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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. ...... 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. ...... stage of revision by failing to take any ground in this regard. Hence, the pre‑emptee petitioners are debarred from agitating this ground at this stage and this Court in exercise of its revisional jurisdiction cannot act on this point. 22. The learned Advocate for the pre‑emptee petitioners ..

Category: Property Law | Date: | Hits: 155

Abdul Halim Talukder alias Chand Mia Talukder Vs. Md. Hazrat Ali Talukder and others, 1997, 26 CLC (HCD)

....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. ......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. ......rmination of the legal issues will rebut or establish a part of the case, The question whether the Court‑fee paid was sufficient or whether the suit is barred by limitation or whether the Court has jurisdiction to entertain the suit has been adjudged as preliminary issues and it requires determina..

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. ...... 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. ...... 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. ..

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. ......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. ......atory that the trial of the case, must be tried by the Court of Sessions not inferior to that of a Sessions Court and the Joint Session Judge being a subordinate to the Court of Sessions Judge has no jurisdiction to try the Case and, as such, the trial of the instant case by the Metropolitan Joint S..

Category: Procedural Law | Date: | Hits: 167

Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)

....broad and the money transaction of the Company remained within Bangladesh and thus the ingredients of the offence of Money Laundering i.e. to transfer, convert or remit money from or to Bangladesh is total­ly absent in the present case against the accused-petitioners. 6. Mr. Md. Khurshid Alam Kh......jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ......jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ..

Category: Criminal Law | Date: | Hits: 123

State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)

....mission of murder of the deceased Tipu. There was no animos­ity between the accused and the deceased rather there was amity and hobnob between them. There is no eye-witness of the occurrence and the total pros­ecution case is based on conjecture and imagination. The accused did not murder the dece......er calling away the deceased by the appellants from the house of the deceased after which the deceased was not found till his dead body was recovered in the sugarcane field on the next day and in the absence of any other reasonable explanation as to the safe departure of the deceased from the compan......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. ..

Category: Criminal Law | Date: | Hits: 147

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. ......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. ......to the Magistrate concerned to take legal action against P.Ws. 1 and 2 and also directed P.W.2 to pay compensation of Taka 20,000.00 to the accused. 5. A Tribunal or a criminal Court is within its jurisdiction to decide whether any of the witnesses in the case deposed falsely and committed offenc..

Category: Criminal Law | Date: | Hits: 72

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. ......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. ......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. ..

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. ......nsent accordingly for holding the office of Secretary on Current Charge (সচিবের চলতি দায়িত্ব) and therefore the appointment in the post of Secretary in Charge in the absence of any proposal for said post, is ex-facie illegal and without lawful authority and that the......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. ..

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. ......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. ......came to a finding that the services of the respondents were terminated for trade union activities and that this finding being a finding of fact should not be interfered with by this Court in the writ jurisdiction. He further submits that the one-point charter of demand dated 19.7.2000 was not procee..

Category: Labour and Industrial Law | Date: | Hits: 138

District Accounts Officer, Narail and others Vs. Niranjan Chandra Biswas and others, 2004, 33 CLC (HCD)

.... it is stated that the impugned judgment and decree was passed on 10.5.2000 and application for obtaining the certified copy was filed on 1.7.2001 with delay of more than 1(one) year. The petition is totally silent and stated that on 28.8.2001 the file was sent to the learned Deputy Attorney General...... 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. ...... 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)

....ination for promotion of the officers under the Executive Grade and above. The petitioner appeared in the interview before the promotion committee in its meeting held on 3.5.1990 and 5.5.1990. Of the total 65 marks fixed for promotion the petitioner secured 58 marks including 10 marks in viva-voce 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. ......he Appellate Division in the case of Bangladesh Agricultural Development Corporation Vs. Giasuddin Ahmed and others, 25 BLD (AD) 125 held the introduction of viva-voce examination illegal and without jurisdiction. He also submits that under the amended provision of promotion, the petitioner was depr..

Category: Employment/Service Law | Date: | Hits: 144

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. ......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. ......n presence of the owner in Bangladesh all through who contested the case before the Court of Settlement and deposed before that Court supporting the sale in favour of the petitioner and acted without jurisdiction in not releasing the property since the Government failed to produce any paper in suppo..

Category: Property Law | Date: | Hits: 107

Shawqat Ara Salahuddin and others Vs. Government of the People's Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....etitioners submitted all the documents of title for immediate mutation. Being satisfied with the documents submitted the respondent No.1 asked the petitioners by letter dated 13‑9‑87 to deposit a total sum of Taka.77,875.00 being the up‑to‑date arrear premium of the leasehold property which ......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. ......espondents are under legal obligation to mutate the names of the petitioners in the record of rights and this action of illegally withholding the prayer for mutation is absolutely illegal and without jurisdiction. 9. In the result, this Rule is made absolute and the action of the respondents in n..

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. ...... not. The mere fact that the name of accused appellant Khadem Ali Akanda, appears on the back side of the cheque in question is not enough to show that the same is the signature of the accused in the absence of any positive evidence. In this view of the matter I hold that the learned trial Court was......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. ...... 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. ...... 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. ...... months but denied the suggestions that she was deposing falsely or that she was minor. At the top of the deposition sheet her age was written as 21 years. In the above facts and circumstances in the absence of anything in the charge that the victim was a minor and in the absence of any positive evi......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)

....M Moniruzzaman Khan, the learned Advocate appearing on behalf of the petitioners of Civil Revision Nos.3542 and 1322 of 1995, submits that provisions of section 7 of the Artha Rin Adalat do not put a total embargo against the filing of revisional application before the High Court Division against an......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. ...... Rin Adalat cannot be challenged in any Court except as provided in said Artha Rin Adalat Act. 11. He contends that interlocutory order passed by the Artha Rin Adalat is not amenable to revisional jurisdiction under section 115 CPC. 12. In support of his contention he referred two decisions, t..

Category: Civil Law | Date: | Hits: 171

Smith Co-Generation (Bangladesh) Private Limited Vs. Bangladesh Power Development Board, 2010, 39 CLC (HCD)

....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. ......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. ...... pending before the same Court who passed the decree in the previous suit and it must be filed by the judgment debtor…………………….(14)   Jurisdiction of Courts   The jurisdiction of Courts is created by statutes and that it can neither be conferred nor taken away by..

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. ......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. ......efend the rule on that ground has added the new grounds and thereby changed the pleadings of the writ petition which is not lawful; II) Mr. Harunur Rashid, the Senior Office of the Bank had lawful jurisdiction to file the application under section 34(1) of the Ain as he was empowered, by the Bank..

Category: Civil Law | Date: | Hits: 154