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....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
......well as State policy is alleged, the Court will not close its eye to redress such improper action on the technicalities as to the question of locus standi of the petitioner and maintainability of the proceeding………………………………………..(26)
Being guardian of the Constitution..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......f appeal is not merely a matter of procedure. It is a matter of substantive right. This right of appeal from the decision of an inferior tribunal to a superior-tribunal becomes vested in a party when proceedings are first initiated in, and before a decision is given by the inferior Court. Such a ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......d appearance in the said execution case and filed an application under section 37(1) of the Artha Rin Adalat Ain, 2003 (hereinafter referred to as the Ain, 2003) on 29.06.2005 for staying all further proceedings of the execution case on the ground that the execution case having been filed on 18.4.20..Category: Civil Law | Date: | Hits: 136
....he Courts below stand maintained.
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: 13 MLR (HCD) (2008) 405.
......er the provisions of Payment of Wages Act for realisation of his benefits consequent upon retirement. He submits that if a remedy has been provided under any other law, it created an implied bar to a proceeding under the Code of Civil Procedure, before the Civil Court. In support to his contention t..
Category: Employment/Service Law | Date: | Hits: 166
Mrs. Rokeya Begum Vs. Chartered Credit Cooperative Ltd., 2009, 38 CLC (HCD)
....e drawer of the cheque can only be adjudicated in the trial and as such the proceeding can not be quashed for factual aspect of a case. Whatever the defence case might be, that cannot be the basis of quashing the proceedings initiated against the petitioner when it is proved that the alleged cheque ...... the notice has been served properly as per article 17 of General Clauses Act……………………….(20) The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A Quashment of proceedings Non disclosure of the date of receipt of notice under section 138 (1) (b) of the Nego..Category: Criminal Law | Date: | Hits: 70
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ...... extinguished or title of defendant Nos.2-22 was extinguished by the certificate case and sale for rent? 8. Is the plaintiff entitled to get a decree that suit is not vested property? 9. Is the proceeding of Certificate Case No.15930/60-61 and sale case No.63/63-64 null and void and not bindin..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
....ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......ppeared but then the A.P.P. prayed for time which was allowed fixing 12.9.84 for trial. On that date three P.Ws. were present but an application was filed on behalf of the defence for stopping of the proceeding and releasing the accused under section 339C(4)Cr.P.C. The Additional Sessions Judge noti..Category: Procedural Law | Date: | Hits: 102
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......ed appellants were absconding till 6-8‑1992 when they surrendered to the Court. It has been argued on behalf of State respondent that both the accused remained absconding being quite aware of the proceeding against them with guilty knowledge and mind and, as such, according to decision reported ..Category: Criminal Law | Date: | Hits: 93
....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
...... 2007.
Result:
The Petition is allowed.
A leassee in possession under the leassor in a property may be added as Party alongwith a leassor and in a proper case a party can be added even in a proceeding in Revision stage.................................(14)
Cases Referred to-
Parimal M..
Category: Property Law | Date: | Hits: 82
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ...... petitioner committed offences under sections 193, 465, 466, and 471 of the Penal Code by way of creating and using and attempting to use two forged documents and also by giving false evidence in the proceedings of Title Suit No.1653 of 1981. 2. Earlier a Rule was issued in this revision and furt..Category: Property Law | Date: | Hits: 122
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ...... of 1881); section 138 The criminal case should be disposed of with the least possible delay. Even mere pendency of earlier Civil Suit, connected with the matter, is no ground to stay the criminal proceedings initiated subsequently. The Court is to take into consideration all the related facts an..Category: Procedural Law | Date: | Hits: 128
.... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
......r the purpose of acquiring land in order to establish the headquarters for the Rakkhi Bahini. By the two petitions for amendment, the petitioners drew our attention to the fact that two LA cases were proceeding at the same time in respect of the same property and also that the Rakkhi Bahini for whom..
Category: Property Law | Date: | Hits: 121
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ...... as the arbitrator of the Board. It was alleged that after being fully aware of the appointment of Mr. Jaigirder as the arbitrator of the defendant Board, the plaintiff proceeded with the arbitration proceeding before Mr. Justice Abdur Rahman Chowdhury collusively and fraudulently and managed an ill..Category: Alternative Dispute Resolution | Date: | Hits: 543
Ahmed Hossain alias Mohammad Hossain & others Vs. State, 2003, 32 CLC (HCD)
....f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ...... Act, which falls under the exclusive jurisdiction of the Special Powers Act and since the charges have been framed by this Tribunal also against offences which falls under the Arms Act, the trial as proceeding is illegal. The learned Advocate then submitted that there is no specific allegation of a..Category: Criminal Law | Date: | Hits: 79
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
.... Court, Dhaka in Title Suit No.181 of 1994 are hereby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......erage line of 25 meters required for which official tender was invited, as per tender 18 (eighteen) meter brick drain of sewerage line have been constructed and while the rest construction work was proceeding the plaintiff Abdul Khaleque claimed that the land of construction area belonged to him. ..Category: Procedural Law | Date: | Hits: 137
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....posite Party Judgment January 11, 2012. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A To bring a case for the purpose of quashing a proceeding under section 561A of the Code of Criminal Procedure, one of the following con......y Judgment January 11, 2012. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A To bring a case for the purpose of quashing a proceeding under section 561A of the Code of Criminal Procedure, one of the following conditions m..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
.... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ......ated and sophisticated matters which may not be possible under normal laws of the land. The Code of Civil Procedure except sections 10 and 11 and the Evidence Act have not been made applicable in the proceeding which indicate the anxiety of the lawmakers to dispose of the Family matters in a congeni..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......eath comes into question is admissible in evidence being relevant whether the person was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. Such statements in law are compendio..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ...... this Writ Petition. (iii) Greenways Tannery Vs. Subordinate Judge and Artha Rin Adalat No. 1 Dhaka. This earlier mentioned Writ Petition No. 3292 of 1999 was filed challenging the institution and proceeding of Artha Rin suit on the ground that recommendations were not implemented by the Governme..Category: Constitutional Law | Date: | Hits: 334
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ...... 1985 BLD (AD) 59, their Lordships held in paragraph 6: "Khondkar Mahbubuddin Ahmed, learned Advocate for the respondents while defending the High/Court Division's judgment contended that the very proceedings under Order IX, rule 13 C. P. C. became infructuous as the ex parte decree was fully sat..Category: Procedural Law | Date: | Hits: 133
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