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Nikhil Chandra Halder Vs. State, 2001, 30 CLC (HCD)
....sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ......xamination, the witness stated that the accused used to be treated for his frenzied and obscene conduct. Sometimes he used to behave like a lunatic and often used to run around. Sunil, the brother-in-law of the accused, used to take him to his house for his treatment. In 1993, he underwent treatment..Category: Health Law | Date: | Hits: 266
....and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690.......espondent No. 3 directing to disconnect the electric supply to the petitioner, Modern Cold Storage Limited situated at Feni Town, Feni should not be declared to have been passed illegally and without lawful authority and is of no legal effect.
2. Facts giving rise to this Rule Nisi, briefly, be pu..
Category: Others | Date: | Hits: 131
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......r Specific Performance of Contract pending in the Court of Subordinate Judge, First Court, Chittagong being Other Class Suit No. 49 of 1998, filed by the accused No. 1, Abul Kalam Azad, the father-in-law of the accused petitioner, Abdur Rahman and, as such, the private complaint as lodged by the com..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ...... through, Accused Monir, on bail, absconded after commencement of the trial with the framing of the charge. So the trial was held in absence of those two accused, who were defended by a state defence lawyer. At the last stage of the trial accused Aslam, Aurango and Hasib on bail absconded. They were..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......in Criminal Miscellaneous Case No. 9954 of 2006 cannot be heard on merit and it should be discharged on the ground that the accused petitioners are fugitive from justice. It is a settled principle of law that fugitive from justice cannot claim any protection of law. To substantiate the claim, the in..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of SettleÂment and others, 2006, 35 CLC (HCD)
....interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ......o. 1, First Court of Settlement in Case No. 20 of 1990 (Ka-44 Block-B, Babar Road, Dhaka) and Case No. 65 of 1990 (Ka 45 Block B Mohammadpur, Dhaka) should not be declared to have been passed without lawful authority and are of no legal effect and why the properties in question should not be exclude..Category: Property Law | Date: | Hits: 39
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......its that in the facts of the case the review application under Order XLVII, rule 1 of the Code of Civil Procedure is very much entertainable and the learned Joint District Judge committed no error of law in allowÂing the review application upon setting aside the judgment and order of the appellate ..Category: Procedural Law | Date: | Hits: 75
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......t a sale deed but an exchange deed which is not pre-emptable under section 96(10)(b) of the State Acquisition and Tenancy Act, 1950 but the Court of appeal below without considering the provisions of law allowed the pre-emption causing serious miscarriage of justice. He adds that the date of knowled..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......aside the order of Inspecting Additional Commissioner of Taxes and restored that of the Deputy Commissioner of Taxes as stated hereinabove. 5. In the circumstances, the following questions of law were referred for determination by this Division : (i) Whether shares and debentures are ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......Civil Procedure was kept in the record for consiÂderation of the same at the time of hearing of the appeal and the said order was in force and, as such, the learned court below committed an error of law in entertaining another application on the self-same matter and hearing the same without recalli..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......mits that the impugned execution proceeding being neither "মামলা" nor "বিচারাধীন" the order of transfer of the same by the Adalat under section 60(3) of the Ain is without lawful authority and is of no legal effect. In order to substantiate his argument, the learned Advoc..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
.... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ......¾-৩/অà¦à¦¿(ক) ২০/৯৩ dated 11-3-1999 issued by respondent No. 4 (Annexure-E) imposing compulsory retirement upon the petitioner should not be declared to be arbitrary, mala fide without lawful authority and to be of no legal effect and/or pass such other or further order or orders as t..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged withÂout any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......o new case in pursuance of the provisions of section 60(3) of Artha Rin Adalat Ain, 2003 being inconsisÂtent with 6(e) of the General Clauses Act, 1897 should not be declared as void and without any lawÂful authority and of no legal effect and also the proviÂsions laid down in section 2(ga)(4) an..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....legal effect. The responÂdents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......004 in ZIA was wholly unauthorised and illegal. 11. He submitted that the Customs Authority was definitely convinced that in detaining said shares transfer adhesive stamps no way violated any law and instead of taking final action, they were asking the petitioner for personal hearing by lett..Category: Business or Commercial Law | Date: | Hits: 178
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
.... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ......f average intelligence that it was counterfeit or forged nor any such question was put to the accused during trial, the conviction and sentence of the accused under the section cannot be sustained in law……………………..(30) Even when an uneducated rustic citizen in usual course of dail..Category: Criminal Law | Date: | Hits: 40
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......istered mark C-6724 in class 25 has been made without sufficient cause and such wrong entry in the register should be rectified and the mark should be removed from the Register under the provision of law. 3. Conversely, the claims of the appellant as made in Form TM-6 are that the applicant f..Category: Intellectual Property Law | Date: | Hits: 198
A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......essing the said facts, the accused petitioner A. Wadud obtained anticipatory bail from this Court. Here, it may be pointed out that at the time of granting anticipatory bail, it is the requirement of law that the accused must be present before the Court and the court being satisfied that accused is ..Category: Criminal Law | Date: | Hits: 29
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......ned Advocate appearing for the petitioner supports the Rule and submits that when the application for withdrawal is allowed, refusing permission to sue afresh on the selfsame subject-matter is bad in law. In support of his contention the learned Counsel refers the case of Shyamal Chandra Roy vs. Pro..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......ugned judgment allowed the Miscellaneous Case and revoked the Letter of Administration. 5. The learned Advocate appearing for the apÂpellants contends that the learned District Judge erred in law in revoking the Letter of Administration in failing to notice that the respondent No. 1 has file..Category: Property Law | Date: | Hits: 68
Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
....ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ......ning the punishment for recovery of Taka 25,984.00 out of total value of the cable Taka 1,03,937.17 and to implement the judgment within 40 days should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Labour and Industrial Law | Date: | Hits: 114
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