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Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)
....of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490.......88 by the petitioner for vacating the order passed on 23.11.1988 on the ground that in absence of a prior leave obtained by the opposite party to appear and defend the suit the order was erroneous in law. The learned Judge, however, heard the application for vacating the order on 14.12.88 but withou..Category: Procedural Law | Date: | Hits: 155
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......nt No.4 the Court of Settlement in Case No.34/87 (Ka‑89,‑Block‑F, Mohammadpur, Dhaka, Holding No.11A/8, Block ‘ F’ Mohammadpur, Dhaka) should not be declared to have been passed without any lawful authority and to be of no legal effect and why the respondents should not be directed to canc..Category: Property Law | Date: | Hits: 158
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
....ppeal is dismissed and the order of conviction and sentence passed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72.......nce namely, the presence of 5 or more persons as required to commit dacoity has not been mentioned in the charge so framed and as such the conviction of the accused appellants is not sustainable in law. To constitute an offence under section 391 of the Bangladesh Penal Code which defines dacoity..Category: Criminal Law | Date: | Hits: 142
Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)
....nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......ubmits that the trial Court after hearing the parties and the deposition and considering the Exhibits since found possession of the petitioner dismissed the suit which is very much in accordance with law against which the plaintiff-appellant-opposite parties have preferred appeal and the appellate C..Category: Property Law | Date: | Hits: 144
Category: Labour and Industrial Law | Date: | Hits: 233
Category: Property Law | Date: | Hits: 160
Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ......ports on behalf of the Government directing the petitioner to hand over his passport under Article 7 (2)(c) of the Bangladesh Passport Order, 1973 should not be declared to have been made without any lawful authority and to be of no legal effect. The said memorandum has been filed by the petitioner ..Category: Business or Commercial Law | Date: | Hits: 601
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
....llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ...... preparation of the paper book in the appeal was dispensed with. We heard this Misc. Appeal and fixed it for judgment on 6.7.92. But on that date it struck us as to whether the appeal is competent in law, the impugned order being passed by the Artha Rin Adalat. Then we again fixed this appeal for fu..Category: Civil Law | Date: | Hits: 169
Category: Fiscal/Taxation Law | Date: | Hits: 266
Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)
....r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the impugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ......decree upon exercise of its inherent power under section 151 C.P.C. if no case can be made out as required under Order 9, rule 13 thereof upon a reference to the reported decision it appears that the law is already well settled. It is not necessary to burden this judgment with all those decisions. T..Category: Procedural Law | Date: | Hits: 127
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......ce cannot be treated to be mitigating circumstance justifying lesser punishment and further if such delay is allowed to stand as mitigating circumstances it will amount to refusal to administer law as it stands and would perpetuate injustice. Leaned Deputy Attorney General further urged that..Category: Criminal Law | Date: | Hits: 134
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
....down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ...... and it may be written or it may be verbal or it may also be indicated by signs and gestures, in answer to questions, if the person making it is not in a position to speak. There is no requirement of law that a dying declaration should be recorded by a Magistrate as in the case of the confessional s..Category: Criminal Law | Date: | Hits: 111
Dr. Md. Shahjahan, Advocate Vs. Election Commission and others, 2011, 40 CLC (HCD)
....g infructuous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ......t Nos. 1, 6 and 7 to show cause as to why the nomination paper of the respondent No.7 accepted by the Respondent No.1 in Second Appeal in the grab of review should not be declared illegal and without lawful authority. 2. Before issuance of the Rule on 18-12-2008, a vacation Bench of this Division..Category: Election Law | Date: | Hits: 231
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......es were presented on 28-7-2005 to the concerned Bank but the same were dishonoured by the said bank due to insufficient fund. 5. It is further stated that on 2-8-2005 the complainant through its lawyer served a notice under section 138 of the Negotiable Instruments Act wherein they requested th..Category: Criminal Law | Date: | Hits: 103
Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)
....r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ......and decree is liable to be set-aside. Mr. Abul Kalam Chowdhury further submits that during the proceeding no registered process was sent to the address of the present appellant which is required by law to do. As such the impugned judgment and decree is liable to be set-aside. 6. Mr. Md. Waliur ..Category: Alternative Dispute Resolution | Date: | Hits: 227
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
....in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......Brahmanbaria for trial who framed charge against the accused persons. 6. At the trial, prosecution adduced witnesses and the case is fixed for argument on 18-10-2007. At this stage, the conducting lawyer for the accused persons have already become the Additional Public Prosecutor in Brahmanbaria ..Category: Procedural Law | Date: | Hits: 129
Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)
.... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519.......fering balance amount asked the plaintiff to execute and register the deed are perverse being contrary to the material evidence on record. The learned Advocate finally submits that the proposition of law is well settled that in case of sale of immoveable property time is not essence of the contract ..Category: Property Law | Date: | Hits: 105
Category: Company Law | Date: | Hits: 162
Manoo Meah Vs. Sultan Ahmed Khan, 1984, 13 CLC (HCD)
....out so as to attract the revisional jurisdiction of this Court. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 119.......vocate for the opposite parties, however, submits that the jurisdiction under section 115(1) C.P.C, as it read at the relevant time, can be exercised by this Court only on the ground of an error of law apparent on the face of the record in the decision. In the instant case the records show that th..Category: Procedural Law | Date: | Hits: 116
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109....... no substance and the petitioner cannot ask to quash a proceeding as a matter of right but only when the allegations made against an accused was absurd or perverse disclosing no offence in the eye of law. In the present case the FIR as submitted, disclosed an offence which if proved is punishable ..Category: Criminal Law | Date: | Hits: 117