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Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....use was ransacked and altercations took place between the petitioner on the one hand and the police and CID personnel on the other, when she was forced to sign the seizure list as there was nothing illegal or unlicensed found in the house. Subsequently it transpired to the petitioner that with ulter......sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ..Category: Criminal Law | Date: | Hits: 107
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)
....at as to what the inherent power of the High Court Division under Section 561A of the Code may be invoked depends in the facts and circumstances of each case entering into its merit. In view of the legal position as well as the decisions referred to above it is well settled that when the allegat......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ..Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....all when registered bind the company and the members hereof to the same extent as if they respectively had been signed by each member and contained a covenant on the part of each member his heirs and legal representatives to observe all the provisions of the memorandum and of the articles subject to......হিত আনুমানিক হারেও ২য় পক্ষকে প্রদান করিবেন।” 4. An aspect highlighted in the Application pertaining to the Petitioner's status as shareholders distinct from their status as directors to file this Application has to do ..Category: Company Law | Date: | Hits: 177
Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)
....rge as in Annexure-P and the rejection of his service appeal by the order communicated on 04.11.2002 as in Annexure-R should not be declared to have been passed without lawful authority and are of no legal effect. 2. Facts giving rise to the Rule Nisi, briefly, be put thus:- The petitioner aft...... of appointment, when the constitutional guarantee under Art. 311(1) becomes available; (b) that delegation of the powers to make a particular appointment does not enhance or improve the hierarchical status of the delegate; (c) that the subsequent authorisation made in favour of the authority passin..Category: Employment/Service Law | Date: | Hits: 166
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....f our law field should not be stretched morbidly to embrace every hunch and decree of doubt. The concept that hundred guilty man may escape but one innocent person may not suffer. Now-a-days requires legal scrutiny afresh in as much as course of justice cannot be made sterile and defected on the ple......e set at liberty forthwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ..Category: Criminal Law | Date: | Hits: 108
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
....y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ..Category: Criminal Law | Date: | Hits: 103
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
.... Nika Registrar for the entire Union Parishad including Ward No.1; but meanwhile defendant No.1 Moulana Md. Korban Ali in collusion with the staff of the Government, defendant No.2 procured an illegal appointment direct from the defendant No.2 as a temporary Nika Registrar in respect of Ward No......ring, some of the witnesses of both the sides were examined and cross‑examined and during cross‑examination of P.W.2, a suggestion was given to him on behalf of the defendant No.1 challenging the status of the plaintiff as Nika Registrar and at that stage, the learned Advocate for the plaintiff..Category: Civil Law | Date: | Hits: 112
Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
....er dated 18‑7‑96 passed in Money Suit No.6 of 1994 in the Court of Subordinate Judge and Artha Rin Adalat No.2 Dhaka should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to refrain from proceeding with the suit......nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ..Category: Civil Law | Date: | Hits: 119
Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)
....ient to prove that the sarees were Indian sarees. He has also argued that no sarees were recovered from appellant No.2 and, as such, arrest of convict‑appellant No.2 Nazrul Islam was not proper and legal. 4. Perused the Judgment and the evidence on record. I have already noticed that only fourw......t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ..Category: Criminal Law | Date: | Hits: 79
....xure-A) being violating of the provision of Article 27 and 31 of the Constitution of the People's Republic of Bangladesh should not be declared to have been made without lawful authority and is of no legal effect and as to why the impugned Order No.4 dated 20.11.2005 passed by the respondent No.2, A......municate this judgment to the respondent No.2, Artha Rin Adalat No.3, Dhaka at once.
Zinat Ara J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185.
