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Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
.... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ......cidental slip or omission may at any time be corrected. (emphasis added) Hence the rejection of the plaint on the ground of limitation cannot be sustained. In this regard reference may be made to the decision in the case of Chaganty Katamraju Vs. Madavarappu Paripurnanandain reported in AIR 1949 (Ma..Category: Property Law | Date: | Hits: 61
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......Judge. 13. Now let us see whether the prosecution has succeeded in proving the allegation levelled against the accused appellant and whether the learned trial judge committed any illegality in his decision convicting the said appellant. 14. To prove the charge, the prosecution has examined 12 ..Category: Criminal Law | Date: | Hits: 54
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......tate is presumed to be the aggrieved/affected party and that this application at the instance of the informant is, therefore, not maintainable. In this connection the learned Advocate referred to the decision in the case of Kanhaiya Vs. Kashi Nath Tewari and others, reported in 1979 Criminal Law Jou..Category: Criminal Law | Date: | Hits: 82
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208.......of fact and evaluation of evidence on record are not within the scope of the present forum and the case may be sent on remand to the appellate Court giving opportunity to the party to make conclusive decision in the matter. 8. On hearing the submission of the learned Advocates and on going throug..Category: Criminal Law | Date: | Hits: 39
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......affidavit, submits that duly authorised attorney of the Bank can always file the petition of complaint on behalf of the Bank which has become a settled principle of law. In this connection he cited a decision reported in 11 BLT (AD) 149 (Hasibul Bahar Vs. Gulzar Rahnian and another). He further subm..Category: Banking Law | Date: | Hits: 237
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......s requirement under section 494 of the Code of Criminal Procedure is not necessary for withdrawal of a case before a Special Judge under the Act. In support of this submission, he has referred to the decision in the case of Tashinuddin Talukder Vs. State 25 DLR 174. The next emphatic submission made..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ...... statement and in that view of the matter, the learned Additional Sessions Judge has committed error of law in treating PW 2 as an approver in the case. In support of his contention he has cited some decisions. 24. Before considering the points canvassed by the learned Counsel for the condemned p..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......ails of death is foreign to the ambit and scope of proceeding under section 174 of The Code of Criminal Procedure. 39. Before adverting to the authorities placed it is profitable to observe that a decision is only an authority for what it actually decides. Every Judgment must be read as applicabl..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ......wered to give any relief to the petitioner though apparently it seems to be a case of the Terms and Conditions of the service of the petitioner. In this respect the learned Advocate has relied on the decision of the case of Muftbur Rahman Vs. Government of Bangladesh reported in 44 DLR (AD) 111; Jun..Category: Employment/Service Law | Date: | Hits: 116
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......d Counsel further contended that as the High Court Division did not enter into the merit of the matter, ends of justice demands that the matter should be remanded to the High Court Division for fresh decision. 5. We have perused the judgments of the Courts below and that of the High Court Divisi..Category: Property Law | Date: | Hits: 48
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....retation that is required to be given to such legislation. The tendency of modem legislation is to lay down general principles and avoid giving administrative details. The necessity for delegation of legislative power to a public department or executive body lies in the fact that the Parliament has ......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250...Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......ut it cannot be an insurmountable obstacle in the way of rectifying an order which tends to disclose miscarriage of justice. It was further held: Relevant considerations governing the court’s decision in granting anticipatory bail under section 438 are materially different from those when an..Category: Criminal Law | Date: | Hits: 79
....and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
......tioner rejected the prayer for release by the impugned judgment and order dated 07.09.1997 and hence the writ petition.
4. The High Court Division discharged the Rule observing that in view of the decision of the Appellate Division in the case of Rawshan Ara Begum Vs. Secretary, Ministry of Works..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
.... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ......dence Act. And to find support to his contention he has referred to the case of Mustafa Kamal Vs. Commissioner of Customs reported in 52 DLR (AD) 1. More specifically he refers to paragraph 18 of the decision. Paragraph 17 reads as follows: “17. Having heard both sides in extenso we are of t..Category: Fiscal/Taxation Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379....... the petitioner before them because there is finality of the order in respect of him. If a litigant who moves the Sessions Judge under section 439 A, or if the Sessions Judge makes a final order, the decision of the Sessions Judge thereon in relation to the petitioner is final in view of sub-section..Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......the case of the Revenue before the Joint Commissioner of Taxes or before the Appellate Tribunal and when it has been admitted that the respondent was established for charitable purposes following the decision given in the aforesaid reference applications by this Court we hold that the Tribunal has n..Category: Fiscal/Taxation Law | Date: | Hits: 99
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149.......stant Judge erred in law in passing the impugned order holding that the issues involved in the two suits are not directly and substantially the same and the same has resulted in error in the impugned decision occasioning failure of justice. Mr. Islam further submits that the learned Assistant Judge ..Category: Property Law | Date: | Hits: 57
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......ing that the plaintiff Khairunnessa was entitled to inherit the leasehold right in the said shop as it now well settled by the Appellate Division in the case reported in 44 DLR (AD) 1 over ruling the decision reported in 32 DLR (AD) 170 that monthly tenancy is heritable. 19. In this background of..Category: Property Law | Date: | Hits: 116
....efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136....... any reason as to why they differed with findings and recommendations made by the Enquiry Officer. Mr. Md. Nawab Ali the learned Advocate appearing on behalf of the petitioner, has placed before us a decision of Mir Alauddin Ahmed Vs. Province of East Pakistan reported in 26 DLR 27 wherein it has be..
Category: Employment/Service Law | Date: | Hits: 72
State Vs. Mukta Khan and another, 2011, 40 CLC (AD)
....ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ...... arrest or harass nor disturb in any manner does not fall within the ambit of Code of Criminal Procedure or any other law for the time being in force. In support of his submissions, he referes to the decision in the case of State Vs. Zakaria Pintu, 62 DLR (AD) 420. 3. A.K.M. Shahidul Haque, the l..Category: Criminal Law | Date: | Hits: 55
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