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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.......tion 102 of the Waqf Ordinance which runs as follows: "Except as otherwise expressly provided in this Ordinance, no decision or order of the Administrator shall be questioned in any suit or other proceeding in any Court." 24. Mr. Chowdhury by referring to section 102 of the Waqf Ordinance has..

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.......al ‑ For the State. Criminal Revision No.365 of 1992. Judgment A M Mahmudur Rahman J.- This Criminal Revision under section 561A of the Code of Criminal Procedure is for quashment of the proceeding of Special Case No.1 of 1992 of the Court of Special Judge, Dhaka arising out of Motijhee..

Category: Criminal Law | Date: | Hits: 111

Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)

....Criminal Revision No. 3668 of 1991. Judgment Mahfuzur Rahman J.- This rule was issued at the instance of the accused‑petitioners under section 561A of the Code of Criminal Procedure for quashing the proceeding of Cr Case No.270 of 1991 pending in the Court of the Upazila Magistrate, Pa......sion No. 3668 of 1991. Judgment Mahfuzur Rahman J.- This rule was issued at the instance of the accused‑petitioners under section 561A of the Code of Criminal Procedure for quashing the proceeding of Cr Case No.270 of 1991 pending in the Court of the Upazila Magistrate, Paikgacha, Dist..

Category: Criminal Law | Date: | Hits: 142

Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)

....of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......nal Revision Case No.47(d)/82 preferred against the order dated 9.11.82 passed by Mr. Tayabur Rahman, Magistrate, 1st Class, Hatiya declaring the possession of the oppo­site party Nos.1 and 2 in the proceeding land in N.G.R. Case No.14/78 under section 145 of the Code of Criminal Procedure. 3. B..

Category: Criminal Law | Date: | Hits: 158

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. ...... not support the contention of Mr. Das that a plaint can not be amended after filing of the written statement by the defendant. Order 6, rule 17 C.P.C. provides that the Court may at any stage of the proceedings' allow ei­ther party to alter or amend his pleadings in such manner and on such terms a..

Category: Procedural Law | Date: | Hits: 133

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

....Appellate Tribu­nal but as the said Tribunal had no jurisdiction to condone the delay the petitioner had to withdraw the appeal on 19.7.87. He thereafter, filed the present ap­plication praying for quashing the entire proceeding of the special case. 4. Mr. Enayet Peer Khan, the learned Advocate...... but as the said Tribunal had no jurisdiction to condone the delay the petitioner had to withdraw the appeal on 19.7.87. He thereafter, filed the present ap­plication praying for quashing the entire proceeding of the special case. 4. Mr. Enayet Peer Khan, the learned Advocate appearing for the a..

Category: Criminal Law | Date: | Hits: 120

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

....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. ......d under section 148 I.P.C. for being armed with a pistol while engaging in a riot. The absence of specific charge against Suraj Pal u/s.307 and 302 I.P.C. was regarded as a very serious lacuna in the proceeding and it was considered whether this lacuna had preju­diced him in his trial. It was obser..

Category: Criminal Law | Date: | Hits: 128

Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)

....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......w that the Ministry of Land Administration and Land Re­forms has since reversed the order of the Board of Land Administration exercising appellate powers un­der section 147 of the Act in a mutation proceeding under section 143 of the Act, allowing the objection of the respondent No.4. The petition..

Category: Property Law | Date: | Hits: 129

Additional Deputy Commi­ssioner (Revenue) Dhaka Vs. Md. Mostafa Ali Mridha and others, 1993, 22 CLC (HCD)

....nd the Judgment and decree passed by the trial Court are hereby affirmed. Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 193. ......property was enlisted in the cause list of vested and non‑resident property. He stated that the Ext.-B is the death certificate of Ram Chandra Paul. He was not present at the time of hearing of the proceeding of correction of record of rights. RS record stood in the name of the plaintiff. The plai..

