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Kabir and others Vs. State, 1991, 20 CLC (HCD)
.... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ...... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......ed from the house of one Ishaque and the same is said to have been recognized through a TI parade and that piece of saree has not been produced in Court or proved by any evidence. Thus in view of the facts that there is no evidence or even any proved circumstance to connect the aforesaid 3 other acc..Category: Criminal Law | Date: | Hits: 76
Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 1993, 22 CLC (HCD)
....ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ......ik Somily and others Vs. Harisadhan Das Barman, Advocate and ors of this Court in which the decision of this Court has been affirmed by the Appellate Division in Civil Petition No.358 of 1992. So the question of the jurisdiction of the District Judge to pass an ad interim order pending disposal of t......ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ..Category: Civil Law | Date: | Hits: 87
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
....against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ......in the mischief of Section 6 of Act I of 1956 and his conviction and sentence under the said section, 6 of the Control of Essential Commodities Act, 1956 cannot be sustained in law at all. 9. Next question is whether the prosecution has been able to prove the case against the appellant beyond a......isposing of the same rationed paddy by or under any such law look place in between accused persons or any other persons concerned. 13. We have carefully considered the evidence on record and the facts and circumstance of the case, but we do not find that the alleged paddy has been definitely pr..Category: Criminal Law | Date: | Hits: 74
Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)
....sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ......sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ......abila witnesses. The process appears to have been served on Harmohon's refusal by affixing a copy on his outer door. The service return contains a declaration made by the process server as to the facts of the service. 6. P.W.1 Kalipada Das, son of the original defendant Hara Mohan Das, has de..Category: Procedural Law | Date: | Hits: 65
Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ......t cannot be said that the learned Judge has fallen into an error in refusing the permission to sue afresh. He has however contended that the suit itself being barred by the Election Laws there was no question of permitting the plaintiff to vex the defendants again. 5. There is no dispute whatsoev......awal has affected the merit of his decision which has caused failure of justice. It may also be mentioned that the defendant's prayer for rejection of the plaint still remains indisposed of. In the facts and circumstances of the case the whole mailer may be sent back to the learned Assistant Jud..Category: Election Law | Date: | Hits: 206
....e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
......o the appropriate authority or to move the Court at once.
4. In case of preventive detention where order containing grounds of detention has been served on the detenu within the prescribed time, a question arises whether this Court should pronounce its decision or has to wait till the Advisory ...... and 4 others to show cause why the detenu Philip Reginald Cunningham should not be released from custody on the ground that he has been detained illegally and without any lawful authority.
2. The facts of the case are that petitioner Dr. Md. Habibullah is a citizen of Bangladesh and the local ..
Category: Criminal Law | Date: | Hits: 108
Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)
....nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ......the Special Powers Act as well as under the Constitution to be communicated to the detenu concerned. From a bare and plain reading of the provisions of the Special Powers Act, 1974 and the Article in question of the Constitution, it is clear that whatsoever reasons or even grounds stated in the init......hich the order has been made, and shall afford him the earliest opportunity of making a representation against the order: Provided that the authority making any such order may refuse to disclose facts which such authority consider to be against the public interest to disclose." And Article..Category: Criminal Law | Date: | Hits: 60
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......peal to the Appellate Court. 6. Section 412 of the Code provides that an accused that has pleaded guilty to the charge and has been convicted on such plea is considered to have waived his right to question the legality of the conviction; he can only question the extent or legality of the sentence......f a convicted accused is taken away if the Court has accepted the plea of guilty and convicted him on such plea. The plea of guilty, which an accused person enters in a case, has to be related to the facts of the prosecution case as stated against him and as disclosed in the accusation. The principl..Category: Criminal Law | Date: | Hits: 73
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......ttled that this Court in exercise of its jurisdiction under section 561 A of the Code may quash a proceeding including the judgment and order of conviction and sentence passed therein in cases of (a) facts not disclosing any offence, (b) coram‑non‑judice, (c) bar of law, (d) lack of legal eviden..Category: Criminal Law | Date: | Hits: 87
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......sented the above appeal against an order dated 07‑09‑99 passed by Subordinate Judge, Court No. 2 at Noakhali in Miscellaneous Case 19 of 1996, which rejected a prayer for pre-emption. 2. Short facts for disposal of the appeal are that, on 15‑09‑96 the preemptors made an application under ..Category: Property Law | Date: | Hits: 71
Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)
....e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281.......e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281.......l trial of a case cannot be had in any Criminal Court subordinate to it, party concerned who moves the High Court Division under section 526 of the Code must necessarily show by specific and definite facts the truth of allegation or apprehension in above regard. Unless the truth or basis of the appr..Category: Criminal Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......e suit land. Then the plaintiff made a search and after obtaining the certified copy of the sale deed came to know definitely about the same. The plaintiff never executed and registered the kabala in question and the same was created in collusion with the deed writer taking the advantage of the sign......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ..Category: Property Law | Date: | Hits: 80
Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
....ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ......ld not point out in this case where the authority did not apply their mind, rather in the said cited decision it has been held that the employers power to discharge an employee from service cannot be questioned. He also cited the case of Bangladesh Small Industries Corporation Vs. Mahbub Hossain Cho......er could agitate any law point. He further submits that the Appellate Court being the last Court of fact, the submissions made by the learned Advocate for the plaintiff petitioner are relating to the facts and revisional Court should not enter upon and assess such evidences relating to the facts. He..Category: Employment/Service Law | Date: | Hits: 96
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
....rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......ion until the Commissioner Reports was disposed of. Against said order, the plaintiff moved this Division under section 115(4) of the Code of Civil Procedure and obtained the above Rule. As the question raised both in appeal as well as in revision is the same between the same parties over the ......eal as well as in revision is the same between the same parties over the same works, we heard both of them together and now dispose of by this order. The parties have filed number of affidavits of facts annexing number of papers by this time. 10. Facts which do not admit of any controversy are..Category: Civil Law | Date: | Hits: 73
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......a widow having life interest can also alienate property for religious or charitable purpose as enumerated in Clauses (I)‑(IV) of section 181 A of the Hindu Law. In the instant case, the transfer in question was made by the deceased donor in favour of the donees on account of payment of debt of her......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468...Category: Property Law | Date: | Hits: 65
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ......ed for termination and dismissed the writs. 37. In Managing Director, Rupali Bank Vs. Tafazzal Hossain, 44 DLR (AD) 260 a suit by a cashier of the bank against termination leave was granted on the question of coram non judice. The suit was decreed. The Appellate Division however, set aside the de......others, 48 DLR (AD) 62; 10. General Manager, Sonali Bank and another Vs. Md Abul Khayer and others, 2 BLC (AD) 88; and 11. Rupali Bank Ltd. Vs. Md. Arab Ali and others, 7 BLC (4D) 1. 17. The facts of the case are not disputed. On 19‑12‑77 the plaintiff joined the Uttara Bank, Sylhet bra..Category: Employment/Service Law | Date: | Hits: 174
....urt, however, is directed to dispose of the concerned suit expeditiously.
Communicate this order to the concerned Court immediately.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 749....... be void and set aside.
8. We have quoted the reliefs prayed for in the plaintiff suit. The prayers (a) and (b) relate to declaration and the prayers (c) to (e) relate to permanent injunction. The question before us is that where in a suit of the nature involved in the instant suit the plaintiff ......roposition of law laid down in the aforesaid decisions cited by Mr. Syed Ishtiaque Ahmed, the learned Advocate for the petitioner. He however, submits that each case will have to be considered on its facts, Mr. Aminul Hoque, the learned Attorney-General, submits that the company is a private limit..
Category: Company Law | Date: | Hits: 181
....' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
......' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
......n of the Government through different allottees. The petitioner after long 13 years of the alleged deed of agreement filed the suit for specific performance of contract in suppression of all material facts and obtained the ex parte decree against the alleged executant of the Bainanama and the sale d..
Category: Property Law | Date: | Hits: 81
Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ......led by the plaintiff are taken up for hearing together inasmuch as the decision of the application for arrest will govern the decision of the application for injunction. 2. Mr. M Hafizullah raised question of maintainability of the application for arrest of the vessel ‘MT Dolores’ on the gr......he owner. Drawing my attention to this paper he submits that this gives rise to a cause of action for the present suit for breach of contract for non‑delivery of the cargo of the plaintiff and such facts as have been stated in the plaint this Court has jurisdiction to try the suit. Dr. Kamal Hossa..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......2‑2003 calling upon the respondents to show cause why the said resolution should not be declared to have been taken or made without any lawful authority. Subsequently, having come to learn some new facts and with a view to avoiding future complications, an application was filed and moved for issua..Category: Civil Law | Date: | Hits: 63
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