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Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......rule, by judgment and order dated 07.04.2010, with the observation that "it appears from the chronological study of the order sheet that the defendant did not take any step to vacate the order of status quo granted by this Court on 17.09.2008 and this order of status quo is in operation for more..Category: Criminal Law | Date: | Hits: 54
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....w bearing on the subject and the same has resulted in an error in the impugned decision occasioning failure of justice. He next submits that the executing Court having failed to appreciate the simple legal aspect of the case that the executing Court lost right to continue the execution case on 6.5......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ..Category: Civil Law | Date: | Hits: 129
Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)
....r addition of party in a partition suit on the technical ground and therefore, the impugned order is liable to be set aside. Lastly, Mr. Goswami argues that learned appellate Court bellow committed illegality in not considering the fact that the later application for implicating the petitioners as p......e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ..Category: Property Law | Date: | Hits: 96
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
....ort and collected post mortem report. Thereafter he submitted charge sheet being No.207 dated 29-12-1996 under section 364/302/201 of the Penal Code against the accused persons. 5. After observing legal formalities, the case record was transmitted to the learned Sessions Judge, Meherpur, wherein ...... P.W.4 Bodruddin and P.W.6 Yar Ali. 53. Thirdly, circumstantial evidence. Herein in this case, the Magistrate who recorded the confessional statement, has not been examined. Now let us discuss the status of such judicial confession where the Magistrate has not been examined. 54. Presumption as..Category: Criminal Law | Date: | Hits: 106
Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)
....Counsel for opposite party No.1 prevails and appears to have a good deal of force. 18. In the light of discussions made above, I am of the view that the impugned judgment and order suffers from no legal infirmity, which calls for no interference by this Court. 19. In the result, leave grante......without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ..Category: Limitation Law | Date: | Hits: 147
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
.... People's Republic of Bangladesh and in contravention of the sovereignty of Bangladesh and the supremacy of it's sacred Constitution, should not be declared to be without lawful authority and of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and p......issioners. Notably, though the CHT fell within the boundaries of the undivided province of Bengal, its administration by a different law as reflected in the Hill Tracts Manual led it to acquire the status of a 'Non-regulated District'. 7. By Section 5 read with Section 46(1) of the Government o..Category: Constitutional Law | Date: | Hits: 314
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....ot follow the provisions of sections 367 and 342 of the Code of Criminal Procedure, that the prosecution has hopelessly failed to prove the case beyond reasonable doubt and that the trial Court illegally convicted the petitioner and as such the Judgment and order dated 29.01.2004 passed by the s......le thus fails. In the result the rule is discharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ..Category: Criminal Law | Date: | Hits: 99
Md. Habibur Rahman Chowdhury Vs. State and another, 2010, 39 CLC (HCD)
.....11.2006 presented all the said 7 (seven) cheques for encashment but this time too all the cheques were again bounced for insufficient fund. Thereafter the complainant through its Advocate served a legal notice under section 138 of the Negotiable Instruments Act on 18.11.2006 by registered post re......of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ..Category: Criminal Law | Date: | Hits: 138
.... Order dated 31‑1‑95 passed by the respondent No.1, First Labour Court, Dhaka in complaint Case No.450 of 1993 should not be declared to have been passed without any lawful authority and is of no legal effect.
2. The facts, in short, are that, the respondent No.2, Shahera Khatun, filed the co......Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once.
Ed.
This Case is also Reported in:49 DLR (HCD) (1997) 396.
