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Idris Miah (Md.) Vs. State, 1998, 27 CLC (HCD)
....ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ......dur Rahim deposed as P.W.1 and appellant No.2 Md. ldrish Miah deposed as P.W.2. It further appears that P.W.1 i.e., the informant was also the Investigation Officer. After considering the evidence on record, the Tribunal held that P.W.1, the informant, filed a false case of recovery of arms against ......ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ..Category: Criminal Law | Date: | Hits: 72
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....Civil Appeal arising out of a Leave Petition. Civil Appeal was allowed. It has been held by Appellate Division: Under Order IX Rule 13 of The Code if summons is not duly served on defendant that is a good ground for, setting aside an ex parte decree. Under Order IX Rule 13 of The Code if a party sat...... Paul, Advocate - For Opposite Parties. Civil Revision No.3928 of 2006. Judgment AK Badrul Huq J.- Destiny of Civil Revision Case hinges on answer to following probes: I. Whether decision recorded by Court of First instance and maintained by Court of Appeal in not restoring Title Suit to......9.11 1999 canvassing basic contentions: I. No summons had been served upon substituted heirs of Eighteenth Defendant and Decree-Holder Plaintiff in collusion with process server managed fraudulent service of summons and signature of service on summons has been illegible and Defendants-Petitioners..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......are about the legal position in the appointment in the post of Secretary, Ministry of Law and therefore in the second opinion the condition has been incorporated. 38. Incidentally it may be put on record that the learned Registrar misinterpretating a resolution of the Full Court of the High Court......by Annexure-A to the writ petition, and that said Respondent No.5 filed an application for his absorption as Joint Secretary of the Legislative Drafting Wing of the Ministry of law, relinquishing his service in the judicial service cadre in the year 2000, and that in the year 1998 the Legislative Dr..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ......ive cases, the petitioner obtained 5 Rules from this Court. 10. Mr. A.K.M Badruddoza, learned Advocate appearing for the petitioner in all the Writ Petitions, submits that there was no evidence on record to hold that the petitioner terminated the services of the respondents for their trade union ......on activities and the management was looking for chance of getting rid of the workers involved in the activities of union including these worker-respondents. Ultimately, the petitioner terminated the services of these four workers involved in trade union activities on 13.7.2000. Each of the responde..Category: Labour and Industrial Law | Date: | Hits: 138
.... no merit in this rule.
The application for condonation of delay for 679 days is rejected.
Accordingly the rule is discharged.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 425.
......l (Civil) from office of Solicitor who endorsed the same to Mr. Jahurul Islam Assistant Attorney General on 9.10.01 and it is stated that Mr. Jahurul Islam after drafting the application returned the record on 25.9.2001 for typing stamping and observing other official formalities. The statement is s...... no merit in this rule.
The application for condonation of delay for 679 days is rejected.
Accordingly the rule is discharged.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 425.
..
Category: Limitation Law | Date: | Hits: 119
Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)
....directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ......storation of his seniority is unquestionable. 9. In the result, the Rule is made absolute and respondent No.1 is directed to restore the seniority of the petitioner. 10. Before parting with the record, we would like to observe that even after passing the judgment of the Appellate Division in t......directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ..Category: Employment/Service Law | Date: | Hits: 144
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
....nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ......dication. This provision thus, confers wide discretion on the Court to meet with every case of defect of parties and is not affected by the inaction of the plaintiff to bring the necessary parties on record. Addition of parties is, however a judicial discretion which is required to be exercised judi......nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ..Category: Property Law | Date: | Hits: 85
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......e holding and exclusion of the same from the list of the abandoned property but the respondent No.1 illegally dismissed both the cases without application of judicial mind and against the evidence on record. 5. The respondent Government did not file any written statement butcontested the case by ......te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ..Category: Property Law | Date: | Hits: 107
....t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment.
There will be no order as to cost.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 467.
...... sons, two daughters and one wife.
3. At the first instance, one son, namely, Md. Salahuddin preferred this writ petition and obtained Rule on 13‑7‑92 for a direction to mutate his name in the record of rights as Mr. Md. Serajuddin, the father of Md. Salahuddin died. Later on this Salahuddin ......t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment.
There will be no order as to cost.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 467.
..
