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Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
.... of the Chairman so long such office remains vacant. The term "functions" as is used in that section manifests its limited connotation which arc attached only to the office of the Chairman within the scope of the Union Parishads Ordinance itself. The term "Office" in literary sense, means a place ......avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108...Category: Election Law | Date: | Hits: 92
....ent is payable" Their Lordships also held that from the use of the preposition 'in' before the expression "the contract" the intention of the legislature seems to be clear. There might have been some scope for controversy if the preposition "by" was used instead of the preposition 'in'. Their Lord......titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103...
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....e. He contended further that the courts below quoted the evidence of the O.P.W.1, pre-emptee without discussing the evidence of P.W.1 (preemptor), his witnesses has allowed the pre-emption beyond the scope of the principle of law and thereby, committed error of law which is an error in the decision ......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ..Category: Property Law | Date: | Hits: 36
State Vs. Masum and others, 2010, 39 CLC (AD)
....hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ......ion of the People's Republic of Bangladesh is directed against the judgment and order dated the 7th day of October, 2009 passed by the High Court Division in Criminal Appeal No. 3931 of 2006 granting bail to the accused-respondents challenging order dated 07.10.2009 passed by the Metropolitan Assi..Category: Criminal Law | Date: | Hits: 47
....orating on the constitutional conventions, said—
"There are multifarious rules, differing as ii might, at first sight appear, from each other not only in importance but in general character and scope. They will be found, however, on careful examination, to possess one common quality or propert......f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
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Category: Constitutional Law | Date: | Hits: 252
Md. Abdul Motalib Vs. Bangladesh, 2010, 39 CLC (AD)
....bmitted that the High Court Division omitted to notice that the impugned Memo having been issued without giving any opportunity to the petitioner of being heard and the petitioner having given no scope for defending himself, the impugned Memo is violative of principle of natural justice and it i......he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ..Category: Civil Law | Date: | Hits: 111
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....is properly brought before an appellate Court, it cannot but determine it in accordance with law. If it fails to do that it will commit an illegality. Its judgment and order will then come within the scope of revision of this Court under section 115(1) of the Code of Civil Procedure, 1908. 11. Se......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507...Category: Property Law | Date: | Hits: 37
Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)
....nderstood why the learned Magistrate to cognizance under section 138 of the Negotiable Instruments Act. As the notice was served long after 15 days from the date of dishonoring the cheque there is no scope of taking cognizance under section 138. So, the order of taking cognizance under the above sec......d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ..Category: Criminal Law | Date: | Hits: 28
Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
.... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502....... conviction and sentence passed by the learned Sessions Judge is hereby set aside. The appellants are acquitted of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR ..Category: Criminal Law | Date: | Hits: 30
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
....26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......4 passed by the learned Senior Special Tribunal, Dhaka convicting the appellant under section 4(2) of the Anti-Corruption Act (Act 26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also R..Category: Criminal Law | Date: | Hits: 83
Angur Vs. State, 1988, 17 CLC (HCD)
....e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66....... (N.R. Khan) Assistant Supdt. Of Police, C.I.D., Bangladesh, Dhaka, Camp-Mymensingh 7. On 9.12.80 the learned Assistant Sessions Judge noted in his order, (Accused (2) Jamir and Sat-tar) on bail present in Court and stand before the Court on dock. Accused Angur who is in custody is produce..Category: Criminal Law | Date: | Hits: 42
Haji Noor Nabi Mollah Vs. Ahammad Ali and others, 2010, 39 CLC (AD)
....aqf deed that in the absence of the mutwalli his heirs will look after the waqf estate and the same has been managed properly, the plaintiff filed the suit for mala fide intention, there remains no scope for appointment of receiver in the aforesaid waqf estate. The plaintiff having taken 2 (two) s......point a member of the local Bar as the receiver of the waqf estate. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 639...Category: Property Law | Date: | Hits: 27
Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)
..... The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464.......agura convicting the appellants under sections 386/387 of the Penal Code are set aside and they are acquitted of the charges levelled against them. 26. The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed..Category: Criminal Law | Date: | Hits: 28
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....y in collusion with local manager, instead of keeping the tobacco and ground nut which were more valuable than wheat, illegally kept the wheat in the godown, if at all, at least on record, beyond the scope of the sanction letter, thereby he himself apparently committed fraud on the bank. Since the l......without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458...Category: Civil Law | Date: | Hits: 79
Ferdousi Islam Vs. Nur Mohammad Kha and others, 2000, 29 CLC (HCD)
.... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418.......of Criminal Procedure and on 14-10-96 submitted charge-sheet against the accused opposite parties under sections 120B/364/34 of the Penal Code (Annexure-B). The accused persons were later released on bail. The records have thereafter been transmitted to learned Sessions Judge who fixed 17-2-98 for h..Category: Criminal Law | Date: | Hits: 33
.... and has submitted that some land of the applicants were included in the campus and, as such, the applicants should have been given a chance to represent their case. In this writ petition there is no scope of determining the question of title and, as such, we find no reason to add them as respondent......any direction in accordance with law in case of holding of any big congregation.
With the observations made above the rule is disposed of.
Ed.
This Case is also Reported in: 54 DLR (2002) 413...
Category: Property Law | Date: | Hits: 25
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405.......not be detained under preventive detention. 4. Next, Mr. Islam has submitted that there reference of three cases in the grounds of detention and in all those three cases the detenu was released on bail and in the last case which involves section 302 of the Penal Code, the detenu was granted antic..Category: Criminal Law | Date: | Hits: 60
Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)
.... the learned Deputy Attorney-General because in this case we have found that no formal order of impounding the passport of the petitioner was communicated to the petitioner and, as such, there was no scope of preferring any appeal. So, according to us, the writ petition can be maintained. In the ......ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403...Category: Others | Date: | Hits: 102
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
.... for the soap produced by them. Further, there is also no similarity between the plaintiffs Ghari and defendants Ghadi and the design, colour, etc of these are completely different and so there is no scope of any confusion among the public regarding the two products and the defendants never committe......ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394...Category: Intellectual Property Law | Date: | Hits: 200
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
.... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ...... on the basis of the confessional statement of accused-appellant No. 5 Tota and accused approver PW 3 and also on the fact of long absconding of accused Zahid Hossain alias Paltu after his release on bail which appeared to him “speaks a volume against him about his complicity of commission of the ..Category: Criminal Law | Date: | Hits: 35
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