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Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
....spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ......upon making all enquiry as contemplated under section 8C of the Court‑fees Acts, but in passing the impugned order without doing anything like that the learned Assistant Judge committed an error of law resulting in an error in the decision occasioning failure of justice. 8. The learned Advo..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......intensely appalling nature of a case tabled by prosecution and accepted by Special Tribunal No. 8, Comilla, the same being commission of rape on a young girl aged about 18 years by a student studying law taking undue advantage of fiduciary capacity as father of victim girl left her in care and custo..Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....u Talukder 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: 51 DLR (HCD) (1999) 188.......es direct overt act of the accused sharing a common intention for the commission of the offence, under section 149 of the Penal Code it is essentially a vicarious liability for being a member of an unlawful assembly with the common object of committing the offence. In the facts and circumstances of ..Category: Criminal Law | Date: | Hits: 52
....without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 183.......sioner, Land, Jagannathpur, District Sunamganj (respondent No. 2) and issuance of the impugned notice as contained in Annexure ‘D’ to the petition should not be declared to have been made without lawful authority and to be of no legal effect.
2. The short fact leading to this Rule is that, th..
Category: Property Law | Date: | Hits: 172
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
....lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......d. Even informant's minor daughter and elderly woman were not spared and subjected to dragging for sexual harassment. 4. It appears that Nari‑o‑Shishu Nirjatan Daman Ain, 2000 is a special law which has been enacted to curb the crimes on repression of women and child with a heavy hand. ..Category: Criminal Law | Date: | Hits: 43
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......al Procedure on the ground that function assigned to a revenue officer for disposal of the mutation case cannot be characterized as judicial function. Because the revenue officers are not required by law to try a matter judiciously on the basis of the legal evidence. The enquiries which are undertak..Category: Criminal Law | Date: | Hits: 42
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ......talak. The complainant also instituted CR Case No. 671 of 2001 under the Dowry Prohibition Act and Nari‑O-Shishu Nirjtatan Case 328 of 2001 for unnecessary harassment. Since the Magistrate has no lawful authority to issue search warrant for the purpose of making recovery of gifted articles from ..Category: Criminal Law | Date: | Hits: 49
....ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
......e instalments. Plaintiff had no title or interest or right in the suit plot.
8. Defendant No.7 adopting the case of defendant Nos. 1 to 5 stated that after payment of the instalments he became the lawful owner of the suit plot. In order to deprive him, the plaintiff instituted the suit on false c..
Category: Property Law | Date: | Hits: 73
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......date the application was heard and rejected by the impugned order. Hence, the Rule. 3. Mr Khijir Ahmed, the learned Advocate for the petitioner, submits that the learned Subordinate Judge erred in law in rejecting the application mainly on the ground that the court could have compared the signatu..Category: Property Law | Date: | Hits: 61
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ......or Advocate, challenged the order on various grounds. 13. He submitted that when the gazette notification was published on 31‑8‑2000 finally acquiring the land, the learned Arbitrator erred in law in not determining the price of the land with reference to the date of such notification only. ..Category: Property Law | Date: | Hits: 77
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......omplaint, statements of witnesses recorded during judicial inquiry, report of inquiry officer and medical certificate, if produced. The learned Magistrate will hear the defence and can also apply the law to the criminal acts to find whether there is a prima facie case. He can discharge the accused o..Category: Administrative Law | Date: | Hits: 223
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
.... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ......dence and also after examination of the accused‑appellants under section 342 of the Code of Criminal Procedure there was no scope for consideration of the aforesaid petition which is not tenable in law. 3. Being aggrieved by that order the accused-appellants have preferred this appeal. 4. ..Category: Criminal Law | Date: | Hits: 48
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. ......tioner's licence to possess arms and ammunition and seizure of the petitioner's .22 bore rifle being No. 478923 and 100 bullets by the respondent No.5 should not be declared to have been made without lawful authority and is of no legal effect. 2. In the application it has been stated that the pet..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.
......ition and the judgment and order dated 15-6-93 passed by respondent No.1 in Appeal No.36 of 1992 dismissing the appeal vide Annexure F to the petition should not be declared to have been made without lawful authority and to be of no legal effect.
2. The petitioner Grameen Bank Karmachari Union is..
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. ...... the condemned prisoner has the requisite intention to murder Jannati the impugned order of conviction and sentence of the condemned prisoner under section 302 of the Penal Code is not sustainable in law. 8. Mr. Golam Kibria, Deputy Attorney-General, appearing with Ms. Snigdha Huq, Assistant At..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. ...... 10. I have carefully gone through the impugned order as well as other materials on record. It appears that the learned Senior Assistant Judge duty considered all material aspects of the case and the law bearing on the subject and passed the impugned order on assigning cogent reasons. 11. Sectio..Category: Property Law | Date: | Hits: 65
Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ...... hesitation to say that the impugned order for assessment of the customs duty on the basis of tariff value, which was 1.4508 at time of the invoice value, is arbitrary, illegal and not sustainable in law. 13. With regard to the maintainability, we find the very constitutionality of the notificati..Category: Fiscal/Taxation Law | Date: | Hits: 78
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........ In such view of the matter the question whether notification dated 4th of June, 1998 is retrospective or; not is irrelevant inasmuch as even if it is retrospective it cannot be applicable to a dead law which is notification No.33. 14. In such view of the matter we find no substance in these app..Category: Fiscal/Taxation Law | Date: | Hits: 86
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. ......espondent No.5) directing to take necessary step for reinstatement of Md. Habibur Rahman (Dismissed), Head Master of Shaistabad Moazzem Hossain High School, to his post should not be declared without lawful authority and of no legal effect. The Rule has been discharged by their lordship of the High ..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. ...... statement. The Corporation has also referred further claim upon which a notice in case No. G‑5 of 2002 was already issued upon the plaintiff. He finally submits that the Subordinate Judge erred in law in not staying the proceedings of the suit and referring the matter to the Tribunal of the MCCI,..Category: Alternative Dispute Resolution | Date: | Hits: 245
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