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Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

..... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ......fore a local authority. We have already seen that the Respondent No.1 is a functionary under it. As such, this petition under Article 102 of the Constitution is maintainable against it. 23. In any view of the matter, Article 102 of the Constitution is enforceable against the Respon­dent No.1 and..

Category: Others | Date: | Hits: 227

Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)

....e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ...... Bengali Coal Company Ltd. Vs. Apear Collieries Ltd. and others, 1926 Cal 412 it was held that no ap­peal lay against an order recording compromise passed under Order 23, rule 1 of the Code. Similar view was also expressed in the case of Onkar Bhagwan Vs. Gamna Lakhaji & Co. 1933 Bom. 205 where..

Category: Property Law | Date: | Hits: 109

Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)

....­peal find answer in the foregoing discussion. For these reasons, this Rule is made abso­lute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ......l, Fatikchari to some other Election Tribunal. Being unsuccessful before the Election Commission he filed an application un­der Order 47, rule 1 C.P.C. before the Election Tribunal, Fatikchari for reviewing the order dated 15.12.1988 striking out the allegation and Election Misc. Case No.1 of 1989 ..

Category: Election Law | Date: | Hits: 194

Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)

....as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21.......ransferred the same to the 1st Court of Additional District Judge by the impugned order on 3.1.1989. 3. Mr. Salimul Hoque Khan Milky appearing in support of this Rule very candidly submits that in view of the decision in A.K.M. Ruhul Amin Vs. District Judge and others, 38 DLR (AD) 172, it is diff..

Category: Election Law | Date: | Hits: 192

Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)

....le is discharged with­out any order as to costs and the suit is restored to its file and number and the order impugned is af­firmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ......g the power under section 151 of the Code." The facts of that case are also somewhat similar to the facts of the instant case. The principle of law enunciated therein, therefore, also supports the view I have taken above. The result is: the Rule is discharged with­out any order as to costs an..

Category: Criminal Law | Date: | Hits: 85

Lal Mia Vs. State, 1989, 18 CLC (HCD)

....n fil­ing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ...... if any specific period is to be supposed to govern the appeal. I would consequently hold that the ap­peal of Hakim Rai had been wrongly thrown out as barred by limitation." 16. This supports the view I have taken here­inbefore to the effect that for a case where neither the provision of the Cr..

Category: Procedural Law | Date: | Hits: 122

TK Oil Refinery and Vegeta­ble Products (Pvt.) Ltd. Sramik League & others Vs. TK Oil Refinery and Vegeta­ble Products (Pvt.) Ltd. and an­other, 1989, 18 CLC (HCD)

....ter by implication without any sub­stance. There is no merit in this application. According­ly, this application is rejected in limine. Ed. This Case is also Reported in: 42 DLR (1990) 13. ......his case the allegations constituted civil dispute inasmuch as the relief sought for is for declaration of the issuance of the certificate on the allegation of fraud and other matters. It is true, in view of the provision of sec­tion 10(2)(1)(b) the Registrar himself can challenge the registration ..

Category: Labour and Industrial Law | Date: | Hits: 178

Saidur Rahman Vs. State, 1992, 21 CLC (HCD)

....e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ...... Divisional Special Judge without examining the witnesses afresh and also adopting the evidence of the Martial Law Court, proceeded with the trial and thereby committed a gross illegality and in that view of the matter the order of conviction and sentence cannot be sustained. 4. Mr. AQ Rashid Ahm..

Category: Criminal Law | Date: | Hits: 98

Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)

....under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ......ower like those given under Order 9 or Order 39 rule 1 of the Code of Civil Procedure which the civil Court may exercise in a suit but are in no sense necessary for deciding an industrial dispute. In view of the aforesaid decision Labour Court adjudicating an industrial dispute cannot exercise power..

Category: Labour and Industrial Law | Date: | Hits: 177

Ahad Miah Vs. State, 1997, 26 CLC (HCD)

....etitioner, to file hajira by him and to sign the register. In the result, this application is allowed with the aforesaid observation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 200.......er not only puts restriction on the liberty of movement of a citizen but as well is unwarranted as that has been done without any sanction of law and partakes the nature of contempt of Court. In this view of the matter, however, we without proceeding further for such unwarranted order of the Distric..

Category: Criminal Law | Date: | Hits: 86

Seraj Miah Vs. State, 1997, 26 CLC (HCD)

....assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ......on was at the time of giving evidence aged 6 years and a student of senior Class I and at the time of the occurrence she was aged four years and four months. We find no reason from taking a different view from that taken by the trial Court on this score. 22. The first information report was lodge..

Category: Procedural Law | Date: | Hits: 94

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189.......is recovered from any person or from any place the police then and there lodge the FIR and try to arrest the person concerned but here they waited for about 20 days in lodging the FIR. The consistent view of the higher Courts of this sub‑continent is that the unexplained delay in lodging the FIR m..

Category: Criminal Law | Date: | Hits: 89

State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)

....dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ...... confession of co-accused certain­ly can be used as against other co-accused but for a limited purpose and that is only to lend assurance to any other evidence against them, but, that cannot, in any view of the matter, be the sole basis for conviction of their co-accused". The State Defense Lawy..

Category: Criminal Law | Date: | Hits: 131

Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)

....spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ......orporation specifying the duties of the Commissioners elected in the general seats and in the reserved seats. 18. Mr. Md. Ozair Farooq, Advocate, submitted on behalf of the respondent No.3 that in view of the fundamental principle of State policy contained in Article 10 of the Constitution, the p..

Category: Constitutional Law | Date: | Hits: 443

Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)

....rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......at the suit is a suit for partition. The sole plaintiff who relinquished her share in the suit land has filed a compromise petition in Court allegedly in collusion with the defendant Nos.13-16 and in view of the fact that these defendant petitioners claim share in the suit land through the admitted ..

Category: Civil Law | Date: | Hits: 154

Moktar Ali Bepari Vs. State, 1997, 26 CLC (HCD)

.... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ......tunity of showing cause against such enhancement when an appeal is filed under section 417A of the Code of Criminal Procedure by a complainant against any sentence on the ground of its inadequacy. In view of the provisions of section 404 of the Code, no appeal shall lie from any judgment or order of..

Category: Criminal Law | Date: | Hits: 96

Abdul Qayum Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....citizenship or he owned allegiance to any other country. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340.......d not appear in the list of abandoned properties published on September 23, 1986 in Bangladesh Gazette. 6. Mr. AF Hasan Ariff, the learned Deputy Attorney‑General, appeared in the case and in view of the legal position and the Annexures submitted in the Writ Petition, he found it difficult t..

Category: Immigration and Citizenship Law | Date: | Hits: 178

Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)

....trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ......on is whether an appeal lies to the District Judge from order of the trial Court refusing the prayer for temporary injunction in a suit for specific performance of contract valued at Tk. 48,000.00 in view of the amendment of section 21 of the Civil Courts Act, 1887 changing the forum of appeal by Or..

Category: Procedural Law | Date: | Hits: 102

Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)

.... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ......ure of the Civil Courts subject to its superintendence and may by such rules annul, alter or add to all or any of the rules in the First Schedule." 18. From this it appears that the legislature in view of special reasons has given the power to make rules under the said Code to the Supreme Court i..

Category: Others | Date: | Hits: 226

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

....o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: .......VII of 1978 and hence he cannot claim the suit property, already vested in the Government as an abandoned property. On the basis of his subsequent acquisition of citizenship, it is submitted that in view of the plaintiff's failure to ask for recovery of possession in his earlier suit., O.C. Suit No..

Category: Property Law | Date: | Hits: 111