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Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....ted a double storied building thereon running there a diagnostic and consultation complex under the name and style PEACY LAB. 14. Sometime in May 2007 it was discovered by the plaintiff that the total compact land within the boundary of the suit land shown yellow measures more or less 730.20 ......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143...Category: Property Law | Date: | Hits: 44
Anti-Corruption Commission and others Vs. Md. Obaidul Karim and others, 2010, 39 CLC (AD)
....1 is directed to surrender before the trial Court forthwith, if not already done. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 159. ......at the petitioner is fugitive and that a fugitive is not entitle to get any relief from any Court of Law. He further submits that the petitioner has already been convicted in several cases in his absence and that he has filed away from the country. He argues that since the petitioner is a fugiti...... on 11-1-2009 for order." 2. It is unfortunate that the High Court Division not only entertained an application of a fugitive but also allowed him as opportunity to surrender before it in its writ jurisdiction. 3. We fail to understand in the fact and circumstances of the case under what pro..Category: Anti-Corruption Laws | Date: | Hits: 266
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. ...... 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. ...... with a compensatory cost of TK. 4,000.00 (four thousand) which is not applicable in respect of the family cases because it is a special law. But in the present case, the Court of Appeal below has no jurisdiction to grant compensatory cost. The High Court Division affirmed the said judgment without ..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. ......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. ...... in utter violation of the Court's order of status quo and such actions can not be encouraged. 15. The interference of the order of demolition by the High Court Division is unjustified and without jurisdiction. 16. The appeal is allowed with cost of Tk. 100/-. The judgment of the High Court Di..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.
...... in accordance with the advice of the Prime Minister and the pre-condition is set out in Article 48(3) of the Constitution. Therefore, the provisions as set out in Article 95(2) are mandatory. In the absence of any other prescribed law for appointment as a judge, the customs and the usage is that se......rticle 56 and the Chief Justice pursuant to clause (1) of Article 95, the President shall act in accordance with the advice of the Prime Minister, that is, in other words, it is absolutely within the jurisdiction of the Prime Minister to advise the President regarding the elevation of the judges to ..
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. ......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. ...... his name in the final voters list for the purpose of ensuing election of the Association group of the FBCCI. 4. At this juncture of the dispute, this present application has been filed under writ jurisdiction and obtained the stay order against holding of the election. 5. Moudud Ahmed, the le..Category: Business or Commercial Law | Date: | Hits: 204
Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)
....s and accordingly, the pre-emptors are co-sharers in the Case land by inheritance. The opposite party No. 3 Md. Musab Khan transferred the Case land to the pre-emptees by a kabala dated 4-2-1998 at a total consideration of Taka 20,000.00 and pre-emptors accordingly, filed the Case for pre-emption of......tten objection but in evidence the opposite party tried to make out a Case of estoppel alleging that at the time of transfer, the pre-emptors made the negotiation. The trial Court noticed that in the absence of any such pleading in respect of estoppel, the opposite parties are not permitted to raise......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. ..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. ......again pleaded not guilty and claimed to be tried. The convict appellant, however, declined to adduce any evidence, but he filed a statement stating that his deceased wife died at his house during his absence as he was in his medicine shop at Kutubpur Bazar within Sakhipur police station and he was n......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. ..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. ...... 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. ...... 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. ..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. ......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. ......otice of the Court if it comes to his knowledge. Normally we do not interfere with the tasks of the public prosecutors as to how he conducts the Cases on behalf of the prosecution which are exclusive jurisdiction of the State but in a Case in which there are allegations of committing murder in the o..Category: Criminal Law | Date: | Hits: 189
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
