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Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)
.... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......such the appeal is liable to be dismissed. 7. The real question that calls for determination in this appeal is whether the impugned judgment and order of conviction and sentence is sustainable in law. 8. Perused the impugned judgment and order of conviction and sentence and the materials on r..Category: Criminal Law | Date: | Hits: 69
.... the impugned order without jurisdiction and the same is of no legal effects.
In the result, the Rule is made absolute.
No costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 167.......ere called upon to show cause as to why the impugned judgment and order passed on 7.8.85 by respondent No.1 as per Annexure C to the writ petition should not be declared to have been made without any lawful authority and of no legal effect.
2. The aforesaid Rule arises out of the following circum..
Category: Labour and Industrial Law | Date: | Hits: 112
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
.... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ...... plaintiff‑petitioner, seriously assailed the judgment and order of the learned Munsif, now Assistant Judge, mainly on the ground of the learned Munsif came to a wrong finding upon misconception of law and facts to the effect that the summons was suppressed and not duly served upon the defendantâ€..Category: Procedural Law | Date: | Hits: 94
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
.... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ......ndents to show cause as to why the judgment and order dated 15.6.87 passed by the respondent No.1 in Complainant Case No.58 of 1984 (Annexure 'C') should not be declared to have been made without any lawful authority and to be of no legal effect. 2. Pending hearing of the Rule, operation of the i..Category: Labour and Industrial Law | Date: | Hits: 120
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ......on and obtained the prevent rule. 3. Mr. ABM Nurul Islam, the learned Advocate appearing for the defendant‑petitioners, firstly submits that the learned Subordinate Judge, has committed error of law resulting in an error in the decision due to misconception of law and facts which has resulted i..Category: Procedural Law | Date: | Hits: 76
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
....ocate submits that the act of suspension from service was a wrong constituted and continued till the order of dismissal from service was effected and hence the relief sought for in the suit by way of amending the, plaint cannot be treated as barred by any law. In the case of Azizun Nessa Khatun Vs. ......shall be instituted in the Court of the lowest grade competent to try it. 16. Suits to be instituted where subject‑matter situate, subject to the pecuniary or other limitations prescribed by any law." In support of his contention the learned Advocate for the petitioner has cited the case of ..Category: Administrative Law | Date: | Hits: 189
Khokan Vs. State, 1990, 19 CLC (HCD)
....ary and the trial of the case should proceed even if the accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ......r section 27(6) of the Special Powers Act, in view of section 5(2) of the Code of Criminal Procedure which requires that the special case should be tried as per the procedure laid down by the special law and the special law would get preference to the general law which is superseded by the special l..Category: Criminal Law | Date: | Hits: 67
...., PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
......udud Ahmed, the Former Vice‑President of Bangladesh, now detained in his own house should not be brought before this Court so that it may certify itself that he is not being held in Custody without lawful authority or in an unlawful manner.
2. This Rule was issued on 2.1.91 and in the meantime ..
Category: Constitutional Law | Date: | Hits: 178
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ......en it came to the light the matter was attempted to be compromised out of Court and a petition of withdrawal of the suit was filed on 15.9.1981 and as such the suit was not in existence in the eye of law on the date of filing Title Suit No. 417 of 1982 by the defendant No. 2. The defendant never avo..Category: Civil Law | Date: | Hits: 92
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ......of the Code of Civil Procedure are all false, concocted, motivated and without any basis; that the summons and copies of the plaint were duly served upon them by the process server in accordance with law before so many witnesses; that they had full knowledge about the institution of the Title Suit N..Category: Property Law | Date: | Hits: 82
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......nd control over the child. 4. Family Suit No.322 of 2005 filed by the petitioner and Family Suit No.484 of 2005 filed by the respondent proceeded simultaneously and the instant petitioner’s lawyer advised her to settle the matter amicably. On 03.04.2006 two solenamas were executed, one for..Category: Family Law | Date: | Hits: 327
Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)
....eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......ase money for the 1418 BS in due course at the rate to be fixed by the respondents before 14.04.2011 and failing which the respondents will be at liberty to give lease to 3rd party in accordance with law. 3. The relevant facts of the case, in brief, are that the writ-petitioner, respondent herein..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ......oners in Civil Appeal No.218 of 2007 and on behalf of the petitioner in Civil Petition for Leave to Appeal No.126 of 2006 submits that the High Court Division did not consider whether the respondents lawfully exercised the power under section 4 of the Paurashava Ordinance, 1977 in curtailing the are..Category: Election Law | Date: | Hits: 152
Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are disÂmissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......reviewing order of the Land Administrative Board. The High Court Division upon hearing the parties made the Rule absolute declaring the order of the Land Administration Board as had been made without lawful authority. Thereafter, the then Additional Deputy Commissioner (Review) unsuccessfully moved ..Category: Property Law | Date: | Hits: 93
Bangladesh Vs. Md. Abdul Alim and others, 2010, 39 CLC (AD)
.... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185.......ed by the High Court Division in Administrative Appellate Tribunal, Dhaka in Appeal Nos.134, 139, 143 and 144 of 2009.) Order Surendra Kumar Sinha J. - The subject matter of these petitions and law points involved are idenÂtical. Accordingly, these petitions are disÂposed of analogously by t..Category: Administrative Law | Date: | Hits: 188
Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)
....tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ......r and obtained the present Rule. 3. Appearing on behalf of the petitioner Mr. Mujibur Rahman Talukder, the learned Advocate for the petitioners, urged that the learned Munsif committed an error of law resulting in an error in the decision occasioning failure of justice in rejecting the applicatio..Category: Property Law | Date: | Hits: 80
Amina Khatun & others Vs. M/s. Quickways Agency, 1990, 19 CLC (HCD)
....e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ......ays Agency. He also field that the claim was barred by limitation under section 10 of the Act. 5. The learned Advocate for the appellants first, submits that the Commissioner committed an error of law in holding that there was no relationship between the deceased Manu Mia and the opposite party M..Category: Labour and Industrial Law | Date: | Hits: 98
Sadharan Bima Corporation Vs. Bangladesh Shipping CorÂporation and others, 1990, 19 CLC (HCD)
....ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ......he aforesaid decision the four learned judges were unanimous and all concurred the view as expressed by Blackburn, J which are as follows: "I am of the same opinion, the general rule of the common law was that where necessaries were supplied to a ship at home the Court of Admiralty had no jurisdi..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314....... in the University of Maryland in USA. The second son of the plaintiff namely Azmal Sobhan is an MBBS of the Dhaka University and is now undergoing higher stadies in USA. The Plaintiffs father‑in‑law late Khan Bahadur A Jalil Khan was a Zamindar of Vikrampur and a Member of the then Bangladesh C..Category: Civil Law | Date: | Hits: 89
Mojibur Rahman Sarker and others Vs. Shafiqul Islam and others, 1991, 20 CLC (HCD)
....amendment of the application for pre‑emption. There being no appearance from the side of the opposite party, I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 313. ...... of the Code of Civil Procedure is, no doubt, discretionary but the same must be exercised in a judicial manner. I am, therefore, of the opinion that the learned Assistant Judge committed an error of law resulting in an error in the decision occasioning failure of justice in passing the impugned ord..Category: Procedural Law | Date: | Hits: 81
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