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Deputy Commissioner and Chairman, District Fisheries Tender Committees & others Vs. Md. Aswab Ali and others, 2000, 29 CLC (HCD)

....costs. The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated. Ed. This Case is also Reported in: 53 DLR (2001) 183.......g materials before court explaining delay that delay is not required to be condoned. The fundamental question in determining the question of limitation is whether the delay in presenting an appeal or proceeding has been satisfactorily explained. The question as to whether the delay has been explaine..

Category: Limitation Law | Date: | Hits: 152

Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)

....h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......ge 83. In view of those decisions, I am of the opinion that both the courts below com­mitted error in law occasioning failure of justice in holding that the present plain­tiffs were aware about the proceeding of Title Suit No.16 of 1985 and conse­quently those findings are not sustainable in law...

Category: Property Law | Date: | Hits: 79

SN Goswami, Advocate and another Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

.... and day out during the tenure of their office. In view of our aforesaid discussions, the application is summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 332. ......Rahman as his Lordship then was observed: "Thus I hold that a person approaching the court for redress of a public wrong or public injury has sufficient interest (not personal interest) in the proceedings and is acting bona fide and not for his personal gain or private profits, without any po..

Category: Constitutional Law | Date: | Hits: 126

Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)

....in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ......, the pre-emption Case that was filed against a co-sharer by inheritance is not maintainable. 4. The trial Court framed necessary issues and on consideration of the same found that the pre-emption proceeding is not bad for defect of parties. The trial Court also found that the pre-emption Case wa..

Category: Property Law | Date: | Hits: 31

Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)

.... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ......t of lawyers who appeared before this Court when the appeal was admitted also appeared before the learned Assistant Judge as well as before the learned Subordinate Judge and he was fully aware of the proceedings and it was also submitted that the respondents on receipt of the notices from the learne..

Category: Business or Commercial Law | Date: | Hits: 207

Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)

.... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ...... Designata’. ‘District Judge’ having been the ‘Principal Judge of the Civil Court’ of the District, the provisions of the Code of Civil Procedure is very much applicable to Family appellate proceeding before District Judge or the transferee Judges like Additional District Judge and Subordi..

Category: Family Law | Date: | Hits: 152

Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)

.... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ...... Md. Mozammel Hoque J. - These three applications namely, Contempt Petition No.73 of 2000, Contempt Petition No.75 of 2000 and Contempt Petition No.79 of 2000 have been filed for drawing up a proceeding for contempt of Court against Sheikh Hasina, the Prime Minister of Bangladesh. One applic..

Category: Criminal Law | Date: | Hits: 49

Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)

....ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ......o, we are of the view that unless and until the order passed by the learned Sessions Judge is set aside by a competent Superior Court, the legality or propriety of the order cannot be decided in this proceeding under section 491. 5. We have noticed that while expounding the principle of “im..

Category: Criminal Law | Date: | Hits: 33

Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)

....f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ......impugned order is liable to be set aside. He further submits that the appellate Court below having given his full consideration on the laches and negligence of the plaintiff-appellant in pursuing the proceeding while rejecting the aforesaid application the impugned order is not sustainable in law in..

Category: Property Law | Date: | Hits: 29

Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)

....ly, Md Shamsuddin Ahmed alias Alauddin, Shyamal Mallick and Md Matiul Alam filed Criminal Miscellaneous Case No.3231 of 1997 before this Court under section 561A of the Code of Criminal Procedure for quashing the said Special Tribunal Case. Eventually, a Division Bench of Court by Judgment and Order......cedure for quashing the said Special Tribunal Case. Eventually, a Division Bench of Court by Judgment and Order dated 27-11-1997 made the Rule absolute in the said Criminal Miscellaneous Case and the proceeding of Special Tribunal Case No.348 of 1996 of the Court of Special Tribunal No.1 Satkhira wa..

Category: Criminal Law | Date: | Hits: 101

Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)

....িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ......is non-appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal upon such terms as to costs or other as it thinks fit, and shall appoint a day for proceeding with the suit. 5. The learned Assistant Judge felt that the plaintiff had failed t..

Category: Civil Law | Date: | Hits: 80

Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)

....efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ...... has been in jail hajat. No criminal Case is pending against the petitioner in any Court in Bangladesh and, as such, he is entitled to be enlarged on bail. It has further been stated that the alleged proceeding having taken place in the United Kingdom, being outside the jurisdiction of Bangladesh th..

Category: Criminal Law | Date: | Hits: 87

Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)

.... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ...... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ..

Category: Property Law | Date: | Hits: 28

Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)

....s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......ion of the company and substituted the names of respondent Nos. 2 and 3 as Chairman and Managing Director respectively in place of former Chairman and the Managing Director. The company forwarded the proceeding of the annual general meeting as aforesaid and the extraordinary general meeting Annexure..

Category: Business or Commercial Law | Date: | Hits: 198

Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)

....ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ......7 of the Code of Civil Procedure the application is not maintainable in its present form.’ 5. Mr AJ Mohammad Ali, the learned Advocate appearing for the petitioner submits that the execution proceeding is barred both under the provisions of section 48 of the Code of Civil Procedure and arti..

Category: Civil Law | Date: | Hits: 82

Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)

....ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ......nce much time had to be wasted because on a number of occasions the defence on various pleas went in revision the High Court Division and also in appeals the Appellate Division, though unsuccessfully proceedings remained stayed on those occasions and, as such, for the cause of the defence the being ..

Category: Criminal Law | Date: | Hits: 26

Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)

.... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ...... VP Case initiated in respect of the suit land is illegal, void and without any lawful authority. On the death of Tayeb All, his heirs, present petitioners, after being substituted continued with the proceedings. 3. The plaint Case, in short, is that: 8 annas of plot No. 1522 measuring 0.08 acre ..

Category: Property Law | Date: | Hits: 22

Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)

....absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ...... he was conducting his Court on 5-7-1998, at about 16-30 hours, one of the accused, namely, Mohammad Ali Khan, was dozing in a chair in his Court-room and was yawning which caused interruption in the proceedings of the Court, as such, the petitioner drew a proceeding under section 480 of the Code of..

Category: Criminal Law | Date: | Hits: 29

Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)

....llaneous Case No. 3493 of 1995. Judgment Surendra Kumar Sinha J.- This Rule arises upon an application filed by the accused petitioners under section 561A of the Code of Criminal Procedure for quashing the proceedings in Court Case No. 520(1) of 1995 pending in the Court of Magistrate 1st Cla...... No. 3493 of 1995. Judgment Surendra Kumar Sinha J.- This Rule arises upon an application filed by the accused petitioners under section 561A of the Code of Criminal Procedure for quashing the proceedings in Court Case No. 520(1) of 1995 pending in the Court of Magistrate 1st Class, Tangail. ..

Category: Criminal Law | Date: | Hits: 59

Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Others Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

.... Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services. Ed. This Case is also Reported in: 53 DLR (2001) 1. ......alms and by no stretch of imagination in the facts and circumstances of the Case, the evicted inmates of the Tanbazar and Nimtali could be termed or treated as Vagrants. In the absence of any regular proceeding treating the said inmates to be vagrants by the attending Magistrate, we have no hesitati..

Category: Constitutional Law | Date: | Hits: 264