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

Category: Procedural Law | Date: | Hits: 94

Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corrup­tion Officer & others, 2001, 30 CLC (HCD)

.... the complaint against the petitioner was, what the reference case number if any, etc. for which investigation and the examination of the lockers were required it is also stated that the said Memo is totally silent about any allegation against the petitioner. There was absolutely no allegation again......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. ......he limits of the police station of which he is in charge or to which he is attached and when such thing cannot, in his opinion, be otherwise obtained without undue delay it is further stated that the jurisdiction of the Sessions Judge to give prior permission in writing of such a search is limited t..

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

Category: Criminal Law | Date: | Hits: 94

Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....xes may issue a notice to the assessee containing all or any of the requirements which may be included in a notice under section 77 and may proceed to assess or determine, by an order in writing, the total income of the assessee or the tax payable by him, as the case may be, and all the provision of......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. ......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. ..

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

Category: Employment/Service Law | Date: | Hits: 147

Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)

....procured the necessary certificate from the said Board, that before issuing the certificate the Film Censor Board did not exercise due care, caution and circumspection or, in other words, there was a total non-application of mind in allowing the film to be released. 9. Mrs. Sigma Huda, learned Co......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.......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...

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

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

Category: Civil Law | Date: | Hits: 140

Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)

....t Attorney-General appeared for the State. 4. Mr. Rokanuddin Mahmud, learned Senior Advocate submits that the allegation made in the first information report against the petitioner is baseless and totally motivated and the same have been made only to malign, defame and humiliate the petitioner wh......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. ......on 5(1)(2) of the Prevention of Corruption Act, 1947 and since the offence described in the above provisions of law does not disclose, the question of abatement is not affected. 15. As regards the jurisdiction and power of this Court and section 561A of the Code of Criminal Procedure to quash the..

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

Category: Property Law | Date: | Hits: 83

Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)

....n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not main­tainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ......n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not main­tainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ......the peti­tioner has challenged the final decree passed by the Artha Rin Adalat in this writ petition; that it is now well settled that the decree of the Artha Rin Adalat cannot be challenged in writ jurisdiction, there being specific forum for filing appeal challenging the judgment and decree of th..

Category: Civil Law | Date: | Hits: 134

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. ...... is solely based on oral contract and when­ever a suit is being pressed on the basis of oral con­tract heavy duty cast upon the plaintiff to prove the same in accordance with law which is very much absence in the case in hand. She submits that all the P.Ws. are interested witnesses as well as the ......l is dismissed without however any cost". 16. So it appears that where there is serious misinterpretation or glaring illegally apparent on the basis of the record the High Court Division has ample jurisdiction to interfere, even both the Courts below passed judgment of affirmance. In the case rep..

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. ......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. ......on of the respective Paurashava of Cox's Bazar District with the voter list prepared not in accordance with law suffers from malice in law consequent thereto the election held on 27-1-2011 is without jurisdiction. The learned Advocate further contends that by the impugned notification dated 2-12-201..

Category: Election Law | Date: | Hits: 217

Abul Khair & another Vs. State, 2002, 31 CLC (HCD)

....y difficult for those P.Ws.2‑6 to clearly recognise the accused with the moon light above. He accordingly, contends that story of recognition of the assailant (accused Abul Khair) by P.Ws.2‑6 was totally untraced and false. He contends that in above context learned trial Court had no legal evide......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. ......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. ..

Category: Criminal Law | Date: | Hits: 97

Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)

....us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ..

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.......sh one and not in continuation of the office held by him earlier as a Judge of the High Court Division and as such consultation with the Chief Justice before his appointment was imperative and in the absence of such consultation the appointment has been rendered invalid. 32. Mr. Amirul Islam, the......itution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176...

Category: Constitutional Law | Date: | Hits: 353

Kazi Gowaherul Islam (KJ Islam) Vs. Standard Co-operative Credit Society Ltd and another, 1998, 27 CLC (HCD)

....t been looked into. We, on perusal of this decision of our Appellate Division, are of the view that the impugned order is not revisable under section 115(1) of the Code of Civil Procedure as there is total bar under the Ain. 12. The main contention of Miah Abdul Gafur is that the suit has been fi...... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 333. ...... Artha Rin Adalat is not an ordinary civil Court, but it is a civil Court of defined nature and it is a self-contained Court having its own forum of appeal. Section 6 of the Ain completely ousted the jurisdiction of the civil Court and no application under section 115 of the Code of Civil Procedure ..

Category: Civil Law | Date: | Hits: 135

Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)

....e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ..

Category: Procedural Law | Date: | Hits: 103

Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)

....plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ......plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ......t through the evidence on record against the accused and upon that issued orders summoning them under the said section of the Penal Code and it was thereon contended that the Magistrate acted without jurisdiction as the summoning does not come under any of the clauses of section 190 of the Code of C..

Category: Criminal Law | Date: | Hits: 102

Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....cate relying upon Article 25 of our Constitution contended that Anup Chetia, if extradited to India the Government would violate the mandate of Article 25. The contention on the facts of this case is totally misconceived. Rather the Government can take help of Article 25 for the purpose to extradite......principle of International Law which is binding on the member states of the United Nation to help people struggling for freedom and liberation. He next contends that extradition of Chetia to India in absence of any extradition treaty would violate the provision of Article 145A of the Constitution of......tive respondent to contest the said claim on facts and also to assail the bonafides or even the appropriateness in a particular case of the petitioner for seeking a relief invoking the Constitutional jurisdiction of the High Court Division under Article 102 of the Constitution. For example, standing..

Category: Constitutional Law | Date: | Hits: 421