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....t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
......nvolved:
Kaisar Ali, Advocate ‑ For the Petitioner.
Civil Order No.5233 (Contempt) of 1997.
Judgment
AM Mahmudur Rahman J.- This application has been filed for drawing up proceeding of contempt of Court against the Secretary, Ministry of Works and the Assistant Secretary..
Category: Civil Law, Contempt of Court Law | Date: | Hits: 99
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ......Holder Plaintiffs-Opposite parties, thereafter, filed Title Execution Case No.2 of 2005 and got possession of their shaham property on 24.5.2005. Defendants-Petitioners had been all well aware of all proceedings of Suit and Execution case. 8. Defendants-Petitioners examined one witness in support..Category: Procedural Law | Date: | Hits: 120
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ......FEB/SEM/492/88 dated 30‑07‑1988. While both the suits were pending the petitioner filed an application in Money Suit No.185 of 1992 under section 10 of the Code of Civil Procedure for staying the proceeding of the Money Suit till disposal of the earlier title suit filed by the petitioner. The le..Category: Civil Law | Date: | Hits: 171
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....rdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ......Rule 17 One of the fundamental principles governing the amendment of the pleadings is that all the controversies between the parties as far as possible should be included and multiplicity of the proceedings avoided. Therefore, amendment of pleadings can be be considered if the proposed a..Category: Procedural Law | Date: | Hits: 114
....ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
......ution Case No.4 of 2004 rejecting the application of the petitioner for vacating the Order No.13 dated 27.9.2005 purportedly passed under Order 21 Rule 29 of the Code of Civil Procedure staying proceedings of the said Money Execution Case.
2. Relevant facts, in short, are that the petitione..
Category: Civil Law | Date: | Hits: 178
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......naging Director of Gonophone appeared in the suit prayed for time for filing written statement. Thereafter, Gonophone submitted an application under section 250 of the Act praying for stay of further proceeding of Artha Rin Suit on the ground of filing of Company Matter No.174 of 2005. The learned J..Category: Civil Law | Date: | Hits: 154
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
.... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ......cision of the trial Court is based on no authority. Earlier, wrong record of rights could be corrected by a mere application under section 143A of the State Acquisition and Tenancy Act, 1950. In such proceeding, the aggrieved party was never required to establish title to get an order for correction..Category: Property Law | Date: | Hits: 100
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....Vs. Enayet Hossain reported in 17 BLD (AD) 44 = 2 BLC (AD) 16 wherein their Lordships held: "the settled principle of law is that to bring a case within the purview of section 561A for the purpose of quashing a proceeding one of following conditions must be fulfilled; (1) Interference even at an ...... Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the proceedings in Sessions Case No.553 of 2006 under section 134 of the Negotiable Instruments Act 1881..Category: Criminal Law | Date: | Hits: 84
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......gations made in the plaint. Their positive case is that the plaintiff was not competent for the post of Office Assistant and some charge of misconduct and insubordination was brought against him. A proceeding was held and the enquiry committee submitted a report stating that the charge brought aga..Category: Civil Law | Date: | Hits: 144
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......ner in his Tally Khata Ext. A wrote 27 maunds. Accordingly he was charge sheeted for writing out excess weighment in his Khata dishonestly. An enquiry committee was constituted. Ext. 8 is the enquiry proceedings. The enquiry committee found the petitioner guilty of the charge and accordingly they su..Category: Labour and Industrial Law | Date: | Hits: 182
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
.... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ......ncluded in the list published by the respondent No.2 because of an adverse report by the Special Branch of Police. The report contained that although the petitioner was found not guilty in a criminal proceeding in Patuakhali but because of his active political involvement with a student organisation..Category: Employment/Service Law | Date: | Hits: 194
State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
....fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......, mother of the victim, appearing as P.W. 6 has stated that on 2.6.1998 at about 7/7-15 P.M. Rustom Ali (P.W.4) came to her house and informed that he, along with Badsha (P.W.2) and victim Rony, were proceeding towards Jatrabari when accused Tutul, Golzar with 3/4 others caught hold of them. Then th..Category: Criminal Law | Date: | Hits: 98
Ali Hossain and others Vs. State & others, 1984, 13 CLC (HCD)
....o be Additional Sessions Judge, Patiya, Chittagong in Criminal Motion No.973 of 1982 is set aside. Syed Mohammed Ali J.—I agree. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 111. ......or any of the powers which may be exercised by the High Court Division under section 439 Cr.P.C. Sub-section (5) of section 439 Cr.P.C. provides that where an appeal lies and no appeal is brought, no proceedings by way of revision shall be entertained at the instance of the party who could have appe..Category: Procedural Law | Date: | Hits: 130
Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)
....udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ......s. S. C. Das—For Opposite Parties. Criminal Revision No.180 of 1983. Judgment Md. Altaf Hossain J.- This Application under section 439 of the Code of Criminal Procedure arises out of a proceeding under section 145 of the Code. 2. On application filed by the second party petitioners..Category: Procedural Law | Date: | Hits: 116
Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)
....he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ......n the morning informant and his brother victim Belal brought P.W.7 Gafur Ali, P.W.9 Shariatullah, P.W.10 Shamsul Hoque, P.W.6 Ashraf, and P.W.7 Gofran to show shifting of ail to them. While they were proceeding towards their land through their homestead the accused persons followed them. When Sharia..Category: Criminal Law | Date: | Hits: 76
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......tions were allowed to be tested by any cross-examination nor the application for removal of the Mutwalli was supported by any affidavit. This, in our opinion, has cut at the very root of the entire proceeding. Upon what materials the Administrator of Wakfs based his decision to remove the petiti..Category: Trust/Waqf Law | Date: | Hits: 134
.... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
......iry that he was satisfied that there is no medicine in stock at the Veterinary Hospital at the time. The complainant also filed a petition to the investigation officer to that effect, yet the instant proceeding was started which, according to the accused, was entirely without jurisdiction as the off..
Category: Criminal Law | Date: | Hits: 84
Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)
....87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ......o section 20 of West Pakistan Family Courts Act. The Division Bench in its decision in 47 DLR 18 also noticed this basic difference. In the result this Rule is discharged, order of staying further proceeding of the Miscellaneous Case No.145 of 1987 pending in the Court of Thana Magistrate Keshabp..Category: Family Law | Date: | Hits: 133
Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)
.... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ...... called on for hearing, the Court shall make an order setting aside the decree as against him upon such term as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit: Provided that where the decree is of such a nature that it cannot be se..Category: Procedural Law | Date: | Hits: 88
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....ase for setting aside the impugned order and to stay further proceedings of the Special Tribunal Case No.112 of 2004, till disposal of the above mentioned civil suit. Accordingly, he has prayed for quashing the impugned order and also for stay of the proceeding of Special Tribunal Case No.112 of 2......n 16.06.2003, after the alleged occurrence". In the said Miscellaneous case, it has also been recorded that, "We do not find any application was filed before the trial Court for staying all further proceeding of the instant criminal proceeding as required under section 344 or any other section of ..Category: Criminal Law | Date: | Hits: 54
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