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Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
....d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ...... is struck down. 23. In a suit for ejectment, the service of notice under section 106 of the Transfer of Property Act is of paramount importance. Section 106 of the said Act provides that in the absence of a contract or local law or usage to the contrary, a lease of immoveable property for agri......d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)
.... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ...... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ...... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ..Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27
....Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
..
Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....surrendered to jail custody on 20-11-2000 and his Petition for Leave to Appeal was heard on 21st, 22nd and 23rd November, 2000. The respondent No.4 had already paid Taka 2,74,35,400 being half of the total fine of Taka 5,48,70,800 while serving the imprisonment on account of fine. The respondent No.......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......silent about the execution of the sentence of fine Mr. Ariff contends that the Rule being in the nature of mandamus the final order of the release of the respondent No.4 by the Special Court invoking jurisdiction under section 69 of the Penal Code having not been challenged by the petitioner and no ..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
....to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
....
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
......of an agent
An agency relationship
will arise from an agreement particularly from a contract, the express or implied
terms of which govern the rights and liabilities of the parties. In the absence
of any relevant express terms their obligations must be regulated by rules of
law applicab...... is not legally entitled to get any
opportunity of being heard and no show cause notice is required to be served
upon said accused person…………………………………(31)
Writ
jurisdiction and question of fact
Whether anyone has
violated any of the terms and condition..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....e Court in Writ Petition No.2476 of 1999 as being not applicable in the present cases though there are observations that the first party of the present cases are causal workers but other facts are totally different and thereby misconstrued the decision of the Appellate Division and as such the i......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ......ation cannot be sustained. He refers in the case of The Chairman, Bangladesh Textile Mills Corporation Vs. Nasir Ahmed Chowdhury and others reported in 22 BLD (AD) 199. He finally submits that the jurisdiction of the High Court Division in exercise of jurisdiction in nature of certiorari is not ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ......preme Court of Bangladesh Vs. Md. Sofiuddin and another reported in 6 BLC (AD) 141 and submits that the Registrar-in-charge of the National University is empowered to perform the routine works in the absence of the Registrar as such he had no jurisdiction to issue the order of suspension and sh......nexure-'B') dated 21.03.2005 were issued by the Registrar-in-charge of the National University who is not the competent authority as such the impugned orders so passed by him are without jurisdiction. The learned Advocate referred a decision in the case of Registrar, Supreme Court of Ba..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....the possession of the appellant, how it could give suggestion to P.Ws.2 and 3 that the quantity of the heroin would be below 500 grams? The learned Metropolitan Additional Session Judge has totally failed to comprehend the defence plea. In that view of the matter, the finding of the learne...... been made, or where the search list having been prepared, is not produced at the trial, and the things found on search are sought to be proved by oral evidence to have been so found. Of course, mere absence of witnesses at the place of search does not make the search, as a matter of law, incapable ......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
....d, also, insertion of some material facts in obtaining the compromise decree and some other incidental reliefs. The proposed amendment does not at all demonstrate that complexion of the suit has been totally changed and the amendment is not inconsonance with the laws and principles controlling amend......cation of mind on the part of Judge. Lord Denning in Breeh Vs. Amalgated Engineering Union (1971) 1 All ER 1148 stated that the giving of reason is one of the fundamentals of good administration. The absence of reasons deprives the Higher Courts to know the circumstances which weigh lower Courts to ...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Delwar Hossain Vs. State and others, 2006, 35 CLC (HCD)
....nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ......5 years, passed S.S.C examination in the year 2005. On 16.07.2005 at about 9.00 am accused No.1 Refat along with his friends went to the house of informant and abducted his daughter Mahabuba in their absence for the purpose of marrying her. During search informant came to know that Shafique Master, ......nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ..Category: Women and Children | Date: 17 Apr, 2006 | Hits: 24
Ershadul Vs. State, 2006, 35 CLC (HCD)
....ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ......ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ......ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ..Category: Criminal Law | Date: 6 Apr, 2006 | Hits: 5
Nazim Vs. State, 2006, 35 CLC (HCD)
....ay is allowed. In the result, the Rule is made absolute. The office is directed to register the appeal and do the needful. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 353. ......ay is allowed. In the result, the Rule is made absolute. The office is directed to register the appeal and do the needful. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 353. ......ay is allowed. In the result, the Rule is made absolute. The office is directed to register the appeal and do the needful. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 353. ..Category: Procedural Law | Date: 29 Mar, 2006 | Hits: 32
Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)
....t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ....... Thereupon the plaintiffs were inducted on the lands but on defendant's representation, the Commissioner cancelled the settlement. Question raised was whether or not the Commissioner in the absence of any appellate power could cancel settlement by exercising his general supervisory po...... plaintiff did not violate any terms and conditions of the deed of lease. The plaintiff prayed that the order dated 7.11.1975 cancelling the lease dated 1.10.1975 was illegal, ultra vires and without jurisdiction and that the plaintiffs' title was not affected by the order of cancellation. ..Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4
Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ......n 10 of Nari-O-Shishu Nirjatan Daman Ain, 2000, there will be no scope for the Tribunal to take cognizance of offences under Penal Code like forceful confinement and beating separately in case in the absence of any offence under provisions of Nari-O-Nirjatan Daman Ain, 2000 as amended. The complaina......Joydebpur, District Gazipur.................Respondents Judgment March 22, 2006. Result: The appeal is dismissed. A Magistrate holding an enquiry under section 202 of the Code has no jurisdiction to weigh evidence in order to find out if prosecution had been able to prove the case. ..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)
....sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ......sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ......vision held that this provision is not mandatory rather directory. 5. The High Court Division further held that the petitioner could, however, challenge the impugned judgment on the ground of jurisdiction of trial court or the Adalat and if the petitioner is able to establish that the trial ..Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
.... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ...... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ...... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ..Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
.... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ......ection 200 of the Code of Criminal Procedure did not say that he went to the police station to lodge F.I.R., but police refused to record the case. So there was no material for above satisfaction. In absence of such material the Court had no jurisdiction to take cognizance of the offence. Cognizance......awarded such conviction and sentence. Hence the appeal. 7. Mr. Md. Abdul Alim Miah, the learned Advocate appearing for the appellant at the very out set argues that the Court below acted without jurisdiction holding trial of the case. The Court had no jurisdiction to take cognizance of the offe..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
.... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ...... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ...... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
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