Category: Property Law | Date: | Hits: 134

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. ......n J Mahfuzur Rahman J Judges of the High Court Division............Petitioners Vs. Ashok Kumar Karmaker and others..............Respondents Judgment June 29, 1995. Result: The proceeding for contempt is dropped against Contemners. Cases Referred to- Quintin Hogg Case, (..

Category: Criminal Law | Date: | Hits: 149

Shahidullah Kazi, Amjad Hossain Vs. State, Abul Kasem, 1995, 24 CLC (HCD)

....Abdus Salam Mamun, Assistant Attorney-General - For the State. Criminal Revision No.1106 of 1993. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioners is for quashing the proceedings of Santrash Daman Tribunal Case No.5 of 1993 pending in the Court of Santra......amun, Assistant Attorney-General - For the State. Criminal Revision No.1106 of 1993. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioners is for quashing the proceedings of Santrash Daman Tribunal Case No.5 of 1993 pending in the Court of Santrash Mullak Apa..

Category: Criminal Law | Date: | Hits: 97

Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)

....the Opposite Party. Criminal Revision No.1165 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioner Shahadat Chowdhury, Editor, Weekly Bichitra is for quashing the proceedings of CR Case No.2041/a/91 pending in the Court of Chief Metropolitan Magistra......Party. Criminal Revision No.1165 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioner Shahadat Chowdhury, Editor, Weekly Bichitra is for quashing the proceedings of CR Case No.2041/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka. ..

Category: Criminal Law | Date: | Hits: 125

Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)

....nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ......he opposite party 3 to stranger opposite party 1 on 13.7.79 without serving notice to the petitioners under section 89 of the Act. As opposite party the present petitioner contested the pre‑emption proceeding on the ground that the case was barred by limitation, pre-emptors were not co-sharer and ..

Category: Property Law | Date: | Hits: 106

Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)

....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......f filing of pre‑emption case. So pre‑emption in the instant case should have been refused by the Courts below. In the case of Md. Abbas Ali Vs. Md. Osmn Ali and others reported in 37 DLR 324 in a proceeding under section 96 of the Act (Para 12) it has been held as under: "The vendee is not ob..

Category: Property Law | Date: | Hits: 127

Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)

....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......empts thereat, collapse of buildings, flood, inundation, earthquake, subsidence, landslide, avalanche, hurricane, cyclone/volcanic eruption or other natural catastrophes. In any action, suit or other proceeding where the insurer alleges that by reason of the provisions of Exclusion a) above any loss..

Category: Business or Commercial Law | Date: | Hits: 522

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

.... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......ith the procedure for attachment and issuance of sale proclamation as provided by Rule 44 to 66 of Order XXI of the Code of Civil Procedure, therefore, Mr. Bhuiyan submits that in the absence of such proceedings the alleged sale by the Artha Rin Adalat and the executing Court to Mr. Mohammad Ali app..

Category: Civil Law | Date: | Hits: 235

Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)

.... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433.......f 1988. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Dhaka and complainant opposite party No.1 Md. Zakaria to show cause why the proceedings in petition Case No.757 a1 of 1986 under section 467 of the Penal Code pending in the Co..

Category: Criminal Law | Date: | Hits: 107

Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)

....ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ......al — For the State. Criminal Miscellaneous Case No.2214 of 1995 Judgment ABM Khairul Haque J. - This Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why the proceeding being Special Tribunal Case No.259 of 1995 pending against the accused petitioner and ano..

Category: Others | Date: | Hits: 159

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.......Anti Corruption in connection with the case started pur­suant to the FIR lodged by the Board earlier. It fur­ther appears that thereafter the present petitioner did not take part in the arbitration proceeding when the sole Arbitrator ultimately made the award on 10-11-1996 and filed the same befor..

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

Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)

.... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426.......o.41 of 1964-65 an area of 0.45 acre was requisitioned and then acquired and not 0.51 acre and that if the Government wants to acquire further 0.06 acre, the Government was required to initiate fresh proceeding and offer compensation at the current market rate and there was no mistake in publication..

Category: Property Law | Date: | Hits: 156