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Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)

.... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......1) No Court shall take cognizance (c) of any offence described in section 463 or punishable under section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in such ..

Category: Criminal Law | Date: | Hits: 129

Mrs. Aruna Sen Vs. Govt. of the Peo­ple's Republic of Bangladesh and others, 1974, 3 CLC (HCD)

....as, if exclud­ed, might reasonably have affected the subjective satisfaction of the appropriate authority. It is not merely because some, grounds or reason of a compara­tively unessential nature is defective that such an order based on subjective satisfaction can be held to be invalid. The Court w......ed right one of the most valu­able fundamental rights guaranteed by our Constitution to the citizens of this country. If that right is invaded accepting strictly in accordance with law the aggrieved party is entitled to appear to the judicial power of the State for relief. We are not unaware of the..

Category: Constitutional Law | Date: | Hits: 291

Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)

....l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......ion that this document having been marked as exhibit without objection became admissible in evidence, is a general rule and the same principle is not applicable in all cases. This rule disentitling a party to object to the admissibility of secondary evidence in appeal, when no objection was taken in..

Category: Property Law | Date: | Hits: 127

MA Bari and others Vs. Uttara Sarkari Officers Quarter Kallayan Samity and others, 2003, 32 CLC (HCD)

.... of the review petitioners the same is set aside on review. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 289. ......lso refers to the case of Fehmida Khatoon Vs. Additional Deputy Commissioner (Consolidation) Lahore and others reported in PLD 1975 Lahore 942 in support of his contention that a person who was not a party to the writ proceeding can maintain a review petition against the judgment or order which adve..

Category: Others | Date: | Hits: 119

Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)

.... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285.   ......The plaintiff examined an officer at its Advance Department as its only witness. In his brief deposition the said witness vowed that notices were directed to the defendant, several times but the said party maintained an evasive stance on various pretext. The said PW produced notice dated 22‑12­-1..

Category: Banking Law | Date: | Hits: 215

Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)

.... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270....... Present: Gour Gopal Saha J Sk Rezowan Ali J Bangladesh House Building Finance Corporation...........................Petition Vs. Md. Abdul Hoque ...........................Opposite party Judgment December 1, 2002. Case Referred To- Hridoy Mohan Sanyal Vs. Khagendra Nat..

Category: Property Law | Date: | Hits: 91

Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)

....Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......ditions including non payment of monthly rent as agreed in Writ Petition No. 42 of 1960, the predecessor of the appellants finding no other alternative filed an application to the respondent-opposite party No. 1, the Deputy Commissioner, Dhaka for de‑requisition of the said requisitioned Plot No. ..

Category: Property Law | Date: | Hits: 95

A Rouf and others Vs. State and another, 1999, 28 CLC (HCD)

....order of the Sessions Judge that the Magistrate shall dispose of case in accordance with law is upheld. Accordingly this Rule is disposed of. Ed. This Case is also Reported in: 52 DLR (2000) 395.......ral—For the State. Criminal Miscellaneous Case No. 907 of 1994. Judgment Abu Sayeed Ahammed J.- This Rule has been issued calling upon the Deputy Commissioner, Thakurgaon and the opposite party No.2 and complainant to show cause as to why the proceeding of MP Case No.26 of 1993 under sec..

Category: Criminal Law | Date: | Hits: 43

Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)

....ds was sufficient to bring their conduct within the definition of cheating. The addition in the charge that Mukha Shah suffered loss as a result of the misrepresentation was a mere surplusage and the defect was cured by section 537 of Criminal Procedure Code. 6. In view of above facts and circums......tant Attorney-General—For the State. Criminal Miscellaneous Case No. 2327 of 1998. Judgment Md. Abdul Quddus J.- By this Rule under section 561A of the Code of Criminal Procedure opposite party was called upon to show cause as to why the proceeding of Petition Case No. 25 of 1993 under s..

