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Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
..... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......'ble Deputy Minister, that the District Magistrate cancelled the licence violating the principle of natural justice without issuing a notice and even did not communicate the cancellation order with a view to implicating the petitioner in a criminal case for alleged illegal possession of the arms and..Category: Criminal Law | Date: | Hits: 63
.... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
......Court. From the facts and circumstances of the present case we find that the alleged incident took place within the exclusive jurisdiction of the 3rd Labour Court, Dhaka i.e. within Mirpur.
23. In view of the above discussion and for the foregoing reasons we hold that the impugned order contained..
Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Shah Alam, 2003, 32 CLC (HCD)
.... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ...... culpable homicide not amounting to murder and may be liable to be punished under section 304 Part II of the Penal Code depending on the facts and circumstances proved in a criminal case. 24. This view finds support in the case of Abul Kashem and others Vs. State, 1990 BLD (AD) 210 where victim M..Category: Criminal Law | Date: | Hits: 54
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
.... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ......ssing the impugned order and it does not suffer from any illegality or legal infirmity occasioning failure of justice so as to justify interference by this Court exercising revisional power. 9. In view of the fact that the present Rule arises out of an interlocutory order and further proceedings ..Category: Property Law | Date: | Hits: 65
M/S. OK International Vs. Commissioner of Customs & others, 2009, 38 CLC (AD)
....sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122.......the instant case the amendment of 4th of June, 1998 was to the notification No.42 and therefore this amendment cannot relate to notification No.33 as argued which was already repealed. 13. In such view of the matter the question whether notification dated 4th of June, 1998 is retrospective or; no..Category: Fiscal/Taxation Law | Date: | Hits: 86
Haji Md. Shamsul Haque Vs. Pubali Bank Limited, 2009, 38 CLC (AD)
....tioner is set aside and the deposited amount be returned to the present petitioner. With this observation the petition is disposed of. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 75.......75% of the balance auction money, the courts below rightly rejected his prayer but fact remains that the petitioner deposited 25% of the auction amount when he participated in the auction and in such view of the matter that initial deposit should not have been forfeited. 12. Therefore the orders ..Category: Others | Date: | Hits: 109
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
....fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ......tions, 1979, which is also applicable for the Board of Intermediate and Secondary Education, Barisal, that there is no illegality or infirmity in the issuance of the impugned memo. Thus we are of the view that there is no ground to interfere with the impugned judgment and order passed by the High Co..Category: Civil Law | Date: | Hits: 90
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......that the suit was barred under section 7 of the Arbitration Act, 2001, hereinafter referred to as the Act, and the other one under section 10 of the Act for stay of further proceedings of the suit in view of the arbitration agreement of the contract and reference of any dispute arising out of or in ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
.... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ......r of the plaintiff in 1959, any objection has been raised from any quarter regarding the title and possession of the plaintiff. It appears that at that time the decree was granted without contest. In view of the above discussion, I am of the view that, there being no question of limitation under sec..Category: Property Law | Date: | Hits: 61
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......re is slightest hesitation in the mind of the court that there was possibility of a mistaken identification or that of the statement of the witness was influenced by some other cause, the accused, in view of the matter, is entitled, as a matter of course, to the benefit of reasonable doubt. 29. H..Category: Criminal Law | Date: | Hits: 54
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....appears that in the charge framed against 3 other accused the date of occurrence has been recorded as 8‑7‑1998 and therefore according to him, the aforesaid charge on the face of it appears to be erroneous and, as such, should be knocked down directing the trial Court to frame fresh charge amend......he absence of any application by anybody if it otherwise comes to the knowledge of the Court this Court in its discretion may exercise any of the powers vested in it under the said provision. In this view of the matter we are of the view that an application under section 439 of the Code of Criminal ..Category: Criminal Law | Date: | Hits: 82
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ......nsidering the ownership of the truck in question as per provision of section 561A of the Code of Criminal Procedure. 6. The learned Advocate for the accused petitioner strenuously argued that in view of disowning the GD being No. 1664 dated 26‑7‑2002 alleged to have been filed by one Md. Yo..Category: Criminal Law | Date: | Hits: 45
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....eration of the evidence or record and, as such, he has committed an error of law occasioning failure of justice. He submits that the findings of the Session Judge about the 2nd marriage are totally erroneous and, as such, it is liable to be set aside to secure ends of justice. 6. It is contende......ut the 2nd marriage are totally erroneous and, as such, it is liable to be set aside to secure ends of justice. 6. It is contended further that since it is a case having evidence and the erroneous view taken by the Sessions Judge led to miscarriage of justice, it calls for interference even under..Category: Criminal Law | Date: | Hits: 39
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ...... on behalf of the petitioner. 6. To appreciate the first point as advanced by the petitioner's Advocate with regard to the filing of the complaint by authorised official of the bank, we are of the view that it can be performed by the duly authorised officer of the bank. That the bank being a juri..Category: Banking Law | Date: | Hits: 237
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......r the accused petitioner placed the impugned order along with the application filed by the learned Public Prosecutor and the letter issued by the Government, The learned Advocate then submits that in view of the letter from the Government for withdrawal, the learned Special Judge had no other option..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......ode of Criminal Procedure have not been complied with. He further submits that the statement of PW2 on the basis of which he has been granted pardon is a purely self-exculpatory statement and in that view of the matter, the learned Additional Sessions Judge has committed error of law in treating PW ..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......er, by Dr. Mohtabuddin Ahmed (PW 4). He found injury 1/3 x 1/3" on the chest. In his opinion, the injury was caused either by a revolver or a pistol. Post mortem report is Exhibit 21. 10. A bird's view of prosecution case divulged during trial may be taken heed of Enmity existed for a long period..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ...... the order of transfer has been made in accordance with the law and Act XX of 2000 is not violative of the Articles 133 and 136 to the Constitution. That the Appellate Division decided those cases in view of the old rules Moreover, Government has filed Review Petition No. 21 of 1997 against the judg..Category: Employment/Service Law | Date: | Hits: 116
Grameen Telecom Vs. Dr. Rowshan Alam and others, 2010, 39 CLC (AD)
....y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ......y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ..Category: Procedural Law | Date: | Hits: 115
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....sposed of on merit after full flaged hearing of the parties. The power of review is not an inherent power-it is conferred by law specifically. A review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected, but lies only for patent error. A Court can review its ......le Appeal No.233 of 1995 which was heard by the learned Subordinate Judge, 3rd Court, Mymensingh who by judgment and order dated 1st June, 1998 affirmed the decree. The petitioner thereupon filed a review petition being Review Case No.19 of 1998 for reviewing the judgment and order passed in the app..Category: Property Law | Date: | Hits: 48
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