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Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....aintiff-petitioner did not feel aggrieved by the order dated 12-5-1997 by which the prayer of amendment of the plaint stood rejected and did not ventilate their grievances before the Higher Court for quashing the said order. The plaintiff opposite party once again laid another application for amendm......t Judge rejected the said application by the order dated 12-5-1997. In rejecting the application the learned Judge took the view that in the event of allowing the amendment at the appellate stage the proceeding would start afresh. Further, view taken was that on reading the judgment it manifested th..Category: Civil Law | Date: | Hits: 200
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ......to represent the workmen; (3)...... (4)...... (5)....... (6)...... (7) If any member of the Labour Court is absent from, or is otherwise unable to attend, any sitting of the Court, the proceedings of the Court may continue, and the decision or award may be given in the absence of such..Category: Labour and Industrial Law | Date: | Hits: 197
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....ack to the learned Subordinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ......aw, and which is only re-enacted by the statute with a special form of remedy there, unless the statute contains words necessarily excluding the common law remedy, the plaintiff has his election of proceeding either under the statute or common law. Then there is a second class, which consists of t..Category: Labour and Industrial Law | Date: | Hits: 179
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460.......tributed to the legal heirs and being transferred to different persons by all the legal heirs made the Will ineffective and, as such, the application should be rejected. 4. While the case was thus proceeding petitioner Nos.1,2,3 and 4 filed two separate applications praying for summoning those tr..Category: Property Law | Date: | Hits: 106
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447.......protect such possession through an injunction from the court of law. But such injunction will not debar the true owner from getting his title established and to recover possession thereof in a proper proceeding. The petitioners having proved their exclusive possession in the suit land decree of perp..Category: Property Law | Date: | Hits: 103
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452.......ute Traders who was agreeable to make a down payment of 25% of the accrued interest and 25% of the principal loan amount; that due to this negotiation for transfer of shares BSRS kept in abeyance the proceedings under Articles 34 and 35 of the BSRS Order; that subsequently due to failure in reaching..Category: Company Law | Date: | Hits: 317
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
.... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441.......al for treatment and from there, to the thana where he lodged the FIR. He said that the accused persons were inimical with deceased Abdul Aziz from long before the occurrence and the victim started a proceeding under section 107 CrPC against the accused persons and his father deposed against the acc..Category: Criminal Law | Date: | Hits: 112
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431....... noticing the conditions of section 509A of the Code of Criminal Procedure accepted the postmortem report as Ext. 10. Section 509A runs as follows: "509A. Where in any inquiry, trial or other proceeding under this Code the report of a post‑mortem examination is required to be used as evide..Category: Criminal Law | Date: | Hits: 86
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......a wage‑earner in the United Kingdom influenced the defendant No.1 who was the Chairman, that the said defendant No.1 turned down the prayer of the plaintiff for adducing evidence in the arbitration proceedings and that the award was in fact prepared by one Mr. Saiful Alam Khan, Advocate at the ins..Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420.......by him is now followed in India and in some of the cases in this sub‑continent. Lord Denning observed: "At one time it was said that the principles of natural justice applied only to judicial proceedings and not to administrative proceeding but that hereby was scotched." Wade in his Ad..Category: Property Law | Date: | Hits: 133
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ...... were at that time mere children. This has not been considered by the court below. This age factor and the possession and control factor has not been considered by the court below at any stage of the proceeding. 11. There is substance in the contention of the learned Advocate and it need be consi..Category: Criminal Law | Date: | Hits: 97
....assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
......se or statutory public authority;
(c) any law to which clause (3) of Article 102 applies.
(2) Where any administrative tribunal is established under this article, no Court shall entertain any proceedings or make any order in respect of any matter falling within the jurisdiction of such tri..
Category: Procedural Law | Date: | Hits: 273
....t lawful authority and that those are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 326.
......no jurisdiction to deal with L.A. Case No.32/81-82. He however did not advert to the above findings of fact by the Additional Deputy Commissioner (Revenue), Kishoregonj and simply directed that fresh proceedings be initiated by the Deputy Commissioner, Kishoregonj from the stage of Section 4 (3)(b) ..
Category: Property Law | Date: | Hits: 116
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
.... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ......Cox’s Bazar. Defendant-appellants 1-3 preferred Second Appeal No.583 of 1964/Civil Rule No.213(S) of 1964 before the then East Pakistan High Court and the High Court was pleased to stay all further proceedings of other Execution Case No.70 of 1964 passed in Civil Rule No.213(S) of 1964 on 4-12-196..Category: Property Law | Date: | Hits: 94
.....90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
......ance. It was urged that the Acting Chairmen, having had the authority to do all functions of the Chairman, under section 14(2) of the Union Parishad Ordinance, they are entitled to participate in the proceeding of the Upazila Parishad as its representative members. The Appellate Division, upholding ..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
..... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311....... to that Court." "21. (1) Save as aforesaid, an appeal from a decree or order of a Subordinate Judge shall lie- (a) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed (seventy thousand taka) ..Category: Procedural Law | Date: | Hits: 168
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......cts he can invoke the law under which he is proceeded against which cannot be opposed to fundamental rights and the Tribunal is competent to enforce the statue. The matter arising from a departmental proceeding relating to terms and conditions of service of the petitioner the High Court Division rig..Category: Administrative Law | Date: | Hits: 421
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ion of the reported cases of Bangladesh Vs. Tan Khong Hock 31 DLR (AD) 69, Syed Md. Hashem Vs. State 48 DLR (AD) 87 and N Mahmud Vs. N Ahmed 36 DLR (AD) 14 unanimously held: "All the cases seeking quashing of the proceeding were preferred before taking of cognizance of the offence by the senior M......nsel for the respondent also submits that right after lodging of the FIR when the investigation had just started the petitioner brought this writ petition which is also not tenable under law since no proceeding as such was pending before any competent Court of jurisdiction and for this reason interf..Category: Criminal Law | Date: | Hits: 89
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......ent, in short, is that sub-section (2) of section 31 of the Act, 2009 provides that notwithstanding repeal of Money Laundering Prevention Ordinance, 2008 (in short, the Ordinance of 2008) any case or proceeding pending before any Court under the Ordinance shall be disposed of in such a way as if it ..Category: Criminal Law | Date: | Hits: 112
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ases of Bangladesh Vs. Tan Khong Hock, 31 DLR (AD) 69; Syed Mohammad Hashem alias Hashim Vs. State, 48 DLR (AD) 87 and N Mahmud Vs. N Ahmed, 36 DLR (AD) 14 unanimously held: "All the cases seeking quashing of the proceedings were preferred before taking of cognizance of the offence by the senior ......rit petition No.4202 of 2009 submits that right after lodging of the FIR when the investigation had just started the petitioner brought this writ petition which is also not tenable under law since no proceeding as such was pending before any competent Court of jurisdiction and for this reason interf..Category: Criminal Law | Date: | Hits: 107
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