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Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for inforÂmation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for inforÂmation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89....... have been tried by juvenile Court. Trial of child along with adult is forbidden by law. So in view of the legal position the trial of the appellant being not held by juvenile Court is hit by want of jurisdiction and as such the trial stands viÂtiated. From this point of view also the conviction ca..Category: Criminal Law | Date: | Hits: 117
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
.... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ......lier contract, and on this point he relies on a decision reported in 22 DLR 146. The transferee in the present case is required to discharge his onus with regard to payment of money on good faith and absence of knowledge of the earlier contract, i.e. the Bainapatra. This has been left undeÂcided by...... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ..Category: Civil Law | Date: | Hits: 133
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
....dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ...... under an obligation to explain how his wife had met with her death and in the present case the appellant tried to explain that she committed suicide which was found to be a travesty of truth. In the absence of any satisfactory explanation and the explanation given found to be false, we are of the v......dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ..Category: Procedural Law | Date: | Hits: 118
.....
In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
......econd ground of attack by him is that even if the unit manufactures common bricks the Respondent No.1 cannot discontinue the gas conÂnection in utter violation of its contractual obligaÂtion and in absence of any statutory or other authoriÂty to do so and also violating the constitutional and sta......y function in connection with the affairs of the Republic. He has further argued that the Respondent No.1. is not a person and as such, no relief can be sought against the Respondent No.1 in the Writ jurisdiction of this court. Mr. Hasan Arif, the learned Deputy Attorney-General appearing for the St..
Category: Others | Date: | Hits: 227
Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
....e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ......e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ......e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ..Category: Property Law | Date: | Hits: 109
Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)
....peal find answer in the foregoing discussion. For these reasons, this Rule is made absoÂlute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ......peal find answer in the foregoing discussion. For these reasons, this Rule is made absoÂlute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ...... the records fixing 1.4.1989 for hearing. This order has given rise to the present Rule. 3. Mr. Salimul Hoque Khan Milky appearing for the petitioner submits that the learned District Judge had no jurisdiction to entertain the appeal from ah order passed by the Tribunal upon an application filed ..Category: Election Law | Date: | Hits: 194
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
....deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......382 B.S. and he is being corroÂborated by his witnesses at least by P.W.3. The learned Judge believed the testimonies of the pre-emptor-petitioner and his witnesses. The Court beÂlow is vested with jurisdiction to appreciate the eviÂdence on record and if he has arrived at a conclusion by accepti..Category: Property Law | Date: | Hits: 100
Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)
....as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21.......as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21.......Ordinance itself nor in the C.P.C. but the same has been defined in General Clauses Act, 1897 and according to General Clauses Act "District Judge" means "Judge of a principal Civil Court of original jurisdiction but shall not include the High Court Division in exercise of its ordinary and exÂtraor..Category: Election Law | Date: | Hits: 192
Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)
....le is discharged withÂout any order as to costs and the suit is restored to its file and number and the order impugned is afÂfirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ......le is discharged withÂout any order as to costs and the suit is restored to its file and number and the order impugned is afÂfirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ......said order and for restoring the suit was not maintainable and the learned Munsif in restoring the suit on setting aside the order of disÂmissal of the Miscellaneous Case No.47 of 1983 acted without jurisdiction and the order also suffers from an error of law occasioning failure of justice. An orde..Category: Criminal Law | Date: | Hits: 85
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....n filÂing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......t the Code of Criminal Procedure or the Limitation Act did not provide any specific periÂod of limitation as to the day from which limitation would be counted, in case of a trial in fact held in the absence of the accused. 7. In the instant case, it is an admitted fact that the trial was held in......n filÂing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ..Category: Procedural Law | Date: | Hits: 122
....ter by implication without any subÂstance.
There is no merit in this application. AccordingÂly, this application is rejected in limine.
Ed.
This Case is also Reported in: 42 DLR (1990) 13.
......ter by implication without any subÂstance.
There is no merit in this application. AccordingÂly, this application is rejected in limine.
Ed.
This Case is also Reported in: 42 DLR (1990) 13.
......t barred under Industrial Relations Ordinance, 1969 and by other general law or special law.
5. The learned Advocate for the applicants urges that section 10(2) of the aforesaid Ordinance bars the jurisdiction of the Civil Court in entertaining the plaint in the present case. He strenuously argue..
Category: Labour and Industrial Law | Date: | Hits: 178
Saidur Rahman Vs. State, 1992, 21 CLC (HCD)
....e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ......e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ......e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ..Category: Criminal Law | Date: | Hits: 98
Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)
....rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......ng officer after 180 days without obtaining any permission from the learned Sessions Judge and, as such, the proceedings of the said case pending before the learned Magistrate are illegal and without jurisdiction and liable to be quashed as such. 4. We may quote section 5A of the Criminal Law Ame..Category: Criminal Law | Date: | Hits: 97
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ......ts. The question is whether Labour Court can dismiss a case for default for non‑appearance of the complainant and thereafter vacate such order to decide the matter after hearing the parties. In the absence of any power under the provisions of Order 9 of the Code of Civil Procedure contention of th......ervice and praying for re‑instatement with back wages. The case was rejected by order dated 11‑4‑1984 as he failed to appear before the Labour Court. Labour Court not being a civil Court has no jurisdiction to set aside an order of dismissal for default under the provisions of Order 9 of the C..Category: Labour and Industrial Law | Date: | Hits: 177
Ahad Miah Vs. State, 1997, 26 CLC (HCD)
....etitioner, to file hajira by him and to sign the register. In the result, this application is allowed with the aforesaid observation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 200.......etitioner, to file hajira by him and to sign the register. In the result, this application is allowed with the aforesaid observation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 200.......etitioner, to file hajira by him and to sign the register. In the result, this application is allowed with the aforesaid observation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 200...Category: Criminal Law | Date: | Hits: 86
Gias Uddin Vs. Dhaka Municipal CorporaÂtion and others, 1996, 25 CLC (HCD)
....acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ......acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ......acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ..Category: Constitutional Law | Date: | Hits: 369
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189.......lly her husband is absconding or he already absconded. When from the house the fire‑arms and ammunition belonging to husband have been recovered, the police may take those in to their custody. Mere absence of the husband from the house at the time of search cannot be prima facie construed that the......tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189...Category: Criminal Law | Date: | Hits: 89
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ...... on Abed Ali Vs. State reported in 42 DLR (AD) (1990) 171 has argued for upholding the death penalty for Sayeed's murder considering that this case is of unusual brutality made notable further by the absence of any mitigatÂing or extenuating circumstances. He further advoÂcates, given the gruesome......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....ry steps to amend such inequality. It should also be remembered that all functionaries of the State owe its existence to the Constitution and bound by its commands. But the Government, as it appears, totally missed the point. The Government instead of remedying the situation rather itself acted disc......spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ......cted as Commissioner, whether in the general seat or in the reserved seat, there cannot be any discrimination between the said Commissioners in any manner. But the submits, the Government without any jurisdiction issued the impugned circular which is ultra‑vires of the Constitution as well as the ..Category: Constitutional Law | Date: | Hits: 443
Moktar Ali Bepari Vs. State, 1997, 26 CLC (HCD)
.... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ...... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ......423. (1) (a)………………. (b) in an appeal from a conviction, (1) reverse the finding and sentence, and acquit or discharge the accused, or order him to be retried by a court of competent jurisdiction subordinate to such Appellate Court or sent for trial, or (2) alter the finding maintai..Category: Criminal Law | Date: | Hits: 96
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