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Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405.......ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405.......ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405...Category: Criminal Law | Date: | Hits: 60
Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)
....ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403.......ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403.......ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403...Category: Others | Date: | Hits: 102
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
....f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399.......f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399.......f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399...Category: Procedural Law | Date: | Hits: 62
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394.......ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394.......ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394...Category: Intellectual Property Law | Date: | Hits: 200
Abul Member and Abul Hussain Vs. Secretary, Ministry of Home Affairs and others, 2002, 31 CLC (HCD)
....tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392.......tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392.......tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392...Category: Criminal Law | Date: | Hits: 22
....rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 497.......he parties made the Rule absolute on the finding that without the approval of the Appeal and Arbitration Committee a teacher of a School can neither be dismissed nor removed from service, that in the absence of approval by the Appeal and Arbitration Committee, the Managing Committee of the School as......rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 497...
Category: Employment/Service Law | Date: | Hits: 133
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
....altu was tried and convicted in-absentia. 3. Prosecution case, in short, inter alia, is that on 22‑1‑1978 at about 12‑00 AM informant Abdul Malek Howlader (PW 10) along with others loaded in total 31 bags of boiled and dried coarse and fine (chikon) paddy belonged to the informant, Moslem A......r section 396 Penal Code against the appellants and was read over to them excluding Paltu (Zahid Hossain), who pleaded not guilty and claimed to be tried. Zahid Hossain alias Paltu was charged in his absence. 6. After closing of the prosecution evidence the appellants Jalal, Helal, Belal and Manj...... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ..Category: Criminal Law | Date: | Hits: 35
Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
....t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156.......t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156....... 19. Considering the aforesaid facts and circumstances of the case as well as the decision cited herein above we are of the view that the Subordinate Judge and Artha Rin Adalat No. 3, Dhaka had no jurisdiction to register the claim of the defendants as Cross Money Suit No. 1 of 1994 and hear the ..Category: Civil Law | Date: | Hits: 101
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
....Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149.......Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149.......Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149...Category: Property Law | Date: | Hits: 31
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
.... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137.......column Nos. 7, 8, 9 of Exhibit 2 it appears that there has been no note or mention by PW 6 about any allegation or complaint of police torture or threat to him (PW 6) by accused Zakir Hossain. In the absence of any such remark or noting by PW 6 in Exhibit 2 in the relevant columns of Exhibit 2 about...... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137...Category: Criminal Law | Date: | Hits: 34
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ......o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ......scriber of the Grameenphone No. 017528070 and a practicing Advocate of the Supreme Court, seeks to impugn the imposition and realisation of royalty and licence fees every year as unlawful and without jurisdiction. By the same rule the respondents were called upon to show cause why they should not be..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10....... the evidence of P.W.1 it appeared that the defendant-respondent No.1 did not raise any objection at the time of admitting exhibit-1 as evidence. In view of the above, Mr. Bhuiyan submits that in the absence of objection as to the formal proof of exhibit-1 at the earliest point of time, the High Cou......le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10...Category: Property Law | Date: | Hits: 36
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
.... fire, riot and strike. 3. These policies were subject to mortgage clauses as the goods were under pledge to Janata Bank and United Commercial Bank Limited (Banks). In all the cases the goods were totally gutted by fire due to electric short circuit on different occasions. The plaintiffs immediat......nder the policies having not claimed moneys, the defendant was liable to pay to the plaintiffs under the policies under section 46 of the Insurance Act, 1938 as they were not 'insured' and (b) in the absence of privity of contract between the plaintiffs and the defendant, there was relationship betw......contained in the policy or in any agreement relating thereto, to receive payment in Bangladesh, of any sum secured thereby and to sue for any relief in respect of the policy in any Court of competent jurisdiction in Bangladesh. This provision enjoins the plaintiffs to claim as of right to receive th..Category: Business or Commercial Law | Date: | Hits: 212
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
.... of the petitioner’s learned Advocate to the effect than once the defendant was inducted in the disputed land with permission to raise construction, he is no more liable to be evicted therefrom, is totally an unacceptable proposition. For the reason stated above, the Rule is dischareged without......point. The purpose of this section is to regulate the status of the tenancy which was created without any written document. The said provision runs as follows: "106. Duration of certain leases, in absence of written contract of local usage.- In the absence of a contract or local law or usage to t...... 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. ..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. ......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. ......under pre‑emption is a finding of fact and unless the finding suffers from infirmity or its perverse, the High Court Division will not interfere with the finding of the lower appellate Court in its jurisdiction. He also pointed out the relevant portion on the evidences on record that PW1 Abdur Ras..Category: Property Law | Date: | Hits: 39
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
....h has also opened the path of the accused person to be acquitted of the charge brought against him. Moreover, the evidences of PW 1, 2 & 3 are also found to be a bundle of contradictions and have totally failed to prove the commission of the offence in the manner as alleged by the prosecution. ......e ambit of section 304(1) the trial Court must give a positive decision that the accused had intention to cause death and is also covered by any of the exceptions of section 300 of the Penal Code. In absence of such findings the impugned order of conviction cannot be sustained. He further submits th...... 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. ..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....... 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....... 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...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....... so required, he can decide the matter and the provision of sub‑section (4) if read ill conjunction with Rule 33(1) it becomes clear that the opposition must be deemed to have been abandoned in the absence of submission of any evidence in support thereof. In the present case there is non-complianc......period after filing of the same before the Registrar that will do and thus there is full compliance with the provision of Rule 33(1) of the Rules. Therefore, the Registrar acted illegally and without jurisdiction in holding that there is no evidence in Support of the opposition and treating of the o..Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....bdul Halim and it was investigating officer at 00.45 hours on 11‑3‑96 as is found from the seizure list or at 11:15 PM on 10‑3-96 as deposed by PW 3 is minimum 3 hours and the prosecution has totally failed to account for as to how the blood‑stained knife in this case was dealt with during......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.......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...Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
.... back deceased Rokeya Begum to his own house Accused Shah Alam came to an agreement with deceased Rokeya Begum that he would not maintain a relationship with second wife accused Khodeja Begum. But in total disregard of the said agreement accused Shah Alam started visiting house of Khodeja Begum and ......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.......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...Category: Criminal Law | Date: | Hits: 31
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