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Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....judgment and order be transmitted to the Secretary, Ministry of Home AfÂfairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......judgment and order be transmitted to the Secretary, Ministry of Home AfÂfairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......judgment and order be transmitted to the Secretary, Ministry of Home AfÂfairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ..Category: Criminal Law | Date: | Hits: 107
Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)
....f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ......f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ......f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ..Category: Procedural Law | Date: | Hits: 112
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
.... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ......erefore if a case does not come under Order XLI rule 23 and 25 but the Court thinks that the case should be remanded for ends of justice, it can remand it in the exercise of its inherent power in the absence of any provisions in the Code. 10. In view of the discussions and the decision referred ...... Jurisdiction and as such the Judgment and decree passed by the trial Court is a nullity. He submits that when this is the finding it should go back to the trial Court for referring to a Court having jurisdiction to try this case. I find substance in his submission. 8. Mr. A Baset Majumder, the l..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161....... originally belonged to one Abdul Jalil, during the war of liberation the said owner along with his family members took shelter in the Murapara camp under Dhaka district and taking advantage of their absence some miscreants took possession of the suit property illegally and got it declared as an aba...... instituted the title suit of against the petitioner for a declaration that the treating the suit property as abandoned one and granting lease of the same by the petitioner are illegal, void, without jurisdiction, inoperative and of no legal effect and, as such, the action of the petitioner taken in..Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ..Category: Criminal Law | Date: | Hits: 99
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....dge fell into error in splitting up the confessional statement and used that part only which favoured the prosecution in order to fill up the lacuna. We have already observed that the prosecution has totally failed to bring the prosecution can home at all to prove that the accused Lokman Miah caused......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ..Category: Criminal Law | Date: | Hits: 73
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
....of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......ing provision for revival of the case by any authority higher than the Sessions Judge or Special Tribunal. So it appears to us that order dated 22.1.91 passed by the learned Sessions Judge is without jurisdiction as no such power was vested in him under the now repealed provisions of section 167 of ..Category: Criminal Law | Date: | Hits: 82
Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)
.... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146....... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146.......of the case by that Court. So the provisions of the said section 8(a) had no manner of application in the facts and circumstances of the case and the learned Special Judge acted illegally and without jurisdiction in passing the order dated 4.11.89 stopping the proceedings of the case under the provi..Category: Procedural Law | Date: | Hits: 99
.... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
...... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
......e Chief Justice for constitution of a larger Bench on the ground that the matter having been sent for hearing and disposal by the Hon'ble Chief‑Justice to this Bench having the constitution and the jurisdiction and as such is competent enough to hear and dispose of the writ petition. Both the lear..
Category: Procedural Law | Date: | Hits: 136
Sultan Ahmed alias Sentu Vs. State, 1994, 23 CLC (HCD)
.... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143....... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143.......accused petitioner along with others under sections 302/34 of the Penal Code. 7. The learned Advocate appearing for the petitioner has urged this Rule on two grounds namely, that the police had no jurisdiction to submit a supplementary charge‑sheet after original charge‑sheet was accepted by ..Category: Criminal Law | Date: | Hits: 92
Syed Nazakat Hossain alias Ujjal Vs. State, 1995, 24 CLC (HCD)
....acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ......acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ......acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ..Category: Criminal Law | Date: | Hits: 88
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
...., the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141......., the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141........ Under section 151 CPC as I see the Court can assume enough power to do justice in the circumstances of the instant case. So there is no scope to say that the Court became Functus officio and had no jurisdiction. Mr. Faruque Ahmed fail to supply any decision in his favour. I want to quote the decis..Category: Procedural Law | Date: | Hits: 124
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......n 23.7.85 by deed 2524 Baser Pramanik (opposite party 1) and Alauddin (opposite party 2) jointly purchased 0.01 acres land (each purchased 0.0 ½ acres) from one Habibur Rahman which falls within the jurisdiction of Belkuchi Sub‑Registry Office which is different from the Sub‑Registry Office whe..Category: Property Law | Date: | Hits: 89
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....ot according to the dictates of his own conscience but at the order of the leader of the party. It has made a member of the Parliament thereby the parliament itself into a rubber stamp and there is a total denial of free exercise of franchise. It is the further contention of the learned counsel that......t as in England there is no such law as in Art. 70(2) of our Constitution but if a member had to resign from the party he would have very little chance of being re elected in the next election in the absence of a Political party to support him (Ref. Constitutional Law in England, Wade & Philips)...... the Presidential Election by an Election Petition which is the only process of challenging the election, conducted under a law made by the Parliament in pursuance of Article 48, came before the writ jurisdiction when he had other remedy before the Tribunal to challenge the election which they have ..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ...... of Enemy Property by this time intimated him about stay of further proceedings of the said Miscellaneous case by a letter dated 23.11.68 and as such he could not pay rents of the suit holding in the absence of the heirs of late Bhabani Prassad Saha; that he paid Tk. 2,272.55 paisa as Municipal tax,......urn the plaint in a suit involving any question of title, is the discretion of the court concerned under section 23 of the Small Cause Courts Act. The SCC Judge is perfectly within his competence and jurisdiction to incidentally go into the question of title involved in the suit and decide he same. ..Category: Civil Law | Date: | Hits: 140
Mahbubur Rahman Vs. State, 1992, 21 CLC (HCD)
....lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ......lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ......not even ask them to change their opinion merely because he does not agree with them." 5. Mr. AKM Zahirul Huq, the learned Advocate for the State, concedes that the learned Special Judge had no jurisdiction to direct the police to submit supplementary charge‑sheet against the petitioner in t..Category: Criminal Law | Date: | Hits: 78
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
....t, 1989 the petitioner No.2 made a representation before the respondent No.5, the Registrar of Trade Unions, for cancellation of the registration of the Union, respondent No.5 alleging the 30% of the total number of workers employed in the Bank, which is required for registration of a Union, did not...... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......tion and them upon initiation of Criminal Case No.10 of 1990 on the basis of Annexure‑M and issuance of the summons contained in Annexures‑L and L(1) should not be declared to be illegal, without jurisdiction and without lawful authority and are of no legal effect and why the said proceeding sho..Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
.... Nos. 49, 49A, 49B and 49C to four different groups amongst the 13 applicants. Plot No.49 measuring an area of 12 kathas of land was allotted to Md. Shahinur Islam, Md. Sadeque and Akhtara Begum at a total price of Tk. 23,22,600.00 which they deposited on 18.9.89. Possession of the land was delivere......cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......tion under section 561A CrPC to quash false and vexatious cases, if it so appears on the very face of it. No hard and fast rule has been made as to what case is frivolous and vexatious to attract the jurisdiction of the High Court under section 561A CrPC. Each case will depend upon its own facts and..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....asis on the fact that the real intention of the party was to transfer one bigha of land and not in excess of that quantity of land but by the decision of the court below defendant-petitioner has been totally deprived of even one bigha of land and therefore the facts of the case warrants application ......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519.......site party and that she was not given any independent advice in the matter. This concurrent finding of fact by the courts below on the question of fraud cannot be disturbed by exercising a revisional jurisdiction. It is further urged by the learned counsel that fraud has vitiated the solemn proceedÂ..Category: Property Law | Date: | Hits: 134
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......o the Addl. Sessions Judge, 4th Court, Dhaka for disposal and the learned Additional Sessions Judge, 4th Court, Dhaka by order dated 11.4.88 rejected the applicaÂtion, on humanitarian ground. In his absence on 26.11.87 the learned Chief Metropolitan Magistrate, Dhaka cancelled the bail and issued w......te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516...Category: Family Law | Date: | Hits: 255
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