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Displaying 1981-2000 of 4129 results.

M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)

....cu­ments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......pon whether it was made by any of the persons and in any of the circumstances described in sections 18 and 20 of the Evidence Act. Section 18 of the Evidence Act provides that a state­ment made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circums..

Category: Criminal Law | Date: | Hits: 87

Secretary, Bangladesh Jute Corporation & another Vs. The Chairman, Second La­bour Court & another, 1989, 18 CLC (HCD)

....section 14 of the Limi­tation Act and has stated that the lime taken from 10.4.83 to 16.6.84 should be taken to have been spent in prosecuting the case with due diligence in another Court which from defect of jurisdiction was unable to entertain it. Mr. Nurul Haque submits that the Employment of La......s into question the judgment and order dated 13.8.86 passed by the Chairman, 2nd Labour Court, Dhaka, respondent No.1, in Complaint Case No.25 of 1984, allowing the said case and directing the second party-petitioner to withdraw the impugned order of suspen­sion dated 19.8.82 and allow the 1st part..

Category: Labour and Industrial Law | Date: | Hits: 166

Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......e of the parties and considering the materials on record the learned Senior Assistant Judge, Sadar, Kishoregonj was pleased to allow the application for temporary injunction restraining, the opposite party from entering into the cinema hall and creating any obstruction in exhibiting, cinema in the s..

Category: Property Law | Date: | Hits: 62

Basiran Bewa Vs. State, 2004, 33 CLC (HCD)

....titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ......nt AKM Fazlur Rahman J. - This Rule was issued at the instance of accused‑petitioner Basiran Bewa on an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the order dated 26‑2‑2003 passed by the Sessions Judge, Tangail in..

Category: Criminal Law | Date: | Hits: 81

Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)

....the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140.......ge, Laksam for hearing and disposal and it was re-numbered as Partition Suit No.12 of 1994. The defendant No.18 Osman Gani who was one of the contesting defendants died in 1994 and his heirs opposite party Nos. 1-9 were not substituted by the plaintiffs. Thereafter the suit was decreed ex parte in t..

Category: Procedural Law | Date: | Hits: 67

Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)

....nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......that such stand has no basis at all in view of the fact that in support of the stand no material could be shown by the learned Attorney General before this Court. 6. An application for addition of party has been filed by Bangladesh Mujibnagar Employ Welfare Association. We have perused the applic..

Category: Administrative Law | Date: | Hits: 183

Binode Bihari Ghose Vs. Assistant Custodian, Vested and Non-Resident Property and others, 1998, 27 CLC (HCD)

.... The judgment and the decree passed by the trial Court are upheld. There shall be no order as to costs. Let the LCR be sent down. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 134.......rther found that in kabala deeds dated 7-6-79 and 2-8-79 ‘Baukhola Mouza’ was wrongly written instead of ‘Islamkati Mouza’ and decreed the suit. 11. Defendant No.1 who is also the opposite party No.1 in this Rule, as appellant preferred an appeal before the learned District Judge which wa..

Category: Property Law | Date: | Hits: 56

Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)

....bserved that the notices upon defendant Nos. 2, 4 and 5 were duly served on 19-11-1995 and upon defendant No.1 and 3 on 18-11-1995. He did not state the manner of service therein. This is the factual defect of service of notice upon the defendant Nos.4 and 5. Moreover the Court without recording the......d the decision in the case of Unimarine SA Panama Vs. Bangladesh, 31 DLR (AD) 112. In Shamsul Huda it has been held that the power conferred under Order 38 rule 5 CPC is extraordinary power whereby a party in the suit may be prevented from use and enjoyment of his own properties before any decree ha..

Category: Procedural Law | Date: | Hits: 118

Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

....accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545....... the Bar held on 14‑9‑03 with over 2/3rd majority and there was no illegality in holding the meeting or lack of quorum of the meeting adopting the amendments. He added that the plaintiff-opposite party No. 1 himself as President of erstwhile Executive Committee of the Samity for the year 1409 BS..

Category: Civil Law | Date: | Hits: 74

Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)

....he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ...... holding any enquiry at all when from the proved facts the Court is prima facie satisfied that an offence has been committed before him in a proceeding or in relation thereto even without hearing the party complained against. 8. In the present case, it is found that sufficient opportunity was giv..

