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Channu Mia alias Yusufuzzaman & others Vs. State, 1983, 12 CLC (HCD)
....of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ......s Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ......n if any trial Court could not complete the trial of a case within a period of 180 days or 360 days. In our opinion the provisions of section 35(c) of Ordinance No. XXIV of 1982 are only directory in nature. This provision has no mandatory character at all in spite of the use of the word "shall" and..Category: Procedural Law | Date: | Hits: 123
....onnection with any other case.
Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 344.
......rder be communicated to the Deputy Commissioner, Gaibandha for necessary action.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 344.
......n a casual, mechanical or capricious manner and instead he has to do it by proper application of judicial mind.
11. Though a Judgment and order passed by the Martial Law Court is only tentative in nature so long it is not reviewed by the Chief Martial Law Administrator or the Zonal Martial Law Ad..
Category: Constitutional Law | Date: | Hits: 259
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......itted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......truction therefrom, (c) a decree for permanent injunction against the defendants from evicting the plaintiff namely Assistant Director of Archeology from the B Schedule property and from charging the nature and feature of the vacant land upon giving lease or in any other way transfer of newly constr..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......e has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......the same is subÂmitted by the defence in the same writ petition rejecting the rule for non. Prosecution. It appeals that the certified copy submitted by the defence is true as there is a seal and signature signed by the Assistant Registrar. Supreme Court of Bangladesh, High Court Division whereas i..Category: Criminal Law | Date: | Hits: 93
Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)
....edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ....... Lawyers Involved: Md. Awlad Ali, Advocate ‑ For the Petitioner. No one ‑ For the Opposite Party. Civil Revision No.1359 of 1989. Judgment Md. Gholam Rabbani J.- This Rule obtained by the defendant No.3 in Tide Suit No.142 of 1989 of the 1st Court of Subordinate Judge, Barisa......t the outset to quote section 9 of the Code of Civil Procedure as hereunder "Section 9.- The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a Civil nature excepting suits of which their cognizance is either expressly or impliedly barred." 4. Thu..Category: Trust/Waqf Law | Date: | Hits: 131
....2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 59.
......ed in: 7 LG (HCD) (2010) 59.
......ying that a club does not agree to pay insured losses directly to the third parties suffering such losses in conseÂquence of the acts of an insured member for which the member is liable. Rather, the nature of such indemnity insurance is that the insured member must first satisfy the third party cla..
Category: Admiralty Law or Maritime Law | Date: | Hits: 512
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....o proÂceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ......urt records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ......ur Rashid alias Bhulu and othÂers Vs. Moulana Mobaswar Ahmed and othÂers, 8 BLC (AD) 11, where it has been held that, the facts as noticed by the High Court Division are sufficient to hold that the nature of transactions among the defendants as fraudÂulent and collusive. Fraud cannot be directly ..Category: Civil Law | Date: | Hits: 200
Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
....nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ...... a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ......e the High Court's inherent jurisdicÂtion and contend that on a reasonable appreciation of the evidence the accusaÂtion made against the accused would not be sustained. Broadly speaking that is the nature and scope of the inherent jurisdiction of the High Court under secÂtion 561A in the matter o..Category: Criminal Law | Date: | Hits: 115
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ...... one was under the Arms Act and the other under the Explosive Substances Act and the convict being a long term prisoner and he being an accused in a pending case as well he was found to be violent in nature. Accordingly, as per Rule 485 of Bangladesh Jail Code he was kept under bar fetters for safet..Category: Constitutional Law | Date: | Hits: 219
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
.... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ......…………………………Opposite Parties Judgment May 13, 1996. Result: The application is rejected. Cases Referred to- 6 DLR 478; 8 DLR 305; PLD 1966 (Dhaka) 262; AIR 1941 (Sind) 111; 9 PLD 1960 (Lahore) 677; AIR 1947 (Mad) 315; 1988 BLD (HC) 369; 6 DLR 477; PLD 1957 (Karac......lant to file the application under section 33 of the Arbitration Act in the garb of an objection under section 17 of the Arbitration Act. Be that as it may it is merely an irregularity of a technical nature which does not touch the merit and we have already found that the written objection in the in..Category: Alternative Dispute Resolution | Date: | Hits: 606
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
....nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ......bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ......s hanged with the "Dharna" at the Machine room adjacent to house of accused Roushani. He identified the accused on dock. He lodged the first Information Report which he proved it as Exht.1 and his signature as Exht.1/1. In cross examination he stated that Mufazzal was his nephew by relation, he foun..Category: Criminal Law | Date: | Hits: 142
....et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
......eral, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
......internal market as the said importers and buyers are not of the same class or similarly situated.
