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Rup Charan Das @ Sree Rupcharan Das & another Vs. Government of the People's Republic of Bangladesh and others, 1995, 24 CLC (HCD)

....ted question of fact. Mr. Abu Bakr Siddique relied upon an observation in the in the case of MA Hai and others Vs. Trading Corporation of Bangladesh, 8 BLD 84 (AD) made by the Appellate Division that alternative remedy is no bar to Writ of certiorari. This is true, but which Mr. Siddique wants me to......aintainability of this writ petition. For the above discussion, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 94...

Category: Property Law | Date: | Hits: 95

KM Mahmudur Rahman and others Vs. State, 1995, 24 CLC (HCD)

....ings of the Marine Court. In the result, the Rule is discharged and order of stay stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 92. ......se under section 339D of the said Code. The said application was fixed for hearing on 29.11.88. After hearing the learned Advocate Mr. Redoanul Bari for the prosecution by order of the same date said prayer for revival was allowed and the case was fixed for examination of further witnesses of the pr..

Category: Criminal Law | Date: | Hits: 88

M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)

....dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......tituted I.R.O. Case No.10 of 1985 in the Third Labour Court, Dhaka, respondent No.1, under section 34 of the Industrial Relations Ordinance, 1969, herein­after referred to as the said Ordinance. His prayer was for fixation of pay from 01.07.1980 in accordance with rules and for payment of the diffe..

Category: Procedural Law | Date: | Hits: 180

Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)

....howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6....... to have died on different dates between 11.03.1977 and 22.07.1977. As the application was not made within the specified time, the same was rejected on 24.05.1978 as being not, maintainable without a prayer for setting aside of the abatement. On the same day the plaintiffs fi­led fresh application ..

Category: Civil Law | Date: | Hits: 121

Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)

....r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......st. The petitioners having seen their names In the said provisional seniority list below the names of the respondent Nos.4‑10 filed objections to the Authority between 24.5.86 and 29.5.86 with the prayer for fixation of seniority as Assistant Engineer as per the then Pakistan Government's circula..

Category: Employment/Service Law | Date: | Hits: 191

Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)

....ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117.......ves as descendants of Hazrat Shah Mostafa and filed Title Suit No.156 of 1976 in the 1st Court of Moulvi Bazar against the members of present Dargah and Mosque Committee and prayed for injunction but prayer for temporary injunction was rejected on contest and the same was confirmed by the appellate ..

Category: Trust/Waqf Law | Date: | Hits: 181

Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)

....cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......y to discuss the other decisions cited at the bar because the point raised has been covered already by the decisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1..

Category: Criminal Law | Date: | Hits: 111

Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)

....servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. .......e. on 25.11.85. Towards the later part of 25.11.85 the judgment-debtor-appellants filed an­other application praying for two days' time to file an objection against the draft document, but the said prayer was also rejected. 5. Thereafter the appellants preferred this ap­peal. 6. Mr. Mahmudu..

Category: Property Law | Date: | Hits: 140

MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)

....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......o­ducing amendment of his pleading by introducing al­together "a new or inconsistent cause of action" de­priving his opponent of any right accrued to him due to lapse of time Court will refuse the prayer for amendment of the pleadings. A reference to para­graph ঝ and paragraph ৯ does not lea..

Category: Procedural Law | Date: | Hits: 133

Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)

....id not prefer any appeal (appeal preferred being withdrawn) and it is submitted on be­half of the State that the petitioner has no right to invoke the revisional jurisdiction of this court as he had alternative forum. It is to be mentioned that the petitioner could raise all these objections in the...... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ..

Category: Criminal Law | Date: | Hits: 120

Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)

....e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......posite party No.4 and in view of the fact that according to the opposite party No.4 the election was held in a le­gal and peaceful manner in 15 polling centres out of 45 polling centres rejected the prayer of opposite par­ty No.4 to declare him to be duly elected as a Chair­man of the said Upazil..

Category: Election Law | Date: | Hits: 252

Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)

....s which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number ­of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences." Section 237 Cr.P.C. runs as fo......Khurshed and Sujan their appeal is dismissed and or­der of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ..

Category: Criminal Law | Date: | Hits: 128

Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)

....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......Judge, Sylhet on 16.2.84 in Sessions Case No.420 of 1982. 2. The prosecution case as stated by the P.W.1, in brief, is that on 18.4.82 corresponding to 4th Baishak 1389 B.S. on Sunday after Magrib prayer his neighbour Liakot Ali informed him that somebody has killed his sister. On hearing the new..

Category: Criminal Law | Date: | Hits: 101

Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)

....erefore, on this ground also the review petition is maintainable in the fight of the observation made in Sir Hari Sankar Pal and another referred to above in this Judgment. Therefore, I have no other alternative but to review the order and re‑call the aforesaid Civil Order dated 2.8.1993, passed b...... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ..

Category: Civil Law | Date: | Hits: 157

Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)

....udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......d Mr. AS Mahmud, the Printer and Publisher of the paper to show cause as to why contempt proceeding should not be drawn again them for writing, printing, editing and publishing the same. 2. On the prayer of the learned Advocates hearing of the Rule till April 12, was adjourned with a direction up..

Category: Criminal Law | Date: | Hits: 149

Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)

....iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ......remises is not necessary as it does not create any obstruction for the proposed construction. On 25.8.93 the defendant filed an application under Order 7 rule 10 of the Code of Civil Procedure with a prayer to the trial Court (First Court of Assistant Judge) for returning the plaint of the suit alon..

Category: Procedural Law | Date: | Hits: 125

State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)

....RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......a murder. Convicts have also filed Criminal Appeal Nos. 1846 of 1994, 1850 of 1994 and 1990 of 1994 against their death sentence. 2. Prosecution case, briefly, is this. On 25-6-92 after the Magrib prayer accused Bachchu Mia came to the paternal house of victim Khairul Islam, aged about 20 years, ..

Category: Criminal Law | Date: | Hits: 129

Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)

....e submits, that Capital Ship Breakers having failed in several attempts, fighting against the bank in different proceedings like Writ Petitions, Leave Petitions and all that, finally finding no other alternative sold the mortgaged property to the appellant Ayat Steels Ltd. on 13-12-2010 while the sa...... receipt of notice the respondent No.1 Mohammad Ali, respondent Nos. 2 and 3 entered appearance upon filing written objection and upon hearing both sides the learned Joint District Judge, refused the prayer for interim injunction by his order dated 4-3-2010 and the said order of refusal was challeng..

Category: Civil Law | Date: | Hits: 235

Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)

....cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......le in law on various grounds namely that the Arbitrator misconducted the proceeding and misconduct himself in proceed­ing with the arbitration case without informing the present petitioner and their prayer to stay further proceeding of the arbitration case had been rejected. It is also contended in..

Category: Alternative Dispute Resolution | Date: | Hits: 291

Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)

....is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420.......hen the opposite parties went on taking adjournments raising various pleas. After a long lapse of 12 years of the institution of the suit opposite party No.1 filed an application on 17-10-1989 with a prayer for accepting the additional written statement on the ground that the Advocate concerned was ..

Category: Procedural Law | Date: | Hits: 148