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Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ..Category: Property Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....No. 0721635 dated 6‑7‑1999 for an amount of Taka 1,58,177, Cheque No. 254985 dated 22‑8‑1999 for an amount of Taka 60,000, Cheque No. 254986 dated 7‑9‑99 for an amount of Taka 1,00,000 in total Taka 7,78,044 towards payment of the outstanding price of the cloths. All these cheques 6 in n......called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ......called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ..Category: Criminal Law | Date: | Hits: 38
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. ......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. ......urn of the plaint presumably under Order VII rule 10 of the Code of Civil Procedure alleging, inter alia, that the market value of the suit land is above one crore as such the Assistant Judge, had no jurisdiction to " the same. The said application has been annexed with the revisional application as..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
.... 62. This takes us to a fundamental matter in dispensation of Criminal Justice which is, the treatment of victim of sexual assault in Court/Tribunal by Defence Lawyer during crossÂexamination. In total disregard of provision of The Evidence Act regarding the relevancy of facts some Defence lawye......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 custody of boy's father during former's temporary absence in this country is before us in this Criminal appeal. 3. The girl who is victim of rape c......igorous Imprisonment for one (1) year more. A Single Judge of High Court Division disposing of a Criminal appeal preferred by convictÂ-appellant observed that the trial had been vitiated for want of jurisdiction inasmuch as Nari‑o‑Shishu Nirjatan (Bishesh Bidhan) Adalat could only try an offenc..Category: Criminal Law | Date: | Hits: 64
....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.......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.......ical to the petitioner, made an application to the respondent No. 2 for cancellation of the Mutation Case No. 1518 of 1990 on certain false allegation and though the respondent No. 2 did not have the jurisdiction to entertain such application, who became functus officio after allowing Mutation case ..
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. ......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. ......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. ..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. ......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. ......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. ..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. ......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. ......w that initiation of the isolated proceedings under section 98 of the Code of Criminal Procedure by issuing, notice for the purpose of passing order relating to search warrant was illegal and without jurisdiction of the learned Metropolitan Magistrate. There is also no scope to issue such a notice b..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.
......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.
......ust be held to be mala fide.
43. In the circumstances, cancellation of the lease of the plaintiff and allotment of the suit plot to defendant No.7 must be held to be illegal, mala fide and without jurisdiction. We are of the view that the learned Subordinate Judge missed the real issue in the sui..
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. ......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. ......ppellate Division dismissed a civil petition for leave on the view: "6. The learned Counsel for the petitioners contends that unless the documents are first admitted into evidence the Court has no jurisdiction to send them for chemical examination. 7. The defendants have every right to crossâ€..Category: Property Law | Date: | Hits: 61
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....nd 2 examined one witness each and their documents were marked as exhibits 'Ka' and 'Kha'. 11. By the impugned order, learned arbitrator allowed the application in part and granted compensation in total of Taka 5,19,27,168.25. 12. Mr. Md. Rafiqul Islam, learned Senior Advocate, challenged the ......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. ......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. ..Category: Property Law | Date: | Hits: 77
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......accused petitioner was not prejudiced in any way due to examination of these witnesses. Thus, we do not find any illegality or impropriety in the orders calling for interference in this revisional jurisdiction. In the result the Rule is discharged. The order of stay is hereby vacated. Co..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....der the first information report, Charge-Âsheet, statements of witnesses recorded under section 161 of the Cr.P.C." It was further held by their Lordships, "The order of discharge has been made on a total non‑application of judicial mind to the materials on record. There being a prima facie alleg......h the case from the stage before discharging of the accusedÂ-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......Â-opposite parties should be quashed. 8. Mr. Akram Hossain Amin, the learned Advocate for the accused‑opposite parties, on the other hand, submits that the learned Magistrate in exercise of his jurisdiction under section 241A of the Code of Criminal Procedure rightly discharged 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. ...... 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. ...... 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. ..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. ......rsity Case, is empowered to take decision after ex post facto investigation into facts which would result in consequences affecting the person, property or other rights of another person, then in the absence of any express was in the enactment giving such power excluding the application of the princ....... 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. ..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.
...... 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.
...... the case by filing written statement traversing all the assertions and allegations contained in the application. The petitioner contended, inter alia, that the Second Labour Court had no territorial jurisdiction to entertain the case; that the petitioner did not commit any unfair labour practice, r..
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. ......nd sentencing the condemned prisoner relying on his confessional statement in the facts and circumstances of the case inasmuch as the confessional statement is binding on him as its maker even in the absence of any corroboration. 18. The point raised by the defence that the trial has been vitiate...... 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. ..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. ......impounded after duty and penalty have been paid under section of the Stamp Act. The required duty would be the duty as prescribed in Bangladesh on the date of execution of the document. The defect of absence of Bangladesh stamps on the disputed power of attorney and the breach of the time limit for ...... 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. ..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. ......be, is always entitled to prove the actual price of such goods. 11. In the case before us, the importer produced duly endorsed and attested invoices quoting the price of the imported goods. In the absence of any document whatsoever to the contrary, such invoice value cannot be ignored. 12. In ......aintainability, we find the very constitutionality of the notification publishing the price of the imported cigarette papers was challenged in the writ petition and the appellate authority has got no jurisdiction to decide such question of constitutionality of tariff value of such goods. So, the sta..Category: Fiscal/Taxation Law | Date: | Hits: 78
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....equivalent to Taka 110,000,000 against international market loss and US $ 5,000,000 equivalent to Taka 275,000,000 against injury to health, causing mental agony and shortening of life expectancy, in total Taka 440,000,000. Plaintiffs offer being firm bid No. F 1431 dated 23‑9‑1998 for 97,337 ba......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. ......nd/or 'in connection with' and/or 'in consequence of’ or 'relating to' this contract were intended by both parties to the contract not to leave any matter, dispute, difference and/or claims outside jurisdiction of the named arbitrator. Regarding the life of the contract, the intention was also mad..Category: Alternative Dispute Resolution | Date: | Hits: 245
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