Search Options
Judgment Advanced Search
Displaying 2701-2720 of 7097 results.
Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)
....lly allowed by the learned Magistrate. It is further alleged that the case was pending for obtaining sanction from the appropriate authority/and on 27‑6‑91 the investigating officer violating the provisions of section 167 of the CrPC and without obtaining any sanction from the appropriate author...... 3. Mr. Syed Ziaul Karim, learned Advocate appearing for the accused‑petitioner, submits that the acceptance of the charge sheet by the learned Magistrate under his order dated 4‑7‑91 is bad in law inasmuch as the charge‑sheet was submitted beyond the time limit of 180 days as provided in se..Category: Criminal Law | Date: | Hits: 97
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....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 Code of Civil Procedure and, as such, Labour Court acted illegally in p......ant Md. Abdul Hoque Khan to show cause as to why judgment and order dated 30‑1‑1988 passed by the Labour Court, in Misc. Case No. 19 of 1985 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Mr. Khalilur Rahman, learned Advocate for the petitio..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....... passed by the District Magistrate. In our opinion the order not only puts restriction on the liberty of movement of a citizen but as well is unwarranted as that has been done without any sanction of law and partakes the nature of contempt of Court. In this view of the matter, however, we without pr..Category: Criminal Law | Date: | Hits: 86
Gias Uddin Vs. Dhaka Municipal Corporation and others, 1996, 25 CLC (HCD)
....legal action of any person. Petitioner was clearly a trespasser and was in illegal occupation in a Municipal Park. Respondent No.1 was entitled to evict unauthorised occupants from its park under the provision of the Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinan......e petitioner Giasuddin calling upon the respondents to show cause as to why purported attempt to evict the petitioner and all actions pursuant thereto should not be declared to be illegal and without lawful authority and why a direction shall not be given to respondent Nos.1 to 7 and 9 not to evict ..Category: Constitutional Law | Date: | Hits: 369
Seraj Miah Vs. State, 1997, 26 CLC (HCD)
....assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ......Khatun, who was aged four years and four months at the time of the occurrence. The evidence of a child witness having not been corroborated by other witness, the trial Court has committed an error of law in finding the appellant guilty of a capital offence on the basis of the un‑corroborated evide..Category: Procedural Law | Date: | Hits: 94
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.......r investigation. 3. Mr. Mahbubur Rahman, the learned Counsel appearing on behalf of the petitioner, at the very outset submits that the present case is the result of an altercation in between the law enforcing agency personnel and the petitioner who went to search the house at an untimely period..Category: Criminal Law | Date: | Hits: 89
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
.... of the Penal Code attracting sentences of death as pronounced and handed down by the learned Additional Sessions Judge; Manikganj in Sessions Case No.73 of 1999. This has necessarily attracted the provisions of section 374 of the Code of Criminal Procedure ("the Code") requiring such sentence to ......ion as the sole basis of conviction of the maker thereof. Indeed, this Court notes that in Islamuddin Vs. State reported in 13 BLC (AD) 81 the Appellate Division has endorsed the settled principle of law that judicial confession, if it is found to be true and voluntary, can indeed form the sole basi..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....n this Writ Petition the petitioners 10(ten) in number were elected as Ward Commissioners in the seats reserved for female candidates in Khulna City Corporation (the Corporation, in short), under the provisions of section 4 of the Khulna City Corporation Ordinance, 1984 (the Ordinance, in short). Wh...... Local Government Division and other's to show cause as to why the circular vide Memo No. Poura 1/M‑02/2002/1133 dated 23‑9‑2002 (Annexure B), should not be declared to have been issued without lawful authority and is of no legal effect. 3. The Facts: It is stated in the petition that elect..Category: Constitutional Law | Date: | Hits: 443
Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....the category of the plaintiff and the plaintiff to that of defendant without his consent permissible in order to avoid multiplicity of suits.” “No restriction is imposed on the Court by the provision of Order 1, rule 10 of the Code of Civil Procedure with regard to the power of the Court t......resaid order the petitioners moved this Court and obtained this Rule. 7. Mr. Shahidul Islam, the learned Advocate for the petitioners, submits that the learned trial Court committed an error of law occasioning serious failure of justice in not considering that the plaintiff being a female heir..Category: Civil Law | Date: | Hits: 154
Moktar Ali Bepari Vs. State, 1997, 26 CLC (HCD)
....owing cause against such enhancement when an appeal is filed under section 417A of the Code of Criminal Procedure by a complainant against any sentence on the ground of its inadequacy. In view of the provisions of section 404 of the Code, no appeal shall lie from any judgment or order of Criminal Co...... 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. ..Category: Criminal Law | Date: | Hits: 96
....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....... Home Affairs in respect of the petitioner for deciding the question as to whether the petitioner is entitled to get back the possession of his house, should not be declared to have been made without lawful authority. By the same Rule Memo. No.111 (Imn)/V dated 24.1.87 issued by the Home Ministry re..
