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Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)

....tion 7 of the Act,” and section 10(3) has taken away the authority of the Government to remove the chairman or other members at its sweet will. Considering the Act from these aspects there is no scope to hold that the office of the respondent No.1 is in the service of the republic. 21. In th......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ..

Category: Constitutional Law | Date: | Hits: 228

Dhaka Leather Com­plex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)

..... Upon such judgment, a decree shall follow. No appeal shall lie against such a decree except in a case where the decree was passed in excess of the award or not in accordance with the award. So, the scope of the appeal is limited to either of being excessive of or not agreeing with the award. Mr. S......order as to cost. Order of stay granted in the Rule on 10-­9‑2002 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 578...

Category: Alternative Dispute Resolution | Date: | Hits: 190

Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)

.... 28 have provided also that the execution cases filed beyond the time limited prescribed by this Section 28 will be barred by limitation and will be rejected by the Adalat summarily. So, there was no scope for condoning the delay in filing this execution case and as such the impugned order No.4 date......Procedure is of no help. The leave petition do not merit consideration being barred by limitation. The petition is accordingly dismissed. This Case is also Reported in: 20 BLT (AD) (2012) 170. ..

Category: Limitation Law | Date: | Hits: 140

Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)

....e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457.......rd that the accused ­appellant Abdur Razzak @ Geda was arrested by the police immediately after the occurrence and bad been in jail custody althrough excepting on 3 occasions when he was enlarged on bail. The Judgment was delivered on 12‑10‑91 and he was found guilty and ­sentenced to 7 years ..

Category: Criminal Law | Date: | Hits: 144

Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)

.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82.......luddin, filed Criminal Appeal No.2746 of 2007 before the High Court Division challenging the judgment and order dated 13.6.2007 passed by the Special Tribunal No.6, Comilla rejecting their prayer for bail and that the above appeal was admitted on 30.7.2007 and further, on the basis of their prayer, ..

Category: Criminal Law | Date: | Hits: 146

Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)

....rt having decided the application on merit and having not decided on a preliminary point, the High Court Division erred in remanding the case to the executing Court in exercising its power beyond the scope of Order 41 rule 23 of the Code of Civil Procedure. The learned Advocate further submitted tha......f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ..

Category: Others | Date: | Hits: 140

Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)

....onfidence motion. Thereafter, vide Memo dated 2.08.2009 purportedly under signature of Senior Assistant Secretary LGRD has been issued to enquire into the matter and the same has been done beyond the scope of the Pourashava Ordinance or Act and as such the impugned order is liable to be declared wit......acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360...

Category: Others | Date: | Hits: 136

Manirul Huda Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others, 2010, 39 CLC (HCD)

....dgers. 27. The matter is certainly of public importance. To address the first submission of the learned Attorney General as to whether the writ petition itself is maintainable our view is that the scope of maintainability of writ has been expounded and extended time and again and has reached in i...... should be discharged outright. In the result, the Rule is discharged, however, without an order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325. ..

Category: Fiscal/Taxation Law | Date: | Hits: 227

Sayed and 10 others Vs. State, 1996, 25 CLC (HCD)

....peal No.2425 of 1993 and appellant Md. Based Miah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ...... 5) Naser, 6) Mohsin7) Delu, 8) Abul 9) Nayan 10) Moti 11) Monu in Criminal Appeal No.2425 of 1993 and appellant Md. Based Miah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ..

Category: Criminal Law | Date: | Hits: 81

Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)

....e the order, and the Court may make such order thereon as it thinks fit." 8. It was held in a few decisions that the words "appeal is allowed by this Code" in sec­tion 114(a) and (b) restrict the scope of review only to those Judgments passed in the exercise of jurisdiction derived from the Code......ppellate Court below calls for any inter­ference in revision. In the result the rule is discharged with­out any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ..

