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Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
.... pass a final decree when the court confirms or varies the report. Here in this case the learned Assistant Judge after accepting the commissioner’s report having passed the final decree there is no scope to challenge the same by filing revisional application and the only remedy left to the petitio......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ..Category: Property Law | Date: | Hits: 32
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
.... Parliament for Bangladesh (to be known as the House of the Nation) in which subject to the provision of this Constitution, shall be vested the legislative powers of the Republic”. There is thus no scope for the Court to assume the powers and functions of the legislature ‘to step in to protect t......I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ..Category: Constitutional Law | Date: | Hits: 216
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....id Act) since the said sections do not provide any forum for the said reliefs as well as the reliefs as sought in the said Company Matter No.1 of 2008 do not come strictly within the four corners and scope of the provisions laid down in the said Sections 81, 85(3) and 396 of the said Act invoking th......r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411...Category: Company Law | Date: | Hits: 191
Hilly Housing Co-operative Society Ltd. Vs. Akhtaruzzaman Chowdhury and ors., 2001, 30 CLC (HCD)
....ble to the jurisdiction of the Court. The expression “dispute” compulsorily referable to the Registrar under section 86 of the Co-operative Society Ordinance, 1984 must have a limited meaning and scope and it is never all embracing to cover all kinds of disputes concerning a Co-operative Society......ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ..Category: Civil Law | Date: | Hits: 70
Bhola Vs. State, 2001, 30 CLC (HCD)
....s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......inst the convict appellant and three others under the aforesaid sections of law. During trial charge was framed under section 302/34 of the Penal Code. 4. It appears that the convict appellant got bail on 31‑1‑1988 from the learned Magistrate but thereafter he absconded and his bail was cance..Category: Criminal Law | Date: | Hits: 41
Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)
....under section 34 of the IRO and the respondent employees ought to have filed an application under section 15 of the Payment of Wages Act, 1936. This submission is devoid of any substance. There is no scope to file an application under section 15 of the Payment of Wages Act because the rights conferr......ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ..Category: Labour and Industrial Law | Date: | Hits: 121
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....eferring to the case of Bangladesh Agricultural University vs. Abdul Hye Bhuiyan reported in 1982 BLD (AD) 6, submits further, that even in case of ouster of jurisdiction the Courts retain an amended scope to scrutinise as to whether the ouster of jurisdiction can be attracted by the Act done or not......cellaneous Case No. 3875 of 2007. Judgment Nozrul Islam Chowdhury J.- On 29-3-2007 this application under section 498 of the Code of Criminal Procedure with a prayer for anticipatory, bail was placed before this Court in connection with GR Case No.8 of 2007 arising out of Dighalia Po..Category: Criminal Law | Date: | Hits: 50
Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)
....rt below observed that Partition Suit No. 8 of 1999 is pending before the Subordinate Judge, 1st Court, that the suit premises is also included in the schedule of the partition suit and that there is scope for deciding as to whether the defendant is a monthly tenant under the plaintiff in the partit...... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ..Category: Property Law | Date: | Hits: 37
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......Daman Bishesh Adalat, Jessore in Special Tribunal Case No. 379 of 1995 is hereby set aside and they are acquitted of the charge leveled against them. The appellant Mozam, Alek and Khorshed who are on bail are discharged from their respective bail bond. Let the appellants namely Mazid, Jamsed..Category: Criminal Law | Date: | Hits: 82
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
....ant Rule. 10. Mr. Abul Kalam Mainuddin, the learned Advocate for the petitioners, took me to the judgments of the Courts below and submitted that both the Courts below failed to appreciate the scope and application of section 6 of the Rin Salishi Ain (Act No. 15 of 1989) and erroneously decre....... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ..Category: Property Law | Date: | Hits: 34
....e, we find that the provisions of the Ordinance 1976 (Annexure-L) are found to be discriminatory and harsh in comparison with the provisions of PRB and in the absence of its guideline there is a wide scope on the part of the authority to exercise the same arbitrarily enabling it to do injustice.
......ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258...
Category: Employment/Service Law | Date: | Hits: 67
Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ...... contacted with the accused petitioner who flatly refused to pay the money, 3. The complainant was examined and usual notices were issued. The accused petitioner appeared and was enlarged on bail. The learned Judge on getting, the case record, on transfer, for trial, enlarged the accused pe..Category: Criminal Law | Date: | Hits: 50
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
....ing decisions on the subject. Accordingly, we requested the learned Attorney-General to address this Court on the above point. 9. The learned Attorney-General has extraneously argued the tenor and scope of section 494, Cr.P.C. The learned Attorney-General submits that while it cannot be said that......ed to facilitate ultimately in release of the accused from judicial custody so as to meet the demand of the abductor. The arrangement was that once TADA charges were withdrawn, the accused would move bail application in cases of offences under the Penal Code. 19. SP Bharucha J, observed "the Cour..Category: Criminal Law | Date: | Hits: 43
Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)
....alified for contesting the election as members during the 7th Parliament Election held on 12-6-1996. But since the 7th Parliament has now been dissolved in the evening of 13th July, 2001, there is no scope for making the Rules in both writ petitions absolute. In other words, the Rules in both the wr......ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42...Category: Administrative Law | Date: | Hits: 356
Sultan Ahmed Vs. Golam Mostafa alias Dulal and Others, 1987, 16 CLC (HCD)
....agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85....... of the charge, if any. On 15.5.86 the learned Magistrate framed the charge against the accused opposite-party and fixed 27.5.85 for witnesses from prosecution side. On 27.5.85 the accused who was on bail was absent and no step was taken by the defence. The learned Magistrate issued warrant of arres..Category: Criminal Law | Date: | Hits: 26
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....m enforcing it. The trial court granted it which was reversed by the High Court. On appeal the Supreme Court of India having quoted with approval a passage from Halsbury's laws of England as to the scope of irrevocable letter of credit and other decision of the Queen Bench Division in the case of ......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
.... 1/2 hours of the occurrence. It is mentioned in the first information report that he recognized appellant Dablu by electric light. The first information report was lodged with promptitude leaving no scope for consultation and deliberation till to its lodging and as such it can be read in corroborat......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...Category: Criminal Law | Date: | Hits: 61
.... shopping etc. We find no objection against the prayer, either from the plaintiff or the defendant Nos. 1 and 2.
21. Dr Zahir, in reply, submits that if the plaint is read as a whole, there was no scope to deny that the suit was instituted challenging the existence of the arbitration agreement an......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17...
Category: Civil Law | Date: | Hits: 101
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
.... decree was not drawn the party may be allowed the saham. 10. In reply, Mr. Mahmudul Islam, learned Senior Advocate, appeared on behalf of the opposite party Nos. 1 and 3, submits that there is no scope for amendment at the stage of the suit where preliminary decree was already drawn. Left out cl......oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ..Category: Property Law | Date: | Hits: 34
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....nal Ain, 2002, in short the Ain, and the Notification are violative of fundamental rights guaranteed under Articles 27,31,32 and 35 of the Constitution and that sections 5 and 6 of the Ain have given scope to pick and choose any person and that the impugned Notification in question is arbitrary, dis......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ..Category: Criminal Law | Date: | Hits: 50
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