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Category: Others | Date: | Hits: 103
Md. Shawkat Ali Vs. Director General and others, 2010, 39 CLC (HCD)
....salaries from the month of May, 2005 as shown in the Monthly pay Order of May, 2005 and onward. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 303. ......salaries from the month of May, 2005 as shown in the Monthly pay Order of May, 2005 and onward. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 303. ......salaries from the month of May, 2005 as shown in the Monthly pay Order of May, 2005 and onward. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 303. ..Category: Employment/Service Law | Date: | Hits: 119
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
.... receiving the balance money and registering kabala which was refused by them, then the plaintiff sent his father to the defendants for the purpose who was also refused and that the plaintiff paid in total Tk. 10,000/- out of Taka 15,000/- of consideration money and he is in possession of the suit l......as such rightly allowed the appeal. The learned Advocate further submitted that the finding of fact as arrived at by the learned appellate Court, being based on material on record is final and in the absence of any misreading or non consideration of the material evidence, the learned appellate Court......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ..Category: Property Law | Date: | Hits: 103
Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ......case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ......ievances arising out of a Government decision as to selection of a site for construction of a new Union Parishad Office-cum-Community Centre can not be examined in a summary proceeding under the writ jurisdiction. Similarly, the Government decision to select a site for a local body on the resolution..Category: Administrative Law | Date: | Hits: 261
Haji Azizur RahÂman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur RahÂman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ......r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur RahÂman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ......sent Rule. 6. In the application a ground has been taken as Ground No.1 to the effect that the learned Assistant Sessions Judge deemed to have been appointed as an Additional Sessions Judge had no jurisdiction to hear the Motion under section 436 of the Code of Criminal Procedure. We have already..Category: Procedural Law | Date: | Hits: 78
Advocate SM Zafor Sadik Vs. Md. Kamruzzaman and another, 2009, 38 CLC (HCD)
.... contempt Rule against them. We only pray for their salvation. With these observations, this petition for contempt is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 737. ...... contempt Rule against them. We only pray for their salvation. With these observations, this petition for contempt is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 737. ...... contempt Rule against them. We only pray for their salvation. With these observations, this petition for contempt is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 737. ..Category: Civil Law | Date: | Hits: 112
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......lness but the prosecution filed hazira of some witnesses. An application with media cer0tificate on behalf of the accused was however filed in the Court on the said date explaining the reason for his absence and praying for some time on the ground of such illness, but that application was rejected b......to Law Lexicon of British India by PR Aiyar (1940) at page 9, the meaning of the word 'abscond' has been given as follows: "Abscond: to bide, to withdraw: to depart clandestinely. To go out of the jurisdiction of the Courts or to conceal oneself to avoid legal process. In the Code of Criminal ..Category: Criminal Law | Date: | Hits: 110
Yunus Molla (Md.) Vs. State, 1995, 24 CLC (HCD)
....Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......accused persons. Since then accused persons did not appear within two years and on 27‑8‑89 accused‑petitioner appeared and obtained bail. Thereafter on 17‑9‑89 case was adjourned due to the absence of the Special Judge on leave. Thereafter on 7‑1‑90 petitioner was absent and prayed for......Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ..Category: Procedural Law | Date: | Hits: 95
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
....an amendment of the plaint is allowed the amendment will relate back to the date of the institution of the suit. But the Court will be reluctant to allow such amendment which would have the effect of totally altering the nature of the suit or would take away a legal right accrued to the defendant by...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ......s not an interlocutory order………………………………(34) The Admiralty Act, 1861, section 6 In a pure and simple suit for the realisation of the money by an unpaid vendor, admiralty jurisdiction cannot be invoked. To attract admiralty jurisdiction conditions as laid down in section..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....aw but also the evidence on record both oral and documentary and he has invited failure of justice resulting from an error committed in his decision. The Judgment and decree of the appellate Court is totally perverse one. Thus the Judgment and decree of the appellate Court are liable to be set aside......reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ...... No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ..Category: Family Law | Date: | Hits: 122
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
....e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is disÂposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ......e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is disÂposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ......e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is disÂposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ..Category: Others | Date: | Hits: 87
