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Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)
.... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84.......of the land under pre-emption through court. 3. Mr. Abdul Momen Chowdhury in support of this Rule vehemently urges before me that there was no service of summons on the petitioner in the eye of law and the learned Court below was wrong in dismissing the Misc. Case No. 81 of 1983. He further ..Category: Property Law | Date: | Hits: 29
Angur Vs. State, 1988, 17 CLC (HCD)
....e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......convict Angur preferred this appeal. 13. Mr. Shawkat Ali Khan, the learned Advocate appearing on behalf of the appellant submits that the prosecution and conviction of the appellant are bad in law as they are in violation of the provision of sub-sections (1) and (3) of section 339 of the Co..Category: Criminal Law | Date: | Hits: 42
Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)
....passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62.......ode of Criminal Procedure with minute particularity so as to ensure that the confessing is absolutely free from the slightest tinge or taint of extraneous influence," "It is a settled principle of law" as pointed out by a Division Bench of this Court in the case of Zaheda Bewa & another Vs. The S..Category: Criminal Law | Date: | Hits: 31
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
....nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......y of the conducting staff and the voters pollings were stopped there. But in each and every Polling Centre there were interruptions and disturbances and polls could not be held in accordance with law and therefore he prayed for taking necessary action. But despite the fact that election was st..Category: Election Law | Date: | Hits: 119
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......nd 11.4.88 and the declaration of the respondent No. 5 as elected Chairman of the said Union Parishad, despite his being statutorily disqualified, should not be declared to have been passed without lawful authority and of no legal effect. 2. Petitioner's case in short is that the petitioner a..Category: Election Law | Date: | Hits: 104
Sonali Bank Vs. Meghna Vegetable Oil Industries Ltd. & ors., 2009, 38 CLC (AD)
....wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644.......int was rejected on erroneous ground that there was no cause action for filing the suit. The High Court Division considered the agreement and found that the terms and conditions are not barred by any law and relate to the adjustment of the loan liabilities of the plaintiff appellants and the defen..Category: Procedural Law | Date: | Hits: 81
.... preparation of paper books is dispensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 631....... বিষয়ে বিতর্কের কোন অবকাশ নাই”। The learned Advocate further submitted that the High Court Division as well as the Court of Appeal below erred in law in discharging the Rule on non-reading and misreading of material evidence on record and on mis..
Category: Property Law | Date: | Hits: 27
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
....n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ......et aside the order of the Appellate Additional Commissioner of Taxes and directed the Appellate Additional Commissioner of Taxes to hear the appeal on merit and dispose of the same in accordance with law. 3. The applicant has formulated the following question of law which is said to arise from th..Category: Fiscal/Taxation Law | Date: | Hits: 55
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......rder was recorded by Order No. 30 on 11-10-1990 and since 31-7-1990 this suit will be prosecuted in accordance with the provisions of Artha Rin Adalat Act (‘the Act’ for short) which is a special law. According to section 3 of the Act the provisions of this Act will be effective notwithstanding ..Category: Civil Law | Date: | Hits: 79
Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)
....a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453.......din J. - This Rule was issued calling upon the respondents to show cause as to why the impugned letter dated 21-6-1999 (Annexure G to the petition) shall not be declared to have been made without any lawful authority and why the respondents shall not be directed to deliver the possession of 3 godown..Category: Property Law | Date: | Hits: 22
....dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448.......
Judgment
Md. Marzi-ul Huq J.- This Rule was issued calling upon the respondent to show cause as to why the impugned notice complained against should not be declared to have been made without any lawful authority and of no legal effect.
2. The case of the petitioners Mrs. Doris Begum is that ..
Category: Property Law | Date: | Hits: 22
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
.... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445.......-2001 under section 406 of the Penal Code. 4. The petitioner being aggrieved by the order of taking cognisance under section 406 of the Penal Code and framing of charge in the aforesaid section of law preferred this Miscellaneous Case under section 561A of the Code of Criminal Procedure. 5. Mr..Category: Criminal Law | Date: | Hits: 29
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
.... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440.......n 33 DLR (AD) 124. Mr. Shahid lastly, submits that the appellate Court passed the impugned Judgment and decree without the consideration of these legal aspects of the case and thus committed error of law resulting in an error in the decision occasioning failure of Justice and, as such, the same call..Category: Property Law | Date: | Hits: 23
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......able to be quashed. He further submits that the learned Divisional Special Judge committed an illegality in framing charge of non-schedule offence with the schedule offence and that this violation of law also renders the framing of charge against the accused petitioners illegal for which the proceed..Category: Criminal Law | Date: | Hits: 62
.... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430.......er dated 26-7-1994 and 28-6-95 and the order of the cancellation of registration of the petitioner’s Union vide Memo No. RTU (22) 97/642/1 (7) dated 15-8-1994 shall not be declared illegal, without lawful authority and to be of legal effect and also to show cause as to why registration of petition..
Category: Labour and Industrial Law | Date: | Hits: 158
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......orney-General, Mustafa Zaman Islam, Assistant Attorney-General— For the Respondents. Writ Petition Nos. 2718 of 2001 and 2968 of 2001. Judgment Syed Amirul Islam J. - As common question of law and facts are involved in these two Writ Petitions, They are heard together and are being dispos..Category: Fiscal/Taxation Law | Date: | Hits: 63
Ferdousi Islam Vs. Nur Mohammad Kha and others, 2000, 29 CLC (HCD)
.... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418.......suffers from illegality and thus calls for interference. It there is any other case, ending in charge-sheet against others including the petitioner, the said case may be dealt with in accordance with law. But existence of any such case cannot entitle the accused opposite parties to be discharged und..Category: Criminal Law | Date: | Hits: 33
Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)
....hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416....... the beginning of the hearing of the case, but because of his own bona fide mistake and oversightedness and due to old age he could not do so and for this his client, however, should not suffer. When law provides that withdrawal simpliciter of a suit may be effected under Order XXIII rule 1(1) CPC e..Category: Procedural Law | Date: | Hits: 83
....any direction in accordance with law in case of holding of any big congregation.
With the observations made above the rule is disposed of.
Ed.
This Case is also Reported in: 54 DLR (2002) 413.......ernment and private, were damaged and some innocent civilians lost their lives. Mr. Hakim submits that under such circumstances the local administration had to take action and in order to restore the law and order situation, police entered into the campus and drove away the rival groups who were eng..
Category: Property Law | Date: | Hits: 25
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409.......urt and obtained the present Rules. 10. In view of the fact that the two Rules arise out of the same judgment, I am inclined to dispose of these Rules by a single judgment, as similar questions of law and facts are involved in the rules. 11. I have carefully gone through the impugned judgments..Category: Civil Law | Date: | Hits: 69
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