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Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)
....y granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 44 ......onal application No.34 of 2005 under section 115(2) of the Code of Civil Procedure before the learned District Judge, Moulvibazar. Who after hearing the parties and considering the relevant law rejecting the revisional application on the ground that the petitioner did not fulfill the provi..Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1
....n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
...... instance of respondent Nos. 4-7 in making entry of possession of respondent No.9 in DP Khatian No.1124. (Annexures-E, E1, E2 and E3 respectively) should not be declared to have been made without any lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
....osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ...... 10. Interestingly, though the High Court Division found that summons of the suit was not served upon defendant No. 3, but defendant No. 3 who was respondent No. 3 in the appeal appeared through his lawyer, Mr Md Asadullah and did not make any complaint or grievance about non-service of summon..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
....s to costs.
Send down the record of the Court of Settlement.
Communicate the judgment to respondent No. 1 at once.
Zinat Ara J.- I agree.
Ed.
This case is also Reported in:
...... the respondents to show cause as to why the impugned judgment and order dated 31.07.2000 passed by the respondent No. 2 as contained in Annexure I to the writ petition should not be declared without lawful authority and of no legal effect and why the disputed Plot No. 13/A/A/1st Colony Mirpur, Dhak..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
....cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 349
......his is a fit case where she (the then Chairman of Dhaka Board) should be fined with exemplary amount, so that no one, by using his or her position makes such order which is bound to erode the Rule of law, so nakedly. ..
Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)
....rder of stay granted earlier by this Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358 ......্যদিবস) should be taken into consideration. Even the Court in which the Judge-in-charge is sitting temporarily this section applies in verbatim, That is to say absolutely in terms of the law as it stands. ..Category: Banking Law | Date: 25 May, 2015 | Hits: 0
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
.... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361 ......l asking the petitioner to deposit Taka 33,079.25 as VAT, all issued under the signature of respondent Nos. 2, and 3 Annexures-A, A1, A2, A3, A4, A5 and A6 shall not be declared void and without lawful authority and is of no legal effect and why the respondents shall not be directed to 1 cancel..Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2
Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ......010 making the Rule absolute with directions. 2. Both the petitions for leave to appeal arising out of the same judgment and order between the same parties and involving similar question of law and fact having been heard together are being disposed of by this single judgment. 3. The f..Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ......lable and the guilt of the accused should be concluded upon assessment of verbal evidence of the prosecutrix alone as well as of the attending circumstances. 7. Now Mr. Sasti Sarker learned lawyer for the appellant submits that in a word there was no legal evidence what so ever that could ..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
.... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......ion 6(2) of the Ain, 1995 ultra vires the Constitution, refrained from declaring section 34 of the Ain of 2000 unconstitutional and also did not declare the sentence of the condemned prisoner to be unlawful. It was observed that the provision of mandatory death penalty is ultra-vires the Constitutio..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......ion 6(2) of the Ain, 1995 ultra vires the Constitution, refrained from declaring section 34 of the Ain of 2000 unconstitutional and also did not declare the sentence of the condemned prisoner to be unlawful. It was observed that the provision of mandatory death penalty is ultra-vires the Constitutio..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ......rge) for re-hearing of Appeal Case Nos. 62948 to 62951 all of 2002 (as contained in Annexure-I, I-1, I-2, and I-3) in respect of DP Khatian No. 1645 should not be declared to have been issued without lawful authority and of no legal effect. 2. The Rule was directed to be heard along with Writ P..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
.... reported in 39 CWN, 1295, the Revision Court found jurisdiction to so amend a decree should it not correctly represent what was decided or intended to be decided. The only qualification to such amending authority is that it ought not to result in any injustice. Indeed, the Court in the Hemanta...... as to why the Notice for auction published in the daily "Inquilab" and "Bhorer Kagoj" both dated 24-1-2013 (Annexures T and 'F-l') shall not be declared to be without any lawful authority and is of no legal effect and as to why Order No. 17 dated 24-2-2013 (Annexure-'..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
....ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......sp;cause as to why they should not be directed to find out and bring up Salauddin Ahmed, the husband of the petitioner, before this Court on 15-3-2015 at 10-30 AM to deal with the matter according to law and/or such other or further order or orders passed as to this Court may seem fit and proper.&nb..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......bsp; Result: The Rule is discharged. In deciding the question of rejection of a plaint— Court while deciding application about rejection of plaint is not permitted in law to travel beyond the averments made in the plaint although if any certain fact is brought to the..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)
....ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278 ......al Nos. 663, 693-98, 614, 621, 633-34, 665, 667-70 of 2014 and 11-13 of 2015 have been heard together and they are being disposed of by this common judgment and order since facts of all the cases and law related thereto are identical. The High Court Division heard and disposed of all the Criminal Mi..Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8
Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)
....efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227 ......on No. 357 of 2013 before the High Court Division. Earlier, the matter was heard by a Division Bench of the High Court Division. But because of conflicting views of the learned Judges on the point of law with regard to issuance of the Rule, the matter was placed before the learned Chief Justice of B..Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
...., quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......ion, the Court is to ensure that in the pretext of review, re-hearing of the whole matter is not initiated. To succeed a postulant must show that this Division resorted to a fundamental error of law, which remains apparent on the face of the judgment. One of the most striking examples woul..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
....shy;cate the matters in accordance with law.
No cost.
Communicate the judgment to respondent No. 1 at once.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 98
......r the circumstances, respondent No.1, by following the provision as laid down in section 111 of the Act, passed the impugned office orders and, as such, the impugned demand-cum-show cause notices are lawful and the Rules are liable to be discharged.
7. Mr. Md. Shohidul Islam, the learned Advoca..
Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....sale the right of redemption subsists notwithstanding that the mortgagor has failed to pay at the time stated. By addition of a proviso to clause (c) of section 58 of the Transfer Property Act by the amending Act in 1929, the position has been resolved clearly. The effect of the proviso is that if t......edand others.......................Respondents Judgment March 14, 2012. Result: The appeal is dismissed. Sections 95 and 95A are special laws promulgated for the protection of poor tenants, maliks or raiyats from the clutches of the mone..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
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