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Displaying 1941-1960 of 6947 results.

Salam Mollick (Md.) Vs. State, 1996, 25 CLC (HCD)

.... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ......the Dowry Prohibition Act, 1980 and ultimately charge was also framed on 3‑10‑91 under the same section. 4. The ground taken in this Rule is, that no offence was committed by the petitioner in view of the definition of the word "Dowry" given in section 2 of the Dowry Prohibition Act, 1980. It..

Category: Procedural Law | Date: | Hits: 120

Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)

....f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ....... Sharif and others Vs. Md. Baharuddin Chowdhury and the Statereported in 30 DLR 344 and the ruling reported in 29 DLR (SC) 256 were referred to and the learned Additional Sessions Judge accepted the view expressed in 30 DLR 344 under the misconception that the decision is binding on him. The learne..

Category: Criminal Law | Date: | Hits: 138

Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)

.... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......ly, he submitted that the order was malafidely passed as the D.W.2 admitted that they had no allegation as against the principal. (iv) Fourthly, he submitted that the suit was not premature one in view of the fact that the suspension was made without complying with the requirement of law. 9. M..

Category: Employment/Service Law | Date: | Hits: 118

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......C 1655 the same Clause twelfth of section 21 again appeared for interpretation. In similar circumstances, the Supreme Court of India came, relying upon its earlier decision, to the conclusion, "In view of this decision, therefore, we need not go to the other authorities on the subject. Even so, w..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)

....udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......be transferred to Druta Bichar Tribunal for trial. In 55 DLR it has also been held that under Article 35 of the Constitution Government is compelled to dispose of cases speedily. It is our considered view that the cases which, in fact, shock the conscience of the nation, those sensational cases shou..

Category: Procedural Law | Date: | Hits: 84

Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)

....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......hipping Corporation and on its undertaking, inter alia, that it would not rely on the time bar in the suit to be commenced in Bangladesh. He argued that 'limitation' cannot be pleaded as a defense in view of the undertaking of the BSC as incorporated in the order of the Singapore High Court. Mr. Sob..

Category: Limitation Law | Date: | Hits: 174

Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)

....ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......of the organisation and to appoint and ad‑hoc executive committee in its place. In that case only the respondents could exercise its power under the aforesaid provision of law but in our considered view since there are certain allegations hidden, the executive committee does not act properly or ac..

Category: Employment/Service Law | Date: | Hits: 100

Abdul Quader Farazi Vs. Chief Election Commi­ssioner, Bangladesh & others, 1998, 27 CLC (HCD)

....s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ...... 99% of the votes went in favour of only one candidate and this position prima facie indicated rigging resulting into directing fresh polling in that centre. The High Court Division however, took the view that the result was not impossible and that the election commission's interference was uncalled..

Category: Election Law | Date: | Hits: 591

FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)

....cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......approached this Court and obtained the present Rule. 4. Mr. Md. Asrarul Hoque, the learned Advocate appearing for the petitioner submits that execution case is barred by limitation, inasmuch as in view of the provision of sub-section (1) of section 28 of the Artha Rin Adalat Ain, 2003 (hereinafte..

Category: Civil Law | Date: | Hits: 170

Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)

....is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ...... Rahman (as his Lordship then was) observed in clear terms: "That the selfsame property cannot be the subject matter of both writ petitions and the pending suits and appeal between the parties. In view of the pendency of the civil suit and appeal, the writ petition is not maintainable." Fortif..

Category: Property Law | Date: | Hits: 107

Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)

....ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......d Appeal) Rules, 1985 to the employees of the Respondent No.1 Mr. Subrata Saha, the learned Advocate appearing for the petitioner conceding the submission of Mr. Khalilur Rahman has submitted that in view of the decision of the Appellate Division given in Civil Petition for Leave to Appeal No.367 of..

Category: Labour and Industrial Law | Date: | Hits: 2706

Abbas Ali and others Vs. Sharif Hossain Chowdhury and oth­ers, 2010, 39 CLC (HCD)

....cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......eds are binding upon the plaintiffs, whether the khatians prepared wrongly, whether it was binding upon the plaintiffs and whether the plaintiffs entitled to decree of title. 16. In our considered view the learned Judge did not pass any decree in favour of the plaintiffs declaring title, learned ..

Category: Property Law | Date: | Hits: 80

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 54. ......ing on dock. Some are acquitted by Court of first instance and some by the appellate Court. It becomes difficult on the part of the Court to sift grain from the chaff. Under such circumstances and in view of prevalent Criminal Jurisprudential System, the doctrine of presumption of innocence in favor..

Category: Criminal Law | Date: | Hits: 85

Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)

....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......ার করা হয়েছিল তদন্তকালে ঐ সম্পর্কে আমি কোন তথ্য পেয়েছি মর্মে দেখছি না।” 23. In view of the above, evidence available on record it is very difficult to hold that the prosecution ha..

Category: Criminal Law | Date: | Hits: 84

Md. Ismail Vs. State, 2012, 41 CLC (HCD)

....ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......quash any pro­ceeding, judgment or to set aside decision of any Court/Tribunal subordinate to it. But this power must be exercised very sparingly, cautiously and only in exceptional cases keeping in view the facts and cir­cumstances of each and every case. The inherent power which is in the nature..

Category: Procedural Law | Date: | Hits: 94

Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)

.... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds im­mediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......actual owner of the land in question, can be decided by a competent civil Court. Further, whether this Rai Charan, son of Ram Kumar, is a fictitious person is also to be de­cided by a civil Court in view of the fact that the al­leged fictitious man himself appeared before the Court and swore an af..

Category: Procedural Law | Date: | Hits: 111

Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)

....having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......fore, the question of allowing the said Parcha being No.1(DP) as an additional evidence and to remand the instant pre-emption case to the trial Court on such ground does not arise at all. 30. This view has the support from the decision made by their lordship in the privy council in the case of Pa..

Category: Property Law | Date: | Hits: 88

Romisa Khanam Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

.... of respondent No. 2 presented under Rule 31 Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 18. ......50, in short, the SAT Act, rent receiving interest of aforesaid land receiver was acquired and Rahima Dad Khan became 'Malik' directly under the Government and his name was accordingly, recorded in Review Khatian in 161 and 164 dated 24-1-1959, Annexure D and D1. 6. Rahim Dad Khan obtained permis..

Category: Property Law | Date: | Hits: 120

State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ...... hanging and at the same time convicted the remaining 6 accused persons also under sections 302/34 and section 144 of the Penal Code and sentenced them to suffer rigorous imprisonment for life and in view of this sentence no separate sentence was passed against them under section 144 of the Penal Co..

Category: Criminal Law | Date: | Hits: 110

Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)

.... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ....... In the former case, the petition was dismissed after painstaking discussion of the evidence on record, presumably under Article 62(1)(a). 47. Taking cue from the above two decisions, I am of the view that this is not a case where the petition can be dismissed at this stage under Article 58 and ..

Category: Election Law | Date: | Hits: 300