....atter whether the appeal was preferred by First defendant or not or whether any cross appeal or cross- objection was presented by First plaintiff. The non obstante clause is directly relevant, for it totally avoids any condition that a party seeking the benefit of the Rule should itself have filed .......00 per month respectively. 4. Defendant-petitioner of Civil Revision petition as First defendant resisted the suit on presentation of a written statement taking stand that on 21-4-1991 in his absence First plaintiff went to her father’s house with cash and kind and First defendant failed t......thout any cross appeal or cross objection preferred by either side, the question which survives for determination in this Civil Revision petition is whether Family Appellate Judge traveled beyond his jurisdiction in enhancing the amount of maintenance of plaintiff and whether the decision of enhance..Category: Family Law | Date: | Hits: 152
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
.... from the Bar that if the aforesaid statement of the Prime Minister made earlier in 1999 is compared with that of the present one, it appears to be 100 times more derogatory and contemptuous. Showing total disrespect to the observations made by the Appellate Division of the Supreme Court in the afor......roy it. If the questioned statements are read without bias, nobody would perceive of any ill motive .No intention to bring down the prestige and authority of the Courts is disclosed therefrom. In the absence of any such intention, nobody can be held responsible for contempt for any comments on the w......l rights. The Prime Minister did not undermine the judiciary and none of the judges of the Supreme Court felt so as none of them felt the necessity to issue contempt rule suo motu. It is the absolute jurisdiction and privilege of the Court to use such power. 21. With reference to the right to..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. ......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. ...... or improperly. The validity of the order passed by the learned Sessions Judge can be set aside only by a superior Court in appeal or revision, as the Case may be, but this Court while exercising its jurisdiction of Habeas Corpus under section 491 cannot act either as appellate Court or cannot exerc..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. ......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. ......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. ..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. ......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. ......affidavit-in-opposition has been filed by the contesting respondents. 4. Mr. Nitai Roy Chowdhury, learned Advocate appearing for the petitioners submits that the Special Tribunal acted without jurisdiction in passing the impugned order giving direction to return the seized goods to all the 6 ..Category: Criminal Law | Date: | Hits: 101
Syed Mustafizur Rahman Vs. State, 2001, 30 CLC (HCD)
....charge sheet was submitted by one Abul Hossain Mridha of the Department of Anti-Corruption but he has not been examined in this Case. PW1 Narayan Chandra Biswas partly investigated the Case but he is totally silent about the sanction order. There is no other evidence as to what paper was placed befo......order of the present Case and I am of the opinion that this order on the face of it seems to be too mechanical and is no sanction order in the eye of law as required to prosecute a public servant and absence of sanction cuts at the very root of the prosecution affecting jurisdiction of the Court and......misappropriation, and the date of misappropriation and such a sanction is not valid in the eye of law and the prosecution must fail on that ground inasmuch as that cuts at the very root affecting the jurisdiction of the Court. The learned Advocate further submits that prosecution could not prove tha..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. ......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. ......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. ..Category: Criminal Law | Date: | Hits: 38
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ...... as to costs or other as it thinks fit, and shall appoint a day for proceeding with the suit. 5. The learned Assistant Judge felt that the plaintiff had failed to show sufficient cause for his absence from the Court when the suit was called on for hearing on the appointed day. So he concluded......cluded that it was not a fit Case to be ordered for restoration under Order IX rule 9 of the Civil Procedure Code. Nevertheless he- ordered restoration of the suit. He did so by invoking the inherent jurisdiction of the Court preserved by and mentioned in section 151 of the Civil Procedure Code. The..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. ......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. ......oner in any Court in Bangladesh and, as such, he is entitled to be enlarged on bail. It has further been stated that the alleged proceeding having taken place in the United Kingdom, being outside the jurisdiction of Bangladesh that cannot be taken into cognizance under any law by any Court in Bangla..Category: Criminal Law | Date: | Hits: 87
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....the arguments. The circumstantial evidence in the instant Case are trustworthy. There is no doubt about it. The well settled rule in this regard is this: The Court is required to consider what is the total cumulative effect of all the proved facts and if the combined effect of all these facts taken ......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. ......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. ..Category: Property Law | Date: | Hits: 33
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