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Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......ner. After appearing before the Court the petitioner obtained bail and then filed an application under section 256C of the Code of Criminal Procedure (the Code) praying for discharging him from the proceeding. In the said application the petitioner stated that the legal notice demanding cheque mon..Category: Procedural Law | Date: | Hits: 114
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
.... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ......of 1989 in the Court of Assistant Judge, Chandanaish, Chittagong for declaration that the order of dismissal dated 8-10-1989 is illegal. The said suit was decree on contest, against which some of the proceeding of the present petitioners preferred other Appeal No.203 of 1992 before the District Judg..Category: Civil Law | Date: | Hits: 166
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......and the sale took place on 25‑4‑1956. He further submits that the learned Assistant Judge was not legally competent to determine the title of the petitioner in the case holding in a pre‑emption proceeding. His further submission was that the learned lower appellate Court has rightly passed the..Category: Property Law | Date: | Hits: 132
Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
....ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515.......ivil Revision Petition hinges on answer to the following question which is, whether appeal under Order XLIII rule 1(c) of the Code of Civil Procedure (for short The Code) against an order passed in a proceeding laid under Order IX, rule 9 of the Code springing out of Pre‑emption case presented und..Category: Procedural Law | Date: | Hits: 104
....l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
......rwarded to the Government for consideration to take the final decision and that after about 2½ years suddenly an adverse report procured under duress from the Chief Engineer had set at naught the proceeding of the 26th meeting of the purchase committee and a fresh recommendation was sent in fav..
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......iews or taking any part in the deliberation of the meeting. Respondent No.2 totally ignored the presence and protests of the petitioners and refused to record the objections of the petitioners in the proceedings of the meeting. In the above circumstances the petitioners finding themselves in a helpl..Category: Company Law | Date: | Hits: 225
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......ly following a circular issued by the National Board of Revenue the Deputy Commissioner of Taxes acted without application of his own mind. Upto the date of impugned assessment upto 28.04.1985 he was proceeding on the assumption that the petitioner will enjoy the benefits of section 32 (8), but ..Category: Fiscal/Taxation Law | Date: | Hits: 170
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
.... cited decision as 10 how the admission of the accused regarding the alleged partnership arrangement on the basis of execution of a deed on 26.04.1976 was introduced by the accused in a partition for quashing under section 561A Cr.P.C, that accused petitioner received a sum of Tk.44,661/- on differe...... of accused Musa Bin Shamsher under section 561A Cr.P.C. was issued calling upon the Deputy Commissioner, Chittagong and the complainant opposite party No.1 Ansarul Huq Ansari to show cause why the proceedings in G.R. Case No. 50/85 pending in the Court of the Chief Metropolitan Magistrate, Chit..Category: Criminal Law | Date: | Hits: 362
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ...... it is clear that they have not only waived their right to raise such question, under section 6 but also are estoppel from doing so at a belated stage like after the completion of the arbitration proceedings and passing of the award. Relying on the well settled principle that 'a person cannot ta..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......power subject to law to make an order for the investigation of or punishment for any contempt of itself." The High Court Division of the Supreme Court as a court of record has the power to take proceeding for contempt of courts even before passing of the Contempt of Court Act, 1926. Under Arti..Category: Criminal Law | Date: | Hits: 131
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
....assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ......ial Court wider section 10 of the CPC till disposal of the first suit i.e. Title Suit No.210 of 1981. Title Suit No.210 of 1981 having been dismissed for default on 9.9.84, the Court was justified in proceeding with the later suit No.188 of 1982. The petitioner filed application under Order 7 rule 1..Category: Civil Law | Date: | Hits: 166
