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Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)
....ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ......ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ......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 complainant only to the question of law after aboliti..Category: Criminal Law | Date: | Hits: 64
....respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 261.......respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 261.......o register divorces and marriages under the provisions of Muslim Divorces (Registration) Act 1876 at the instance of the Cantonment Board by the Government taking away of the Cantonment area from his jurisdiction is wholly unauthorized under the provisions of 2nd proviso under section 4 of the Musli..
Category: Civil Law | Date: | Hits: 89
State Vs. MA Wahab, Advocate, 1998, 17 CLC (HCD)
....iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257.......iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257.......nd circumstance of the present case, as stated, above, specially when no ground was taken in the petition for bail and no emergency case was made out. We are of opinion that the Vacation Bench has no jurisdiction to grant ad-interim bail in a case of this nature.” (ii) “It means that the lear..Category: Criminal Law | Date: | Hits: 92
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.......from where gun and cartridges had been kept concealed.” It was further observed: “Mere knowledge of the accused that the arms or ammunition was lying at the place pointed out by him in the absence of e or circumstance to show that he had himself kept the same there or that he had exclusiv......ontention except the provision of section 177 of the Code of Criminal Procedure which provides that ordinarily every offence shall be enquired into and tried by the court within local limits of whose jurisdiction it was committed. Aforesaid provision is in respect of the jurisdiction of the Police o..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.......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.......t till date received no response. Hence the Writ Petition.
8. Mr. SAM Mahbub Elahi, learned Advocate appearing for the petitioner, submits that the impugned order is illegal, arbitrary and without jurisdiction inasmuch as his case for reinstatement was recommended by the forum with all benefit in..
Category: Employment/Service Law | Date: | Hits: 73
Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)
....tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242.......tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242....... that decision referring to the order of the Sessions Judge letting off the contemner on accepting his unconditional apology without referring the case to this court it was observed: “He has no jurisdiction or authority under the Act itself to deal with the matter of contempt of court.” ..Category: Criminal Law | Date: | Hits: 73
Nurul Huq Vs. Secretary, Rural Electrification Board and another, 1991, 20 CLC (HCD)
....ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 666. ......ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 666. ......ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 666. ..Category: Employment/Service Law | Date: | Hits: 65
State Vs. Sree Ranjit Kumar Pramanik, 1990, 19 CLC (HCD)
....e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660.......tted that upon a proper scrutiny of the evidence which had transpired in the case, it ought to be held that there was no legal evidence on record to sustain the conviction. He pointed out that in the absence of eye‑witness and a mens rea the learned Sessions Judge seriously erred in law in passing......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660...Category: Property Law | Date: | Hits: 69
Hazrat Ali and another Vs. Kudrat Ali and others, 1991, 20 CLC (HCD)
....n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658.......n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658.......n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658...Category: Property Law | Date: | Hits: 72
Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)
....ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656.......ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656.......uraj Mull Jalan and others reported in 1928 AIR Calcutta at 464, (which I have also referred to in Civil Revision No.407 of 1985 decided on 12.5.91) wherein it has been held that a civil Court has no jurisdiction to stay, by means of a permanent injunction, proceedings in any criminal matter and it ..Category: Property Law | Date: | Hits: 61
Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)
....ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653...Category: Civil Law | Date: | Hits: 99
Akhtar Hossain Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....ke evidence to decide a disputed question of fact brought by the petitioner. In the result this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 651. ......ke evidence to decide a disputed question of fact brought by the petitioner. In the result this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 651. ......learned Advocate for the petitioner. It appears, in the first place, that the matter contains a disputed question of facts with regard to the number of population which this Court cannot, in its writ jurisdiction, go into and decide without taking evidence about the number of population in each of t..Category: Election Law | Date: | Hits: 137
