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Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)

....l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......e mandatory provisions of law was not followed the learned Sessions Judge ought to have con­doned the delay and should not have dismissed the appeal summarily without deciding the same on merit. The order passed by the learned Sessions Judge dismissing the appeal summarily on the ground of limitati..

Category: Criminal Law | Date: | Hits: 110

Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)

....ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......he Respondent. Criminal Appeal No.1670 of 2002. Judgment Syed Mohammad Ziaul Karim J.- This appeal at the instance of convict appellant Md. Sayem Islam, is directed against the Judgment and order dated 22-05-2002 passed by Metropolitan Special Tribunal No.11, Dhaka in Metropolitan Special ..

Category: Criminal Law | Date: | Hits: 103

Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)

....itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ......rong forum, the learned Judge ought to re-admit after setting aside the ex parte dismissal of the appeal without fixing the matter on subsequent date. It is principle of law that dismissal of default order in the absence of any party is gener­ally signed before rising of the Court. If the appellant..

Category: Procedural Law | Date: | Hits: 154

Reliant Commodities & Technologies Pte. Ltd. Vs. Bangladesh Chemical Industries Corporation, 2007, 36 CLC (HCD)

.... by Reliants letters, all dated 15-01-2007, notifying BCIC of the further complexity in the form of 'a coinciding force majeure situation' having arisen in the mean­time due to the imposition by the Government of the People's Republic of China of a prohibi­tion tax in the form of export duty at th......No.2, The City Bank Ltd. (hereinafter referred to as 'the Bank') in each of these cases shall not be restrained from encashing and making any payment under the specified bank guarantees until further orders. It is also evident that pursuant to each such Order of this Court, and pending the hearing o..

Category: Alternative Dispute Resolution | Date: | Hits: 589

Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)

.... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ......osite Parties Nos.1‑3. Civil Revision No.660 of 1993. Judgment Md. Joynul Abedin J.- This Rule at the instance of the purchaser-­pre‑emptee petitioner calls in question the Judgment and order dated 28‑11‑92 passed by the Additional District Judge, First Court, Sylhet dismissing Mis..

Category: Property Law | Date: | Hits: 155

Abdul Halim Talukder alias Chand Mia Talukder Vs. Md. Hazrat Ali Talukder and others, 1997, 26 CLC (HCD)

....ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 564. ......a, Advocate ‑ For the Petitioner. Md. Abdul Quddus, Advocate ‑ For the Opposite Parties. Civil Revision No.3455 of 1995. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 22‑5‑1995 passed by the learned Subordinate Judge, 3rd Court, Mymensingh in Partitio..

Category: Procedural Law | Date: | Hits: 152

Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....) (1998) 633. ......nt Attorney‑General ‑ For the Respondents. Writ Petition No. 4908 of 1997. Judgment Mahfuzur Rahman J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the order of warrant of commitment of sentence of imprisonment passed by the District and Sessions Judge..

Category: Criminal Law | Date: | Hits: 88

Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)

....n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......s Case No. 2529 of 1997. Judgment Md. Nurul Islam J.- By this application under section 561A of the Code of Criminal Procedure accused petitioner Abul Kashem Bhuiyan sought for quashment of the order dated 19‑2‑97 passed by the learned Magistrate, 1st Class, Khagrachari Hill Tracts in CR C..

Category: Criminal Law | Date: | Hits: 89

Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)

....) of the Negotiable Instruments Act and thus, trial Court itself cannot be the appellate Court. 12. Section 9 of the Code of Criminal Procedure runs as follows: 9. Court of Sessions.— (1) The Government shall establish a Court of Sessions for every sessions division and appoint a Judge of su......1 pending in the Court of Joint Metropolitan Session Judge, 5th Court, Dhaka. The accused petitioner filed the said application in another bench and after hearing the same, was fixed on 12-7-2001 for order; in the meantime the constitution of that Bench had changed and the record of the Case was sen..

Category: Procedural Law | Date: | Hits: 167

Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)

....jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ...... before us is to be resolved by the trial Court, on hearing the parties and on examination of the evi­dence produced before the Court. In the result, the application is summarily rejected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to th..

Category: Criminal Law | Date: | Hits: 123

State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)

....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......udge), Druta Bichar Tribunal No.4, Dhaka, for confirmation of sentence of death, awarded by him upon accused Zakaria Kabiraj convicting him under sections 302/34 of the Penal Code by the Judgment and order dated 31-1-2007 passed in Druta Bichar Tribunal Case No.5 of 2006, Criminal Appeal No.690 of 2..

