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....ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
......t submits that the legal questions raised by the learned Advocate for the appellants are not at all relevant for the purpose of this case.
7. He further submits that on proper consideration of law and fact the trial Judge has passed the judgment in this case and as such the same need not be i..
Category: Business or Commercial Law | Date: | Hits: 325
Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)
.... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ......he Government in the year 1973-74 as the same were vested in Government under P.O.72/72 and P.O. 137/72 and all suits and legal proceedings relating to title are barred under the said provisions of law. The withdrawing plaintiffs thought that the prosecution of the title suit would incur unneces..Category: Procedural Law | Date: | Hits: 82
....ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
......f this Proclamation, make, by order, such provisions as he deems necessary or expedient and every such order shall have effect notwithstanding anything contained in the Constitution or in any other law for the time being in force."
11. It is conceded by the learned Advocate for the petitioner a..
Category: Employment/Service Law | Date: | Hits: 209
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......hter Hossain, but due to maladjustment Akhter Hossain and his wife Julie left Sirajul Islam’s house and went to Julie’s father’s house. Akhter Hossain and Julie lived there (Aktar’s father-in-law’s house) till the later part of July-2005 A.D. In the meantime, Sirajul Islam to meet his prob..Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
....ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ...... the case……………………..(17) Before passing an order of remand the learned Judge decide the question rose in appeal on the basis of evidence on record in accordance with law. The appellate Court below is competent enough to examine any witness or to take any evidence as..Category: Procedural Law | Date: | Hits: 113
Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)
....nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ......er dated 4‑10‑95 impliedly dismissing the Miscellaneous Case for non‑payment of costs being an appellate order under Order XLIII and rule 1 (c) of the Code, the learned Assistant Judge erred in law in passing the impugned order dated 9‑10‑95, resulting in failure of justice. 6. No one a..Category: Procedural Law | Date: | Hits: 94
Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others, 2001, 30 CLC (HCD)
....t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ......sions Judge respondent No.5 acted illegally in according permission and, as such, the impugned memos directing the petitioner to remain present for search of her lockers are mala fide and without any lawful authority......................................(10) Cases Referred to- Arab Bangladesh..Category: Criminal Law | Date: | Hits: 305
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
.... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......us the allegation brought against the accused petitioner is purely civil in nature for realization of money and, as such, the instant Criminal Proceeding is an abuse of the process of the Court and law and the same is liable to be quashed for ends of justice. 9. Mrs. Sakila Rowshan, the learned..Category: Criminal Law | Date: | Hits: 94
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......it Petition No.1151 of 2011. Judgment Md. Ashfaqul Islam J.- These Writ petitions are taken up together for hearing and disposed of by a single judgment as there involved a common question of law and fact. 2. In all the petitions, notice under section 93 of the Income Tax Ordinance, 1984 ..Category: Fiscal/Taxation Law | Date: | Hits: 167
AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)
....he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455.......dent No.1 suspending the petitioner from the post of Sanchaya Officer under Rule 11 (1) of the Government Servants (Discipline and Appeal) Rules, 1985 should not be declared to have been made without lawful authority and of no legal effect. 2. Facts necessary to dispose of this Rule, in brief, is..Category: Employment/Service Law | Date: | Hits: 147
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......yer was not for issuing any Rule calling upon respondent No.1 to show cause, why the censorship certificate issued for screening the film 'Hason Raja' should not be declared to have been done without lawful authority and to be of no legal effect. Instead the prayer was couched in the following langu..Category: Civil Law | Date: | Hits: 210
Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
....Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ......ossession under section 9 of the Specific Relief Act, notwithstanding any other title that may be set up in such a suit, the person dispossessed without the consent or otherwise than in due course of law, can claim for recovery of the possession. 11. It appears in the present case that the claim ..Category: Property Law | Date: | Hits: 121
Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)
.... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ......Case No.75 of 2004 detaining the petitioner in Civil Prison for a period of six months and issuing warrant of arrest (Annexure-D to the writ petition) should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that the resp..Category: Civil Law | Date: | Hits: 140
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......da Chowdhury……………………..Accused-Petitioner Vs. State……………………Opposite Parties Judgment March 24, 2010. Result: The rule is made absolute. A Court of law cannot proceed judicially on a bare statement made by such police officer to the effect that a p..Category: Criminal Law | Date: | Hits: 137
Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)
....e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ...... obtained the present Rule. 6. Mr. Ibrahim Mollah, the learned Advocate for the petitioners submitted that the Courts below erroneously passed their Judgments in clear violation of Hindu Mitakhara law, which should be set aside to ensure justice. In course of his argument the learned Advocate for..Category: Property Law | Date: | Hits: 83
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ......fendant No.1 informed the plaintiffs that he would not execute sale deed if another Taka 20,000 were not paid to defendant No.1; that the plaintiff sent a legal notice to defendant No.1 through their lawyer on 16-3-1993 but no response was made; that finding no other alternative the plaintiffs filed..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......cate - For the added respondent No. 9. (In Writ Petition No. 9748 of 2010) Writ Petition No.9748 of 2010 with Writ Petition No.601 of 2011. Judgment Farah Mahbub J.- Since common question of law and facts are involved in both the Writ Petitions as such those have been heard together and are..Category: Election Law | Date: | Hits: 217
Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
....he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ...... about absconding accused by the lower court. Case record was then sent to Court of Sessions Chandpur. It was registered as S/C 8/89. 6. One Mr. Tousar Rahman, Advocate was appointed State defence lawyer for all absconding accused. Charge under section 302 Penal Code was framed against accused Ab..Category: Criminal Law | Date: | Hits: 97
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....r to the case land and she was a necessary party to the case party. Without losing any time the pre‑emptor‑petitioners promptly filed an application for making Bhaduri Bibi a party to the case by amending the pre‑emption petition, accordingly. This prayer for amendment of the pleadings by way ...... to the proceeding by way of amendment of the petition will not in any way prejudice the opposite parties by putting any impediment in their defence and, as such, the learned Assistant Judge erred in law in rejecting the petitioner’s application for amendment of the pleadings by way of addition of..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......ge of the Supreme Court of Bangladesh and now holding the office of a Judge of the Appellate Division of the Supreme Court. The matter is of great public importance involving substantial questions of law as to the interpretation of the Constitution. The learned Additional Attorney-General having alr..Category: Constitutional Law | Date: | Hits: 353
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