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Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)
....eby set aside. We direct that the appellants be set at liberty forthwith if not wanted in connection with any other matter. Ed. This Case is also Reported in: 24 DLR (HCD) (1972)103 ......ime of the occurrence and saw the same. This being the position the defence suggestion that he was not at all present at his house on the day of the occurrence and that he went to visit his father-in-law's house cannot be altogether ruled out as baseless. Therefore, we find it difficult to place..Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50
....ith the aforesaid discussions and observations, this Rule is disposed of.
However, there will be no order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 130
......hy the inaction/failure of the respondents to remove the Notice/Signboard put up on the road leading to "Sultanshi Abasik Area" Hobigonj Sadar, Hobigonj should not be declared to be without lawful authority and of no legal effect and further to show cause as to why the respondents should n..
Category: Property Law | Date: | Hits: 0
....ted the writ petition by filing an affidavit-in-opposition supporting the impugned notices issued by the IACT contending, inter-alia, that non-selection of a return for audit does not mean that other provisions of the Ordinance will not be applicable, if necessary; that, in the instant case, the IAC......s of the return. Therefore, it cannot be said that the IACT has no jurisdiction to pass any order under section 120 of the Ordinance….. (14 &15)
it is a settled principle of law that the IACT may invoke his jurisdiction under section 120 of the Ordinance only wher..
Category: Fiscal/Taxation Law | Date: | Hits: 0
Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
....justice. 10. Mr. Mokhlesur Rahman, the learned Advocate finally submits that the Court of appeal below rightly ignored the sole finding of the trial Court inasmuch as under the provision of Section 359 of the Mohammedan Law and Section 27 of the Guardian and ......ghters, (2) the plaintiff adduced one witness namely P.W.2, Nayeb Ali to prove bainapatro which was not sufficient evidence to prove the bainapatro (Ext.1) in question was executed in accordance with law. 7. Being aggrieved by the judgment and decree dated 24.8.2009 (decree signed on 30.8.2009)..Category: Evidence Law | Date: | Hits: 6
Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....ase and the instant appeal is directed against that judgment and order dated 28.5.2005. 14. Mr. Golam Arshed, the learned Advocate upon referring to the provisions of Order 43 Rule 1 of the Code of Civil Procedure submits that it is apparent from the re....... 9. Mr. Golam Arshed, the learned Advocate appearing for the appellant submits that the Court of Appeal below without applying its judicial mind into the facts and circumstances of the case and law bearing on the subject most illegally rejected the Misc. Case under Order 41 Rule 19 of the Code..Category: Civil Law, Procedural Law | Date: | Hits: 2
AKM Fazlul Haq and anothers Vs. People’s Republic of Bangladesh and others, 2010, 39 CLC (HCD)
....ng as Lecturers of different subjects in different recognized Decree Colleges within the districts of Jessore and Satkhira, having been appointed in their respective posts in accordance with the provision of Regulation 5 of the Service Regulation of the Teachers of Private Decree College, 1994.......aced in the same class or category are to be treated equally and cannot be discriminated merely on the ground of their placement and service in other departments. This is the well settled position of law, having been confirmed through several pronouncement of the apex Court. Consequently, any deviat..Category: Administrative Law, Employment/Service Law | Date: | Hits: 5
Rai Kishori Saha Vs. Md. Motaleb Ali and Others, 1892, 11 CLC (HCD)
....t further says that any interest devolving on a Hindu widow shall be the limited interest, but she shall have the same right of claiming a partition as a main owner. 3. Considering the aforesaid provisions of Sub-Section 1 and 3 of Section 3 of the Hindu. Womens rights to the Property......he State Acquisition and Tenancy Act is restored. This Rule is, therefore, made absolute without any Order as to cost. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)178 ..Category: Property Law | Date: | Hits: 3
Moklesur Rahman & others Vs. State & others, 1983, 12 CLC (HCD)
....was absconding, the learned Additional Sessions Judge by his order No.15 dated 8-11-82 directed the Bench Assistant to take steps for publication of notice in respect of the absconding accused as per provision of law as laid down in section 339B of the Code of Criminal Procedure. 4. T......g, the learned Additional Sessions Judge by his order No.15 dated 8-11-82 directed the Bench Assistant to take steps for publication of notice in respect of the absconding accused as per provision of law as laid down in section 339B of the Code of Criminal Procedure. 4. Thereafter on ..Category: Criminal Law, Procedural Law | Date: | Hits: 1
....re the petitioners may hereafter seek their remedy.
6. The learned Advocate for the petitioners submitted that the controversy raised in this present case concerns more with the violation of the provisions of law contained in sections 33-36 of the Chittagong Port Trust Act, 1914 than ......ners may hereafter seek their remedy.
6. The learned Advocate for the petitioners submitted that the controversy raised in this present case concerns more with the violation of the provisions of law contained in sections 33-36 of the Chittagong Port Trust Act, 1914 than the violation ..
