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Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)

.... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ......ed Advocates of the plaintiff opposite parties submit that the Act could not be made operative unless the Rules under section 4 of the Act have been framed by the Government. They also submit that no action could be taken under the Act till the Rules are framed by the Government. In other words, the..

Category: Others | Date: | Hits: 226

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

....o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......ritten statement denying the material allegations contending, inter alia, that the suit is not maintainable and plaintiff-respondent No.1 has no locus standi to file the suit and there is no cause of action; that plaintiff-respondent No.1 was a citizen of Pakistan and during the war of liberation th..

Category: Property Law | Date: | Hits: 111

Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)

.... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ......led that when an Advocate argues a case before the Court he is under the legal obligation to assist the Court properly and make a correct submission even if it goes against his client and for that no action can be brought against him by the client because of the fact that as an officer of the Court ..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 417

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......ce Station for 3/4 days and in the same breath he has also stated that accused Rokeya was forwarded to the Court on the next day of her arrest and that Nazma Sarker @ Beauty herself stated in her retraction petition dated 11.9.2003 that she was forwarded to the Magistrate for recording her confessio..

Category: Criminal Law | Date: | Hits: 98

Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)

.... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ......ched; that the Assistant Returning Officer, without entering the suit of that centre in form "Ta" for consolidation the report to the Returning Officer along with all material documents for necessary action; that the Officer forwarding the report of the Assistant Returning Officer to the Election Co..

Category: Election Law | Date: | Hits: 177

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. ......‘30 PM on 24.10.84 but the subsequent statement namely the FIR, a different story implicating the accused party in the crime has been made out. Section 154 CrPC speaks of an information to the taking action on that information. In the face of conflicting and contradicting statements in between the G..

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.......ention was passed on 11.12.90 and so it was impossible on the part of the detaining authority to pass the order on the basis of the statements made on 16.12.90 and it cannot be a ground for the satisfaction of the detaining authority to detain the detenu. So, the ground No.2 cannot be tagged with th..

Category: Criminal Law | Date: | Hits: 113

Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)

....nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ...... is discharged from the bail bond submitted before the ­said Special Tribunal. Let a copy of this Judgment be sent to the Secretary, Ministry of Law and Parliamentary Affairs for taking necessary action against Mr. Dabiruddin Shaikh, Subordinate Judge exercising power of delivery of Sessions and..

Category: Criminal Law | Date: | Hits: 73

Tahera Nargis Syed Vs. Shamsur Rahman, Deputy In­spector General of Prisons, Dhaka Central Jail, 1989, 18 CLC (HCD)

....e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple im­prisonment for three (3) days. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 508. ......r has appeared and filed an affidav­it. He has stated that the order of release in respect of Criminal Miscellaneous Case No.173 of 1988 was received by the jail authority on 20.2.89 and imme­diate action for release was taken by the jail authori­ty after giving intimation to the Government over ..

Category: Criminal Law | Date: | Hits: 124

Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)

....place where the defendant is able to defend it without un­due trouble. Under clause (c) of the said section all classes of suits can be instituted where the cause of action arises wholly or in part. Cause of action means the whole of the material facts which is ne­cessary for the plaintiff to alle...... the Ewaz deed was registered in the Sub-Registry Office of Laxmipur and that the certified copy of the deed was also obtained from the office of Laxmipur Sub-Registry Office and as such the cause of action for the suit arose within the juris­diction of the Court at Laxmipur. The Opposite Par­ties..

Category: Property Law | Date: | Hits: 136

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. ...... or several plaintiffs to withdraw from the suit may be looked into for determining the way in which the inherent power of the court should be exercised. A co-plaintiff, if he has a separate cause of action can always be allowed to withdraw, for that does not affect the rights of other co-plaintiffs..

Category: Procedural Law | Date: | Hits: 82

Mahtabuddin Ahmed Vs. The Principal Secretary, President's Secretariat, Dhaka and Others, 1989, 18 CLC (HCD)

....ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ......er dated 15.10.85 passed by the Chief Martial Law Administrator under the au­thority of Martial Law Order No.9 of 1982. The petitioner has no legal right to challenge the dismissal order as the said action has been protected by the Constitution(Seventh Amendment) Act, 1986 (Act No.1 of 1986). The a..

Category: Employment/Service Law | Date: | Hits: 209

State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)

....4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......P.W.8) recorded the confessional statements in respect of accused Jamir and Piyas and Babul (since deceased) respectively after giving sufficient caution to them and gave them reasonable time for refraction of their mind. 62. The learned Magistrates also were satisfied that the confessions are v..

Category: Criminal Law | Date: | Hits: 105

Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)

....­ported by our apex Court. i) A cheque can be presented for encash­ment on any number of occasions within the period of its validity and its dishonor on every occasion will give rise to a fresh 'Cause of action' within the meaning of clause (b) of section 141 of the Negotiable Instruments Act s...... is further contended that admittedly there has been business relation between the informant and the accused petitioner and the outstanding lia­bilities alleged to have occurred out of business transaction and thus the allegation brought against the accused petitioner is purely civil in nature for ..

Category: Criminal Law | Date: | Hits: 94

AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)

....he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455.......s him and that a Departmental proceeding was drawn up against Assistant Director Ataur Rahman who was the real culprit to misappropriate the alleged amount and in the departmental proceeding punitive action has been taken against Ataur Rahman. Therefore, there is no ground to place the petitioner un..

Category: Employment/Service Law | Date: | Hits: 147

Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)

.... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ......riate step to secure arrest of the Judgment debtor petitioner and to remit him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ..

Category: Civil Law | Date: | Hits: 140

Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)

....002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......offence. Such a statement, unaccompanied by the facts constituting the said offence, which is nothing but a mere opinion of police officer concerned, cannot be in any event, the basis of any judicial action by the Court............................(12) Cases Referred to- 30 DLR (SC) 58; Abdul K..

Category: Criminal Law | Date: | Hits: 137

Abul Khair & another Vs. State, 2002, 31 CLC (HCD)

....he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......hey have heard or not heard. 29. Evidence of witnesses as to passing of order 'to kill' was nothing but a hyperbole. There must have been some sort of slogan uttered by the appellants "calling for action" which prompted other accused to indulge in rioting." 30. We noticed above that P.Ws.2‑6..

Category: Criminal Law | Date: | Hits: 97

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. ......ssed the suit by judgment and decree dated 28-2-93. 6. Strangely enough the trial Court did not discuss and consider issue No.4 but while discussing issue Nos. 2, 5, and 6 viz question of cause of action, the right, tide and possession of the plaintiffs; discussed the question of possession and r..

Category: Procedural Law | Date: | Hits: 103

Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

.... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ......¦â€¦â€¦â€¦Respondent Judgment February 16, 1998. Result: The writ petition is rejected in limine. Cases Referred To- Ramos Vs. Diaz, 1498; In re Castioni (1891) 1 QB 14; Barcelona Traction Case; Namibia case (1971); Western Sahara (1975) case; M Saleemullah Vs. Government of Bangla..

Category: Constitutional Law | Date: | Hits: 421