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Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)
....s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31....... thinks fit to proceed under Clause (2) of Statute 6, by appointing an officer or a teacher of the University to examine and report on the allegations against a delinquent employee, it does so with a view to taking a decision as to whether a formal enquiry should be held. Until the preliminary inves..Category: Criminal Law | Date: | Hits: 74
Akbar Ali and others Vs. State, 1986, 15 CLC (HCD)
....essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29....... “6. In this section in determining time only the working days shall be counted." 8. Now the question that comes for our determination is: what is the meaning of the words 'working days'. In our view 'working days' mean the days on which a Judge works as such. So, the days when the learned Sess..Category: Criminal Law | Date: | Hits: 24
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
....e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......kabala. The learned Subordinate Judge, therefore, believed the evidence of the P.Ws. and held that the kabala, was with consideration. He, did not, however, consider the question of possession upon a view that the proof of the custody of the document with the defendant and the passing of the conside..Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......ing the submission made by the learned Advocate of the appellant to the effect that the appellant was given possession of the disputed land on the date of execution of the kabuliyat i.e. on 2.7.55 in view of the petition filed by the appellant on 4.2.58, Ext. A(1) wherein the appellant himself state..Category: Property Law | Date: | Hits: 36
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
.... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18.......making it an established principle of law that the detention on grounds vague and indefinite without giving sufficient materials to enable the detenu to make effective representation is illegal. This view is supported by the decisions reported in 31 DLR (AD) 1979 P-1, PLD 1959 Dac. P-774, AIR 1953 P..Category: Criminal Law | Date: | Hits: 40
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ...... of the same, then there remains nothing for the Court to ask for. The door of justice will not be shut out to the party simply because a formal application is lacking. 10. We are supported in our view by the language of section 5 of the Limitation Act which is as follows:- "5. Any appeal or a..Category: Procedural Law | Date: | Hits: 101
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......s reserved for judgment, from the stage on which the suits stood on the date fixed for judgment. The appellant then applied to the trial Court to take evidence on his behalf. The trial Court took the view that hearing in the two suits was over and all that the appellant was entitled to was to hear t..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ...... under section 103 of the Banking Companies Act, 1991 and the bank cannot withhold the payment when there is a direction of the account-holder at the time of opening of the account. He argued that in view of the clear provision of section 103 of the Banking Companies Act, 1991 the bank may not be in..Category: Banking Law | Date: | Hits: 122
Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)
....n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ......he salvaged goods subject to the assessment and payment of VAT. The petitioner in reply to the aforesaid letter by his letter dated 26-2-95 stated that the salvaged goods would not come within the purview of the assessment of VAT and further requested to accord permission to remove these goods from ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......maintainable before the Artha Rin Adalat. Subsequent amendment of the law has not changed the forum as it is well-settled that such suit will continue to be proceeded with where it was filed. In that view of the matter we hold that the suit filed before Artha Rin Adalat is very much maintainable and..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......torney-General, appeared before the Court and submitted that he is not appearing on behalf of the illegal contemner, rather he is appearing as Attorney-General appeared on behalf of the Government in view of the fact that a notice of this application was given to him and he found that questions of i..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......e Station has contested the Rule by filing affidavit-in-opposition denying the allegations made in the original application stating, inter alia, that at the instance of some interested persons with a view to feed fat their personal grudge this respondent No.4 has been implicated upon some misreprese..Category: Criminal Law | Date: | Hits: 106
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11....... Writ Petition No. 7578 of 2003. Judgment Md. Abdul Matin J.- This Rule was issued calling upon the respondents to show cause as to why they should not be directed to conduct an immediate review of the cases of the prisoners and other 155 ‘under trial’ prisoners held in Dhaka Central J..Category: Criminal Law | Date: | Hits: 45
Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)
....ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ......ision was given relying on a decision of the Privy Council in Raja Run Bahadoor Singh Vs. Mussumut Lachoo Koer 12 IA 23. Having given anxious consideration to this aspect of the matter, we are of the view that if the decision in a case is in favour of a party and gives him all the relief sought for ..Category: Election Law | Date: | Hits: 159
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ...... we have no doubt that the same was filed before the expiry of 15 days which the accused petitioner is entitled to get under proviso(c) to section 138. So, the case is undoubtedly premature. Now, our view is that even though the case is pre-mature and it was filed before the expiry of 15 days from t..Category: Criminal Law | Date: | Hits: 35
Abul Hossain (Md) and others Vs. State, 1999, 28 CLC (HCD)
....agistrate for compliance of our aforesaid direction and observation. With the aforesaid finding and observation, this Rule is disposed of. Ed. This Case is also Reported in: 53 DLR (2001) 402.......han, the learned Counsel for the opposite party, also could not convince us on this point, and finds it difficult to confront the argument advanced for the accuse petitioner. Therefore, we are of the view that the matter should be sent back to the Magistrate for hearing the matter under section 241A..Category: Criminal Law | Date: | Hits: 34
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......dant contested the suit filing written statement denying the material allegations made in the plaint and stating, inter alia, that the defendant was not liable to be evicted from the suit property in view of Clause-H in the agreement and that the defendant offered rent of December, 1992 in favour of..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ......stice in holding that the defendants dispossessed the plaintiff. He also submits that the trial Court erred in law in decreeing the suit in the absence of any finding on the date of dispossession. In view of the evidence of defendant No.2 as DW 2, the plaintiff sold away all her movables and left th..Category: Civil Law | Date: | Hits: 82
Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)
....e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......nd decided upon the application filed under section 561A of the Code of Criminal Procedure is misconceived and same is not maintainable under section 561A of the Code of Criminal Procedure. 9. In view of our observations made herein-above the impugned judgment and order of the High Court Divisio..Category: Criminal Law | Date: | Hits: 34
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
.... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325.......on by evicting the slums phase by phase otherwise, the wholesale removal will give rise to multiple problems for the society and the State.” 19. We are in respectful agreement with the aforesaid views. Moreover, in the case of Kalam Vs. Bangladesh reported in 2001 BLD 446, at paragraph No. 6, h..Category: Constitutional Law | Date: | Hits: 171
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