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Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......n of the courts is that the authority should have been constituted as required by the statute, the person proceeded against should be subject to the jurisdiction of the authority, the ground on which action is taken should be with the grounds stated by statute, and the order made should be such as c..Category: Criminal Law | Date: | Hits: 101
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ...... as such the suit is liable to be dismissed. 4. The trial Court on consideration of the evidence on record dismissed the suit on the findings that the plaintiff failed to prove when cause of action arose for filing the suit, that the suit was barred by limitation since after the institutio..Category: Property Law | Date: | Hits: 82
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
.... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ......t. A cannot be presumed to be the first original bainapatra dated 5.1.77", that the suit has been filed "within the statutory period of limitation" and that there was “cause of action for the suit". 7. As against the judgment and decree of the trial Court the defe..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ...... Hamid in collusion with the Customs Officials tried to clear the goods and thereby deceive the Government by evading Customs duty and sales tax". The Customs officials it is alleged did not take any action in spite of their knowledge about the suspected evasion of duty. 11. In A.G.R. Case No. 5..Category: Fiscal/Taxation Law | Date: | Hits: 129
Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)
....;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ...... the learned Advocate-on-Record, appearing for the petitioner, submits that the High Court Division as well as the Courts below failed to consider that the plaint itself does not disclose cause of action of the suit and the plaintiff did not demand to the defendant No.1 for getting maintena..Category: Criminal Law | Date: | Hits: 75
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ...... by filing joint written statement denying the material averments made in the plaint taking the general pleas that the suit as framed was not maintainable and the plaintiffs have no cause of action to file the suit. The case of the contesting defendants was that defendant No.1 took settlem..Category: Property Law | Date: | Hits: 35
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......uot;Malik" directly under the Government. Article 143 (c) of the Constitution is not applicable in the case of present record of rights and the circular dated 10.11.2002 is illegal and any action taken thereupon must be set aside. Lastly, he submitted that management of the pr..Category: Property Law | Date: | Hits: 67
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......it is not maintainable in its present form, suit is barred by Section 42 of the Specific Relief Act and the defendants denied the material allegations of the plaint claiming that the cause of action dated 20.11.1994 is false and the court fee paid the specific claims of the defendants are t..Category: Property Law | Date: | Hits: 27
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......mudul Islam, the learned Counsel further submitted with reference to the decision of Bangladesh Vs. Shafiuddin Ahmed reported in 50 DLR (AD) (1998) 27 that the violation of the fundamental right by action in the nature of interpretation of rules which are not by law, can be agitated before the tri..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ......statute to be to obliterate it as completely from the records of the Parliament as if it had never been passed; and it must be considered as a law that never existed except for the purpose of those actions which were commenced, prosecuted and concluded whilst it was an existing law". And in ..Category: Constitutional Law | Date: | Hits: 167
....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......eer, Roads and Highways Department, Sylhet Road Circle, Sylhet submitted a statement/report to the Additional Chief Engineer, Roads and Highways Department, Comilla Zone, Comilla for taking necessary action with his alleged recommendation vide Memo. No.5-384/880 dated 11.03.2003 that out of 5 tender..
Category: Civil Law | Date: | Hits: 212
S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)
....aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ...... the plaintiff in the original plant alleged dispossession from 7.98 acres of land which she described in schedule ‘B’ to the plaint and such dispossession was stated to be the cause of action for the suit for recovery of possession as is evident from paragraph 17 of the plaint and th..Category: Property Law | Date: | Hits: 24
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......ther security forces. These preparations of the appellants and other accuseds have relevancy with the occurrence in that they took those measures in a calculated way to bring about the premeditated action of killing. After taking all these precautions, they attacked the house of the President sit..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......Sheikh Mujibur Rahman was going to declare monarchy next day and as such troops must obey his orders as well as the orders of his officers and ordered them to take ammunition from the KOTE for the action. P.W.12 through his evidence proved that Lt. Col. Syed Farook Rahman instigated the troops w..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ......ng them by constituting an unwritten Revolutionary Command Council and ruled the country under the leadership of Khondker Mostaque Ahmed. He further stated that it was not possible for taking legal action against the killers of 15th August as the killers were being given protection by the Govern..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ......only those facts which are favourable to the party examining him and does not disclose the necessary facts which go in favour of the other side. Cross-examination in a criminal case aims at extraction of the facts which support the defence version which is very often sought to be supposed by..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......filed the suit on September 28,1983 and as such plaintiff's claim for recovery of possession is barred by limitation, that the suit filed by the plaintiff is not maintainable as there was no cause of action to file the same, that the plaintiff failed to prove his case. 7. The plaintiff went on ap..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......to effect payment of the amount already disbursed by the Sangstha along with the compensation money within 15 days. The Dockyard failed to take any step to repay the outstanding dues. The cause of action arose of 31-3-1980 and lastly, on 20-8-1982 when the legal notice was served. The Sangstha t..Category: Business or Commercial Law | Date: | Hits: 311
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......of the Pourashava Manual before the Additional District Magistrate to call for the records to secure the justice. The Additional District Magistrate directed the Upazila Nirbahi Officer to take legal action in the matter. Thereafter the Upazila Nirbahi Officer sent a letter to inform the latest posi..Category: Criminal Law | Date: | Hits: 93
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......istrict Bandarban. 10. It further appears the petitioners were regularly and repeatedly approach the Deputy Commissioner, Laxmipur and Divisional Commissioner, Chittagong to take necessary action for withdrawing the order of stay. The Deputy Commissioner, Laxmipur and Divitional Co..Category: Constitutional Law | Date: | Hits: 132
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