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Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)
.... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299....... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299.......ing charge sheet and after hearing the accused and the prosecution can discharge the accused persons. Therefore, we do not find any reason to quash the instant criminal case by involving our inherent jurisdiction under section 561A Cr.P.C. as the Code under section 265C provides for an alternative r..Category: Criminal Law | Date: | Hits: 83
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......usband and wife; kabinnama mentioned in the plaint is collusive and forged: though both the parties are residents of PS Chouddagram, the marriage was solemnised and registered within PS Barura in the absence of any of the relations of the bride; the affidavits allege sworn in by the bride before the......sue the wife for restitution of conjugal rights (section 281). The Family Court Ordinance, 1985 (Ordinance No. XVIII of 1985) came into force on 30-3-85 and section 5 of the said Ordinance deals with jurisdiction of the Family Court as follows: “Section 5. Jurisdiction of the Family Courts.— ..Category: Family Law | Date: | Hits: 166
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ......casion.” 16. Marriage is legally contracted by a declaration made by one contracting party being followed by a corresponding acceptance from the other. 17. If the marriage is otherwise valid, absence of written kabinnama or its registration does not invalidate the marriage. The Muslim Marria...... been solemnised by anybody in presence of witnesses as required under the provision of Mohammedan Law and no written kabinnama had been executed or registered and argued that the Family Court had no jurisdiction to entertain the suit. 5. He argues very strenuously that since the very marriage ha..Category: Family Law | Date: | Hits: 166
Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)
....urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......udgment and decree passed by the trial Court and sent the case back on remand to the trial Court for fresh hearing in accord with law. Thereafter the plaintiffs examined 4 witnesses on 9-11-94 in the absence of the defendants and obtained an ex-parte decree on 14-11-94, following which the plaintiff......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290...Category: Procedural Law | Date: | Hits: 58
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
.....1 on suspicion; that at the time of the seizure as well as before the Collector of Central Excise and Land Customs sufficient proof as to their lawful possession by the plaintiff was placed but they totally ignored them; that out of the 12 items of goods seized 4 items namely 120 bags of bidi leave......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669....... 3. Defendant‑appellants contested the suit by filing a joint written statement denying material allegations and stating, inter alia, that the suit was not maintainable; that civil Court had no jurisdiction to entertain or try the suit as the question whether the seized goods were smuggled goo..Category: Fiscal/Taxation Law | Date: | Hits: 125
Ismail Vs. State, 1999, 18 CLC (HCD)
....used. If a State defence is appointed in the manner was done in the case before us and if he conducts a case in a manner as we have noticed. We are of the view that the purpose of appointment will be totally frustrated. We do not find any reason why a State defence has not been appointed well ahead ......al Code and sentencing him to suffer imprisonment for life and also to pay fine of Taka 3000.00 in default to suffer RI for one year more. 2. The appellant was absconding and trial was held in his absence after observing the formalities. Subsequently, he was arrested and thereafter he filed this ......rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497...Category: Criminal Law | Date: | Hits: 74
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......gning cogent and sound reasons and consequently the impugned order does not suffer from any illegality occasioning failure of justice so as to justify interference by this Court exercising revisional jurisdiction under section 115(1) of the Code of Civil Procedure. Mr. Faziul Karim further submits t..Category: Civil Law | Date: | Hits: 66
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
....riminal Procedure to which they repeated their innocence. The defence did not adduce any evidence on their behalf. 6. The defence case, as could be gathered from the trend of cross-examination, is total denial and their inter alia case is that they did not take part in the occurrence as alleged, ......under the law to inform the accused as above. Since the confessing accused did not report about ill treatment torture made by the police during remand, the submission of the learned Advocate that the absence of observing the formalities by the Magistrate regarding recording the confessional statemen......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...Category: Criminal Law | Date: | Hits: 70
Shahidul Islam Vs. Mahbubul Alam and others, 1999, 18 CLC (HCD)
....ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485.......ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485.......ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485...Category: Criminal Law | Date: | Hits: 69
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.......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.......ion as indicated above. 5. Mr. Khalequzzaman, the learned Advocate appearing for the objector, submits in reply that— (1) review application in question is not entertainable as this Court has no jurisdiction to review its own order, and (2) even if this Court is considered to have power of revi..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......., 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.......tly by order dated 31-12-56 Bashiruddin was appointed as ad-interim Mutwalli under section 40 of the Bengal Waqfs Act, 1934 until further orders or till the order is set aside by a Court of competent jurisdiction. The said Mutwalli at the advanced state of his age on 4-12-79 filed an application for..Category: Trust/Waqf Law | Date: | Hits: 142
Shaikh Jahangir Hossain Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
.... 8‑12‑1991 for selling plots through tender, he purchased two tender forms on 2‑5‑1992 for plot Nos. 15 and 18 at a price of Taka 750 each, having 12 (twelve) kathas of lands in each plot, in total 25 (twenty-five) kathas, out of 74 plots for sale, that one Nur Ali Mollah submitted tender bu......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. ...... concerned authorities and abdicate their functions. It is for them and for them alone to take the decision and not for a Court of law. An action of an authority can be challenged if they act without jurisdiction or illegally or unreasonably, otherwise not. 16. In the instant case, the Railway au..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. ......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. ......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. ..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. ......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. ......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. ..Category: Criminal Law | Date: | Hits: 69
Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
....d at the pay scale of TK. 3000-5920/-, there would be anomaly between the pay scale of the Jamadar of the different Ministries and the Jamadar of the Supreme Court and it will have an effect on the total pay structure of the National Pay Scale. In addition to this, if the pay scale of a Jamadar is......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.......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...Category: Employment/Service Law | Date: | Hits: 86
Abdul Majid Mondal Vs. State and another, 1999, 18 CLC (HCD)
....ming the order of the learned Magistrate is quashed. Stay order granted by this court stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 287.......ming the order of the learned Magistrate is quashed. Stay order granted by this court stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 287.......its that when the civil Court and in this case the High Court Division being in session of the matter passed an order of maintaining status quo with regard to possession the learned Magistrate has no jurisdiction to draw proceeding under section 145 CrPC and consequently, the order dated 15-6-96 pas..Category: Criminal Law | Date: | Hits: 237
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....... said law is that settlement or award must be complied with by the parties. Sub-section (2) of section 40 provides that a settlement shall be binding for the agreed period upon the parties and in the absence of any such agreement for a period of one year from the date of signing the same and shall c......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...Category: Labour and Industrial Law | Date: | Hits: 168
Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)
....sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ......sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ......ourt has to decide the case on the basis of evidence led before it, and the mere fact that the agency which collected such evidence was in law not authorised to do so should not introduce an inherent jurisdictional defect in the trying court. If, of course, the intention can be read into the proviso..Category: Criminal Law | Date: | Hits: 75
Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)
....e land for the first time. 20. From the evidence discussed above, it is clearly found that the witnesses examined in the case are natural and probable witnesses. Moreover, P.Ws.2-5 are found to be totally independent and disinterested. All the P.Ws. uniformly and consistently proved that the comp...... in to the case land and they are punished for the said offences, a separate conviction under section 447 of the Penal Code, in the circumstances of the case, is wholly unwarranted. Moreover, is that absence of any clear finding by the trial Court as the intention or object of the illegal trespass, ...... 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...Category: Criminal Law | Date: | Hits: 73
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