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Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
..... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ......mptory hearing stage and 5 witnesses have been examined and, as such, High Court Division was in serious error in allowing the defendant No. 52 to make construction when the hearing of the suit is proceeding and is likely to be terminated without delay. 19. The learned Counsel for th..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
.... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ......t on 02.09.1989 with the recommendation to transfer the respondent elsewhere and accordingly, the respondent was transferred from Muladi. 3. On 28.05.1992, almost after three years, a proceeding was drawn up against the respondent under the provisions of the Government Servants (Dis..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......urt Division in revisional jurisdiction and obtained the Rule. 7. The High Court Division made the Rule absolute on the finding that the courts below, particularly trial Court, were in error in proceeding with the premise that the plaintiffs in their pleading have admitted possession of the ..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
.... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ......of Civil Procedure aims to prevent such procedural technicalities. Non compliance of the procedure for marking the exhibits and to prepare the exhibits list does not destroy the validity of the Court proceeding. The Court may at any stage of the suit reject any document which it considers irrel..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......t and satisfactory explanation. The explanation offered by the petitioner appears totally vague, obscure and indefinite which is a testimony of clear negligence and laches on his part in pursuing the proceeding instead of with due diligence and bona fide. The statement explaining the delay made in p..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......ttagong to show cause as to why the impugned judgment and order dated 15-9‑2004 passed by the learned Sessions Judge, Borguna in Criminal Revision No.26 of 2004 setting aside the orders of the proceedings under section 145 of the Code of Criminal Procedure passed by the Magistrate in MR Case ..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ...... section 120 of the Evidence Act is not well founded since the law as to competency of a person to depose on behalf of the parties in the suit is otherwise. At one point of time parties to a civil proceeding were deemed to be incompetent to testify and the said rule was founded solely on the int..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....dure. Since charge has not yet been framed, it is difficult on our part to stifle the proceeding at this initial stage. In the decision reported in 30 DLR (AD) 59, the Appellate Division disapproved, quashing of the proceeding just immediately after submission of charge-sheet. From the facts disclos...... and they were enlarged on bail and thereafter they moved this Court on 17‑8‑2002. This date is very important for disposal of the Rule. At the time of issuance of the Rule, this Court stayed the proceeding of the aforesaid case, at first for a period of 3 months, thereafter on 11‑11‑2002, t..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......itioner was for realisation of money and not for offence and both civil and criminal cases can run together, and the relief available in the civil Court does not stand as a bar to initiate a criminal proceedings if it is found by the disclosure of facts that there is distinct element of criminal off..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
.... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ........................Petitioner Vs. Mahkota Technology SDN BHD and others..........Opposite Parties Judgment November 10, 2004. Result: The Rules are discharged. Legal proceedings by a party against other party to an arbitration agreement Where a party to an arbi..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
....made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
......2. Annexure‑D‑2, refusing to give sanction to Special Case No.39 of 2004 in the Court of the Metropolitan Sessions Judge. Special Court Dhaka arising out of Complaint Petition No.3795 of 2003 for proceeding with the case against the respondent Nos.5 and 6 and the impugned order dated 9‑5‑200..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Firoz Chokder Vs. State, 2004, 33 CLC (HCD)
....oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ......ri-O-Shishu Nirjatan Daman Ain, 2000 on 1.7.2002. The petitioner was all along absconded and was arrested on 14.9.2002 by the Mokshedpur Thana Police and for the first time came to known about the proceeding and conviction. The trial held in absentia. The petitioner could not prefer appeal withi..Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......and others Vs. Shah Gulam Nabi and others reported in 27 DLR (AD) 156 it was held that the Appellate Division of the Supreme Court is reluctant to remand a case to allow a party, negligent in earlier proceeding in diligently bringing all evidence on record, an indulgence to fill up the lacuna in evi..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
.... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ......ns 30, 31 and 33 of the Act before the aforesaid Court for setting aside the award, which was registered as Title Suit No.130 of 1996. 12. In the application it is stated that entire arbitration proceeding was without jurisdiction, illegal and the award given therein a nullity and not binding u..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ......e Deputy Commissioner, Dhaka and three others for declaration of title in the suit land with building thereon fully described in the schedule to the plaint and for further declaration that the entire proceeding in certificate case No.17 of 1986 including order of attachment and auction sale of the G..Category: Others | Date: 15 Aug, 2004 | Hits: 3
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....d from service. The Court of Special Judge on 4‑3‑1991 took cognisance against the respondents and others. 5. Thereupon the, respondents moved the High Court Division seeking quashing of the proceedings of the Special Case No. 12 of 1985 and obtained Rule, Criminal Revision ...... Judgment August 10, 2004. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Merely on the ground of delay criminal proceeding is not liable to be quashed except in case of exceptional nature. In the instant case in..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nbsp; ......aid post Director (Finance and Accounts), vide notification dated 28-6‑1998 (Annexure-C). It appears that a charge-sheet dated 30‑7‑2002 was issued against him and following a disciplinary proceeding initiated against him, he was compulsorily retired from his post vide order No. ইফা..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......l No.19 of 1992 the defendant-respondent has preferred this application under section 115(1) of the Code of Civil Procedure and obtained the instant Rule together with an order of stay of all further proceedings of the Title Execution Case No.5 of 1993 pending in the Court of the Subordinate Judge, ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ......d. Section 30 of the Arbitration Act provides for the grounds on any of which the award may be set aside. The grounds are namely, (a) that an arbitrator or umpire has misconducted himself or the proceedings; (b) that an award has been made after the issue of an order by the Court supersedi..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
....d on bail. Thereafter accused No. 1 MM Ishak (accused husband) and accused No. 6 Md Abu Raihan moved this Court with two separate applications under section 561A of the Code of Criminal Procedure for quashing the proceeding of that case and obtained these Rules. 4. Mr. Syed Mizanur Rahman, the le......rate applications under section 561A of the Code of Criminal Procedure filed by two accused-petitioners, namely, MM Ishak and Abu Raihan, calling upon the opposite parties to show cause as to why the proceedings of Nari‑o-Shishu Nirjatan Case No. 750 of 2003 under sections 11(kha)/30 of the Nari..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
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