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Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......owdhury, learned Advocate appearing for the accused petitioner, submits that the entire transaction was made at Dhaka, as such, the initiation of the proceeding at Chittagong is not permissible under law. 5. The submissions made is not sustainable either in law or on the facts of the given ca..Category: Criminal Law | Date: | Hits: 50
Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ...... impugned judgment and order. 11. Mr. M Enayetur Rahim, learned Advocate appearing on behalf of the vendor, submitted that the court of appeal below committed serious error on both fact and in law in finding that the vendor did not get back possession of the land transferred and upon such wro..Category: Property Law | Date: | Hits: 28
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......nd 302/109 of the Penal Code. 3. Mrs. Nur-un-nahar (PW 1) narrated the prosecution case, which is as follows: On the night following 1-9-84 the informant's husband Habibur Rahman and father-in-law Ali Akbor Fakir were killed. At around 1-00/1-30 AM the dacoits entered into her house. One daco..Category: Criminal Law | Date: | Hits: 38
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
.... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ......opposite party No. 1 Shafiul Alam of the case. 5. Mr. Bazlur Rahman Chhana, learned Advocate appearing for the petitioner, submits that the learned Additional Sessions Judge has committed error of law in according permission for withdrawal from the prosecution of the accused-opposite party No. 1,..Category: Criminal Law | Date: | Hits: 43
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
.... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ......, he was constrained to institute Other Suit No. 33 of 2000 for perpetual injunction against them. 13. In his written statement, Mohiuddin also contended, in brief, that Mohammed Solaiman, who was lawful owner in possession of the suit premises, was his distant relation. Solaiman on 5-1-69 transf..Category: Property Law | Date: | Hits: 35
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......ot sanctioned by section 93 of the Ordinance in that such investment was not an income and penalty imposed thereon was equally without jurisdiction, the Commissioner of Taxes fell in serious error of law in not setting aside such unauthorised orders of the Deputy Commissioner of Taxes. 10. He al..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......le 'Kha' land, the plaintiff was not required to seek declaration of title and the suit instituted for declaration that the RS record of rights as prepared and published was wrong was maintainable in law. In support, he cited Sarashijaksha Chatterjee and others vs. Karpor Kamini Devi and others, AIR..Category: Property Law | Date: | Hits: 32
Mahbubul Alam (Md.) Vs. Bangladesh and Others, 2006, 35 CLC (HCD)
....ase, the Rules in Writ Petition No. 2711 of 2004 and Writ Petition No.2560 of 2004 are hereby discharged without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 205. ......1 & 2560 of 2004. Judgment Nozral Islam Chowdhury J.- These two writ petitions being Writ Petition No. 2711 of 2004 and Writ Petition No. 2560 of 2004 involve common question of law to be decided by this court, Therefore, we feel it proper to dispose of both the writ petitions ..Category: Civil Law | Date: | Hits: 67
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....ove, 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: 15 BLC (AD) (2006) 183. ......on, Memo of writ petition it is clearly found that the respondent Nos. 1 and 2 writ-petitioners are fugitive. In view of fugitive the findings of the High Court Division merits no consideration since law is not settled that a fugitive has no legal right to seek any kind of redress as against her gri..Category: Anti-Corruption Laws | Date: | Hits: 143
Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)
....ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42.......nt (In both the Writ petitions). Writ Petition No. 953 of 1998 with Writ Petition No. 3251 of 1997. Judgment Md. Joynul Abedin J.- Since both the Rules involve common questions of fact and law they are heard and disposed of by this common judgment. 2. In both the Rules the petitioners,..Category: Administrative Law | Date: | Hits: 356
Shahidullah (Md) Vs. Eastern Bank Ltd. and others, 2001, 30 CLC (HCD)
....ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41.......rt and obtained the present Rule. 8. Mr. HR Sharif, the learned Advocate appearing on behalf of the petitioner submits that the learned Subordinate Judge and Artha Rin Adalat committed an error of law in allowing the said miscellaneous case under Order 9, rule 9 of the Code of Civil Procedure and..Category: Civil Law | Date: | Hits: 69
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
.... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ......ye plucking case and thereby to exercise undue influence on the complainant party of eye plucking case and compelled them not to pursue that case. It is the further case of the defence that in 1973 law and order situation was beyond the control of law enforcing agency and many miscreants were in p..Category: Criminal Law | Date: | Hits: 30
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......of the People's Republic of Bangladesh calls upon the respondent to show cause why the memo dated 4.2.85 (Annexure-R) passed by the Ministry of Works shall not be declared to have been made without lawful authority and to be of no legal effect and as to why the respondent shall not be directed to ..Category: Immigration and Citizenship Law | Date: | Hits: 188
Sultan Ahmed Vs. Golam Mostafa alias Dulal and Others, 1987, 16 CLC (HCD)
....agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85.......ion merely provides for stopping the trial of the case and releasing the accused person. In that view of the matter the impugned order passed by the learned Magistrate is not in accordance with law. Now coming to the conclusion of the trial within the time; the learned Magistrate by his order ..Category: Criminal Law | Date: | Hits: 26
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......e filing of the suit and the court below committed an error in not considering this aspect of the case. 17. He further argues that the impugned order is bad and illegal being contrary to banking law and practice including Uniform Customs and practice for Documentary Credits published by the Int..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......ity of it testimony inasmuch as this fact has been mentioned in the first information report (Ext.2) which was lodged with utmost promptitude and first information report has significant value in law. 14. Now we pass over to consider the evidence of P.W.3 Taslima Khatun. She was sleeping in t..Category: Criminal Law | Date: | Hits: 61
....eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
....... Three branches of arguments have been advanced by Mr. Mainul Hosein on behalf of the defendant-petitioner which are as follows:
Firstly that the impugned order dated 14-11-2000 is not tenable in law inasmuch as it has been passed in gross violation of the terms of the contract and to the great ..
Category: Civil Law | Date: | Hits: 115
New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33.......uly, 2001 published in the Bangladesh Gazette (Annexure D) fixing minimum wages for workers in all industrial undertakings of Bangladesh should not be declared to have been done illegally and without lawful authority and to be of no legal effect and or such other or further order or orders passed as..Category: Labour and Industrial Law | Date: | Hits: 96
Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)
....aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......a Rin Adalat No. 3 so that the said suit No. 153 of 1998 can be heard analogously with Title Suit No. 88 of 1998. 5. The District Judge, Dhaka after hearing the parties and on consideration of the law involved in it rejected the said application under section 24 of the Code of Civil Procedure mai..Category: Civil Law | Date: | Hits: 73
....Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17....... (1) Subject to the provisions of this Act, an award may be filed in any Court having jurisdiction in the matter to which the reference relates.
(2) Notwithstanding anything contained in any other law for the time being in force and save as otherwise provided in this Act, all questions regarding ..
Category: Civil Law | Date: | Hits: 101
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