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Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)
....e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ......title against a party to the suit sought to be affected by such transfer but the transfer is not void……………………(5) A stranger to a suit or a proceeding is not prohibited by the Code of Civil Procedure from filing an appeal from an order pass..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
.... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ..........Respondent Judgment March 15, 1990. Result: The appeal is dismissed. The Evidence Act, 1872 (I of 1872), Section 17 Whether admission of the defendant in a separate proceeding can be accepted as evidence to hold that he was a tenant under predecessor-in-interest of..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....al Code, now pending in the Court of Additional Chief Metropolitan Magistrate, Dhaka. They unsuccessfully moved the High Court Division, Dhaka under section 561A of the Code of Criminal Procedure for quashing that proceeding. 2. On 26-4-87 respondent No. 2 along with six others lodged an FIR b......ellip;……….........Accused-Appellant Vs. The State and other...........................Respondents Judgment March 12, 1990. Result: The criminal proceeding is stayed till the disposal of Title Suit. The Code of Criminal Procedure, 1898 (V o..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ...... by the Returning Officer in rejecting the nomination paper of the petitioner on the ground that he defaulted in repayment of loan he had taken from the Bank concerned within the allowable time. In a proceeding under Article 102 of the Constitution the High Court Division should not, as a matter of ..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....ty in dispute, that is, item No.1 of Schedule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ......due to lapse of date fixed. Then a suit for specific performance of contract being filed by the plaintiff against the judgement debtor defendants, in view of such facts the trial courts order staying proceeding of the execution case is perfectly justified and the High Court Division committed error ..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
.... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ......of Order 9 rule 13 of the Code of Civil Procedure makes it apparent that due service of summons is an essential condition which must be satisfied before the Court can proceed to give a judgment. In a proceeding under Order 9 rule 13, CPC if a party satisfies a court that summons were not duly served..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....ng terminated with the pronouncement of the judgment. We find substance in the contention of Mr. Wahidullah. In our order dated 9.8.89 we have already held that in a case like this an application for quashing the proceeding under section 561A Cr.P.C. did not lie, rather we hold that an appeal agains......s that an application under section 561A of the Code of Criminal Procedure against an order of acquittal passed by the Special Tribunal does not lie before this Court, because at the relevant time no proceeding was pending which required quashment by this Court nor there was any chance of abuse of t..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
.... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ...... Chairman of the Nabinagar Upazila Parishad and an important public figure of the locality at the relevant time must have knowledge of the delimitation of area not only from the time of the proceeding for delimitation of area but also from the date of publication of the same in t..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ...... that an accused may be convicted even on a retracted confession, if it is inculpatory and found to be voluntary and true. It has been further contended that prolonged police custody immediately proceeding the confession is sufficient, if not properly explained, to find the confession as i..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....order as to costs. The order of stay is vacated.
Let the suit be disposed of in accordance with law as expeditiously as possible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
......at no further argument or evidence that the parties can at once adduce is required upon such of the issues as may be sufficient for the decision of the suit and no injustice will result from the such proceeding with the suit forthwith, the Court may proceed to determine such issues and if the findin..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......middle of 1975 and thereafter did not pay any further rent and consequently this defendant was bound to submit an application to defendant No.4 for eviction of the plaintiff from the suit land. The proceeding for eviction having been started by defendant No.4 this suit was filed by the plaintiff. ..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ...... Director General of Health to take necessary steps for determination of the age of the victim girl. At this stage present Rule was issued on 21.8.88 and it was ordered by this Court on that date the proceedings in criminal misc. case No.744 of 1988 in the Court of Sessions Judge, Narayanganj may pr..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ......ing of the lower court that the Bank did not take any step to realise its dues. In fact the Bank published advertisement for auction of the pledged goods, but the auction was stopped due to the proceeding between the parties and the parties knew about the matter. By the impugned order dated 5t..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......rder resulting in the effect in continuing the detention without any break which was the subject matter of the rule. 5. Back to the facts: The undisputed facts that have emerged in course of the proceeding are as follows: On the 14th of March, 1986 Syed Altaf Hossain, brother of the detenu..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......th the Court in the aforesaid Criminal Case. Mr. Abdul Hannan, Subordinate Judge Rajbari by order No.13 dated 10.2.86 rejected the prayer made on behalf of the plaintiff Sonali Bank to stay further proceeding of the suit for giving the plaintiff Bank opportunity to bring relevant papers. Thereaf..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
...... Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52 the Appellate Division had the occasion to examine similar question whether the Government of Bangladesh is & necessary party in a proceeding with respect to vested property. Their Lordships held as under:-
“The first qu..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......r took delivery of possession of that plot which if a part of the fishery of the petitioner. The petitioner was aggrieved by this auction. But this was not found enough as respondent No.2 initiated a proceeding for cancellation of the petitioner's lease of the fishery and in fact it has been can..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ......cate case No.1784/68-69 and the plaintiff got the auction sale set aside through his benamder Kaiseruddin Kinu Bhusan also executed 'Muktipatra’ in favour of Rajendra on 14.4.400. The proceeding in the M.R. Case No.562 of 1970 brought by the plaintiffs over the suit land was illegall..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)
....ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254. ...... We do not find any illegality in the High Court Division's order directing inclusion of the petitioner among the list of the accused and for trial of the two cases in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This C..Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....Ur Rahman Khan J. - The petitioner being an accused in criminal Case No.572A of 1981 under section 420 of the Penal Code made this application under section 561A of the Code of Criminal Procedure for quashing the said criminal proceeding. 2. The petitioner also prayed for setting aside the orde......itioner being an accused in criminal Case No.572A of 1981 under section 420 of the Penal Code made this application under section 561A of the Code of Criminal Procedure for quashing the said criminal proceeding. 2. The petitioner also prayed for setting aside the order of the Additional Session..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
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