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Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
.... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ......e Negotiable Instruments Act. 6. In the backdrop of the submission made by the learned Advocate for the accused petitioners and the learned Advocate for the opposite party No.1 complainant and the law as envisaged in sections 138 and 141 of the Negotiable Instruments Act, now let us see whether t..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......the Negotiable Instruments Act, as amended, or even under section 420 of the Penal Code, and, in any event, may tarnish his image, and hence, the bank's liability may extend to one under the tortious law of defamation, subjecting it to pay substantial damages………………………(28) Lawyer..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
.... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......Party Judgment March 11, 2010. Result: The Rule is discharged. The Negotiable Instruments Act, 1881 (Act XXVI of 1881); Sections 138, 141 Negotiable Instruments Act is a special law without any reference as to jurisdiction. Normally the provision of Criminal Procedure Code is t..Category: Criminal Law | Date: | Hits: 134
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ...... to make an order of detention with a view to preventing a person from doing a prejudicial act within the meaning of section 2(f) (i) of the Special Powers Act. Any such order of detention is without lawful authority and as such, the detention of the detenu on the basis of this order must also be de..Category: Criminal Law | Date: | Hits: 74
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......udgment April 2, 1989. Result: The Rule is made absolute. The Code of Criminal Procedure (V of 1989), sections 339B (1), 87 and 537. Though at the time of insertion of section 339B the lawmakers were aware about the existence of section 537 Cr.P.C., while inserting section 339B in Cr...Category: Criminal Law | Date: | Hits: 110
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ......009. Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XLI Rule 19 Where there is specific provision of law for re-admission of the appeal then the litigant should invoke that provision. If the defendan..Category: Procedural Law | Date: | Hits: 154
.... Orders previously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
......
2. The facts under consideration in all these six Applications having arisen out of the Petitioner Company Reliant Commodities & Technologies Pte. Ltd. ('Reliant'), as incorporated under the laws of the Republic of Singapore, having, in the course of being engaged in the business of trading..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
.... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ......Act. The trial Court as well as the appellate Court below, it is contended, having allowed the preemption case of the preemptor‑petitioners in spite of the aforesaid defects committed an error of law justifying interference with the impugned Judgment and order by this Court. 6. Learned Advoca..Category: Property Law | Date: | Hits: 155
....ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
......etitioner moved this Court and obtained the present Rule.
3. Mr. Abdul Wahhab Miah, the learned Advocate appearing for the petitioner, submits that the learned Subordinate Judge seriously erred in law in rejecting the petitioner's applications for determination of issue of maintainability of the ..
Category: Procedural Law | Date: | Hits: 152
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ......ict Abul Hashem and his order dated 11‑6‑97 vide Annexure B not considering the petition of the detenu to release him from Noakhali Jail custody should not be declared to have been passed without lawful authority and of no legal effect. 2. At the time of issuance of the Rule this Court direct..Category: Criminal Law | Date: | Hits: 88
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ......the application then he came to learn that on 11-12-2011 the application was rejected for default. Because of such order of default a gap has been created between the relation of the client and the lawyer and if the case in not restored to its original filed and number the petitioner will be preju..Category: Procedural Law | Date: | Hits: 167
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......desh in 2000. He was living with his father and mother in their residence at Sewrapara but in the separate mess. One Helal is the friend of deceased Tipu and accused Zakaria is the distant brother-in-law of Helal. Accused Zakaria became known to Tipu through his friend Helal. Zakaria is a Kabiraj wh..Category: Criminal Law | Date: | Hits: 147
....t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
...... possession, the plaintiff petitioner could take recourse as per Civil Procedure Code for getting possession of the suit property in a competent Court. Avoiding the same which is the proper course of law, this present application has been filed.
4. Thereafter, in our view, there is no scope to ..
Category: Civil Law, Contempt of Court Law | Date: | Hits: 99
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ......en to Fourth Court of Subordinate Judge, Dhaka and no notices of any transfer before 29.11.1999 had ever been served upon Defendants-Petitioners and both the Courts below committed a serious error of law holding that Petitioners had knowledge of the suit and by that error a failure of Justice has be..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
.... been framed after pronouncement of the judgment in the case of Masder Hossain and at the instance of the Appellate Division of the Supreme Court. This position, as per law, cannot be changed without amending the relevant laws inasmuch as no other interpretation can be given to the "laws and rules" ...... post amongst the Officers in the Secretariat of the Ministry, and as such if there be any allegation as to eligibility, against holding of the post and also us being not appointed in accordance with law, the same requires to be looked into and that the petitioner also described himself as a practic..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. ......dgment Syed Mahmud Hossain J.- Writ Petition Nos. 7785, 8121, 8122, 8123 and 8124 of 2005 were heard analogously and being disposed of by this common judgment as they do involve common question of law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as fol..Category: Labour and Industrial Law | Date: | Hits: 138
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. ......stry of Agriculture directed BADC to implement the Service Regulations of 1990 cancelling the temporary provision of promotion based on viva-voce examination which was declared not in accordance with law. The Ministry of Agriculture directed BADC to consider promoting all concerned officials on the ..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. ......d to keep it pending for consideration at the time of hearing of the suit. 9. Mr. Abdul Quddus Miah, the learned Advocate for the petitioners submits that the learned Joint District Judge erred in law in rejecting the application for impleading the parties and the petition for amendment of the pl..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. ...... of 1987 (Ka‑1005‑Mirpur Sections 1 and 2) holding No.2‑E/5‑2‑Mirpur. Dhaka as contained in Annexure‑1 to the Writ Petition should not be declared illegal and having been made without any lawful authority and is of no legal effect. 2. The case of the petitioner, in brief, is that the ..Category: Property Law | Date: | Hits: 107
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. ......iting expert for examination and comparison with the admitted specimen signature of the accused‑appellant and for that purpose the case may be sent to the trial Court for retrial in accordance with law. 11. Of the 10 P.Ws., examined in this case, P.W.1 Md. Jashimuddin SI of Police attached to T..Category: Criminal Law | Date: | Hits: 88
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