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Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308.......ce the said documents are not before us, we are not in a position to give any opinion as to the nature and character of the documents i.e. whether they are private or public documents, and as such we leave this to be considered by the Court below at the time of hearing of the matter. 22. The n..Category: Procedural Law | Date: | Hits: 113
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
....oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ...... a conclusive nature and tendency and they should be such as to exclude every hypothesis but the one proposed to be proved. In other words, there must be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it mus..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....and the affidavit-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312....... The maintenance of law and order, public interest and public safety and security of the State is the paramount obligation of the State, Court can hardly make interference into such matter and should leave such matter into the Government. Even in rarest cases Government may not furnish the ground to..Category: Criminal Law | Date: | Hits: 113
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
.... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......ntenance. The main allegation, however, was that she was not being well treated by her husband, rather at times, he used to be so cruel that it was simply unbearable for her and ultimately she had to leave her husband's flat in June 1984 following an attempted assault upon her and since then she has..Category: Family Law | Date: | Hits: 265
Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)
.... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ......ght of the plaintiff to withdraw from a suit without the permission of the court when he does not seek any liberty to institute a fresh suit as implied in sub-rule (2) of rule 1. In case of express leave of the court which is necessary even if there are circumstances prevailing which would justify..Category: Procedural Law | Date: | Hits: 82
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......eight. The scene showing Hason Raja and Binodini embracing each other did unfold the true saint that Hason was. It depicted how dispassionate he was and how quickly he reacted by ordering Binodini to leave his Zamindary at once when it dawned upon him that sensuality may engulf and overpower him if ..Category: Civil Law | Date: | Hits: 210
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......or rejecting its secondary evidence. 29. Where a document was mentioned in the plaint and the fact that it had been lost was mentioned in an oral pleading made while evidence was being given, when leave was asked to prove it by secondary evidence. Held “that the fact that the loss was not pl..Category: Procedural Law | Date: | Hits: 103
....be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
......t in the interest of the public service they should be retained for a further period. Clause 13 of the said Manuel provides for filling up the temporary vacancy. Clause 14 of the said Manual provides leave of absence of the Government Pleader and clause 16 shows about removal, suspension and other p..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......ainable. He further submits that against the orders passed in those two writ petitions the petitioners went before the Appellate Division and preferred appeals. But, ultimately, during hearing of the leave petitions the learned Advocate for the petitioners had withdrawn the aforesaid two appeals fro..Category: Criminal Law | Date: | Hits: 202
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
.... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420.......pute in respect of election of the Members of the Parliament, election petition is to be filed directly in the High Court, the Election Tribunal, wherefrom appeal lies only to the Supreme Court if leave is granted whereas in terms of section 26 of Ordinance 1983, for settlement of election dispu..Category: Election Law | Date: | Hits: 211
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ......wali, District Barisal and Nazar Ali sold the same to plaintiff. The plaintiff paid the entire consideration money to Nazar Ali in the 1st part of May, 1960. As the plaintiff was in service he had no leave to stay for registration so he left the station giving charge of registration to his two broth..Category: Property Law | Date: | Hits: 114
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ......1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ..Category: Civil Law | Date: | Hits: 229
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......missed by judgment and order dated 4‑7‑2001 dismissing the Criminal Appeal No.1900 of 2000 by this Court. The learned Advocate could not inform us the latest position of the criminal petition for leave to appeal. 7. Be that as it may, the fact remains that the second first information report ..Category: Criminal Law | Date: | Hits: 86
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ..Category: Employment/Service Law | Date: | Hits: 157
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......iced that the petitioner has been living in Bangladesh or in the territories now formed part of Bangladesh since 1950. Of course, he has been evicted from his holding some time in 1972 but he did not leave this country and was living in different parts of Dhaka city. He duly applied to the Sub‑Div..Category: Property Law | Date: | Hits: 90
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242.......urned back to the owner and after 7/8 days of the said incident two cows of Shahid Miah was also stolen by Hashem, Shahjahan and Dhanu and over the same a salish was took place and they were asked to leave the village. But on various plea they did not leave the village. This witness further deposed ..Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......ivil Appeal No.204 of 2003. (From the judgment and order dated 18-11-1999 passed by the High Court Division in Civil Revision No.2757 of 1999. Judgment Nazmun Ara Sultana J.- This appeal, by leave granted on 15-4-2003 in Civil Review Petition No.50 of 2001, is against the judgment and order..Category: Procedural Law | Date: | Hits: 108
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......sion No.2589 of 1990 was filed in the High Court Division by defendant-respondents which was also rejected. Against such rejection, defendant-respondents went up to the Appellate Division by filing a leave petition in which leave was granted and ultimately appeal was dismissed by the Appellate Divis..Category: Property Law | Date: | Hits: 144
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
.... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263.......her form as may be from time to time prescribed. (2) In any case in which the plaint and summons are in such forms respectively, the defendant shall not appear or defend the suit unless he obtains leave from a Judge as herein after provided so to appear and defend; and in default of his obtaining..Category: Procedural Law | Date: | Hits: 92
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......the cause of action. Section 138 and 141 clearly postulates only one cause of action and there is no legal scope for successive cause of action. The combined reading of section 138 and 141 of the Act leave no room for doubt that cause of action with the meaning of section 141(c) arises and can arise..Category: Civil Law | Date: | Hits: 150
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