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Displaying 1901-1920 of 7097 results.
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. ......t conclusion of the trial but speaks about conclusion of the proceeding. 5. In that view of the matter period upto 27‑8‑89 cannot be excluded from the proceeding of the special case. Since the law makers consciously used the word proceeding in the aforesaid section 8(a) in contradiction to th..Category: Procedural Law | Date: | Hits: 95
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
....egularity, which could be cured even at a later stage. Merely on the ground of such a defect the plaint cannot be treated as altogether invalid. In Secretary of State (6), it was also stated that the provisions of Order VI, rule 11 CPC relate to a mere matter of procedure and any mistake or commissi......t no one furnished any indemnity bond for the release of the cargo. The defendant vessel arrived at Chittagong Port on 30‑3‑96 and it is stated in the plaint that the defendant Nos.1 and 3 had no lawful authority to deliver the cargo to any one without the production/surrender of the shipping do..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....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. ......ildhood of them. Trial Court after vivid discussion of the evidence on record, both oral and documentary, believed the case of the plaintiff and decreed the suit. 6. It is the settled principle of law that trial Court always has an opportunity to consider the litigation from a very close dimensio..Category: Family Law | Date: | Hits: 122
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
.... submissions of the learned Advocates, perused the numerous affidavits which have been filed in support by the various parÂties to this Rule. 10. It appears that on the relevant date there was no provision for buying a ticket and entering into concourse hall in order to go to the checking of the......ssain, and why the concerned authorities will not be directed to inquire into and take appropriate measure in order to prosecute those involved in the incident both departmentally and under the penal laws of the country. 2. Initially the five taskforce security offiÂcials, who, as it transpired,..Category: Others | Date: | Hits: 87
Rakibuddin Talukder Vs. Government of BanglaÂdesh and others, 2009, 38 CLC (HCD)
....ove his title and continuous posÂsession in the suit land more than sixty years so he is not entitled to get a decree on consideration of the adverse possession against the Government in view of the provisions laid down in section 26(2) of the Limitation Act, 1908. In support of their contentions t......separate written statement denying all the material allegations made in the plaint. 5. The case of the defendant No.1 are that the suit land was the khas land of Ex-landlords which by operation of law vested with the Government. The Government is now exercising its right of posÂsession in the su..Category: Property Law | Date: | Hits: 76
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....der Section 342 Cr.P.C. for linking of the accused appellants with the crime and thereby to enable the accused appellants to explain the circumstances appearing against them. This being the mandatory provisions of law the accused appellants have been seriously prejudiced and as such the accused appe......2 Cr.P.C. for linking of the accused appellants with the crime and thereby to enable the accused appellants to explain the circumstances appearing against them. This being the mandatory provisions of law the accused appellants have been seriously prejudiced and as such the accused appellants should ..Category: Criminal Law | Date: | Hits: 83
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
.... 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. ......erty" or 'dominion over property' of other person. But such 'entrustment with property' or 'dominion over property' may be acquired 'in any manner' as stipulated in section 405 of the Penal Code. The law markers, out of their wisdom, used the expression 'in any manner' instead of 'in a lawful manner..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....he evidence are not credible and admissible…………………………..(26) The Foreign Exchange Regulation Act, 1947 (Act No. VII of 1947), section 23 In case of any contravenÂtion of any provision of the Foreign Exchange Regulation Act etc. complaint should be filed before the Magistrat......erson duly authorized either by Government or Bangladesh Bank as required under section 23 of the Foreign Exchange Regulation Act, 1947 and that police lodged the FIR which is unauthrized and without lawful authority. It is further contended by the defence that a person is authorized to keep upto $5..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. ......007 issuing warrant of arrest (Annexure-B) in violation of Section 34 of the Artha Rin Adalat Ain, 2003 and Order XXI Rule 37 and section 56 of the Code of Civil Procedure shall not be passed without lawful authorÂity and is of no legal effect. 2. The background leading to the Rule, in short, is..Category: Civil Law | Date: | Hits: 134
Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)
....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 manage the affairs of the Waqf Estate...... Shah Waqf Estate appointing receiver till disposal of the proceeding under section 32 of the Waqf Ordinance 1962, hereinafter in brief the Ordinance, should not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders passed as to thi..Category: Trust/Waqf Law | Date: | Hits: 85
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
