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Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......d from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361....... the Penal Code. He next submits that the accused petitioner has been charge sheeted by the A.C.C and the case is virtually a bundle of facts which are to be proved before the trial Court by adducing evidence. Accordingly, the learned advocate for the ACC submits that the interference under section ..Category: Administrative Law | Date: | Hits: 173
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......ivision (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J FRM Nazmul Ahasan J Noor Alam …………………Appellant Vs. Sonali Bank and others…………………Plaintiff respondents Judgment January 5, 2011. Result: The appeal is allowed. Case Refe......cuments to prove their respective cases. 5. The learned Subordinate Judge and Additional Artha Rin Adalat No.1 heard the learned Advocates of both the sides and ultimately, on consideration of the evidences and other materials on record arrived at a finding that the plaintiff-bank is entitled to ..Category: Procedural Law | Date: | Hits: 107
Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)
....irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342....... once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342.......ses on each side and the petitioner adduced rent receipts and the Money Order receipts which were marked as exhibits. 5. The House Rent Controller, Narayanganj hearing the parties and perusing the evidence on record by his judgment and order dated 1.3.2006 rejected the case holding that since the..Category: Property Law | Date: | Hits: 105
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......s held : “This Court would be far exceeding its proper functions if it were to assume jurisdiction to enforce performance by public bodies of all their statutory duties without requiring clear evidence that a person who sought its interference had a legal right to insist upon its performa..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......ter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......illegality in lodging the FIR submitting charge sheet and taking of cognizance the prosecution should be given chance to prove the charge against the accused petitioner in course of trial by adducing evidence Mr. Khan referred decision reported in 60 DLR (AD) 1, Abdul Huque Vs. State, wherein it has..Category: Criminal Law | Date: | Hits: 126
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......e even. In this view of the matter, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......ion 26 of the Employment of Labour (Standing Orders) Act, 1965. As to the contention of Mr. Abdul Momen Chowdhury on the merits of the case it appears that the learned Labour Court considered the evidence on record and observed that in the said case already the Manager of the employer was conv..Category: Labour and Industrial Law | Date: | Hits: 177
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....e, if any, for vindication of his right, if so advised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......ents made in the Writ Petition and the supplementary affidavit and the affidavit-in-opposition filed by the respondent No.1 it appears that the matters are controversial and need determination by evidence. 6. As to the disputed question of fact it is now well-settled that a proceeding in a wr..Category: Election Law | Date: | Hits: 171
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......ppellants' pharmacy and he purchased those on good faith believing those to be-good medicine. 5. The Court after recording the deposition of the witnesses and after considering other documentary evidence on record, such as the report of the analyst, came to a finding that the prosecution had ..Category: Criminal Law | Date: | Hits: 83
Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)
....scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ...... Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ......suit land and he has been illegally dispossessed by the defendant. The defendants also assert that the plaintiffs land is 200 yards away from the land of the defendant. This is really a matter of evidence and the trial Court will decide that in pursuance of the evidence both oral and documentary..Category: Procedural Law | Date: | Hits: 82
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......neer shall, on the day appointed for the hearing, or on any subsequent day to which the hearing may be adjourned, hold an enquiry and hear the objections of any persons who may appear, recording such evidence as may be necessary.” 38. Section 27 runs thus: “27. Wherever, in the course of p..Category: Environmental Law | Date: | Hits: 1051
Syed Abdul Mannan and others Vs. Md. Mujahar Ali Mridha and others, 1997, 26 CLC (HCD)
....hereby vacated. In the facts and circumstances of the case there will be no order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 81. ......own the LC Records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 81. ......that the Solenama is a genuine one and also asserted that Kabala of Sayedunnessa is collusive, fraudulent and without consideration and it was never acted upon. 3. The trial Court on review of the evidence dismissed the suit vide its judgment and decree dated 31-3-90 and being aggrieved by the af..Category: Procedural Law | Date: | Hits: 72
State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)
....ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......e and in support of Jail Appeal submitted that there was no eye-witness of the occurrence and, as such, conviction of the condemned prisoner was illegal. He further submitted that even if prosecution evidence is relied on even then death sentence cannot be awarded to him as there is evidence of quar..Category: Criminal Law | Date: | Hits: 72
Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)
....ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......tioners Vs. Md. Nazrul Islam & another……………………Opposite Parties Judgment August 6, 1997. Result: The Rule is discharged. Lawyers Involved: Khondker Mahbubuddin Ahmed with Anowarul Azim Khair, Advocates - For the Petitioner. Md. Azizul Hoque, Advocate - F......urt the learned Judge rightly disbelieved her and accepted the testimony of D.W.1 Serajul Islam as regards payment of rent for the months of April to July, 1989. 6. By threadbare discussion of the evidence and by considering the material on record, the trial Court disbelieved the plaintiff’s ca..Category: Property Law | Date: | Hits: 64
GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)
....6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122......., 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122.......nd on his instituting a cross-cause for the damage sustained by him in respect of the same collision, direct that the principal cause and the cross‑cause be heard at the same time and upon the same evidence, and if in the principal cause the ship of the defendant has been arrested or security give..Category: Admiralty Law or Maritime Law | Date: | Hits: 353
Mohsin Hossain (Md.) Vs. Government of the People's Republic of Bangladesh, 1996, 25 CLC (HCD)
.... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ......clared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ...... in connection with investigation of a criminal case. Under clause (1) of sub-section (1) of section 4 of the said Code investigation includes all the proceedings under the Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised ..Category: Criminal Law | Date: | Hits: 60
....96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......tate, Khulua in the “Kha” list of the abandoned buildings, published in the Bangladesh Gazette (Extraordinary)dated 23-9-96 under the heading ‘Khulna District’ serial No.226 page 9764 (32) as evidenced by Annexure ‘F’ to the petition moved in Court today should not be declared to have be..
Category: Limitation Law | Date: | Hits: 175
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......opolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......ged by the higher Courts in any circumstances. In the instant case, it appears that the Labour Court issued summons against the accused petitioners on the materials disclosed by the complaint and the evidence recorded. In the circumstances, the petitioner ought to have appeared in that Court before ..Category: Criminal Law | Date: | Hits: 70
Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)
....t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......d appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ...... assailant of deceased Nasiruddin. He further submits that there, is no eye witness to the occurrence of the alleged murder of Nasiruddin. He also submits that the case rests solely on circumstantial evidence which is not only weak rather there is a missing link in the chain of circumstances and vir..Category: Criminal Law | Date: | Hits: 56
Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)
....hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......Omar Farook, Advocate‑For the Party Nos. 10, 11 and 12. Civil Revision No.5695 of 1991(Dhaka) Civil Revision No.136 of 1990 (Chittagong) Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the plaintiff-petitioners is against judgment and decree dated 12-5-1990 passed by the S......nd payment of ad valorem Court fees by the plaintiffs it cannot be doubted that plaintiff’s suit was for declaration of title and partition. 14. Court of appeal below did not at all consider the evidence, both oral and documentary, adduced by the parties and considered by the trial Court. Thus ..Category: Civil Law | Date: | Hits: 86
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
....s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ...... the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ......ated that as he secured 2456 votes the second highest votes on declaration of the election of opposite party No.1 void he should be declared elected. 4. The Tribunal on contest on considering the evidence on record dismissed the election petition holding opposite party Nos.1 and 2 were not disqu..Category: Election Law | Date: | Hits: 148
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