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Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)
....akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ......ssistant Judge, Pakundia, Kishoreganj praying for a declaration that the Managing Committee constituted with the defendant Nos.1-10 and approved by the defendant No.12 dated 18.12.03 to be illegal, unlawful, void and not binding upon the plaintiff contending, inter alia, that the people of Shalaudi ..Category: Civil Law | Date: | Hits: 107
Md. Abul Mollah and another Vs. State, 2006, 35 CLC (HCD)
....l bond. 27. Send down the lower Courts record at once with a copy of the Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 184. ......reparation of adulterate hair oil and Cosmetics. We find that the conviction and sentence against the appellants are not based on legal evidence and as such the same cannot be sustained in the eye of law. 25. Having considered the facts and circumstances of the case we are of the view that the pr..Category: Criminal Law | Date: | Hits: 71
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ...... is a chance of the accused-petitioners being prejudiced, unless this fact of possession is determined first by the civil Court, in the aforesaid Other Class Suit No.26 of 2003, whereas the settled law is that the finding of the criminal Court regarding possession of land is not admissible in ev..Category: Criminal Law | Date: | Hits: 54
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....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. ......titioners in the course of argument after placing the impugned orders and other materials on record submits that in the facts and circumstances of the case the Artha Rin Adalat seriously erred in law in passing the impugned order without properly applying his judicial mind into the facts and cir..Category: Civil Law | Date: | Hits: 129
Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)
....e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......e upon hearing both the parties rejected the application by the impugned order dated 01.08.2000 on the sole finding that earlier similar type of application was rejected which can not be sustained in law in as much as the petitioners by filing sufficient documentary evidence substantiated their righ..Category: Property Law | Date: | Hits: 96
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. ...... partisan and interested witnesses and that the learned judge manifestly committed wrong in convicting and sentencing the convicts without proper weighing and shifting the evidence as required by law and that the learned Tribunal has convicted the accused persons only on the basis of surmises an..Category: Criminal Law | Date: | Hits: 106
Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)
....without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ......3.03.2008 passed by learned Assistant Judge and Family Court Patharghata allowing an application under section 5 of the Limitation Act in Family Execution Case No.03 of 2008, suffers from an error of law resulting in an erroneous decision occasioning failure of justice. 2. Material facts are th..Category: Limitation Law | Date: | Hits: 147
Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)
.... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ......t is also well-settled that confirmation of sale during pendency of application for setting aside sale is illegal. Mr. Goswami also submits that the learned Appellate Court below committed error of law in not giving effect to the provision of Section 41(1) of the Artha Rin Adalat Ain, 2003 which h..Category: Civil Law | Date: | Hits: 89
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....998), and Bandarban Hill District Local Government Council (Amendment) Act 1998 (Act 11 of 1998) (hereinafter referred to as "the Impugned Acts") as passed by Parliament on 24 May 1998 with a view to amending certain provisions of the Original Acts of 1989 (Acts Nos.19, 20 and 21 of 1989). On 3 Dece......g Hill Tracts ("NCCHT") and the Chairman of the Parbottya Chttagram Jana Shanghati Samity ("PCJSS") (Annexure-B of the Writ Petition) should not be declared to have been made and executed without any lawful authority and contrary to the express provisions of the Constitution and, therefore, void and..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. ......a thing or an institution in which it inheres. This rule has its source in the maxim "Quado lex aliquid alicui concedit, con-coders videturid sine quo ipsa esse non potest" which means that "when the law gives anything to anyone it gives also all those things without which the thing itself could not..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. ......nctus officio and that the subsequent order passed by him was illegal. He lastly submits that taking of cognizance on the basis of subsequent police report is patently illegal and cannot sustain in law. In support of his argument the learned Advocate for the petitioner refers to the case of Shaher..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.
...... why the impugned Judgment and Order dated 31‑1‑95 passed by the respondent No.1, First Labour Court, Dhaka in complaint Case No.450 of 1993 should not be declared to have been passed without any lawful authority and is of no legal effect.
2. The facts, in short, are that, the respondent No.2..
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. ......rs from the evidence that no suggestion was given to any of the witnesses on this point. No argument was advanced before the trial Court nor before the appellate Court on this point.It is true that a law point can be raised in revision for the first time but the law point raised here is related to a..Category: Procedural Law | Date: | Hits: 105
Akhter Hossain (Md.) Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....roup-2 and Inquiry Officer, Customs House, Dhaka and withdraw the suspension order of license. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 82. ......ector, Customs Group 2 and Inquiry Officer, Customs House, Dhaka and/or pass such other or further order or orders as this Court may seem fit and proper. 2. It is stated that the petitioner is a law abiding citizen of the country and Proprietor of Messrs Parul Trade International. He obtained..Category: Fiscal/Taxation Law | Date: | Hits: 166
Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)
....been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ......e period of stay was ultimately extended till disposal of the Rule by this Court by its order dated 26-1-2010. Given this scenario, it is palpably clear that the petitioner has been a fugitive from law for about two years. As a fugitive from law, he has no legal right to prosecute the Rule. But in..Category: Criminal Law | Date: | Hits: 99
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ...... by denying all the material allegations of the plaint and admitting the statement made in the written statement filed by the defendant No.1 contended inter alia, that the plaintiff is the brother-in-law of the defendant No.3. The defendant No.3 married the maternal cousin sister of the plaintiff an..Category: Property Law | Date: | Hits: 119
....ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 606.
......he Third Labour Court, Dhaka, in P.W. Case No.14 of 1992 allowing the case, as evidenced by Annexure 'E' and 'C' respectively to the writ petition should not be declared to have been made without any lawful authority and to be of no legal effect and also obtained the order of stay of the operation o..
Category: Labour and Industrial Law | Date: | Hits: 215
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
.... reply to the argument of the learned Advocate for the petitioner submitted that the petitioner ought to have come up with fresh application under Order 21 Rule 90 of the Code of Civil Procedure. The amending part of the proceedings of Miscellaneous Case No.17 of 2009 is not proper. Secondly submitt......he C.S. Khatian No.17 of mouza Bamuel and Mutated Khatian No.31/1 photocopy of OCR and one rent-receipt. The other documents are amendment of Civil Court Act, 1887 vide Act No. 49 of 2001. The case law of IFIC Bank Ltd. Vs. Mariner Fashions Ware Pvt. Ltd. and others, reported in 12 BLC (HCD) 723 a..Category: Civil Law | Date: | Hits: 112
Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ......of 2009. And Writ Petition No.6235 of 2009. Judgment Md. Delwar Hossain J. - These 2(two) Rules Nisi are taken up together to be disposed of by this single judgment as common question of law and similar facts are involved. 2. In Writ Petition No.3392 of 2009 the petitioner filing an ..Category: Civil Law | Date: | Hits: 130
Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....rder passed in this case stands vacated. Let a copy of this Judgment and Order be transmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......d by the Directors in the Board Room of the Bank and therefore we feel it WASA Board Resolution, not a personal property of any of the Directors. It is a property of the Bank and according to company law, a shareholder has no right, title or interest in any property of a company except his right to ..Category: Criminal Law | Date: | Hits: 100
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