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4. Defendant Nos.1-4 contested the suit by filing joint written statement denying the case of the plaintiff and according to them the suit is not maintainable in its present form and barred by the principle of estoppel, waiver and acquiescence and that Water Development Board is a semi Government......he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.(13)
Cases Referred to-
30 DLR 219; 40 DLR (AD) 45; 50 DLR (HC) 411; 40 DLR (HC) 226; 37 DLR 49; 42 DLR 211; 43 DLR 407; 45 DLR 727; 11 MLR (HC) 99; 12 MLR (AD) 207.
Lawyers Involved:
Md. Joynal Abedin, Advocate - For the petitioners.
Md. Khalilur Rahman, Advo..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....ce committed no error or illegality in their finding as such the finding and decision affirmed by the lower appellate Court is not liable for any interference by this Court. 14. By now the settled principle of law in exercising the revisional power under Section 115 of the Code of Civil Procedure......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......Barman and others, 43 DLR (AD) 215; Khurshid Ali and others Vs. Noorjahan Bewa and others, 15 BLD (AD) 82; Hazari Bala Saha and others Vs. Niron alias Niranjan Mondal and others, 17 BLD (AD) 295. Lawyers Involved: Md. Reza-E-Morshed Kamal with Mofazzal Hossain, Md. Borhan Uddin, Advocate - Fo..Category: Civil Law | Date: | Hits: 94
Mrs. Rokeya Begum Vs. Chartered Credit CoÂoperative Ltd., 2009, 38 CLC (HCD)
....ioner. 26. In this connection we may also profitably refer the decision in the case of Ali Akkas Vs. Enayet Hossain and others reported in 17 BLD (AD) 44 wherein their Lordships held: "the settled principle of law is that to bring a case within the purview of section 561A for the purpose of quash......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......shonoured cheques…………………………(25) Cases Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44. Lawyers Involved: M. Sayed Ahmed - For the Petitioner. Muhammad Mofazzal Hossain - For t..Category: Criminal Law | Date: | Hits: 70
.... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
......alakkhya was given by BIWTA by a memo dated 22.9.1998 to M/S. Scancem Bangladesh Ltd. subject to payment of necessary fees. After that, three companies, namely, (1) Scan Cement Bangladesh (2) Scancem International Ltd. and (3) Chittagong Cement Clinker Grinding Co. Ltd. were merged into the name of ......ladesh and others Vs. Government of Bangladesh, (2009) 17 BLT (AD) 455; Rural Litigation and Entitlement Kendra Vs. UP and Others, AIR 1985 SC 652; M.C. Mehta VS. Union of India, AIR 1997 SC 734.
Lawyers Involved:
Rafique-ul Huq, Abdul Basel Majumder, Mahmudul Islam, Rokanuddin Mahmud - For t..
Category: Environmental Law | Date: | Hits: 731
Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)
.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ......gment January 7, 2010. Result: The Rule is disposed of with the modification of the sentence. Case Referred to- Jahangir Alam (Mohammad) alias Jakir Vs. The State, 56 DLR (AD) 217. Lawyers Involved: S.M. Abdur Rouf, Advocate - For the petitioner. Md. Ensan uddin Sheikh, Ass..Category: Criminal Law | Date: | Hits: 81
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....uilt of another accused. Moreso, the confession of a co-accused is always weak type of evidence as the other accused did not get any chance to controvert the maker of confession and it is the settled principle of law that the confession of a Co-accused is not any substantive piece of evidence agains......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be comÂmunicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......istry Vs. State, 5 BLD (AD) 301; State Vs. Ful Mia, 5 BLC (AD) 41; Sirajuddin Vs. State, AIR (38) 1951 Allahabad 834; Md. Abdul Ali Vs. State, 20 BLD 327 = 6 BLC; State Vs. Mofizuddin, 24 BLD 481. Lawyers Involved: MA Mannan Mohon, Deputy Attorney-General with Mahabub-ul-Alam, Assistant Attorn..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....examined 5 witnesses learned Judge thereafter, recast the issues as hereunder:- 1. Are both the TS No.50/90 and Title Suit No.46/94 maintainable in its present form? 2. Is TS No.50/90 barred by principle of estoppels waiver and acquiescence? 3. Are both the suits barred by law of limitation......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ...... and ADC (Rev), 1983 BCR 225; Md. Ashraf Ali Vs. Fatique Chandra Sana, 1983 BLD (AD) 315; Fazar Ali Tendal Vs. Fazal Miah, 12 BLD (AD) 203; Nagendra Chandra Sarker Vs. Aftabuddin, 15 BLD (AD) 135. Lawyers Involved: AJ Mohammad Ali Advocate - For the Appellant No.K (In First Appeal No.99 of 199..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
....ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ...... Court Division to exercise its inherent power in a proper case and direct trial notwithstanÂding the provisions as to conclusion of trial within a specified time…………………………(5) Lawyers Involved Mahbubur Rahman, with Sharifuddin Chaklader - For the Petitioner. Abdul..Category: Procedural Law | Date: | Hits: 102
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....r to show as to how and where and by whom victim Jamir was injured resulting in ultimate death. In such event the accusedÂ-appellants will be entitled to get benefit of doubt. 57. It is a settled principle that in a criminal case the prosecution is to prove its case by satisfactory, cogent and r......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......anuary 28, 2003. Result: The Criminal Appeal No.966 of 1993 is allowed. Cases Referred to- State Vs. Lalu Mia, 39 DLR (AD) 117; Sk Shamsur Rahman @ Shamsu Vs. State, 1990 BLD (AD) 251. Lawyers Involved: Kazi Shahadat Hossain, with ASM Ahsan Kabir Chowdhury, Advocates-For the Appell..Category: Criminal Law | Date: | Hits: 93
....also a fiscal legislation their Lordships discussing numerous decisions of the sub-continental jurisdiction observed and held that the Court Fees Act is a fiscal enactment and it is a well recognised principle of interpretation of statutes that a fiscal enactment should be construed strictly and whe......e is also Reported in: 55 DLR (HCD) (2003) 691.
......
Cases Referred to-
Oriental Bank Corporation Vs. Henry B Wright, Appeal Cases Vol. V Privy Council 842; Megh Raj Vs. Rupchand Uttam Chand through Diwan Chand, AIR 1946 Lahore (FB) 280, 281;
Lawyers Involved:
Dr. Kamal Hossain with Salahuddin Ahmed, Ramjan Ali Sikder and Tanjib‑ul Alam..
Category: Fiscal/Taxation Law | Date: | Hits: 119
....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......atwary and others, (1986) 38 DLR AD 308; Bashir Ahmed and others Vs. Ghulam Ali and others, 1991 SCMR 1656; Babor Ali Pramanik and others Vs. Mesar Ali Pramanik and others, (1994) 14 BLD (AD) 235.
Lawyers Involved:
M.A. Jabbar, Advocate - For addition of opposite parties.
Md. Nurul Amin wit..
Category: Property Law | Date: | Hits: 82
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....atement made by a person in a proceeding and then withdrawing it and therefore he was exonerated from prosecution. Obviously the facts of that case are different from those of the present one and the principle laid down therein is not applicable to the present case. 38. The second case referred t......akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ...... Judgment October 30, 2007. Result: The Rule is discharged. Cases Referred to- M. Liaqat Hossain Vs. Vinay Prokash and another, AIR (33) (1946) P.156; In Re Gulabchand Rupaji, Indian Law Report vol. XLIX (Bombay Series), Page-799; Md. Muslim Khan Vs. State, 38 DLR (AD) (1986), 60; J..Category: Property Law | Date: | Hits: 122
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ......the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ......reasons given by the Court decision of which is under appeal would ordinarily suffice…………………………………………(10) Cases Referred to- 11 MLR (HC) 92; 34 DLR (HC) 127. Lawyers Involved: Md. Sajjad Ali Chowdhury with Abul Kashem Sarker, Advocates - For the petitione..Category: Procedural Law | Date: | Hits: 115
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....e two proceedings to postpone trial of a case under section 344 of the Code. 9. In the case of AB Siddiqur Rahman Vs. AM Harunur Rashid reported in 3 BLT (AD) 64, their Lordships observed that the principle governing stay of proceedings is that the criminal matter should be given precedence over ......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......ut to be concluded under section 138 of the Negotiable Instruments Act, 1881. Cases Referred to- Noor Alam Vs. State, 7 BCR (AD) 165; AB Siddiqur Rahman Vs. AM Harunur Rashid, 3 BLT (AD) 64. Lawyers Involved SB Bhandary, Advocate — For the Petitioner. Md. Khurshid Alam Khan wi..Category: Procedural Law | Date: | Hits: 128
....man Vs. Bangladesh reported in 44 DLR (AD) 111 in paragraph 48 his Lordship Justice Habibur Rahman clearly observed:
"Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the C......isas promoted to the higher post of Controller and Programme Manager with effect from 17-3-1993.
