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Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....¦°ą¦æą¦¤ą§ ą¦Ŗą¦¾ą¦°ą¦æą¦¬ą§ą„¤ā Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ......of the suit on the appointed day. 15. The inherent jurisdiction of the Court under section 151 of the Civil Procedure Code can be invoked subject to the rule that if the Code contains specific provisions, which would meet the necessities of the Case, such provisions should be followed, instea..Category: Civil Law | Date: | Hits: 80
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ......In re reported in Criminal Law Journal, Volume 20 page 34 and the Case of AC Tops Vs. Emperor reported submissions of the learned Advocates of both the parties it is necessary to examine the relevant provisions in the same volume of the Criminal Law Journal page 241. 7. In order to consider t..Category: Criminal Law | Date: | Hits: 87
Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ......19-6-2000. 5. We have perused the relevant sections under which the order of detention is passed. The order in the instant Case was passed by the District Magistrate and, as such, the relevant provisions are sub-sections (2) and (3) of section 3 of Special Powers Act, 1974. 6. To appre..Category: Criminal Law | Date: | Hits: 29
Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)
....spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ......onal. Sessions Judge evidently erred in law in passing the impugned judgment without discussing and considering any evidence of the witnesses examined by the prosecution in contravention of the clear provisions of law and the same has occasioned failure of justice. The learned Advocate further submi..Category: Criminal Law | Date: | Hits: 60
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ......thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ..Category: Property Law | Date: | Hits: 18
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......Mr Manzoor Ahmad shall be the Managing Director of the company and he shall hold and remain in the said office for at least 5 years and in accordance with the rules and regulations of the company and provisions of law. The powers of the Managing Director are enumerated in articles 146 and in clause ..Category: Business or Commercial Law | Date: | Hits: 198
Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)
....ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ...... application is not maintainable in its present form.ā 5. Mr AJ Mohammad Ali, the learned Advocate appearing for the petitioner submits that the execution proceeding is barred both under the provisions of section 48 of the Code of Civil Procedure and article 182 of the Limitation Act and th..Category: Civil Law | Date: | Hits: 82
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....litation of slum dwellers. He contends that illegally eviction was carried out by the respondents without any care for compliance of the provisions of Act 24 of 1970. According to him, compliance was mandatory and due to non-compliance the petitioners are entitled to get restoration of their possess......ed und Article 102 of the Constitution calling upon respondents to show cause as to why eviction of the petitioners from the Balur Math Basti in section 12, Block-E, Mirpur without complying with the provisions of Act XIV of 1970, should not be declared to be without lawful authority and of no legal..Category: Property Law | Date: | Hits: 60
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....n Advocate for accused-petitioner with regard to of section 339C (4) of the Code, the learned Deputy Attorney-General seriously challenges the claim. At the outset āhe submits that the provision is mandatory so far as releasing an accused on bail the words, āUnless for reasons to be recorded wri......ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ..Category: Criminal Law | Date: | Hits: 26
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
.... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ......application to the facts of the Case. Rather, here, the judgment of the appellate Court is based on total non-consideration of the evidence on record and absence of any finding of its own. In view of provisions of Order XLI rule 31 of the Code of Civil Procedure, such judgment must be held to be no ..Category: Property Law | Date: | Hits: 22
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....sions, formulated the principles as to the law relating to the employees of statutory corporations or bodies- (a) If an employee is dismissed or his service is terminated in contravention of a mandatory statutory provision, the employee has a right of action either in the Supreme Court in its...... termination from service and dismissed the suit being of the view: āThe declaration that the order terminating the respondentās service was null and void, etc. could not be covered by the provisions of section 42 of the Specific Relief Act, ... the terms and conditions of the respondentā..Category: Administrative Law | Date: | Hits: 165
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....gaged in a judicial proceeding. Secondly, the provision only applies in respect of a Civil, Criminal or Revenue Court. Thirdly, the āaggrievedā Court can try the offence itself. Fourthly, it is mandatory to fulfill all the requirements of section 481 of the Code of Criminal Procedure. 1......n 228 of the Penal Code and the procedure for its enforcement, because, in the instant Case, neither the learned Magistrate nor the learned Sessions Judge, appreciated the intent and purport of these provisions. 9. Section 228 of the Penal Code runs as follows: ā228. Whoever intentio..Category: Criminal Law | Date: | Hits: 29
....ful and proper.
In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners.
Ed.
This Case is also Reported in: 53 DLR (2001) 35.
......ction (Amendment) Act, 1987 and also considered as to whether tenant of the owner can be evicted for construction without obtaining sanction from RAJUK. Their Lordships held as follows:
āThe provisions in sections 3B and 6 clearly give power to the Authorised Officer of the RAJUK to serve n..
Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
.... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ...... of the Appellate Division which cannot be set aside by the Subordinate Judge at the instance of the selfsame plaintiffs. Nurul Huq further submits that the present suit is barred by law and as such, provisions of Order 7 rule 11 of the Court of Civil Procedure are very much applicable. 8. Nu..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
.... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ......Ali and another Vs. State 38 DLR 270. We have noticed that there are two conflicting decisions of this Court on the said issue. Before we proceed to consider the said decisions, let us examine the provisions of section 195 of the Code of Criminal Procedure. Sub-section (1) of section 195 provides..Category: Criminal Law | Date: | Hits: 59
....
Let a copy of this judgment be sent to the Honāble Minister, Ministry of Home Affairs and Director General, Department of Social Services.
Ed.
This Case is also Reported in: 53 DLR (2001) 1.
...... to protect the same from onslaught by the interested quarters inasmuch as the District Administration has a duty to protect the inmates of Nimtali and Tanbazar to be evicted forcibly contrary to the provisions of Premises Rent Control Act and the ordinary law of the land protecting right of the ten..
Category: Constitutional Law | Date: | Hits: 264
A. K.M. Hasanuzzaman Vs. Abdur Rab Chowdhury and others, 2010, 39 CLC (AD)
.... miscellaneous appeal. Under such circumstances, this petition does not merit consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 437. ......as severely damaged. 3.The respondent No. 1, in due course, filed a claim case for Tk. 30,50,000/- being Claim Case No. 30 of 2002 before the Claims Tribunal and District Judge, Comilla, under the provisions of Section 128 of the Motor Vehicles Ordinance, 1983 (Ordinance No. LV of 1983), on the a..Category: Civil Law | Date: | Hits: 96
Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)
.... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ...... for 6(six) years, as has been submitted, appears to be too severe, having regard to the facts and cirĀcumstances of the case and the overt-act on the part of the review petition. The application of provisions of Sections 326 and 307 of the Penal Code has not been considered in their true perspecti..Category: Criminal Law | Date: | Hits: 45
Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise, 2010, 39 CLC (AD)
....nd order dated Ā 26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disĀposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ......therwise than the rate stipulated in the Airway bill could be applied in calculating the compensation payable to the responĀdent. He further submits that the liability of the Biman is limited by the provisions of Rule 22 of the First Schedule of the 1966 Act and in terms of the Airway bill but the ..Category: Civil Law | Date: | Hits: 85
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ......n an erroneous findĀing that Rabeya Khatun, the mother of the petitioner, mutated her name and separatĀed the jama but as a matter of fact no such separation of jama was made in accordance with the provisions of section 117 (1)(c) of the State Acquisition and Tenancy Act, after notifying all the o..Category: Property Law | Date: | Hits: 27
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