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Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
...., the provisions of section 199 of the Code has been elaborated discussed. In that case, the apex Court held that, the bar against taking cognizance of such offence otherwise than upon a complaint is total and complete. The apex Court further declared in that case that, the police report which is su......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.......gistrate, as required under the provisions of sections 198 and 199 of the Code. He further submits that, since no complaint was filed required under section 198 of the Code so the Magistrate had no jurisdiction to take cognizance in respect of offences under sections 495/497/109 of the Penal Code...Category: Criminal Law | Date: | Hits: 79
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....n the prayer of the Bank. The appellant as defendant No.1 filed an application on 20-8-2004 before the Artha Rin Adalat under Order XIV, rule 2 of the Code of Civil Procedure with a prayer to fix the total money payable to the Bank by him at 11, 50,000 by applying the provisions of section 47 read w......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. ......ng the provisions of section 47 read with section 60 of the Ain, 2003 giving rise to this appeal having been filed prior to coming into force of the Ain, 2003, the Artha Rin Adalat acted within its jurisdiction in passing the Order dated 4-10-2004 challenged in the writ petition and the High Court..Category: Civil Law | Date: | Hits: 138
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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.
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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.
...... examining the witness or seeing them should be extremely cautious to reverse the decision of question of facts but the appellate Court being the final Court of determining questions of facts has the jurisdiction and responsibility to see that the evidence has been properly appreciated and assessed...
Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61.......onstables who are said to have accompanied the patrol party led by PW 1 but all the above 3 PWs. 2, 4 and 5 were simply tendered. PWs 6 and 7 are also police personnel’s. They have been examined in absence of the accused and hence there was no cross-examination. PW one Md. Abdul Gafur was a Duty......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61...Category: Criminal Law | Date: | Hits: 81
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
.... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57....... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57....... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57...Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
....act value and on 3-11-2004 took payment of Taka 7,01,03,415.20 as advance being 40% of the contract amount as the second installment before claiming for price escalation and seeking arbitration, in total took 50% advance of the quoted amount. On 14-12-2004 1st party Ananda Shipyard & Slipways ......omposition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was conflict with the provisions of this Act, or, in the absence of such agreement, was not in accordance with the provisions of this Act. (b) The Court o......tors acted beyond the contract agreement in passing the award holding that in column 4 of financial offer form there is a bona fide mistake regarding number of boat thereby beyond the authority and jurisdiction directed the authority concern to correct the same. He further referring the award subm..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ..Category: Criminal Law | Date: | Hits: 97
Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458.......h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458....... Commissioner of Customs in other similar cases did not refer the matter to the Review Committee. In this petition the order passed by the Review Committee is challenged. This leads us to examine the jurisdiction of the Review Committee. Section 193C was substituted for the old section 193C of the C..Category: Fiscal/Taxation Law | Date: | Hits: 138
Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)
....he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ......he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ......he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ..Category: Criminal Law | Date: | Hits: 75
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
....ed to the filing Advocate for presentation before the appropriate Court. Under such circumstances, the return of the plaint on the ground of improper or inadequate valuation of the suit appears to be totally misconceived and highly superficial. If it appeared to learned Assistant Judge that proper a...... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451.......een instituted.” 9. The learned Assistant Judge passed the impugned order for returning the plaint to the filing Advocate without finding that the suit was filed wrongly before him and he had no jurisdiction either pecuniary or financial, to entertain and try the same and, as such, it was being..Category: Procedural Law | Date: | Hits: 81
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....res of land from plot No.254 to Ovimannaya Malo who subsequently transferred the same to the plaintiff by a registered kabala deed dated 26-4-1948. On 7th Chaitra 1356 BS the plaintiff took pattan of total 0.74½ acres of land from Plot Nos.254, 230 and 236/754 from Raja, and got possession. The pla......: "High Court Division not competent to interfere with finding of facts arrived at by the lower appellate Court which is based on appreciation of evidence, however wrong the same may appear in the absence of error of law or procedure, affecting merit of the case." 21. This view receives suppor......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ..Category: Property Law | Date: | Hits: 98
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ......sidered the fact that the plaintiff as per his affidavit (Exhibit 2) did not get corrected his age in the Matriculation certificate (Exhibit 1) from the concerned Education Board and held that in the absence of such correction his age recorded in the Matriculation certificate will be the basis for c......ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ..Category: Employment/Service Law | Date: | Hits: 158
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......f the deceased and a scratch mark on the left cheek of the accused. 34. The above evidence of P.Ws.1-6 as to presence of marks of hurt on the person of the deceased, her normal eyes, nose etc. and absence of any symptom of death by hanging are not tainted and do not suffer from any infirmity. Mor......cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
....e alleged Bainapatra was executed in front of them but the circumstances surrounding the alleged execution, the insufficient stamp paper and the receiving of alleged earnest money of Taka 20,000 from total consideration Taka 25,000 and making a condition of finalisation of the sale after three years...... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ...... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ..Category: Procedural Law | Date: | Hits: 120
Mahamudur Rahman Vs. Md. Matiur Rahman, 2006, 35 CLC (HCD)
.... absolute. The proceeding of GR Case No.3735 of 2002 pending in the Court of learned Chief Metropolitan Magistrate, Dhaka is quashed. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 367. ...... absolute. The proceeding of GR Case No.3735 of 2002 pending in the Court of learned Chief Metropolitan Magistrate, Dhaka is quashed. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 367. ...... absolute. The proceeding of GR Case No.3735 of 2002 pending in the Court of learned Chief Metropolitan Magistrate, Dhaka is quashed. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 367. ..Category: Criminal Law | Date: | Hits: 87
Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
.... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ...... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ......ease to be a universal religion and will remain a religion confined to the time and place when and where it was revealed………… 19. We, thus, come to the conclusion that a civil Court has the jurisdiction to follow the law as in the Quran disregarding any other law on the subject, if contrar..Category: Family Law | Date: | Hits: 528
Ekram Ali Fakir and three others Vs. Abdus Samad Biswas, 1994, 23 CLC (HCD)
....f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ......f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ......f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ..Category: Criminal Law | Date: | Hits: 85
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......their demand for a caretaker government they are abstaining from attending the Parliament. It is further stated that the respondent Nos. 3‑5 did neither ask for any leave from the Speaker for their absence nor they filed any hajira. It is further stated that although they are not attending the Par......has become infructuous, it is stated by respondent No. 3 that the direction so issued in terms of the Rule by this Court is not tenable as it would interfere with the functions, powers, privilege and jurisdiction of the Parliament. It is further stated that "if the prayer made in the petition is all..Category: Constitutional Law | Date: | Hits: 344
Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)
.... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405....... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405.......omaly created by the nomination of members of Selection Board by Syndicate is no ground for maintaining a writ petition. The contention on political consideration again is no ground for invoking writ jurisdiction under Article 102 of the Constitution, more so when allegation of political considerati..Category: Employment/Service Law | Date: | Hits: 228
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....ager took his signature in the blank paper and he withdrew Taka 1,882.50 from his account but did not pay the same to the Insurance Company and, as such, Taka 6,000.00 + 1,882.50 = 7,882.50 being the total amount has been misappropriated by the said accused appellant and due to such misappropriation......l Code read with section 5(2) of Act 11, 1947 against the accused appellant. Since the appellant remained in abscondence, the charge could not be read over to him and, as such, trial proceeded in his absence. The prosecution in all examined 11 witnesses and defence examined none. 4. The learned S......charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ..Category: Criminal Law | Date: | Hits: 99
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