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Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)

....on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......he same is contrary to section 4 of the Muslim Marriage and Divorces (Registration) Act, 1974 and the Rules made thereunder. The petitioner filed an appeal on 26-8-94 before the respondent No.1 for review of the order contained in Annexure-‘D’ but to no effect, and the petitioner thereafter file..

Category: Civil Law | Date: | Hits: 90

State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)

....ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ...... the accused. His suggestion that due to his illicit connection with P.W.4 her husband had murdered his mother is not only preposterous but also baseless as he failed to establish the same. 18. In view of the above we find no illegality in the decision of the learned Sessions Judge convicting the..

Category: Criminal Law | Date: | Hits: 72

Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)

....ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ...... Court from the evidence drew conclusion of fact which cannot be interfered with in an application under section 25 of the Small Causes Court Act. In the facts and circumstances of the case and in view of the foregoing reasons I do not find any cogent reason to interfere with the impugned order. ..

Category: Property Law | Date: | Hits: 64

Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)

....n and obtained the instant Rule. 6. Mr. Shamsul Huda, the learned Advocate appearing for the defendant petitioners, submits that the learned appellate Court below on misconception of law and facts erroneously allowed the prayer for temporary injunction as well as mandatory injunction and, as such...... by the Board is misconceived inasmuch as the Regulation does not provide for any approval of elected managing committee. The learned Advocate further submits that the instant Rule is maintainable in view of the fact that the managing committee is still in existence and are managing the affairs of t..

Category: Employment/Service Law | Date: | Hits: 101

Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)

....cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118....... as respondents in place of respondents No.1 after more than 2 years from the date of passing of the judgment under appeal and, as such, the learned Court below was perfectly justified in holding the view that the appeal is hopelessly barred by limitation as against the persons proposed to be added ..

Category: Procedural Law | Date: | Hits: 70

M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)

....s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......edly the word security has not been defined in the Code of Civil Procedure or in the Arbitration Act. Now what is the purpose of the surety. We have considered the amended provision and we are of the view that this provision has been incorporated in the Act for making sure the payment in case of suc..

Category: Alternative Dispute Resolution | Date: | Hits: 245

Mohsin Hossain (Md.) Vs. Government of the People's Republic of Bangladesh, 1996, 25 CLC (HCD)

.... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ......nder section 160 of the Code of Criminal Procedure includes also an enquiry directed by the Magistrate. Since there is no reference as to any investigation or enquiry in the said notice we are of the view that the same has been issued by the respondent No.4 in an unauthorised manner. In the resu..

Category: Criminal Law | Date: | Hits: 60

Jobon Nahar and others Vs. Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of the peoples republic of Bangladesh and others, 1996, 25 CLC (HCD)

....96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect. Ed. This case is also Reported in: 49 DLR (HD) (1997) 108. ......edy is not in every case a bar to the exercise of the powers of the High Court under Article 102 of the Constitution and the Court can interfere if the circumstances demand such interference. Similar view has been held in the case of Fazlul Hoque Chowdhury Vs. Government of Bangladesh reported in 30..

Category: Limitation Law | Date: | Hits: 175

Masum Ikbal (Md.) Vs. Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangladesh Engineering University & others, 1996, 25 CLC (HCD)

....ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 104. ......all. He further stated that he had no connection with those papers and he was merely a victim of circumstances. So he prayed to be excused considering the matter with a humanitarian and compassionate viewpoint. In view of the aforesaid statement of the petitioner aforesaid Board decided to hear the ..

Category: Civil Law | Date: | Hits: 85

Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)

....a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......trate, Gopaalgonj. 2. The main ground urged for quashment is that the proceeding at the instances of a private individual for the offence under sections 295A and 298 of the Penal Code is barred in view of section 196 of the Code of Criminal Procedure. There have been other incidentals points rais..

Category: Criminal Law | Date: | Hits: 70

Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)

....t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......accused. Circumstantial evidence should not merely point to the inference that is to be drawn but that the evidence must be of such a nature that it can possibly lead to no other inference. 14. In view of the discussion made above, we are inclined to hold that the evidence adduced by the prosecut..

