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Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....utable, but that cannot altogether make the Miscellaneous Case No.16 of 11989 filed by the decree-holder-corporation a nullity. So far as this miscellaneous case is concerned, there was no procedural defect in filing the same and that was filed in clear compliance with the mandate of the provisions ......Company were not properly, served with notice and that had, therefore, no knowledge of the aforesaid title suit. As a result they did not appear in the suit. Also the Government which was made a party did not take any steps. However, "on the prayer of the appellant Company the proceeding i..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
Pannu @ Md. Pannu Mia & others Vs. State, 2014, 43 CLC (HCD)
....ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ...... this is an old Revision of 2000, we are inclined to take it up for disposal on merit considering the materials on record. 8. The learned Deputy Attorney-General appearing for the State Opposite party opposes the Rule, and submits that the learned Magistrate acted within the ambit of law i..Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
.... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ...... Civil Revision No. 2960 of 2011. Judgment Moyeenul Islam Chowdhury J.- On an application under section 115 of the Code of Civil Procedure, 1908, a Rule was issued calling upon the opposite-party to show cause as to why the judgment and decree dated 20-3-2011 passed by the Joint District J..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
Mortuz Ali Khalifa Vs. Jobeda ® Kalu Bibiand others, 2014, 43 CLC (AD)
....ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ......on-Record—For the Appellant. None Represented—For Respondents. Recall the plaintiffs' witnesses for cross-examination It is a cardinal principle of law that every party to litigation must be given opportunity to place his case with relevant evidence. It is a..Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......, Arif-uz-Zaman (Md.) Vs. State, 17 BLC (AD) 167 Lawyers Involved: Md. Abdul Quadir Talukder, Advocate-for the petitioner. ASM Fazle Rabbi Khan, Assistant Attorney General-for opposite party 1. Criminal Revision No.823 of 2012 with Criminal Revision No. 826 of 2012 ..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ......n clause 12 that the plaintiff and the defendant were intended to carry out the contract most lawful way and they were committed to change any unlawful or unenforceable provisions which might put the party in the condition of economic loss. This means that the plaintiff and defendant were committed ..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......ed .......A right of appeal carries with it a right of rehearing in some way, as has been done in second appeals arising under the Code'. I find no reason to depart from the above view. If a party is affected by an order or judgment of the Court, in the absence of specific provision fo..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
....rther submitted that split ting up of the charge by the trial Judge has not caused any prejudice to the accused-respondent. He finally submitted that in any event, even if there is any technical defect in framing the charge, that cannot result in acquittal of the accused, who being a Government...... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)
....y ejaher while produced them to the police station. The vital eyewitnesses who supported the prosecution case were relations to the informant. The learned Judge of the trial Court pointed out all the defects of the prosecution case and also pointed out the enmity that was existing between the partie......ays. As he failed to pay the money the opposite parties attacked him on 01.02.2001 at 8.45 p.m. while he along with his son was coming back home. When they reached the door step of his house,opposite party 1 at the instance of opposite party 2 dealt a blow on his head with a stick. As he quickly shi..Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24
....y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 313
......and supervise the election of a trade union and in the case of any dispute relating to internal affairs of a registered trade union which is civil in nature must be adjudicated by the civil Court, if party aggrieved go there to ventilate the same....... (16)
Case Referred to-
Railway Men&#..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
Zakir Hossain and another Vs. Md. Shahnewaz and others, 2013, 42 CLC (AD)
....s and facts do not warrant interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ...... The petition for leave to appeal is dismissed. An appeal from a preliminary decree is not incompetent even if a final decree is made before the appeal is presented. Nor is it necessary for a party aggrieved by a preliminary decree to appeal both from that decree and against the final decree..Category: Procedural Law | Date: 10 Oct, 2013 | Hits: 12
Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ......ee-holder) to hand over the possession of the suit land to respondent No.1 immediately. 2. The facts leading to this petition for leave to appeal, in a nutshell, are: Respondent No.1 as 3rd party filed Miscellaneous Case No.14 of 2011 under Rules 100 and 101 of Order XXI read with sec..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
....costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
......by the respondents bank in holding auction and secondly, whether this Court can interfere with such auction sale under writ jurisdiction where a right has apparently accrued in favour of a third party auction purchaser.
15. To appreciate the question firstly raised, the relevant provisions..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......bservation in Briggs that in determining whether a particular function is public or private would depend on detecting a public law element in the relationship between a decision-maker and an affected party as places such relationship within the public domain and so renders it amenable to judicial re..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......pressions used in clause 2.45 of the tender schedule also include VAT." 12. The entire contract including the tender schedule and the General Conditions of Contract nowhere mentioned the party which wills ultimately to bear the burden of VAT. Let us go through the provision of sect..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....fied having no plot No., khatian No. and boundaries and for such unspecified land the order of temporary injunction cannot be entertained. The learned counsels lastly submits that the suit is bad for defect of parties and if the order of injunction is passed it would be infructuous order having no l......he learned Advocates appeared on behalf of the petitioner while Mr. Sukumar Biswas, the learned Assistant Attorney-General and Mr. Probir Neogi the learned Advocate appeared on behalf of the opposite party Nos. 1, 2 &3. 7. The learned Advocates appearing on behalf of the petitioner during h..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
.... 92 contested the Administrative Tribunal Case by filing two separate written statements denying all the material allegations made in the application stating that the case is barred by limitation and defect of parties and, as such, not maintainable in the eye of law; that as per existing provisions ......he Administrative Appellate Tribunal, as the case may be, within the ambit of the Acts and the Rules framed thereunder. 19. Soon after exhausting the procedure laid down in rule 7, the aggrieved party has a further remedy before the Administrative Appellate Tribunal. What is important to note h..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ......hose cases stood vitiated. But admittedly the provisions of sub-section (IB) of section 6 of the Criminal Law Amendment Act were not brought to the notice of the Courts nor those were agitated by any party before the Courts. So necessarily there was no finding in place with regard to the primacy of ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
......omplying the provisions of the RPO and in a follow through the political parties submitted applications along with their constitutions. A section of people desirous of being registered as a political party under the name and style Bangladesh Jamate Islami submitted its application with its constitut..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
.... before the Commission for final decision and, thus, I have no hesitation to say that the writ petition is not maintainable as being premature.
63. This apart, Mr. Razzaque pointed out that if a defect is subsequently cured judicial review does not lie as the Court does not answer merely academ......m Husain J.- In this case a rule nisi was issued calling upon the respondents to show cause as to why the registration (Registration No. 014 dated 04.11.2008) given to Respondent No. 1 as a political party by the Respondent No. 4 shall not be declared to have been given without lawful authority and ..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
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