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Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)

....port of her contention, she has referred a decision in the case of Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh and others, 55 DLR 363. 8. Mr. M Arnirul Islam, learned Council like Mrs. Tania, stresses upon the police excesses and the violation of fundamental rights o......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ..

Category: Criminal Law | Date: | Hits: 70

State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....hin their legal province to convict upon such unconfirmed evidence (R Vs. Stubbs: 1885 Dears CC 555 Meunier, In Re (1894 2 QB 415). 28. In Bhuboni Sahzi Vs. R. AIR 1949 PC 257 = 50 CriLJ 872 Privy Council after noticing section 133 and illustration (b) to section 114 of the Evidence Act observed:......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..

Category: Criminal Law | Date: | Hits: 69

Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)

....iews in the High Court’s on the power of the Court under section 73. The Appellate Division expressed itself: "There was no hard and fast rule which prohibits such course by the Judge. The Privy Council itself compared the disputed signatures with admittedly genuine signature in Monindra Vs. Ma......e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ..

Category: Property Law | Date: | Hits: 61

Mohammad Syed Vs. State, 2004, 33 CLC (HCD)

....discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ...... that purpose he was introduced with the accused petitioner by accused No. 2. He then on 17‑4‑2002 purchased a cabin and engine of 4 tons of Isuzu. Truck for Taka 3,95,000 from Auto Start Trading Centre which he handed over to Moktar Mistry's Garage of Bashkhali Motor Workshop, Chittagong. There..

Category: Criminal Law | Date: | Hits: 45

Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)

.... 1925 PC 1. The authority speaks of "Participation in action". Other leading cases on section 34 of Penal Case are Mahbub Shah Vs. Emperor, AIR 1945 PC 118 wherein the Judicial Committee of the Privy Council took into account the import of section 34 of the Penal Code and Chand Mia alias Chan Mia Mo......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..

Category: Criminal Law | Date: | Hits: 54

Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)

.... away the right to institute a second prosecution when the first is found to be a nullity by reason of want of jurisdiction. 16. In the case of Yusuf Ali Mulla Vs. King (AIR 1949 PC 264) the Privy Council held that where there was no valid sanction for the prosecution of the accused the prosecuti...... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374...

Category: Criminal Law | Date: | Hits: 56

Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)

.... movable property. A gift under that Act can only be effected in the manner provided by section 123.” 10. In the said decision his Lordship referred to a decision of their Lordships of the Privy Council reported in 53 Indian Appeals 89 (Kelyana Sundaram Vs. Korurps (1927), 50 (Mad). In the said......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. ..

Category: Property Law | Date: | Hits: 51

Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)

....y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40.......y seem fit and proper. 2. Facts, in short, necessary for the purpose of disposal of this Rule may be summed up as follows: Mr. Chowdhury Fakruzzaman, Director Administration, Rampura Television Centre as informant, lodged a first information report with Sabuzbag police station against the accu..

Category: Criminal Law | Date: | Hits: 62

Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)

....etitioners produced and marketed but falsely declaring those to be "non-alcoholic beverage. He has referred to the expert report submitted by the Institute of Food, Science and Technology, Bangladesh Council of Scientific and Industrial Research (BCSIR) vide Annexure 1 to the Affidavits-in-Oppositio...... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ..

Category: Others | Date: | Hits: 182

Subasish Das (Bobby) and three others Vs. Bangladesh University of Engineering and Technology and others, 1999, 28 CLC (HCD)

....ve petitioner. In the letters dated 24-6-99 imposing penalty upon the respective petitioner it was stated that respective petitioner may pray for reconsideration of the punishment before the Academic Council. Accordingly, respective petitioner filed application before the Academic Council praying fo......dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected. Ed. This Case is also Reported in: 51 DLR (1999) 563...

Category: Others | Date: | Hits: 116

Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

....61 continued those powers to the chartered High Courts by sections 9 and 11 and clause 2 of the Letters Patent of the year 1865 and continued them as Courts of Record. Despite this, in 1883 the Privy Council did not trace this particular jurisdiction of the Calcutta (Kolkata) High Court to clause 15...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ..

Category: Criminal Law | Date: | Hits: 163

Rabia Bashri Irene and another Vs. Bangladesh Biman Corporation, represented by MD. & another, 2000, 29 CLC (HCD)

....resented by MD. & another……………Respondents Judgment March 5, 2000. Cases Referred to- Attorney-General of Hong Kong Vs. Ng Yuen Shiu 1983 AC Vol. 2 page 629; House of Lords, Council of Civil Service Union and others Vs. Minister for the Civil Service, 1985 AC 374. Lawyer......pondents are to take steps accordingly without delay. In the result, these Rules are made absolute without any order as to costs. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 308. ..

Category: Employment/Service Law | Date: | Hits: 113

Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)

....e petitioner by filing an affidavit-in-reply has stated that Dhaka Stock Exchange Limited never requested the petitioner at any point of time to appear before the Chairman of the Dhaka Stock Exchange Council for verifying the genuineness of the said transfer or for any other reason. 12. Dhaka Sto......f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530...

Category: Company Law | Date: | Hits: 194

Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)

.... claims title under a purchase certified by the Court and the claim comes within the mischief of section 66 of the Code of Civil Procedure. Following the pronouncement of their Lordships of the Privy Council it was further held that the primary object of the section seems to be that the certified pu......interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522...

Category: Property Law | Date: | Hits: 98

Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)

.... Act, We can see the force of the contention of the learned Counsel. But we can not ignore the fact that an authoritative pronouncement has been given on this point by the Judicial Committee of Privy Council more than fifty years ago and there has been no dissent from such an interpretation of the r......and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ..

Category: Property Law | Date: | Hits: 107

Sherin Akther and another Vs. Md. Ismail, 1999, 28 CLC (HCD)

....the Chairman of the Union Parishad it was served upon the Chairman, Dhaka City Corporation. It was contended on behalf of the plaintiff that the notice has to be served upon the Chairman of the Union Council. It is held by the Subordinate Judge that the plaintiff did not appear to have lived in the ......t Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512...

Category: Family Law | Date: | Hits: 180

Dhaka City Corporation, Nagar Bhaban, P.S.-Ramna, Dhaka Vs. G. M. Mustafizur Rahman and others, 2009, 38 CLC (AD)

.... accordingly the leave petition is dis­missed without prejudice to the earlier orders passed by the High Court Division and this Division. Ed. This Case is also Reported in: VII ADC (2010) 953. ...... accordingly the leave petition is dis­missed without prejudice to the earlier orders passed by the High Court Division and this Division. Ed. This Case is also Reported in: VII ADC (2010) 953. ..

Category: Property Law | Date: | Hits: 55

Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)

....tending, inter alia, that the respondent No. 2 has neither illegally nor malafide intention made remarks as “over age not eligible”. The respondent No. 2 has followed the decision of the Academic Council of Dhaka Medical College as the Post Graduate Cell of Academic Council in its meeting took d......ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ..

Category: Others | Date: | Hits: 100

Trading Corporation of Ban­gladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)

....The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advo­cate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advo­cate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 175

Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)

....n Parishads. 11. The concept of "representative members" in the Local Government Institutions was introduced in the Basic Democracies Order, 1959 in the Constitu­tion of the then Thana and Tahsil Councils in arti­cles 13(2) and 14(2) respectively, making thereof the Chairman of Union Councils a......avour of the resolu­tion in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108...

Category: Election Law | Date: | Hits: 92