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....tent of 25% of the deÂcretal dues in default
the Miscellaneous Case shall stand rejected.
Communicate the order at once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 64.
......ained a preliminary decree on 12.05.1991 which was made final on 24.06.2003.
The decree holder bank put the decree in Execution being Artha Jari (Money
Exception) Case No.417/2003. In the execution proceedings auction sale notice
was published in the Daily Ittefaq on 8.6.2005 fixing 14.7.2005 the..
Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19
....med to have been in her service in the post of Lecturer in
EconomÂics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......facto approval of the
order of dismissal being illeÂgal, the order of dismissal is liable to be set
aside. He argues that exhibits marked as Ka -Sa on behalf of the defendants
amply show that the proceeding of her dismissal was not taken by the
resolutions of the Governing Body of the College i..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
....d be discharged as being not maintainable.
In the result, both the writ petitions are discharged without, any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 609.
......rned by the same law.
2. In Writ Petition No.4470 of 1996 Rule was issued calling upon the respondents to show cause as to why they should not be directed to complete the process of departmental proceeding started against. the petitioner vide annexure-D by passing final order within 2 months an..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is afÂfirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......h is a procedural law and needs to be modified with the changing society but the same cannot override the substantive law. He argued that the technicality of procedure to be followed in bringing a proceeding in a Court of law should not stand as a bar in bringing such a suit. He strongly controv..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26.......17(1) of the Family Court Ordinance is the Judge of the principal Civil Court of the District and never a persona designata and the Code of Civil Procedure is very much applicable to family appellate proceeding before the learned District Judge. The learned Advocate further relied on a decision in t..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ......6(8) of the Act to dispose of such application within 180 days, the Commission continued sitting tight on the application. Then, the JTV served a notice dated 14-1‑04 for drawing up a contempt proceeding upon the Commission for not carrying out the direction of the Appellate Division and on 1..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ......arge-sheet on the basis of an investigation embarked on Second first information report leading to registration of Sabujbagh Police Station Case No.69(6)1994 was absolutely illegal and whole criminal proceeding and trial held on the basis of Second First Information Report dated 23-6-1994 was vitiat..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ......on or abuse the power. The main question which this Division has to consider in revision is, whether substantive justice has been done. High Court Division may call for and examine the records of any proceeding before any criminal Court satisfying itself as to the correctness and legality or proprie..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......ief of Section 24 of the Act as denies, validity to registrations obtained by fraud. Section 24 reads thus: "24. Registration to be conclusive as to validity after seven years: In all legal proceedings relating to a registered trade mark, the original registration of the trade mark shall a..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....nt and order dated 24.6.1998 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case Nos. 2693, 2993 of 1997 and Criminal Miscellaneous Case Nos. 771 and 981 of 1998 quashing the proceedings in G.R. case No. 247 of 1997 arising out of Satkhira P.S. Case No. 18 dated......dated 24.6.1998 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case Nos. 2693, 2993 of 1997 and Criminal Miscellaneous Case Nos. 771 and 981 of 1998 quashing the proceedings in G.R. case No. 247 of 1997 arising out of Satkhira P.S. Case No. 18 dated 19.6.1996 pe..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71......., unwarranted, baseless and not maintainable, in that statements of witnesses recorded under section 161 of the Criminal Procedure Code and the charge-sheet on record provide no sufficient ground for proceeding against the accused and that facts and circumstances and materials on record provided no ..Category: Women and Children | Date: 9 May, 2005 | Hits: 84
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ...... Procedure, 1908, (V of 1908) shall, save in so far as is otherwise provided by that Code of by this Act, be the procedure followed in a court of Small Causes in all suits cognizable by it and in all proceedings arising out of such suits: Provided that an applicant for an order to set aside a de..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......plication for revision of award since "the procedure laid down in the provision of the Code of Civil Procedure regarding formal determination separately is not enjoined as compulsory in a arbitration proceeding. We have already found that the application for revision of the award has been filed long..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
State Vs. Md. Nasim and others, 2005, 34 CLC (AD)
....‘2-002. 4. The three respondents appeared before the courts below and were released on bail. Thereafter they moved the High Court Division under section 561A of the Code of Criminal Procedure for quashing the proceeding against them. The aforesaid Criminal Miscellaneous Cases were thus starte...... The three respondents appeared before the courts below and were released on bail. Thereafter they moved the High Court Division under section 561A of the Code of Criminal Procedure for quashing the proceeding against them. The aforesaid Criminal Miscellaneous Cases were thus started in the High ..Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ......applied to the Sub-Divisional Officer, Sadder, Dhaka for release of the property, again on 6-1-1982 he applied to the Sub-Divisional Officer for release of the property and the said officer started a proceeding and by order dated 24-5-1982 and 10-6-1982 expressed opinion that the suit property..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)
....urt of Chief Metropolitan Magistrate, Dhaka. Police investigation is yet to be completed. In the meantime the petitioners filed an application under section 561A of the Code of Criminal Procedure for quashing the proceeding of Motijheel P.S. Case No. 26 dated 9.4.1994 and a Division Bench of the Hig......Metropolitan Magistrate, Dhaka. Police investigation is yet to be completed. In the meantime the petitioners filed an application under section 561A of the Code of Criminal Procedure for quashing the proceeding of Motijheel P.S. Case No. 26 dated 9.4.1994 and a Division Bench of the High Court Divis..Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89
.... to disclose their sources of information is disposed of as no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
......ve offences. Courts of Record are such as have been made so by statute, or by implication of a statute that is, by having statutory power to fine and imprison, are Courts of Record at Common Law. The proceedings of a Court of Record preserved in its archives are called records, and conclusive eviden..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......he Commissioner's letter dated 20‑11-2001; the case has been re‑opened on 29‑12‑2001 without ere filed subsequent to re‑opening of the case and, as such, the entire re‑assessment proceeding under Section 93 of the Income Tax Ordinance is unwarranted, illegal, arbitrary and witho..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......er directing the writ respondent Nos. 1 to 6 to hold a fresh election excluding the appellant as he was a bank defaulter and giving a further direction to the writ respondent No. 4 to initiate proceeding under Sections 199 and 200 of the Penal Code against the appellant along with other pers..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
....le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ......t-in-opposition denying material allegations contending, inter alia, that instant criminal revision has been filed on vague, incorrect, fabricated and concocted statements and grounds only to prolong proceeding of the trial, in view of the allegation that the Central Jubo League Leader Nurul Islam S..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
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