Category: Property Law | Date: | Hits: 119
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
....y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......s case examined as many as 10 witnesses but the defence did not examine any D.Ws. 6. The learned Additional Sessions Judge and Special Judge Court No.3 Tangail on consideration of the materials on record convicted the accused-appellant and sentenced him as aforesaid. 7. Being aggrieved by th......y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ..Category: Criminal Law | Date: | Hits: 88
Mostafa Vs. State, 2012, 41 CLC (HCD)
.... with in any other case. Send down the Lower Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ......of the Nalitabari police station investigated the case and having found prima facie case submitted a charge-sheet against the accused-petitioner under section 19A of the Arms Act. Ultimately the case record was transmitted to the Special Tribunal No.3, Sherpur and it was registered as Special Trib...... with in any other case. Send down the Lower Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ..Category: Criminal Law | Date: | Hits: 59
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
....k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ......and to pay fine of Taka 5,000.00 in default to suffer RI for further period of 4 months. 2. Learned Advocate appearing for the appellant, after placing the impugned judgment and other materials on record, submitted that prosecution failed to prove the charge brought against the appellant and as s......k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ..Category: Criminal Law | Date: | Hits: 89
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ......aintiff took few adjournments. Then on the prayer of the plaintiff the suit was transferred to Artha Rin Adalat No.4 on 8‑10‑1993 for disposal by the said Court. The transferee Court received the record on 30‑11‑1993 and fixed 15‑1‑1994 for argument. After few adjournments the Court fina......lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ..Category: Civil Law | Date: | Hits: 171
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....rety are not well founded in the facts and circumstances of the case. Therefore, the grounds urged and contentions advanced by the learned Counsel for the petitioners prevails and appears to have good deal of force. On the contrary I failed to discover any merit sin the submission advanced by ....... After hearing the High Court Division by the Judgment and decree dated 20-05-1999 remanded the appeal to the Court of appeal below to deliver the Judgment afresh after appraisal of the evidenced on record. Title Appeal No.81 of 1984 now pending before the Court of District Judge, Manikganj, for he......rdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ..Category: Procedural Law | Date: | Hits: 114
Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)
.... against the appellants beyond all reasonable doubt and as such they are entitled to get an order of acquittal as benefit of doubt. The argument advanced on behalf of the appellants appears to have a good deal of force and the argument advanced by the learned Assistant Attorney-General is devoid of ......tent and uniform. In support of his contention he referred the case of Nisar Ahmed Vs. State reported in 1976 P.L.D (SC) 452 and the learned Judge of the trial Court after considering the evidence on record rightly convicted the appellants which calls for no interference by this Court. 11. To a......ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ..Category: Criminal Law | Date: | Hits: 78
....ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
......davit supports the impugned order which was, according to him just, correct and proper. He is the course of argument after placing the impugned after placing the impugned order and other materials on record submits that in the facts and circumstances of the case the learned District Judge committed ......ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
..
Category: Civil Law | Date: | Hits: 178
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ...... this Division in Writ Petition No.6191 of 2003. 12. We have examined the writ petition, the supplementary affidavits, affidavit-in-opposition, the affidavit-in-reply and the connected material on record. 13. We have also studied the decisions as referred to by the learned Advocates for the co......tor to pay the decretal amount and at the time of filing of execution case specific provision has been made under section 30 of the Ain for publication of notice in the daily newspaper as well as for service of notice by registered post and process server at the initiation of an execution case. But ..Category: Civil Law | Date: | Hits: 154
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
....t of greater practical difficulty which is involved in proving a negative than in proving an affirmative = Halsbury Laws of England Vol. 13 Para 605. It is an ancient Rule founded on consideration of good sense and should not be departed from without strong reasons. Per Lord Maugham in Constantine L......Hasan Arif, Advocates - For Petitioners. Md. Ibrahim Molla with Md. Alamgir Hossain, Advocates - For Opposite Parties. Civil Revision No.1230 of 2006. Judgment AK Badrul Huq J.- Decisions recorded by learned Appellate Judge in a Title Appeal by which adjudication rendered by learned Tria....... Plaintiffs, thus, has been constrained to lay suit in Court. 5. Second, Fourth-Sixth and Eleventh-Thirteenth-Defendants put up contest in the suit on bestowing a written, statement pressing into service core contentions that Panchananda had been rightful owner of Cadastral Survey plot no.339 an..Category: Procedural Law | Date: | Hits: 155
State Vs. Rois Khan and another, 2009, 38 CLC (HCD)
....our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ......id accuseds under table 1(kha) of section 19(1) and also under section 25 of the Narcotics Control Act, 1990. In the charge sheet 32 persons have been cited as witnesses. 5. Eventually, the case record was sent to the Court of Sessions for trial and on transfer trial was held by the learned Met......our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ..Category: Criminal Law | Date: | Hits: 112
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
.... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ......uddin Mallik vide two registered kabala deeds dated 13-1-87 and 1-4-87 and became for owner and possessor the same, that the defendants have no right, title and possession in the suit land but the SA record was published mistakenly in the name of some defendants and thereupon, the defendants claim...... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ..Category: Property Law | Date: | Hits: 100
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