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Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
....d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......some of them signed their names thereto. In cross, he admitted that he recorded the confessional statements of the accused persons in his chamber-after observing all the formalities as provided under law. He claimed that on 6-8-88 he recorded the confessional statements of accused Abu Bakar Siddique..Category: Criminal Law | Date: | Hits: 70
Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)
....rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ......of the fact that the petitioner duly served the interrogatories upon the plaintiff detailing the names of 36 persons as necessary parties in the partition suit, the learned Subordinate Judge erred in law in subs exempting the plaintiff from making them parties to the suit and the same has occasioned..Category: Procedural Law | Date: | Hits: 67
Tahmid Ahmed Vs. Jalaluddin Jafar Ali Husein, 1999, 18 CLC (HCD)
....ise closed and concluded by a proper hearing, vide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483.......t has jurisdiction to review its own order dated 7-2-1999 and whether the present application for review is maintainable. 9. The power of review by a Court is not inherent. It must be conferred by law specifically or by necessary implication. Jurisdiction for review being a creature of statute or..Category: Company Law | Date: | Hits: 186
Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)
...., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479.......zrat Malek Shah Pir Yeameni (R) Mazar Waqf Estate and appointing respondent No.3, Deputy Administrator of Waqfs (1) as official Mutawalli (Annexure-F) should not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner, after placing th..Category: Trust/Waqf Law | Date: | Hits: 142
Shaikh Jahangir Hossain Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ......el any tender without assigning any reason. 4. At the suit the learned Judge considered the following issues: (i) Is the suit maintainable in its present form? (ii) Is the suit barred by the law on limitation? (iii) Is the impugned order dated 4‑8-1992, rejecting the tender, withou..Category: Civil Law | Date: | Hits: 82
Almas Miah Vs. State, 2002, 31 CLC (HCD)
....ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ...... average intelligence that it was counterfeit or forged, nor any such question was put to the accused during trial, the conviction and sentence of the accused under the section cannot be sustained in law. Cf. AIR 1979 SC 1705. 13. Even when an uneducated rustic citizen in usual course of daily li..Category: Criminal Law | Date: | Hits: 87
Nazrul Islam Vs. State and others, 2002, 31 CLC (HCD)
....monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ......posite parties to show cause as to why the detenu Advocate Md. Matiar Rahman should not be brought before this court so that it may satisfy itself that the detenu is not being held in custody without lawful authority or in an unlawful manner or such other or further order or orders passed as to this..Category: Criminal Law | Date: | Hits: 69
Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
....Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572.......etitioner No.2 (annexure-L to the writ petition) refusing re-fixation of the pay scale of the writ-petitioner to the scale of the driver of the Supreme Court of Bangladesh to have been issued without lawful authority and is of no legal effect and also for direction upon the present petitioners (re..Category: Employment/Service Law | Date: | Hits: 86
....all file the concise statement to make the appeal ready for expeditious hearing.
The appeal is fixed for hearing on 23rd August, 2011.
Ed.
This Case is also Reported in: VIII ADC (2011) 567.
......counsel for the respondents also deserved scrutiny. Hence, leave is granted to consider the following grounds as proposed on behalf of the petitioner:
I. Whether the High Court Division erred in law and upon the facts in passing the impugned judgement and order since it failed to appreciate tha..
Category: Company Law | Date: | Hits: 366
....e on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave petitions are summarily dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 562.......t Division in Writ Petition Nos.7911 of 2010, 4780 of 2010, 8492 of 2010, 8735 of 2009 and 8734 of 2009 disposing of the Rules.
2. The above mentioned writ-petitions involving similar questions of laws and facts have been heard together and as such are being disposed of by this common judgment.
..
