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State Vs. Abul Howlader, 1995, 24 CLC (HCD)
....rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......y and they used to quarrel off and on and Abul used to beat his wife Khodeja occasionally. After the birth of the child at Khodeja's father's house accused Abul went to the house of his father‑in‑law and wanted to take back his child and his wife. The informant and his wife refused the prayer of..Category: Criminal Law | Date: | Hits: 97
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ......te Judge and a Division Bench of this Court made absolute setting aside the interim order passed by the learned Subordinate Judge on the ground the there being no arbitration proceeding in the eye of law, the interim order of injunction issued by the learned Subordinate Judge suffered from infirmity..Category: Alternative Dispute Resolution | Date: | Hits: 304
Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)
....ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401.......s Sultan Ahmed and Hanif informed the petitioner at his house that his shop was set on fire and burnt to ashes. He started for the shop being accompanied by his son Bashir Ahmed, Bachu and brother-in-law Tazul Islam and on arrival there he found his son Faruk dead, being burnt by fire. He also found..Category: Procedural Law | Date: | Hits: 100
Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)
....granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......iled. 4. The defendants nos.1-8, 10-11 and defendant No.9, contested the suit by written statement denying material allegations made in the plaint and that the suit was not maintainable, barred by law of limitation. Principles of waiver, estoppels and acquiescence and stated that Abdul Jabbar was..Category: Procedural Law | Date: | Hits: 97
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......daughter of Kala Chand Basak a co-sharer having 5 annas interest in suit property and contesting Defendant having adduced no evidence contrary to that of Plaintiff, Courts below committed an error of law in failing to hold that Plaintiff is the daughter of Kala Chand Basak, and plaintiff as such, is..Category: Procedural Law | Date: | Hits: 108
....oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
......rpose of exhibiting films to cinemagoers. It got licence for exhibition under the provision of the Cinematograph Act, 1918 (Act No.11 of 1918). The licence having been accorded under the provision of law by the District Magistrate of the concerned district in the year 1983 the Cinema House continued..
Category: Fiscal/Taxation Law | Date: | Hits: 278
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......cy Act. So the reliefs claimed for declaration as stated above and also for redemption, giving colour of usufructuary mortgage to the transaction, is not legally available. 4. The only question of law involved is whether the transaction namely, transfer of the suit land on the basis of deeds of s..Category: Property Law | Date: | Hits: 117
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ......nds for proceeding against him the Court may discharge the accused or send the petition of complaint left undisposed of to the Court of the learned Sub-Divisional Magistrate for disposal according to law as provided under sub-section 2 (A) of section 202 Cr.P.C." 5. The next impugned order is dat..Category: Criminal Law | Date: | Hits: 110
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ......nts to show cause as to why the order of suspension dated 10.06.2004 as in Annexure-A and the notice dated 21.03.2005 to show cause as in Annexure 'B' should not be declared to have been made without lawful authority and be of no legal effect and why a declaration should not be made to the effect th..Category: Employment/Service Law | Date: | Hits: 165
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
.... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ......al, Shahidullah, Siddique, cousin Tayeb Ali, Ranju, Almas, Ishaque and Habibullah while indulged in gossiping at the inner Courtyard of the informants house, suddenly the accused persons forming an unlawful assembly being armed with deadly weapons such as gun, dao, chala, dagger, kirich, etc. surrou..Category: Criminal Law | Date: | Hits: 104
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
.... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ......the defendant Nos.1 to 4 inherited the property of Syed Abdul Ali and the defendant Nos.1 to 4 were living in this country when ,his deed of agreement was executed. He submits that abandoned property law came into force in February, 1972. But the defendant Nos.1 to 4 as the heirs of Syed Abdul Ali i..Category: Property Law | Date: | Hits: 157
Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ......thout due care and attention". In the instant case, the learned Sub-Divisional Magistrate in taking cognizance of the case under the Code of Criminal Procedure acted in complete ignorance of the law. The question of good faith has, therefore, no relevancy here and section 529 of the Code cann..Category: Criminal Law | Date: | Hits: 107
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
....d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......otindra and from Kalitara and those statements being necessary for the purpose of determining the real question in controversy between the parties, the learned Subordinate Judge committed an error of law resulting in an error in the decision occasioning failure of justice in rejecting the applicatio..Category: Procedural Law | Date: | Hits: 118
.... illegality in the impugned Judgment to interfere in the same.
In the result, the Rule is discharged without any order as to cost.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 314.
......g upon the respondents to show cause as to why Judgment and decision dated 4‑9‑95 passed by the respondent No.1 in Complaint Case No.19/1993 should not be declared to have been passed without any lawful authority and of no legal effect.
2. Learned Advocate for the petitioners after placing th..
Category: Labour and Industrial Law | Date: | Hits: 156
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568.......s Court in exercise of appellate power mandated in section 423 of The Code of Criminal Procedure (for short the Code) can hear and dispose of a Criminal Appeal on merit even in the absence of learned lawyers of parties and, as such, we, in the exercise of our appellate authority, heard the appeal in..Category: Family Law | Date: | Hits: 165
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......-emption is liable to be dismissed. 4. Mr. Abdus Salam Khan, learned Counsel, appearing for the petitioners submitted that the lower appellate Court as the last Court of fact committed no error of law in passing its judgment and rightly rejected the pre-emption case reversing and setting aside th..Category: Property Law | Date: | Hits: 88
M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)
....ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ...... have arisen from the judgment and order dated 13.7.2000 passed by the High Court Division in the aforesaid writ petition making the Rule absolute. Since both the appeals involve a common question of law upon similar facts between the common parties have been heard together and this common judgment ..Category: Employment/Service Law | Date: | Hits: 149
....t any illegality or infirmity in the decision of the High Court Division so as to call for interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 263.
......e present case the Inquiry Committee, while submitting their report, recommended for inflicting major penalty on the respondent which caused prejudice to the respondent, which can not be sustained in law………………………………………..(6)
Case Referred to-
Chairman, Bangladesh ..
Category: Labour and Industrial Law | Date: | Hits: 832
M. Tofazzal Ahmed Vs. Jashim Uddm Hayder Faruque, 2007, 36 CLC (AD)
....learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 261. ......by the petitioner. 4. Mr. Abdul Momen Chowdhury, learned Advocate, appearing for the petitioner submitted that the impugned judgment and order of the High Court Division is wrong, improper, bad in law and without considering the real facts and circumstances made the Rule absolute. The learned Adv..Category: Trust/Waqf Law | Date: | Hits: 117
Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)
.... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245.......ons made in the petition and asserting that he repaid the loan with interest accrued thereon and he was not a defaulter as alleged and contended further that election petition was not maintainable in law as the same was not filed within the time prescribed for by the Union Parishads (Election) Rules..Category: Election Law | Date: | Hits: 301
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