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Sree Jibon Sharma Vs. Sreemoti Subasini Sharma and another, 2010, 39 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 167. ......laintiff No. 2 and TK.500.00 per month from the date of the decree. The trial Court directed the defendant to pay TK. 86,000.00 and TK. 25,500.00 within 60 days from the date of the decree. In view of the above, we find no substance in the submissions of the learned Counsel for the petitioner..Category: Family Law | Date: | Hits: 182
Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)
....0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ...... justified in interfering with the order of mandatory injunction passed by the Courts below relying upon the principles of doctrine of necessity and whether the High Court Division was correct in its view that no co-sharer should be restrained by an order of injunction from making construction on th..Category: Property Law | Date: | Hits: 84
.... and day out during the tenure of their office.
In view of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
....... This recommendation was not followed, but no reason was conveyed back. The President too, was pleased to indicate that our proposal be given due consideration by all concerned".
5. It is our view that in the constitutional scheme mandating the independence of Supreme Court, which is recogni..
Category: Constitutional Law | Date: | Hits: 126
Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ......bers of the said Chamber. The Appeal Board, after hearing the parties excluded the name of the petitioner and 5 others from the final voters list. 6. Now whole question before us to be decided, in view of the present admitted facts that the petitioner who is not yet a voter and by his grievance, ..Category: Business or Commercial Law | Date: | Hits: 204
Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)
....in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ......osite parties are not permitted to raise such plea in evidence and also could not prove that the transfer took place on the negotiation of the pre-emptors. The trial Court while holding the aforesaid view relied on a decision reported in 27 DLR 413. The trial Court noticed that the Case land is a ho..Category: Property Law | Date: | Hits: 31
Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
....tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ......rom the date of recording the same. Moreover, the retraction even made at the earliest opportunity cannot ipso facto make the confessional statement true and voluntary unless that is made palpable in view of the evidence on record. This will therefore depend on the merit of each Case. 25. It is f..Category: Criminal Law | Date: | Hits: 27
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
.... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ......f 1999 is maintained this will interfere directly with the injunction passed by the learned Senior Assistant Judge earlier then the filing of the present suit which is not acceptable to this Court in view of the decision of our Appellate Division. Furthermore, when before the learned Assistant Judge..Category: Business or Commercial Law | Date: | Hits: 207
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ......tional murder Case, none of them issued any rejoinder refuting the allegations made against them till 13th January, 2001. 4. Newspaper is a powerful means for propagating political and social views and moulding the opinions of the people towards their certain ends. It gives an opportunity to..Category: Criminal Law | Date: | Hits: 189
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
.... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ...... on modification of decision recorded by learned Family Judge with respect to granting of maintenance to First and Second plaintiffs. Learned Family Appellate Judge in recording modification took the view that learned Family Judge failed to take into account actual state of affairs, and thus, failed..Category: Family Law | Date: | Hits: 152
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
.... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ......bers of Bangladesh Jatiya Sangsad through Mr. Moudud Ahmed. 2. In all the applications common allegation was made to the effect that on 26-07-2000 the Prime Minister Sheikh Hasina gave an interview with the correspondent of the British Broadcasting Corporation (BBC) where she made some object..Category: Criminal Law | Date: | Hits: 49
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
....ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ......y pursuant to an order dated 1-11-2000 passed by the learned Sessions Judge, Satkhira in Criminal Miscellaneous Case No.577 of 2000. So, it is obvious that the detenu was put into judicial custody in view of the order passed by the learned Sessions Judge, Satkhira. We are of the view that so long th..Category: Criminal Law | Date: | Hits: 33
Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)
....f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ......ven his full consideration on the laches and negligence of the plaintiff-appellant in pursuing the proceeding while rejecting the aforesaid application the impugned order is not sustainable in law in view of the provisions of rule 19, Order 41 of the Code of Civil Procedure. Mr. Ali further submits ..Category: Property Law | Date: | Hits: 29
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ......l Powers Act 1974 stating that the accused persons brought the seized sarees lawfully from rejected the petition of the petitioners and maintained the order dated 3-3-99. The petitioners filed a review petition before the Special Tribunal No.1 Satkhira for re-considering the order dated 6-5-99 an..Category: Criminal Law | Date: | Hits: 101
Syed Mustafizur Rahman Vs. State, 2001, 30 CLC (HCD)
....arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ......c servant and absence of sanction cuts at the very root of the prosecution affecting jurisdiction of the Court and this defect is not curable under section 537 of the Code of Criminal Procedure. This view of ours gets support from a decision in the Case of Abdul Awal Vs. State reported in 1962 PLD D..Category: Criminal Law | Date: | Hits: 42
Morshed (Md) @ Morshed @ Md. Morshed Alam Vs. State, 2000, 29 CLC (HCD)
....lias Morshed alias Md. Morshed Alam be enlarged on bail on furnishing bail bond to the satisfaction of the Deputy Commissioner, Natore. Ed. This Case is also Reported in: 53 DLR (2001) 123. ......Even we do not understand how the judge could understand her replies. In any Case, we find that as the victim is deaf and dumb, it is very risky to rely on her statement. Moreover, we are also of the view that method of recording her statement may not be correct. We have noticed that at least few st..Category: Criminal Law | Date: | Hits: 38
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....r of law. If however, the Court below commits an error of law, we should then look at the second question, “Whether owing to the error of law committed by the Court below, it has also arrived at an erroneous decision. “If the answer to this question is in the negative, there will, again, be no s......hich it declares the law, and it is not the province of a judge to disregard or go outside the letter of the enactment according to its true construction. “Similarly, our Appellate Division after reviewing the authorities observed in Punjab Ali Pramanik and others Vs. Mohd Mokarram Hossain, report..Category: Civil Law | Date: | Hits: 80
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ......submission of Mr. Moudud Ahmed as to the discharge of the petitioner from the Jail Hajat under section 12 of the Act. 11. Now the question is, in the facts and circumstances of the Case and in view of the fact that an inquiry proceeding has already been started against the petitioner under se..Category: Criminal Law | Date: | Hits: 87
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ......ng the period from 1985 to 1987 from either the persons, who were the owners at the time of the acquisition or the heirs of such owners and got their names submitted in the LA Office obviously with a view to claim allotment of the plots of KCA as affected persons. Among them are the accused Nos.8 to..Category: Property Law | Date: | Hits: 33
Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ......ention, sub-sections (2) and (3) of section 3 are reproduced below: “3. (2) Any District Magistrate or Additional District Magistrate may, if satisfied with respect to any person that with a view to preventing him from doing any prejudicial act within the meaning of section 2(f)(ii)(v)(vi) ..Category: Criminal Law | Date: | Hits: 29
Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)
....spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ...... I have decided to send the Case back on remand to the learned Additional Sessions Judge, I leave the matter to him for decision in the light of settled law as applicable to the facts of the case. In view of the fact that the appeal has not been disposed of in accordance with law, the impugned judgm..Category: Criminal Law | Date: | Hits: 60
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