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Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ...... Code before the learned Sessions Judge is maintainable inasmuch as refusal to take cognizance of the offence against some of accused persons amounts to dismissal of the complaint against them. The view of ours find support from the case reported in 1987 BCR 244 (R 247) where in a similar case the..Category: Criminal Law | Date: | Hits: 89
Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)
....petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ......ibchar, District Madaripur by orders contained in Annexures 'H' and H(1) dated 1.9.87 asked the petitioners, Rezaul Karim (Talukdar) and Golarn Gaffar to deposit their aforesaid guns with licences in view of the aforesaid order of the District Magistrate, Madaripur. The two petitioners deposited the..Category: Constitutional Law | Date: | Hits: 174
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ...... page 52. In paragraph 8 it was observed as follows: "8. The failure to comply with the requirements of sub‑section (1) to the said section thus shall be visited with penal consequences. In that view of the matter, in my opinion, the said sub‑section has to be construed strictly (See AIR) 52 ..Category: Criminal Law | Date: | Hits: 89
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....tion case must fail. The learned Advocate continues to urge that this aspect of the matter escaped the notice of the 1st appellate Court and thereby the Court committed error in law which resulted in erroneous decision occasioning failure of justice. 9. In reply to this contention, Mr. Mansur Hab......shows that it was executed on 2.7.77 and on the date of execution, right, title and interest of the disputed land stood conveyed in favour of the donees and nothing was left to be pre‑empted and in view of this fact the pre‑emption case must fail. The learned Advocate continues to urge that this..Category: Property Law | Date: | Hits: 81
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ...... behalf of the complainant before the High Court and addressed either to the Court or pleader for the complainant, different considerations would have arisen and it may have been possible to take the view that the information contained therein had the stamp of authenticity." 14. In the case befor..Category: Criminal Law | Date: | Hits: 84
....se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored.
There will be no order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 98.......equently, it cannot be ascertained whether the defendant Nos 3‑4 are bonafide purchasers of the same land as the plaintiffs had contracted to purchase from the defendant Nos.1 and 2.
15. In this view of the matter, there is no difficulty in decreeing the suit for specific performance of contrac..
Category: Procedural Law | Date: | Hits: 59
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
.... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96.......ahman, the learned Advocate appearing for the petitioners, submits that the learned Court below committed an error of law in rejecting the application for framing issue on law point alone and that in view of Order 14 rule 2 of the Code of Civil Procedure, the learned Judge ought to have framed issue..Category: Procedural Law | Date: | Hits: 62
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......e that information carried to the police by somebody is the first information report within the meaning of section 154 of the Criminal Procedure Code and all subsequent information fall within the purview of section 161 CrPC. No such 'Information' was recorded in the general diary, but the Daroga ap..Category: Criminal Law | Date: | Hits: 110
....ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407.......sition. So far the broad facts are concerned there is no serious denial of the same in the affidavit‑in‑opposition. The respondent No.2 has contended that the writ petition is not maintainable in view of Bangladesh Krishi Bank Order No. 27 of 1973 i.e. PO 27 of 1973 that the petitioner has made ..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....ecretary, Ministry of Finance and others Vs. Mr. Md. Masdar Hossain and others reported in 21 BLD (AD) 126 this Division observed that- “a review is by no means an appeal in disguise whereby an erroneous decision is re-heard and corrected. A review lies where an error apparent on the face of t......adesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others…Respondents Judgment June 2, 2011. Result: The review petition is dismissed. Cases Referred to- Secretary, Ministry of Finance and others Vs. ..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
.... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386.......hat this application being a repetition of the same and similar prayer for quashment of the proceeding made in the application once rejected entertainment of the same application will tantamount to review of its earlier order by the High Court, which is outside the jurisdiction of High Court to do. ..Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
.... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ......nt it is patent that the cause of action accrued from 11.8.72 before the parties have gone on issue or the pronouncement of judgment. The defect of prematurity, therefore, was fully cured and in this view of the matter the decision of the High Court cannot be maintained". 5. Mr. Sinha, the learne..Category: Property Law | Date: | Hits: 89
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ....... 8. A Division Bench of the Dhaka High Court (Ibrahim and Chakraborty, JJ) following the decision in the case of High Commissioner for India and Pakistan Vs. IM Lall as aforesaid and noticing the view of Cornelius, J in the case of Yusaf Ali Khan Vs. Province of Pakistan mentioned above and the ..Category: Employment/Service Law | Date: | Hits: 71
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ...... and Sharmin Sultana (Sathi). 6. Mr. Mohammad Hossain, learned Advocate appearing on behalf of the petitioner, submits that the allegations brought against the petitioner do not come within the purview of misconduct as defined in section 11 of the Muslim Marriages and Divorces (Registration) Act,..Category: Civil Law | Date: | Hits: 128
.... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
......st Court Khulna decreeing Title Suit No.26 of 1992 and said the judgment and decree was affirmed by the High Court Division in F.A. No.29 of 1996, thirdly, the suit was barred by law of limitation in view of the provisions of section 46 of the Artha Rin Adalat Ain, 2003.
6. Being aggrieved and d..
Category: Civil Law | Date: | Hits: 217
....ourt of appeal has not independently assessed the evidence on record for itself as the last court of facts and without reading the evidence properly interpreting the evidence adduced in the case, has erroneously affirmed the judgment and the decree passed by the court below. Besides the appellate co......x receipts (exhibit-6 series), all of which proves continuous and uninterrupted possession on the defendant since the time of C.S Record, the land being the khash land.
20. As such, we are of the view that, in passing the impugned judgments and decrees, instead of declaring any right, title or o..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......r, to disobey the order of this Division willfully and deliberately. She also contended that the files were initiated and at once sent to the Ministry of Commerce for taking immediate action. In that view of the matter, the respondents pray that the instant proceeding of contempt of Court should be ..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......er of the Chairman of the petitioner, namely one Dr Tureen Afroze used to serve as a panel lawyer of the BERC. Having been appointed as the Chairman of the BERC, the respondent No. 2 proceeded to review the tenure of its various personnel including that of the lawyers. On such review, the BERC dec..Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ...... It is true that the Bangladesh Sports Council is a local authority (as defined in section 3 (28) of the General Clauses Act, 1897) within the meaning of Article 102(2)(a)(ii) of the Constitution (in view of the provision of Article 152(2) of the Constitution) because it is a statutory authority set..Category: Constitutional Law | Date: | Hits: 165
....made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357.......titioner‑company, that there was no relationship between the employer and employee and that the case filed by Abul Hossain is not maintainable as it has been instituted falsely and mala fide with a view to make unlawful gain.
4. It appears from the order‑sheet of the Labour Court that after t..
Category: Labour and Industrial Law | Date: | Hits: 124
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