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Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....-For the Opposite Party No.1. Civil Revision No. 2171 of 2005. Judgment Md. Abdul Wahhab Miah J.-This rule was issued calling upon opposite party No.1 to show cause as to why the order dated 12.03.2005 passed by the Additional District Judge, Munshigonj in Civil Revision No.15 of 2004......by the defendants in their application filed under Order 7, rule 11 of the Code, so the learned Subordinate Judge ought to have rejected the said application without keeping the same pending for decision at the peremptory hearing of the suit. 11. In the result the Rule is discharged. The a..Category: Property Law | Date: 26 May, 2008 | Hits: 3
Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....For the Opposite Party No.1. Civil Revision No.2171 of 2005. Judgment Md. Abdul Wahhab Miah J.- This rule was issued calling upon opposite party No.1 to show cause as to why the order dated 12.03.2005 passed by the Additional District Judge, Munshigonj in Civil Revision No.15 of 20......ed by the defendants in their application filed under Order 7, rule 11 of the Code, so the learned Subordinate Judge ought to have rejected the said application without keeping the same pending for decision at the peremptory hearing of the suit. 11. In the result the rule is discharged. The..Category: Property Law | Date: 26 May, 2008 | Hits: 7
Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)
....actual commission is alone punishable. In the case of Yeshwant Sitaram Desai Vs. Jaisingaro A Rane, AIR 1974 Goa-4, 'any' under section 81 of Representation of the People Act, 1951 interpreted a candidate, not a candidate in the entire process of election of parliament or assembly. In section 82(b) ......; Tolaram Mulchand Vs. Shop Inspector, Nagar Palika. AIR 1959 MP-382; Md. Sharifuddin Vs. RP Singh, AIR 1961 (SC) 1312; Md. Yeasin Vs. State, Criminal Miscellaneous Case No. 15742 of 2004 (unreported decision). Lawyers Involved: Bhishmadev Chakraborty, Advocate — For the Petitioner. ..Category: Banking Law | Date: 22 May, 2008 | Hits: 227
Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)
....d Abdur Rashid J.-The above Rule NISI was issued asking the respondents to show cause as to why initiation and continuation of Special Case No.153 of 2007 arising out of Gulshan PS Case No.41(3)07 dated 10.03.07 corresponding to GR Case No.178 of 2007 under section 409 read with section 109 of t......l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ..Category: Criminal Law | Date: 18 May, 2008 | Hits: 3
Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
....as issued, on an application under section 561A of the Code of Criminal Procedure, at the instance of accused petitioners, calling upon the opposite parties to show cause as to why the impugned order dated 08-01-2004 passed by the learned Magistrate, First Class Jessore, in C.R. Case No.549 of 2003 ....... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ..Category: Procedural Law | Date: 18 May, 2008 | Hits: 41
.... after liberation of Bangladesh, they are citizens of this country by birth and otherwise and they are therefore entitled to be enrolled in the electoral rolls and registered as voters. On the prayer dated 05-02-76 of Mrs. Rajibun Nessa, mother of petitioner No. 2 and 6 and grandmother of petitioner......l organization of Bangladesh, in connection with his letter dated 11-06-07 that a letter dated 14-06-07 under the signature of the Chief Election Commissioner was sent to the Chief Adviser for urgent decision on the question of said Urdu-speaking people. A copy of said letter of the Chief Election C..
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
.... M.I. Farooqui with Md. Ruhul Quddus- For the Respondents. First Appeal No.181 of 2004. Judgment Md. Abdul Wahhab Miah J.-This first appeal is directed against the judgment and decree dated 31.03.2004 passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.59 of...... father had filed a false case against defendant No.1 and others with Lalbag Police Station being Case No.32(9)/97 which he withdrew on 12.10.97 as per the verdict of the salish. Pursuant to the decision of the Shalishdars as well as the direction and knowledge of the plaintiffs their father fi..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Abdul Alim @ Chutta and another Vs. State, 2008, 37 CLC (HCD)
.... upon the Deputy Commissioner, Habigonj to show cause as to why the accused petitioners should not be enlarged on bail in G.R. Case No.116 of 2006 arising out of Madhabpur Police Station Case No.09 dated 09-05-2006 under sections 323, 302, 149 of the Penal Code, now pending in the Court of Magis...... of violence, in revenge, against the police and the prosecution witness and those who have booked him or are trying to book him." 13. The aforesaid views have also been reiterated in many decisions of our Country. We are also in respectful agreement with the aforesaid views. 14. On..Category: Criminal Law | Date: 13 May, 2008 | Hits: 9
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
....dvocate-For the Respondent Nos.1-2. Writ Petition No.4603 of 2003 Judgment Sheikh Abdul Awal J.- In this Rule Nisi the respondents were called upon to show cause as to why Order No.11 dated 31.05.2003 passed by the respondent No.3, Artha Rin Adalat, Chittagong (Annexure-C) rejecting......rt and as such the impugned order is liable to be declared to have been passed without lawful authority and is of no legal effect. Mr. Rokan Uddin Mahmud to fortify his submission has relied on the decision reported in 49 DLR 531. 7. On the other hand, Mr. M. Saleem Ullah, the learned Adv..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....ce of Kazi Ramimul Islam under section 4 (Kha)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (hereinafter referred to as 'the Ordinance') is directed against the Judgment and order dated 14-10-1998 passed by the learned Judge, Tribunal No.4, Satkhira (hereinafter referred to as th......ll as on facts and circumstances of the case and, as such, the impugned Judgment and order of conviction and sentence is liable to be set aside. 11.The learned Advocate for the appellant cited the decisions in the case of Mahiruddin Mondal alias Md. Mohiruddin Mondal Vs. State reported in 57 DLR ..