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Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)

....f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284.......e (if any) required within the time fixed before issue of summons, or for his non-appearance, as the case may be, the Court shall make an order setting aside the dismissal and shall appoint a day for proceeding with the suit. 13. From a plain reading of the above provisions of law it reveals that..

Category: Procedural Law | Date: | Hits: 83

Abdul Rouf (Md.) alias Nayan Vs. State and another, 1999, 28 CLC (HCD)

.... Rule is made absolute. Proceedings of CR Case No. 301 of 1990 pending in the court of Chief Metropolitan Magistrate, Chittagong are quashed. Ed. This Case is also Reported in: 53 DLR (2001) 283.......rney-General — For the Opposite Parties. Criminal Revision No.1211 of 1993. Judgment Md. Hamidul Haque J. - By this Rule, the opposite parties were called upon to show cause as to why the proceedings of Criminal Case No. 301 of 1990 now pending in the court of Chief Metropolitan Magistra..

Category: Criminal Law | Date: | Hits: 39

Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)

....act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......arties and after hearing such of them as desire to be heard or of its own motion without such notice, the High Court Division or the District Court may at any stage transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it competent to try o..

Category: Election Law | Date: | Hits: 89

Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)

....ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254.......a Rin Adalat No. 1 Rangpur and the Manager Uttara Bank, Rangpur Branch, to show cause as to why the impugned judgment and decree passed ex-parte on 25-10-1990 in Artha Rin Case No. 55 of 1990 and the proceedings of that case should not be declared to have been made without any lawful authority and i..

Category: Civil Law | Date: | Hits: 93

Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......risdiction of the Marriage Registry. In the Rule by order dated 8-7-97 Mr. ATM Musa, Senior Assistant Secretary, Ministry of Law, Justice and Parliamentary Affairs was directed to explain as to why a proceeding for contempt of Court should not be started for violation of the order dated 7-1-97 of th..

Category: Constitutional Law | Date: | Hits: 109

Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)

....f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232.......il Revision petition as pre-emptee resisted Miscellaneous Case on presentation in full agreement with the decision rendered by learned trial Judge of a written objection taking stand that pre-emption proceeding holding had been sub-divided and new Jama had been created in the name of seller opposite..

Category: Property Law | Date: | Hits: 23

Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)

.... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229.......he defendants Nos.1-l0 from interfering with the function of the managing committee of the Mohammadia Market Baboshayee Bahumukhi Samabaya Samity Limited and restraining the defendants Nos.11-13 from proceeding with the enquiry initiated against the plaintiff. 3. The Case of the plaintiff, in sho..

Category: Administrative Law | Date: | Hits: 146

Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)

....of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......rstanding and disposal of the point involved as above we quote the relevant provisions of both the sections 439 and 439A of the Code of Criminal Procedure hereunder: “439. (1) In the Case of any proceeding the record of which has been called for by itself or which has been reported for orders, ..

Category: Criminal Law | Date: | Hits: 40

Fulbaria Adarsha Market Dokandar Malik Samity Vs. Fulbaria Adarsha Market Khatigrashta Kallyan Samabaya Samity Dokandar & others, 2001, 30 CLC (HCD)

....im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost. Communicate this order to the Court. Ed. This Case is also Reported in: 53 DLR (2001) 220. ......oints out that the plaintiff has by this time preferred an appeal against the decree which is now pending for hearing. 13. In support of the earlier Rule, Mr. Mahbubey Alam first refers to various proceedings initiated by the parties. As stated earlier, he submits that the members of the added Sa..

Category: Civil Law | Date: | Hits: 84

Labu Mia Vs. State, 2001, 30 CLC (HCD)

.... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ......1-1- 2001 in the heading of “Four-year-old boy charge-sheeted in Criminal Case” this Rule was issued calling upon the Deputy Commissioner Nilphamari to show cause as to why the aforesaid criminal proceeding against Labu Mia, son of Atiar Rahman should not be quashed. 2. The Records being call..

Category: Criminal Law | Date: | Hits: 101

Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)

....of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......nding it to the hand writing expert for opinion. The learned Advocate lastly, submits that the prayer for hand writing expert opinion at the appellate stage was belated and is a device to prolong the proceeding and being not bona fide should have been rejected by the Appellate Court. Mr. Samad has r..

Category: Procedural Law | Date: | Hits: 90

Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)

....ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......, as such, the decree does not call for any interference by this Division. On limitation he drew our attention to section 37 of the Arbitration Act and submitted that the time consumed in Arbitration proceeding is to be excluded under section 37(5) of Arbitration Act and if that is done, the suit wo..

Category: Civil Law | Date: | Hits: 132

Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)

.... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ......ant Attorney-General—For the State. Criminal Miscellaneous Case No. 1836 of 2000. Judgment Md. Hamidul Haque J. - By this Rule, opposite parties were called upon to show cause as to why the proceedings of CR Case No. 315 (ka) 99 (TR No.172/99) pending in the Court of Magistrate, Ka Zone, S..

Category: Criminal Law | Date: | Hits: 42

Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)

..... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196....... title in the suit land.3. Defendant opposite party Nos.1-5 have been contesting the suit by filing written statement denying all material allegations made in the plaint. 4. When the suit was thus proceeding the plaintiffs filed an application under Order 39 rules 1 and 2 of the Code of Civil Pro..

Category: Procedural Law | Date: | Hits: 81

Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)

....e above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ......spondents as stated above. It may be mentioned that the eye witnesses i.e. P.W.s 2 and 6 inmates of the hut inside whereof incident took place and the wit­nesses i.e. P.W.s 1, 4, 10 and 11 who while proceeding towards hut of the deceased having had heard cry from the direction of the hut of the dec..

Category: Criminal Law | Date: | Hits: 57

Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)

....we find no sub­stance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ......ng been drafted by the Advocate of Bank and the same was executed by the Assistant General Manager DIT Branch but the said compromise petition not hav­ing been filed deceitfully the Bank illegal­ly proceeding with the execution case. 5. Admittedly the writ-petitioner earlier paid a considerable..

Category: Banking Law | Date: | Hits: 95

Md. Yusuf Chowdhury Vs. Administration of Waqf of No. 4, New Eskaton Road, Ramna, Dhaka-1000, 2009, 38 CLC (AD)

....h Court Division com­mitted no illegality in discharging the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 474.......mutwalli Motahar Hossain Chowdhury, but the Administrator of Waqf, compelled the petitioner and his learned Advocate to go out from the Court and the petitioner was not intimated the next date of the proceeding and then hav­ing no other alternative the petitioner filed an application to transfer th..

Category: Trust/Waqf Law | Date: | Hits: 185

Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)

....dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......g the offences mentioned in the Schedule to the Act. However, those provisions are merely directory and deviation from those provisions in lodging an FIR instead of a complaint, would not vitiate the proceedings. 34. It appears that an officer of the Commission conducted an investigation into the..

Category: Anti-Corruption Laws | Date: | Hits: 231

Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)

....ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ......is petition for leave to appeal is directed against the judgment and order dated 11.11.2007 passed by the High Court Division in Writ Petition No.9613 of 2007 so far it relates to staying the further proceeding of Special Case No.14 of 2007 arising out of Metropolitan Special Case No.133 of 2007 ari..

Category: Anti-Corruption Laws | Date: | Hits: 159

Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)

....n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ......timony of defendant No.1 as DW 1 was recorded and the testimony of plaintiff as PW 1 was partly recorded. The suit is of the year 1982. Long 18 years has already elapsed since the commencement of the proceeding. Justice demands that the suit is to be disposed of as expeditiously as possible and a di..

Category: Property Law | Date: | Hits: 27