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....ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
...... the Ain, 2003.
14. Mr. Khan lastly submitted that since the defendants in their written statements denied claims of the plaintiff bank, the Adalat is required to frame issues under section 13 in view of the pleadings and affidavits of both sides, even if they are absent, and therefore the expar..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ......Magistrate and P.W 20, the investigating officer and the statement of accused-Ashraf Ali before the Court at the time of examination under section 342 of the Code of Criminal Procedure, we are of the view that the exhibit-5, the confessional statement is not true and voluntary one and the Magistrate..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......e on record. These facts in the evidence on record lend support to defence version of the case that they have been implicated in a concocted case at the instance of their rival businessmen. 32. In view of the discussions made above and on consideration of the facts, circumstances and evidence on ..Category: Criminal Law | Date: | Hits: 75
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......cifically in the written statement long back and that as no order was passed directing the defendants to rile interrogatories the application under Order 11 rule 21 CPC is not maintainable. 15. In view of the provision of law and decision referred above I find no illegality in the impugned order ..Category: Procedural Law | Date: | Hits: 68
.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
......August, 1926 for the purpose of establishment of a charitable Trust to be named "Hemendra Lal Homocopathic Databya Chikitshalaya" to commemorates the memory of his departed son and with that end in view he constructed a building in a portion of the said property appointing himself as the first tru..
Category: Trust/Waqf Law | Date: | Hits: 183
....answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
......, and as such, the applicant as a successor in interest to the Government was entitled to depreciation in accordance with law under section 10(2) (vi) of the Act for the period in question."
2. In view of our judgment in application No.45 of 1985 we also hold that for the assessment year 1973‑7..
Category: Fiscal/Taxation Law | Date: | Hits: 139
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......jected by the learned Judge of the Special Tribunal No.1, Chittagong. The second F.I.R. having been instigated without following legal procedure, the subsequent investigation and charge-sheet, in our view is without any legal basis. 14. It appears to us that the second F.I.R. was lodged in a vind..Category: Criminal Law | Date: | Hits: 83
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ......ommitted an error in noting the order of abatement inasmuch as the heirs of deceased plaintiff are already on record. He lastly submits that, in fact, the second application for transposition was a review application to review the order passed on the basis of first application as filed by the petiti..Category: Limitation Law | Date: | Hits: 219
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
.... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ......petitioner before the High Court Division. There was also no affidavit filed by the writ petitioner denying such allegations of forgery and interpolation in Annexure-E to the writ petition. 12. In view of the alleged forgery and interpolation and such allegations having not been denied or controv..Category: Employment/Service Law | Date: | Hits: 58
.... ‘L’, but has stated that it was compelled to file the writ petition, and bona fide thought that the order of the learned Assistant Judge dated 31.10.90 rejecting the plaint being an improper and erroneous order, it would be "cured before the Learned Assistant Judge by filing an application" and......ubrata Chowdhury, Advocate ‑ For the Respondent.
Writ Petition No.5 of 1991.
Judgment
Mainur Reza Chowdhury J.- This is a petition by Khapan Bittahin Co‑operative Society Limited for review of the judgment and order dated 7.5.91 passed by this Court making the Rule absolute Writ Petit..
Category: Civil Law | Date: | Hits: 87
....ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498.......itution according to which "Law" means any act, ordinance, order, rule, regulation, bye‑law, notification or other legal instrument, or any custom or usage having the force of law in Bangladesh. In view of the definition of law as given in Article 152 the contention of the learned Advocate for the..
Category: Property Law | Date: | Hits: 79
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......ht be expected to follow therefrom.” 23. This principle was reiterated in the case of Coco-Cola Co. of Canada Ltd., AIR 1942 PC 40, where their Lordships in most categorical terms expressed the view that no judgment which was not inter parties or the one to which neither the plaintiff nor the ..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....Director and Managing Director of the Company and the Registrar was fully empowered to see the same, but the High Court Division failed to consider this factual and legal aspect of the case and on an erroneous approach of the case declared the impugned notice to have been issued without lawful autho......tor lawfully, the Registrar is authorized to make such investigation as may be found necessary for proper discharge of his duties and as such, section 193(6) contemplates conducting of hearing with a view to consider a member’s application seeking re-instatement as a Director in order to find out ..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......ion has totally ignored that aspect of the matter and on misconception of fact and law held that the writ petitioner has accrued a valuable right which cannot be taken away in an arbitrary manner. In view of the above, we find merit in this appeal. The appeal is, therefore, allowed without any o..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......ed on merit of the case as is in this case." 25. The findings of Hon'ble Appellate Division are bindings upon the High Court Division and as such, we have also no other alternative but to hold the view given by the Hon'ble Appellate Division in the above mentioned case and as such, we also hold t..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....uq, the learned Attorney-General, on the other hand, has contended that the petitioner was never a citizen of Bangladesh and the argument of the learned Advocate for the petitioner is based upon an erroneous assumption and supposition that the petitioner is a citizen of Bangladesh by operation of ......Military Junta during the war of liberation, we do not find anything that the petitioner was in any away directly involved in perpetuating the alleged atrocities during the war of independence. In my view, none of these reports is of any help for solving the legal question raised before us in this m..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......ase was not maintainable for any remedies under Order XXI rule 32 of the Code of Civil Procedure. For these conflicting decisions the learned Single Judge made this reference to resolve divergence of views by a larger Bench. The learned Chief Justice, however, sent the revision case to this Bench fo..Category: Civil Law | Date: | Hits: 100
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......ned Advocate appearing on behalf of the petitioner, submits that he has invoked the inherent powers of the High Court Division as contemplated by section 561A of the Code of Criminal Procedure with a view to quashing the proceedings of ICT-BD Miscellaneous Case No.1 of 2010 pending before the Tribun..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......of the People's Republic of Bangladesh. 2. The petitioners are learned Advocates of the Supreme Court of Bangladesh and filed the instant application as a Public Interest Litigation (PIL) with the view to uphold the "Supremacy of the Constitution "and "Rule of Law" for ensuring independence of th..Category: Constitutional Law | Date: | Hits: 228
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ......n on 24-3-2005 the impugned Memo of Respondent No.3 dated 31-1-2005 in fact constitutes a report by the Respondent No.3 under Section 4(3) (b) of the Ordinance addressed to the Respondent No.2 with a view to enabling the Respondent No. 2 to make a final decision regarding an acquisition under Sectio..Category: Property Law | Date: | Hits: 104
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