Rakibuddin Talukder Vs. Government of BanglaÂdesh and others, 2009, 38 CLC (HCD)
..... Office is directed to send down the records of this case at once with a copy of Judgment for inforÂmation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ...... "High Court Division not competent to interfere with finding of facts arrived at by the lower appellate Court which is based on appreÂciation of evidence however wrong the same may appear, in the absence of error of law or procedure affecting merit of the case". This view receives support in ......ed Counsel refers the case of Dudu Mia being dead his heirs: 1(a) Md. Moyezuddin Vs. Ekram Mia Chowdhury reported in 7 MLR (AD) 7 = 54 DLR (AD) 7 wherein it has been held: "Appellate Court has the jurisdiction to decide the issues of fact and law in under perÂspective than that of the trial Cour..Category: Property Law | Date: | Hits: 76
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
.....1996 at about 5:00 p.m. sold an ox for a sum of Tk.14,700/-only to one Hazi Md. Nazimuddin of village Tarapasha, Boila and the informant had also carried with him a sum of Tk.2,300/- and thus having total amount of Tk.17,000/- they started for home and at about 9:00 p.m. while they reached at Batta......n produced at the time of trial the accused appellant has been seriously prejudiced for not proving the G.D. Entry. The forwarding of the accused appellant Shahid is not admissible in evidence in the absence of the proof of the G.D. Entry. For the aforesaid reason, we find that the prosecution miser......lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ..Category: Criminal Law | Date: | Hits: 83
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
....e petitioner collected tobacco leaves (Virginia tobacco) worth Tk. 19,39,910 and despatched the same on 21.4.2000 by 4(four) trucks as stated in his petition. In this way, the petitioner delivered in total 27,713 KGs of goods in 319 bales Virginia tobacco, from Chittagong, in the name of M/S. Antara...... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......the aforesaid deal and that he did not receive the goods etc. are all questions of fact which the parties are entitled to prove at the time of trial and these facts cannot be decided while exercising jurisdiction under section 561A of the Code. As such we do not find any merit in this rule and in..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
.... were in absconsion. 9. The defence did not examine any witness on their behalf. The defence case as could be gather from the petition under section 561A of the Code of Criminal Prosecution is the total denial. There, inter alia, case is that the proceeding was initiated in contÂravention of the......e……………….(18) The Code of Criminal Procedure, 1898 (V of 1898); section 103 The search and seizure of any matter must be conducted in presence of two independent witnesses and in the absence of independent witness the evidence are not credible and admissible……………………â......……………….Opposite Party Judgment June 22, 2011. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 561A A convict may invoke the jurisdiction of the High Court Division under section 561A of the Code of Criminal Procedure if he c..Category: Criminal Law | Date: | Hits: 109
Osarunnessa Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..Category: Civil Law | Date: | Hits: 134
Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)
....cer to reap the paddy grown by the petitioner (Mutawalli) in the land of the Waqf Estate and to take step for preservation thereof till disposal of the proceeding under section 32 of the Ordinance is totally without jurisdiction in that there is no provision in the Ordinance authorising the Administ...... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ......espondent No.1 made on 28‑11‑1989 moved this Court and obtained the Rule upon contending in the writ petition, inter alia, that the order made on 28‑11‑1989 by the respondent No.1 was without jurisdiction in that there is no provision in the Ordinance to appoint 3rd party as Receiver to mana..Category: Trust/Waqf Law | Date: | Hits: 85
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
....icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ......icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ......d Deputy Attorney-General made submissions as purely law point is involved in this case. 5. Mr. Mahmudul Islam, learned Advocate for the petitioner submits that the impugned Annexure- E is without jurisdiction as section 11 of the Ordinance provided that no licence shall be transferable except wi..Category: Civil Law | Date: | Hits: 124
SM Siddiqur Rahman, Advocate Vs. Anti-Corruption CommiÂssion and others, 2011, 40 CLC (HCD)
....he Rule, for, the petitioner is a fugitive from justice. In the result, the Rule is discharged. There will be no order as to cost. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 112. ......he Rule, for, the petitioner is a fugitive from justice. In the result, the Rule is discharged. There will be no order as to cost. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 112. ......ption Commission Vs. Dr. HBM Iqbal Alamgir reported in 15 BLC (AD) 45 that the Appellate Division has categorically deprecated allowing the fugitive to seek relief particularly under special original jurisdiction challenging any action of the respondent or order in connection with the criminal case...Category: Procedural Law | Date: | Hits: 104
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
.... posÂsible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ...... posÂsible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ...... posÂsible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ..Category: Procedural Law | Date: | Hits: 94