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Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ......trate, Dacca with a direction to appear before the Sub-Divisional Magistrate, Bhola, by 25.11.81. In the meantime the petitioner moved this Court and obtained the present Rule on 23.11.81 and further proceedings in the matter was also stayed by this Court. 3. Mr. B.N. Chowdhury, the learned CounÂ..Category: Criminal Law | Date: | Hits: 107
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
....d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......t as to whether the amendment is necessary for determining the real controversy between the parties. The learned trial Court also overlooked the fact that an amendment can be made at any stage of the proceeding if it does not change the nature, and character of the suit and there is no observation m..Category: Procedural Law | Date: | Hits: 118
....t any illegality or infirmity in the decision of the High Court Division so as to call for interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 263.
......€¦â€¦â€¦â€¦â€¦..Respondent
Order
August 5, 2007.
Result:
The petition is dismissed.
The Government Servants (Discipline and Appeal) Rules, 1985; Rules 10(8)
In a departmental proceeding the role of the Inquiry Committee is only to help the authority in arriving at a correct ..
Category: Labour and Industrial Law | Date: | Hits: 832
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......ed 19th February, 1995 passed by the learned Subordinate Judge, 1st Court and Commercial Court, Chittagong in Other Suit No.52 of 1987/Other Suit No.2 of 1992 restraining the defendant appellant from proceeding with the Execution Case No.10 of 1992 pending in the 1st, Court of Assistant Judge, Chitt..Category: Civil Law | Date: | Hits: 130
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ...... 6 Rule 17 of the Code of civil Procedure can be allowed. 16. Law relating to the amendment of plaint is envisaged in Order 6 Rule 17 which runs as follows: "The Court may at any stage of the proceeding allow either party to alter or amend his pleadings in such manner and on such terms as ma..Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ......lause 28 of the contract document, the matter could not have been referred to the Arbitrator as Article 28 unambiguously and unequivocally stipulated that no dispute should be referred to arbitration proceeding unless the entire work shall have either been completed or been abandoned. Mr. Ahmed also..Category: Alternative Dispute Resolution | Date: | Hits: 218
Dhaka Leather ComÂplex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)
....order as to cost. Order of stay granted in the Rule on 10-Â9‑2002 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 578....... of limitation in making such application. 6. Secondly, he submitted that the learned Joint District Judge erred in law in disposing of the application without having the record of the arbitration proceeding before him. 7. Submission of M Samad on limitation appears to be correct. Article 181 ..Category: Alternative Dispute Resolution | Date: | Hits: 190
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ...... as well as in the supplementary affidavits-in-opposition, the respondents asserted the fact of misappropriation of fund of the Corporation by the petitioner. The respondents asserted that an enquiry proceeding was started by the Corporation against the petitioner in 2001-2002 and the enquiry commit..Category: Employment/Service Law | Date: | Hits: 156
Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)
....l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ......ny unscrupulous litigants in order to steer clear of order, judgment and decree of courts adopt dubious ways and take recourse to ingenious methods of presenting fraudulent and untenable litigations/ proceedings to foil judgment, order and decree of courts. Such tendency deserves to be taken serious..Category: Procedural Law | Date: | Hits: 84
....from the date of order of suspension. In view of the above, we find no merit in this petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 239.
......pointment to the post of Managing Director of the Bangladesh Livestock Research Institute he was suddenly placed under suspension by order under memo dated 7th December, 2009 and that no departmental proceeding was drawn up within 5 months till he filed the writ petition on 30th may, 2010 despite is..
Category: Employment/Service Law | Date: | Hits: 251
Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)
....Procedure is of no help. The leave petition do not merit consideration being barred by limitation. The petition is accordingly dismissed. This Case is also Reported in: 20 BLT (AD) (2012) 170. ......ear from the date of disposal of the earlier Execution Case but within 6 years from the date of the decree. The judgment debtor filed an application challenging the initiation and continuation of the proceeding of the Execution Case No.58 of 2004 on the ground that the Execution Case has been filed ..Category: Limitation Law | Date: | Hits: 140
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
....e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457.......ive any specific name so much of the definition of offence should be stated so as to give a notice to the accused of the matter he is charged with. 7. A charge is an important step in the criminal proceeding. It separates the inquiry stage from the trial. That is to say when the inquiry or invest..Category: Criminal Law | Date: | Hits: 144
Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82........- This petition for leave to appeal is directed against the judgment and order dated 15.1.2008 of the High Court Division passed in Criminal Rule 187(R) of 2007 giving direction to initiate criminal proceeding against the petitioner and others according to the provisions of sections 476 read with s..Category: Criminal Law | Date: | Hits: 146
Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)
....ed Senior Counsel for the appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ......ppellate Court being final Court of facts has assessed the evidence to its true perspective and held that the pre-emptor had no knowledge of the case land prior to 01.09.1994 and that the pre-emption proceeding was filed within 4 (four) months from the date of their knowledge. The High Court Divisio..Category: Property Law | Date: | Hits: 84
Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)
....of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ......০০০/ŕ§ŕ§(১)(৩) (Annexure L) dismissing the appeal should not be declared to have been made without any lawful authority and to be of no legal effect for having failed to conclude the proceeding drawn against the petitioner within 180 days from the date of service of charge-sheet as ..Category: Employment/Service Law | Date: | Hits: 180
Agrani Bank, Janna Branch, Manikganj Vs. AFM Emamul Huq, 1998, 27 CLC (HCD)
....within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173.......money suit to a Artha Rin Adalat suit we are inclined to set aside the judgment and decree passed by the trial Court and send the suit back on remand for fresh trial in accordance with law. 7. The proceeding from 26.11.96 before the Artha Rin Adalat till passing of the decree is no proceeding in ..Category: Civil Law | Date: | Hits: 202
Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)
....acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360....... 14.05.2008 during care taker government and which has been repealed by the Local Government (Pourashava) Act, 2009 (Act 58 of 2009) published in the official gazette on 06.10.2009 thus no confidence proceedings has been completed under the Act 2009 and as such the very initiation of the proceedings..Category: Others | Date: | Hits: 136
....d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”.
Gobinda Chandra Tagore J. - I agree
This Case is also Reported in:
......ed in page 154 of 46 DLR (AD) have made the following observation, “In our view the High Court Division, while exercising the jurisdiction relating to a civil matter, is no doubt in seisin of civil proceeding but it has to be borne in mind that this original constitutional jurisdiction of the High..
Category: Administrative Law | Date: | Hits: 371
Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
....28.2.96 is hereby vacated. No order as to costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ...... the club. Mr. Bhuiyan also submits that the action is not illegal, malafide and uncalled for one. According to him, the provision of article 35 of the Memorandum of Articles provides that if after a proceeding under article 34 in the opinion of the executive committee it is essential in the interes..Category: Civil Law | Date: | Hits: 110
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
....ppellate Court below calls for any interÂference in revision. In the result the rule is discharged withÂout any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ......he question involved in this Rule is wheÂther the appellate Court below has the power to review its own Judgment under Order 47 rule 1 of the Code of Civil Procedure, the appeal having arisen from a proceeding u/s. 96 of the State Acquisition and Tenancy Act for pre-emption. 2. The miscellaneous..Category: Procedural Law | Date: | Hits: 119
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