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Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
....end down the records to the court of Munsif at an early date. 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) 147.......e petitioner had no reason to refuse the summons. He further submitted that the court below committed an error by holding that the summons was duly served merely on the service return which under the law ought to have been verified by an affidavit of the serving Officer under rule 19 of Order 5 of t..Category: Procedural Law | Date: | Hits: 66
Aminul Huq & others Vs. State and another, 1987, 16 CLC (HCD)
....hing to interfere with the impugned order. The Rule is, therefore, discharged. The stay order issued earlier on 28.11.85 is hereby vacated. Ed. This Case is also Reported in: 40 DLR (1988) 144. ...... 2. The facts leading to this Rule is that the opposite party No. 2 on 22.10.1984 lodged F.I.R. is Feni Police station alleging that at about 7.30 A.M. of that date the accused persons forming an unlawful assembly and being armed with Cheni, Knife, Kiriz etc. attacked the son of the informant and ..Category: Criminal Law | Date: | Hits: 26
Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)
....n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139......., the learned Advocate appearing on behalf of the accused-petitioners, submitted that the order of the learned Sessions Judge is illegal and passed in violation of the statutory provisions of law at the time when the statuary period of 240 days and more extra 30 days, in total 270 working ..Category: Criminal Law | Date: | Hits: 30
....mpugned resolution is quashed and the impugned order is set aside. These will be no order as to costs.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 136.......cal people including he petitioner to transfer Mr. Salam as also to secure his retention of posting there and further to vilify the petitioner. So the said resolution being not in conformity with law and also being beyond the jurisdiction and function of the Upazila Parishad was liable to th..
Category: Administrative Law | Date: | Hits: 185
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
.... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ......2 who suspended the petitioner conducted the enquiry. The case was opposed by respondent No.2 and 3 asserting that the order of dismissal was passed after following the procedures prescribed by the law and that the same was not a mala fide one. The Labour Court, on due consideration of the evidenc..Category: Labour and Industrial Law | Date: | Hits: 124
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......ntion that if a statement made in cross-examination contradicts the statement made in the chief the entire evidence of the witness should be left out of consideration. This broad proposition of law for taking such view has no sanction of law. Even if any part of the evidence of a witness is be..Category: Criminal Law | Date: | Hits: 27
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
.... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ......the second show cause notices provisionally removing them from the service of the Trading Corporation of Bangladesh or the order of removal from service itself. As they involve common question of law, they have been heard together and will be disposed of by the same judgment. 2. The petitione..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ......isions of Order 41 rule 33. The Rule comes into play when the question of doing complete justice between the parties arises. A litigant cannot claim undue advantage on a technicality of procedural law”. 20. As stated above we have already found that the suit is premature and it is liable to ..Category: Civil Law | Date: | Hits: 85
.... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
......(2)(a)(i) of the Constitution, the High Court Division may make an order directing a person performing any function in connection with the affairs of the Republic to do that which he is required by law to do. We have found that the Director General, Bureau of Anti-Corruption is not required unde..
Category: Anti-Corruption Laws | Date: | Hits: 178
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ...... petitioner to return the demised property during the subsistence of a registered lease in perpetuity dated 8.7.1981 situated at 6, Shaheed Moinul Road, Dhaka Cantonment, Dhaka without due process of law shall not be declared to have been made without lawful authority and is of no legal effect and a..Category: Property Law | Date: | Hits: 88
State Vs. Shahin and others, 2009, 38 CLC (AD)
....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ....... State of Punjab AIR 1970 SC 1566, the case of Lallubhai Devchand Shah Vs. State of Gujara, AIR 1972 SC 1776 took the view that before relying upon a dying declaration it is the duty of the Court of law to scrutiny the same beyond all reasonable doubt. Further the defence case is that the responden..Category: Criminal Law | Date: | Hits: 33
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
...., District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......ls on record Mr. Enayetur Rahim, the learned Advocate appearing on behalf of the appellants, submits that the impugned judgment and order of conviction and sentence is illegal and not maintainable in law. He contended that the learned Additional Sessions Judge having himself found that the prosecuti..Category: Criminal Law | Date: | Hits: 83
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ......He stated that while he was serving as a Magistrate, 1st Class Pabna and he recorded the confessional statement of accused Mokshed Ali Fakir on 20‑8‑94 after complying with all the requirement of law and the confessional statement of Mokshed Ali was true and voluntary. He proved the confessional..Category: Criminal Law | Date: | Hits: 38
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ......at the Courts below have miserably failed to decide the question of limitation in the instant case. The decision arrived by the Courts below upon the question of limitation suffers from illegality in law and their findings are liable to be set aside. Both the Courts below have committed an error of ..Category: Property Law | Date: | Hits: 30
....ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ...... get all as permanent worker allowing him facilities that are available to permanent worker of a Bank. The learned Chairman of the Labour Court on consideration of the evidence on record and relevant law point involved in that case carne to the finding that Azaduddin, the Godown Keeper of Rupali Ban..
Category: Labour and Industrial Law | Date: | Hits: 93
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ...... stated that there was no sufficient land to give saham from plot No. 125 to the parties as per preliminary decree given by the court the decree was not executable, the court below committed error of law resulting in an error in the decision occasioning failure of justice in accepting the Advocate C..Category: Property Law | Date: | Hits: 32
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120.......9-4-1999 of English Calendar re-inviting bid for the market described in the schedule for the year 1406 BS and also for a declaration that the auction of the defendants acting for the Government is unlawful, illegal, ineffective, contrary to the Rule of natural justice and void ab initio if it appea..Category: Property Law | Date: | Hits: 34
.... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
......time on 10-3-1996. From the copy of the impugned order it appears that the respondent No. 1 alone passed the impugned order and there was no meeting of the Board nor the members as required under the law deliberated nor signed the order. The petitioner could not prefer any appeal since it has become..
Category: Property Law | Date: | Hits: 24
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
.... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......to why the impugned letter No. DSE-433/2000/403 dated 1-3-2000 issued by the respondent No. 5, Chief Executive Officer of Dhaka Stock Exchange Ltd., should not be declared to have been issued without lawful authority and of no legal effect and also why respondent Nos. Ito 5 should not be directed to..Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ......nstitution a Rule Nisi was issued calling upon the respondents to show cause as to why calling of hartal on 18-4-99 or on any other day thereafter should not be declared to have been made without any lawful authority and is of no legal effect and also in violation of the fundamental rights of citize..Category: Constitutional Law | Date: | Hits: 216
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