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Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 1998, 27 CLC (HCD)
....f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ......se of the maternal grand‑father. 3. Mr. Menhazuddin Ahmed Khan, learned Advocate appearing for the petitioner, submits that the learned Subordinate Judge hearing the appeal fell into an error of law by not holding that the father is the natural guardian for a minor male child above the age of s..Category: Family Law | Date: | Hits: 136
Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....¦ªà¦¾à¦²à¦¨ করিবেন। 28. The learned Assistant Attorney-General also submitted that the instant writ petition is not maintainable against the respondent as there is a clear statutory provision of appeal under section 42of the VAT Act, 1997. As such, he referred a deciÂsion of our a......¸à¦• নীঃ ও বাঃ/২০০০/৩৪à§dated 31-10-2006 issued by the respondent No.4 refusing to allocate and fix a separate service code should not be declared to have been made without lawful authority and are of no legal effect and/or such other or further order or orders passed as t..Category: Fiscal/Taxation Law | Date: | Hits: 168
Masum and others Vs. State, 2009, 38 CLC (HCD)
....the Arms Act sentencÂing both of them to suffer rigorous imprisonment for s period of 7 (seven) years, subject to reduction of the custody period of the convict appellants from their sentence as per provision Section 35A of the Code of Criminal Procedure. 2. The prosecution case, in short, is th......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)
....ormation as to what instructions and guidelines the respondents sent to the relevant persons to take safety measures for avoiding deaths and injuries of construction workers as per the workers safety provisions proÂvided in the National Building Code, 2006. But petiÂtioner No.1 did not get any res......anization committed to protecting and promoting human and fundamental rights of the poor and disadvantaged groups in keeping with the spirit of the Constitution, and striving to establish the Rule of law and good governance in the society by empowÂering the weaker and vulnerable segments to estabÂ..Category: Labour and Industrial Law | Date: | Hits: 163
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 prejuÂdiced, 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 possesÂsion 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)
....8 when sale certificate was issued under section 33(5) and thereby entertained the application of the decree holder issuing warrant of arrest on 12.3.2009 and also on 14.10.2009 without following the provisions of section 51 read with Rule 37 of Order 21 of the Code of Civil procedure and rejected t......titioners in the course of argument after placing the impugned orders and other materials on record submits that in the facts and circumÂstances of the case the Artha Rin Adalat seriÂously 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)
....d of accused Telu. 38. The learned trial court convicted them under section 302/34 of the Penal Code sentencing each of them thereunder to death with fine of Taka 5000/-. 39. Now let us see the provision of law under section 302 and 34 of the Penal Code which are as follows- "Section 302. P...... parÂtisan and interested witnesses and that the learned judge manifestly committed wrong in convicting and sentencing the convicts withÂout 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)
....the instant application and leave was granted for aforesaid considerÂation. 6. The learned Advocate appearing for petitioner submits that the execution case is barred by limitation in view of the provisions laid down in section 16(3) of the Family Court Ordinance 1985 (briefly as ordinance) and ......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 deciÂsion 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)
....irmation of sale durÂing 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 has resulted in serious miscarÂr......t is also well-settled that confirmation of sale durÂing 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)
....he 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 or pass such other or further order or order......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)
....of 11 charge sheeted witnesses, only 8 witnesses have been examined and the othÂers are police personnel; that there is no indeÂpendent witness in this case; that the trial Court did not follow the provisions of sections 367 and 342 of the Code of Criminal Procedure, that the prosecution has hopeÂ......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 subseÂquent 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
Md. Habibur Rahman Chowdhury Vs. State and anothÂer, 2010, 39 CLC (HCD)
....t the case was not filed within the statutory period of limitation as provided in section 141 (b) of the Negotiable Instruments Act. He next submits that the alleged cheques are not negotiable as per provisions of section 1A and 123 of the Act inasmuch as only negoÂtiable instruments are governed b......of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ..Category: Criminal Law | Date: | Hits: 138
Category: Labour and Industrial Law | Date: | Hits: 265
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
....int raised here is related to a fact. The decision on this law point is required only when it is proved that there was no Union Parishad and there was none to constitute Arbitration Council under the provisions of Muslim Family Laws Ordinance, 1961 on 20-4‑1988. As there is no evidence on this/poi......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)
....rmation, however, the goods were examined in the presence of the members of the different agencies and instead of spare parts recovered 751 pieces of gold bars in the pinion of spare parts. Under the provision of section 21 of the Customs Agents Licensing Rules, 1986 the responÂdents suspended the ......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 propÂer. 2. It is stated that the petitioner is a law abidÂing 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 disÂposal 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