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Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)
....ue influence over the Magistrate who is presiding officer of Druta Bichar Ain Adalat Sherpur wherein the above case is under trial and the Magistrates and District Administration Sherpur will have no scope to act independently beyond the direction of said Mr. Zahid Ali Chowdhury MP and Minister in c......e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281...Category: Criminal Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
.... in order to make a sale complete consideration has to pass. Both the Courts below having concurrently found that as the plaintiff did not receive consideration for the kabala in question there is no scope of interference by this Court with the said finding of fact. Furthermore, Mr. Bashiruddin Ahme......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ..Category: Property Law | Date: | Hits: 80
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....elow it appears that this question was raised in the Courts below and both the Courts below answered the same against the plaintiffs on consideration of the evidence on record. Therefore, there is no scope to reopen the matter by this Court in exercising revisional jurisdiction. It also appears that......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468...Category: Property Law | Date: | Hits: 65
.... the proviso was not considered in the said decision.
17. In view of the clear meaning of proviso (a) to section 5(1) of Ordinance 54 of 1985 and in the context of the Ordinance itself there is no scope to attribute any other meaning of the words used therein. In the case of Government of Banglad......' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
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Category: Property Law | Date: | Hits: 81
Azam Reza Vs. State, 2004, 33 CLC (HCD)
....il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......tion 498 of the Code of Criminal Procedure at the instance of accused-petitioner Azam Reza calling upon the Deputy Commissioner, Dhaka to show cause as to why the petitioner should not be enlarged on bail in GR Case No.18 of 2004 arising out of Gulshan Police Station Case No.18(1)04 dated 10‑1‑2..Category: Criminal Law | Date: | Hits: 96
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....e Court comes to the conclusion that even if all the averments made in the plaint are taken to be true still then the plaintiff would not be entitled to any relief at all. 11. Having regard to the scope of Order 7 rule 11 CPC and settled principle of law for rejection of the plaint we are to see ......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ..Category: Property Law | Date: | Hits: 62
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
....was signed on 7-2-91 between the management and the employees’ union of the petitioner company and under Clause 19(c)(iii) of the said memorandum he is entitled to a gratuity which comes within the scope of ‘other benefit’ as contemplated in section 19(1) of the Standing Orders Act. 9. The ....... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ..Category: Labour and Industrial Law | Date: | Hits: 255
State Vs. Abul Hashem, 1997, 26 CLC (HCD)
....hat no other persons but the accused committed the crime. The evidence of the witnesses though are regarding occurrence at different places and time, but are so connected and natural that there is no scope for arguing that the evidences were concocted. 10. In 8 BLD (AD) 109 it has been held: ...... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ..Category: Criminal Law | Date: | Hits: 66
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....e application under section 151 of the Code of Civil Procedure and the supplementary affidavit by the petitioner after conclusion of the hearing of the case and he has also contended that there is no scope for entertaining such application or affidavit to determine a question of fact as to the servi......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ..Category: Property Law | Date: | Hits: 47
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....intiff opposite party is estopped from denying defendant petitioner to be the exclusive owner of the Ka schedule property as because estoppel will operate against him. For bringing a case within this scope of estoppel as defined in section 115 of Evidence Act, the person claiming the benefit must sh......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ..Category: Property Law | Date: | Hits: 74
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
.... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ...... age of the victim girl as between 15 to 16 years, but without any comment as to whether she was ravished. Thereafter the learned Magistrate on the prayer of the father of the victim girl granted her bail on 10.3.87, she then came back home with her father and disclosed the entire occurrence of kidn..Category: Criminal Law | Date: | Hits: 69
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....bunal Case No.38 of 1976 and forwarded to Bogra District Jail and that was for the first time that the petitioner came to know about the case and in the backdrop the aforesaid circumstances he had no scope to avail the alternative statutory remedy of appeal under section 30 of the Special Powers Act......ারী)” but took no step to bring him before the Court under arrest. It is stated that the petitioner voluntarily surrendered before the Magistrate, 1st Class, Bogra on 22-8-95 and prayed for bail in GR Case No. 333 of 1995 but the prayer for bail having been rejected be moved the learned Se..Category: Criminal Law | Date: | Hits: 79
State Vs. Maruf Raihan, 2011, 40 CLC (AD)
....asis of materials with the record. With the above observation and direction this criminal petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 897....... Nazmun Ara Sultana J. - State has filed this criminal petition for leave to appeal challenging the order of the High Court Division passed in Criminal Miscellaneous Case No.34188 of 2010 granting bail of the accused respondent Maruf Raihan in Shahbag Police Station Case No. 14 dated 07.09.2010 c..Category: Information Technology Law | Date: | Hits: 285
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....y in defiance of Court’s order. 30. Mr. Bhuiyan also submitted that the Courts below reaching upon correct finding that the plaintiffs have a prima facie arguable case and, as such, there was no scope of interference in this Court in exercising its jurisdiction under section 115 of the Code of ......gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ..Category: Civil Law | Date: | Hits: 85
Amjad Hossain and others Vs. State and another, 1995, 24 CLC (HCD)
....ttal because the State preferred no appeal against the judgment and order. Secondly, the judgment and order of the learned Magistrate was not preserve and as such the learned Sessions Judge had no scope for setting aside that judgment and order in revision. 5. As regards the 1st ground, the le......terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ..Category: Criminal Law | Date: | Hits: 82
....here was no provision for removing the employees by the Chief Justice of the High Court, but the Chief Justice was the authority to appoint him. In that case such a question arose as to the power and scope of appointment. The Supreme Court of India in describing the power of the appointing authority......ence by this Court.
In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 1...
Category: Employment/Service Law | Date: | Hits: 158
State Vs. Dr. AZM Zahid Hossain and another, 2012, 41 CLC (AD)
....12. Surendra Kumar Sinha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ......ant of arrest was issued against the accused-petitioner since he was absconding. 5. On the next date the accused remained absconding and on 17.05.2009 he was shown arrested and an application for bail made on behalf of accused respondent No.1 but the same was rejected. The case was transferred t..Category: Criminal Law | Date: | Hits: 92
....d that it being a well settled legal proposition that inherent power cannot be invoked while acting under specific provisions of law, the learned Judge of the High Court Division acted beyond the scope of revision in giving direction upon the trial Court to dispose of the suit after holding loca......t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 744.
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Category: Property Law | Date: | Hits: 83
Bangladesh Technical Education Board Vs. Md. Anamul Haque and others, 2010, 39 CLC (AD)
....etitioners were appointed on temporary basis and subsequently on daily basis. A Regulation was passed on 30th October, 1991 by which the appointment of permanent basis would govern, and there is no scope for regularization of the temporary employees. The writ petitioners having acquired no right w...... of the Paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 725. ..Category: Employment/Service Law | Date: | Hits: 133
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....ich are common to all contempts of Court. It is a criminal offence. It must be proved beyond reasonable doubt." Thus, the aforesaid authoritative pronouncement of Lord Denning does not provide any scope to hold that the proceeding of the present nature is not a quasi‑criminal in nature. The dec......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ..Category: Criminal Law | Date: | Hits: 90
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