Category: Procedural Law | Date: | Hits: 119

Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......ng the allegation true arrested the accused-petitioner. They also recovered Taka 19,000 in cash from co-accused Shafiqul Islam and thereafter they lodged the FIR. The petitioner filed application for bail before the learned Additional Chief Judicial Magistrate, Rangpur but those applications were re..

Category: Anti-Corruption Laws | Date: | Hits: 142

Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)

....gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......d giving threat to the father of the victim and the prosecution witnesses against continuing prosecution case and it further appears that the accused husband after coming out from the jail custody on bail started giving again threats to the witnesses of the case and also to the father of the victim ..

Category: Criminal Law | Date: | Hits: 135

Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)

....nd the tenant. From the use of the preposition "in" before the expres­sions "the contract", the intention of the legisla­ture seems to be clear. There might have been some scope for controversy if the preposition 'by' was used instead of the preposition 'in......ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is de­creed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ..

Category: Tenancy Law | Date: | Hits: 214

Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)

....he said Ordinance the object of the said section is to give a benefit to the female preventing a hasty dissolution of marriage by talaq being pronounced by the husband unilaterally without giving any scope for reconsideration but such benevolent intention is likely to be converted into an instrument......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ..

Category: Family Law | Date: | Hits: 202

Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)

..... Of course, in an appropriate case such objection may be allowed to be raised in the appeal. This may be done on the ground that the appeal is continuation of the suit or proceeding. But there is no scope for raising the question of defect of parties on account of non-joinder of necessary parties, ......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ..

Category: Property Law | Date: | Hits: 138

Makbul Ali & others Vs. Manwara Begum & others, 1987, 16 CLC (HCD)

....o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181.......aid Ordi­nance and also issued search warrant for recovery of his International Passport, Mukbul Ali and Manwara Begum surrendered before the learned Upazilla Magistrate on 26.06.1983 and prayed for bail. Manwara Be­gum was granted bail but the petitioner No.1 Mokbul Ali remained in hajjat. Subse..

Category: Family Law | Date: | Hits: 193

Dilu alias Delwar Hossain Vs. State, represented by the Deputy Commissioner, Barisal, 1996, 25 CLC (HCD)

....rim bail to the petitioner is recalled and he is directed to surrender before the Magistrate by 19‑6‑96. Send down the LCR at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 529.......ected by the learned Sessions Judge by his Judgment and order dated 30‑3‑95. The petitioner then moved this Court and obtained the present Rule on 22‑5‑95 and he was also granted ad‑interim bail on the same date. 3. The learned Advocate, Syed Ziaul Karim appearing on behalf of the accus..

Category: Procedural Law | Date: | Hits: 131

Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)

....ntion he referred the case of Jashimuddin Kanchan Vs. Md. Ali Ashraf, reported in 42 DLR (AD) 289 wherein their Lordships have held that "finding based on due consideration of evidence was beyond the scope of revisional Court to interfere with." He next referred the case of Fakhruddin Mia and anothe......ion Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ..

Category: Election Law | Date: | Hits: 273

Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)

.... 45 years or send the case on remand to the lower court for another round of legal battle, particularly when the High Court, while sending the case on remand to the lower Appellate Court, limited the scope to consider and decide the easement right of plaintiffs to Plot Nos.1 and 2 only. 11. It......t Sylhet on 25.4.66 in Title Appeal No.158 of 1954 are upheld and the Second Appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ..

Category: Civil Law | Date: | Hits: 147

Mohiuddin Ahmed and others Vs. State, 2011, 40 CLC (HCD)

....ated 2-11-1993 under the section 506 of the Penal Code and the proceeding in the said case is hereby quashed. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 564. ......ners by the police they were for­warded to the Court on 9-10-93 and it transpired that no specific offence was committed by the accused petitioners and in consideration thereof they were enlarged on bail on 9-10-93 and that was further confirmed on 11-11-93. 4. Thereafter, in defiance with the m..

Category: Criminal Law | Date: | Hits: 90