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Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595...Category: Employment/Service Law | Date: | Hits: 125
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......the mischief of section 11, first and foremost requirement is that the Court in which former suit was pending and/or decided must be competent to try subsequent suit. Said Court must be of concurrent jurisdiction both in respect of pecuniary jurisdiction and subject. 45. On 30‑10‑92 the bank ..Category: Civil Law | Date: | Hits: 109
Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)
....t there is nothing on record to indicate what weighted with the learned Subordinate Judge in appointing a receiver for the suit land. The impugned order is not only cryptic in nature but it is also a totally non‑speaking one and such an order is never countenanced by law. 4. Appointment of the ......e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ......e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ..Category: Civil Law | Date: | Hits: 89
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
.... has been able to substantiate his plea of self-defence and he has not exceeded the right, for which he is entitled to get the benefit of section 100 of the Penal Code. The learned Sessions Judge has totally ignored that aspect of the matter and illegally found the appellant guilty of the charge. We......of India in Nishi Kanta Jha Vs. State of Bihar, A 1969 SC 422 and our Appellate Division in State Vs. Lalu Mia, 39 DLR (AD) 117. We find no reason to depart from the principles of law as above in the absence of legal evidence to contradict the portion of the confession, which supports the defence. W......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ..Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......e Bankruptcy Act, 1997 (Act X of 1997), hereinafter referred to as the Act by impugned order. 4. On behalf of the petitioner it was submitted that in view of the scheme of the Act the Court had no jurisdiction either under section 5(1) and/or section 110 of the Act to reject a plaint and having s..Category: Others | Date: | Hits: 185
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
....served legal notice dated 14-6-2007 upon the petitioner but instead of replying to the notice the petitioner asked the respondent No.1 to go to his office on 14-7-2007. But on that day the petitioner totally denied the money transactions and compelled the respondent No.1 to leave his office. The r...... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39.......r the notice was a demand notice or not as contemplated under section 138 (1) (b) of the Act is also a disputed question of fact which could not be decided by the High Court Division while exercising jurisdiction under section 561A of the Code of Criminal Procedure. The High Court Division further c..Category: Criminal Law | Date: | Hits: 75
....ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
......f a person in a great public Department is not one which can be executed on the instant. It involves a great many considerations such as seniority, suitability, salary, and treatment of the period of absence, etc., which are exclusively within the competence of the relevant executive authorities and......ntemner to do a particular thing by a particular date or on a particular day and that he had not carried out the direction."
17. In the above case, it has been further observed as under:
''The jurisdiction in contempt, as I have said before, is a very special jurisdiction and is certainly a j..
Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
.... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ..Category: Property Law | Date: | Hits: 70
Sabdul Ali (Md.) Vs. Md. Mabed Ali Sarker, 1997, 26 CLC (HCD)
.... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ...... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ......n respect of the disputed land and prevented the parties to enter into the disputed land. 3. Mr. Omar Ali Khan, learned Advocate for the petitioner, submits that the learned Magistrate assumed the jurisdiction which he was not permitted to assume in view of the pendency of the civil suits institu..Category: Property Law | Date: | Hits: 75
Prodip Kumar Dutta & another Vs. Mira Rani Dutta and another, 2004, 33 CLC (HCD)
....to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571.......s under section 372 of the Act. 13. Citation is required for fair play. A succession certificate could only be granted in presence of or with the knowledge of the members of the family or in their absence other near relatives left by the deceased. 14. It is true that the applicants made their ......r section 372 of the Act to have a right to citation. 17. In the above view of the matter, there is no escape from the conclusion that learned Joint District Judge miserably failed to exercise the jurisdiction vested in him under section 372 of the Succession Act in issuing citation to brother an..Category: Property Law | Date: | Hits: 69
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....nd therein and breaking the huts. The defendants then erected furniture shop in the suit land in order to change the nature and character of the suit land. 20. In cross-examination, he stated that total suit land was 66 decimals. Entire land of the suit plot was 5.68 acres. He could not say what ......need partition of their land. Submission of Mr. Khandker has therefore got no substance. 47. Lastly, he submitted the suit land out of 5.68 acres was not clearly and properly identified and in the absence of identification, the plaintiffs were not entitled to a decree prayed for. 48. In view o......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ..Category: Property Law | Date: | Hits: 85
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....ifically mentioned that the interest is to be paid from the date of the filing of suit and that is why it should be read as awarded from the date of the decree. This is not a case where the decree is totally silent with regard to the interest but interest has been awarded in the suit with 15% per an......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....ps of the Appellate Division. I have also heard the learned Counsel who moved that leave application before the Appellate Division, Dr. Rafiqur Rahman in Court and he submitted that the two cases are totally different. 20. In that view of the matter, this Court proceeds to pronounce this judgme......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......dicial Committee of the Privy Council in the case of R.V. Bertrand held thus: "The inherent prerogative right and on all proper occasions, the duty of the Queen in Council to exercise an appellate jurisdiction, with a view not only to ensure, so far as may be, the due administration of justice in..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......pressure of Customs Officials he attested the seizure list by putting his signatures which has been marked Ext.1/5. I also put his signature Ext.2/3 in the statement written by the appellant in the absence of P.W.6. This is all that P.W.6 has stated in his examination-in-chief. Undisputedly this w......ts that as offences punishable under section 156(8) of the Customs Act are not triable before the Special Tribunal being a non-schedule offence, the proceeding of the case is illegal and with-out jurisdiction. He submits that as proceeding has been vitiated by joint trial by the Tribunal under t..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......eding which could not be instituted due to atrocities perpetrated by Pakistan occupation army disrupting the normal life and activities. The tenants in this case already having had submitted to the jurisdiction of the Controller can not take the advantage of the President's Order No.12 of 1972. ..Category: Property Law | Date: | Hits: 66
.... period not exceeding seven days and such period may be within or in addition to the period of suspension of the worker for enquiry under sub-section (2) of section 18, if any.
15. Therefore the total period of suspension that can be passed against a worker is 60 days for purposes of enquiry an......9.8.82.
We, therefore, find no ground for interference.
In the result the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 265.
......1983 in the Labour Court at Khulna challenging the continued order of suspension which started on 19.8.82. At the time of trial of the said case it was revealed that the Labour Court at Khulna had no jurisdiction to entertain the said case. Hence the Labour Court at Khulna by order dated 24.4.84 pas..
Category: Labour and Industrial Law | Date: | Hits: 166
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ..Category: Property Law | Date: | Hits: 62
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ......titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ......id Alam Khan, the learned Advocate appearing on behalf of the petitioner, referring the case of Yousuf A Hasan Vs. KM Rezaul Ferdous reported in 48 DLR (AD) 53, submits that the Sessions Judge has no jurisdiction to direct the Magistrate to take cognizance of an offence against any accused. But in t..Category: Criminal Law | Date: | Hits: 81
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140.......the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140.......efore the trial Court and the trial Court repelled their contentions holding that the opposite party Nos. 1-9 as legal representatives of deceased defendant No.18 are very much entitled to invoke the jurisdiction of the Court through an application filed under Order 9 rule 13 of the Code. 9. In t..Category: Procedural Law | Date: | Hits: 67
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
....nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ..Category: Administrative Law | Date: | Hits: 183
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