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Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
.... Court; and the other view recommending in favour of enlarging the revisional jurisdiction of the Sessions Judges but without curtailing the jurisdiction of the High Court. The Commission found a good case for enlarging revisional powers to the Courts of Sessions located at each District Head Qu......parison between the provisions of the aforesaid two sections of the Code would seem inevitable. For the sake of convenience they are quoted below: "439. (1) In the case of any proceeding the record of which has been called for by itself or which has been reported for orders, or which otherw......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....rate on any interest which the transferor may acquire in such property at any time during which the contract of transfer subsists. Nothing in this section shall impair the right of transferees in good faith for consideration without notice of the existence of the said option.” 15. What ar......na, who accepted the same, that the area of the land under settlement measured 18.34 acres, which subsequently increased to 27.63 acres by accretion, that this entire 27.63 acres of land were wrongly recorded in the Khas Khatian of Respondents No. 2 to 4, that after the acquisition of the rent recei......manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218...Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....y of the aforesaid provision the Legislature conceived of a situation where there were the lands of a tenant as well as those of a proprietor or a tenure-holder, there appears to be absolutely no good reason to exclude the khas land of a proprietor or a tenure-holder from the operation of the sa...... of the High Court Division, discharging a Rule issued on an application made by the appellants under Section 115 of the Code of Civil Procedure against an order of the Subordinate Judge, Patuakhali, recording abatement of a suit, instituted by the appellants, under section 86 and 87 of the State Ac......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...Category: Property Law | Date: | Hits: 133
Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)
....e is remanded back to the Tribunal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191.......e is remanded back to the Tribunal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191.......e is remanded back to the Tribunal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191...Category: Election Law | Date: | Hits: 163
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....ings are to be construed liberally and for the confused pleadings, the party should not suffer. We cannot make ourselves oblivious of the prevailing situation in the Mufussil Courts where drafting of good pleading is a rarity now-a-days. For the failure of the lawyers the common litigants should not...... 2000 in the Court of Senior Assistant Judge, First Court, Bogra for declaration of their easement right to the suit ponds. Their case, in short, is that during the C.S. operation the suit ponds were recorded in the name of Bharat Samrat and the names of Gyanoda Prashad Sukul, Chundra Prashad Sukul ......wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ..Category: Procedural Law | Date: | Hits: 100
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......ent, but he was never entrusted with the property. So, the question of criminal breach of trust does not arise at all so far he is concerned. According to his submissions, there is no material in the record to show that the accused-petitioner was given authority for distribution of such relief mater......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351...Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....eir wedlock they got one daughter and one son. The plaintiff appeared at BCS examination of Health Cadre and qualified himself and also subsequently passed FCPS in eye. As an eye specialist he earned good reputation at home and abroad. He went to Saudi Arabia through Government and served there for ...... Feni and heard analogously and disposed of by a single Judgment dated 20-10-2004. 9. During the course of trial the learned Senior Assistant Judge, Parshuram, Feni after examining the evidence on record and perusing the documents and exhibits produced by both the parties in support of their resp......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ..Category: Family Law | Date: | Hits: 167
Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
....usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ......ision of section 141(1) of the Negotiable Instruments Act and a complaint has accordingly been filed within the statutory period as mentioned in clause (b) of section 141. As such, as it appears from record, the complainant has complied with all the legal formalities as laid down in section 138 and ......usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ..Category: Criminal Law | Date: | Hits: 86
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....that thereafter the informant went to the said godown and found that the door of the godown No.3 was broken and that the dacoits took away 122 bags of rice from the godown and the price of the looted goods is about Taka 1,10,678.40. It is further stated that after completing dacoity, the dacoits wen......lodged the FIR. 4. SI Saidur Rahrnan, took up the investigation, visited the place of occurrence, prepared the sketch map with separate index of the place of occurrence, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and collected alamats.......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....ed in the case may be. A dispassionate and balanced approach to the vital aspect of the case and the law bearing on the subject is a precondition for administering evenhanded justice. Law, equity and good conscience demand that justice should not only be done but it must also be seen to have been do...... case, Police took up investigation, visited the place of occurrence, seized alamat as per seizure list, prepared sketch map with separate index of the place of occurrence, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and thereafter submitt......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ..Category: Criminal Law | Date: | Hits: 66
.... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
..
