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Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)

....and as such it calls for interference. The im­pugned order be set aside and the Rule be made abso­lute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ...... are made in their discretion, unless the discretion is exercised fan­cifully or arbitrarily. Order 1, rule 10(2) of the Code of Civil Procedure empowers the Court to add parties at any stage of the proceeding either upon or without application, who ought to have been joined whether as plaintiff or..

Category: Procedural Law | Date: | Hits: 193

Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)

....me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......rder passed by Upazila Magistrate Maheshkhali, Cox's Bazar finding possession of the lands in favour of 1st party, 2nd party, 3rd party, Added 3rd party and 4th Party and against Added 4th party in a proceeding under section 145 of the Code of Criminal Procedure. 2. The facts giving rise to this ..

Category: Criminal Law | Date: | Hits: 126

Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)

....stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ......o the requiring body for placement of the fund and fund was not placed by the opposite party No.2 and instead raised an objection as to the assessment of the Award. Ac­cordingly the land acquisition proceeding abated un­der section 12 (1) of the Ordinance. Thereafter the land being in urgent need ..

Category: Alternative Dispute Resolution | Date: | Hits: 280

Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)

....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also dis­charged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......oner by retarding the progress of the banking business made by the plaintiff and accord­ingly, on 2nd April 1974, defendant No.1 General Manager, Agrani Bank was led to draw up a false and frivolous proceeding under his office Memo. Ext. 2 with the allegations that the plaintiff remained ab­sent f..

Category: Employment/Service Law | Date: | Hits: 175

Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

..... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ......f the Repub­lic or of a local authority to refrain from do­ing that which he is not permitted by law to do or to do that which he is required by law to do; or (ii) declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or ..

Category: Others | Date: | Hits: 227

Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)

....­peal find answer in the foregoing discussion. For these reasons, this Rule is made abso­lute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ......es before him and the provisions of Order 43, rule 1 has no role to play in this case. Thirdly, by impugned order the learned District Judge neither had decided the appeal on merit nor has stayed the proceeding of the election case pending before the Election Tribu­nal and as such no injustice has ..

Category: Election Law | Date: | Hits: 194

Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)

....deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......ein his Lordship held, "If at any time after an application for pre-emption has been made, the property is again transferred, such subsequent transferee may be made a party to the pending pre-emption proceeding and the money al­ready deposited may be paid to such subsequent transferee, who is not e..

Category: Property Law | Date: | Hits: 100

Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)

....le is discharged with­out any order as to costs and the suit is restored to its file and number and the order impugned is af­firmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ......rder for payment of cost was complied with by depositing the cost out of time. The order impugned before me was made for securing the ends of justice as the same was directed to avoid multiplicity of proceeding, prolongation of the pro­ceeding and unnecessary financial hazard and to advance cause o..

Category: Criminal Law | Date: | Hits: 85

Lal Mia Vs. State, 1989, 18 CLC (HCD)

....n fil­ing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......e of Hakim Rai Vs. The State, be­fore a Full Bench of Punjab High Court, reported in AIR 1957 (Punjab) 134. That was a case concern­ing complaint filed by a court for using a forged doc­ument in a proceeding before that court. The com­plaint was filed in the court of Additional District Magistra..

Category: Procedural Law | Date: | Hits: 122

Saidur Rahman Vs. State, 1992, 21 CLC (HCD)

....e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ...... while leaving, the Martial Law does not leave a trail and it is good as long as it lasts, but with its departure it no longer casts a shadow upon the ordinary laws of the land. Here in this case the proceedings was earlier pending before the Summary Martial Law Court and there certain witnesses hav..

Category: Criminal Law | Date: | Hits: 98

Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)

....under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ......he materials on record that respondent No.2 filed the aforesaid complaint case alleging that he was implicated in a false criminal case and was discharged from that case and thereafter a departmental proceedings was started against him. In that departmental proceeding witnesses were not examined in ..

Category: Labour and Industrial Law | Date: | Hits: 177

Ahad Miah Vs. State, 1997, 26 CLC (HCD)

....etitioner, to file hajira by him and to sign the register. In the result, this application is allowed with the aforesaid observation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 200.......rty of movement of a citizen but as well is unwarranted as that has been done without any sanction of law and partakes the nature of contempt of Court. In this view of the matter, however, we without proceeding further for such unwarranted order of the District Magistrate against him, express our in..

Category: Criminal Law | Date: | Hits: 86

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189.......son is always treated as a serious matter by the law enforcing agencies. But here the same has been treated otherwise. It appears that the prosecuting agencies while lodging the FIR or initiating the proceeding acted very half‑heartedly. 6. Now as regards the objection that has been raised by t..

Category: Criminal Law | Date: | Hits: 89

Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)

....rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......no right, title, interest and possession in the suit land and the suit would be dismissed on compromise but no copy of the said compromise petition was served upon the petitioner. The suit while thus proceeding the defendant petitioners filed an application on 19-11-95 under Order 1 rule 10 Code of ..

Category: Civil Law | Date: | Hits: 154

Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)

....trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ......ndment reads as: "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 twenty thousand rupees, ..

Category: Procedural Law | Date: | Hits: 102

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

....o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......shed in the official gazette, the assent, unless the contrary is expressed in an Act of Parliament or regulation shall constitute as coming into operation immediately on the expiration of the day the proceeding its commencement. 45. Section 6 of the Acting President’s order No.1 of 1972 repeali..

Category: Property Law | Date: | Hits: 111

Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)

.... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ......d Amirul Islam J.—This Rule was issued calling upon the opposite parties in following terms: "Let a Rule be issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn up against them for willful disobedience in handing over the delivery..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 417

Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)

....oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ...... of 1988. Judgment Qazi Shafiuddin J.- This Death Reference was submitted by the learned District and Sessions Judge, Narail, under Memo No.620 dated 11.5.88 along with the records of the proceedings of the Sessions Case No.64 of 1985 under sections 302/109 for confirmation of the death ..

Category: Criminal Law | Date: | Hits: 95

Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)

....bdus Salam Mamun, Assistant Attorney‑General ‑ For the State. Criminal Revision No. 839 of 1990. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioner is for quashing the proceedings of Special Tribunal Case No.50 of 1987 pending before the Special Tribunal ......mun, Assistant Attorney‑General ‑ For the State. Criminal Revision No. 839 of 1990. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioner is for quashing the proceedings of Special Tribunal Case No.50 of 1987 pending before the Special Tribunal No. II, Bager..

Category: Criminal Law | Date: | Hits: 73

Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)

....hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ......he award within 3 years from the date of award. The suit has been filed very much within the period of limitation. 11. Mr. Rahman next submits that the plain­tiff being a party to the arbitration proceeding cannot independently file the award in Court within the au­thority of the arbitrator as ..

Category: Procedural Law | Date: | Hits: 93