Category: Administrative Law | Date: | Hits: 1
M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)
....r the management and operation of Helal Jute Press at Daulatpur, Khulna and Rangpur Jute Press at Alamnagar, Rangpur, is under challenge in this writ petition (Annexure 'X'). According to the provision of the aforesaid Acting President's Order dated 26th December, 1971, the Ministry of C......2.71 was specifically repealed and all notifications issued there-under were specifically saved. As we have noted earlier, by President's Order No.16 of 1972 issued on 28. 2. 72, a more elaborate law was provided not only for the control and management of the abandoned properties but also for th..Category: Abandoned Properties Law | Date: | Hits: 7
....s also admitted as an Associate Member of the Royal Commonwealth Society for the Blind. After the emergence of Bangladesh, the Society was registered on 2-6-73 as a Voluntary Welfare Agency under the provisions of the aforesaid Ordinance.
3. The petitioner was elected as Chairman of the Board o......r suspending the existing (Governing Body of the Society. A Rule Nisi was issued calling upon the respondent to show cause why the aforesaid order should not be declared to have been made without any lawful authority and is of no legal effect. Pending the disposal of the Rule, the Care Taker Body, w..
Category: Constitutional Law | Date: | Hits: 2
Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)
....rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423 ......mned cell to the cell meant for other convicts of like nature. Let a copy of the judgment be forwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423 ..Category: Criminal Law | Date: | Hits: 2
Abdul Mukid (Md.) Vs. Artha Rin Adalat, Khulna and another, 2013, 42 CLC (HCD)
....order passed or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014)2 11, 33 BLD (HCD) (2013) 296. ......ip;Respondents Judgment April 21, 2013 Result: The Rule is made absolute. Acquirement of jurisdiction of Court A court acquires jurisdiction only from the statute or the law which has constituted the court and no parties to any litigation can confer such jurisdiction on..Category: Others | Date: | Hits: 3
SM Sirajul Islam Vs. Janata Bank WAPDA Branch, 2013, 42 CLC (HCD)
....ha Rin Adalat Ain (VIII of 2003), 2003; Section 5 (10) Transfer of the Artha Rin Cases- Section 24 of the Code of Civil Procedure cannot transfer the case of Artha Rin Adalat violating the provision of section 5(10) of the Artha Rin Adalat Ain, 2003, wherein it has been specifically provi......Adalat Ain, 2003, wherein it has been specifically provided that the Artha Rin Adalat's case should be tried by the learned District Judge under the authority of the said Ain and not by any other law. There is a specific provision for Transfer of the Artha Rin case since the Artha Rin Adala..Category: Banking Law, Civil Law | Date: | Hits: 3
Chairman, Power Development Board & Others, 1980, 9 CLC (AD)
....h Court and the Labour Court are set aside and the applications under section 34 are dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 59 ......2, 1980. Result: All the appeals are allowed. Section 34 is not meant for establishment of any right, but it provides for enforcement of any existing right guranteed or secured by law, award or settlement. (7) Lawyers Involved: Serajul Huq and Amir Hossain, Advocates, i..Category: Labour and Industrial Law | Date: | Hits: 1
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
.... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107. ......is to prove the truth of those statements there should be no objection in receiving then. Indeed the Privy council observed in the case of Subramoniam Vs. Public prosecutor (1) quoted in Barker's law of Evidence, 11th Editor, page 592:- "Evidence of a statement made to a witness by a person..Category: Criminal Law, Evidence Law | Date: | Hits: 2
Babul Robin de' Rozario Vs. Elizabeth R Das another, 2014, 43 CLC (AD)
.... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ......2 passed by the High Court Division in Criminal Revision No.150 of 2011 is set-aside. 7. The case is sent back on remand to the court of appeal below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Cas..Category: Criminal Law | Date: | Hits: 5
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....ed in the case of Abu Taher and others Vs. Mst. Razia Begum and another, reported in 37 D.L.R 18 that the Assistant Sessions Judge deemed to have been appointed as Additional Sessions Judge under the provision to sub-section (3) of Section 9 of the Code of Criminal Procedure has all the powers of Ad......Rahman filed a petition of complaint in the Court of the Upazilla Magistrate, Fatikchari, Chittagong alleging that on 16.12.82 the accused petitioners being armed with deadly weapons formed an unlawful assembly along with other unknown persons, criminally trespassed into the complaina..Category: Criminal Law | Date: | Hits: 1
Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)
....and rejected the prayer for revival of the case. Hence this Rule. 4. The learned advocate for the petitioner has frankly expressed his difficulty in pressing the Rule in view of the amended provisions of the Code of Criminal Procedure providing for time limit in disposing criminal cases. T......s stated in the petition. The petition was taken up for consideration on 24.9.84. It appears that the A.P.P. submitted that there was no bar in proceeding further in the case and cited some case laws with reference to section 249 Cr.P.C. The Additional Sessions Judge, however, apparently disagr..Category: Criminal Law | Date: | Hits: 1
....disputed deed by Kafiran Nessa. Further, it appears from the evidence of D.W.6 that the LTI of plaintiff was obtained in the impugned deed at village Doash as it appears from the LTI Register. So the provision as laid in section 31 of Registration Act was not complied with and as such the registrati......enied to have executed the deed of Hiba‑bil‑Ewaj on receipt of piece of Holy Quran. Nowhere from her evidence it transpires that the disputed deed was read over or explained to her. Father‑in‑law of defendant No.1 who figures as attesting witness in the deed of Hiba‑bil‑Ewaj did not depo..
Category: Evidence Law | Date: | Hits: 7
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