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Mrs. Rokeya Begum Vs. Chartered Credit CoÂoperative Ltd., 2009, 38 CLC (HCD)
....e Ltd…………………………………Opposite Parties Judgment June 2, 2009. Result: The Rule is discharged. If any notice is issued through registered post with AD, it can be legally presumed that the notice has been served properly as per article 17 of General Clauses Actâ€......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. ..Category: Criminal Law | Date: | Hits: 70
....d that the jetty and other structures were constructed under the licence of BIWTA and as such, those structures of the applicant cannot be demolished. He further submits that the judgment speaks of illegal construction, and not of any legal construction and as such, the applicant's structures are pr...... 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.
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Category: Environmental Law | Date: | Hits: 731
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....confession of Delowar Hossain and the trial Court on due consideration of the evidence on record rightly found the accused guilty under secÂtion 396 of the Penal Code and the Court below rightly and legally awarded the conviction and death sentence to the accused. Thus, according to his subÂmissio......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. ..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....ease of the said property without getting any advice from his learned Advocate but in fact by that lease, plaintiff's right, title and possession cannot be extinguished and V.P. Case No.31/79-80 is illegal, fraudulent, collusive and void, 4. Thereafter, plaintiff prayed amongst other, the followi......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. ..Category: Property Law | Date: | Hits: 83
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....as not proved by any evidence at the trial. If above plea goes no reason or ground will be left for the full brother namely, Daud Ali, to kill Jamiruddin with another accused. He of course admits the legal proposition that prosecution is not required to prove any motive. He also admits that if any m......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. ..Category: Criminal Law | Date: | Hits: 93
....stha (survey agency) expressly and in unambiguous term. Besides, Jarip Sangstha (survey organisation) and the PSI Agency is not synonymous and both cannot be placed on the same footing in view of the legal terminology. According to the Oxford Concise Dictionary to inspect is to look closely into or ......t Petition Nos. 3475, 3439 and 3480 of 2002.
Judgment
Md. Awlad Ali J.-These 3(three) Rules issued under Article 102 of the Constitution at the instance of different petitioners having the same status raise identical question of law being based on similar facts and are being disposed of by thi..
Category: Fiscal/Taxation Law | Date: | Hits: 119
....ision 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.
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Category: Property Law | Date: | Hits: 82
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
..... Criminal Revision No.676 of 2005. Judgment Md. Emdadul Huq J.- This revisional application under section 439 of the Code of Criminal Procedure, 1898 (shortly the Code of 1898) is about the legality and propriety of the judgment and order dated 31.10.2004 passed by the learned Sessions Jud......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. ..Category: Property Law | Date: | Hits: 122
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....ccasioned to the defendant petitioners, the Rule is liable to be discharged. The learned Advocate submits that the trial Court decreed the suit rightly and the Court of appeal below very cogently and legally dismissed the appeal. He submits that the scope of interference with the concurrent findings......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. ..Category: Procedural Law | Date: | Hits: 115
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....me to the Krishi Bank, Agrabad branch, Chittagong for encashment, but these were bounced on 30-7-2006 and 17-8-2006 for insufficiency of the fund in the account of the accused petitioner. Thereafter, legal notice was issued on 24-8-2006 which was received by the accused-petitioner on 27-8-2006. Sinc......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. ..Category: Procedural Law | Date: | Hits: 128
....videnced in Annexure-F to the petition and the impugned office order dated 19-3-2007 (Annexure- G) asking the petitioner to show cause, should not be declared to be without lawful authority and of no legal effect and why declaration should not be made to the effect that the petitioner is and continu......writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
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Category: Administrative Law | Date: | Hits: 494
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....s allowed. Duties of a Court in Criminal Proceedings The cardinal principles of criminal jurisprudence in awarding conviction followed by sentence upon an indicted person demands meditation. A legal survey of law, appraisal of evidence, browsing eye on materials brought on record, analysis of......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. ..Category: Criminal Law | Date: | Hits: 74
....n LA Case No. 5/1972-73 was abolished in 1975 and, therefore, the purpose of the LA Case was no longer in existence, and the continuation of this LA Case and the acquisition of land there under was illegal.
6. The Deputy Commissioner, Dhaka (respondent No. 6) filed affidavit-in-opposition stating......we do not find any merit in the claims of the petitioners. Accordingly, the Rules in Writ Petitions No. 1539 of 2008 and 1948-50 of 2008 are discharged, 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 al..
Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....hers to contest in the Parliamentary election allegedly for holding "office of profit of a statutory public authority" should not be declared to have been passed without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seems tit and pr......ance 16 of 2008……………(34) Whether the elected Mayors of the City Corporations are holding "office of profit" and are disqualified to contest in the Parliamentary election. Giving the status and other facilities and privileges of a minister and of a state minister respectively to a M..Category: Constitutional Law | Date: | Hits: 466
....ng City Corporation area, in particular. CMCCI made an application to the authority concerned for granting licence. Respondent No.4 examined all papers and documents of CMCCI and also ascertained the legal entitlement of this respondent to have the licence. After complying with all provisions of law...... 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.
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Category: Others | Date: | Hits: 107
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
.... resident in the electoral area in which he would have been resident if he had not been in such service or had not held such office. (3)……… (4) A person who is detained in prison or other legal custody at any place in Bangladesh shall be deemed to be resident in the electoral area in whi......The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ..Category: Constitutional Law | Date: | Hits: 386
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....plaintiff sought for new directions from the Board regarding the progress of the work in the face of the changed circumstances but the latter did not respond and ultimately, terminated the contract illegally without making arrangement for payment of the dues of the plaintiff and for the heavy losses......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ..Category: Alternative Dispute Resolution | Date: | Hits: 543
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
.... by the principal defendant Nos.1-4, at the investigation of the principal defenÂdant Nos. 5 and 6 for construction of sewerage line and box in the suit land without acquisition and requisition is illegal, mala fide, arbitrary and an act of high handedness. (b) Pass a decree for permanent injunc...... Court, Dhaka in Title Suit No.181 of 1994 are hereÂby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ..Category: Procedural Law | Date: | Hits: 137
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....that even on admitted facts no case stands against the accused. (2) Where the institution and continuation of the proceeding amount to an abuse of the process of the Court. (3) Where there is a legal bar against the initiation or continuation of the proceeding. (4) In a case where the alleg......s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
....decree of the Appellate Court moved this Court and obtained the present Rule. 5. Mr. Alimuzzaman Chowdhury, the learned Advocate appearing on behalf of the petitioner pressed this Rule only on the legal point that a Family Court constituted under Family Courts Ordinance, 1985 had/has no jurisdict...... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ..Category: Family Law | Date: | Hits: 209
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