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Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
....d he has himself adjudicated as to who was more competent of the two and although under the Waqfs Ordinance he has no authority to do so.” 3. Before examining the provision of section 43 and the scope of the power of the Administrator provided therein in the matter of appointment of Mutwalli wh...... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108...Category: Trust/Waqf Law | Date: | Hits: 188
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....r quashing the proceedings under section 561A of the Code of Criminal Procedure. High Court, Rangpur Bench took the view that the decision of the Labour Court, Rajshahi was final and it is beyond the scope of the High Court to look into the legality of the said decision of the Labour Court but at th......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ..Category: Labour and Industrial Law | Date: | Hits: 177
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......gs (Control) Ordinance, 1982. On that complaint cognizance was taken by the Court vide order dated 26.2.87 in Drug Case No.3 of 1987 when on the prayer of the accused appellants they were enlarged on bail. The case was heard by Mr. M.M. Munsef Ali, Judge, Drug Court, Dhaka. At the hearing the pros..Category: Criminal Law | Date: | Hits: 83
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ..Category: Environmental Law | Date: | Hits: 1051
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....l. 13. It is further submitted that the appeal is hopelessly barred by limitation as no prayer has been made for condonation of delay under section 5 of the Limitation Act and as such there was no scope for consideration of the prayer of the petitioner by the Court below. It is also submitted tha......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118...Category: Procedural Law | Date: | Hits: 70
Shahed Reza Shamim Vs. State, 1996, 25 CLC (HCD)
....n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ...... Barisal to show cause as to why pending disposal of GR case No.467 of 1995 now pending in the Court of the learned Magistrate, 1st Class, Court No.4, Barisal the petitioner should not be enlarged on bail. 3. Brief facts relevant for disposal of this Rule are, that on 8‑12‑95 at 11‑15 hours..Category: Criminal Law | Date: | Hits: 74
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....lause 67 of the General Conditions of the Contract for arbitration but he was informed by the Executive Engineer that since the Bangladesh Water Development Board has decided the matter, there was no scope for hearing on the matter. Thereafter the petitioner sent a notice for appointment of arbitrat......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
....ical ground of being time barred without entering into merits of the case.
15. Rejection of the said application on technical defect dose not, however, affect the merit of the case as there was no scope for the Court to go into the core of the matter but leaves the petitioners without a remedy in......96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
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Category: Limitation Law | Date: | Hits: 175
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ....... 13. It will appear that even at the time of obtaining the Rule from this Court the petitioner did not appear before this Court or even stated in his application whether he was in custody or on bail. In such circumstances when we had to deal with the matter we asked the learned Advocate for th..Category: Criminal Law | Date: | Hits: 70
....r interest of Bangladesh or the public safety or the maintenance of law and order. This alternative conclusions disjunctively expressed were drawn from the same materials and so there is hardly any scope for making any distinction of essential or inessential nature of the grounds. It is to be ob......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
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Category: Criminal Law | Date: | Hits: 103
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....nly when any person after receipt of an order under section 26(1) would not file statement of assets or submit false and fraudulent statement of assets. In the commission of such offence, there is no scope of anybody to abet. Similarly, offence under section 27(1) of the ACC Act, 2004 is an aggravat......efore, the appeal succeeds. Accordingly, the impugned judgment and order of conviction and sentence is hereby set aside, the appellants are acquitted of the charge and they are also released from the bail bonds. The order of forfeiture/confiscation is also hereby set aside and the prosecution is dir..Category: Criminal Law | Date: | Hits: 108
.... was for Tk. 37,57,504/19 but the total claim now stands at Tk. 84,73,886/04. Plaintiff has also claimed interest over the sum.
9. The question is whether the claim as made in the plaint is within scope of the arbitration clause in the termination agreement. It is contained in clause (3) which ma...... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
....of his authority under sub-Rule (1) to Rule 29 slopped the poll of members only, since he had failed to count the votes of members due to a situation beyond his control, the petitioner has little scope to challenge the legality and propriety of Annexure 'C. 6. Mr. Abu Taher Chowdhury has prod......rdingly, the Rule is discharged without, however, any order as to cost. The Slay order passed on 12.7.88 hereby stands vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 215. ..Category: Election Law | Date: | Hits: 161
Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)
....he learned Subordinate Judge on 18.8.88 and by the impugned order rejected the petitioner's application on the ground that this will delay the final disposal of the suit and at this stage there is no scope of an amendment of the written statement. 6. Thereafter the defendant-petitioner obtained......the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ..Category: Property Law | Date: | Hits: 58
Shahabuddin Ahmed Vs. Upazila Election Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....hzad Gul reported in PLD 1968 Peshawar, 134, Mr. Hemayetuddin Ahmed, the learned Advocate for the opposite party No.1 and 4 on the other hand submits that in absence of any formal defect there was no scope for the learned Assistant Judge to grant the plaintiffs prayer for permission arid as such it ......tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ..Category: Election Law | Date: | Hits: 152
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. .......367/A1 of 1978 under sections 148/448/365/342/336/323 of the Penal Code and cognizance taken under sections 342/448 by the Court and on being summoned the opposite parties 1-5 and 8 were released on bail. In the meantime, an order of ad interim injunction was also obtained in the Title Suit No.82 o..Category: Criminal Law | Date: | Hits: 77
Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....hzad Gul reported in PLD 1968 Peshawar, 134. Mr. Hemayetuddin Ahmed, the learned Advocate for the opposite party No.1 and 4 on the other hand submits that in absence of any formal defect there was no scope for the learned Assistant Judge to grant the plaintiffs prayer for permission and as such it c......ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ..Category: Election Law | Date: | Hits: 206
....ounce its decision as early as possible without waiting for the Advisory Board to report its opinion to the Government regarding the question whether the detenu is being illegally detained beyond the scope of the Special Powers Act, 1974.
5. The grounds of detention in the present case are as fol......e Chief Metropolitan Magistrate, Dhaka the detenu was kept in police custody upto 2.7.88 for interrogation and investigation. The Chief Metropolitan Magistrate rejected the prayer of the detenu for bail on 7.7.88 and 10.7.88. On 6.8.88 the Sessions Judge, Dhaka passed order granting bail to the de..
Category: Criminal Law | Date: | Hits: 108
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....n reckons from the date of delivery of the judgment and not from the date of application for copy is made. Where an appeal is filed without a copy of the judgment appealed against there cannot be any scope for calculating the period of limitation and therefore, Court cannot exercise its discretionar......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495...Category: Criminal Law | Date: | Hits: 73
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....They were the most competent and natural witnesses. Without their evidence foundation of the prosecution case would have cracked. Furthermore, this Court not being a Court of appeal it has hardly any scope to sift and assess the evidence like a Court of appeal in its extraordinary jurisdiction under......able under the aforesaid section of law to which he pleaded not guilty and claimed to be tried in accordance with law. 4. Subsequent events show that the convict petitioner who was earlier granted bail by the learned Sessions Judge, Chittagong, in Criminal Miscellaneous Case No. 2281 of 1989 absc..Category: Criminal Law | Date: | Hits: 87
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