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.... will be, however, entirely different if the authority concerned makes an order of detention under the Act and also prosecutes him in a criminal case on the self-same facts. This, in our view, is totally barred. The detaining authority cannot take recourse to two parallel and simultaneous proc......a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 345.
......a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 345.
..
Category: Criminal Law | Date: | Hits: 100
....n the case before us, the principles of law involved therein and the context in which the above observations of Asquith, L.J., in Wilkinsori Vs. Banking Corporation were quoted by their Lordships are totally different from those in the present case. Moreover, in Wilkinson Vs. Banking Corporation it ......assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
......e learned Advocate appearing for the petitioner, the Bangladesh House Building Finance Corporation, challenges the order passed by the Labour Court mainly on the ground that the Labour Court had no jurisdiction to entertain the application of the Respondent No.2 giving rise to the I.R.O. Case No.2..
Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
....ave been ordered for deciding the various issues. 25. Mr. Abdul Haque, the learned Counsel appearing for the landlord, on the other hand submits that the order of remand is bad in law causing a total failure of justice as it has complicated the suit unnecessarily, when the learned District J......f landlord succeeded in proving the bonafide requirement for the suit premises for his use and occupation as a drawing room; (d) Regarding subletting or otherwise the lower appellate Court in the absence of independent evidence, could not rely on the deposition of the tenant and defendant No.2 (....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ..Category: Property Law | Date: | Hits: 115
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ..Category: Business or Commercial Law | Date: | Hits: 397
....purpose. The purpose for which the Cooperative Society proposes to use the acquired land is the ultimate test for a decision as Id whether the acquisition is for a public purpose or not. There is a total lack of disclosure in the notice under Section 3 as to for what purpose the Co-operative Socie......eputy Commissioner under the said Ordinance. The notice under Section 3 also shows that it was not signed by the Deputy Commissioner. It was signed by the Land Acquisition Officer, Mymensingh. In the absence of any authorization we have no other alternative but to hold that the order under Section 3......shoregonj which was a sub-division was elevated to a District. A separate Land Acquisition Office started functioning from the very same date at Kishoregonj. Mymensingh Land Acquisition Office had no jurisdiction to proceed with the disputed property after 1.2.84. But the respondent No.3 got the fil..
Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)
....fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ......fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ......n as to whether the voters of some villages had already cast their votes and as to whether they will get a chance to vote for the second time is a question of fact and cannot be decided by us in this jurisdiction. 10. Mr. Habibul Islam Bhuiyan, learned Advocate for the petitioner, submits that th..Category: Election Law | Date: | Hits: 215
....to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 396.......to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 396.......to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 396...
Category: Property Law | Date: | Hits: 102
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......ith reference to Bengali calendar month and also being not issued terminating the tenancy with the expiry of Bengali month the said notice is not a valid notice in the eye of law and, as such, in the absence of valid notice, the plaintiff was not entitled to get a decree of ejectment as sought for b......t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ..Category: Property Law | Date: | Hits: 101
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......e years, but as the trail was held in absentia, the defense could not take any step to examine and prove his age. Nevertheless, he was a minor and his trial in a usual criminal court was held without jurisdiction. He also pointed out some other discrepancies in the evidence of prosecution witnesses ..Category: Criminal Law | Date: | Hits: 102
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......ence and use of a counterfeit note with knowledge or having reason to believe the same to be forged or counterfeit, is necessary. In the present case the appellant has been convicted and sentenced in absence of these essential ingredients on mere assumption of the learned trial Judge and therefore, ......in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111
.....90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
......s have bound both of them into a same class or category. Further, a Member may perform all the functions of the Chairman in his absence as an Acting Chairman of the Union Parishad. Moreover, in the absence of the Chairman or Acting Chairman, even a Member is entitled to preside over the meeting of......d: -
"We have also seen that sub-section (3) of section 9 is not concerned with the status of the Additional and Assistant Session Judges. It is concerned only with their appointment to exercise jurisdiction in Courts of Session. Hence an Assistant Sessions Judge deemed to have been appointed a..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
..... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311....... the Munsif." "10. (1) In the event of the death, resignation or removal of the District Judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at which his Court is held, the Additional Judge, or, if an Additional Judge ......py of the decree under section 44A (1) is to be filed in the District Court, Dhaka (i.e. Court of the District Judge, Dhaka) and that the Subordinate Judge & Commercial Court No.1, Dhaka had no jurisdiction to entertain the certified copy of the decree in question under section 44A (1) of the ..Category: Procedural Law | Date: | Hits: 168
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......the impugned order of compulsory retirement on the ground of violation of fundamental rights guaranteed under Article 27 and 29 of the Constitution the High Court Division ought to have exercised its jurisdiction under clause (1) of Article 102. It appears that no case of violation of any fundamenta..Category: Administrative Law | Date: | Hits: 421
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ...... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ......of section 32(1)(2) of the Anti-Corruption Commission Act for which the initiation of both the cases i.e. Motijheel Police Station Case No.77 and79 have been made without lawful authority and without jurisdiction and is of no legal effect. 8. Mr. Md. Khurshid Alam Khan and Mr. AKM Fazlul Hoque th..Category: Criminal Law | Date: | Hits: 89
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
.... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ...... Rule. 7. None appears on behalf of either of the parties when the revision is taken up for hearing. It is now well settled by our Appellate Division that a revision can be disposed of on merit in absence of any party or both the parties. If any authority is needed, I can cite the case of Safarud...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ..Category: Property Law | Date: | Hits: 103
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ......n the revision is taken up for hearing. It is now well settled by our Appellate Division vide the case of Safaruddin Vs. Fazlul Huq, 49 DLR (AD) 151 that a revision can be disposed of on merit in the absence of either party or both the parties. 12. Mr. Selim Reza Chowdhury learned Advocate appear......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ..Category: Procedural Law | Date: | Hits: 170
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
.... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533....... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533.......erested quarters. 13. Be that as it may, the question as to whether the petitioners and defendant No.5 appeared to contest the suit or no being disputed question of fact, cannot be decided in writ jurisdiction without taking evidence. Moreover, the petitioners filed this writ petition against an ..Category: Civil Law | Date: | Hits: 157
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......dering Prevention Act, 2009 was not included in the schedule to the Anti-Corruption, Commission Act, 2004 and, as such, the very initiation of the proceeding by the Commission was illegal and without jurisdiction. (5) That Money Laundering Prevention Act, 2009 cannot be treated as ex-post facto l..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....ittee further, found that in the Tabulation Sheet, the marks obtained by the examinee are English 33; Bangla 54 + 49 + 52= 155, Philosophy 35 + 51 + 39 = 125, Islamic Studies 60 + 66 + 41= 167 and in total 480. However, the mark sheet supplied by the petitioner shows that the marks obtained by the e......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ..Category: Others | Date: | Hits: 186
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ...... of the FIR when the investigation had just started the petitioner brought this writ petition which is also not tenable under law since no proceeding as such was pending before any competent Court of jurisdiction and for this reason interference by this Division at an initial stage of investigation ..Category: Criminal Law | Date: | Hits: 107
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