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....o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
......the suit is barred under the provisions of the aforesaid sections as the dispute was referable to the Registrar of the Co‑operative Society. He has further contended that the suit is also barred in view of the provisions of Rule 23(3) of the Co‑operative Societies Rules, 1987, inasmuch as the de..
Category: Procedural Law | Date: | Hits: 124
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ......rt decreed the suit and on appeal the suit was dismissed by the appellate Court below by the impugned judgment. 5. Md. Shamsul Hoque, learned Advocate appearing for the petitioner, submits that in view of the fact that the plaintiff has filed the suit for declaration of title and that the defenda..Category: Property Law | Date: | Hits: 114
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....ed appellants have not been proved by reliable and satisfactory evidence and, therefore, we hold that the conclusion arrived at as to the guilt of the accused appellants by the learned trial Court is erroneous and hence cannot be sustained in law. 20. In the result, the appeals are allowed and th......at he had exclusive possession over that spot or that none else had access to that spot, cannot bring the accused within the ambit of the offence under section (f) of section 19 of the Arms Act. This view of ours gets support from the case of Arshadullah and Nurul Islam Vs. State reported in 21 DLR ..Category: Criminal Law | Date: | Hits: 74
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ...... the morning of 16-11-90 about the calling away of her husband from his house by the accused persons. 19. In this case admittedly there is land dispute between the parties for a long time. In this view of the matter, it was incumbent upon the prosecution to examine some independent witnesses for ..Category: Criminal Law | Date: | Hits: 85
....pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 160.......fore in section 5 of the Limitation Act means that the extension of time is a matter of concession to the discretion of the court. Considering all these legal positions we do not find any reason to review and set aside the discretion exercised though provisionally at the time of issuance of the Rule..
Category: Property Law | Date: | Hits: 84
Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)
....spose of the appeal within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ......sions. On the contrary the legal pleas taken by the learned Counsel for opposite parties prevails and appears to have a good deal of force. 9. In the light of discussions made above, I am of the view that the impugned judgment and order suffers from no legal infirmity which calls for no interfe..Category: Procedural Law | Date: | Hits: 108
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......any effective permission as per Rule 16(2) of the Anti-Corruption Commission Rule brought the case is more probable. 58. Under the facts and circumstances and discussion made above we are of the view that the prosecution failed to the charge beyond reasonable doubt against the accused-appella..Category: Criminal Law | Date: | Hits: 142
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433.......pondent Nos.1‑7 acted without lawful authority within the scope of Article 102 of the Constitution and their arbitrary action of treating the minority report of Dr. Maksud Helal to prevail over the view of the majority members, in total disregard of the rules and norms relating to decision by the ..Category: Others | Date: | Hits: 174
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
.... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......No.4 is a mala fide which is clear misuse of power and the same should be interfered with by this Court. 18. Considering the facts and circumstances of the case and the above discussions it is our view that the impugned seizure made by the respondent No.4 with mala fide intentions and the same sh..Category: Criminal Law | Date: | Hits: 94
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......ering from multifarious illness endangering life "at his advanced age of 58 years and he needs specialized, continuous and supervised treatment in a stress less condition". Accordingly, we are of the view that on the ground of serious illness endangering life the convict-appellant may be enlarged on..Category: Criminal Law | Date: | Hits: 125
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....halifa Shamsun Nahar appeared for opposite-party No.1 and Mr. Md. Hefzul Bari, learned Advocate appeared for opposite-party No.2. 7. Mr. SB Bhandari submits that the impugned judgment and order is erroneous. He submits that the petitioner along with three others preferred Miscellaneous Case No.......tioners, at this stage, we cannot brush aside. The petitioner along with three others filed an application on 4-5-2009 without delay and it was registered as Miscellaneous Case No.27 of 2009. In such view of the matter the petitioners cannot be held to be indolent. 22. It is our view that the exe..Category: Civil Law | Date: | Hits: 229
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......will also be similarly doubtful. He shows that P.W.7 village doctor Shambhu only stated that he gave first aid and advice for shifting the injured to hospital for better treatment. He submits that in view of first information report as well as in view of evidence of P.W.1 at the trial occurrence too..Category: Criminal Law | Date: | Hits: 103
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......ormation report lodged on 3‑9‑1999 is still under investigation and no police report has yet been submitted and, as such, it is not a judicial proceeding pending before a Court. Therefore, in our view, the same cannot be quashed under section 561A of the CrPC. It will be up to the Court to decid..Category: Criminal Law | Date: | Hits: 86
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279.......d circumstances of the case, there may be some ingredients of cheating as defined in section 415 of the Penal Code which is punishable under section 420 of the said Code; but from legalistic point of view, the proceedings of the case pending in the Court below are an abuse of the process of the Co..Category: Criminal Law | Date: | Hits: 120
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ...... in this regard Government may be the best judge or sole judge as the learned Assistant Attorney General argued, yet this Court can examine the question as to the existence of public interest. This view is supported by the Appellate Division in the case of Mofizur Rahman Khan Vs. Government of Ban..Category: Employment/Service Law | Date: | Hits: 157
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288.......isions) Ordinance, 1985 and gave its decision in favour of the Government on the basis of presumption. 9. Dr. Rafiqur Rahman, the learned Advocate appearing for the petitioners, submits that in view of the fact that the Government did not file any written objection or statement nor adduced any..Category: Property Law | Date: | Hits: 90
Commissioner of Taxes, Dhaka Vs. MA Hossain & Co., 1992, 21 CLC (HCD)
....cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282.......cted to file the appeal by the Commissioner of Taxes to whom the Appellate Joint Commissioner is bound to communicate its order On appeal. In this case it appears that the Appellate Tribunal took the view that as the order of the Appellate Joint Commissioner of Taxes was communicated to the Deputy C..Category: Procedural Law | Date: | Hits: 103
Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)
.... the court below are hereby affirmed. Order of stay passed by this Court earlier is vacated. Send down the LC records immediately. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 281. ......the landlord and the defendant was a tenant under them. It was found by the Court that in that money suit a decree was passed in favour of the plaintiffs. So, from the materials on record I am of the view that the plaintiffs have been able to establish the relationship with the defendant as landlord..Category: Property Law | Date: | Hits: 108
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....the property from the list of abandoned properties. 5. It is argued by Mr. MI. Farooqui, the learned Advocate for the petitioner that the judgment and order of the Court of Settlement is highly erroneous and stands in direct conflict with the provisions of law, and as such the same is not sust......ated 28.4.83/5.5.83 to be illegal and without jurisdiction. We declare this action of the respondent No.3 to be without any lawful authority. 11. In this connection it may be noted that similar view has been expressed in the case of Mukhtar Ahmed Vs. Government of Bangladesh and others reporte..Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......-62 and the possession of the said acquired land had already been taken by RAJUK and the plaintiff got a plot from the RAJUK as an affected person and also received compensation from the RAJUK and in view of acquisition of land by the RAJUK, the suit is liable to be dismissed. 4. The defendant No..Category: Procedural Law | Date: | Hits: 108
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