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Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ......……(9) The right of easement by prescription is acquired under section 26 of the Limitation Act and section 15 of the Easements Act which are counterparts of one another. According to the two provisions of law, for acquiring the right of easement by prescription one has to enjoy such easem..Category: Civil Law | Date: | Hits: 189
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......ecide the issue of legitimacy if it arises as part of the decision on guardianship or maintenance. Section 5 is quoted below (under lines added) "5. Jurisdiction of Family Courts.—Subject to the provisions of the Muslim Family laws, Ordinance, 1961 a Family Court shall have exclusive jurisdicti..Category: Family Law | Date: | Hits: 246
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....ion 491 of the Code, it would have been open to a detenu to challenge the law under which he has been detained, was invalid and illegal. The validity of the law might also have been challenged or the mandatory provisions of law under which he has been detained, had not been complied with. The right ...... of reasonable grounds, which is a quasi‑judicial function. The inference whether the authority acting under a statute where it is silent has the duty to act judicially will depend upon the express provisions of the statute read along with the nature of the rights affected, the manner of the dispo..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......d in view. An accused tried by the Tribunal and an accused tried by the other Courts as mentioned in the Ain are being tried under the same procedure and the enactment was made in consonance with the provisions of the Constitution itself. The new Ain is enacted as an step towards the popular saying ..Category: Criminal Law | Date: | Hits: 177
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
.... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ......nder section 138(b) of the Negotiable Instruments Act was not sent to the accused petitioners within 15 days from the date of dishonour or bouncing of the cheque as required and non compliance of the provisions of this section renders the proceeding illegal for which the same is liable to be quashed..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......que from, which, when drawn, is a bill of exchange, cannot attract section 5 of the Negotiable Instruments Act, as it pre-requires such a cheque to be "signed by the customer." Therefore, none of the provisions of the said Act can be canvassed in aid by the bankers in respect to a cheque which does ..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
....egistered as Sessions case and shall be tried by the Sessions Judge as Sessions case. He further submits that the instant case has been numbered as Special Tribunal case which is the violative of the mandatory provision of and as such the proceeding against the petitioner is abuse of the process and......ognizance Court No.1 Cox's Bazar without local limit of the Court and the learned Court took cognizance without his jurisdiction and the Sessions Judge also took cognizance on 25-6-2008 violating the provisions of section 177 of the Code of Criminal Procedure. It is also submitted that the complaina..Category: Criminal Law | Date: | Hits: 134
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....used while in section 339B the word 'shall' has been used. The expression "in at least one Bengali daily newspaper" occurring in section 339B Cr.P.C. reveals that the provision of section 339B is a mandatory and not a directory one. As the mandatory provisions of law was not followed the learned S...... used. The expression "in at least one Bengali daily newspaper" occurring in section 339B Cr.P.C. reveals that the provision of section 339B is a mandatory and not a directory one. As the mandatory provisions of law was not followed the learned Sessions Judge ought to have condoned the delay and..Category: Criminal Law | Date: | Hits: 110
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ......ume the existence of Inherent power to do that for which specific provision has been made by a statute and should not invest itself with such jurisdiction for the purpose of getting round the express provisions of the law. Unintentional or inadvertent mistake of the Court causing injustice to a pa..Category: Procedural Law | Date: | Hits: 154
.... Orders previously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
......ance bank guarantees in strict compliance with the terms and conditions of the Contracts. It is contended in this regard that no efforts were made by or on behalf of Reliant to invoke the arbitration provisions of these Contracts and indeed no effort had been made for an amicable settlement until 6-..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....ing being Khatian No.339, namely, one Martaza Bibi and another Julekha Bibi. The failure of the preemptor‑opposite parties to implead the aforesaid Martaza Bibi and Julekha Bibi in violation of the mandatory provision of section 96 (2) of the said Act has deprived them of their right of preemption...... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ..Category: Property Law | Date: | Hits: 155
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
.... not permissible. 11. The learned Advocate for the petitioner tried to impress us agitating the ground that in view of the provision of section 141(c) of the Negotiable Instruments Act, 1881 it is mandatory that the trial of the case, must be tried by the Court of Sessions not inferior to that of......gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ..Category: Procedural Law | Date: | Hits: 167
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. ......r pass any order to pay compensation to the accused for giving false evidence. If a Court finds that any witness committed an offence under section 193, the Court is to proceed in accordance with the provisions of section 476 of the Code of Criminal Procedure because the offence under section 193 is..Category: Criminal Law | Date: | Hits: 72
.... Works and the Assistant Secretary of the same Ministry.
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 ......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.
..
Category: Civil Law, Contempt of Court Law | Date: | Hits: 99
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. ...... Respondent No.5 has consent of the Honourable Supreme Court but such consent is not necessary for a person not belonging to the judicial service, inasmuch as Article 115 of the Constitution provides provisions for framing Rules for the postings, promotion etc. of the officers under the judicial ser..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. ......so not maintainable under section 25(1)(b) of the Act because admittedly, their grievances for the alleged termination have already been raised and taken cognizance of as industrial dispute under the provisions of the Ordinance and as such, the cases of these respondents were liable to be dismissed ..Category: Labour and Industrial Law | Date: | Hits: 138
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
....nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ......ecord. Addition of parties is, however a judicial discretion which is required to be exercised judiciously. In the case of Anil Kumar Vs. Shivnath (1995) 3 SCC 147, it is decided that considering the provisions of Order 1 Rule 10(2) the Supreme Court observed that though the Court may have power to ..Category: Property Law | Date: | Hits: 85
Mostafa Vs. State, 2012, 41 CLC (HCD)
....vidence of the prosecution witnesses but no arms or ammunitions were recovered from this petitioner. In an arms case the absolute, control and conscious possession of the incriminating article is mandatory for convicting any person, but in the instant case we do not find any such evidence. Thus,......erpur and it was registered as Special Tribunal Case No.18 of 2005. Charge was so framed against the accused person, the petitioner pleaded not guilty of the offence and demanded to be tried as per provisions of law. 4. During trial prosecution examined as many as 11 witnesses but the defence e..Category: Criminal Law | Date: | Hits: 59
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. ......s and the evidence of the victim D.W.1 overlooking her positive assertion that she was major and her age in the SSC Examination was shown by reducing her actual age to convict the appellant under the provisions of section 9(ga) of the Nari‑O‑Shishu Nirjatan (Bishesh Bidan) Ain 1995. 14. Afore..Category: Criminal Law | Date: | Hits: 89
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ......t Hossain Vs. Banque Indosuez, 18 BLD (1998) 291. 13. Mr. M Moniruzzaman Khan, the learned Advocate appearing on behalf of the petitioners of Civil Revision Nos.3542 and 1322 of 1995, submits that provisions of section 7 of the Artha Rin Adalat do not put a total embargo against the filing of rev..Category: Civil Law | Date: | Hits: 171
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