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Shafiqur Rahman and others Vs. Nurul Islam ChowÂdhury and others, 1982, 11 CLC (AD)
....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. ......me Code, the Sessions Judge when acting under the new section could be treated as an inferior Court as contemplated under sections 435/439 of the Code of CriÂminal Procedure. 5. To determine this question which has assumed some public importance, a compariÂson between the provisions of the afor...... was sought to be revised under section 439. Although the question of maintainabiÂlity of the application under section 439 beÂfore the High Court Division is decided in the affirmative, but in the facts and circumstanÂces of this case I do not think that any useful purpose will be served by remi..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....manded to the trial Court for disposal in the light of the observaÂtion 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.......d decree of the trial Court were set aside and the suit was dismissed on the basis of the aforesaid findings. 6. Special leave was granted by the Appellate Division for considering the folloÂwing questions: (1) whether the High Court Division was correct in holding that the law of estoppel was n......w to the effect that a tenancy of any agricultural land could not be founded on the basis of a Kabuliyat or payment of rent accepted on behalf of the landlord, but exÂpressed a doubt, whether in the facts of the case, the settlement granted in respect of Schedule A lands by the Khas Mahal Office wa..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....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.......ovisions of sections 86 and 87 of the State Acquisition and Tenancy Act. While disposing of the said application by his order dated 24.3.73 the learned Subordinate Judge appears to have gone into the question of the truth or otherwise of the allegations made in the plaint and havÂing held, on the b......after coming into force of Part V of the Act. 50. Now, the provisions of sections 86 and 87 as have been enacted by President's Order Nos. 72, 135 and 137 of 1972 are clearly inapÂplicable to the facts of the suit out of which this appeal arises, inasmuch as there is no asÂsertion in the plaint..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 TribuÂnal 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....... 62. If rule 62 is interpreted in the light of the next rule, namely, rule 63, then it will be abundantly clear that the secrecy of voting is to be mainÂtained up to a certain limit but when it is a question of ascertaining in whose favour those Votes were cast in pursuance of an investigation auth......e is remanded back to the TribuÂnal 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)
....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. ......ourt Division that the nature and character of the suit would be changed by the amendment without elaboration of its finding cannot sustain in law. Amendment is always necessary to determine the real question of controversy between the parties otherwise there is likelihood of croping-up of multifari...... order dated 27.07.2006 passed by the learned Senior Assistant Judge, Bogra in Other Suit No.300 of 2000 allowing an application under Order VI Rule 17 of the Code of Civil Procedure. 2. The facts, leading to the filing of this petition, in brief, are that the petitioners and others institu..Category: Procedural Law | Date: | Hits: 100
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......at since cognizance has not been taken by the Court against the accused petitioners, there is no proceeding pending. He submits that as there is no proceeding pending against the accused petitioners, question of quashment does not arise presently. To support his submission he referred to the decisio......eding under section 561A of the CrPC. In the case of Abdul Quader Chowdhury Vs. State reported in 28 DLR (AD) 33 it has been held: "Interference even at initial stage may be justified where the facts are so preposterous that even on the admitted facts no case can stand against the accused and ..Category: Criminal Law | Date: | Hits: 86
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.......lected Member of the Parliament from the local area, the accused-petitioner Alhaj Salauddin Ahmed might have only recommended for such allotment, 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 ......he accused-petitioner, or any other order passed as to this Court may deem fit and proper. 2. By the said Rule issuing order all further of proceedings of the aforesaid case were stayed. 3. The facts relevant for the purpose of disposal of the Rule are that Mr. Mozammel Haque, Sub-Inspector of..Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....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. ......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. ......eed in the eye of law has got no value and liable to be cancelled under section 39 of the Specific Relief Act. The learned Counsel finally submits that the lower appellate Court after considering the facts and circumstances of the case and also discussing the evidence came to a right and justified f..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. ...... the Negotiable Instruments Act, for lodging the complaint petition. We, therefore, have found no illegality in lodging the complaint petition, in the matter as it has been filed. 14. Now the only question that falls for our determination is, whether a single notice can be issued for dishonour of......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)
....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. ......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. ......h the sweeper and night guard misappropriated 122 bags of rice and the accused persons have been falsely implicated to save themselves. 9. On consideration of the evidence on record as well as the facts and circumstances of the case, the learned Assistant Sessions Judge, Naogaon found the accused..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....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. ...... Law and justice delivery system is the innocence of the alleged accused and till the charges are proved beyond reasonable doubt on the basis of clear, cogent, credible or unimpeachable evidence, the question of punishing the accused does not arise. 22. In a criminal trial, the burden of proving ......al and Ekram might have stolen the IRRI paddy for which the mob assaulted them for which deceased Nazrul Islam might have died. 11. Thereafter, in considering the evidence on record as well as the facts and circumstances of the case, the learned Additional Sessions Judge, Pabna found the accused ..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.
