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....r him in respect of any matter agreed to be referred, any party to such legal proceedings may, at any time before filing a written statement or taking any other steps in the proceedings, apply to the judicial authority before which the proceedings are pending to stay the proceedings; and if satisfie...... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
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Category: Alternative Dispute Resolution | Date: | Hits: 161
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
....(2) of the Special Powers Act directed that the detenu be detained in custody for a period of 30 days on the ground that it was necessary to detain him with a view to preventing him from doing any prejudicial act within the meaning of Section 2(f)(iii)(iv)(v)(vi)(vii) and (viii) of the Special Power......arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ..Category: Criminal Law | Date: | Hits: 66
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
....r. Amin Azhar, the learned Advocate for the petitioner has submitted at the outset the manner in which the learned Magistrate held the proceeding and arrived at his conclusion would indicate that the judicial mind was tainted with bias and the petitioner's cause did not receive a fair consideration ....... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219...Category: Criminal Law | Date: | Hits: 70
Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....iry as it may deem fit, is satisfied that any member of the Managing Committee of a co-operative society is abusing its position as an officer of the society or is otherwise acting in any manner prejudicial to the interest of the society, it may, without prejudice to any action to which such mem......at precedes the show cause notice should be held in such cases with prior notice to the petitioner and in his presence. The enquiry referred to in section 26 seems to be a part of the investigative functions of the Government and it is best left to the Government to decide which form the enqui..Category: Civil Law | Date: | Hits: 87
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....l Courts have jurisdiction to examine into cases where the Provisions of the Act have not been complied with or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure." This principle of law has also been relied upon by another Division Bench of......referred to the decision reported in BCR 1988 HCD 61 (Haji Sultan Ahmed Vs. Abdul Jalil Chowdhury) and submitted that the Civil Court has always the general jurisdiction to scrutinize the statutory functions of the election functionaries. In reply Mr. Abdul Quayum submits that the dispute emanates..Category: Election Law | Date: | Hits: 207
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....vilege do not apply in this country as to statements made by the parties in Court proceedings or the statements made by learned Advocates in such proceedings. The immunity having not been extended lo judicial proceeding, a respondent who had been allegedly defamed would, thus, be competent to fi......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ..Category: Criminal Law | Date: | Hits: 77
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
....nd Siddiqur Rahman. But the learned S.D.M. Bagerhat being not satisfied with the charge sheet directed one Mr. M. Huda, Magistrate to hold a judicial enquiry into the matter. Accordingly, after the judicial enquiry, the learned Magistrate found prima facie case as against all the 3 accused, namely......against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ..Category: Criminal Law | Date: | Hits: 74
....s. Begum Shorish Kashmiri, 21 DLR (SC) page 1 the Appellate Division of the Supreme Court of Bangladesh observed:
“Law is to be understood in its general communication to include authoritative judicial principle laid down by superior courts. We may for the sake of comprehensiveness and clarit......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
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Category: Criminal Law | Date: | Hits: 108
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....ent or order appealed against has not accompanied with it. According to Mr. Dutta, unless the copy of the judgment is communicated with the petition of appeal, how the Appellate Court shall apply its judicial mind as to whether the appeal is legally maintainable or not in view of sections 412 to 421......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495...Category: Criminal Law | Date: | Hits: 73
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
.... law it is specifically provided in the law and cannot be inferred unless it is created by law against the guarantor. The Court has no power to rewrite the law and in that case it will be an act of judicial legislation which is not permitted by law. 9. In such view of the matter, we hold that t...... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ..Category: Civil Law | Date: | Hits: 83
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....nt of a Court of Small Causes need not dwell extensively on evidence in arriving at the decision but nonetheless it is necessary that the judgment must indicate that the learned SCC Judge applied his judicial mind in to the material evidence on record in reaching his conclusions. We get support of t......suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ..Category: Property Law | Date: | Hits: 64
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....ution of the People's Republic of Bangladesh which provided that the High Court can examine an act or order passed in a proceeding which is "without lawful authority" proceeded to find that an act of judicial or of quasi‑judicial body can be held to be "without lawful authority" only after bearing......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....il Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or the Statutory Tribunal has not acted in conformity with the fundamental principles of judicial procedure". This decision is based on the famous case of Secretary of State Vs. Mask & ......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ..Category: Property Law | Date: | Hits: 47
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
....rrested him when he tried to flee away. On recovery of the victim girl she was taken to the police‑station and thereafter sent to the local Upazila Magistrate who sent the victim girl Shilpi to the judicial custody by an order and also recorded her statement under section 164 CrPC in which she all...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ..Category: Criminal Law | Date: | Hits: 69
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....erred to as the Peace Accord). Peace Accord was enacted taking into account the then political situation which existed in the Chittagong Hill Tracts and, as such, that cannot be the subject matter of judicial review of this Court. The writ petition was also bad for defect of party as the appropriate...... the Executive Government of the country which is against the concept of unitary Government. 8. The repeal of section 70 from the original Acts by which the Government's power of delegation of its functions under the Act to any functionary has been abolished, has put fetter on the normal func..Category: Constitutional Law | Date: | Hits: 219
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
....arade was not examined in this case. Non-examination of the Magistrate who conducted the TI parade renders the memorandum drawn by him inadmissible under section 80 of the Evidence Act as it is not a judicial proceeding and that cannot be presumed genuine unless proved by the evidence. In the decisi...... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ..Category: Criminal Law | Date: | Hits: 80
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....mitted that by giving retrospective effect of his order the learned District Judge committed illegality. 26. It has been further submitted that the impugned order suffers from non‑application of judicial mind. Mr. Khan has also submitted that the plaintiffs have not come with clean hands and, a......olding elections within 3 months from that date. 5. It has been further contended by the defendant petitioners that by virtue of this letter the defendant petitioners decided to take charge of the functions of the said Malik Samity. 6. It has been further contended that on 15‑1‑95 the Secr..Category: Civil Law | Date: | Hits: 85
Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)
.... land. Ext. Kha (1) is the writ of delivery of possession by which possession was delivered to the said auction purchasers on 14‑12‑194 1. Ext. Ga is the certified copy of case register of Misc‑judicial case register which shows that Jageswar Mondal one of the tenants filed Miscellaneous Case ......spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ..Category: Property Law | Date: | Hits: 51
Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)
....t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......(9) Jalal son of not known of village Seliakanda, (10) Swapan (member of Sarbahara Party), (11) Mirash son of Late Samiruddin Mondal of village Wai and others were creating problem in discharging the functions and duties of her husband as Relief Chairman. As a result enmity developed between them, a..Category: Criminal Law | Date: | Hits: 74
Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)
....d that the petitioners did not state anything in their said application as to the community of their interest in the land belonging to Kalu and thereby the learned Assistant Judge failed to apply his judicial mind in passing the impugned order and the same is liable to be set aside. It has been furt....... In the result the Rule is made absolute and no order is made as to costs. Send down the records to the lower court immediately. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ..Category: Property Law | Date: | Hits: 47
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