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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. ......as registered as Special Tribunal Case No.18 of 2005. Charge was so framed against the accused person, the petitioner pleaded not guilty of the offence and demanded to be tried as per provisions of law. 4. During trial prosecution examined as many as 11 witnesses but the defence examined none. ..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. ......ion 2 of the said Ain the words প্রলুব্ধকরিয়া বা ফুসলাইয়া have not been defined. Section 361 of the Penal Code has defined the offence of kidnapping from lawful guardianship of a minor or a person of unsound mind and has used the word "Entices" in that s..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. ......pecial legislation setting up a special Court the remedies will follow as provided therein and if there is any exclusion indicated therein, as in section 6, it will include a remedy under the general law." 18. And their Lordships in the Appellate Division dismissed the said appeal and thereby mai..Category: Civil Law | Date: | Hits: 171
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....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. ......ndment, other materials on record and given my anxious consideration to their submissions. 11. Now the question calls for consideration whether the Court of appeal below committed any error of law resulting in an error in the decision occasioning failure of justice in passing the impugned ord..Category: Procedural Law | Date: | Hits: 114
Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)
....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. ......nsel then they found that accused namely Nesaruddin Mallick, Jahangir Mallick, Mosharaf Bepari, Selina Khatun, Kana Musa @ Moslem and Kalu Sheikh being armed with leza, Sarki, dao etc. forming an unlawful assembly forcibly entered into the char land situated at the eastern side of Tobna River appe..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.
......iction of Courts
The jurisdiction of Courts is created by statutes and that it can neither be conferred nor taken away by agreement or concession of parties to the litigation or of their lawyers…………(21)
Cases Referred to-
Bangladesh Chemical Industries Corporatio..
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. ......the Bank under section 34(1) of the Artha Rin Adalat Ain, 2003 for issuance of warrant of arrest against the judgment-debtors and contending that Md. Harunur Rashid, Senior Officer of the Bank had no lawful authority to file the application on behalf of the decree-holder Bank and therefore, the appl..Category: Civil Law | Date: | Hits: 154
Mikasa Enterprise Vs. Government of Bangladesh, 2011, 40 CLC (HCD)
....titioner is at liberty to file review application before the Review Committee within 21 days as per provision of the PSI Rules, 2002. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 193. ......per declaration of Table (invoice value) Invoice Value being No.PMK-020/2010 dated 14-8-2010 (as contained in Annexure-"D" to the writ petition) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Briefly the facts of the case, are that the petiti..Category: Fiscal/Taxation Law | Date: | Hits: 151
Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)
....liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ......ong convicting the appellant (sole accused) under section 19A and 19(f) of the Arms Act and sentencing him to suffer rigorousimprisonment for 10 years and 7 years respectively under those sections of law making the sentences to run concurrently. 2. The case arose out of a first information report..Category: Criminal Law | Date: | Hits: 84
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
..... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ......nd possessor of the property and, as such, got no authority to transfer the property in favour of Plaintiffs and their predecessors by deed dated 27.8.1975 and the three deeds did not stand operative lawfully. V. Deed of Defendant side could not be characterized to be erroneous in face of discrep..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. ...... there be such finding or prosecution failed to prove bring such evidence on record, then the conviction under table 1(kha) of section 19(1) of the Narcotics Control Act, 1990 is not sustainable in law and also on the facts of the given case. 7. Mr. Farhad Ahmed, learned Deputy Attorney-General..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. ......ore this Court and obtained the present Rule. 7. Mr. Md. Humayun Kabir Bulbul, the learned Advocate appearing for the plaintiff-petitioners submits that both the Courts below committed an error of law in passing the impugned judgments in failing to appreciatethe case of the respective parties in ..Category: Property Law | Date: | Hits: 100
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ......ntest. The defendant preferred the appeal essentially on the grievance that as collecting bank it had done its business in good faith and without negligence thus is entitled to protection provided by law which is missed by the trial court. 3. The case set out in the plaint, in short, is tha..Category: Business or Commercial Law | Date: | Hits: 548
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ......e contention of the petitioner is subject to prove and that the complainant categorically described the very arising out of cause of action having to ambiguity in it and therefore, there is no legal flaws in filing the case and the learned Assistant Sessions Judge, 2nd Court, Mymensingh on appreciat..Category: Criminal Law | Date: | Hits: 84
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ......ification No.21 (95‑96)‑Import dated 24‑1‑96 (Annexure‑A) issued under the signature of Assistant Controller of Imports and Exports. Chittagong should not be declared to be void and without lawful authority and is of no legal effect and why respondent Nos.1‑4 should not be directed to ca..Category: Civil Law | Date: | Hits: 140
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
....ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......operty can only be attributable to her husband unless otherwise proved. But nothing is proved to the contrary. Mr. Goswami finally submits that the decree passed by the trial Court is well founded in law and on facts andthere is no cogent ground so as to justify interference by this Court in appeal...Category: Property Law | Date: | Hits: 107
Jesmin Ara Vs. Md. Abdul Karim, 2010, 39 CLC (HCD)
....f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ......15 of 2006 and affirming those of dated 31-1-2006 passed by learned Senior Assistant Judge, Rajshahi rejecting an application for returning plaint of Money Suit No.4 of 2004, suffers from an error of law resulting in an erroneous decision occasioning failure of justice. 2. Material facts are that..Category: Procedural Law | Date: | Hits: 122
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......rned Advocate appearing for the petitioner submitted that the lower appellate Court reversed the finding of the trial Court without discussing the evidence on record and thereby committed an error of law resulting in an error in the decision occasioning failure of justice. He further submitted that ..Category: Civil Law | Date: | Hits: 144
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......chedules. And the absence of direct denial in the written objection by defendant Nos.1-4 is fairly attributable to poor draftsmanship not to 'admission' as is taken by the learned judge. Admission in law has a technical meaning not to be inferred from absence of any positive statement or infirmity i..Category: Civil Law | Date: | Hits: 126
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ...... to show cause why the impugned order dated 18.2.87 (Annexure F) passed in complaint case Nos. 47/85 and 46/85 by the Chairman, Labour Court, Khulna should be declared to have been passed without any lawful authority and to be of no legal effect. 1. Since these two rules were issued against the s..Category: Labour and Industrial Law | Date: | Hits: 182
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