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Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
.... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ...... with section 3(1)(a) of the Special Powers Act as the detenu had been indulging in 11 prejudicial acts" as defined in section 2(f) of the said Act and it was necessary to put her in detention with a view to preventing her from committing such further prejudicial acts. It has also been averred that ..Category: Constitutional Law | Date: | Hits: 299
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ...... Writ Petition No. 3025 of 1996 with Writ Petition Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of facts as well as laws are involved in these cases and, a..Category: Employment/Service Law | Date: | Hits: 216
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......on 32(8) of the Income Tax Ordinance 1984. This opinion was circulated to various Deputy Commissioners of Taxes including the respondent No.1. Under section 8 of the Income Tax Ordinance, 1984 this view of the National Board of Revenue was binding on the respondent No.1 On receipt of the circular ..Category: Fiscal/Taxation Law | Date: | Hits: 170
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......y and grudge started on the basis of a forged document created for the purpose of this case to harass the accused. It is pointed out on behalf of the complainant opposite party that apparently with a view to deny his signature in the Chuktipatra (agreement) the accused has started signing his name i..Category: Criminal Law | Date: | Hits: 362
Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)
....cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......sioner's report for the first time on 22.03.1983. 5. By the impugned order dated 15.05.1985 the learned Subordinate Judge rejected the petitioners' application under section 151 C.P.C. holding the view that the order dated 20.09.1978 accepting the Advocate Commissioner's Report of local investi..Category: Procedural Law | Date: | Hits: 106
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......the said party now to turn around and say that the Arbitrator has no jurisdiction. Moreover, objection as to jurisdiction being "technical" in nature, the same is not tenable at a belated stage. This view finds support in the case of Coal Controller Vs. Ventura Industries Ltd, reported in 45 DLR (AD..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......ition) is taken, to set the law in motion. It is not necessary that the case should have been set down for trial. Equally, it seems clear that proceedings are not pending before this time. This view is supported by the judgment of North, J. in Re Crown Bank. Here a series of articles had been ..Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603.......materials and, furthermore, it is not disclosed as to whether this was placed before the detaining authority and/or was used as a materials for the satisfaction of the detaining authority. In any view of the matter, the learned Counsel submits that this news item is quite irrelevant for holdin..Category: Criminal Law | Date: | Hits: 156
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
....assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ......tement and he took the same plea as in the earlier Title Suit No.210 of 1981. The defendant filed an application on 13.3.1985 under Order 7 rule 11 CPC for dismissing the Title Suit No.188 of 1982 in view of the dismissal of the earlier Title Suit No.210 of 1981. The learned Munsif by his Order No.3..Category: Civil Law | Date: | Hits: 166
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597....... impugned judgment passed by the learned Additional District Judge in Title Appeal No.323 of 1969 is hereby set aside and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (H..Category: Property Law | Date: | Hits: 122
Abdul Aziz Vs. State, 1990, 29 CLC (HCD)
.... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ......instance committed an illegality leading to miscarriage of justice in not awarding proper sentence against the Respondents. He has taken me through the judgment of the court below and submits that in view of the deposition of P.W.2, the victim Mohiuddin, P.W.5 Md. Tofazzal Hossain and P.W.6 Md. Habi..Category: Criminal Law | Date: | Hits: 110
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589....... the Employment of Labour (Standing Orders) Act, 1965 hereinafter referred to as the Standing Orders Act and hence the Civil Suits were barred. 4. The trial Court did not accept the plea on the view that the plaintiffs were not workers and decreed the suits in favour of the plaintiffs. Both th..Category: Labour and Industrial Law | Date: | Hits: 176
Liton Vs. State and others, 1995, 24 CLC (HCD)
.... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ......irmatory, but an affirmatory section. Nevertheless the High Court Division entertains under this section only those applications which are not contemplated by the Code of Criminal Procedure. 3. In view of this legal position the High Courts of our sub‑continent used to quash criminal proceeding..Category: Procedural Law | Date: | Hits: 140
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......t no action was taken against him. This case has been filed just for humiliating the members of the Joypurhat Bar Association under some misconceptions are the case itself does not come within the purview of professional misconduct or other misconduct. In this case the complainant examined six witne..Category: Others | Date: | Hits: 139
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
....been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ......assed the impugned order on 16.8.95, the aforesaid building at Nazimuddin Road Dhaka was not notified under section 9(2) of the Code of Criminal Procedure to be a Court of Sessions Judge. So, in our view, that order dated 16.8.95 was passed absolutely without jurisdiction inasmuch as the place wher..Category: Criminal Law | Date: | Hits: 121
KM Mahmudur Rahman and others Vs. State, 1995, 24 CLC (HCD)
....ings of the Marine Court. In the result, the Rule is discharged and order of stay stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 92. ......al of the said case Government order was received and in pursuance of the said order a proper application for revival was filed by the said prosecuting officer through the said appointed Advocate. In view of the same we find no merit in the contention of the learned Advocate for the petitioners that..Category: Criminal Law | Date: | Hits: 88
Mizan Howlader Vs. Bangladesh, 1995, 24 CLC (HCD)
....stated above, this petition fails and is liable to be rejected. Accordingly, we reject this petition without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 91. ......of this Division and the Appellate Division that for inordinate delay a Writ Petition is liable to be rejected. This petition is not only not maintainable but as well suffers from inordinate delay in view of the facts that the Gazette Notification impugned is of November 14.11.1992 while the petitio..Category: Constitutional Law | Date: | Hits: 247
Abdur Gafur Vs. State, 1995, 24 CLC (HCD)
....he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.......on for prosecution of the accused. Thus it appears that clear intention of the law is that sanction will be required not for taking cognizance but for starting prosecution of the accused. This is the view of Appellate Division in the case of Mohammed Ali Vs. State reported in 35 DLR (AD) 324. In tha..Category: Criminal Law | Date: | Hits: 112
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......contrary decision was given by another Division Bench of High Court Division in the case of Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna & another, 29 DLR 148. In that view of the matter their Lordships held in the case reported in 33 DLR 376 that since the subsequent..Category: Procedural Law | Date: | Hits: 180
....gards demolition of the structures raised by the defendants.
The Rule is accordingly disposed of. There shall be no order as to costs.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 8.......on from suing to establish his title to such property and to recover possession thereof. No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed."
6. The above provision clearly lays down that if a ..
Category: Property Law | Date: | Hits: 119
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