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Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
.... period mentioned in section 10 of the Ain. It is not denied Justice delayed Justice denied and it also not denied Justice hurried Justice buried. To complete a number of cases within a short span of time the judge may cause grievous fault resulting in a miscarriage of justice…………………â€......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ..Category: Procedural Law | Date: | Hits: 84
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
.... carriage from Hull in the UK to Mongla in Bangladesh. The reading of the plaintiff's cargo commenced on 22-9- 1999, when the vessel arrived at the load port Hull, 10 days after her advised estimated time of arrival (ETA) and the estimated time of departure (ETD) was revised to 24-9-1999 with the ET......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ..Category: Limitation Law | Date: | Hits: 174
Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)
....cause notice. Section 20A (b) reads as follows: "Power of the Board to dissolve the executive committees of certain organisations, etc.- Notwithstanding anything contained in any other law for the time being in force, or in any, agreement, contract, memorandum or articles of association or any, o......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ..Category: Employment/Service Law | Date: | Hits: 100
Abdul Quader Farazi Vs. Chief Election CommiÂssioner, Bangladesh & others, 1998, 27 CLC (HCD)
....ry functionaries ineffective. It is rather difficult to draw a line of demarcation of the field where this power should be exercised and where should not. But from the experience it is found that sometimes statutory functionaries on the spot do not make timely report as to any disturbance during pol......r should be exercised and where should not. But from the experience it is found that sometimes statutory functionaries on the spot do not make timely report as to any disturbance during poll or large scale rigging at the time of counting of ballot papers either through coercion or from dishonest mot..Category: Election Law | Date: | Hits: 591
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....2003 provides that in order to counting the days under the provision of this Ain, only the working days of the Court shall be counted. Although, in this case we find from the chart for calculation of time as given in the writ petition that the petitioner did not minus so far it relates to non workin......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ..Category: Civil Law | Date: | Hits: 170
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
.... under Rule 7(5) of the Government Servants' (Discipline and Appeal) Rules, 1985. The petitioner received the aforesaid notice dated 26.5.96 only on 2.6.1996, that is, one day after the expiry of the time allotted for showing cause and in the circumstances the petitioner instantly on 2.6.1996 filed ......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ..Category: Labour and Industrial Law | Date: | Hits: 2706
Abbas Ali and others Vs. Sharif Hossain Chowdhury and othÂers, 2010, 39 CLC (HCD)
....tition. It appears that some of the land was given to Bangladesh Betar. We do not understand why Government did not produce any evidence or adduce any witness. Mr. T.H. Khan, learned Advocate, at the time of hearing, produced a copy of the gazette notification of 1951 but this Gazette does not refle......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ..Category: Property Law | Date: | Hits: 80
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....f the transaction which resulted in his death in cases in which the cause of that person's death comes into question is admissible in evidence being relevant whether the person was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceedi......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....ge-sheeted accused persons were put on trial before the Special Tribunal No.1, Panchagarh and charge under section 25B (2) of the Special Powers Act, 1974-was framed against all of them. 5. At the time of the trial, the prosecution examined as many as 9 (nine) witnesses to prove the case. 6. T......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
.... aid when there is a flagrant abuse by subordinate Court……………….(13) The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 247 If the complainant took time in several occasions intentionally for dilaÂtory tactics in order to harass the accused and to......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
....are claiming conflicting title over the land in question from two different sources as conÂsidered above. There is no evidence on record to show that any of the witnesses examined was present at the time of execution and registration of the sale deed in question and he saw it. Nobody statÂed that ...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds imÂmediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ..Category: Procedural Law | Date: | Hits: 111
AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
....fic criminal charge has been levelled and specifÂic case is pending the executive authority should not take recourse to preventive detention on account of the same pending criminal case. This may at times also lead to the executive excesses, leading to the haÂrassment of an individual and curtailm...... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ..Category: Criminal Law | Date: | Hits: 66
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....impugned judgments and decrees, the pre-emptee-opposite party preferÂred the instant revisional application under section 115 of the Code of Civil Procedure, 1908 and obtained the rule. 9. At the time of hearing of the Rule the learned Advocate Mr. Haroon-or-Rashid appearing on behalf of the pre......having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ..Category: Property Law | Date: | Hits: 88
....issued by respondent No. 3, Secretary vide his letter dated 10-10-02.
16. The petitioners managed to record their names in respect of the case land. As per direction of the Ministry of Land issued time to time, the Directorate of Land Records and Survey updated the maps and records of the land in...... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
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Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....ase by Commissioner Taslim Uddin Babul by murdering his own night guard deceased Panna. Further case of accused Ershad Ali Sikder is the plea of alibi that accused Ershad Ali Sikder was absent at the time of occurrence at he was away to Dhaka from Khulna for negotiating a settlement in the Muslimudd......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
.... the leaflet/pamphlet, thereby committed an offence under Article 73(3) and (4) of the Order. (v) Made, published, printed, stated and expressed communal disharmony propagating anti‑religious sentiments, thereby violating the provisions of the Constitution and of the Order. He also invoked the ...... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ..Category: Election Law | Date: | Hits: 300
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....e report and the contesting defendant appellant having never prayed for cancellation of the local inspection report and never praying for a fresh inspection the belated objection raised for the first time before this Court against Ext-13 is not at all maintainable in law, as a result of which Exhibi......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ..Category: Property Law | Date: | Hits: 132
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....bers from outside the organization concerned, preferably from organizations working on gender issues and sexual abuse.....................................(57) If a student is expelled even for the time being his/her educational career is seriously jeopardized. Such an expulsion is only permissibl...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
.... applicationshall pass ad-interim orders granting such relief as in the opinion of the District Judge are sufficient to safeguard the full claim of the Corporation against the borrower. (4) At the time of passing his orders under clause (3) the District Judge shall order notice of the application......ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ..Category: Property Law | Date: | Hits: 127
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....ame by writing a note on the diary of the complainant to which the present accused petitioners absolutely denied. Furthermore, the complainant failed to adduced the said diary before the Court at the time of hearing, moreover, the complainant even failed to make a statement what is noted in the diar......esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ..Category: Criminal Law | Date: | Hits: 102
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