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....ce of Kazi Ramimul Islam under section 4 (Kha)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (hereinafter referred to as 'the Ordinance') is directed against the judgment and order dated 14-10-1998 passed by the learned Judge, Tribunal No.4, Satkhira (hereinafter referred to as th......ll as on facts and circumstances of the case and, as such, the impugned judgment and order of conviction and sentence is liable to be set aside. 11.The learned Advocate for the appellant cited the decisions in the case of Mahiruddin Mondal alias Md. Mohiruddin Mondal Vs. State reported in 57 DLR ..Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....nt Nos. 3 and 4. Writ Petition No.2547 of 2005. Judgment Mir Hashmat Ali J. - This Rule was issued calling up on the respondents to show cause as to why the impugned Judgment and order dated 16-2-2005 passed by respondent No.2 in Artha Rin Adalat Case No.40 of 2004 should not be decla...... produce all the documentsbefore the Court. In the present case, the plaintiff is to produce their documents and the defendants is to produce their documents to prove their respective case. It is the decision of the parties, which of the documents or report are required to be produced and, as such, ..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
.... Criminal Appeal No. 3512 of 2002. Judgment Salma Masud Chowdhury J. - This Rule was issued calling upon the opposite party No. 1 to show cause as to why the impugned judgment and decree dated 19-8-2001 passed by the Subordinate Judge, Second Court, Kurigram in Other Appeal No. 2 of 200......ourt and obtained the present Rule. 7. Mr. Mir Md. Joynal Abedin, the learned advocate for the petitioners, submits that the Courts below have committed error of law resulting in an error in the decision occasioning failure of justice and erroneously decreed the suit. He next submits that the C..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
....plaintiff opposite party instituted, the aforesaid Title Suit No.56 of 1998 in the Court of learned Senior Assistant Judge, Sylhet for declaration that the order of dismissal from service of the bank dated 12.04.1997 passed by the defendant-petitioner No.1 is illegal, void and not binding upon him a......ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
....ashid J.- The above Rule NISI
was issued against cancellation of the license for holding arms and also
seizure of the licensed pistol of the petitioner along with ammunition pursuant
to an order dated 27.03.02 of respondent No.2, the Deputy Commissioner at
Chittagong at the instance of the......anceling the license and directing the police for seizure of the license, fire
arms and ammunition were all illegal, unauthorized and as such, of no legal
effect. In support, he cited an unreported decision dated 15.12.05 of this
Division disposing a batch of writ petitions including Writ Petitio..
Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10
....Revision No.593 of 2004.
Judgment
Syed Abu Kowser Md. Dabirush-Shan J.-This Rule was
issued calling upon the opposite party No.1 to show cause as to why the
impugned judgment and order dated 5.2.2004 passed by the learned Joint District
Judge, 2nd Court, Gaibandha in Miscellaneous Ap......tural
Tenancy Act was not maintainable as such the judgment and order passed by the
lower appellate court is liable to be set aside. The learned Counsel in
support of his contention referred the decision in the case of Md. Abdur
Rouf and others Vs. Mahmuda Khatoon and others reported in 1 BCR
..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....oreign University with at least 2 years' experience as a qualified Town Planner. 6. The Ministry of Housing and Public Works issued the impugned Circular under Memo No.Sha-2/3p-l/2003/49 dated 7-2-2004 issued by respondent No.3, Assistant Secretary promoting the respondents Nos. 5, 6, 7......working in the feeder post were given promotion in the post of Senior Planners in consideration of their past and vast experiences about 15-17 years services having a clean service record and the decision was taken by the committee presided over by Secretary, Ministry of Housing and Public Works..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....te-For the Opposite Party. Civil Revision No. 49 of 2001. Judgment Sheikh Abdul Awal J.- By this Rule the opposite party was called upon to show cause as to why the judgment and decree dated 05.09.2000 (decree signed on 14.09.2000) passed by the Subordinate Judge, 1st Court, Dhaka in ......and malafide. Mr. Mosiul Alam finally submits that the findings of the S.S.C. Judge based on correct evaluation of the evidence on record cannot be disturbed by this Court unless it is shown that the decision is based upon gross misreading of evidence or it has been founded on misapprehension of law..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ule is discharged. Accuser’s right to file appeal under section 410 of the Cr PC was taken away- Under section 410 of the Cr PC the accused could file the appeal with 60 days from the date of conviction excluding the time requisite for obtaining certified copy of the judgment. But un......be applicable in the pending cases although instituted when the old provision was in force and the pending cases are to be governed by the new procedure under the amended law". 22. From the decision referred to above, it appears that under the repealed sub-section 4 of section 339 of Cr PC..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....h Jail Appeal No. 4954 of 1991 (Dhaka). Judgment Md. Imman Ali J. - This appeal preferred by appellant Jaibar Ali Fakir is directed against the judgment and order of conviction and sentence dated 23-9-85 passed by the learned Additional Sessions Judge-in-Charge of Sessions Judge's Court, J......nally, inaccurate statements may be the result of comparatively "immature" juvenile thought processes. Experts suggest that adolescents may see different options than an adult would when faced with a decision. Juveniles may also place a different value on their options than adults, such as emphasizi..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
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