......y a direction should not be given upon the respondents to arrange sufficient rescue equipments necessary in order to save the life of the citizens in case of disaster caused by earthquake.
2. The facts leading to the issuance of the Rule, in brief, are:
Petitioner No.1, Human Rights and Peac..
Category: Constitutional Law | Date: | Hits: 211
Momena Khatun and othÂers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....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.......iation is not a book which can be procured from the book stall or footÂpath to be produced by plaintiffs in Court in prove the fact that Kazi Golam Hossain was the Chairman of defendant No.1. On the question of possession by the plaintiffs learned Advocate submits that plaintiff through natural and......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
....udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
...... the petitioners are not liable to pay the bank liabilities. He argues that it has been vaguely mentioned in the deed of instrument that the property has been transferred with the liabilities. On the question of issuing legal process and its validity and that whether the Artha Rin Adalat had any jur......nd decree dated 14‑5Â-02 (Annexure D) passed by the respondent No. 1 in Title Suit No. 165/01 should not be declared to have been made without lawful authority and is of no legal effect.
2. The facts as stated in the writ petition are that, the petitioner No. 1 Bangladesh Freedom Fighters' Wel..
Category: Property Law | Date: | Hits: 173
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
....examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......order passed by the Additional District Judge is without jurisdiction and (2) the impugned order has been passed by the said Court on non-consideration of the scheduled properties of the Waqf deed in question. 4. In elaborating his first ground Mr. Rahman submits that the Additional District Judg......examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ..Category: Trust/Waqf Law | Date: | Hits: 153
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.......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.......ge-sheet, statements of witnesses under section 161 of CrPC, we are of opinion that there is no sufficient ground for proceeding against the accused in this case. The Tribunal without considering the facts and circumstances and materials on record and applying its judicial mind to the provision of s..Category: Criminal Law | Date: | Hits: 64
Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)
....ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ...... informant that they had been doing Hundi business, this statement itself is not sufficient to make an allegation against them for committing offence under the above section and, in view of the above facts, first information report discloses no offence. Therefore, the continuation of the proceedings..Category: Criminal Law | Date: | Hits: 70
....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.
......r Ahmed with Md. Nurul Huda, Advocates ‑ For Respondent No. 2.
Writ Petition No. 2698 of 1998.
Judgment
Md Awlad Ali J. - This Rule arises out of an order dated 31‑3‑1998 deciding the question of jurisdiction of the Labour Court and also the judgment dated 4‑8‑1998 passed by the ......‘3‑1998 deciding the question of jurisdiction of the Labour Court and also the judgment dated 4‑8‑1998 passed by the Labour Court, Rajshahi in Complaint Case No. 4/97.
2. Briefly stated, the facts are that the respondent No. 2 Md. Jamaluddin filed Complaint Case No. 4/97 under section 25(1)..
Category: Labour and Industrial Law | Date: | Hits: 188
National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)
....€‘3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624.......€‘3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624.......of the Act. Section 109 provides for cognizance of offences which runs as under: "No Court inferior to that of a Magistrate of the First Class shall try any offence under this Act." 5. From the facts of the case, it is found that the respondent by different letters insisted for amendment of Ar..Category: Business or Commercial Law | Date: | Hits: 271
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....... ‑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.......extended again till disposal of the Rule on 25‑6‑2003 by suppressing the nonÂsubmission of the copy of notice which is illegal and thus the Rule has become in fructuous. He then submits that the facts and circumstances of the present case in no way comes under the mischief of section 344 of the..Category: Criminal Law | Date: | Hits: 71
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