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Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)

....receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ..

Category: Civil Law | Date: | Hits: 161

Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)

....Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ...... that the Rule should be made absolute on the ground the learned Sessions Judge committed an error in holding that there was no finding that it was a case of extreme emergency which only would confer jurisdiction upon the Magis­trate to pass an order under the proviso of sub-section (4) of section ..

Category: Criminal Law | Date: | Hits: 88

Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)

..... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ......laintiff has filed an appeal, though an order under Order 38, Rule 8 of the C.P.C. is not appealable. In the circumstances of the present cases we are, however, of the opinion that we should exercise jurisdiction under section 115 C.P.C. and interfere with the im­pugned order. The impugned order da..

Category: Procedural Law | Date: | Hits: 146

Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)

....l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ..

Category: Criminal Law | Date: | Hits: 62

Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)

....ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......ler of Food or the Sub-Divisional Controller of Food or with any carrying contractor. The re­cord shows that the case was initiated after transfer of the accused. The inves­tigation was done in his absence. There is no explanation of the accused with the records. I consider that the investigati......fter the charges have been framed and witnesses of both the sides having been examined and arguments having been heard and concluded and set down the case for Judgment by the Special Judge, he has no jurisdiction to order further inves­tigation of the case. He has next submitted that although the l..

Category: Criminal Law | Date: | Hits: 70

Juman Mia Vs. Zainab Bibi, 1983, 12 CLC (HCD)

....umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ......i Abdus Salam……………………Opposite party Judgment August 7, 1983. Result: The application is rejected. The Transfer of Property Act, 1882 (IV of 1882); section 106 In the absence of a contract to the contrary the tenant is entitled to a notice for a period equal to half ......umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ..

Category: Property Law | Date: | Hits: 73

Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)

....arty in order to escape the liability resorted to harass the peti­tioner by instituting the criminal case No.572A of 1981 under section 420 of the Penal Code alleging that two post dated cheques for total amount of Tk. 1,01,560/30 have been dishonoured payment by the peti­tioner's banker. and furt......n 420 of the Penal Code now pending in the Court of Chief Metropoli­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......n 420 of the Penal Code now pending in the Court of Chief Metropoli­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ..

Category: Criminal Law | Date: | Hits: 67

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......xplanation, was even offered in the Affidavit-in-opposition as to why the case could not be submitted to the Advisory Board and no prayer was accordingly made for the condonation of the delay. In the absence of such explanation whatsoever and prayer for condonation of delay, we are not in a position...... case of Secretary of State Vs. Mask & Co. reported in AIR 1940 (PC) 105 may be made in this connection. Their Lordships of the Privy Council held. "It is settled law that the exclusion of the jurisdiction of the Civil Court is not to be readily inferred, but that such exclusion must either b..

Category: Criminal Law | Date: | Hits: 78

Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ..

Category: Property Law | Date: | Hits: 67

Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)

....the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ......ulation which was ante-mortem and homicidal in nature. During his investigation, it was revealed that on the fateful night the wife of the accused was not in the house and taking the advantage of the absence of his wife, the accused tried to set up an illicit connection with Shahera Khatoon but with......the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ..

Category: Criminal Law | Date: | Hits: 91

Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)

....ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ......ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ......ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ..

Category: Procedural Law | Date: | Hits: 133

Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)

.... that it, means that claim is sound, On the other hand, the learned Advocate for the petitioner submits that it means that the goods were found in sound condition. From the report it appears that the total amount was assessed at Taka 22,000 by the said company main­ly for item No.1. The petitioner'...... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......d by limitation and there was cause of action for suit; (6) the questions raised by the petitioner are denied by the Bank and therefore, the dis­puted questions of facts cannot be decided in writ jurisdiction without taking evidence and the learned Judge of the Adalat on consideration of the fac..

Category: Civil Law | Date: | Hits: 176

Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)

....e petitioners if they misuse the privilege of bail in any manner whatso­ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ......e petitioners if they misuse the privilege of bail in any manner whatso­ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ......e petitioners if they misuse the privilege of bail in any manner whatso­ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ..

Category: Criminal Law | Date: | Hits: 95

Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

..... Hence, the Rule is discharged. Stay granted earlier by this Court be vacat­ed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacat­ed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......bstante clause which is to be given full force and effect. Pursuant to the same Administrative Tribunal has been established by the Parliament through Administrative Tribunal Act 1980 to exercise its jurisdiction in respect of matters relating to or arising out of the terms and conditions of service..

Category: Administrative Law | Date: | Hits: 455

Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....res of land of Mouza Merul, 1.42 acres of land of Mouza Senpara Parbata, 3.03 acres of land of Mouza Chadogan and 49.1736 acres of land of Mouza Duaripara were released on different dates. That is, a total area of 290.3509 acres of land were released from the order of requisition. Out of those lands......ntire land of plots No.15, 35, 36 and 41 and part of plot Nos.79, 84, 17 and 117 were not released from requisition since those lands were finally acquired by Gazette Notification dated 19-7-1970. In absence of any material before us that after publication of the Gazette Notification on 19-1-1970 (A......s from the places wherein their homesteads are situat­ed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ..

Category: Property Law | Date: | Hits: 89

Dr. Md. Habibullah Vs. Additional Secretary and Member (Appeal and Revision) and others, 2007, 36 CLC (HCD)

....ated 27-6-86. 7. After lapse of five years respondent No. 3, the Deputy Commissioner of Customs issued a letter dated 31-12-90 requiring the petitioner to pay turnover tax at the rate of 2% of the total turnover and submits quarterly return thereof within seven days of receipt thereof failing whi......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 704. ......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 704. ..

Category: Administrative Law | Date: | Hits: 491

Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)

....l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......of substance. Besides, it also appears that the charge of the case has not yet been framed and therefore, we do not find any valid ground for quashing the impugned proceeding by invoking our inherent jurisdiction under section 561A of the Code of Criminal Procedure as the accused petitioner still ha..

Category: Criminal Law | Date: | Hits: 81

Sylhet Pulp & Paper Mills Ltd. Vs. Chairman, Second Labour Court, Katalganj, Chittagong and others, 2006, 35 CLC (HCD)

.... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 275. ......y of exhibits. 9. In the case of Chittagong Chemical Complex Vs. Chairman Labour Court and another reported in 46 DLR (AD) 182, it has been held as under, "Before passing a judgment ex parte in absence of the second party, the employer, the Labour Court ought to have examined at least the empl...... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 275. ..

Category: Labour and Industrial Law | Date: | Hits: 190

Jiban Kumar Barman Vs. M Abdul Hye, Chairman of the Election Committee and others, 1996, 25 CLC (HCD)

....ove finding we need not enter into merit of the Rules. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ......ove finding we need not enter into merit of the Rules. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ......ove finding we need not enter into merit of the Rules. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ..

Category: Election Law | Date: | Hits: 600

Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)

....ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......ssion of the Penal Code offences on 23.8.77 from the pur­view of the Special Powers Act, 1974 by Ordinance No. XL of 1977 the Special Tribu­nal constituted under the Special Powers Act, 1974 had no jurisdiction to take cognizance of any of the omitted offences after 23.8.77 and illegally tried the..

Category: Criminal Law | Date: | Hits: 103