....ned Minister for decision in respect of sale, lease, replacement of trawlers and permission or cancellation of trial trip or for any other decisions. Such direction was made in gross violation of the provisions stipulated in section 4, 5, 8 and 11 of the Ordinance because power and authority of the ......name of the petitioner in the place of seller MM Khan and Co (Pvt) Ltd in respect of two vessels, namely, 'FVT Salsabil' and 'FV Zanjabil' (Annexure-E) shall not be declared to have been made without lawful authority and is of no legal effect and as to why the respondent No. 1 shall not be directed ..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. ......n with the criminal case. Accordingly, she contends that, since admitÂtedly the petitioner has been a fugitive from justice at the time the Rule was issued is barred from seekÂing any protection of law. Accordingly, she submits that it is liable to be discharged accordingly. 2. Pursuant to the ..Category: Procedural Law | Date: | Hits: 104
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
....in the predecessor in interest of the petitioners are different. The defenÂdants contested the suit and ultimately the trial Court after hearing the parties, considering the facts and circumstances, provision of law, evidence both oral and documentary decreed the suit in prelimiÂnary form vide Jud......essor in interest of the petitioners are different. The defenÂdants contested the suit and ultimately the trial Court after hearing the parties, considering the facts and circumstances, provision of law, evidence both oral and documentary decreed the suit in prelimiÂnary form vide Judgment and dec..Category: Procedural Law | Date: | Hits: 94
Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
.... entertainment expenditure amounting to Taka 2,14,077 and refused to set off the interest from FDR against the carry forÂward depreciation of the previous years which were allowable according to the provisions of sections 29, 30(e) and 37 of the Ordinance and rule 65 of the Income Tax Rules (herein...... the appellate order preferred second appeal before the Taxes Appellate Tribunal (the Tribunal, in short) and the Tribunal without considÂering the facts and circumstances of the case as well as the law disallowed leave pay and gratuity amounting to Taka 34,16,344, office entertainment expenditure ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....dings becomes liable to be declared as illegal. He submits that the respondents failed to make payment of compensation of the said property within the statutory period of one year, so, in view of the provisions laid down in section 12 of the Ordinance, the proÂceedings is liable to be abated. 5.......ndents Judgment April 25, 2007. Result: The Rule is made absolute. The AcquiÂsition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982), section 3 The law of acquisition gives the Deputy Commissioner the power to acquire property in the likelihood of ..Category: Property Law | Date: | Hits: 62
Abul Hasnat Bepari Vs. Md. Hasan Ali, 1987, 16 CLC (HCD)
....ings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrate, Taherpur is quashed. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 375. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.OppoÂsite-Party Judgment June 21, 1987. Result: The Rule is made absolute. If the complaint does not disclose any offence, it will be an abuse of the process of law...................................(7) Lawyers Involved: Nasiruddin Chowdhury, Advocate-For..Category: Civil Law | Date: | Hits: 144
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....ed in Title Suit No.464 of 1985 is a nullity. 18. The High Court Division came to a finding that after the ex-parte, decree RAJUK did not take any step for setting it aside before the Court as per provision of law and that RAJUK failed to prefer an application under Order IX Rule 13 of the Code o......K as proforma defendant thereof is a nullity. 2. As per section 44 of the Acquisition and Requisition of Immovable Property Ordinance, 1982, any suit challenging the acquisition of lands barred by law and since the suit land was acquired on 16-6-1988 the suit stood barred by law at least from 16-..Category: Property Law | Date: | Hits: 104
Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)
....er, submits that the Informant being a Sub-Inspector of Police had no authority to make any search, seizure or to arrest the accused-petitioner in connection with an offence under the said Ain as per provisions of sections 36 and 41 thereof and as such the continuation of the proceedings is nothing ......osite Party Judgment August 28, 2008. Result: The Rule is discharged. A Sub-Inspector of Police or an Officer above has inherent power to investigate into an offence in accordance with law and he has also been specially empowered by section 36(1) of the Madak Drabya Niantran Ain to se..Category: Criminal Law | Date: | Hits: 90
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....dalat after hearing the parties rejected the said application by the impugned order dated 10-2-2004 on the ground that the petitioner did not deposit 25% of the decretal amount in accordance with the provision of section 32(2) of the Artha Rin Adalat Ain, 2003 (shortly stated as the Ain) and so the ......sed by the petitioner and not by Judgment-debtor No.2 Mahbub Hossain Khan, husband of the petitioner. So, inclusion of the flats of the petitioner who is not a Judgment-debtor or guarantor is without lawful authority. The petitioner came to know from the auction sale notice published in the daily ne..Category: Civil Law | Date: | Hits: 136
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....arty filed petition against the accused petitioner under section 138 of the Negotiable Instrument act. It appears from the evidence on record that the opposite party No.2 Arshadul Shafi complying the provision of law filed this case under section 138 of the Negotiable Instrument Act. 12. We find ......ly. Thereafter opposite party No.2 the deposed cheque on 08.08.2007 for encashment but the cheque was dishonoured as the fund was insufficient. Then he served a legal notice on 03.09.2007 through his lawyer requesting for the payment of the money and accused petitioner after receiving the notice did..Category: Criminal Law | Date: | Hits: 107
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