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Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......nd on hearing the learned Advocates of both the sides we hold that the direct filing of such petitions by police, officials is highly incompetent and this cannot be entertained. 12. Now as regards holding of further investigation, the appropriate provision is section 173 (3B) of the Code of Crimi..Category: Criminal Law | Date: | Hits: 99
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
....of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......ersons raised objection as to submission of charge-sheet beyond the specified time. By order passed on that date learned Sessions Judge (Special Tribunal) upheld the contention of the accused persons holding that further investigation was stopped after 2.4.90 and the accused persons were entitled to..Category: Criminal Law | Date: | Hits: 82
.... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
......ice for constitution of larger Bench.
2. Mr. M I Farooqui, learned Advocate appearing for the petitioner contended that since the petitioner, has challenged the authority of the Respondent No.1 in holding the office of the Judge of Supreme Court of Bangladesh and also his authority in holding the..
Category: Procedural Law | Date: | Hits: 136
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......oner is that the sale in question is pure and simple exchange and the deed is accordingly Prepared, executed and registered and was acted upon and that the pre-emptor is not a co‑sharer in the case holding. 4. Trial Court dismissed the pre-emption petition on the ground that the pre-emption cou..Category: Property Law | Date: | Hits: 89
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......nsequent show cause notice as prayed for Fazle Hossain Md. Habibur Rahman J the Senior Judge of the Bench for reasons stated in his Judgment dated 25.11.91 rejected all the 3 writ petitions summarily holding Âthat section 4 of Act 27 of 1991 is a proper valid piece of legislation and the election o..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ...... The opposite party as plaintiff filed SCC Suit No.1 of 1977 in the Court of the Small Cause Court Judge (Sub‑Judge) at Pabna against the defendant‑petitioner for evicting him from the suit‑holding. The plaintiffs case, in short, is that he acquired the 'Ka' schedule property including the..Category: Civil Law | Date: | Hits: 140
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......t No.5 to cause an enquiry into the affairs of the union and for taking steps for de‑registration of the union. The respondent No.5 by a letter dated 20th January, 1990 fixed 28th January, 1990 for holding discussion on the subject and made a request to the Bank management for sending a representa..Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......Pradhan. It was alleged that in the FIR that plot Nos.49 and 49A situated at Kawron Bazar Commercial Area, each plot measuring 21 kathas, were put to auction fixing 5.9.85 at 10-00 AM as the date for holding auction. Accused Abdus. Sukur Pradhan offered highest bid of Tk.1,93,550.00 per katha for pl..Category: Criminal Law | Date: | Hits: 81
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......btained under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 3.2.82 passed by the learned Subordinate Judge, 5th Court, Dhaka in Money Suit No.11 of 1980, holding on a preliminary hearing, that the suit was maintainable. 2. An oil tanker named M.V. Pas..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ......the instant suit. In a suit for sale the preliminary decree is drawn up in the same manner as to a suit for foreclosure." 9. We, therefore, hold that the High Court Division acted illegally in not holding that the plaintiff appellant was entitled to interest pendente lite i.e. from the date of th..Category: Civil Law | Date: | Hits: 141
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......tion purchaser and it has been alleged in the plaint that this man was the caretaker of this land sold in auction, on behalf the petitioner Sarajubala. 4. The trial Court dismissed the application holding, inter alia, that the application suffered from defect of party as all the heirs of deceased..Category: Property Law | Date: | Hits: 106
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......llaneous Appeal No.90 of 2006 before the learned District Judge. In the appeal, present petitioners filed application for not to sell the auctioned land to anybody. Learned Judge dismissed the appeal holding that since Judgment debtors did not deposit 50% of the decreetal amount, the appeal is not m..Category: Civil Law | Date: | Hits: 156
....und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 471.......ustoms, Excise and VAT by depositing Taka 43,81,416 as statutory requirement for filing the Appeal under section 42(2)(a) of the VAT Act (Annexure-D and D-1) which was allowed on contest on 8-11-2003 holding that the petitioner (TCB) would be exempted from paying trade VAT @ 1.5% and the Commissione..
Category: Fiscal/Taxation Law | Date: | Hits: 323
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....and as such it calls for interference. The imÂpugned order be set aside and the Rule be made absoÂlute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......ecision in the case of Safiuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Management Board, it was held by learned brother Mr. Abdur Rahman Chowdhury, J. (as he then was) that a lessee holding his lease under E.P. (Lands and Buildings) Administration and Disposal Order, 1966, is not a..Category: Procedural Law | Date: | Hits: 193
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. ......er the deciÂsion has been rightly given within the frame of the Ordinance and the evidence on record and in doing so certainly the Tribunal exercises a judicial function and we have no hesitation in holding that the AppelÂlate Tribunal is a Court. 11. In the present case the payment of the comp..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 disÂcharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......ate of such dismissal. This shall be without prejudice to any other rights of and remedies with the Bank." Save and except the above terms and conditions of the service, there was no provision for holding and conducting enquiry prior to the publication of the Bangladesh Agrani Bank Employees Serv..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....e Suo Motu Rule No. 47/89 is also disÂcharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ...... her husband whose body was burnt with acid and the mouth of the said dead body was stuffed with cotton. It was learnt that in the evening of 30.10.86 her husband's car had reached Aricha Ghat. After holding inquest Shivalaya Police sent the same to the Manikganj morgue for post mortem examination a..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......bsentia along with accused Jahur Ali since acquitted. The learned Deputy Attorney-General continues to urge that since procedure laid in section 339B of the Code of Criminal Procedure was observed in holding the trial of the absconding accused and since that proceÂdure is silent about the arrangeme..Category: Criminal Law | Date: | Hits: 107
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
.... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ......11.86. Against that judgment and decree, an appeal was preÂferred by defendant Nos.3 and 4 and the lower ApÂpellate Court set aside the judgment and decree of the trial Court and allowed the appeal holding, inter alia, that the plaintiff failed to prove the genuineness of the contract for sale for..Category: Civil Law | Date: | Hits: 133
Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)
....peal find answer in the foregoing discussion. For these reasons, this Rule is made absoÂlute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ......47, rule 1 C.P.C. before the Election Tribunal, Fatikchari for reviewing the order dated 15.12.1988 striking out the allegation and Election Misc. Case No.1 of 1989 was started. The Tribunal, however holding that there was no ground for review as prescribed under Order 47, rule 1, rejected the apÂp..Category: Election Law | Date: | Hits: 194
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