3. In recognition of his meritorious since and excellent performance, he was promoted as Director, (International Affairs, and Foreign Programmed) and was given temporary charge of the office of the D......LR (AD) 111; Ferdous Ara Chowdhury Vs. Bangladesh, 4 MLR (AD) 359 = 3 BLC (AD) 213; Bangladesh Vs. Md. Faruque, 51 DLR (AD) 112; Delowar Hossain Vs. Bangladesh, 52 DLR (AD) 120 and 5 BLC (AD) 134.
Lawyers Involved
Abdur Rob Chowdhury with Salauddin Dolon, Advocates — For the Petitioner..
Category: Administrative Law | Date: | Hits: 494
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....ocuments relates is situated. In the present case it is found that the land which was included in the impugned sale deed was not within the jurisdiction of Palong Sub-Registry office. It is a settled principle that where no part of property to which document relates is situated within the jurisdicti......rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......itation will run from the date of knowledge and not from the date of execution of the disputed document………………..(8) Cases Referred to- 28 DLR (AD) 5; AIR (Nagpur) 550; 44 DLR 79. Lawyers Involved: Md. Hassan Ali, Advocate — For the Petitioners. Biswajit Roy, Advocate —..Category: Administrative Law | Date: | Hits: 452
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....………………Appellant Vs. State…………….Respondent Judgment April 27, 2008. Result: The Appeal is allowed. Duties of a Court in Criminal Proceedings The cardinal principles of criminal jurisprudence in awarding conviction followed by sentence upon an indicted pe......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ......n out of chaff. A Judge does not preside over a criminal trial merely to see that no innocent person is punished. A judge also presides to see that guilty man does not escape. Both are public duties. Law therefore, cannot afford any favor other than the truth and only truth……………………â€..Category: Criminal Law | Date: | Hits: 74
.... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
...... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
......va Vs. Bangladesh, 1999 BLD (AD) 87 = 51 DLR (AD) 84; Bangladesh Vs. Abdul Wahab Mia, 2001 BLD (AD) 94 = 4 BLC (AD) 1; Bangladesh Vs. Samondra Narayan Mahajan, 2006 BLD (AD) 145 = 11 BLC (AD) 226.
Lawyers Involved:
Md. Asadullah with Md. Helal Uddin Mollah, Advocates — For the Petitioners (I..
Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
.... "statutory public authority". Article 9 of the Constitution provides that State shall encourage local government institution composed of representatives of the areas concerned which is a fundamental principle of state policy. To give effect to these fundamental principles of state policy Article 59......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......an Vs. Guest, 1942 AC 561, 566; Kanta Kathuria (Smt) Vs. Nanak Chand Surana (1969) 3 SCC 258 SS; Inamdar Vs. AS Andhra Pradesh, (1971) 3 SCC 870; Karbhari Bhimaji Vs. Shanker Rao, AIR 1975 SC 575. Lawyers Involved: Khondker Mahbubuddin Ahmed with Md. Ruhul Kuddus with Toufiq lnam. Advocates â€..Category: Constitutional Law | Date: | Hits: 466
....gladesh and others…………………………Respondents
Judgment
November 24, 2009.
Result:
The Rules are discharged.
Principle of Interpretation of Statute
It is the cardinal principle of interpretation that a provision of a statute has to be construed not in isolation but i...... costs.
The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 341.
......to destroy any statutory provision or to render it otiose……………(32)
Cases Referred to-
Canada Sugar Refining Co Vs. R (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006.
Lawyers Involved:
Dr. M. Zahir with Mahbub Shafique - For the petitioner (In Writ Petition No.166..
Category: Others | Date: | Hits: 107
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