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Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
....udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......char Tribunal Case No. 27 of 2005 rejecting the prayer for returning back the case to the original Court. 2. FIR was lodged on 12-9-2004 of an occurrence dated 11-9-2004, by the informant opposite party, implicating the accused petitioners in a case under sections 143/341/302/379/34 of the Penal ..Category: Procedural Law | Date: | Hits: 84
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....Is the suit maintainable as framed and filed? (ii) Is the suit barred by the principles of estoppel, waiver and acquiescence? (iii) Is the suit barred by limitation? (iv) Is the suit bad for defect of parties? (v) To what relief the plaintiff is entitled to in the instant case? Each part......toppel, waiver and acquiescence? (iii) Is the suit barred by limitation? (iv) Is the suit bad for defect of parties? (v) To what relief the plaintiff is entitled to in the instant case? Each party adduced one witness to prove its case. 9. Mr. Shahriar M Salahuddin, Managing Director of t..Category: Limitation Law | Date: | Hits: 174
Abdul Quader Farazi Vs. Chief Election Commissioner, Bangladesh & others, 1998, 27 CLC (HCD)
....s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ......spondent No.4 apprehending disturbance in the said centre on the date of election, filed an application in advance on 21‑12‑97 to the respondent No.5 stating that the petitioner and his terrorist party was moving in the locality and threatening the independent voters. He also intimated the same ..Category: Election Law | Date: | Hits: 591
Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 2010, 39 CLC (HCD)
....d after series of transfer, it was Re-numbered as Title Suit No.64 of 1994 of the Court of Subordinate Judge, 2nd Court, Dhaka. The plaintiffs who continued with the suit, withdrawn it for formal defect on 4.6.98 and thereafter, filed Title Suit No.204 of 1994 in the Court of Subordinate Judge......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ..Category: Property Law | Date: | Hits: 80
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......er of victim Shah Alam; that Monir also informed the matter to Golam Rasul, Hassan, Mizan and Shafiqur Rahman; that the informant informed the matter to police and the police along with the informant party went to the beel of Baowania and recovered the victim in critical condition and took him to th..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ...... short, is that the informant P.W.1, Md. Joad Miah along with other police personal on 6-10-1990 at about 11-30 AM from village Telipara arrested the present convict-appellants and then the informant party made search on their respective bodies in presence of witnesses Md. Abul Kamal Azad, Dr. Solai..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......ous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Habibul Gani J Md. Ismail………………………………Petitioner Vs. State……………………………..Opposite party Judgment June 14, 2012. Result: The Rule is made absolute. The Code..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
.... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds immediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds immediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ..Category: Procedural Law | Date: | Hits: 111
AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
.... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ...... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ..Category: Criminal Law | Date: | Hits: 66
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....torney General Mr. Mahbubey Alam further argued that the Courts below committed error of law occasioning failure of justice in not considering that the preemption case is barred by the principle of defect of parties since the pre-emptee has categorically averted in the written objection that man......mptors-Respondents-Opposite-Parties Judgment August 8, 2010. Result: The Rule is discharged. The Code of Civil Procedure, 1908(Act No. V of 1908); Order XLI rule 27 When to allow a party to adduce additional evidence The question of allowing a party to adduce additional evidenc..Category: Property Law | Date: | Hits: 88
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
.... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ......lection expense, probable source of find; that Respondent Nos.5 (in his return) stated that he had no source of income and he has collected the fund by selling his books and collecting money from his party; that after the election was over Respondent No.5 violated the provisions of Article 44C in no..Category: Election Law | Date: | Hits: 300
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......d bearing No.787 dated 15.07.96 and registered sale deed bearing No.804 and registered exchange deed bearing No.3628 dated 16.11.99 as not being acted upon and not binding upon him, since he is not a party to the aforesaid deeds. Mr. Islam further submits that in order to succeed in the suit, the pl..Category: Property Law | Date: | Hits: 132
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......tural justice and fairness is in issue. In Re D. (Minors) (Adoption Reports: Confidentiality) reported in [1996] AC 593 at page 603 Lord Mustill stated, "It is a first principle of fairness that each party to a judicial process shall have an opportunity to answer by evidence and argument any adverse..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ......rdity…………………(13) When a question of law as important as one relatable to the question of jurisdiction is raised there is no scope for sidestepping the same, even if the motive of the party is bad. Since a decision of the superior Court as well as particular provisions of law were re..Category: Property Law | Date: | Hits: 127
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......side and quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Essential facts which are required for disposal of this rule are that the opposite party No.2 as complainant filed a petition of complaint before the Magistrate, 1st Class, Nalishi ..Category: Criminal Law | Date: | Hits: 102
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......ly for a period of six months and thereafter it was extended for another term of further months of being expired on 13-11-2010. 3. The relevant facts for disposal of the Rule are that the opposite-party No.2 Md. Chan Mia filed a petition of complaint on 29-1-2007 alleging that the accused No.1 Ar..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
.... of Contract. 4. The defendant No.4 filed a written statement denying material allegations of the plaintiff and alleges that the suit is not maintainable in its present form, the suit is barred by defect of parties, the suit is barred by limitation. The case of the defendant in short is that the ......andi, with ASM Rahamat Ullah, Advocates - For the Opposite Parties. Civil Revision Case No.4802 of 1999. Judgment AFM Ali Asgar J.- This rule was issued calling upon the defendant opposite party Nos.1-4 to show cause as to shy the impugned judgment dated 10-6-1999 and decree dated 20-6-19..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
.... Md. Abu Baker Siddique, the learned advocate for the opposite party plaintiffs, submits that the impugned Judgment and decree of the appellate Court does not suffer from any illegality or from the defect of non consideration of any material evidence on record. Discussion and findings in Revisi......intenance or guardianship of a child. The reason is simple. The Family Court cannot decide the issue of maintenance or guardianship without deciding the issue of legitimacy when it is denied by one party………………..(42) The wife can claim past maintenance for the child if she has been s..Category: Family Law | Date: | Hits: 246
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
..... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ......yed for making the Rule absolute. 8. On the contrary Mr. AB Roy Chowdhury along with Mr. Md. Kamrul Alam Kamal and Mr. Mohammad Hasibuddin, the learned Advocate appearing on behalf of the opposite party Nos.1, 2 and 4 submitted that both the Courts rightly found the case in favour of the plaintif..Category: Property Law | Date: | Hits: 134
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