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Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....d Court, Chittagong filed by him. The learned Metropolitan Sessions Judge by his order dated 26-2-2012 rejected the prayer for discharging the accused from the case, but did not pass any order on the alternative prayer. And this order was also challenged before the High Court Division as stated here......l of Money Suit No.13 of 2011 pending in the Court of the Joint District Judge, Third Court, Chittagong filed by him. The learned Metropolitan Sessions Judge by his order dated 26-2-2012 rejected the prayer for discharging the accused from the case, but did not pass any order on the alternative pray..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......ng inter-alia that, Sree Sree Thagore Anukul Chandra established an 'Ashrom' namely "Satsang Ashrom" in Hemayetpur, Pabna wherein he was born. He has many devotees there who perform prayer and other religious activities for spiritual peace. Subsequently, Sree Sree Thagore Anukul Ch..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
....no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
......form, i.e. 'Mushak' 10. Still by another letter dated 10-12-2001, the writ-petitioner requested the Superintendent to cancel the registration. After three and half years of submission of said prayers for refund and cancellation of registration made on 20-8-1998, the writ-petitioner rece..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....icle 140(2) (c) he was compelled to challenge the aforesaid impugned orders before the Court. Being superseded illegally again and failing to get justice from the Government he had no other alternative than to take shelter of the judiciary by filing AT Case No.203 of 1992. Thereafter, the ......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
....merit.”
60. The view taken by Ayre, J. is representative of the common law policy of non-interference with acts, decisions and omissions of public authorities when there is availability of alternative remedy-a principle, which is consistently followed by the Courts of this sub-continent, ......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......ood R Sobhan, learned Advocate, appearing for the appellant relied on the case of Khdndkar Abul Hussain Vs. Government of the People's Republic of Bangladesh, reported in 54 DLR 467, submits that prayer 'ka' may be misconceived but suit is maintainable in respect of other reliefs cl..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
.... 4. Robi Axiata for its part has insisted that the temporary employment of each such plaintiff having already determined under separate contracts of employment, the proper avenue of redress lay alternatively under section 33 in preference to section 213 of the Act. Noting that each side h......Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
....ed the said cheque on 12.08.2008 and 19.08.2008 for encashment to the Dutch Bangla bank Ltd. Narayangonj branch and on both occasion the cheque was dishonoured for insufficient fund. Finding no other alternative, the complainant issued a legal notice according to the provisions of the Negotiable Ins...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......the argument of Mr. Kamal ul Alam on the point that the question of transfer of land by the company does not come within the ambit of section 43 of the Act. Accordingly, he has prayed that, so far as prayer No. C of substantive application is concerned, no remedies is available against Respondent No..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ......f the Act, 1881 and by order dated 8-8-2007 framed charge against him under the said section of the Act, 1881 and fixed the next date on 9-9-2007 for examination of the witnesses. On 9-9-2007, on the prayer of the prosecution, the hearing of the case was adjourned to 8-10-2007 and by the same order,..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
....e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
...... by counting their service period from their joining date in the development project. Thereafter the petitioners made several representations to the higher authority for reconsidering their prayer for giving salary, time scale and other service benefits from the period of their joining in ..
Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
.... in the Registration Act, 1908 vide Act 25 of 2004 with the incorporation of section 21A in the Specific Relief Act, 1877 vide Act 27 of 2004 the plaintiff, the present petitioner finding no other alternative but to file a Title Suit No.145 of 2006 for Specific Performance of Contract on 28.06.2......in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......the evidence of P. W. 1, is that his son, victim Mukti was called away by his friend acquitted accused Sharif at about 7-30 pm on 20-3-2000 from their house. Just after completion of "Esha" prayer his tenant tendered witness Jalil Miah went to his house and informed him that the victim Muk..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ...... direction upon the Courts below at the time of disposal of an application for anticipatory bail. It may either admit the accused on bail for a limited period if a case is made out or reject the prayer. If any such direction is given, the courts below are under no obligation to obey such direct..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ......on 200 of the Code of Civil Procedure (the Code), cognizance was taken against the accused under section 138 of the Act, 1881. The accused petitioner appeared before the concerned Magistrate with the prayer for bail and he was enlarged on bail. The case being ready for trial, the records were transm..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....plied for rescheduling the loan without depositing down payment as required by law and, as such, the respondent No. 2 refused the prayer of the petitioners and finally the respondent No. 2 finding no alternative served legal notice demanding payment of outstanding dues and filed the suits for r......equests and reminders of the respondent No. 2. The petitioners applied for rescheduling the loan without depositing down payment as required by law and, as such, the respondent No. 2 refused the prayer of the petitioners and finally the respondent No. 2 finding no alternative served legal notic..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
...., and dissatisfied with the order No.2 dated 22-12-2010 passed by respondent No.2, Deputy Commissioner, Bogra and Appellate Authority, Pourashava Election-2010, Bogra, the petitioner finding no other alternative and for efficacious remedy, filed Writ Petition No.10044 of 2010 before the High Court D......made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
....cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ......g evidence. If so is done, it will be treated as ultra
vires. A case cannot be finally adjudicated before trial. In situations e.g.
dismissal of services, the High Court Division cannot allow the prayer of the
plaintiff by directly asking the authority to give fresh appointment to the plainti..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
.... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ...... Code of Civil Procedure." 4. On the foregoing discussions and the facts as has been stated in the above, we are of the view that the instant Appeal was dismissed for non-prosecution on the prayer of the learned Advocate for the appellants with a bonafide intention that his property was li..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ...... petitioner is hereby directed to starrender before the concerned court below within a period of 30(thirty) days from the date of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
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