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....0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
......Mahfuzur Rahman J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 31‑12‑90 issued under the signature of the respondent No.1 and impugned proceeding pursuant to which the said order was made, the rejection of the appeal made therefrom sho..
Category: Constitutional Law | Date: | Hits: 300
....es of the case, we do not find any substance in the instant Rule.
The Rule is therefore, discharged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
......tition No.1321 of 1997.
Judgment
Mir Hashmat Ali J.- This Rule was issued calling upon the Respondents to show cause as to why the inclusion of part of home-stead Plot No.893 in the acquisition proceeding being L.A. Case No.1 of 1995-96 should not be declared to have been made malafide, withou..
Category: Property Law | Date: | Hits: 73
Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)
....No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ......e party Nos. 1-37 as plaintiff filed Title Suit No.117 of 1993 against the present petitioner and opposite party Nos. 38 to 40 in the Court of Senior Assistant Judge, Nalcity for declaration that the proceeding of vested property case No.26-28 of 1988 regarding the suit property is illegal, void and..Category: Property Law | Date: | Hits: 96
....t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
......of natural justice
The principles of natural justice that no person be condemned unheard 'Audi Alterem Partem' is applicable in the administrative as well as in the judicial or quasi-judicial proceedings …………………………(26)
Unless a person holds a right he can not claim to..
Category: Administrative Law | Date: | Hits: 299
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......executed a deed of contract dated 23rd September, 1963 and promised to execute and register a sale deed after obtaining probate certificate. Towards January, 1966 she came to know that an acquisition proceeding was started in respect of the suit property and subsequently, the plaintiff trespassed in..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......he land. Therefore, in the decision-making process of acquisition, this Rule had no role to play. . . A delay of five days in video recording of the land is not fatal to render the entire acquisition proceeding illegal and without jurisdiction…………..(33 & 35) Case Referred to- MA S..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ...... did not create any right or title of the plaintiff in respect of the suit land……………(29) Legal Maxim A suit which cannot be brought directly cannot be brought indirectly A suit or proceeding which cannot be brought directly cannot be brought indirectly so as to defeat the purpose..Category: Trust/Waqf Law | Date: | Hits: 114
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ......y notget justice in the Court where the suit is pending; (ii) Where the judge is interested to one party; (iii) Where the judge is prejudiced against the party; (iv) To avoid multiplicity of proceedings or conflicting decisions; (v) Where two persons have filed suits against each other o..Category: Procedural Law | Date: | Hits: 179
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......3 is indicative of a lack of application of mind and the notice under section 3 is liable to be struck down on that ground as well…………………………….(17) When any action is taken or proceeding is initiated with mala fide intention without formation of any opinion as to the purpose ..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....rs annexed thereto and the decision so cited by the leaned Advocate for the opposite party No.2. 12. Now let us address the contention made by the learned Advocate for the petitioner in support of quashing the proceeding so initiated against him. At first, the learned counsel for the petitioner h...... Division can not verify the procedural shortcomings when the petitioner preserves every right to justify his alleged assertion during the course of trial but that cannot be any ground to quash the proceeding when the trial has already been started. Cases Referred to- Rezaul Bari Vs. Banglad..Category: Procedural Law | Date: | Hits: 86
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
....lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......ection 2 of the Ordinance defines the word, 'assessed' as a person by whom any tax or other sum of money as payable under this Ordinance and includes amongst every other person in respect of whom any proceeding under the Ordinance was taken for assessment of his income or the income of any other per..Category: Fiscal/Taxation Law | Date: | Hits: 138
Salam Mollick (Md.) Vs. State, 1996, 25 CLC (HCD)
.... Md. Hamidul Haque J.- This Rule at instance of one of the accused persons of CR Case No.132 of 1991 pending in the Court of the Magistrate, 1st Class, Jhalakati Sadar, District‑Jhalakati is for quashing the proceeding. 2. It appears that the case started on the basis of a petition of compla......ul Haque J.- This Rule at instance of one of the accused persons of CR Case No.132 of 1991 pending in the Court of the Magistrate, 1st Class, Jhalakati Sadar, District‑Jhalakati is for quashing the proceeding. 2. It appears that the case started on the basis of a petition of complaint filed by ..Category: Procedural Law | Date: | Hits: 120
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....‑78 the accused petitioner moved the learned Sessions Judge, Chittagong in revision. The revisional application was ultimately heard by the Additional Sessions Judge, Chittagong who recommended for quashing the proceeding of GR Case No.538/78 on the ground that once a Magistrate discharges an accu......egal position is that a second prosecution is permissible if the order of discharge was not passed on merits. If cognizance is taken on the basis of a fresh complaint there can be no objection to the proceedings at all and in a proper case an application for revival also may amount to a fresh compla..Category: Criminal Law | Date: | Hits: 138
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
.... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......er of suspension dated 29.9.2003 was taken by the Governing Body and that without prior approval of the Board was without jurisdiction. (ii) Secondly, he submitted, that, without any departmental proceeding or pending enquiry, the order of temporarily suspension was violative of Rule 14 of the R..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....ention of Corruption Act, 1947 was fully justified. 21. Lastly, he strenuously submitted that this Division particularly this Bench has got no jurisdiction to issue Rule and hear such a prayer for quashing of the proceeding pending before the Special Judge. In support he cited the case of Haji Md......owdhury, Advocate - For the respondent No.4. Writ Petition No. 9905 of 2007. Judgment Mohammad Abdur Rashid J.- The above Rule Nisi was obtained challenging the continuation of the criminal proceeding in Metropolitan Special Case No.149 of 07 arising out of Kotwali P.S Case No.68 dated 30...Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
....udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......he law and restore faith in the Court, only those cases should be transferred to Druta Bichar Tribunal to ensure faith in law and justice …………………….(15) Whether at any stage of the proceeding case can be transferred to Druta Bichar Tribunal. There is no guideline and on taking..Category: Procedural Law | Date: | Hits: 84
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......SC) in the form of an undertaking issued by the Protection and Indemnity Club (P&l Club). The Court in Singapore passed an order on 10-9-2001 upon a sworn application made by BSC that all further proceedings in the Singapore High Court would be stayed, inter alia, on the condition that BSC would..Category: Limitation Law | Date: | Hits: 174
Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)
....ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......th February, 1998 the impugned order or Proggapan was issued by respondent No.1. It is stated that the aforesaid action was sudden, illegal, arbitrary, unilateral and without any show cause notice or proceeding or hearing of the petitioner, and it is capricious, whimsical and malafide. It is further..Category: Employment/Service Law | Date: | Hits: 100
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......ot barred by limitation. 12. Mr. Md. Asrarul Hoque, the learned Advocate appearing for the petitioner, at the end of the day, submits that in this case the decree-holder bank started the execution proceeding on the basis of the preliminary decree which is ex facie illegal. In deciding this que..Category: Civil Law | Date: | Hits: 170
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
....is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......and CMP No. 456/06. xiv. CP No. 793 of 2007 pending before the Appellate Division. xv. CP No. 794 of 2007 pending before the Appellate Division. 6. In spite of pendency of the above suits an proceedings for determining the title and possession of the properties between the parties, the purp..Category: Property Law | Date: | Hits: 107
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