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Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......r or illegality in his finding as such the finding and decision in reversing the Judgment and decree of the trial Court calls for no interference by this Court. 13. By now the settled principle of law in exercising the revisional power under Section 115 of the Code of Civil Procedure has been lai..Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....he instant case and, therefore, the prosecution cannot be allowed to proceed on the charge framed. In the case of Waris Mea Vs. State reported in 9 DLR (SC) 117 two sections 23A and 23B introduced by amending Act XXXII, 1956 were found void, having offended Article 5 of the Constitution of the then ...... Prevention of Corruption Act, 1947. 5. The matter relating to the framing of charge came up for hearing and the learned Special Judge on perusal of the record and hearing exhaustively the learned lawyers for the petitioners and other accused persons and also the State by his order dated 4.5.1992..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......rning Officer to the Election Commission which may warrant a fresh poll in ward No.3. He further submits that in the absence of any such report the Election Commission has acted illegally and without lawful jurisdiction, in issuing the impugned order for fresh poll to be held in the said ward. 7...Category: Election Law | Date: | Hits: 122
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
.... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......er the petitioners moved this Court and the Rule was obtional. 8. Mr. Momtazuddin Ahmed, the learned Advocate for the petitioners, submits that the impugned order was passed on wrong conception of law. By denying to add the petitioners as parties the trial Court has excluded necessary and proper ..Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......t submits that neither the victim nor the Doctor was examined by the prosecution. He then submits that the convict-petitioners were tried in absentia without complying with the mandatory provision of law as required under section 27(6) of the Special Powers Act. He empathically submits that the noti..Category: Criminal Law | Date: | Hits: 86
Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
....on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ......d hit by section 42 of the Specific Relief Act. The learned District Judge, Brahmanbaria while reversing the judgment of the trial Court did not write a single word about this specific finding of the law point by the trial Court which appears to be manifestly perverse. Moreover, when the plaintiff N..Category: Property Law | Date: | Hits: 94
....of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178.......learned Advocates of the respective parties made the Rule absolute directing the DPDC authority to consider and dispose of the pending representations of the petitioners as per provisions of relevant laws as expeditiously as possible preferably within 60 days from the date of receipt of the judgment..
Category: Employment/Service Law | Date: | Hits: 62
.... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176....... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176...
Category: Property Law | Date: | Hits: 70
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ......e suit and filed written statement denying all the material allegations of the plaint stating, inter alia, that the suit is not maintainable in its present form and manner; that the suit is barred by law of limitation and the allegation for causing loss amounting to Tk. 1,56,569.38 is not only unspe..Category: Civil Law | Date: | Hits: 97
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156.......nd 4 sons namely, Tazal Islam, Jafar Ahmed, Bachu Mia and Hasan Mined and 2 daughters Sufia Khatun and Zaheda Khatun but the said heirs were not brought on record within the time prescribed under the law. 3. On 26th June, 1990 the petitioners filed an application praying for recording an order of..Category: Civil Law | Date: | Hits: 93
....ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......p; C/MEO/40‑3/Sha‑3/70, Annexure‑A, issued by Respondent 1 and the order dated 18.6.1988 as contained in Memo. No.BD/LC/375/86/70, Annexure‑B. issued by respondent 2, have been passed without lawful authority and are of no legal effect.
2. The aforesaid rule has been issued upon a volumin..
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam 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) 136.......e as P.W. 5 himself has denied to have gone to the house of the victim and given report about deceased Masharuddin's crossing the river after sunset in his boat along with the accused appellants. The law on the point is now well settled. To put it in the words of Munir CJ. expressed himself in the c..Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131.......of the rule for the petitioner having taken us through the impugned judgment and the other related papers in original in the records of the Money Suit submitted that the learned court, below erred in law in holding that the defendant Company has made an admission in their pleadings in Court for the ..Category: Civil Law | Date: | Hits: 104
Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)
....merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......eing a special statutory jurisdiction and the same have been detailed in section 3 of the Admiralty Courts Act, 2000, any cause to be brought before the Court must come within the provisions of the law. Therefore, even if the plaintiff has any cause of action against the defendant the plaintiff ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......at the time of survey; that nobody had paid rent against the said suit plot No.931 and the plaintiff at the time of survey did not produce any documents or deeds before the concerned surveyor. As per law there was no claim against the suit plot. The suit plot has been duly recorded in the name of go..Category: Procedural Law | Date: | Hits: 72
Ruhul Amin & others Vs. State, 2011, 40 CLC (HCD)
.... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896.......aken to impeach the impugned order. Firstly, the FIR and charge sheet do not disclose any offence against the petitioners. Secondly, over the selfsame occurrence institution of two cases is barred by law. To address the same we hold that the FIR charge sheets and other materials on record clearly di..Category: Criminal Law | Date: | Hits: 71
Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)
....Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ...... the proceedings of Bangladesh Labour Law (Criminal) Case No.370 of 2010 under section 307 and 310 of the Bangladesh Labour Law, 2000 now pending before the respondent No. 1, should not be declared unlawful, mala fide, out of jurisdiction and is of no legal effect. 2. Facts leading to this case, ..Category: Labour and Industrial Law | Date: | Hits: 156
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
.... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ......, Advocates-For the Petitioners. No one appears-For Respondents. Writ Petition Nos. 7476, 7622, 7623, 7624, 7625, 7626 and 7627 of 2010. Judgment Abdul Awal J.- Since a common question of law is involved in this matter, all the seven Writ Petitions bearing Nos.7476/2010, 7622/2010, 7623/..Category: Labour and Industrial Law | Date: | Hits: 161
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
....pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ...... appellant had no intention to show any disregard to the authority and dignity of the Court, rather he had all sincerity and bona fide in disposing of those rectification cases in accordance with law and that before proceeding with those cases he, by questioning the learned Advocates of the part..Category: Intellectual Property Law | Date: | Hits: 270
....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.
......ause as to why the Order No.55 dated 22.06.2010 passed by the respondent No.2, the Artha Rin Adalat No.4, Dhaka in Artha Rin Case No.153 of 2009 should not be declared to have been passed without any lawful authority and is of no legal effect and/or such or further order or orders passed as to this ..
Category: Civil Law | Date: | Hits: 147
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