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A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......he previous attempts by Shahib Ali was nullified by the Sessions Judge but this time cognizance was taken by the Senior Special Judge. The question is whether such cognizance could be taken under the law. Section 4 is as under: “Jurisdiction of Special Judges and cognizance of case by them.—A..Category: Criminal Law | Date: | Hits: 81
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
.... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ......ng First Appeal No.20 of 1975 (Probate), before the High Court Division which, on finding that the plaintiff-respondent succeeded in proving the execution and attestation of the will according to law, allowed the appeal and set aside the judgment of the trial Court. The learned Judges directed t..Category: Property Law | Date: | Hits: 80
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
.... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310.......ision of decrees and orders of Courts of Small Causes. The High Court, for the purpose of satisfying itself that a decree or order made in any case decided by a Court of Small Causes was according to law, may call for the case and pass such order with respect thereto as it thinks fit."(Emphasis adde..Category: Property Law | Date: | Hits: 113
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......n Mortgage Suit No. 21 of 1990 entertaining the counter‑claim of respondent Nos. 1‑5 as evidenced by Annexure-C to the petition moved in Court should not be declared to have been made without any lawful authority and is of no legal effect or such other or further order or orders passed as to thi..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32....... the Respondents (In all the writ petitions). Writ Petition Nos. 728, 803, 802 and 838 of 1990, 1092, 1115 and 465 of 1989. Judgment Qazi Shafiuddin J. - As the common questions of facts and law are involved these 7 writ petitions have been heard together and will now be disposed of by this..Category: Fiscal/Taxation Law | Date: | Hits: 199
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......xcept that a small metal disc, popularly known as show cap is fixed with a screw onto a depression in the middle of the bottom portion of the respondent's fan. 9. Let us now look into the relevant law: Section 2(5) of the Patents and Designs Act, 1911, is to the effect: "Design" means only ..Category: Intellectual Property Law | Date: | Hits: 192
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......his revisional application and obtained the instant Rule. 3. Mr. Md. Ruhul Amin, the learned Advocate appearing for the plaintiff Petitioner, submits that the appellate Court committed an error of law resulting in an error in the decision occasioning failure of justice inasmuch as the learned Cou..Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ...... At the time of hearing of the Rule at the very outset Mr. Rafique-ul-Huq, the learned Counsel appearing for the opposite party, submits that the present revisional application is not maintainable in law as there is no provision in the Artha Rin Adalat Ain, 1990 for filing a revisional application a..Category: Civil Law | Date: | Hits: 121
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......The learned Advocate further submits that there was no decision on a reference from the Court of Small Causes and, as such, the learned SCC Judge exercised power and jurisdiction not vested in him by law. 6. Mr. Bakhtiar Hossain, the learned Advocate appearing for the plaintiffs opposite parties,..Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......hether his leave will be granted or not is for the appointing authority, namely Government. But it is not understood why the Jessore Bench attempted to make so much out of such innocuous absence of a lawyer. 10. Now about his illness, the High Court Division devoted considerable space whether it ..Category: Criminal Law | Date: | Hits: 116
....of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......Appellant No.1 terminated the services of said Abul Bashar under Section 19(1) of the Employment of Labour (Standing Orders) Act 1965 and offered all the benefits to which he was entitled under the law. Notwithstanding the termination of his service, as aforesaid, the appellants continued to deal ..
Category: Labour and Industrial Law | Date: | Hits: 167
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......the Civil Procedure Code, to disturb the finding of the first appellate Court, it is now well established. The High Court can only invoke its jurisdiction under this section, if there is any error of law, or procedure committed by the first appellate Court, and such error has affected the merit of..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......t his cinema hall which is a funning concern. It has been argued by the State that on the date when the over-draft was granted there was no security. True, but the question is that there must be some law that says such granting of over-draft is a criminal offence and further the grantee of such over..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......signed between them on 09.04.2010, in alleged violation of the terms and conditions of RAJUK’s registered lease deed, dated 25.10.1998, should not be declared to have been passed illegally, without lawful authority and is of no legal effect.” 2. The petitioner’s averments, briefly, are as f..Category: Property Law | Date: | Hits: 159
....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......8 to demolish the construction of the petitioner partially and stopping its construction work at the Triple Corner Chatter in front of High Court Mazar shall not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..
Category: Civil Law | Date: | Hits: 218
Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... be involved in the occurrence. However, the police arrested the appellant on 5.10.1996 and sent him to jail, wherefrom he filed the instant jail appeal. 6. Mrs. Zinat Akhter Nazley Begum, a panel lawyer appointed by the Ministry of Law and Parliamentary Affairs to provide legal aid to the appell..Category: Criminal Law | Date: | Hits: 95
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
.... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......fer rigorous imprisonment for ten years, as aforesaid. Challenging the said judgment an order of conviction and sentence, the appellant filed the instant jail appeal. 13. Mrs. Hasna Begum, a panel lawyer appointed by the Ministry of Law, Justice and Parliamentary Affairs to provide legal aid to t..Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......an-2, Dhaka in the name of the petitioner upon receiving the transfer fee on the consideration money as directed by the High Court Division in FA No.585 of 2001 should not be declared to be without lawful authority and is of no legal effect, and why they should not be directed to mutate the said p..Category: Property Law | Date: | Hits: 127
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... questions in the negative and against the revenue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ...... of the construction of house and the income from other sources as estimated by the Deputy Commissioner of Taxes were confirmed. 3. In the aforesaid facts and circumstances, following questions of law have been referred for determination by this Division: Question of law (a) Whether on the ..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......ring on behalf of the defendant No.6 petitioner has taken me through the judgment of both the Courts and placed the evidence of both the parties and submitted that the Trial Court on both facts and law committed error of law in passing the impugned judgment discarding the Rule of evidence. The evi..Category: Property Law | Date: | Hits: 123
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