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Category: Civil Law | Date: | Hits: 127
Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
....or the petitioners. Mohammad Nazrul Islam, Advocate - For the opposite party. Civil Revision No.1674 of 2006. Judgment Syed Md. Ziaul Karim J.- This Rule calls in question the legality and propriety of the judgment and decree dated 22.01.2006 passed by the learned Additional ......1995 the defendants purchased 374 decimals of land from the suit land and have been possessing the same by constructing homestead thereon and they did not erect house by violation of the order of status quo. The plaintiff has got no right, title and interest in the suit land and as such the same..Category: Civil Law | Date: | Hits: 181
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....nal proceedings against the accused person may amount to an abuse of the process of the Court or when the quashing of the impugned proceedings would secure the ends of justice. 3. Where there is a legal bar against initiation on continuance of a criminal case against an accused person. 4. In a......ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ..Category: Criminal Law | Date: | Hits: 104
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
....ce purchase the plaintiffs had been possessing the same on payment of rent and mutated his name, and that S.A. and R.S. record were prepared in his name; that the defendant No. 2 with an ill motive illegally and collusively by misleading the Enemy Property Authority took lease of the disputed Proper...... result, the rule is made absolute without any order as to cost and the judgment and decree passed by the Court below are set aside and Title Suit No. 620 of 1981 is hereby dismissed. The order of status-quo granted at the time of issuance of the rule is hereby vacated. Send down the L.C. reco..Category: Property Law | Date: | Hits: 106
....t land and the case of the defendant Nos.15-18, in short, is that Sabdi and Hisabdi were recorded tenant of the suit land. Hisabdi died leaving behind Abdul Jalil, Jalal, Peer Boksh and Falani as his legal heirs and they became owner of his land. They along with Sabdi transferred the suit land along...... appeal is allowed without any order as to coasts.
Send down the lower Court records at once.
Nozrul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 321.
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Category: Property Law | Date: | Hits: 105
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
....agricultural land in the section. So, we have found that by making the provision of section 5 acquisition of the 'immovable property' by benami transaction has been prohibited. The plaintiff had no legal title in the suit property to get declaration that the defendant is benamdar and he has acquir...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ..Category: Property Law | Date: | Hits: 134
Subhra Nandi Majumder Vs. Amar Prasad Bhattacharjee and others, 1997, 26 CLC (HCD)
....this revisional application and obtained the present Rule. 3. Mr. SR Paul, the learned Advocate appearing for the petitioner, submitted that the learned Subordinate Judge has committed a serious illegality in disallowing the application for addition of party. He has relied upon a decision in the ......harged. In the result, the Rule is discharged without any order as to costs, The order of stay granted by this Court stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ..Category: Civil Law | Date: | Hits: 117
Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)
.... meantime was married. But she was also sonless Subhadra obtained a patta with respect to the suit land from her mother. The patta is a collusive document and without consideration and there was no legal necessity for Jatri to transfer the same to Shubhadra. As the same patta has clouded the title......n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ..Category: Procedural Law | Date: | Hits: 81
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
..... Abdul Wadud Bhuiyan, Additional Attorney General—Amicus Curiae. Appeal from Appellate Decree No. 313 of 1978. Judgment Mustafa Kamal J. - This second Appeal raises the question of the legal status of the employees appointed by the District Councils later District Boards, under the Wo......bdul Wadud Bhuiyan, Additional Attorney General—Amicus Curiae. Appeal from Appellate Decree No. 313 of 1978. Judgment Mustafa Kamal J. - This second Appeal raises the question of the legal status of the employees appointed by the District Councils later District Boards, under the Works Pr..Category: Employment/Service Law | Date: | Hits: 120
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....ence against the petitioner by the Senior Special Judge, Sylhet, the provision of taking prior sanction of the Government before taking cognizance of the offence was non-existent. So there was no legal necessity for taking sanction of the Government before taking cognizance of the offence in thi......ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ..Category: Criminal Law | Date: | Hits: 85
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....ole attorney. It is the further case of the plaintiff that the defendant No.1 himself has given up his all interest in favour of the defendant Nos.9-11 and 2-7 by an amicable arrangement. Due to some legal bar in transferring the share of the defendant No.1 he gave up his possession in favour of the...... dismissing the appeal and affirming the judgment and order dated 13.09.2009 passed by the learned Joint District Judge, 2nd Court, Sadar, Chittagong in Other Suit No.229 of 2009 granting an order of status quo should not be set aside and or such other or further order or orders passed as to this ..Category: Civil Law | Date: | Hits: 115
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