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Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
.... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374.......alternatively argues that even if it is found that Article 35(2) of the Constitution is not attracted in the instant case then also the petitioner cannot be proceeded against by way of fresh trial in view of the fact that the petitioner was convicted by a Court and has suffered imprisonment for abou..Category: Criminal Law | Date: | Hits: 56
State Vs. Rabiul Hossain alias Rob, 2000, 29 CLC (HCD)
.... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370.......t represented by any lawyer of his choice. So it was the duty of the court to appoint a lawyer at the cost of the state to defend the condemned prisoner as the offence was punishable with death. This view of ours finds support from the Case of State Vs. Imdad Ali Bepary, reported in 36 DLR 333. 6..Category: Criminal Law | Date: | Hits: 47
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ...... at least two witnesses. In the absence of a registered instrument a gift of immovable property by a person belonging to Hindu community and governed by Dayabhaga school of Hindu Law is not valid in view of the provision of section 123 of the Transfer of Property Act. In a decision in the case of H..Category: Property Law | Date: | Hits: 51
....devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......them, under the Criminal jurisdiction, they invoked the writ jurisdiction. The petitioners cannot be allowed to thwart a jurisdiction under which they could ventilate their grievances. We are of this view that the extraordinary writ jurisdiction had been invoked by the petitioners under a total misc..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......of any ordinary duty. Where a contract is entered into by the State and or by a statutory authority for the performance of statutory duty any breach of term of such contract is amenable to judicial review by the High Court Division in exercise of its power conferred under Article 102 of our Constitu..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
.... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ...... section 5(7) of the Act has not been finalised and unless that is done the petitioners can not get full compensation of the land nor can they claim proper compensation by way of arbitration. In such view of the matter the process of acquisition should have been finalised after the possession had be..Category: Criminal Law | Date: | Hits: 37
Shaheb Ali & others Vs. State, 2000, 29 CLC (HCD)
....w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ...... learned Sessions Judge and Special Tribunal disregarding the statements of the witnesses under section 161 of the Cr.P.C. framed charge against the accused appellants which is a mis-conceived one in view of the decision in the case of HM Ershad Vs. State reported in 45 DLR 533 wherein it has been h..Category: Criminal Law | Date: | Hits: 47
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ......tition No. 86 of 1998. Judgment Md. Awlad Ali J. - This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 2-12-97 in File No. CEVT/Case/ (CRF) Review-Chatta- 07/97 relating to the cancelling of CRF by the Review Committee, Chittagong vide order ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Riazuddin (Md.) Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....he petition is declared to have been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 361....... The learned Advocate further submits that the cancellation of the licences in question do not come within the ambit of section 18 of the Arms Act for non-service of show cause notice particularly in view of the fact that there is nothing on record to show that the licences were cancelled for the se..Category: Others | Date: | Hits: 105
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358.......ointing authority in the chain of command. It was thus inappropriate on the part of the respondent No.1 to start departmental proceeding against the petitioner and to suspend him temporarily. In this view it can be said that the respondent No.1 had no jurisdiction to bring the alleged charge against..Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......claims was initially in a contract for obtaining relief against any arbitrary and unlawful action on the part of the public authority he must resort to a suit and not to a petition by way of writ. In view of the judgment of this Court in KN Guruswamy’s case AIR 1954 (SC) 592 there can be no doubt ..Category: Others | Date: | Hits: 95
Abdul Jabber and others Vs. Mohammad Sekander and others, 1998, 27 CLC (HCD)
....stay order if any granted earlier is duly vacated. No order as to costs. Records of the Courts below shall be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 62. ......on and Tenancy Act which is as follows: “Holding means a parcel of land or an undivided share thereof, held by a raiyat or an under raiyat and forming the subject of a separate tenancy.” In view of the aforesaid definition the land which was originally settled to the predecessors of the pr..Category: Property Law | Date: | Hits: 67
Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)
....Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ......icer was cross-examined by the defence and PW 1 was also cross-examined but no contradiction or omission on material particulars could be elucidated. The evidence of DWs are not at all trustworthy in view of other evidence on record. 24. Thus it appears that the prosecution successfully proved th..Category: Criminal Law | Date: | Hits: 55
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43....... an accused in a joint trial for the same offence affecting himself and other persons may be taken into consideration. 28. The learned trial Judge found fault with the prosecution story taking the view that in the First Information Report there is no mention that accused Abdul Khaleque took his f..Category: Criminal Law | Date: | Hits: 42
Probir Kumar Chowdhury alias Tinku and others Vs. State, 1998, 27 CLC (HCD)
....ted to the petitioners is recalled. They are directed to surrender before the Court below. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 42.......y the Court against a person on the basis of such charge-sheet that he is being wanted by the police to harass him. There is no question of police harassment after submission of charge-sheet. In that view of the matter anticipatory bail lost its force after submission of charge-sheet and taking of c..Category: Criminal Law | Date: | Hits: 33
Harun and others Vs. State, 1998, 27 CLC (HCD)
....direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......on Report but by way of a confessional statement recorded under section 164 of the Code of Criminal Procedure implicated himself in the commission of murder of the victim Ratan Mia. 12. Keeping in view of the exit and arrival trom and to Bangladesh of the accused-petitioner Bachu and Md. Harun al..Category: Criminal Law | Date: | Hits: 65
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
.... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ......ducts since the BSTI had no standard of those products and in marketing the products the company has committed no illegality, for BOI's registration includes both manufacture and marketing. 23. In view of the decision given in the case of Bangladesh Telecom Ltd. vs. Bangladesh Telegraph and Telep..Category: Others | Date: | Hits: 182
State Vs. Babul Miah, 2010, 39 CLC (AD)
....al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66.......or his brother has not implicated the respondent even after suspecting him as the assailant. He also did not allege that the assailant stole away any tape recorder or other articles from his shop. In view of the above, the High Court Division was of the view that the story of stealing away of the ta..Category: Criminal Law | Date: | Hits: 58
Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
.... 2007, it appears that the High Court Division disposed of the Ride issued in Civil Revision No. 3747 of 20002 holding that the trial Court without considering the documents filed by both the parties erroneously decreed the suit and the learned Joint District Judge, 1st Court, Munshiganj, who heard ......rty (Land and Building) in pursuance of Government notification No. 6199-Gen dated 3.12.1965 issued under the Defense of Pakistan Rule published by the Dhaka Gazette dated 4.12.1965, We are of the view that the High Court Division on proper consideration of the materials on record arrived at a co..Category: Property Law | Date: | Hits: 62
Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)
....n and registration of the sale deeds marked exhibits-3 to 3 Jha and 4 were proved and that the entry of the name of the defendant No.1 in the Diyara record in respect of the suit land was found to be erroneous and the possession of the plaintiff in the suit land has also been found to have been prov......n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12...Category: Property Law | Date: | Hits: 71
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