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State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....bmitted a perfunctory charge-sheet in this case against the accused. 42. These are all about the evidences that have been given by the prosecution in this case. The death of deceased Tipu is not disputed at all in this case. The defence did not arrest or claim that the deceased had met with his......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ..Category: Criminal Law | Date: | Hits: 147
Idris Miah (Md.) Vs. State, 1998, 27 CLC (HCD)
....ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ......ibunal constituted under section 25 of the Special Powers Act is also required to follow the provisions of section 476 to hold an enquiry as provided in that section and file a formal complaint after holding such enquiry which they failed to do. 7. In view of the provisions of section 476 of the ..Category: Criminal Law | Date: | Hits: 72
....istry.
2. Petitioner's Title Suit No.21 of 1989 for permanent injunction was filed against the said Ministry, later on a prayer was made for mandatory injunction to restore possession of the disputed house to the plaintiff on the allegation that after filing of the suit the plaintiff was di......t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
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Category: Civil Law, Contempt of Court Law | Date: | Hits: 99
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ......os. 19(ka)-19(Ja). Preliminary Decree was drawn and signed on 30.11.1999. On the prayer of Decree-Holder Plaintiffs-Opposite parties, an Advocate Commissioner was appointed for effecting partition on holding Local Investigation and Survey on the property. Learned Advocate Commissioner on 28.5.2000 s..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......ause as to how and under what authority Mr. Kazi Habibul Awal, Additional Secretary of the Legislative Drafting Wing of the Ministry of Law, Justice and Parliamentary Affairs, the Respondent No.5, is holding or purported to hold the post of Secretary-in-Charge of the Ministry of Law, Justice and Par..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ......n contest and set aside the orders of termination dated 13.7.2000 and 16.7.2000 and ordered reinstatement of the respondent-workers within 30 days from the date of the judgment with full arrear wages holding, inter alia, that the services of the respondents were terminated for trade union activities..Category: Labour and Industrial Law | Date: | Hits: 138
Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)
....directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ......ed by the selection committee of BADC by agenda No.3 dated 29.12.2002 and 1.1.2003 without taking into account the case of the petitioner for promotion. After belated promotion, the petitioner is now holding the post of Joint Director/Manager. At present, the petitioner is aggrieved because in the g..Category: Employment/Service Law | Date: | Hits: 144
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......ng upon the respondents to show cause as to why the impugned Judgment and order dated 7‑10‑87 passed by the respondent No.1 in Settlement Case No.526 of 1987 (Ka‑1005‑Mirpur Sections 1 and 2) holding No.2‑E/5‑2‑Mirpur. Dhaka as contained in Annexure‑1 to the Writ Petition should not ..Category: Property Law | Date: | Hits: 107
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
....y positive evidence. In this view of the matter I hold that the learned trial Court was not justified in convicting the accused appellant in this case without proper examination and comparison of the disputed signature on the back of the cheque in question by hand writing expert with his specimen si......y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ..Category: Criminal Law | Date: | Hits: 88
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
....k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ...... to prove the charge brought against the appellant and as such, the impugned judgment and order of conviction is liable to be set aside. He further submitted that the learned Court acted illegally in holding that the victim was a minor at the time of occurrence and in relying on the evidence of D.W...Category: Criminal Law | Date: | Hits: 89
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
.... of the writ petition stated that his resignation was accepted by the Board of director of 26-12-2002 which is after the loan sanction letter and this shares were transferred later on. Therefore, the disputed question of facts as to whether this petitioner executed any grantee for the loan or was di......ns (9) and (10) of section 34 of the Ain that the conditions precedent for directly issuing a warrant of arrest/civil prison (দেওয়ানী আটকাদেশ) are that— (i) steps for holding at least one auction was taken, or (ii) the decretal amount was not fully satisfied by au..Category: Civil Law | Date: | Hits: 154
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
..... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ......an neither got any authority nor any occasion to transfer plot No.398 which was not owned and possessed by him rather owned and possessed by Imamuddin and Trial Court committed a substantial error in holding tl at Defendants-Opposite parties purchased Cadastral Survey plot No.398 and it was wrongly ..Category: Procedural Law | Date: | Hits: 155
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
.... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ......it is prepared. 24. In the facts and circumstances of the case as I have discussed above vis-a-vis the above quoted decisions, I am of the opinion that the appellate Court below committed wrong in holding that: “এইরুপ অবস্থায় বিবাদীর পূর্ববত..Category: Property Law | Date: | Hits: 100
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....he allegation that the defendant's Islampur branch collected two cheques from the plaintiff's Kawran Bazar branch which was found to be forged; the defendant being found negligent in opening the disputed account and collecting the money is liable to refund the same to the paying bank. The suit ......t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ..Category: Business or Commercial Law | Date: | Hits: 548
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....ch, the petitioners had no other alternative but to prefer this application under Article 102 of the Constitution. 14. The learned Advocates for the respondents further submit that since there are disputed questions of fact, this writ petition is not maintainable. It is difficult for us to accept....... Abdul Wadud Mallick. But the law specified the authority of DIT in the matter of dealing with such subject and ultimately the High Court declared the impugned order illegal and without jurisdiction holding that the DIT had not exercised its independent legal authority, rather being directed by the..Category: Civil Law | Date: | Hits: 140
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
.... three deeds under challenge were executed by the defendant No.2 from 1990 onward and completed within 1996. Defendant No.2 is admittedly childless. In addition to her disposal made twice earlier the disputed deeds seeking to dispose of total 0.60 acre land thereby collecting Tk. 50000 + 30000 + 700......dismissed. 12. Learned Subordinate Judge upon trial found the defendant No.2 to have inherited the land from her husband thus posted with limited interest in the suit land. She as a limited heir holding life-estate is not competent to sell the land except for legal necessity. Major part of the ..Category: Property Law | Date: | Hits: 107
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......as to why he should not be dismissed from service and file a written objection on or before 17-10-1993. The plaintiff submitted his reply stating that the enquiry was not held properly and prayed for holding the enquiry headed by a Magistrate. But the Managing Committee, without considering the pray..Category: Civil Law | Date: | Hits: 144
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......umstance that might have offered grounds for such appointment to run the pump free from chaos. Furthermore, no principle is decided in this case as the Appellate Division dismissed the leave petition holding that the High Court Division's order was not passed inequitably and in violation of law. Thi..Category: Civil Law | Date: | Hits: 126
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......e the charges levelled against the petitioners were cross‑examined by the petitioner. We therefore do not find any violation of section 18 of the Employment of Labour (Standing Orders) Act, 1965 in holding the enquiry or that they were denied natural justice. So for as the petitioners' claim to ho..Category: Labour and Industrial Law | Date: | Hits: 182
Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)
.... the Administrative Tribunal adducing evidence as to the practice followed in such matters. Since the writ petition is not maintainable we refrain from passing our opinion on that question which is a disputed question of fact. Had there been any allegation of malafide or bias on the part of any memb......t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ..Category: Employment/Service Law | Date: | Hits: 194
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