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State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ......s aided by circumstantial evidence. 41. The learned Advocates for the condemned prisoners as well as for the absconding convict have submitted that the prosecution case not only suffers from the absence of any direct evidence but the circumstantial evidence in the case are also quite insufficie......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ..Category: Criminal Law | Date: | Hits: 99
Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....rovision of law barring the claim of pre‑emption must be strictly construed, judged from that angle of vision the claim of wavier and acquiescence made by the pre‑emptee must be rejected as being totally unsubstantiated, 12. Mr. Md. Osman Gani, the learned Advocate appearing for the petitione......y the date, month and year of cutting earth and dressing the case land for which he claims compensation as improvement cost. In the face of such clear admission by the pre‑emptee himself and in the absence of any other reliable evidence to prove improvement of the case land, no Court can award imp......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ..Category: Property Law | Date: | Hits: 91
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
....al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ..Category: Procedural Law | Date: | Hits: 110
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......less widow and thus not at all competent to manage the Wakf properly. These conclusions as to obtaining original Mutwalli by undue influence and her subsequent incapacity as a Mutwalli because of her absence from Barisal was arrived at by a curious process of reasoning which is not understood by us.......ence the instant proceeding whether before a Court of first instance or before a Court of appeal or before a Court of revision against the same party for the same relief which, however, for want of jurisdiction, was unable to grant the desired relief. Furthermore, it is now well settled that the L..Category: Trust/Waqf Law | Date: | Hits: 134
.... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
......e made to the case of Ridge Vs. Baldwin & others, reported in 1963 (2) All England Law Reports, 66where their Lordships in delivering the Judgment observed on the same line distinguishing between absence of jurisdiction and mere error of law but with jurisdiction, holding the view that when ther......y Hospital at the time. The complainant also filed a petition to the investigation officer to that effect, yet the instant proceeding was started which, according to the accused, was entirely without jurisdiction as the offence complained of neither comes within the mischief of illegal gratification..
Category: Criminal Law | Date: | Hits: 84
Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)
....87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ......87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ......nt which is, that after the Family Laws Ordinance came into force applications under section 488 CrPC are not maintainable and as such order of maintenance passed by the learned Magistrate is without jurisdiction and hence illegal. Learned Advocate then cites a decision of a learned single Judge rep..Category: Family Law | Date: | Hits: 133
Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)
....ied that petitioners have been able to prove either of the two conditions it is bound to set aside the ex parte decree. 7. From the impugned order it appears that the learned Subordinate Judge has totally ignored the provision of Order 9 rule 13 of the Code of Civil Procedure in deciding the case......r Order 9 rule 13 of the Code of Civil Procedure. Admittedly, the suit was dismissed for default on 23‑9‑1989 and thereafter it was restored to its original file and number on 30‑11‑89 in the absence of the defendants, on the application filed by the plaintiffs under Order 9 rule 4 read with...... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ..Category: Procedural Law | Date: | Hits: 88
Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....ous rubber products by using imported rubber from abroad, imported 18 metric ton of rubber from Sri Lanka under Latter of Credit No. SDD/JBF/336/Nes/112/91 dated 28‑12‑91 C&F, Chittagong at a total Tariff Value of Taka 5,67,000.00 at the rate of Taka 31,500.00 per metric ton. The said consig......d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ......and claimed that the customs authority did not commit any illegality in refusing to repay the total amount of VAT thus paid as it was time barred. 11. On a query, whether the petitioner can invoke jurisdiction of this Court without exhausting all the remedies available, Mr. Mainul Hosein, the lea..Category: Administrative Law | Date: | Hits: 192
Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)
....gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ......e pleadings of the parties, have made out a third case by basing their decision on mere presumption that the opposite parties 1‑4 have acquired a title to the suit land by adverse possession in the absence of any averment in the written statement of the defendant opposite parties and particularly ......gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ..Category: Property Law | Date: | Hits: 77
Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
.... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby discharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ...... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby discharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ......ed power to serve a notice in relation to goods and services valued up to Taka 5 lakh. Therefore, the impugned notice for demand of Additional VAT was made without lawful authority and beyond legal jurisdiction. It is also stated that under section 51 read with 29, 35, 36 and (kha)(4) of the VAT A..Category: Fiscal/Taxation Law | Date: | Hits: 168
Masum and others Vs. State, 2009, 38 CLC (HCD)
....liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ..Category: Criminal Law | Date: | Hits: 75
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....turning of hoists or buckets, etc. This section further provides that where, the floor of one storey is to be used for storage of materials or the construction of roof, it shall be ensured that the total load does not exceed the capacity of the floor. In this connection section 3.5.5 provides that......at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ...... Chapter 2 of Part 2 of the Code (Organization and Enforcement) directs the Government to establish a new or designate an existing agency responsible for enforcement of this Code with a given area of jurisdiction. For the purpose of administering and enforcing the provisions of this Code, the Code..Category: Labour and Industrial Law | Date: | Hits: 163
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
.... been looked into. We on perusal of this decision of our appellate Division, are of the view that the impugned order is not revisable under section 115(1) of the Code of Civil Procedure as there is total bar under the Ain." 17. From a reading of the above quoted decisions, we are unable to acce......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......lusion indicated in the Ain, as in section 6, it will include a remedy under the general law. So, on going through this decision of the Appellate Division, we hold that there is a compete ouster of jurisdiction of the High Court Division for interference under section 115(1) of the Code of Civil P..Category: Civil Law | Date: | Hits: 129
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
....- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ......ce have been established by the reliable and cogent evidence of P.Ws. 2, 3, 7 and 8 and hence we do not think of any hypothesis consistent with the innocence of the condemned persons. 64. In the absence of such judicial and extra judicial confession, it was not possible to recover the dead body......- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ..Category: Criminal Law | Date: | Hits: 106
Ejlash Mia Vs. State, 2010, 39 CLC (HCD)
....ioner under Section 19A and 19(f) of the Arms Act and sentencing him to suffer Rigorous Imprisonment for ten years and seven years respectively which shall run concurrently is maintained. 21. The total period of custody of the convict-petitioner prior to his conviction in connection with thi......tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ......tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ..Category: Criminal Law | Date: | Hits: 90
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....tled, that would strike at the very core of the Constitution causing it to be undeniably violated. 5. The CHT consisting of three districts, namely, Rangamati, Bandarban and Khagrachari covers a total area of 5,138 square miles which is one-tenth of the total territorial area of Bangladesh and ...... be noted that in the First Schedule to the 1947 Act, which provisionally included the Bengal districts in the new province of East Bengal, the Chittagong Hill District was conspicuously absent. Such absence finds meaning and substance in the provisions of Section 8 of the 1947 Act, by virtue of whi......ecome independent, but we continue to have a cursed life…….” (Parliament Debates 25.10.1972: 292-295). In point of fact the Central and Provincial Legislatures had never before exercised any jurisdiction over the Hill Tracts until! 1954. Before India was partitioned the Hill Tracts had been..Category: Constitutional Law | Date: | Hits: 314
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....le thus fails. In the result the rule is discharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......le thus fails. In the result the rule is discharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......oth the side, it will be significant to mention that there is no allegation that the Tribunal had not got any jurisdiction to try the case and the whole proceeding before the Tribunal was without jurisdiction. It is also not alleged that the facts alleged in the FIR do not constitute any offence..Category: Criminal Law | Date: | Hits: 99
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
...., District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ......, District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ...... read over to him to which he pleaded not guilty and claimed to be tried. 5. Mr. M.M. Nuruzzaman learned Advocate appearing on behalf of the petitioner submits that the learned Magistrate had no jurisdiction to pass the order for further investigation after he had accepted the police report a..Category: Criminal Law | Date: | Hits: 84
....Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once.
Ed.
This Case is also Reported in:49 DLR (HCD) (1997) 396.
......at the post was probationary stands falsified by the fact that it continued without interruption for such a long time. There was no adverse report during the probationary period of six months. In the absence of an adverse report, and non‑dispensation of service of an employee within the statutory ......t by its Judgment and order dated 31‑1‑95 allowed the complaint case on contest and the order of dispensation of the service of the respondent No.2 was set aside and declared illegal, and without jurisdiction. The reinstatement of respondent No.2 in her former job was also ordered (Annexure‑F)..
Category: Labour and Industrial Law | Date: | Hits: 265
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
....ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......I find no reason to decide this legal question in the instant case. 5. As regards the sentence of fine imposed by the appellate Court, I am of the opinion that the appellate Court acted beyond its jurisdiction. When sentence of fine is imposed in addition to sentence of imprisonment, this will am..Category: Procedural Law | Date: | Hits: 105
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