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Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....ar conception as to the procedure of dealing with a probate case. The learned District Judge appears to have entertained appeal from the order of the learned-District Delegate without having any such scope in the legal provisions of the Act. There is no provision in the Act empowering the District J......ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ..Category: Property Law | Date: | Hits: 113
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
....m such decree except on the ground that it is in excess of, or not otherwise in accordance with, the award." 12. It thus appears that in an appeal filed under section 17 of the Arbitration Act the scope to interfere by the appellate Court is very much limited and only on two counts the Court can ...... 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. ..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abul Hosain Sikdar Vs. State, 1982, 11 CLC (HCD)
....nd forthwith. The rule is, accordingly, made absolute. Send down the records at once, Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 201. ......na on 21.9.70 when the Sub-divisional Magistrate took cognizance of the case and summoned the accused persons. 3. Thereafter the petitioner surrendered before the Court and was granted bail. The petitioner then moved this Court and obtained the present Rule when further proceedin..Category: Criminal Law | Date: | Hits: 115
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. ......1999 passed by the learned Sessions Judge, Sherpur in Session Case No.37 of 1997 is hereby set aside and appellant Rawshan Ara is acquitted of the charge levelled against her. The appellant who is on bail is discharged from the bail bond. Send down the lower Court records at once for information ..Category: Criminal Law | Date: | Hits: 142
.... lease in favour of respondent No.5 beyond the cut‑off date of 30‑6‑96, the actions of respondents 2 and 3, in our view, are ex‑facie violative of the above two Clauses. Moreover, there is no scope to go for negotiation for extension of the lease in favourof respondent No.5 in view of Clause......out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
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Category: Civil Law | Date: | Hits: 178
Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....thing but a "de facto guardian" having no power to convey to anything any right or interest in the immovable property. The whole case of the plaintiff if be accepted as a whole then there shall be no scope open before a Court of law for granting performance of the contract. In view of the above ther......tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ..Category: Civil Law | Date: | Hits: 129
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. ......diky @ Akhter also found not guilty under section 409 of the Penal Code and he is acquitted therefrom. The accused Md. Abdul Hye, Md. Abu Baker and Abu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Ca..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. ......leveled against them and they are acquitted therefrom. The accused Abdul Quddus is to be set at liberty forthwith if not wanted in any 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 Rep..Category: Criminal Law | Date: | Hits: 119
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
....arantee and that if any such 2nd charge document or personal guarantee is produced that must be untrue and baseless and that she was out of the country from 8.9.1991 to 23.12.1991 and so there was no scope for her to execute 2nd charge or furnish personal guarantee on 12.11.1991 and that had she exe......aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174...Category: Civil Law | Date: | Hits: 122
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....for implementation. A copy of the said letter dated 18-2-96 has been annexed as Annexure-Z to the writ petition. On 13-5-96 respondent No.1 wrote back to the respondent Nos. 2 and 3 that there was no scope for withdrawing the 7 officers, and therefore steps should be taken for absorption of those of......titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357...Category: Employment/Service Law | Date: | Hits: 186
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....ples of proper law of contract and Private International Law. 4. In opposing the Rule, Mr. Abdul Wadud Khondker, learned Advocate for opposite party Bangladesh Air Services Ltd. has dwelt upon the scope of proper law and referred to Cheshire's Private International Law at page 14 that "Where it h......e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ..Category: Alternative Dispute Resolution | Date: | Hits: 304
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ts in Sixth paragraph of plaint are false and got up story anti to grab the property. Learned Trial Judge took into account Article 277 and 218(1) of Civil Rules and Orders and held that there was no scope to issue any certified copy of Certificate of Sale by Civil Court and, thus, came to the findi......ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ..Category: Procedural Law | Date: | Hits: 108
....n application was made by the petitioner for reduction of seats but in the absence of approval of the same by the authority of Customs the reduction of seats cannot be effected. And hence there is no scope in law to reduce the number of seats without prior permission of the Customs authority. The re......oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
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Category: Fiscal/Taxation Law | Date: | Hits: 278
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ......question two orders. The first one is dated 13.4.82 passed by Additional Sessions Judge, 3rd Court, Comilla in Sessions Trial No.247 of 1980 taking cognizance against the petitioner and issuing non-bailable warrant of arrest against him upon holding as follows: "Since accused Abdur Razzak did not ..Category: Criminal Law | Date: | Hits: 110
Abdul Gani alias Ganya Vs. State, 2006, 35 CLC (HCD)
....ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ......nto the merit of the case as the convict appellant by this time has already served out imprisonment of 10 years in jail from the date of his apprehension on 4.5.95 and till before fie was enlarged on bail by this Court on 27.4.2005. The learned Advocate for the convict appellant submits that the per..Category: Criminal Law | Date: | Hits: 102
Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ......n a petition of complaint lodged by the complainant the petitioner along with nine others were summoned under section 379 of the Penal Code to stand their trial. The petitioner thereafter was granted bail by the learned Sub-Divisional Magistrate, Dacca with a direction to appear before the Sub-Divis..Category: Criminal Law | Date: | Hits: 107
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....y when satisfied that the view taken by the acquitting Judge is clearly unreasonable". 11. In Seraj Din Vs. Kala and another, PLD 1964 SC 26=16 DLR (SC) 94 Supreme Court of Pakistan dealt with the scope of interference against an order of acquittal. Hamoodur Rahman, J. (as his Lordship then was) ......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568...Category: Family Law | Date: | Hits: 165
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....ge for the ends of justice in exercise of the inherent power under section 151 of the Code of Civil Procedure. He further contends that the impugned order is quite valid and effective and there is no scope of its being infructuous and hence the same should be upheld. 6. We have heard the learned ......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239...Category: Civil Law | Date: | Hits: 130
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......elf or through any other Special Judge of the district in accordance with law and in the light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ..Category: Criminal Law | Date: | Hits: 95
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....y the claim that the work had been completed, while admitting the factum of the agreement. The pivotal thrust of the petitioners objection, however, was erected on the assertion that there existed no scope for the appointment of an arbitration under clause 28 of the contract, in so far as the opposi......ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ..Category: Alternative Dispute Resolution | Date: | Hits: 218
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