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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. ......stration No.36. As per law a 11 (eleven) members managing committee was framed. The term of the committee was expired on 17.12.2003. Before expiry of the period of said the committee the committee in question was framed as per law. That committee was duly approved. The plaintiff without getting any ......order, meaning thereby the committee is still functioning. If the order of injunction sustains that will invite a lot of problems with the smooth administration of the affairs of the school. From the facts and circumstances and discussions made above it is very much clear that the learned Joint Dist..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. ......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. ......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 prosecution miserably failed to prov..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. ......claiming possession and ownership in the case land and the learned Additional District Judge having found title and possession of the accused-petitioners in the case land, it is imperative that the question of possession is to be decided by the civil Court first, so that the accused is not preju......pending in the Court of Joint District Judge, 2nd Court, Cox's Bazar should not be set aside and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. The facts relevant for disposal of this rule briefly are that, on 16.04.2009 opposite party No.2 filed a..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. ......annexures including the cited decisions to the best of our ability. Now, to deal with the contentions raised by the learned Advocate before us it would be convenient for us to decide first of all the question of maintainability of the Revisional application against an interlocutory order passed by t...... Order No.103 dated 18.10.2009 passed by the learned Joint District Judge and Artha Rin Adalat, Narayanganj in Artha Rin Money Execution Case No.41 of 1999 should not be set-aside. 2. The material facts of the case as necessary for disposal of the Rule are that the opposite party No.1, Janata B..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. ......to have been joined either as plaintiff or as defendant and whose presence before the Court is necessary in order to enable the Court effectually and completely to adjudicate upon and settled all the questions involved in the suit, be added as party either a plaintiff or as defendant. 7. Be that ......aon in Title Appeal No.182 of 1991 (arising out of partition suit No.12 of 84) rejecting the application under Order 1 Rule 10 read with section 151 of the Code of Civil Procedure. 2. The material facts necessary for disposal of this Rule are that the present petitioners filed an application befo..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. ......- 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. ......on their behalf is that they are innocent and they have been falsely implicated in the case basing on confessional statement which was procured by torture and coercion. 10. On consideration of the facts and circumstances of the case and evidence on record, the learned Sessions Judge, Meherpur w..Category: Criminal Law | Date: | Hits: 106
Ejlash Mia Vs. State, 2010, 39 CLC (HCD)
....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. ......S.M. Abdur Rouf, the learned Advocate appearing for the petitioner submits "that the instant case is absolutely a case of no evidence against the accused-petitioner and the conviction and sentence in question against the accused-petitioner amounts to abuse of the process of the Court and that no arm......nd manner of occurrence during their cross-examination. 13. P.Ws.2, 4 and 6 who are the companion forces of the informant have also deposed corroborating the informant ( P.W.1 and 7) on material facts regarding time, place and manner of occurrence and recovery of the seized fire arms and ammu..Category: Criminal Law | Date: | Hits: 90
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. ......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. ......lication 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 that opposite party No.1 as plaintiff instituted Family Suit No.12 of 2000 in the Family C..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. ...... 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. ...... and against this rejection order the petitioner preferred a Miscellaneous Appeal before the learned District Judge and this was also dismissed on the ground of non-maintainability. Considering the facts and circumstances of the case we also do not find any substance in this Rule as the Artha Rin ..Category: Civil Law | Date: | Hits: 89
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
.... human rights of the indigenous people in their quest to contain the insurgency." 14. It is against the backdrop of such a "part-Civil part-military conflict" in the CHT that on 6 March 1989 three identical laws, namely Rangamati, Hill District Local Government Council Act 1989 (Act No.19of 1989)......h Writ Petition No.6451 of 2007. Judgment Syed Refaat Ahmed J.- These two Writ Petitions under Article 102 of the Constitution are premised upon the same and/or similar facts giving rise to questions and issues necessitating their disposal by one Judgment. In that view of the matter, both .......2669 of 2000. With Writ Petition No.6451 of 2007. Judgment Syed Refaat Ahmed J.- These two Writ Petitions under Article 102 of the Constitution are premised upon the same and/or similar facts giving rise to questions and issues necessitating their disposal by one Judgment. In that view..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. ......e facts alleged in the FIR do not constitute any offence. The only stand taken is that there is no evidence against the petitioner to sustain convict and sentence so awarded upon him. 13. The only question that survives for determination in this rule is whether the inherent power under section ......d special judge, special Tribunal Court No.6, Kishoregonj in Special Tribunal Case No.02 of 2002 convicting the petitioner Soharaf Uddin Sohrab to suffer rigorous imprisonment for 10 years. 2. The facts of the case are that, the informant S.I. of police Abdul Awal lodged and FIR before the office..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. ......the petitioner, however, obtained an interim order of stay of further proceeding of the Session Case No.697 of 2008 for 6 (six) months. The stay was subsequently extended from time to time. 4. The facts leading to the issuance of Rule, in brief, are: On 03.5.2007, one Mohammad Ali filed a peti..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.
......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.
...... 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, Shahera Khatun, filed the complaint Case No.450 of 1..
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. ...... 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/point of fact, 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, ......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. ..Category: Procedural Law | Date: | Hits: 105
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. ....... 7. In the case of Moulana Md. Yusuf Vs. The State reported in 18 BLD (AD) 227 = 3 BLC (AD) 171, the Appellate Division observed that the respondent Dr. Ahmed Sharif was certainly at liberty to question the authority of the Magistrate about taking of cognizance of the offences alleged; but bef......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. ..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. ......on and the plaintiff committed to pay the rent to the defendant No.3, father of the new purchasers. The defendant No.1 Raja Kha never executed any Bianapatra in favour of the plaintiff and as such no question of any demand of any enhanced price from the plaintiff arise at all and therefore the suit ......nir submitted that the appellate court wrongly held that the execution of a Bainapatra by the said Raja Kha in favour of the defendant No.3 on 01.01.1979 was more probable-to be believed on the facts and circumstances of the case, without noticing that if there any bianaparta executed on 01...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.
......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.
......n 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 of the impugned judgment and order.
2. The facts of the case of the petitioners as stated in the writ petition are, inter alia, that the respon..
Category: Labour and Industrial Law | Date: | Hits: 215
Md. Rajib alias Azad Khan Rajib Vs. State, 2011, 40 CLC (HCD)
....r if he misuses the privilege of bail in any manner whatsoever. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 230. ......r if he misuses the privilege of bail in any manner whatsoever. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 230. ......odel Police Station Case No.13 dated 11-12-2009 corresponding to G.R. No.507 of 2009 under sections 302/34 of the Penal Code pending in the Court of Chief Judicial Magistrate, Comilla. 2. Material facts are that on 11-12-2009 at 02.05 p.m. the informant Md. Zahurul Islam lodged a first informatio..Category: Criminal Law | Date: | Hits: 98
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ......ated 30.9.2009 directed the parties to maintain status quo in respect of possession. 8. The opposite party No.1 submitted an application on 15.10.2009 in Miscellaneous Case No. 17 of 2009 upon the question of maintainability of the application made under Order 21 Rule 90 of the Code of Civil Proc......to set aside the sale on the ground of a material irregularity or fraud in publishing or conducting it: Provided that no sale shall be set aside on the ground of irregularity or fraud unless upon the facts proved the Court is satisfied that the applicant has sustained substantial injury by reason of..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. ......ion No.3392 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 petitione...... 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 application unde..Category: Civil Law | Date: | Hits: 130
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