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....able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271.......ocates for the parties and the learned Assistant Judge, who tried the suit, missed this vital point which determines the jurisdiction of the Court.
7. The jurisdiction of the Court is conferred by law and it never depends upon the consent of the parties. It is thus evident that the learned Assist..
Category: Property Law | Date: | Hits: 86
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
.... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263....... suit; that Court may either entertain the suit and try it or require the plaintiff to obey section 15 and return the plaint. There is no doubt that this decision correctly enunciates the position of law as to the adoption of summary procedure on negotiable instruments and the choice of the plaintif..Category: Procedural Law | Date: | Hits: 92
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......2003 corresponding to GR Case No.103 of 2003 under section 25B of the Special Power Act, 1974 in relation to seizure list made by the Customs Officers, should not be declared to have been continued unlawfully and without jurisdiction and/or such other or further order or orders passed as this Court ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......mple perusal of the confessional statement quoted above, it appears that the accused Niranjan Malaker did not implicate himself in the alleged murder. No overt act was pleaded even. Therefore, as per law, we must hold that the confession made by accused Niranjan Malaker is exculpatory in nature. Thi..Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ...... order of framing of charge against the accused petitioner is liable to be set aside. 11. Ordinarily, criminal proceeding instituted against an accused person must be tried under the provisions of law and the said proceeding should not be generally interfered with at an interlocutory stage. 12..Category: Criminal Law | Date: | Hits: 84
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ...... was actually served upon the petitioner and that the instant proceeding was initiated on 24-7-2007 after expiry of 4 months 20 days from issuance of the said notice which is against the provision of law. 6. He further submits that the second notice was served upon the petitioner on 21-6-2001 and..Category: Civil Law | Date: | Hits: 150
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......o.1 in the writ petition issued under the authority of the Memo No. Section--1/IS/-74/88(9)/2132/1(3) dated 20-7-19 88 passed by the respondent No.2 should not be declared to have been passed without lawful authority and is of no legal effect. 3. The facts, in brief, are that the petitioner is a ..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......tification No. নিফস/পিং/জাঃ সাং-২৯/৯৮ ২০৭২ dated 15-4-98 as contained in Annexure-C to the writ petition should not be declared to have been made without any lawful authority and is of no legal effect and why the said notification should not be cancelled and..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......ll arrear pay, allowances due and payable to him with costs and also for any other for further relief as the Court may deem fit and proper, contending that the order of dismissal dated 27-9-82 is not lawful in as much as the order of conviction dated 18-8-82 got its finality on 16-11-82 and that the..Category: Employment/Service Law | Date: | Hits: 182
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......ving interest of the said trust Estate was acquired by the Government during wholesale acquisition along with excess khas land and 100 bighas of khas lands were allotted to the trust Estate under the law and it is stated that out of that 100 bighas most portion comprises barren lands and small khal...Category: Trust/Waqf Law | Date: | Hits: 166
....eason to quash the judgment and order impeached in this writ petition.
The result is: we discharge the Rule. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
...... September 1,1987, setting aside the order of the respondent No.3 passed on March 30, 1986, refusing to register the Pabna Zila Truck Chalak Union should not be declared to have been made without any lawful authority and is of no legal effect.
2. The opposite party 4, the President and the opposi..
Category: Labour and Industrial Law | Date: | Hits: 171
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256....... “ 6) Mrs. Rehana Ahmed = 900 “ 7) Mrs. Shahana Ahmed = 900 “ 8) Mr. YWA Chowdhury (Son‑in‑law of Respondent No.2) = 250 “ 9. Mr. Fazlul Karim(fami..Category: Company Law | Date: | Hits: 233
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
....lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ......ainant-appellant preferred the present appeal. Mr. Nurul Islam Chowdhury, the learned Advocate, appearing for the complainant-appellant, submitted that the learned Magistrate committed an error of law in acquitting the accused-respondents under section 247 of the Code of Criminal Procedure as tha..Category: Procedural Law | Date: | Hits: 85
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....teed in Article 29 read with Articles 27 and 31 of the Constitution and, as such, why necessary directions/orders shall not be given to the respondents. This Rule was issued by an order dated 18-8-97 amending the previous Rule issued by this Court on 22-6-97. 2. The facts, as stated in the petiti......ed this Rule. 8. The respondent Nos.1-3 and respondent No.4 by filing separate affidavit-in-oppositions denied the material allegations and have stated that no has been taken illegally and without lawful authority. The petitioner has been promoted to the post of Director as per recommendation of ..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ......ishad, within PS Mehendiganj, District Barisal and also the order dated 30-11-92 issued by the respondent No.4 vide memo No.438 to hand over the charge shall not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders passed as to thi..Category: Election Law | Date: | Hits: 154
Abul Kalam Azad (Md.) and others Vs. Md. Kamrul Hasan and others, 1997, 26 CLC (HCD)
.... stay granted at the time of issuance of the Rule is vacated. Let a copy of the order be sent to the Court concerned immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 259. ......rit and with reasons, I am of the opinion that justice would be met if the learned Assistant Judge is directed to hear and dispose of the application for rejection of plaint afresh in accordance with law. 6. In the result the Rule is made absolute without any order as to cost. The learned Assista..Category: Procedural Law | Date: | Hits: 85
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......e some property from the legal heirs of SA recorded tenant by kabala dated 22-2-1983 being deed No.1373 of 1983 and in this way while the pre-emptor was owing and possessing her purchased property as lawful owner some other legal heirs of SA recorded tenant transferred some property in favour of the..Category: Procedural Law | Date: | Hits: 88
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235......., as a motion, and obtained the instant Rule. 7. The learned Advocate Mr. Md. Mamun Aleem, appearing for the accused petitioner, mainly contends that the Chief Metropolitan Magistrate has erred in law taking cognizance under sections 495/497/109 of the Penal Code against the accused persons upon ..Category: Criminal Law | Date: | Hits: 79
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ...... was filed on 27-1-2003. Therefore, section 47 of the Ain, 2003 has no manner of application in the suit. The Adalat passed the impugned order rejecting the prayer of the appellant in accordance with law. The writ petition was misconceived one and the Rule was liable to be discharged with cost. 4..Category: Civil Law | Date: | Hits: 138
....
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......there was no discussion about any hand writing Expert. It was further argued that the agreement was signed on white paper and stamp paper and, therefore, the agreement was not valid in the eye of the law.
8. In support of his submission that the agreement for re‑transfer must be registered he r..
Category: Property Law | Date: | Hits: 78
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