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Tarani Mohan Gosh and 2 others Vs. State and another, 1998, 27 CLC (HCD)
....sfied with the allegations made in the complaint petition filed by Gobinda Prashad Das registered as Special Case No.1 of 1992. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 575. ...... party No.1) and Mr. Syed Ziaul Karim, learned Advocate appearing for the complainant opposite party No.2. They submit that sub‑section (5) of section 6 only bars taking cognizance of a case in the absence of previous sanction of the Government and as such, the impugned proceedings can not be held......hout soliciting sanction in terms of sub‑section 5 of section 6 of that Act. 8. Following the decision, we find that the order passed on 17‑2‑92 as quoted above was illegal and was without jurisdiction and consequently, all the subsequent orders must be held to be without jurisdiction. Le..Category: Anti-Corruption Laws | Date: 12 Feb, 1998 | Hits: 134
Idris Shaikh Vs. Jilamon Bewa and others, 1997, 26 CLC (AD)
....eason to differ. We have nothing to interfere in this case. The petition is dismissed accordingly. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 161. ......eason to differ. We have nothing to interfere in this case. The petition is dismissed accordingly. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 161. ......n is dismissed. The Code of Civil Procedure, 1908 [V of 1908], Section 148 In a case where a court passes a decree for specific performance of contract the court retains the jurisdiction to extend time under section 148 of the Code of Civil Procedure, to deposit any outsta..Category: Contract Law | Date: 11 Dec, 1997 | Hits: 221
State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)
....Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ......he demand of dowry has not been established. 19. We are now to see whether homicide caused by the accused amounts to murder or culpable homicide not amounting to murder i.e. manslaughter. In the absence of any eye-witness of the occurrence we are to consider the confessional statement of the ac......Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ..Category: Women and Children | Date: 24 Nov, 1997 | Hits: 151
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
.... price along with 2% earnest money by 3-6-86. Accordingly respondent No.2 determined the highest market price of Taka 1,00,000.00 per Katha and a sum of Taka 5,00,000.00 for the structures making the total amount at Taka 66,15,000.00 which was the highest price at the relevant time. A Bank draft for......erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
Rehana Begum and another Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....le is made absolute without any order as to cost. The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ......le is made absolute without any order as to cost. The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ......le is made absolute without any order as to cost. The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ..Category: Women and Children | Date: 4 Sep, 1997 | Hits: 184
Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3
Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
....ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 50 ......ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 50 ...... Shah Alam Vs. The State, (1976) 28 D LR. (HC) 448. 5. Mr. Kazi Abdul Wahab, the learned Deputy Advocate-General, appearing for the State has submitted, on the other hand, that this Court has no jurisdiction to go into this matter on this application, inasmuch as, the proceeding has been initia..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Tapati Rani alias Boby Rani Vs. State, 1997, 26 CLC (HCD)
....passed either by the Magistrate or by the learned Sessions Judge for keeping the victim girl in judicial custody are hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 566. ......passed either by the Magistrate or by the learned Sessions Judge for keeping the victim girl in judicial custody are hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 566. ......passed either by the Magistrate or by the learned Sessions Judge for keeping the victim girl in judicial custody are hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 566. ..Category: Women and Children | Date: 30 Jul, 1997 | Hits: 72
Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)
....wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ......wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ......wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ..Category: Property Law | Date: 24 Jun, 1997 | Hits: 22
Akbar Hossain Khan (Md.) and another Vs. Md. Awlad Hossain Khan and another, 1997, 26 CLC (HCD)
....89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ......tiffs and, as such, the suit is liable to be dismissed. 5. After a series of adjournments, mostly at the instance of the defendants, the suit was eventually taken up for ex parte disposal in the absence of the defendant‑petitioners. The learned SCC Judge by his Judgment dated 28‑9‑89 decr......89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ..Category: Tenancy Law | Date: 17 Jun, 1997 | Hits: 126
Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)
....e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ......e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ......igation. 9. Mr. Khan’s contention is that in view of this provision of the special law i.e. Criminal Law Amendment Act, 1958 neither the Chief Metropolitan Magistrate nor any other Court had any jurisdiction to order for further investigation into the case and the order of the Chief Metropolita..Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....cing by inference the proper law of contract. The question of public policy is a very important factor in determining whether clause 14 should be given effect to by a Bangladesh Court. There is a total lack of reciprocity between UK and Bangladesh in respect of enforcing the decrees of each oth......risen”. Lord Denning observed in Tzortzis Vs. Monark, (1968) 1 W LR 406 (409), “... if there is an express clause in a contract providing what the proper law is to be, that is conclusive in the absence of some public policy to the contrary. But where there is no express clause, it is a matte......ated 8-2-96 passed by a Division Bench of the High Court Division making the Rule absolute in Civil Revision No. 3934 of 1994 concerning whether the Court in England or the Court in Bangladesh has jurisdiction over an arbitration in terms of an Agreement between the appellant and the respondent,..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
Nasiruddin (Md.) Vs. State, 1997, 26 CLC (HCD)
....it and does not call for quashment of the proceeding under challenge. The result is, we reject this application summarily. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 124. ......it and does not call for quashment of the proceeding under challenge. The result is, we reject this application summarily. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 124. ...... any offence unless a report is filed by the police officer holding rank of Sub-Inspector of Police. True, but a close reading of proviso to sub-section (1) of section 17 indicates that the Court has jurisdiction take cognizance in a case where complainant fails to obtain a report of offence constit..Category: Women and Children | Date: 16 Mar, 1997 | Hits: 83
Category: Property Law | Date: 13 Mar, 1997 | Hits: 31
Subbatara Begum Vs. Ansaruddin, Officer-in-Charge, 1997, 26 CLC (HCD)
....Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ......Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ...... such a situation, the present petitioner moved this application for drawing up contempt of Court against the present contemner-opposite party on the ground that the Special Judge had no authority or jurisdiction to dispose of contempt matter in view of the Contempt of Court Act. It was stated that ..Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172
Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
Solaiman (Md.) Vs. Begum Rezia Khatoon, 1996, 25 CLC (HCD)
....ner, felt difficulty to support the Rule. In the result, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 437. ......ner, felt difficulty to support the Rule. In the result, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 437. ......the result, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 437. ..Category: Tenancy Law | Date: 28 Oct, 1996 | Hits: 128
Jarina Khatoon Vs. State, 1996, 25 CLC (HCD)
....sides we find no merit in this appeal. The appeal is dismissed accordingly. The order of stay passed earlier is hereby Ed. This case is also Reported in:49 DLR (HCD) (1997) 424. ......use Jalil Pramanik called her to his house where she. found accused Syed Ali Sarder sitting. Then Jalil Pramanik and his wife left the house leaving behind the informant and taking advantage of their absence accused Syed Ali Sarder forcibly raped her and when she raised alarm many people came there ......sides we find no merit in this appeal. The appeal is dismissed accordingly. The order of stay passed earlier is hereby Ed. This case is also Reported in:49 DLR (HCD) (1997) 424. ..Category: Women and Children | Date: 14 Aug, 1996 | Hits: 92
Category: Property Law | Date: 5 Aug, 1996 | Hits: 25
Abdul Hakim Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....good ground for rejecting a writ petition. In view of the above, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 438. ...... the petition and we do not find in the application any assertion by the petitioner that after termination of SMLC No.51 of 1982 it was not submitted before the competent authority for review. In the absence of such an assertion we are not inclined to believe that the said Judgment was not eventuall......t. Regulation 3(3) is to the effect that all proceedings of Summary Martial Law Courts shall immediately after the termination thereof be submitted to the Zonal Martial Law Administrator within whose jurisdiction the trials were held for review. This Regulation was further amended by MLR IV/86 and t..Category: Employment/Service Law | Date: 31 Jul, 1996 | Hits: 137