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Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ......fact' with regard to non-issuance of statutory notice prior to enlistment of the property in 'Kha' list was specifically raised before the Court of settlement, thereby raising in fact the question of absence of jurisdiction of the Court of settlement over the matter but this question was not conside......aid judgment and order but the Rule was disÂcharged by the impugned order. 3. Leave was granted to consider that submissions of the learned Counsel for the appellants that— "the question of 'jurisdictional fact' with regard to non-issuance of statutory notice prior to enlistment of the prop..Category: Property Law | Date: | Hits: 30
Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......having reversed those findings and not adverting to the reaÂsonings given by the lower appellate Court, committed an error of law in reversing the decision of lower appellate Court in its revisional jurisdiction; that the lower appellate Court having found that there are clear recitals in both the ..Category: Property Law | Date: | Hits: 29
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......e. 9. Now we would like to take up the relevant points for consideration as to whether the impugned judgment and order of conviction and sentence deserves any interference by invoking the inherent jurisdiction of this court in exercising the power under section 561A of the Code of Criminal Proced..Category: Criminal Law | Date: | Hits: 37
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
.... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ...... the relevant observations from the decisions. 15. In the case of Munshi Abdul Gani another Vs. Protiva Rani Devi and others reported in PLR 1951 p. 911 wherein his Lordship observed: “In the absence of an appointment of a guardian ad-litem for Sisir, one of the defendants in the rent suit, ......14. Mr. Md. Ozair Farooq, to support his contentions that the inquiry as contemplated rule 15 of Order XXXII has not been done has placed a large number of decisions of Pakistan, India as well as our jurisdiction. I think for convenience of discussions it is necessary to produce the relevant observa..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ..Category: Administrative Law | Date: | Hits: 236
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......the defendant petitioner the court of appeal below allowed the appeal and set aside the judgment and decree of the trial court. The plaintiff thereupon moved the High Court Division in its revisional jurisdiction on 17.07.2001 and the rule was ultimately made absolute and the judgment and decree of ..Category: Property Law | Date: | Hits: 39
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.......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.......report having been proved duly both the Courts below found that the process server had duly served the notice upon the peÂtitioner, that finding of fact need not be disturbed with in this Revisional jurisdiction of this court. 5. In the instant case rule 19 of Order 5 C.P.C. is relevant. Under R..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. ......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. ......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. ..Category: Criminal Law | Date: | Hits: 26
Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)
....ted that the order of the learned Sessions Judge is ilÂlegal and passed in violation of the statutory proviÂsions of law at the time when the statuary period of 240 days and more extra 30 days, in total 270 workÂing days excluding Fridays and other holidays have already elapsed and the said orde......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.......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...Category: Criminal Law | Date: | Hits: 30
....mpugned resolution is quashed and the imÂpugned 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.......mpugned resolution is quashed and the imÂpugned 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.......Upazilla Nirbahi Officer of Kowkhali Upazila making therein false and serious defamatory allegations against the petitioner. This resolution was adopted in respect of matters beyond the functions and jurisdiction of the Upazila Parishad and its sole motive was to undo the move of the loÂcal people ..
Category: Administrative Law | Date: | Hits: 185
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
....alahuddin vs. Chairman, Second Labour Court and another, 32 DLR (AD) 68 in support of his submission. The facts of that case are distinguishable from the facts of the present case in that there was a total abÂsence of fact to draw any conclusion as to the under-ability of a worker. Moreover, it was......niary benefits to the person sought to be terminated. Even independent of section 19 an employer has got inherent power to terminate the service of his servant on payÂment of certain benefits and in absence of any mala fide, the court shall not interfere with, the exercise of such power and when a ......Âthority and of no legal effect. 4. Mr. Md. Abdur Rashid, the learned Advocate appearing for the petitioner submits that on the facts of the instant case the Labour Court has acted beÂyond its jurisdiction in converting the wrongful orÂder of dismissal into an order of termination. He, howev..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. ......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. ......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. ..Category: Criminal Law | Date: | Hits: 27
Md. Makbul Hossain & othÂers Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)
....ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ..Category: Property Law | Date: | Hits: 54
M.A. Hai and others Vs. Trading Corporation of BanglaÂdesh, 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. ......o. 438 of 1978. He complained that he was not given any personal hearing either by the Inquiry OfÂficer or by the Chairman of the Corporation. WitÂnesses were examined by the Inquiry Officer in his absence and he was not given any opportunity to cross-examine them. 15. The High Court Division i......hat they stand discharged of the charges brought against them for continuation of the proceedings beyond the period of limitation and, therefore, the impugned orÂders passed were illegal and without jurisdiction. 5. From the side of the respondent-Corporation the argument is two-fold. First, the..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....the IDA circular clearly mentioned that it would cover 70% of the cost of new project under the IDA credit, the bank disbursed only Taka 7 lac as capital finance and Taka 27 lac as working capital in total Taka 9, 70,000.00 only being 35% of the estimated project cost and the defendants having alrea......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. ......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. ..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.
...... 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.
......as the (Government) may prescribe in this behalf.
156. (1) Any officer in charge of a police-station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into..
Category: Anti-Corruption Laws | Date: | Hits: 178
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....meeting of the party at her residence. That the statements made in the impugned notices to the effect that in the Cantonment area no military land can be sold or leased or transferred to civilians is totally false, that a large number of private citizens have been allotted land in the Cantonment are......ce of reasons of a public nature, but in this case, evidently, there was no reason of a public nature, for leasing out this land to the petitioner. The learned Attorney General has contended that for absence of any reason of a public nature also this lease deed executed as per rule 26 of the CLA Rul......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. ..Category: Property Law | Date: | Hits: 88
Canada Shipping and Trading SA Vs. TT Katikaayu and another, 2001, 30 CLC (HCD)
....ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ......ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ......tion proceeding in a foreign country and not in Bangladesh and the application is not concerning arbitration award but concerning an arbitral proceeding. 8. This Court being the superior court its jurisdiction can be ousted by an arbitration proceeding if there is a specific reference in the arbi..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
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. ......ubmits that the prosecution has neither produced the Magistrate who recorded the alleged confessional statements of the appellants and another nor gave any explanation for his non- examination and in absence of his evidence the finding of the trial Court that the confessional statements of the appel......, 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. ..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. ...... be set aside. He next submits that so far the appellant Idris Ali is concerned his conviction is based on no evidence inasmuch as only basis for his conviction is the confession of co-accused and in absence of any other evidence such conviction and sentence is not tenable in law. 26. In this cas......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. ..Category: Criminal Law | Date: | Hits: 38
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