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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.......ith Section 5(2) of the Prevention of Corruption Act, 1947 pending in the Court of the Chief Judicial Magistrate, Rangpur (Annexure-A) should not be declared to have been initiated and issued without lawful authority and is of no legal effect. 2. The relevant facts, for disposal of this Rule, in ..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....... be denied by an interlocutory order of injunction which would be inequitable. Therefore, the Court below after appreciating the materials on record by rejecting the application committed no error of law. So, we failed to discover any merit in the submissions advanced by the learned Counsel for the ..Category: Civil Law | Date: | Hits: 111
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.......rents in the Tahsil Office and municipal taxes in the municipality which were accepted by the relevant offices without any objection. The learned Advocate also submitted that the trial Court erred in law in disbelieving the exhibits filed by the plaintiffs without any cogent reason though no objecti..Category: Property Law | Date: | Hits: 147
Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ......e the General Certificate Officer (Respondent No.1). Sylhet and the notice dated 29.2.88 issued by respondent No.1 in the aforesaid Certificate case should not be declared to have been passed without lawful authority and of no legal effect. 2. On the date of issue of the Rule i.e. on 11th July, 1..Category: Civil Law | Date: | Hits: 171
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. ......is Court and obtained the present Rule. 7. Mr. Hasan Foez Siddique, the learned AdvoÂcate appearing for the petitioners, firstly submits that the learned Subordinate Judge committed an erÂror of law resulting in a failure of justice in not holding that the Misc. Appeal No.11 of 1984 was not at ..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. ......Attorney-General therefore contends that framing of the charge and trial of the accused appellant under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 was fully justified in law. 8. Now, in order to appreciate the above submissions of the learned Advocates on this point,..Category: Criminal Law | Date: | Hits: 135
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......e in the suit land. No document or authentic paper is produced by plaintiff to show the relinquishment of their share by Girish Chandra and Sukmon in favour of Darika Nath. It is settled principle of law that relinquishment does not create any title in favour of the person in whose favour relinquish..Category: Property Law | Date: | Hits: 123
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.......ld that the detaining authority failed to furnish a rational nexus between the grounds and the passing of the detention order and hence the same must be declared as illegal and not in accordance with law. Other grounds as urged by the learned Advocate for the peÂtitioner are not necessary to deal i..Category: Criminal Law | Date: | Hits: 109
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. ......xt following that for which the rent was payable under the provision of section 18(5) of the Premise Rent Control Ordinance, 1986 and as such the learned Small Cause Court Judge committed an error of law in holding that the rent was payable in yearly instalment. 7. Mr. Dutta has further submit..Category: Tenancy Law | Date: | Hits: 214
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
.... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ......olice report which not only means charge sheet but also includes final report. Section 27(1) of the Special Powers Act lays down: "Notwithstanding anything contained in the Code or in any other law for the time being in force, a Special Tribunal may lake cognizance of the offence triable under..Category: Criminal Law | Date: | Hits: 103
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. ......Judge rejected the said applicaÂtion by the impugned order dated 25.8.85 on the ground that the Miscellaneous Case has been filed under a Special Law and the Title Suit was filed unÂder the general law. The case under special law, therefore, cannot be stayed till the disposal of the suit institute..Category: Civil Law | Date: | Hits: 119
Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)
..... The SesÂsions 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. ......sent case the Public Prosecutor who filed the application for revival had no authority or inÂstruction to file the application and as such the reviÂval order is illegal and not authorised under the law. 4. Mr. A.K.M. Shamsul Karim, the learned AsÂsistant Attorney-General appearing for the Stat..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. ......arned Advocate on a reference to section 5(2) of the Code argued that section 167 will also apply in the case of a Special Tribunal. Section 5(2) reads as follows:— "All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same prov..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. ......h Tarique, the learned Assistant Attorney General supported the judgment and order passed by the learned Tribunal and submits that in convicting the appellant the Tribunal did not commit any error of law or illegality. He further submits that the illegal possession and control of the arms by accused..Category: Criminal Law | Date: | Hits: 128
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. ......defendant's case, in short, is the denial of the averments made in the plaint and that the suit is not maintainable in the present form, the suit suffers from defect of parties, the suit is barred by law of limitation. The further case of the defendant is that the plaintiff was appointed on probatio..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. ......formance of an agreement in a case where parties are entitled to revoke or dissolve the agreement. Underlying reasoning is that it will be idle to pass a decree which can be undone by the other party lawfully. Clause (d) of section 21 of the Specific Relief Act states that a contract which in its na..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. ......llah does not approved that the marriage relationship that has been established between a man and a woman should ever broke. The Holy Prophet Mohammed (Peace be upon him) has said "Allah has not made lawful anything more hateful in His sight than Divorce" (Abu Daud) And: "Of all the things permitted..Category: Family Law | Date: | Hits: 202
Eliadah McCord Vs. State, 1995, 24 CLC (HCD)
....icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495.......(Prison), Dhaka Central Jail, Dhaka, to show cause as to why the detenu Eliadah McCord, now detained in Dhaka Central Jail, should not be brought before this Court to be dealt with in accordance with law and why her detention should not be declared illegal. 2. This appeal, namely, Criminal Appeal..Category: Criminal Law | Date: | Hits: 162
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ......, the evidence on record, the judgÂments and submits that the manner in which the High Court Division interferes with the judgment of the lower appellate Court is against the settled prinÂciples of law, inasmuch as, the lower appellate Court upon proper sifting of the evidence on record has held &..Category: Property Law | Date: | Hits: 138
Makbul Ali & others Vs. Manwara Begum & others, 1987, 16 CLC (HCD)
....o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181.......ce as it stood originally included a non-obstante clause as spelt out in section 3 of the said Ordinance which provided that the provision of the said Ordinance shall have effect not withstanding any law, custom or usage. But the said clause was omitted by Act 52 of 1974 for obvious reasons as in Mu..Category: Family Law | Date: | Hits: 193
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