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Abdul Qayum Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....citizenship or he owned allegiance to any other country. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340.......citizenship or he owned allegiance to any other country. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340.......citizenship or he owned allegiance to any other country. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340...

Category: Immigration and Citizenship Law | Date: | Hits: 178

Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)

....trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ......trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ......ppeal was preferred to the District Judge and as such the learned District Judge committed an illegality in returning the Memorandum of Appeal by the impugned order on the ground of want of pecuniary jurisdiction. He further submits that neither in the Civil Courts (Amendment) Ordinance, 1983 nor in..

Category: Procedural Law | Date: | Hits: 102

Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)

.... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ......Act would override section 137 of the Code of Civil Procedure then the legislature would have provided a non-obstante expression or an overriding provision or a repealing provision in the Act. In the absence of a non-obstante expression or an overriding provision or a repealing provision in the Act ...... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ..

Category: Others | Date: | Hits: 226

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

..... I may unhesitatingly say that in Article 2 of the Order "permanent residence" is made one of the basic conditions for treating a person to be deemed to be a citizen of Bangladesh. The appellant has totally failed to show that the respondent has voluntarily renounced his original citizenship or is ......ngladesh, but to his utter surprise and dismay he found that his Industry, that is Fasons Metal Industry at 287/288, Biazid Bostami Industrial Area, Chittagong was taken over by the Government in his absence and the same was handed over to Sena Kalyan Sangstha, that is, defendant No.4-appellant and ......es belonging to the owner of the industrial/commercial concern inasmuch as in respect of the industrial concern itself the said principle is not applicable where the taking over or vesting is without jurisdiction or coram non judice or it is mala fide and in such circumstances such action is not pro..

Category: Property Law | Date: | Hits: 111

Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)

.... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 417

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......ons aided by circumstantial evidence. 37. The learned Advocates for the condemned prisoners as well as for the absconding convict have submitted that the prosecution case not only suffers from the absence of any direct evidence but the circumstantial evidence in the case are also quite insufficie...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 98

Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

....the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308....... shall consider as to whether this proposed amendment in the plaint by dropping the prayer and setting aside the decree in part so far as it relates to mandatory injunction as not maintainable in the absence of prayer for declaration of title as stated in the said petition can be considered and whet......the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308...

Category: Procedural Law | Date: | Hits: 113

Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)

....his nearest rival respondent No.2 got 18,515 votes; that in the disputed centre the petitioner was shown to get 81 votes and the respondent No.2 shown to have got 2007 votes which is about 90% of the total votes of that centre. 3. The respondent No.2 controverted the allegations made in the pe...... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ......2 was published in the Official Gazette on 25.4.1990. 4. Mr. Amirul Islam, learned Advocate for the petitioner, submitted that the Chief Election Commissioner acted illegally in the exercise of jurisdiction vested in it refusing to order repolling at the disputed centre on the ground of deleti..

Category: Election Law | Date: | Hits: 177

Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)

....the circumstances proved by the prosecution lead to the sole and certain inference of accused's guilt, whether they are consistent with the innocence of the accused and whether the inference from the totality of circumstances precludes all reasonable possibility of accused being innocent. 45. ......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ..

Category: Criminal Law | Date: | Hits: 95

Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....ll good conscience and democratic norms and it was done for collateral purpose in order to create hurdle in the way of the detenu in contesting the forthcoming parliamentary election. The grounds are totally non‑existent as the detenu is no more in power and there was no ground to detain the deten...... for the decision of the Court. The legislative has made only the subjective satisfaction of the authority minus the order essential for passing the order" AIR 1951 (SC) 157 (para 7) 31. In the absence of any clash between individual's right with that of the security of the State, the individu......rder. He also submitted that the past activities of the detenu and the situation prevalent at the relevant time cannot also be ignored. He had also cited various decisions of this Court and of Indian jurisdiction in support of his contention. 10. We, on principle, agree that in making the orde..

Category: Criminal Law | Date: | Hits: 113

Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)

....nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ..

Category: Criminal Law | Date: | Hits: 73

Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)

....Rafiqur Rahman, the learned Counsel, appearing on behalf of Sheerin Alam Chowdhury, firstly submits that the finding of the Family Court, that no cruelty has been committed by her husband is based on total non‑consideration and misreading of evidence. He has taken me through the Judgment of the Co...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ..

Category: Family Law | Date: | Hits: 265

Tahera Nargis Syed Vs. Shamsur Rahman, Deputy In­spector General of Prisons, Dhaka Central Jail, 1989, 18 CLC (HCD)

....e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple im­prisonment for three (3) days. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 508. ......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple im­prisonment for three (3) days. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 508. ......order. Taking the detenu to the jail gate and showing him to be released on paper does not absolve the jail au­thority from further responsibilities. The detenu must walk out of the jail authority's jurisdiction, or else his release is not complete. He can be made a detenu again only upon re-arrest..

Category: Criminal Law | Date: | Hits: 124

Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)

....er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......gh rejected the application under Order VII, rule 11 of the Code of Civil Procedure, passed the impugned order dated 30.6.85 returning the plaint to the plaintiff on the ground of want of territorial jurisdiction. 5. Being aggrieved by the order returning the plaint passed by the learned Munsif t..

Category: Property Law | Date: | Hits: 136

Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)

....hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ......aterials have been brought on record to show that the written notice regarding the passing of the award and signing thereof was given to the plaintiff and that it was actually received by him. In the absence of such allegation and evidence on record it cannot be said that a notice required under the......hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ..

Category: Procedural Law | Date: | Hits: 93

Mercantile Fire and Gen­eral Insurance Co. Ltd. Vs. Bata Shoe Company Pakistan Ltd., 1989, 18 CLC (HCD)

....to make good all the losses and settle up all claims if any with the appellant Insu­rance Company. The consignment duly arrived at Tongi and on survey on 8.5.63 it was found that 310 pieces out of a total of 375 pieces of wired glasses were damaged. The damaged glasses were a total loss and were un......sses were broken. At the time of taking delivery from the carri­er a clean receipt was given and the goods were dis­charged in good condition. Thus in the facts of the case, we do not find that the absence of the carrier is very material in the present case. Accordingly, we do not find any substan......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. ..

Category: Business or Commercial Law | Date: | Hits: 325

Syed Alim Mansur Vs. Registrar, Joint Stock Compa­nies, 1989, 18 CLC (HCD)

....y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this appli­cation. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ......y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this appli­cation. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ......y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this appli­cation. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ..

Category: Company Law | Date: | Hits: 191

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. ...... 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. ...... 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. ..

Category: Procedural Law | Date: | Hits: 82

Mahtabuddin Ahmed Vs. The Principal Secretary, President's Secretariat, Dhaka and Others, 1989, 18 CLC (HCD)

....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. ......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. ......competent to consider such applications i.e. the post of the CMLA had been abolished as a result of withdrawal of Martial Law from the country. 14. The petitioner then moved this Court in its writ jurisdiction with the following prayers:— "(I) A. That a Rule Nisi be issued upon the responden..

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: ......himself and some other of such persons is proved, the Court may take into consideration such confession as against such persons as well as against the person who makes such confession. 60. In the absence of any positive material to the contrary the presumption of correctness of recording the con......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: ..

Category: Criminal Law | Date: | Hits: 105