17. It is contended on behalf of the respondents that the present writ petition being frivolous in nature and the order of stay obtained by the petitioner having caused revenue loss to the government..
Category: Others | Date: | Hits: 341
Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)
....d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ......consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ......the decision in the Case of Md. Abdul Majid Barker Vs. The State reported in 40 DLR (AD) 83, the relevant passage is reproduced herein:- "The weapon used was a lethal one and the injury, grave in nature, was caused on the vital part of the body. The intention to cause death of the victim therefo..Category: Criminal Law | Date: | Hits: 116
Serajul Islam Vs. State, 1996, 25 CLC (HCD)
....w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......erty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......nu on 22‑11-95 which was signed by the District Magistrate on 20‑11‑95. Thereafter the Govt. in the Ministry of Home Affairs vide Memo No.5047 Sha: Ma (Nira‑3) dated 15‑11‑95 under the signature of a Senior Assistant Secretary, Security Branch approved the order of detention passed by th..Category: Criminal Law | Date: | Hits: 127
Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)
..... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ......he prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ......aled which may be converted into a valuable security, commits "extortion." 10. Therefore, the first ingredient of extortion, is to put any person in fear of any injury. Fear must be of such a nature and to such an extent as to disturb the mental equilibrium of the person on whom it operates ..Category: Criminal Law | Date: | Hits: 132
Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
....115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ......Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ...... Corporation. 13. We are not dealing here with the validity of agreement of sale and also no issue regarding it had been framed by the Courts below. Moreover the agreement to sell is contingent in nature. No rights or interests passed over to the defendant purchased until full payment has been ma..Category: Civil Law | Date: | Hits: 132
State Vs. Abdul Awal, 1983, 12 CLC (HCD)
.... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ......€¦â€¦â€¦â€¦â€¦Respondent Judgment February 13, 1983. Result: The appeal is dismissed. Cases Referred to- Tamlia Vs. Hannaford, 1950 (1) K.B. 18. B.S.I.; Corporation Vs. Mahbub Hossain Chowdhury 29 D.L.R. (SC) 41. Lawyers Involved: Matiur Rahman, Assistant Attorney-Gene......ernment, P.O. No.26 of 1972, establishing the Sonali Bank, appears to us to be no different from any such public statutory body. The then Supreme Court of Bangladesh had occasion to consider the true nature and character or what it called "public corporation" and it observed as follows in the case o..Category: Others | Date: | Hits: 163
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
....bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......y on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......Officer-in-charge of Dhamoirhat police station endorsed the prayer to SI Abdul Hamid for taking necessary action. Thereafter SI Abdul Hamid handed, over the motorcycle to SI Abdul Baten taking his signature in the GD and in the property register. IS Abdul Baten after receiving the motor cycle brough..Category: Criminal Law | Date: | Hits: 109
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......ho is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......ainst the drivers of two buses under section 279/338(A)/304(B)/427 283 of the Penal Code and entrusted the task of investigation upon SI Amiruddin. He identified the ejhar marked exhibit-1 and his signature marked exhibit-1/1. He deposed in his cross examination that the guardian of the deceased did..Category: Criminal Law | Date: | Hits: 119
Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
....9.10.1989 the same is discharged. There will be no order as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527.......er as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527.......For the above view taken by us reliance may be had to the decision in the case of Abdur Rouf Vs. Abdul Hakim, reported in 17 DLR (SC) 515 where it was observed as follows: "A mala fide, act is by its nature an act without jurisdiction. No legislature when it grants power to take action or pass an or..Category: Employment/Service Law | Date: | Hits: 231
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