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Mati Lal Karmakar and Another Vs. Kalandar Talukder and another, 1998, 27 CLC (HCD)
....eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390.......eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390.......eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390...Category: Property Law | Date: | Hits: 64
Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)
....his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ......his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ......his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ..Category: Employment/Service Law | Date: | Hits: 84
Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)
.... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ...... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ...... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ..Category: Property Law | Date: | Hits: 84
Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)
.... the two co-accused, who opened the L/C but in spite of series of correspondence exchanged between the bank and the importer, made only part payment and assured of further payment but did not pay off total bank dues; that in the FIR and charge sheet there was only allegation of a vague nature that t......he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ......he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ..Category: Criminal Law | Date: | Hits: 55
District Registrar, Manikgonj Vs. Md. Shariful Islam and others, 2009, 38 CLC (AD)
.... of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 26. ...... of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 26. ......emo No.534 dated 17.4.1994 issued by defendant petitioner No.3 directing the plaintiff to remain present in his office on 21.4.1994 with the register, seal and other documents being illegal, beyond jurisdiction and contrary to the relevant provisions of law are not binding upon him. 4. The pl..Category: Civil Law | Date: | Hits: 106
Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)
.... be sustained and accordingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ...... be sustained and accordingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ......re merely kept in the record. 9. As it appears the High Court Division held that since the suit property described in the Deed No.15294 dated 10.11.86 made in favour of Beraful Nessa was under the jurisdiction of Gomostapur Sub Registry Office, the said deed, being registered in Nawabganj Sub-R..Category: Property Law | Date: | Hits: 109
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....of statute is involved. The facts and circumstances of the cases reported in 60 DLR (AD) 147, 49 DLR (AD) 111, 40 DLR (AD) 206 and 15 MLR (AD) 141 and the questions of law involved in those cases are totally distinguishable from the facts and circumstances of the instant case before us and as such t......n incompatible with or contrary to the provisions of the section. Such incompatibility would have to be ascertained from a consideration of all the relevant provisions of the new statute and the mere absence of a saving clause is by itself not material. In other words, the provisions of Section 6 of......minal Law Amendment Act, 1958 and also the schedule to the A.C.C. Act, 2004 by inserting offences under the Ain of 2002 in both the schedules, the ACC has been emboldened with the exclusive power and jurisdiction to enquire into and conduct investigation of offences of money laundering, prosecution ..Category: Civil Law | Date: | Hits: 174
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
.... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ......Appellate Division held that the murder occurred while the condemned prisoner was living with his wife in the same house. So, he was under an obligation to explain how his wife met with death. In the absence of any explanation coming from his side, it seemed none other than the husband was responsib...... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ..Category: Criminal Law | Date: | Hits: 84
Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)
....he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for rehearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ...... the learned Advocate for the opposite parties the hearing was adjourned to 8‑11‑2001, although no one appeared for the petitioner. Thereafter, the Rule was heard in part on 11‑11‑2001 in the absence of the learned Advocate for the petitioner and was adjourned to 19‑11‑2001 on the prayer......gh anxiety' leave petition was filed only to save limitation. I do not see any legal bar in disposing of this application on merit as mere filing of a leave petition does not ipso facto take away the jurisdiction of this Court, unless any interim order was passed by the Appellate Division regulating..Category: Property Law | Date: | Hits: 73
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....of its properties situated at the premises at the holding No. 28, Hatkhola Road Dhaka. In pursuance to the said agreement an amount of Taka 55,000 by way of advance was paid to the company out of the total consideration of Taka 70,000 and the possession of the said property was also handed over to t......annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ......annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ..Category: Business or Commercial Law | Date: | Hits: 194
Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ......ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ......ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ..Category: Intellectual Property Law | Date: | Hits: 226
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
.... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ...... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ...... Since the divorce is the essence of valid marriage and both the courts below concurrently held that it is a valid marriage and that finding is a finding of fact cannot be disturbed in the revisional jurisdiction. She further submits that the marriage during the pregnancy is not a void and irregular..Category: Family Law | Date: | Hits: 186
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....e victim cannot avoid criminal liability for the unnatural death of his wife. His act, if there be any, prima facie discloses an offence punishable under the Penal Code. 11. The Bishesh Adalat has totally over looked this aspect of the matter. We find that the prosecution has failed to prove the ......ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......ng the fulfillment to the letter of statutory conditions precedent to the infliction of punishment; and in insisting on the strict observance of technical provisions concerning criminal procedure and jurisdiction" (Maxwell on the Interpretation of Statutes, Twelfth Edition.) 10. We find that ther..Category: Criminal Law | Date: | Hits: 43
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ...... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ...... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ..Category: Criminal Law | Date: | Hits: 45
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....r under section 482 does not stand repelled by the overlapping of the revisional power under section 397 and the same cannot affect the amplitude of the power preserved under section 482. There is no total ban on the exercise of inherent power where abuse of the process of the Court or other extraor......n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ......n a case like this Court exercising the inherent power can grant ad-interim bail to the accused-petitioner to secure the ends of justice. He has placed before us some case laws of the sub-continental jurisdiction. He referred to a decision of the Delhi High Court in the case of Devendra Dutt and oth..Category: Criminal Law | Date: | Hits: 60
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ......corded as 'Barga Korfa' the intention was very clear that it was not a simple interest of 'Barga' as we popularly understand. Such tenancy was definitely heritable and transferable. 16. But in the absence of any material on record the appellate Court held that such tenancy was not transferable, w...... the absence of any material on record the appellate Court held that such tenancy was not transferable, which must be held to be based on conjecture and speculation. A final Court of facts has got no jurisdiction to decide a fact upon any sort of speculation or conjecture. Such finding therefore, mu..Category: Property Law | Date: | Hits: 76
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....rder sheet of the cases and submits that at no point of time the detenus were produced in Court when the prayers for remanding in custody showing them arrested in different cases were made. They were totally denied of their right to consult and be defended by a legal practitioner of their choice. He......atements made in the petitions. Learned Additional Attorney-General has not disputed the facts stated in the petitions. 6. Mrs. Tania Amir, appearing on behalf of the detenus, contends that in the absence of any ground for believing that the detenus had been concerned in any cognisable offence, t......en concerned in any cognisable offence, the use of section 54 of the Code as an instrument for putting them in detention and also showing them arrested in different cases are unauthorised and without jurisdiction. She further contends that the orders of the Magistrate remanding the detenus in the ju..Category: Criminal Law | Date: | Hits: 70
Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)
.... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ...... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ......he election tribunal has been invested with all the powers of the Code of Civil Procedure for deciding an election and as such a decision passed by the election tribunal is amenable to the revisional jurisdiction of the High Court Division. 8. I have considered the submissions of the learned ..Category: Election Law | Date: | Hits: 79
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ..Category: Criminal Law | Date: | Hits: 72
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..Category: Criminal Law | Date: | Hits: 69
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