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Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)
....acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360.......cedure and issued the impugned order. 14. We have heard the learned Advocates of the petitioner and the respondents, perused the affidavit-in-opposition, connected papers etc. and the materials on record. 15. It appears that the post of the petitioner has been declared vacant due to the no con......acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360...Category: Others | Date: | Hits: 136
.... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
...... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
...... stretch of imagination it cannot be said that the impugned circular has flouted the scheme of "universal self declaration".
36. We have also gleaned from the entire gamut of argument pressed into service by the learned Advocate for the petitioner and the learned Attorney General and came to a de..
Category: Fiscal/Taxation Law | Date: | Hits: 227
....o the pronouncement of the judgment since the Court is the master of it’s own procedure and it will exercise both its procedural and substantive discretion only on the ground of justice, equity and good conscience.”
39. The Appellate Division in the same case continued to assert the propositi...... there was no office copy of the INTERVIEW CARDS issued to the applicants.
iii. There is no receipt and no financial statement of issuing or sending the INTERVIEW CARDS by post.
iv. There is no record to show the attendance of the so-called appointees, which is a serious violation of Governmen......eport dated 31.12.2009 the authorities were questioned and then Respondents filed a G.D. to protect themselves. On the other hand, the creation of the posts were not in the schedule of the University service statute and financial proposal were not approved by the Senate meeting of the National Unive..
Category: Administrative Law | Date: | Hits: 371
Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)
....iraj was brought out of the water by Rupia and Mustafa. 10. P.W.8 Kazi Abdul Wadud was also living on the bank of the tank who stated in his evidence that he went to the shop of Sultan to buy some goods and found that accused Rashid and Siraj were engaged in quarrel. Accused Shava and Rashid push......s saw the occurrence and Siraj was taken out of the water. He became unconscious and was taken to Chandina Hospital for treatment wherein doctor declared him dead. On receiving the information police recorded a diary and came to the hospital and made inquest of the dead body. Thereafter on the follo......t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ..Category: Criminal Law | Date: | Hits: 117
Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
.... "Under a rule which provides that a member may be expelled if his conduct, in the opinion of the committee, is injurious to the character and interest of the club, the committee must not only act in good faith, and after due notice to the member whose conduct is attacked, but also must act with rea......28.2.96 is hereby vacated. No order as to costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ......28.2.96 is hereby vacated. No order as to costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ..Category: Civil Law | Date: | Hits: 110
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
....d circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11.......ined himself on behalf of the contesting defendants. D.W.2 was examined for defendant No.1 to claim a saham. Certain Khatians were produced by the plaintiffs to prove that their names appear in those record of rights. 5. The learned Subordinate Judge on consideration of the materials on record ......d circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11...Category: Property Law | Date: | Hits: 93
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
....ppellate Court below calls for any interference in revision. In the result the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ......r could not be produced by him after the exercise of due diligence when the decree was passed or order made. Or there may be some clerical or arithmetical mistake or error apparent on the face of the record or there may be any other sufficient reason within the meaning of order 47 rule 1 which, if p......al statute and the special statute confers only the right of appeal, maintaining silence over the right of review, can it be said that section 141 of the Code of Civil Procedure may be pressed into service and the remedy of review may be made available to the parties? 6. This question has been ..Category: Procedural Law | Date: | Hits: 119
Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)
....have committed some cognizable offence. Similarly in cases instituted upon a complaint it is also the sacred duty of the Magistrate to issue process only against those persons against whom there is good reason to believe that they have committed a criminal offence. And when the witnesses and the a......in view of the provisions of section 6 of the General Clauses Act, 1897. 4. The provisions of the repealed section 437 of the Code of Criminal Procedure were as follows: "When, on examining the record of any case under section 435 or otherwise, the Sessions Judge or District Magistrate conside...... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ..Category: Criminal Law | Date: | Hits: 92
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
....qbal Chowdhury who was the student of 5th year MBBS of Chittagong Medical College bearing Roll No.31 for Sessions 1987-88. He was the Vice-President of Chittagong Medical Chhatra Sangshad having a good academic and cultural family background. He got himself admitted in the Medical College having......t or to give it circulation by way of publishing in any Local Daily asking delinquent students to appear before the meeting of Disciplinary Committee. Furthermore, there is nothing to show from the record that any notice was issued and or served on the petitioners asking them to show cause as to...... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ..Category: Others | Date: | Hits: 168
Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)
....tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ...... of the three suits from the Court of the learned Subordinate Judge to the Court of the learned District Judge is not tenable and should be dismissed. 13. Before parting with the matter, we put on record our appreciation for the valuable assistance we have received from Mr. Abdul Wadud Bhuiyan, w......ed orders dated 30‑8‑94 accepted the written statement filed by the defendant fixing a date for framing issues even though the defendant did not obtain leave from the Court within ten days of the service of summons to appear and defend the suit in the face of clear requirement of rule 2, Order 3..Category: Civil Law | Date: | Hits: 87
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......ef Judicial Magistrate, Rangpur but those applications were rejected. The learned Additional Chief Judicial Magistrate by an order dated 10-6-2008 directed the Mithapukur Police to hand over the case records to the local Durniti Daman Office for holding investigation. Challenging the proceeding the ......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54...Category: Anti-Corruption Laws | Date: | Hits: 142
SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)
....6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51....... still under mortgage with the Bank. He adds that the suit land situated in urban area, so the parties have a right to develop its specific area. He lastly submits that after considering materials on record the Courts below rightly refused to grant an order of injunction which calls for no interfere......6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51...Category: Civil Law | Date: | Hits: 111
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37.......ts submitted by the plaintiffs, the defendant No.3 informed them that the suit land was never included in the censor list and the same is not leased out to anyone, but in the RS Khatian the lands are recorded as vested property. 6. It has also been stated that recently the plaintiffs came to know...... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37...Category: Property Law | Date: | Hits: 147
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....the same force and effect as if such fee had been paid in the first instance. Their Lordships set aside the order of dismissal of the suit and remanded the suit for allowing the plaintiff to make good the deficiency in the Court fee. The Supreme Court of Pakistan then in appeal dismissed the lea......o to be fulfilled to attract the bar of res judicata under section 11 of the C.P.C. In the instant case the parties may be the same, the Subject matter may also be the same, but there is nothing on record to show that the parties are litigating under the same title and the matter in issue in Misc.......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ..Category: Procedural Law | Date: | Hits: 174
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....estion that he had told the Police that Suily died by taking endrin. He stated that he heard that Suily got some land by way of Hiba‑bil‑Ewaz by the accused. He denied a suggestion that Suily had good relationship with the accused. He denied a suggestion that he was deposing falsely. 18. P.W.......pleaded not guilty but did not examine any defence witness and only submitted some papers. The learned Special Tribunal on consideration of the facts and circumstances of the case and the evidence on record was pleased to find the accused appellant guilty under section 6 of the Cruelty to Women (Det......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ..Category: Criminal Law | Date: | Hits: 135
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......s Darika Nath and Girish Chandra. They each inherited 4 annas share. Chandra Nath died leaving only son Sukmon Singh who inherited the entire 8 annas share of his father. The CS khatian was correctly recorded accordingly in the name of Darika Nath, Girish Chandra and Sukmon. Darika Nath died leaving......tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ..Category: Property Law | Date: | Hits: 123
Abdus Satter Bhuiya Vs. Deputy Commissioner Dhaka & Others, 1988, 17 CLC (HCD)
....nd there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summarily. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ......of Criminal Procedure was issued for production of documents and the same was served upon the petitioner on 21.4.86. It has also been mentioned that the petitioner was required to produce documents/record relating to assets. But he did not produce the same. The learned Chief Metropolitan Magistr......nd there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summarily. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ..Category: Procedural Law | Date: | Hits: 118
Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
....ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is decreed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ......vocate appearing for the opposite parties, has submitted by making reference to the case of Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 40 DLR (AD) that in view of the pleadings and evidence on record the present case is an example of waiver and acquiescence and as such although the defendants......ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is decreed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ..Category: Tenancy Law | Date: | Hits: 214
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
.... 13-8-88 at 11-30 A.M. and after search of his house found huge number of Indian sarees and medicines in the house of the accused petitioner and also in the tin-shed attached to his house. The said goods were seized by the police but no valid papers could be shown by the inmates of the house of th......firstly, that the learned Sessions Judge while acting as Sessions Judge has, no doubt, jurisdiction and power under section 435 read with section 436 of the Code of Criminal Procedure to call for the records from the Court of the learned Magistrate for the purpose of looking into it and passing nece...... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ..Category: Criminal Law | Date: | Hits: 103
Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)
..... The Sessions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ...... conspiracy with the accused petitioners. The police after investigation submitted charge sheet on 9.12.84 under sections 302/114/34 of the Penal Code against the accused persons. Thereafter the case records were received by the Sessions Judge, Tangail on 9.12.86 and the case remained pending till 5....... The Sessions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ..Category: Procedural Law | Date: | Hits: 143
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