Category: Criminal Law | Date: | Hits: 42

Mati Lal Karmakar and Another Vs. Kalandar Talukder and another, 1998, 27 CLC (HCD)

....eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390.......eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390...

Category: Property Law | Date: | Hits: 64

Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)

.... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ...... decree dated 4‑11‑1997 passed by the learned senior Assistant Judge, Naria, Shariatpur in Title Suit No. 2 of 1995. 2. Relevant facts, for the disposal of this in short, are that the opposite party Nos. 1 to 3 as plaintiff instituted the aforesaid suit for Specific Performance of Contract al..

Category: Property Law | Date: | Hits: 84

Md. Zahidul Islam Vs. Md. Kamal Hossain and another, 2009, 38 CLC (AD)

....otice by the accused respondent is noth­ing but a premature institution and before the High Court Division it was argued that if the cause of action matured during pen­dency of the proceedings, the defect of prematurity of the cause of action could be cured and in spite of that the High Court Divi...... absolute. The above submission merit considera­tion. Leave is granted. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 60...

Category: Criminal Law | Date: | Hits: 39

Managing Director, Dhaka WASA Vs. Meer Awlad Hossain and others, 2010, 39 CLC (AD)

....matter we find merit in this petition. Leave is, therefore, granted on the additional grounds to consider: "I. Whether the High Court Division failed to consider that the writ petition is bad for defect of party as per Provision of Section 3(3) of Act VI of 1996. II. Whether the High Court Di......find merit in this petition. Leave is, therefore, granted on the additional grounds to consider: "I. Whether the High Court Division failed to consider that the writ petition is bad for defect of party as per Provision of Section 3(3) of Act VI of 1996. II. Whether the High Court Division err..

Category: Employment/Service Law | Date: | Hits: 87

Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)

....l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19.......the plaintiff in the suit land by executing barga kabuliyats and that the defendant petitioner did not adduce any evidence in the suit to prove title, if any, and that the Government, though was made party in the suit, did not contest the suit at the hearing and that the plaintiffs got their names m..

Category: Property Law | Date: | Hits: 93

Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)

.....11.86 made in favour of Beraful Nessa was under the jurisdiction of Gomostapur Sub Registry Office, the said deed, being reg­istered in Nawabganj Sub-Registry Office, was void and further the above defect is also not curable by section 87 of the Registration Act. The High Court Division fell in er...... be sustained and accord­ingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ..

Category: Property Law | Date: | Hits: 109

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ..

Category: Civil Law | Date: | Hits: 174

Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)

....e deeds was not handed over. Only in Title Appeal No. 62 of 1991 the appellate Court relying on the application of Rahim Khatun, held that the deed of gift was genuine and further held that there was defect of parties in the suit. The appellate Court also failed to consider that Rahima Khatun was no......he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for re­hearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ..

Category: Property Law | Date: | Hits: 73

Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)

....ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ...... Pakistan Trade Mark Journal No. 233 for the month of June, 1970 at page 1215 under section 15 of the Act and no opposition was lodged during the statutory period by the respondent No. 2 or any other party. After the emergence of Bangladesh the appellant filed an application for summary registration..

Category: Intellectual Property Law | Date: | Hits: 226

Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)

.... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ......eal No. 34 of 2000 reversing the judgment and decree dated 30‑3‑2000 passed by the learned Senior Assistant Judge, Family Court, Sadar, Mymensingh in Family suit No. 9 of 1999. 2. The opposite party No. 1 as plaintiff instituted Family Suit No. 9 of 1999 before the Court of learned Senior Ass..

Category: Family Law | Date: | Hits: 186

Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)

....n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ......e. Criminal Miscellaneous Case No. 2259 of 2004. Judgment Md. Awlad Ali J.- Upon an application under section 561A of the Code of Criminal Procedure Rule was issued calling upon the opposite party to show cause as to why the records of the Badda PS Case No. 27(3) 04 dated 20‑3‑2004 pend..

Category: Criminal Law | Date: | Hits: 60