Category: Criminal Law | Date: | Hits: 147

Idris Miah (Md.) Vs. State, 1998, 27 CLC (HCD)

....ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ...... ‑ For the Petitioner. Md. Mostafa, Assistant Attorney‑General ‑ For the State. Criminal Revision No.1985 of 1992. Judgment Md. Hamidul Haque J.- This appeal is directed against the order dated 31‑10‑92 passed by the Special Tribunal No.3 Habiganj in Special Tribunal Case No.43..

Category: Criminal Law | Date: | Hits: 72

Rafiqul Alam Vs. Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others, 1997, 26 CLC (HCD)

.... Present: AM Mahmudur Rahman J Abu Sayeed Ahammed J Rafiqul Alam……………………..Petitioner Vs. Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others …………&he......s decree was plaintiffs appeal was dismissed. The High Court Division in Civil Revision No.3519 of 1993 set aside the judgments and decree of the Courts below and decreed the suit by its judgment and order dated 7‑7‑1997. The High Court Division also directed to restore possession of the suit pr..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 99

Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)

....fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ......ndicates that summons upon substituted Defendant nos. 18(ka)-18(gaha) had been served. Nineteenth Defendant, also, breathed his last and heirs had been substituted as Defendant Nos. 19(ka)-19(Ja) and order dated 7.10.1992 demonstrates that, summons upon substituted Defendants 19(kha)-19(Ja) had been..

Category: Procedural Law | Date: | Hits: 120

Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....vision (Special Original Jurisdiction)      Present: Shah Abu Nayeem Mominur Rahman J Shahidul Islam J Md. Aftab Uddin…………………Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by the Cabinet Secretary and Chairman......dvocate appearing for the Respondent No.5 objecting to the Rule on the issues of maintainability and the locus standi of the writ petitioner in the instant case and we hold that the application is in order and the petitioner has locus standi to challenge the holding of the office of Secretary-in-Cha..

Category: Constitutional Law | Date: | Hits: 361

BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)

....scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ......tion of law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as follows: Let a Rule Nisi calling upon the respondents to show cause as to why the judgment and order dated 16.10.2005 passed by respondent No.1 (Annexure-C) should not be declared to have been pa..

Category: Labour and Industrial Law | Date: | Hits: 138

Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)

....directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ......to implement the recommendation of the committee dated 23.11.2002 fixing the seniority of the petitioner in the gradation list above respondent Nos. 8-15 (Annexure-O) and to comply with the direction/order dated 13.1.1991 of the Ministry of Agriculture (Annexure-I) and to consider the case of the pe..

Category: Employment/Service Law | Date: | Hits: 144

Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)

....nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ...... of 2003. Judgment Siddiqur Rahman Miah J.- The revisional application under section 115(1) of the Code of Civil procedure at the instance of the plaintiffs is directed against the judgment and order dated 22.07.2002 and another order dated 27.08.2002 passed by the learned Joint District Judge..

Category: Property Law | Date: | Hits: 85

Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)

....ne 26, 1996. Result: The Rule is made absolute. Cases Referred to- Rahela Khatun Vs. Chairman, Court of Settlement, 15 DLR 5; Gannysons Limited Vs. Sonali Bank and others, 37 DLR (AD) 42; Government of Bangladesh Vs. Mirza Shahab Ispahani, 40 DLR (AD) 116; Md. Ayub Ali Vs. Bangladesh, 45......Advocate ‑ For Respondent No.4. Writ Petition No.3 of 1988. Judgment Md. Abdul Matin J.- This Rule was issued calling upon the respondents to show cause as to why the impugned Judgment and order dated 7‑10‑87 passed by the respondent No.1 in Settlement Case No.526 of 1987 (Ka‑1005â€..

Category: Property Law | Date: | Hits: 107

Shawqat Ara Salahuddin and others Vs. Government of the People's Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....me Court High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Shawqat Ara Salahuddin and others………………Petitioner Vs. Government of the People's Republic of Bangladesh and others………………Respondents Judgmen......he Government. On the application of the petitioners the respondent No.1 by the letter dated 2‑8‑87 asked the petitioners to submit certain papers and documents as mentioned in the said letter in order to consider their application for mutation. As per letter of respondent No.1, the petitioners ..

Category: Property Law | Date: | Hits: 119