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Category: Labour and Industrial Law | Date: | Hits: 265
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
....re was none to constitute Arbitration Council under the provisions of Muslim Family Laws Ordinance, 1961 on 20-4‑1988. As there is no evidence on this/point of fact, I find no reason to decide this legal question in the instant case. 5. As regards the sentence of fine imposed by the appellate C......ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ..Category: Procedural Law | Date: | Hits: 105
Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)
.... the Rule by this Court by its order dated 26-1-2010. Given this scenario, it is palpably clear that the petitioner has been a fugitive from law for about two years. As a fugitive from law, he has no legal right to prosecute the Rule. But initially, we failed to notice this aspect of the case and he......been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ..Category: Criminal Law | Date: | Hits: 99
....P.W. Case No.14 of 1992 allowing the case, as evidenced by Annexure 'E' and 'C' respectively to the writ petition should not be declared to have been made without any lawful authority and to be of no legal effect and also obtained the order of stay of the operation of the impugned judgment and order......ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 606.
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Category: Labour and Industrial Law | Date: | Hits: 215
Md. Rajib alias Azad Khan Rajib Vs. State, 2011, 40 CLC (HCD)
....f the Court to grant bail provided there are reasonable grounds for believing that the person seeking bail has not been guilty of the non bailable offence with which he is charged. 9. There was no legal or moral compulsion to keep the accused in detention merely on the allegations that he has com......r if he misuses the privilege of bail in any manner whatsoever. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 230. ..Category: Criminal Law | Date: | Hits: 98
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....9 and F-1 on 15.4.2010. In the case of Ram Kumar Vs. Rasmeswara, AIR 1964 Mys- 59 it has been held: -"During the pendency of an application under Rule 90 of Order 21 an order confirming the sale is illegal. In the case of Manik Vs. Banamali 1LR 32 Cal 1104 it has been held "If the act complained of ......iscellaneous Case No.17 of 2009 should not be set aside and or such other or further order or orders passed as to this Court may deem fit and proper. 2. This Court directed the parties to maintain status quo in respect of possession of the suit land for a period of 3 months from date. That p..Category: Civil Law | Date: | Hits: 112
Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....isi was issued calling upon the respondents to show cause as to why the impugned Memo dated 17.5.2009 (Annexure-B) should not be declared to have been passed without any lawful authority and is of no legal effect and/or pass such other order or further order or orders as to this Court may seem fit a......ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ..Category: Civil Law | Date: | Hits: 130
Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....ecially of the listed plcs, in rotation wherein one third of the body retires and are eligible for re-election by the shareholders and such an understanding of Directors through MoU is absolutely illegal. 14. The MoU, which has never been used or disclosed and there is no substantive proof to t......d and being aggrieved by the said amendment writ petition No.6653 of 2008 has been moved challenging the constitutionally of the said amendment, wherein a Rule was issued on 26-8-2008 and an order of status quo was passed. The Complainant Case No.7404 of 2008 under Sections 406 and 420 of the Penal ..Category: Criminal Law | Date: | Hits: 100
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....000 in the relevant bank for encashment but the cheque was dishonored; that the complainant approached the accused for immediate repayment of loan but he failed for which the complainant sent a legal notice on 3-6-2008 to the accused through his lawyer which was received by the office of the a......ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ..Category: Criminal Law | Date: | Hits: 99
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
..../s Elenos, Italy US$ 676,729, Equivalent to Taka 4,67,82,275.77. 4. The procuring entity showing M/s Nautel Ltd. technically responsive in gross violation of the terms of the tender document and illegally issued notification of award in its favour. M/s Nautel Ltd., however, failed to provide requ......ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ..Category: Others | Date: | Hits: 127
Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)
....on of Muslim Law of inheritance, the applicants respondents are entitled to the shares left by the deceased at the time of death as per Muslim Law of inheritance as such, learned Judge committed no illegality in passing the impugned order. 11. We have considered the submissions of the learned Adv......nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ..Category: Civil Law | Date: | Hits: 136
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....ssain was forwarded to him in connection with Cantonment P.S. Case No.14(19) 91. He recorded his confessional statement under section 164 of Cr.P.C. on 19‑9‑91 after observing all formalities and legal requirements. He made the confessional statement voluntarily and then he sent back the record ......pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ..Category: Criminal Law | Date: | Hits: 100
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