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Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ...... in civil prison without issuing any prior notice to show cause, in other words without following the provision under Order XXI rule 37 of the Code of Civil Procedure. 7. By now, in good number of cases, the law point involved in the present writ petition, has been settled. We have gone through s..Category: Civil Law | Date: | Hits: 169
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233.......4 (both inclusive) and sections 465 to 477 (both inclusive) of the Penal Code. But according permission for seizure of any banking documents is not available in the law. He then submitted that in the case of any document preserved and maintained by bank if required for such inspection, provisions of..Category: Anti-Corruption Laws | Date: | Hits: 153
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ......ondents 4 and 5 by filing a joint affidavit-in-opposition. The petitioner also filed affidavit-in-reply to the affidavits-in-opposition. The added petitioners 2-6 also by filing affidavit support the case of the petitioner. 4. Respondent 1 in reply to the statement made in paragraphs 2-4 of the W..Category: Others | Date: | Hits: 104
Norendra Chandra Dash and others Vs. Md. Solaiman Chowdhury & others, 1997, 26 CLC (HCD)
.... In the result, the Rule is made absolute. The impugned order dated 2-3-91 is thus set aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ......audulent, collusive and not binding upon the plaintiffs. It appears that the plaintiffs as well as the defendants claim to have purchased the suit land from defendant No.5 and the plaintiffs definite case is that defendant Nos.1-4 manufactured some deeds through false personation in respect of their..Category: Property Law | Date: | Hits: 98
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
.... trial of GR Case No. 1 of 1983 afresh. The fundamental right which is guaranteed in Article 35(2) of the Constitution enunciates the principles of “autre fois convict” ‘double jeopardy”. The roots of the principle are to be found in the well established rule of Common law “that where a pe......covered on 1-1-83 whereupon UD Case No.1/83 was started with the local police. Subsequently, the SI Sagir Ahmed suo motu lodged First Information Report on 5-1-83 and took up the investigation of the case and submitted charge sheet on 20-8-83 under sections 364/302/201 read with section 34/109 and 1..Category: Criminal Law | Date: | Hits: 56
State Vs. Rabiul Hossain alias Rob, 2000, 29 CLC (HCD)
.... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370.......e condemned prisoner was in custody. He did not appoint any lawyer of his own choice and no lawyer was appointed on behalf of the state to defend him as it appears from the record although this was a case involving capital punishment. 3. It appears that by order No.19 dated 17-7-95 one Mr. Abu Ja..Category: Criminal Law | Date: | Hits: 47
....the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......-opposite party No. 1 Md. Abul Kashem nude a complaint under section 25(a) of the Employment of Labour (Standing Orders) Act, 1965 against the petitioner for determination of benefits as per law. The case was registered as complaint case No. 221 of 1996. The Labour Court upon hearing the parties by ..
Category: Labour and Industrial Law | Date: | Hits: 184
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ......rned Subordinate Judge mis-read the evidence of PW 4 and omitted to consider the admission of PW 1 made in his evidence that there is a homestead on the suit land which fits in with the plaintiff’s case. The learned Advocate also contends that since defendant Nos. 1-2, who are sons of Chandra Kuma..Category: Property Law | Date: | Hits: 51
....devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......403, 406, 408 and 409 and sections 421 to 424 both inclusive and sections 465 to 477A (both inclusive) of the Penal Code, with the prior permission in writing of a Sessions Judge, and
(b) in other cases, with the prior permission in writing of the High Court Division.
(2) Any person required u..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......sought to have been claimed in the first writ petition the present petition is barred both under Article 102 and under Order 2 rule 7 CPC. In support of his contention on maintainability he cited the cases of Syed Motiur Rab Vs. Bangladesh and ors, 42 DLR (AD) 126, Momin Motors Vs. Regional Transpor..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
.... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ......d LA Case. 8. The respondent No.1 the Government of Bangladesh represented by the Secretary, Ministry of Public Works has filed an affidavit-in-opposition in all the 5 Rules and the respondent’s case is that the respective land of the petitioners were requisitioned for the purposes of permanent..Category: Criminal Law | Date: | Hits: 37
Shaheb Ali & others Vs. State, 2000, 29 CLC (HCD)
....w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ...... including the impugned order of the learned Sessions Judge and Special Tribunal. The police as it appears submitted FRI against the accused-appellants as one of the witnesses implicated them in this case in which six bottles of Phensidyl were recovered from the possession of the co-accused Md. Seli..Category: Criminal Law | Date: | Hits: 47
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ......ellate Tribunal had failed to consider the relevant and valid document in order to arrive at a conclusion in respect of the valuation and therefore the Tribunal acted beyond its jurisdiction in which case the decision of the Tribunal is liable to be reviewed by this Court. He has, however sought rel..Category: Fiscal/Taxation Law | Date: | Hits: 93
Riazuddin (Md.) Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....he petition is declared to have been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 361.......otice particularly in view of the fact that there is nothing on record to show that the licences were cancelled for the security of the public peace and in support of this contention he relied on the case of Sheik Ali Ahmed Vs. Government of Bangladesh reported in 40 DLR (AD) 170. 5. Mr. Obaidul ..Category: Others | Date: | Hits: 105
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358.......and notice was issued under Memo dated 9-2-95 by the Inquiry Officer to the parties concerned and report was submitted by the said Inquiry Committee. On the basis of the inquiry report a departmental case being case No.1/95 was initiated by the respondent No.1 on 18-3-95 against the petitioner and t..Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ...... in terms of clause 5.1 of the tender schedule. Thereafter by letter dated 16-6-93 the Ministry of Industries asked the BCIC for clarification as to how the loan is being treated as long term loan in case of Madina Tannery while such loan was shown as short term loan in case of other Tanneries (Anne..Category: Others | Date: | Hits: 95
Abdul Jabber and others Vs. Mohammad Sekander and others, 1998, 27 CLC (HCD)
....stay order if any granted earlier is duly vacated. No order as to costs. Records of the Courts below shall be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 62. ......ox’s Bazar passed in the pre-emption Misc. Case No 17 of 1986 under section 96 of the State Acquisition and Tenancy Act. Dismissing the prayer for pre-emption opposite party No. I filed pre-emption case against the present petitioner and others. Case of the pre-emptor, in short, is that the opposi..Category: Property Law | Date: | Hits: 67
Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)
....Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ......tions 302/34 and sentenced to suffer rigorous imprisonment for life and also to pay a fine of Taka 5,000.00 each in default to suffer rigorous imprisonment for 1(one) year more. 2. The prosecution case, is that, on 22-8-91 PW 1 Salahuddin along with his brother Mokles, since deceased, went to Goa..Category: Criminal Law | Date: | Hits: 55
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
....ch cannot be cured even by way of amendment of the plaint. The grounds for withdrawal with permission to sue afresh on the same cause of action must necessarily be vital defects which cut at the very root of the plaintiff’s case and renders him non-suited. It is thus manifest that where the trial ......ecree dated 29-6-1983 passed by the Second Court of Munsif, Bogra in Other Class Suit No.153 of 1977 dismissing the suit has been called in question. 2. Short facts relevant for the purpose of the case are that, petitioner Md. Habibur Rahman Paikar as plaintiff instituted a Suit in the 2nd Court ..Category: Property Law | Date: | Hits: 88
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ...... recorded in SA Khatian No.78 although the defendant Nos.1 and 2 never possessed the said lands rather, the plaintiff since his purchase on 11-11-1980 is in possessions if the suit lands. The further case of the plaintiff is that the alleged deed of gift by the defendant No.3 dated 22-3-1975 in favo..Category: Property Law | Date: | Hits: 72
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