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Karam Ali Vs. State, 2001, 30 CLC (HCD)
....and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378....... not find any reason to hold that the defence has been prejudiced for non-examination of the investigation officer, although non-examination of the investigation officer in a criminal case is usually viewed with disapproval. 23. Now a legal question that troubles our mind is, that accused appella..Category: Criminal Law | Date: | Hits: 97
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......to the suit and by staying on the Waqf property by any successor of the Waqf, it does not create any ownership and interest in favour of the plaintiff petitioners for getting permanent injunction. In view of the case law reported in 41 DLR 77, Jalaluddin Ahmed Vs. Matiur Rahman Khan the general reme..Category: Trust/Waqf Law | Date: | Hits: 187
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
.... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ......d judgment and order, the two accused appellants preferred this appeal before this Court. 8. Mr. Abdul Mann an Khan, the learned Advocate appearing for accused-appellant Tara Miah, submits that in view of the fact that the investigation of the case was conducted by an Assistant Inspector of the D..Category: Criminal Law | Date: | Hits: 40
Khadem Ali (Md) Vs. State, 2000, 29 CLC (HCD)
.... of in question. In the result, the Rule is made absolute and the delay 916 days in filing the revisional application is condoned. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 281. ...... the delay in paragraph Nos. 3-5 of his application under section 5 of the Limitation Act. 4. Mr. Md. Khurshid Alam Khan, the learned Advocate appearing for the accused petitioner, submits that in view of the fact that there is no prescribed period of limitation either in the Code of Criminal Pro..Category: Criminal Law | Date: | Hits: 32
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
.... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ....... Mr. Faruque then produced original statements before the Court which were also shown to Mr. Khandker Mahbubuddin Ahmed, one of the learned Advocates for the petitioners. 5. On the law point, the view of the learned Deputy Attorney-General and Mr. Anisul Haque is that due to non-transmission of ..Category: Criminal Law | Date: | Hits: 45
Bangladesh Marine Fisheries Association Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....nd no fine by way of penalties can also follow for thereof. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 273. ......ident MKA Bariqullah the said application was allowed but no Affidavit-in-Opposition has been filed. 2. Mr. Mahbubur Rahman, the learned Counsel appearing for the petitioner, has submitted that in view of the provision of section 55(3) of the Marine Fisheries Ordinance, 1989 providing that the ru..Category: Civil Law | Date: | Hits: 115
Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......etrate the brutal act of retribution by pouring petrol on the body of victim Mohsena Khatoon and then to set fire to it to have a devilish laugh at her plight. In the facts of the case, we are of the view that the motive for the heinous offence has been convincingly proved by the prosecution. In suc..Category: Criminal Law | Date: | Hits: 53
Dhaka Leather Company Ltd. Vs. Sikder Construction Ltd. and another, 2001, 30 CLC (HCD)
....result, the Rule is discharged. No costs. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 357......., no one was found on behalf of the defendant to press the application. The application was however heard in presence of said opposite party and rejected by the learned Subordinate Judge being of the view that the question of limitation was a question of both facts and law, and could not be decided ..Category: Procedural Law | Date: | Hits: 69
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
....e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ......er to execute the deed dated 25-8-77 which, in fact, is a deed of will and not a deed of gift and further, Alimuddin was not competent to make a will exceeding 1/3rd share of his property and, in any view of the matter, late Alimuddin did not execute deed dated 25-8-77 which is a creation of forgery..Category: Property Law | Date: | Hits: 32
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
....is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ......sary party. 10. In the case of Mohammad Ishaq, Mr. Kaikaus, J as his Lordship then was, in a suit for specific performance allowed the application for addition of a 3rd party, saying- “In the view that I take, namely, that a person who claims adversely to the vendor and vendee can be implead..Category: Property Law | Date: | Hits: 31
Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)
....impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271....... case observed there: “section 34 is not meant for establishment of any right but it provides for enforcement any existing right, guaranteed or secured by law, award, or settlement”. 15. In view of the clear provision of law and in view of the aforesaid decision we cannot but hold that the..Category: Labour and Industrial Law | Date: | Hits: 117
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......on kept mum at the time of its preparation. It is contended by the learned Advocate of the opposite party No. 5 that the petitioner suddenly woke up from his slumber and filed the instant suit with a view to frustrating the election. The learned Advocate of opposite party No.5 sums up his submission..Category: Labour and Industrial Law | Date: | Hits: 99
....) Ltd. registered on 6-4-93 is null and void.
Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 263.
......nd and having been denied this right plaintiff can challenge the allotment on this score, but we mean that the plaintiff can challenge the process leading to the allotment as fraudulent or illegal in view of a particular fact that plainti’ffs application for getting lease of the suit land was prev..
Category: Property Law | Date: | Hits: 72
Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)
....d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ...... Das is now more than 24 years old, Liton Chandra Das is 22 years old and the youngest daughter Lipi Rani Das is now 20 years old. 18. In the light of my findings and discussions made above and in view of the provisions of section 2(d) of the Children Marriage Restraint Act, 1929 Lilu Rani Das an..Category: Family Law | Date: | Hits: 186
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......-holders by removing the judgment-debtors and, as such, the writ for delivery of possession could not be passed on the basis of such decree. Hearing the application, the execution Court found that in view of the order dated 8-6-99 of this Division, the application of the petitioners on 22-6-2000 was..Category: Property Law | Date: | Hits: 29
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
.... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340.......1 CPC is competent to set aside the ex parte decree and accept the written statement filed on 17-3-93. Earlier, after hearing the learned Advocates both the sides we, by our order dated 10-7-2000, in view of conflicting decisions of the present issue, referred the matter to the learned Chief Justice..Category: Civil Law | Date: | Hits: 93
State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)
....hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ...... after having made it. In the facts of the case the first information report is clearly admissible in evidence under section 32 of the Evidence Act. This may also be treated as a dying declaration in view of the fact that victim Abdul Mabud Master himself dictated the ejahar at a time when his physi..Category: Criminal Law | Date: | Hits: 76
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ......n Ahmed, the learned Advocate appearing on behalf of the convict-appellant, submits that the impugned judgment is not a proper judgment and the order of conviction and sentence is not maintainable in view of the evidence on record and the impugned judgment is liable to be set aside. He further submi..Category: Criminal Law | Date: | Hits: 32
Rice Mill Owners Association Vs. Government of Bangladesh and others , 2002, 31 CLC (HCD)
....rder or certified copy thereof from the parties hereof. Let a copy of this judgment and order be sent to the respondent No. 2 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 325.......s not been considered. The aforesaid statement of the writ petition not being controverted the same is to be considered as true and correct in the eye of law. 9. In the circumstances we are of the view that there is violation of Rule 3 sub-rule 8 of Trade Organisations Ordinance, 1994, i.e. non d..Category: Civil Law | Date: | Hits: 162
Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)
....the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306.......adesh and at his address in Bangladesh” does not specifically provide jurisdiction to this court. Therefore, the only remedy available to the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case..Category: Company Law | Date: | Hits: 208
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