Category: Constitutional Law | Date: | Hits: 211
Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....dge to prove the situation prevailing at the relevant time. Learned Advocate further submits by filling an application under Order XLI, rule 27 of the Code of Civil Procedure that the judgment is not good to be maintained as such defendants may be given a chance of prove their case by adducing evide...... Court and did not produce the evidence before the Court and referred certain orders. It is true that time there was some difficulties in enjoyment day to day life. But we find from the lower Court records that all the applications filed by defendants for adjournment of the proceedings of the su......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66...Category: Property Law | Date: | Hits: 78
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......e investigation in the case was completed he left for training on 8‑2-2003, Subsequently, Mr. Salim, Officer-in-Charge of Muladi PS held the investigation and examined as many as 14 witnesses and recorded their statements under section 161 CrPC and on completion of the investigation a prima faci......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632...Category: Criminal Law | Date: | Hits: 64
....excess of its jurisdiction. Therefore, there is no merit in this Rule.
The Rule is accordingly, discharged without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 627.
......ys as required under the law and the reply of the respondent No. 2 was not satisfactory and the matter was inquired into by three-member Inquiry Committee in which charge was established. His service record was also found to be unsatisfactory and, as such, he was dismissed from service, in a lawful ......g his duties as such he was charged for his misconduct by letter dated 16‑2-1997 and he was placed under suspension and asked to show cause within 3 days as to why he should not be dismissed from service for the misconduct. The respondent No. 2 submitted the explanation and prayed for absolving ..
Category: Labour and Industrial Law | Date: | Hits: 188
Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)
.... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622.......eral - For the Opposite Party. Criminal Revision No. 141 of 2003. Judgment Md. Hassan Ameen J. – Counter affidavit on behalf of the opposite party State filed in Court may be kept with the record. 2. This Rule was issued, at the instance of accused petitioner Tareq Shamsul Khan alias H...... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622...Category: Criminal Law | Date: | Hits: 71
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614.......quitting the accused under section 247 of the Code of Criminal Procedure due to absence of the complainant-appellant in the Court on that date. 2. Learned Advocate for the appellant shows from the record that CR Case No. 3 of 1984 was earlier tried and upon evidence accused Chand Mia and another ......e of the complainant with observation that the complainant was unwilling to proceed with the case. 5. Learned Advocate argues that in impugned order dated 21‑1‑1995 there was no note as to the service return of the witness summon on the expert issued on 8‑1‑1995 in order to be sure whethe..Category: Procedural Law | Date: | Hits: 73
Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)
....vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612.......ing the movables of the judgment‑debtor for satisfaction of decreed amount. In support, he cited Munshi Kali Sankar Sahay and others Vs. Moharajah Protap Udai Nath Saha, (1912) 16 IC 708. 5. The record of the case discloses a sorry state of affairs the courts come across in dealing with the pro......vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612...Category: Procedural Law | Date: | Hits: 54
Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)
....ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ......ver, the defence did not adduce any evidence either. 7. The learned trial Court, whereupon, having heard the learned advocates representing the parties as well as having considered the evidence on record have found the accused guilty of the charges brought against him and passed the impugned Judg......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ..Category: Criminal Law | Date: | Hits: 65
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....e "The Public Procurement Rules, 2008. (emphasis added) 7. The tasks to be performed by the PSI Agents were set out in the following manner: “(a) To verify description quantity and quality of goods as per invoices and packing lists supplied by the exporter. (b) To determine the correct HS......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ...... that it has been short-listed for sending request for Proposal (RFP) (Annexure-C). 8. It has been stated that the said request for proposal clearly intended the petitioners to provide consultancy services. Section 1.1 and Section 1.2 of the RFP provide as follows: “1.1 The Client (National ..Category: Fiscal/Taxation Law | Date: | Hits: 152
.... case), if it is required.
The office is directed to communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
......endant No.2, Satish Chandra Sutradhar, the name of petitioner No.1 was substituted at the instance of the decree holder bank, though it was not necessary as his (petitioner-1’s) name was already on record as defendant No.1. Since the name of petitioner No.1 was on record from the very inception of...... case), if it is required.
The office is directed to communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: | Hits: 80
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