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Babu Khan Vs. State, 2003, 32 CLC (HCD)
....once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547.......ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547.......ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547...Category: Criminal Law | Date: | Hits: 123
.... Procedure Code, it could be rejected under section 151 of the Code of Civil Procedure, in the exercise of the Court's inherent power. In support of his contention he referred us to a decision of our Appellate Division, Abdul Jalil and others Vs. Islamic Bank of Bangladesh Ltd. and others, reported ......py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542.......py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542...
Category: Procedural Law | Date: | Hits: 146
Mohiuddin Ahmed and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... liable to be rejected under Order 7 rule 11 of the Code of Civil Procedure. 19. In the case of Sreemati Pushpa Rani Das Vs. AKM Habibur Rahman, reported in 13 BLD (AD) 217 it has been held by our Appellate Division that, "The plea of res judicata is not available in rejecting a plaint under Orde......r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504.......r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504...Category: Property Law | Date: | Hits: 121
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....nted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493...Category: Tenancy Law | Date: | Hits: 190
Mohammad Selim Vs. State, 2012, 41 CLC (AD)
....ordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:...... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:...... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 98
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
....ugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 90
State Vs. Md. Kamal Uddin alias Pichchi Kamal, 2012, 41 CLC (AD)
.... in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......nvict-appellant-respondent Md. Kamal Uddin alias Pichchi Kamal from the charge leveled against him and setting aside the judgment and order of conviction dated 20.05.2004 passed by the Judge, Special Tribunal No.6, Comilla. 2. The prosecution case, in brief, is that the accused Kamal Uddin wa..Category: Criminal Law | Date: | Hits: 119
Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)
....sh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ......opposition denying material allegations made in the writ petition, stating that the writ petition was not maintainable since the writ petitioners were Government servants their remedies lies with the Administrative Tribunal. Hence, the Rule is liable to be discharged. 6. By the impugned judgment......ing material allegations made in the writ petition, stating that the writ petition was not maintainable since the writ petitioners were Government servants their remedies lies with the Administrative Tribunal. Hence, the Rule is liable to be discharged. 6. By the impugned judgment and order, the..Category: Employment/Service Law | Date: | Hits: 222
....nt and order passed by the High Court Division is liable to be set aside”.
Preparation of paper book, as prayed for, is dispensed with.
This Case is also Reported in:......h the impugned judgment and order passed by the High Court Division is liable to be set aside”.
Preparation of paper book, as prayed for, is dispensed with.
This Case is also Reported in:......h the impugned judgment and order passed by the High Court Division is liable to be set aside”.
Preparation of paper book, as prayed for, is dispensed with.
This Case is also Reported in:..
Category: Property Law | Date: | Hits: 181
....r as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479....... once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479.......et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479...
Category: Property Law | Date: | Hits: 118
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....demand. Similar point was raised in a case of Satya Narayan Poddar Vs. State reported in 53 DLR 403 wherein their Lordships have held as under: “However, we have considered the decision of our Appellate Division on such a question of pre-maturity of cause of action. This is reported in 31 D......Case No.124 of 2007 is hereby affirmed. 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: 63 DLR (HCD) (2011) 471. ......Case No.124 of 2007 is hereby affirmed. 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: 63 DLR (HCD) (2011) 471. ..Category: Procedural Law | Date: | Hits: 114
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449...Category: Property Law | Date: | Hits: 79
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....ing. The learned Assistant Judge allowed pre‑emption the finding of petitioner's prima facie title acquired by the Exhibit 1 for not being attached by the impugned auction sale. On appeal the lower Appellate Court reversed the judgment and order of the learned Assistant Judge in terms of its judgm......aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517...Category: Property Law | Date: | Hits: 132
Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
....spect to agricultural land is controlled and regulated by section 96 of The Act and Act is a product of Special Statute. Sub‑section 12 of section 96 of the Act contemplates a first appeal to Civil Appellate Court from any order of Court of First instance under section 96 of The Act and appeal is ......ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515.......ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515...Category: Procedural Law | Date: | Hits: 104
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....mn Vs. Government of Bangladesh, 44 DLR 111 and Civil Appeal Nos. 14-16 of 1995 in the case of Bangladesh Vs. Saifuddin Ahmed [50 DLR (AD) 27 = 3 BLC (AD) 6]. We have gone through the judgment of the Appellate Division in both the cases. It appears that the facts and circumstances of this case are q......as regard maintainability of the writ application. In is their case that since the absorption in a Cadre is a service condition for enforcement of the same, the proper remedy of the petitioner is the Administrative Tribunal constituted under Article 117 of the Constitution and, as such, this writ pe......ainability of the writ application. In is their case that since the absorption in a Cadre is a service condition for enforcement of the same, the proper remedy of the petitioner is the Administrative Tribunal constituted under Article 117 of the Constitution and, as such, this writ petition is not m..Category: Employment/Service Law | Date: | Hits: 216
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....k a preliminary objection regarding the maintainability of the application. He submitted that under section 153 of the Income Tax Ordinance, 1984 an aggrieved assessee may prefer an appeal to the Appellate Joint Commissioner against an order passed by a Deputy Commissioner of Taxes. If he is u......herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......d assessee may prefer an appeal to the Appellate Joint Commissioner against an order passed by a Deputy Commissioner of Taxes. If he is unsuccessful, he can file a further appeal to the Appellate Tribunal under section 158 of the said Ordinance. Within 60 days from the date of receipt of the ord..Category: Fiscal/Taxation Law | Date: | Hits: 170
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....e trust. 11. In the case of N. Mahmud Vs. M. Ahmed 36 DLR (AD) 14 it has been observed that the question whether there is any partnership is a question of fact. It has been further observed by the Appellate Division. "In Cox Vs. Hickman (1860) 85 LG 268 the House of Lords settled the point that a......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ..Category: Criminal Law | Date: | Hits: 362
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
.... dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......n on the award. Thus he submits that section 43 under sub-section (1)(ক)(উ) clearly gives a right to the aggrieved party to pray for cancellation of the award when appointment/constitution of the Tribunal or the arbitral procedure is not consistent with or in accordance with the agreement. This ..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......ect the deliberations of other decision making agencies which are not courts of law "in the narrow sense. The general assumption certainly seems to be that it is not." In England by virtue of Tribunal Act, 1921, the High Court of England has been authorised to take cognizance of contempt of ..Category: Criminal Law | Date: | Hits: 131
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....e trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597...Category: Property Law | Date: | Hits: 122
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