Category: Employment/Service Law | Date: | Hits: 66
Abu Sayeed Sheikh and others Vs. Md. Majibur Rahman and others, 1998, 17 CLC (HCD)
....receipt of this order. The order of stay granted earlier by this Court stands vacated. Send down the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289.......petitioners moved this Court and obtained the present Rule. 2. Mr. Abdul Khaleque, the learned Advocate appearing for Mr. SS Halder on behalf of the submits that the court of appeal below erred in law in making the order of remand completely ignoring the provision of Order 41 rule XXIII of the Co..Category: Property Law | Date: | Hits: 75
Zenith Packages Ltd. Vs. Member, Labour Appellate Tribunal and others, 1999, 18 CLC (HCD)
....he Rule is discharged with cost of Taka 5,000.00 (five thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284.......respondents to show cause as why judgment and order dated 22-11-98 passed by the respondent No.1 in Interpretation Case No. 30 of 1998 (Annexure-3) should not be declare to have been made without any lawful authority and of no legal effect. 2. After placing the petition and impugned Judgment lear..Category: Labour and Industrial Law | Date: | Hits: 168
Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)
....t within sub-section (1) (a) of the section.” 10. Similar view has been expressed in the case of Abdul Noor alias Nur Meah Vs. State reported in 9 DLR 633. 11. It may be mentioned that by the amending Act Criminal Law Amendment Act (XXXVII of 1953), proviso to section 3 of the Act was omitte......mentioned herein before. 6. Learned Advocate for the petitioner submits that proceeding in question was illegal since the same was initiated upon a report submitted by an officer not authorised by law. He further submits that investigation of the case ought to have been stopped in view of the pro..Category: Criminal Law | Date: | Hits: 75
Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)
.... to surrender to their bail bonds immediately to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278.......ike the previous years the complainant sowed Gabara and Nyatpasha paddy in the case land and it grew well and became ripe for harvest. At about 9-00 AM on 21-11-92 the accused persons by forming an unlawful illegally trespassed into the case land and dishonestly cut and took away the ripe Gabura pad..Category: Criminal Law | Date: | Hits: 73
AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)
.... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274....... 4. On 6-5-1990 petitioner filed an application under section 241A of the Code of Criminal Procedure with the prayer of discharging him from the proceeding contending, inter alia, that provision of law as in the Act is applicable only in respect of ‘public servant’ and that the provisions of t..Category: Criminal Law | Date: | Hits: 62
Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)
....appeal like the complainant and both of them right of appeal on the grounds of error of fact as well as law and revisional court also power to convert a finding of acquittal into one of conviction by amending the above provisions as there is no jurisdiction for restricting the appeal by the complain......efence case so much so that P.W.13 stated contrary to the evidence collected during the investigation that he noted in the charge sheet that victim Tamizuddin died in his own courtyard. 12. Common law adversarial system of administration of criminal justice prevailing in our country since British..Category: Criminal Law | Date: | Hits: 64
.... of vested right we find from a decision in the case of Bangladesh Vs. Azizur Rahman reported in 46 DLR (AD) 19 paragraph 17 as follows:
‘a vested right created by Statute could by taken away be amending or repealing the Statute.’
In view of the above observation of the Appellate Division ......ointment of Nikah Registrar directly without the applications being processed through the District Advisory Committee and, as such, appointment of the concerned respondent of that Rule is without any lawful authority. In this Rule and some other Rules appointment of the respective respondent as temp..
Category: Civil Law | Date: | Hits: 89
Abdul Karim Vs. Gousddin and others, 1998, 27 CLC (HCD)
....gistrar of this Court within 1(one) month from the date of receipt of the copy of this order. Communicate the order to the Court below. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 259.......rstand how he could be dispossessed from the disputed property since he has authority to arrest anyone and send him to Jail and also prosecute him for committing a cognizable offence or for violating law and order. It is apparent from the conduct of the OC that he is siding with the second-party and..Category: Criminal Law | Date: | Hits: 65
Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)
.... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252.......lant contended that lodging of FIR with the Palong PS and conducting of investigation by an officer of said PS in respect of an offence committed within the Naria PS was illegal he could not show any law in support of his contention except the provision of section 177 of the Code of Criminal Procedu..Category: Criminal Law | Date: | Hits: 73
....without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248.......SS/S-11/896(1) dated 11-4-94 (Annexure “I”) arising out of an order contained in notification No.S-IXIE-38/84-515 dated 18-6-84 (Annexure “D”) should not be declared to have been made without lawful authority and to be of no legal effect and why a direction should not be issued upon the resp..
Category: Employment/Service Law | Date: | Hits: 73
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