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....d and after filing of the Execution Case respondent Nos.2‑9 paid a sum of Taka 4,82,073 and there remained a balance of Taka 1,84,582 and including costs of the suit amounting lo Taka 28,446.22 the total amount came to Taka 2,13,029.12. Respondents No. 2‑9 filed an application on 6‑2‑200 b......8,446.22 the total amount came to Taka 2,13,029.12. Respondents No. 2‑9 filed an application on 6‑2‑200 before the Artha Rin Adalat No.1 Madaripur to waive interest and the said Adalat in the absence of the learned Advocate of the petitioner Bank by an, order dated 6‑2‑2000 waived the in......intained that the review petition is not entertainable. In Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others reported in 1994 BLD (AD) 196=46 DLR (AD) 174 it has been held that Revisional jurisdiction of the High Court Division is provided for in section 115 of the Code of Civil Procedur..Category: Administrative Law | Date: | Hits: 200
Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)
.... first information report nor in the evidence of the prosecution witnesses and there was no complicity of the accused appellant in the commission of the offence alleged. All the prosecution witnesses totally failed to prove the guilt of the accused appellant in the commission of the alleged offence ......t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ..Category: Criminal Law | Date: | Hits: 71
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....he plaintiff, a registered instrument signed by both the Government, that is defendant No. 1 and the plaintiff was necessary mentioning a period and a price to be paid or promised to be paid which is totally absent in this case. I am of the view that the terms 'allotment' and 'allottee' cannot be sy......by which the suit land was leased out to the said defendant for 99 years. Mr. Mahmudul Islam submitted that a registered lease deed cannot be set at naught as has been done by the Courts below in the absence of any specific prayer for cancellation thereof by paying ad valorem Court fees. Mr. Rafiqul......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350...Category: Property Law | Date: | Hits: 122
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....ts were submitted and accepted by the Magistrates. In spite of that no discharge order was issued upon him recalling the custody warrants. This shows the malafide action of some interested person and total carelessness of the relevant officers of the police stations as well as total negligence and c......y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......rts. So the detention of the detenu in custody in connection with all the aforesaid criminal cases which have, in the eye of law, no existence at all is absolutely illegal, void ab initio and without jurisdiction. 10. In Kayra PS Case No.1 dated 18 .11 .80 (sessions Case No.103 of 1981) the deten..Category: Criminal Law | Date: | Hits: 97
Power Grid Company of Bangladesh Ltd. Vs. Rowshon Ara Begum and others, 2011, 40 CLC (AD)
....he petitioner No.2 purchased 29 decimals of land of the said two plot Nos.51 and 49 by two registered kabalas. The husband of the petitioner No. 1 Doctor Akhlaqur Rahman (since dead) purchased in total 84.50 decimals of land of plot Nos.69, 51 and 49 by five registered kabalas. The daughter of p......ation of the paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 558. ......ation of the paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 558. ..Category: Property Law | Date: | Hits: 81
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
.... 5. In the writ petitions it was stated, inter alia, that the writ-petitioner is a world renowned multi-national company operating in Bangladesh. As per the audited account for the year, 2005 the total turnover of the writ-petitioner was TK. 9.71 billion as on 31.12.2005 and it has re-invested T......nd respondent No.1 shall file the concise statement within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ......tter of credit to import the items mentioned in the writ-petitions. 12. From the impugned judgment, it appears that though the High Court Division found that the writ-petitioner could invoke the jurisdiction under the Trade Mark Act as well as other jurisdiction and could intimate the same to t..Category: Fiscal/Taxation Law | Date: | Hits: 168
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....tters and as per claim of the plaintiff, a descriptive sketch was filed which indicated that the plaintiff was given money on the basis of works done of Tk. 19,8,56,232/-. The High Court Division has totally overlooked the said finding. In this connection Mr. Mahbubey Alam drew our attention to the ......that they did not prepare post level work-sheet. The learned Joint District Judge considered these evidence along with the tender document and discarded the reports mainly on the ground that in the absence of post level work level-sheet it could not be ascertained the quantities of earth work do......he plaintiff. The appeal is, therefore, allowed without any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ..Category: Civil Law | Date: | Hits: 73
Shahidullah and others Vs. State, 1991, 20 CLC (HCD)
....he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ...... in the present case cognizance was taken and the trial was conducted under the Special Powers Act which has no application in the circumstances of the present case and as the Special Tribunal had no jurisdiction to take cognizance and to proceed with the trial this vitiated the entire proceeding. ..Category: Criminal Law | Date: | Hits: 60
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