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....icate was issued long before the issuance of the Rule on 5-5-2002, the auction sale of the mortgaged property was thus made absolute before issuance of the Rule. So in the circumstances, there was no scope of giving any opportunity to the petitioners to raise any claim in respect of the mortgaged pr...... can protect his right and title in that property by filing proper suit in a proper forum."
The petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 213.
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Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
.... interpreted are not clear and unambiguous. The words 'immoveable property' occurring in section 5 of the Ordinance include both agricultural and non-agricultural properties. There is no scope for encroaching upon the domain of legislature by importing the words 'rural area' in ......, we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Durnity Daman Commission Vs. Jesmin Islam and another, 2014, 43 CLC (AD)
....patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1. ......February 10, 2014. Result: The petition is disposed of. Anticipatory Bail or Pre-arrest Bail is an extra-ordinary remedy and an exception to the general rule of bail which can be granted only in extra-ordinary and exceptional circumstances upon a proper an..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)
....used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ...... Judgment February 10, 2014. Result: This petition is disposed of. Anticipatory Bail is an extra-ordinary remedy and an exception to the general rule of bail which can be granted only in extra-ordinary and exceptional circumstances upon a proper an..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
.... amount, but he failed to make the payment as per the terms of the agreement and thereafter the auction was held in accordance with law, he was estopped to challenge the auction sale and there was no scope to set-aside the same which the High Court Division failed to consider in passing the impugned......t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....ransaction with the complainant in personal capacity, even he instituted the title suit in his name as an individual and also signed an agreement with the petitioner in personal capacity. There is no scope to take the plea at this stage that the cheques were issued by a company and without indicting...... 4. The Chief Metropolitan Magistrate, Dhaka on examining the complainant issued process upon the opposite party 2, who voluntarily surrendered before the Chief Metropolitan Magistrate and obtained bail on furnishing an undertaking that he would pay the entire amount by installments. The cases bei..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)
.... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ......Md. Imman Ali J. - This criminal appeal by leave arises out of the order dated 24-3-2003 passed by a Division Bench of the High Court Division in Criminal Revision No. 227 of 2003 granting ad interim bail to the petitioner, Dr. Fazlur Rahman respondent herein. 2. The facts in brief are as..Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....vent abuse of the process of law, it is the duty of all Tribunals to correct the decisions which run counter to the law. 15. We are not unmindful that the duty of the Court is not to enlarge the scope of the legislation. A Court of law cannot rewrite, recast, or reframe the legislation for the ...... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)
..................Petitioner Vs. Sheikh Ahammed and others…………......................Opposite Parties Judgment November 21, 2013. Result: The Rule is discharged. In a criminal revision the scope of reassessment of evidence is narrower than that in an appeal. It is also difficult to interf......ink itfit to interfere with the impugned judgment. In view of the above we do not find any substance in the Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoRepor..Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24
....n on personal ground; and that the unopposed election shown to have declared on 27-8-2010 with Md. Mahbubul Alam Nader Bhuiyan, an Advocate of Narsingdi Bar as President was a nullity and outside the scope of law. In the circumstances, pursuant to a resolution taken in the general meeting of the Uni......y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 313
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Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....dly, Alhaj Golam Mowla had died on 19-5-1999 and he was not an income tax assessee during his lifetime; (ii) since Alhaj Golam Mowla was not an assessee at any time before his death, there is no scope to issue any notice upon his legal representative and to make assessment of his income prior t......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....-appellant during the period under report was duly approved by the Chairman as an advance. It is also admitted by him that the fund of Ministry of Industries and BCIC are the separate and there is no scope to adjust the amount obtained by the convict-appellant from BCIC from the fund of Government. ......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....issue is the dishonour of a cheque by the bank due to fraudulent action of the drawer and if the view taken by the High Court Division that payment stopped by the drawer does not come within the scope of section 138 of the Act, is allowed to hold the field the defaulters would resort to that mo......iled to respond and, thereafter, the appellant filed the instant complaint. The Metropolitan Magistrate took cognizance of the offence and issued process. The respondent surrendered and obtained bail and, thereafter, filed application under section 561A of the Code of Criminal Procedure in the ..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
.... Appellate Tribunal has the power to implement the decision of the Administrative Tribunal by resorting to the provision of contempt contained in section 10A of the Act and, as such, there is no scope for filing any criminal case for implementation of the decision of the Administrative Tri......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ...... the learned Special Judge, Court No. 9, Dhaka in the Special Case No. 26 of 2008 is upheld subject to the modification made in the body of this judgment. 85. As the convict-appellant is on bail, he is directed to surrender to his bail within 2(two) weeks from date, failing which, the tria..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
.... democracy. The Charter of Medina, therefore, encapsulates the pure essence, spirit and nature of Islam and its philosophical basis which is inherently secular and essentially democratic. There is no scope in Islam for creating a state based on Islamic law or creating an Islamic state, monarchy or r......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
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Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....aw evident in specific provisions of the Act combined with the efflux of time each Respondent has become a permanent employee. Against this backdrop, this Court is presently engaged in a limited scope of enquiry' determined by the terms of the Rules Nisi issued, these being in turn informed......Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ......urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......ance of the offence under section 138 of the Negotiable Instruments Act, 1881. The accused petitioner voluntary surrendered in the Court of learned Chief Judicial Magistrate, Narayangonj and obtained bail on 20.10.2008. 3. Next the case record was transmitted to the court of learned Sessions Ju..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
....the application under section 19 of Ain, the Adfilat rightly restored the suit in its original file and number after setting-aside the ex parte decree in terms of section 19(4) of Ain and there is no scope in the instant case to initiate a miscellaneous case to consider whether summons were dul......respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
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Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
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