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Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)
.... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ...... the repealed section 437 of the Code of Criminal Procedure, the repeal shall not affect any right, privilege, obligation or liability acquired, accrued or incurred under the enactment so repealed in view of the provisions of section 6 of the General Clauses Act, 1897. 4. The provisions of the re..Category: Criminal Law | Date: | Hits: 92
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
.... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ......cal College campus causing a threat to the academic atmosphere of the institution and the principal of the college is responsible for the administration and discipline in the college we are of the view that absence of any provision in the Act authorising the Principal of the college to take acti..Category: Others | Date: | Hits: 168
Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)
....tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ......from the Court as required under rule 2, Order 37 of the Code of Civil Procedure. 2. Hearing of the Rules was concluded on 12‑2‑96, but before the Judgment was signed, we considered it fit, in view of the importance of the legal implication involved, to hear both sides again and, at our reque..Category: Civil Law | Date: | Hits: 87
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......ined the present Rule. 3. Mr. Md. Khairul Alam, the learned Advocate, appearing for the petitioner, submits that the initiation and continuation of the instant criminal proceeding is bad in law in view of the fact that the Mithapukur Police after recording the FIR did not transmit the copy of the..Category: Anti-Corruption Laws | Date: | Hits: 142
SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)
....6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51.......ban areas for the first time was considered in the case of Ali Ahmed Vs. Rezia Begum reported in 1986 BLD 326 and a Division bench of this Division rejected the prayer for injunction on the following view: "In our view, the nature and character of a suit land in urban areas may be allowed to be c..Category: Civil Law | Date: | Hits: 111
....aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 49.
...... appellate forum this writ petition is not maintainable. Without initiating any proceeding or even without issuing any notice the action impugned against was taken by the respondent No.1 which in our view is certainly in violation of principle of natural justice and also flouts the provision of Arti..
Category: Business or Commercial Law | Date: | Hits: 656
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37.......েন।” 24. The aforestated statements simply proves that mother Nibedita Roy Chowdhury transferred the property as a natural guardian of the benefit of her minor son. As such, we are of the view that the findings of the trial Court in this regard are contrary to the law and also perverse f..Category: Property Law | Date: | Hits: 147
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ...... an application before the learned Munsif, Kumarkhali presumably under Order 7, rule 11 of the C.P.C. for rejection of the plaint of the suit mainly on the ground that it is barred by res judicata in view of the pendency of the Misc. Case No.41 of 1980 for setting aside the ex parte decree and also ..Category: Procedural Law | Date: | Hits: 174
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......rder dated 25‑7‑1991. 3. The prosecution case as stated on the basis of the First Information Report lodged by Officer-in-Charge Bamna Police station within the District of Barguna is, that in view of an information given by the accused Abdus Sukur Miah an UD Case No.1/1989 was started on the..Category: Criminal Law | Date: | Hits: 135
Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153.......n prejudicial activity of a detenu and the detention order made because of that activity is ex facie long, the detaining authority should explain the delay in the making of the detention order with a view to show that there was proximity between the prejudicial activity and the detention order. If..Category: Criminal Law | Date: | Hits: 109
Abdus Satter Bhuiya Vs. Deputy Commissioner Dhaka & Others, 1988, 17 CLC (HCD)
....nd there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summarily. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ......ate appearing on behalf of the petitioner concedes that this Abdul Khaleque, Inspector, District Anti-Corruption Bureau is fully competent to pass such an order. In such circumstances we are of the view that the order dated 21.4.86 has rightly been passed by opposite party No.4 Abdul Khaleque and ..Category: Procedural Law | Date: | Hits: 118
Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
....ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is decreed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ......ioner Mr. Abdul Quayum, the learned Advocate appearing for the opposite parties, has submitted by making reference to the case of Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 40 DLR (AD) that in view of the pleadings and evidence on record the present case is an example of waiver and acquiescen..Category: Tenancy Law | Date: | Hits: 214
Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ......ceedings were the same. So the trial Court rightly stayed further proceedings of the subsequent Title Suit till the disposal of the earlier Miscellaneous Case under P.O. No.129 of 1972. 10. In our view the true import of the aforecited decision of the Appellate Division and the provisions of ..Category: Civil Law | Date: | Hits: 119
Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)
..... The Sessions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ......ic Prosecutor occupies a solemn position and he is to aid the Court in discovering the truth and also in the discharge of his duly to justice as between the Government and the accused and in that view, when the application is filed for such revival, we cannot enquire into the matter as to what w..Category: Procedural Law | Date: | Hits: 143
Taslima Begum @ Anguri and another Vs. State, 1989, 18 CLC (HCD)
....elated to cases, of taking cognizance by a Magistrate are not relevant for our purpose. Thus the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 136. ......ore the Metropolitan Magistrate on an application by the Investigating Officer time was also extended for 90 days by the Sessions Judge as per sub-section (6) of section 167 of the Cr.P.C. 4. In view of the submission of the learned Advocate that the instant proceeding is wholly without juris..Category: Criminal Law | Date: | Hits: 84
Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)
....istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ......ates a doubt as to the position of the arms, whether it was in order. To convict a person under section 19A and 19(f) of the Arms Act, the alleged arms must be a fire-arms and workable one. 29. In view of the above discussion we are of the view that possibility of concoction and manipulation in t..Category: Criminal Law | Date: | Hits: 128
Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
....of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ......nder the rules, applicable laws and the constitution to accept the recommendation, given by the competent authorities who were best placed to decide the matter from technical and requirement point of view and, as such, her acceptance of the recommendations was in good faith and bona fide exercise of..Category: Criminal Law | Date: | Hits: 106
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ......all aspects, and also considering the greater interest, smooth and congenial atmosphere in the school, adopted the resolution dated 24‑6‑86 and the plaintiff was relieved from the charge; that in view of the above facts and circumstances, the plaintiff is not entitled to any relief as prayed for..Category: Employment/Service Law | Date: | Hits: 166
Dainik Janakantha Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity, 1997, 26 CLC (HCD)
....e impugned order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.118 of 1996 is set aside Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 470. ...... order having been passed ex parte in hot haste on the date immediately after filing of the plaint, the learned Subordinate Judge naturally failed to consider the matter in its proper perspective. In view of our discussion as above we find that the learned Subordinate Judge committed error of law in..Category: Civil Law | Date: | Hits: 169
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ......nd in which case the custody belongs to the father." 39. So the mother is the custodian of the minor son till he has completed the age of seven years. Considering the above section of law it is my view that the maintenance of the child must be paid by the defendant from 10-5-1992 to 6-10-1995. Bu..Category: Family Law | Date: | Hits: 202
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