Category: Criminal Law | Date: | Hits: 82

AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)

....l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ...... benefit thereof. 27. Here the word "Lawfully" must not be read as surplusage and must be treated as an essential part of the requirement of the section. Lawful relationship arises not because the party claiming compensation has done something for the party against whom the compensation is claime..

Category: Civil Law | Date: | Hits: 99

Government of Bangladesh Vs. Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others, 2010, 39 CLC (HCD)

....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 49....... Lawyers Involved: Mr. Goutam Kumar Roy, Deputy Attorney General with Mr. Arobinda Kumar Roy, Assistant Attorney General - For the petitioner. Mr. Md. Mahbub Ali, Advocate - For the opposite party Nos.1-5. Civil Revision No. 4331 of 2003. (From the judgment and decree dated 3.2.2003 p..

Category: Property Law | Date: | Hits: 64

Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)

....ounts to abuse of the process of the Court. This power cannot be exercised by the High Court to hold a parallel trial. 41. The jurisdiction will, therefore, be exercised only when there is glaring defect on the facts of the proceeding which makes the prosecution untenable and where there is no re......SC. Lawyers Involved: Mr. Md. Hafizullah with Mr. Abdul Baset Majumder and Mr. Md. Ohiullah, Advocate - For the petitioner. Mr. AKM Shafiuddin with Mr. Md. Siraj, Advocate - For the opposite party No.2. Criminal Miscellaneous Case No. 6294 of 2008. (An application under section 561A..

Category: Criminal Law | Date: | Hits: 76

Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)

....he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ......tion sold property asserting, inter alia, that the title of the petitioner has been established by a competent civil Court and that the petitioner and his brother were neither the debtors nor the 3rd party mortgagor. The learned Judge of the Artha Rin Adalat by the impugned order dated 5‑8‑03 di..

Category: Civil Law | Date: | Hits: 61

Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)

....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ...... persons in the service of the Republic; and, except in the case of necessity for the discharge of such functions it shall not make any policy decision.” 53. From the above, we find that the Non-party Care Taker Government shall carry on routine function with aid and assistance of persons in th..

Category: Constitutional Law | Date: | Hits: 264

Babul Vs. State, 2002, 31 CLC (HCD)

....and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ...... evidence of a Police Personnel as witness is liable to be flung to wind on the ground that he is a Police Personnel. PW 1 who is, also, PW 6, PWs 3 and 4 are Police Personnels and members of raiding party. Whether PWs 1, 3 and 4 could bring home the charge against convict-appellant and their testim..

Category: Criminal Law | Date: | Hits: 84

Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)

....ipt of this order.  Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ...... High Court Division (Civil) Present: Syed Md. Ziaul Karim J Abdul Quddus.........................Petitioner  Vs.  Syed Moinul Ahsan Sajjad......................Opposite party Judgment February 7, 2010. Result: The Rule is disposed of. Lawyers Involved: ..

Category: Family Law | Date: | Hits: 171

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

....the execution of the decree. The suit is therefore not maintainable in law. They also contended that the suit was barred by principle of estoppel, waiver and acquiescence and barred by limitation and defect of parties. 8. It is their definite case that the imported ship along with scraps that wou...... determined irrespective of any provisions as to a right of appeal from the decision of such Court. Explanation III‑ The matter above referred to must in the former suit have been alleged by one party and either denied or admitted, expressly or impliedly, by the other. Explanation IV‑ Any ..

Category: Civil Law | Date: | Hits: 92

Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)

....No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......the learned Assistant Judge, Sonagazi, Feni in Title Suit No. 46 of 2000 rejecting the petitioner's application for calling for the records of Title Suit No. 134 of 1958 and accordingly, the opposite party Nos. 1‑4 were directed to show cause as to why the aforesaid order should not be set aside. ..

Category: Civil Law | Date: | Hits: 75

Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)

....ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......udgment Md. Ashfaqul Islam J. - This Rule arising out of an application under section 561A of the Code of Criminal Procedure at the instance of the petitioners was issued calling upon the opposite party to show cause as to why the proceedings of CR Case No. 31 of 2000 under sections 464/465/467/4..

Category: Criminal Law | Date: | Hits: 94