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Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
.... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ......r delivered personally to Such party, or to one of his family or servants, at his residence, or if such tender or delivery is not practicable affixed to a conspicuous part of the property." 10. In view, of specifically mentioned 3 months’ notice in the written contract, the learned Judge of the..Category: Property Law | Date: | Hits: 28
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......ussed above the appellate Court has misread and misconstrued the evidences on record and committed an error of law resulting in an error in the decision occasioning failure of Justice. 17. In that view of the matter the Rule is made absolute without any order as to costs. 18. The Judgment and ..Category: Property Law | Date: | Hits: 39
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
.... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ......dships have clearly observed that the question of non‑existence of the facts and circumstances of the case the examination of the investigating officer is not fatal to the prosecution. To have this view their Lordships have relied upon the decision of the case Abdus Sobhan vs. State reported in 45..Category: Criminal Law | Date: | Hits: 30
Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)
.... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149.......19 (nineteen) defendants for a decree of declaration that the plaintiffs have got title in the suit land measuring about 15 acres, that orders dated 13‑9‑90 and 29‑8-91 passed in appeal and review in mutation proceedings are illegal, void and not binding upon them and the kabalas including o..Category: Procedural Law | Date: | Hits: 65
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
.... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145.......trar on 1‑3‑2001 but no copy of the evidence was forwarded to the applicant. Thereafter on 20‑3-2001 the applicant filed an application before the Registrar seeking a hearing on the matter in view of the fact that no evidence was forwarded to them and thereafter, the matter was fixed for hea..Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......nder section 164 Cr.P.C. can only be used for contradicting him under sections 145 and 155 of the Evidence Act or for the purpose of corroborating him under section 157 Cr.P.C." In support of this view, reference may be also made to the case of Manik Gazi vs. Emperor reported in AIR 1942 Cal 36. ..Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......On account of torture Rokeya Begum left the house of accused Shah Alam and went to her father informant PW 1 Abdul Gafur's house three/four months after second marriage with accused Khodeja Begum. In view of arbitration accused Shah Alam transferred some of his property to deceased Rokeya Begurn by ..Category: Criminal Law | Date: | Hits: 31
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
....grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120....... on the authority and the officers and that any benefit given to the officers by the authority through the Rules cannot be taken away without due process as embodied in the Rules. Hence we are of the view that the authority should act in compliance of the Rules and any deviation from that shall make..Category: Employment/Service Law | Date: | Hits: 77
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......ivil Petitions for Leave to appeal No. 510, 516, 517 and 636 of 2002. All the leave petitions were dismissed by the Appellate Division on 2nd July, 2002. The petitioner thereafter preferred a Civil Review Petition being No. 79 of 2002 before the Appellate Division which was heard along with Civil Re..Category: Information Technology Law | Date: | Hits: 230
Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)
.... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ......rd in Court on 9‑5‑2001, the petitioner appeared on 26 6‑2001 and obtained time to file objection to the award. By such step, the petitioner was well aware of filing of the award in Court. In view of Article 158 of the Limitation Act, Mr. Mohiuddin Ahmed submitted that the objection filed on..Category: Alternative Dispute Resolution | Date: | Hits: 161
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......ule, which was ordered to be heard on date earlier fixed i.e. 8‑10‑2001. On 8‑102001, hearing the application, learned Joint District Judge by the impugned order allowed the same being of the view that whether or not there was any violation should be ascertained by a commission, and asked th..Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......pany Court after hearing the parties by its order dated 15-4‑2002 was pleased to allow the application of the present petitioner after invoking its jurisdiction under section 85(3)) of the Act in view of the facts and circumstances of the case and condoned the delay in holding the AGM for the af..Category: Banking Law | Date: | Hits: 158
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69.......ce over payment of Mohor money and maintenance for which accused Helal along with his two other brothers (appellants) tried to put pressure upon her (Solema) to withdraw the case and with that end in view on 25th January, 1995 at about 5‑00/5‑30 PM went to their (informant) house being armed wit..Category: Criminal Law | Date: | Hits: 28
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65.......defence was duty bound to explain his conduct as to how she met with death. But admittedly, the accused‑ appellant failed to come with any reasonable explanation as to how she met with death and in view of such facts and circumstances he submits that the impugned judgment and order of conviction d..Category: Criminal Law | Date: | Hits: 88
Sirajul Islam @ Siraj and another Vs. State, 2003, 32 CLC (HCD)
.... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ...... অর্থদণ্ড বা উভয় দণ্ড৷ 8. The alleged offence as reported by the SI of Police is storage and sale of polythene bags. So, it falls within the purview of SI No. 4(Kha) of the table as stated above. 9. The procedural law applicable to the said ..Category: Environmental Law | Date: | Hits: 414
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......ror in the decision occasioning failure of justice." 38. Power under the section is revisional in nature. This power is quite distinct and different from the powers to be exercised in appeal and review. This extraordinary power vests in the High Court to correct error of law of the Subordinate Co..Category: Civil Law | Date: | Hits: 100
Noor Mohammad Vs. Md. Noor Hossain & another, 2002, 31 CLC (HCD)
.... Title Suit No. 238 of 2000 now pending in the Court of the 4th Additional Assistant Judge, Dhaka is vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ......ission shall not be decided in the present suit. This is a suit for ejectment filed by the plaintiff against the defendant claiming that the defendant is a monthly tenant under the plaintiff. In that view of the matter the presence of Dhaka City Corporation as a defendant in the suit is neither nece..Category: Tenancy Law | Date: | Hits: 171
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......or a declaratory decree as to the illegality of the order dated 19.09.1981 for termination of the plaintiff from his service without any prayer for consequential relief was not maintainable in law in view of Section 42 of Specific Relief Act. The impugned decree passed by the lower appellate court d..Category: Employment/Service Law | Date: | Hits: 95
Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)
....ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ......ervice' is not clear to us? Both the Administrative Appellate Tribunal and the Administrative Tribunal failed to notice Rule 34 of the Civil Service Rules, Part-1 which provides "unless Government in view of special circumstances of the case, shall otherwise determine, after five years' continuous a..Category: Administrative Law | Date: | Hits: 229
Reaz Shahid @ Milon Vs. State, 2001, 30 CLC (HCD)
.... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385.......apatta Case No. 47 of 2000. Charge was framed on 21-5-2000 under sections 10/12 of the Ain of 2000. 5-6-2000 was fixed for trial. One prosecution witness gave Hajira. No evidence could be recorded in view of non-production of accused Mokter Hossain before Tribunal. Thereafter, from 20-6-2000 to 19-2..Category: Criminal Law | Date: | Hits: 34
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