Category: Criminal Law | Date: | Hits: 56

Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)

....th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......d under sections 4(2) and 5(2) Anti‑Corruption Act, 1947. As such the proceeding pending against them under Anti-corruption Act cannot be sustained in law and is liable to be quashed also. 9. In view of the discussion and the decision referred to above we are of the opinion that the instant pro..

Category: Criminal Law | Date: | Hits: 105

Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)

....served that plaintiffs paid ad valorem Court-fees as question of title was seriously involved in the suit with a prayer for establishment of title. Court of appeal below without considering the above erroneously held that trial Court erred in decreeing the simple suit for partition. From the alterna......maintainable. 8. It appears from the opening sentence of the trial Court's judgment that it is suit for establishment of title and partition. It further appears from trial Court's judgment that in view of the question of title involved in the suit plaintiffs paid ad valorem Court fee with a praye..

Category: Civil Law | Date: | Hits: 86

Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)

....order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......ain, the learned Advocate appearing on behalf of the defendant‑petitioner submits that the relief as sought for by the plaintiff in the suit depends upon the proof of his title to the suit land in view of the fact that the defendant has raised a serious question in respect of plaintiff’s title ..

Category: Property Law | Date: | Hits: 59

Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)

....s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ...... of the Ordinance, 1983 the appellate Court committed an error of law in directing re‑election inasmuch as the tribunal and the appellate Court found the petitioner secured the highest votes and in view of such finding it was wrong to hold that the result of the election was not materially affecte..

Category: Election Law | Date: | Hits: 148

Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)

....nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150.......ce under section 438 of the Code of Criminal Procedure to the High Court Divi­sion recommending for setting aside the order dated 12-7-77. 4. The learned Judge in the High Court Division took the view that the order passed by the learned Magistrate attaching the disputed properties and appointin..

Category: Criminal Law | Date: | Hits: 69

Krishna Gopal Bhowmik Vs. Secretary, Ministry of Home affairs, Government of Bangladesh and others, 1978, 7 CLC (AD)

....on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 145. ......man. Since November 7, 1975 the detenu was organising and guiding the secret meettings of the Mujibbadi workers coming from across the border viz. In­dia and those who were inside the country with a view to carrying on activities aga­inst the Government for its overthrew. The detenu used to hold s..

Category: Criminal Law | Date: | Hits: 103

Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)

....r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......angulation. P.W. 8 Dr. Mokbul Hossain held the Post Mortem Examination on the dead body of the victim Hanufa Akhter and found one Ecchymosis size 11/2” X 1/2” on the right side of neck and with a view to ascertain the cause of death he sent the Viscera for chemical examination and on receipt of ..

Category: Criminal Law | Date: | Hits: 112

Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)

....ideration the depreciation of currency or inflation of money, but the trial Court made out a third case that only the purchase value of the cargo-vessels was Tk.5,20,00,000/- and thereupon came to an erroneous finding that appellant No.1 concealed the account of Tk. 1,85,00,000/- in his statement ca......e by the impugned judgment and order convicted and sentenced appellants as stated before. 12. Mr. Abdul Baset Majumder, learned Advocate appearing on behalf of both the appellants, submits that in view of the judgment pronounced by the Appellate Division in the case of Anti-Corruption Commission ..

Category: Criminal Law | Date: | Hits: 108

Chittagong Port Authority and another Vs. M/s. Crete Construction Company Ltd., & another, 1978, 7 CLC (AD)

.... stay. This is also a good ground for not granting stay of the suit. For the foregoing reasons this appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 138. ......r section 34 of the Arbitration Act praying for the stay of the suit invoking the arbitration clause of the termination agreement. 2. The Subordinate Judge rejected the application for stay on the view that the Appellants having failed to reject the claim of Respondent 1 on or before 31-5-76, the..

Category: Alternative Dispute Resolution | Date: | Hits: 161