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Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
.... Civil Revision No.1490 of 2006. Judgment Syed Abu Kowser Md. Dabirush-Shan J.- This rule was issued calling upon the opposite party Nos. 1-2 to show cause as to why the judgment and decree dated 31-1-2006 and 7-2-2006 respectively passed by the learned District Judge, Brahmanbaria, in Tit......hmanbaria did not do so. The lower appellate Court should have, assigned cogent and reasonable ground in reversing the judgment and decree of the trial Court. In this connection I like to rely on the decision in the case of Ranajit Sarker and others Vs. Sree Sukhendu Bikash Biswas and others reporte..Category: Property Law | Date: | Hits: 112
Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
....e Petitioner. Civil Revision No.162 of 2002. Judgment Siddiqur Rahman Miah J.- This Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the order No.21 dated 30.08.2001 passed by the Subordinate Judge, 2nd court, Lalmonirhat in Miscellaneous case No.12......ation and obtained the present rule. 11. Mr. Golam Rabbani, the learned Advocate for the petitioners submits that the learned sub-ordinate Judge committed an error of law resulting an error in the decision occasioning a failure of justice in failing to hold that an application under section 151 o..Category: Procedural Law | Date: | Hits: 162
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....itution by Bangladesh Environmental Lawyers Association (BELA) represented by its Director (Programs) Syeda Rizwana Hasan, calling upon the respondents to show cause as to why the issuance of the NOC dated 27.07.2008 vide Memo No.Environment-60/Ship Import/06/Part-19/3430 issued by the office of res......n and achievements are well documented and need not be recounted here. BELA's locus stand to file this type of application in the form of public interest litigation has been discussed in numerous decisions of our Supreme Court. Reference may be made to Dr. Mohiuddin Farooque Vs. Bangladesh, 55 D..Category: Environmental Law | Date: | Hits: 688
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....t Shahidul Karim J.- This Criminal Appeal at the instance of the convict-appellants Jahirul Haque alias Md. Jahirul Haque and Billal Hossain alias Billal is directed against the Judgment and Order dated 20-4-2004 passed by the Learned Assistant Sessions Judge, 3rd Court, Comilla in Sessions Case ......h version of the prosecution case and, as such, acquitted them from the charge. Accordingly the submissions made by the learned Advocate for the convict-appellants are devoid of any substance and the decisions put forward by him in support of the same have also no bearing in the facts and circumst..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
.... with Md. Asaduzzaman, Assistant Attorney General - For the State. Criminal Appeal No.3335 of 2005. Judgment M Enayetur Rahim J.- This appeal is directed against the Judgment and order dated 14-7-2005 passed by the learned Special Tribunal No.7, Narayanganj in Special Tribunal Case No......me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ..Category: Criminal Law | Date: | Hits: 99
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....cision on a land dispute between the petitioner and respondent No.8 Md. Habibur Rahman. 2. Earlier a Rule was issued by this Court calling upon the respondents to show cause as to why the decision dated 21.5.2007 given by respondent No.5 without following any procedure (Annexure-C) should not be ......or the respondent No.4. Writ Petition No. 5444 of 2007. Judgment Md. Emdadul Huq J.- This Rule is about the lawful authority of a Commissioner of the Dhaka City Corporation in giving a decision on a land dispute between the petitioner and respondent No.8 Md. Habibur Rahman. 2. Earl..Category: Civil Law | Date: | Hits: 74
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
....Advocate - For the-opposite party. Civil Revision No.2690 of 2004. Judgment Syed Md. Ziaul Karim J.- This Rule, calls in question the legality and propriety of the Judgment and decree dated 25-05-2004 passed by the learned District Judge, Tangail, allowing Family Appeal no. 15 of 200......its that the Court of appeal below without appreciating the material facts and law decreed the suit for the entire amount of the dower, thereby committed an error of law, resulting in an error in the decision occasioning failure of justice. 11. Mr. Rafiqul Islam Mehedi, the learned Advocate appea..Category: Family Law | Date: | Hits: 180
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....ed in the schedule of the application pending disposal of the Arbitration proceeding now pending before the competent Arbitrator in Singapore. 2. After preliminary hearing, this Court vide order dated 14-12-2009, admitted the application and served show cause notices regarding the properties ......t of 2001 categorically mention about the applicability of the Act where the place of the arbitration proceeding is in Bangladesh. However, it is a practice to adopt or follow the precedent and the decisions in interpretation of law or application thereof, but such practice call only be her milted..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....nder section 233 of the Companies Act, 1994 (the Act). 2. It appears from the statements made in the petition that the Company has been incorporated on 11-5-1997, vide Certificate of Incorporation dated 11-5-1997, under the Companies Act with 4 subscribers, subscribing for total 2000 numbers sh......te Mr. AKM Badrudduza, appearing for the petitioner, having placed the application, submits that the aforesaid notice was issued for calling an EGM although the Board of directors has not taken any decision to call any EGM for amendment of article 14 and Article 26 and, as such, the said notice wa..Category: Company Law | Date: | Hits: 129
Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)
....ooked simply because the learned Tribunal Judge did not state that he obviously accepted the statement in the charge sheet that the accused persons including the petitioners were absconding since the date of occurrence and they could not be arrested and produced before the trial Court by the police.......rial was illegal and so the impugned conviction and sentence passed against the petitioners must be held illegal and without jurisdiction. In support of his submission Mr. Hossain cites an unreported decision of a Division Bench dated 7‑7‑97 passed in Criminal Miscellaneous Case No. 5274 of..Category: Criminal Law | Date: | Hits: 99
Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)
.... Writ Petition No.2514 of 1995. Judgment KM Hasan J.- This Rule was issued calling upon the respondents to show cause why the memo No. jud/dosh-21/93/830 (আগ্নেয়াস্ত্র) dated 2‑8‑93 issued by respondent No.2 to the petitioner (Annexure‑A) and the seizure of the a......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ..Category: Criminal Law | Date: | Hits: 77
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....tions. This Ordinance was repealed by Artha Rin Adalat Act, 1990 (Act IV of 1990). This Act was enacted on 20th January, 1990. Section 9 of the Act envisaged that the suits which were pending on that date shall be tried by the Courts in which those were pending. But subsequently, the said section 9 ...... been held by their Lordships that: "Care which a bailee is bound to take is coextensive with that of a man of ordinary prudence." 23. Considering all these aspects of the case vis-a-vis the decision reported in 7 DLR 137 we have no hesitation to hold that in the given facts of the present ..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....e - For the opposite party No.1. Civil Revision No. 3861 of 1994. Judgment Md. Emdadul Haque J.- The unsigned Judgment earlier pronounced in this case on 22-2-2011 has been recalled by order dated 6-3-2011 and a fresh Judgment is delivered as follows: 2. This revisional application under...... is necessary as per law. Secondly, whether this Court, in exercising revisional jurisdiction under section 115(1) of the Code of Civil Procedure, can look into the correctness of the concurrent decision of the Courts below on the principal fact in issue, namely, the due execution of the disp..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....06. Judgment Afzal Hossain Ahmed J.- This Rule, at the instance of the defendant-appellant-petitioner, was issued calling upon the opposite party to show cause as to why the judgment and decree dated 12-09-2006 passed by the Family Appellate Court as well as the Court of District Judge, Tangai......ed. Mr. Amin has further submitted that having not considered the above pertinent aspects of the matter both the courts below have committed gross illegality which has resulted in an error in the decision occasioning failure of justice and as such the judgment and decrees passed by both the ..Category: Family Law | Date: | Hits: 140
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
....rate and detaining an accused in police custody at the Police Station prior to his trial. The Ain does not envisage taking cognizance of any scheduled offence and holding trial thereof on different dates as were done in the instant case by the Executive Magistrate.……………………..(18) ......rted in 28 DLR (AD) 38, the Appellate Division clearly spelt out the categories of cases where the High Court Division should interfere under section 561A of the Code of Criminal Procedure. In that decision, the Appellate Division observed as follows:- (a) Interference even at an initial sta..Category: Criminal Law | Date: | Hits: 81
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....il Revision No.3339 of 2002. Judgment Syed Mohammad Ziaul Karim J.- This Rule was issued, calling upon the opposite party Nos. 1(a)-1(k) to show cause as to why the impugned judgment and decree dated 23.03.2002 passed by the learned Additional District Judge, First Court, Jhenaidah, in Title A......e at all. The learned Counsel lastly submits that the court of appeal below failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 11. Mr. Abdul Quayum, the learned Advocate appearing wit..Category: Procedural Law | Date: | Hits: 114
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
....ance of convict appellant Ujjal and Criminal Appeal No.2210 of 2002 at the instance of convict-appellant Golam Rasul alias Mamun are directed against the Judgment and order of conviction and sentence dated 6.7.2002 passed by the Metropolitan Special Tribunal No.9, Dhaka in Metropolitan Special Tribu...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....d to death. 8 were sentenced to imprisonment for life and 8 were acquitted by the learned Judge of Divisional Druta Bichar Tribunal, Chiuagong in Druta Bichar Case No.15 of 2004 by judgment and order dated 18.12.2004. As per Section 374 of the Code of Criminal Procedure the learned Judge send the ca......unal committed no illegality in awarding the sentence as such the conviction and sentence should be confirmed. 10. In support of his submissions the learned Deputy attorney General referred to the decisions of 5 BLC 332, 39 DLR (AD) 194, 16 DLR (SC) 261, 29 DLR (SC) 211, 28 BLD (AD) 1, 58 DLR (AD..Category: Criminal Law | Date: | Hits: 89
Category: Election Law | Date: | Hits: 600