Category: Immigration and Citizenship Law | Date: | Hits: 178
Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)
....ndum 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 any other law there is any provision that the forum of appeal will be determined with reference to the provisions of Civil Cour......urning 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 any other law there is any provision that the forum of appeal will be determined with reference to the provisi..Category: Procedural Law | Date: | Hits: 102
Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)
.... court. The word court has been defined in Article 152 of the Constitution. According to Article 152 of the Constitution, the court includes the Supreme Court also. In section 3(3) of the Act a penal provision has been made for the delinquent employee. From these the learned Advocates for the defend......and 1515 of 1989. Judgment ARM Amirul Islam Chowdhury J.- These Revisional applications are taken up together for hearing and are disposed of by this judgement as they involve the same point of law. 2. In this judgment the expressions defendant petitioners and the plaintiff opposite parties..Category: Others | Date: | Hits: 226
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....f Industrial and Commercial Concerns) Order, 1972 (Acting President's Order No.1 of 1972). Accordingly the Government of Bangladesh took over the control and management of the suit property under the provisions of the said Acting President's Order No.1 of 1972 in the interest of the Republic and sub......h Court Division in Civil Revision No.1714 of 1992). Judgment Mohammad Fazlul Karim J.- Since both the appeals are between the same parties involving substantially the same facts and points of law the same were taken up for hearing together and accordingly disposed of by this single judgment...Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
....s to stand on. 14. We have carefully examined the terms of the legal advice tendered by Mr. Nazrul Islam, the legal adviser of the BSRS who is opposite party No.3 in this matter, and perused the provisions of BSRS Order along with the Direct Sale Rule. It appears that the legal adviser of the B......posite parties nor the other respondents of the aforesaid writ Petition violated this court's order passed in the said writ petition. 7. Since an important question as to the liability of a lawyer in respect of giving legal opinion is involved in this case, we requested Mr. Mahmudul Islam,..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: ......m - for the Appellant (In Criminal Appeal No. 2515 of 2008). Khalifa Shamsunnahar, State Defence Lawyer - for the Appellant (In Jail Appeal No. 318 of 2008). Khalifa Shamsunnahar, State defence lawyer - for the Appellant (In Jail Appeal No. 319 of 2008). Hasna Begum - for the Appellant (In ..Category: Criminal Law | Date: | Hits: 98
Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....the plaintiff‑petitioner, made a number of submissions. His first submission is that the order of the lower appellate Court directing production of additional evidence is not in accordance with the provisions of rule 27 read with rule 29 of Order 41 inasmuch as no points were specified by the lear......itional evidence. He has also found that the list of the documents that have been annexed in the application for additional evidence are necessary to be exhibited in the appeal in accordance with the law of evidence. It also appears that the lower appellate Court also allowed the plaintiff‑respond..Category: Procedural Law | Date: | Hits: 113
Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)
.... 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. ...... Vs. Raziur Rahman, reported in 18 DLR (SC) 426. He submitted that the Election Commission has been vested with the power to organize, hold and conduct the election of Chairman in accordance with the law and rules and in spite of deletion of Rule 68 when a dispute arises as to adjournment of polls i..Category: Election Law | Date: | Hits: 177
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
....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. ...... and thereafter they were proceeding towards their home but hardly they reached near the house of Kamal Akhi in the village of Venda, the accused appellants along with some other persons forming an unlawful assembly being armed with deadly weapons like ramdao, valla, lathi, gupti, gun etc. encircled..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....hout lawful authority or in an unlawful manner. Therefore, the personal liberty of the detenu as guaranteed under Article 32 of the Constitution has been deprived of/taken away in accordance with the provisions of section 3(1) of the Special Powers Act, 1974. In the result, the Rule is dischar......etained in House No.10, Road No. 84, Gulshan Model Town, Gulshan, Dhaka, should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful authority or in an unlawful manner. 2. The case of the petitioner is that the detenu come..Category: Criminal Law | Date: | Hits: 113
72557254725372527251725072497248724772467245724472437242724172407239723872377235