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......his own interest. Further, it appears that the Ext. 2 was registered in the year 1947. But no dekhalia was produced showing payment of rent from that time onwards. Further it appears that no mutation proceedings was initiated by defendant No.7 to have the land of Ext. 2 recorded in his name. These a..Category: Property Law | Date: | Hits: 122
Liton Vs. State and others, 1995, 24 CLC (HCD)
....im, Advocate ‑ For the Party No.2. Criminal Miscellaneous Case No.1884 of 1994. Judgment Md. Gholam Rabbani J.- This is an application under section 561A CrPC by the accused petitioner for quashing criminal case pending against him under sections 302/34 of the Penal Code in the Court of M......r this section only those applications which are not contemplated by the Code of Criminal Procedure. 3. In view of this legal position the High Courts of our sub‑continent used to quash criminal proceedings Pending in the subordinate Courts where a person is being harassed by an illegal prosecu..Category: Procedural Law | Date: | Hits: 140
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......on book before it and on the same day the resolution book was filed before the Bar Council Tribunal and it was kept in the record. On 30.3.94 this resolution book was marked as Ext.12. 7. When the proceeding of the caw was going on, the learned Advocate for the complainant made allegation to the ..Category: Others | Date: | Hits: 139
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
....been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ......to consult and be defended by a legal practitioner of the choice. Section 304(1) of the Code of Criminal procedure provides that any person accused of an offence before a Criminal Court, against whom proceedings are instituted under this Code in any such Court, may of right be defended by a pleader...Category: Criminal Law | Date: | Hits: 121
KM Mahmudur Rahman and others Vs. State, 1995, 24 CLC (HCD)
.... the Petitioners. Abdus Salam Mamun, Advocate ‑ For the State. Criminal Revision No.2 of 1989. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioners is for quashing proceedings of MAC No.11 of 1986 pending in the Marine Court, Dhaka. 2. Heard the learne......tioners. Abdus Salam Mamun, Advocate ‑ For the State. Criminal Revision No.2 of 1989. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioners is for quashing proceedings of MAC No.11 of 1986 pending in the Marine Court, Dhaka. 2. Heard the learned Advocat..Category: Criminal Law | Date: | Hits: 88
Abdur Gafur Vs. State, 1995, 24 CLC (HCD)
.... against the accused persons. After appearance of the accused persons before the Court on 8.11.90, Senior Special Judge wrote to the Government for according sanction in Special Case No.8 of 1990 for quashing which Crl. Revision No.3669 of 1991 has been filed. Similarly, after issuance of processes ...... what is meant by cognizance of an offence and what is meant by prosecution of an accused under the Code. 8. Cognizance means taking notice of an offence by a criminal Court initiating a judicial proceedings against the offender in respect of that offence or taking a steps to see whether there i..Category: Criminal Law | Date: | Hits: 112
Anwar Hossain & others Vs. State & others, 1995, 24 CLC (HCD)
..... 471 of 1989. Judgment Md. Hamidul Haque J.- This Rule at the instance at the accused Petitioners of CR Case No. 28/85 pending in the Court of Upazila Magistrate, Chakoria, Cox's Bazar, is for quashing that proceedings. 2. Facts relevant are, that a case under section 144 of the Code of Cr...... Judgment Md. Hamidul Haque J.- This Rule at the instance at the accused Petitioners of CR Case No. 28/85 pending in the Court of Upazila Magistrate, Chakoria, Cox's Bazar, is for quashing that proceedings. 2. Facts relevant are, that a case under section 144 of the Code of Criminal Procedu..Category: Procedural Law | Date: | Hits: 109
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. ......rule 6 the defendant is to be proceeded against ex-parte only when the summons has been duly served............Order IX, rule 6 and Order XVII, rule 2 being the only provisions authorizing ex-parte proceedings against a defendant it is clear that ex-parte proceedings can be ordered only in respe..Category: Procedural Law | Date: | Hits: 180
.... at Annexure‑D (2) to the writ petition.
In the circumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121....... are admitted.
8. It is admitted that the petitioner was appointed as a teacher of Kapilmuni College and was holding the post of Assistant Professor in the said college. It is also admitted that a proceeding was drawn up against him on the charge of being absent from his duties of the college and..
Category: Employment/Service Law | Date: | Hits: 226
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