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Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....as the arbitration was an unqualified person to arbitrate the matter. He next submits that since the company was well aware about the arbitration award dated 8-5-1996 long before as such, there is no scope for the petitioner to raise their claim in the writ petition without taking any lawful steps u......e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ..Category: Alternative Dispute Resolution | Date: | Hits: 96
Sabina Rahman Mukti and others Vs. State, 2007, 36 CLC (HCD)
.... Case No.52 dated 13.03.2002, now pending in the Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ......er Section 380 of the Penal Code, vide charge sheet No 339 dated 27.04.2002. 4. On 26.05.2003 the accused petitioners appeared in the Court of Magistrate, 1st Cognizance Court, Sylhet and obtained bail. 5. Being aggrieved and dissatisfied with the aforesaid proceeding the accused petitioners m..Category: Criminal Law | Date: | Hits: 114
Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)
....alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ...... of the case to some other competent Court u/s. 526B Cr.P.C. being Criminal Motion No.106/84. The case record also remained with the Sessions Judge in connection with the disposal of the prayer for bail of accused Ahmed Ali Lasker being Criminal Motion No.112/84. The learned Sessions Judge rejecte..Category: Criminal Law | Date: | Hits: 144
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....of Pakistan Rules, 1965 with respect to enemy properties which were not connected with any enemy firm, the properties which might have become enemy properties after 3rd December, 1965 did not get any scope for vesting in the Custodian of Enemy Property or any other authority. The said properties hav......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ..Category: Property Law | Date: | Hits: 64
....roperty in official gazette. The present case is a simple suit for perpetual injunction. Any relief regarding vested character of the suit land having not been sought for, it does not come within the scope of section 13 of the Ain and therefore, I am unable to accept the submission of learned Deputy......above observations, however, without any order as to cost. The order of status quo granted earlier is vacated.
Send down the lower Courts’ records.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 57
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
.... Settlement not by any other Court. Similar view was taken in the case of Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka reported in 54 DLR 215. Wherein it has been held that: "There is no scope for the Court of Settlement to pass an ex-parte Order of dismissal for default as the Court ...... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ..Category: Property Law | Date: | Hits: 66
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....trate the Judgment and decree of the Bankruptcy Suit filed the application under section 40 of the Bankruptcy Act before the Bankruptcy Court stating preposterous facts which are, in fact, beyond the scope of law and accordingly, the learned Judge of the Bankruptcy Court rightly and legally rejected......y order as to costs. The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ..Category: Procedural Law | Date: | Hits: 114
....tion petition Mr. Nur submits that boynama has been issued by the Court below on 28.8.2003 and entire deposited money has been withdrawn by the respondent Bank and in such situation there is no legal scope to set-aside the auction sale order or allow time in favour of the appellant to deposit 25% of......on granted by this Court in C. Rule No.613 (P.M.5/2003 stands vacated.
Communicate this Judgment to the Adalat concerned at once.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 444.
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Category: Civil Law | Date: | Hits: 145
Rafiq Hasan alias Biplob Vs. State, represented by the Deputy Commissioner, 1995, 24 CLC (HCD)
.... satisfaction of the Deputy Commissioner, Dhaka. The connected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ......ance and framed charge punishable under section 19(a) and (f) of the Arms Act against the appellant and another vide order dated 19‑5‑93. 5. The appellant on 5‑10-94 filed an application for bail alleging, inter alia, co‑accused was granted bail and the accused is remaining in custody for..Category: Procedural Law | Date: | Hits: 72
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
.... licence is such that it creates in respect of the property but it is neither an easement nor does it create a right in the property. The definition of licence (Section-52) excludes easement from the scope of "licence". Because, as opposed to licence, easement creates a right of the holder of the ea......dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ..Category: Civil Law | Date: | Hits: 123
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ......d in the light of the provisions contained in Rule 19 (Gha) of the Emergency Power Rules 2007, wherein it has been held the said Rule 19 (Gha) of the Emergency Power Rules 2007 was no bar in granting bail by the High Court Division. We have also noticed that an observation was made in that case rega..Category: Anti-Corruption Laws | Date: | Hits: 44
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
..... The above view is supported by the decision in the case of Hamidullah Talukdar & others Vs. Muslim Khan and others reported in 8 DLR 606. The relevant portion of the said Judgment regarding the scope of section 41 of the Transfer of Property Act reads as under: "It is a principle of natural......ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ..Category: Civil Law | Date: | Hits: 59
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
.... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ...... the deceased Haider Ali was found, speaks volume of the fact of the involvement of the accused-appellant with the alleged offence of murder. Moreover, the fact that the appellant after obtaining the bail absconded during the course of trial has also direct bearing upon the guilt of the appellant. R..Category: Criminal Law | Date: | Hits: 43
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....ation before Senior Special Judge to review the Order of taking cognizance in the form of Naraje-Petition which was rejected with an observation that cognizance has rightly been taken and there is no scope to review the Order of taking cognizance dated 18-4-1993 against and on 7-6-1993 the accused-p......is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ..Category: Procedural Law | Date: | Hits: 59
Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
....Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......ef Metropolitan Magistrate by his order dated 08.01.2002 took cognizance of the alleged offences under the said sections. Then the accused petitioners appeared before the learned Magistrate, obtained bail and filed the present case whereupon the Rule was issued. 6. Mr. Md. Khurshid Alam Khan, the..Category: Criminal Law | Date: | Hits: 66
....ction 74(1) of Act 1953; that the Master Plan has been duly approved. The High Court Division, in the premises, erred in law in holding that the said Urban and structure plans are relaxed ones having scope to be changed and that the said documents have been prepared and taken finality under sections......red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J.
I agree with the reasoning and findings given by Syed Mahmud Hossain, J.
Ed.
This Case is also Reported in:
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Category: Environmental Law | Date: | Hits: 434
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
.... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ......a Village-Barkhain, Thana-Anowara, District-Chittagong/ at present Purba Goshail Dauga Kali Bari , Binagline Apon Bhavan, Thana-Doublemorring, District-Chittagong ..............Accused-Petitioner (on bail). Vs. The State, represented by the Deputy Commissioner, Cox's Bazar...................O..Category: Criminal Law | Date: | Hits: 62
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......on of K challenging the legality of the sentence of imprisonment imposed upon him by the Legislative Assembly for its contempt and for infringement of its privileges and to pass orders releasing K on bail pending the disposal of his said petition; (Paras 143,197) (2) that K by causing the petitio..Category: Constitutional Law | Date: | Hits: 413
....ules in no way affects the alleged vested character of the land in question and no question of seeking any relief regarding vested character of the land arises and as such it does not come within the scope of section 13 of the Ain. We are, therefore, unable to accept his submission that the Rules ha......clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 65
Most. Shiuli alias Babi Vs. State, 2006, 35 CLC (HCD)
....s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ......t aside having found the appellant not guilty of the offence under section 25B(2) of the Special Powers Act, 1974 and she be acquitted of the charges there under. The appellant is discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the cour..Category: Criminal Law | Date: | Hits: 95
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