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....order to interfere with the same.
In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated.
Ed.
This Case is also Reported in:49 DLR (HD) (1997) 217.
......hy the impugned notification No. Spe. Sa:(Ain)‑32/95/205 dated 4‑11‑96 published in Bangladesh Gazette on 20‑11‑96 (Annexure‑E) should not be declared to have been made and issued without lawful authority and of no legal effect.
2. Facts giving rise to the Rule are that, petitioner wa..
Category: Civil Law | Date: | Hits: 185
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
.... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ......tioners as opposite party Nos.1-3 contested the said case by filing written objection stating inter-alia that the case is not maintainable in the present form and manner as alleged and also barred by law of limitation and bad for defect of parties etc. and also stating that Syed Ahsan Ali inherited ..Category: Property Law | Date: | Hits: 138
Chandra Banu wife of Lalu Mallick Vs. State and another, 1982, 11 CLC (HCD)
....Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ...... withdrawal,- (a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences." 3. Apart from the other requirements under the relevant law, the first essential prerequisite of an action under the aforesaid section is an application b..Category: Criminal Law | Date: | Hits: 94
Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)
....e and the respective proceedings quashed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ...... Magistrate, 1st Class, Sadar, Sylhet and Criminal Revision No.202 of 1980 arises out of C.R. Case No.1830 of 1979 of the Court of Sub-Divisional Magistrate, Sadar, Sylhet. Since a common question of law has been heard together they will be disposed of by this Judgment. We have heard the learned Adv..Category: Criminal Law | Date: | Hits: 87
Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
..... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ......ved this Court and has obtained the instant Rule. 8. Mr. Md. Khurshid Alam Khan, the learned Advocate on appearing for the Petitioner submitted that both the Courts below has committed an error of law resulting in an error in the decision occasioning a failure of justice on misreading Ext. Ka and..Category: Family Law | Date: | Hits: 224
....ing police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 425.
......rtha Rin Execution Case No.1 of 2003, rejecting an application under Order XXI Rule 98 of the Code of Civil Procedure read with Section 57 of the Artha Rin Adalat Ain, 2003, praying for deployment of law enforcing agency for handing over the possession of the suit property in favour of the decree-ho..
Category: Civil Law | Date: | Hits: 208
Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)
....f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ......ing over possession through Court but the same has been done in advertently by the trial Court. Whenever the decree for execution was pending before him, he was empowered to execute the decree as per law, for handing over possession in the suit land. The view finds support from the case law reported..Category: Procedural Law | Date: | Hits: 253
....ranted by this Court dated 23.11.2004 is hereby vacated.
13. The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 418.
......e President of the Managing Committee, she used to do whatever she liked. She being a teacher of the school appeared at the H.S.C. Examination as a regular student and that was not in accordance with law. She is still prosecuting with her studies in B.A class as a regular student. Under the circumst..
Category: Civil Law | Date: | Hits: 104
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
.... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ......warrants an inference of the relinquishment of such right, or when one dispenses with the performance of something he is entitled to exact or when one in possession of any right, whether conferred by law or by contract, with full knowledge of the material facts, does or forbears to do something the ..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ......judgment and order passed by the District Delegate. 4. As such, the applicant of the probate case has preferred this appeal mainly on the ground that the learned courts below committed an error of law in holding that without having the original 'Will', no probate can be granted. It has not been c..Category: Property Law | Date: | Hits: 113
....him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 62.
......ontending, inter alia, that the petitioner was supplied with a copy of the report of the Inquiry Committee and the dismissal order dated 5-6-1996 was passed after observing all the formalities of the law for the purpose. The respondents having no Service Rules of their own they usually follow and ap..
Category: Employment/Service Law | Date: | Hits: 205
Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)
....r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ......der before the learned Joint District Judge referred to paragraph 8 of the said application where the petitioner placed before the Court as "according to mandatory provisions and settled principle of law related to Section 44A(1) of the Code of Civil Procedure, the judgment and decree of Abu Dhabi C..Category: Civil Law | Date: | Hits: 168
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
....d and pronounced award in favour of the respondent No.1 contractor for an amount of Taka 12,69,324.00 on 5 counts as claimed by the respondent No.1 contractor. 4. It appears from record that after amending the award dated 27‑4‑1993 the arbitrator did not send this award to the relevant Court ......egal and without jurisdiction. The learned Advocate further submits that the arbitrator did not at all give any proper hearing to the appellant's side nor did he hold the proceeding properly and lawfully nor consider the legal evidence and the arbitrator misconducted the arbitration proceeding ..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abdul Latif Vs. Md. Sheesh, 1982, 11 CLC (HCD)
....The valuation matter is decided in favour of the plaintiff and the learned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ......plaint. The suit came up for hearing in the trial Court regarding the valuation matter. The learned Munsif held that until and unless the sale-deed in question is set aside by a competent Court of law the said deed has got some bearing as to the ownership of the suit property which is capable of ..Category: Civil Law | Date: | Hits: 123
Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)
..... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ...... the petitioner has submitted that the alleged offence committed in 1974 could not have been in connection with the struggle for national liberation of Bangladesh or for maintenance or restoration of law and order and as such it did not come within the purview of section 2 of the Bangladesh National..Category: Criminal Law | Date: | Hits: 145
Abul Hosain Sikdar Vs. State, 1982, 11 CLC (HCD)
....nd forthwith. The rule is, accordingly, made absolute. Send down the records at once, Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 201. ......gation and re investigation were done without any order from the Magistrate but the same was sent to the Magistrate who apparently quite oblivious of the provisions of law took cognizance of the case and summoned the accused. We have, therefore, no hesi..Category: Criminal Law | Date: | Hits: 115
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
....nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ......uld not be believed against the appellant without any independent corroboration so according to him the learned Judge of the trial Court failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice..Category: Criminal Law | Date: | Hits: 142
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ...... the defendant were going to sell the suit land to others; that the plaintiff then lodged a GD entry No.1450 on 19.03.1998 at Tajoan Police Station; that the plaintiff served a legal notice through a lawyer to the defendant Nos.1 to 3 requesting them to execute and register a sale deed in favour of ..Category: Civil Law | Date: | Hits: 102
....et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
......dinance, 1982 as well as the Rules framed under the Drugs Control Act, 1940 can co‑exist and the petitioner as the users and manufacturers of homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act.
6. Out of 7 res..
Category: Others | Date: | Hits: 341
Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)
....d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ......im Khorshed Ali. The head of the victim was broken and he fell on the ground and the other accused persons indiscriminately physically assaulted the victim, the informant, her daughter and her son-in-law. As the witnesses rushed to the scene, the accused persons ran away. The witnesses then took the..Category: Criminal Law | Date: | Hits: 116
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