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Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)

....e decree the same was put into execution on 21-1-1998 by the opposite party No.1 through Execu­tion case No.2 of 1998 as the opposite party No.1 did not comply with the term of the decree within the stipulated time. The opposite party No.1 filed an application to draw contempt proceeding against th......dingly it was rejected by this Court as being not pressed. 3. Miscellaneous Case No.9 of 1998 was rejected on the ground of limitation inasmuch as the petitioner did not raise objection within the period of limitation as contemplated by Article 178 of the Limitation Act. 4. Here it may further..

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

Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)

....thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......months from the date of receipt of this order. The learned Advocates of the respective parties have assured that the steps would be taken for expeditious hearing of the suit within the said specified period. In the result the Rule is made absolute without any order as to costs and send down the reco..

Category: Procedural Law | Date: | Hits: 178

Yousuf (Md.) Vs. Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others, 1997, 26 CLC (HCD)

....ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld. Send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 412. ......the suit against the defendant. It is further averred in the written statement that the Government, a necessary party in the suit for specific performance of contract, was not made a party within the period of limitation and, as such, the suit is liable to be dismissed because of the bar of limitati..

Category: Property Law | Date: | Hits: 120

Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)

....26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.......e power to cancel the notification can be attributed to the Commission be­cause once a notification is published the aggrieved candidates acquire a legal right to submit an election petition and the period of limitation is counted from the date of publication of the Gazette notification. The nature..

Category: Election Law | Date: | Hits: 216

Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD

....r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......ion Parishad. 2. The petitioner alleges that for violation of Martial Law Regulation Nos.14 and 15 of 1982, i.e., for unauthorised detention and illegal possession of 1709.24 acres of land for the period from 23.5.82 to 7.11.83, the respondent No.6 was convicted by the Chairman, Summary Martial L..

Category: Election Law | Date: | Hits: 220

Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)

....t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is sum­marily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......by the Upazila Magistrate is a nullity. On the prayer of Investigating Officer the Sessions Judge in Misc. case No.90 of 1987 by his order dated 14.3.88 ex­tended time for investigation for further period of seven days from 10.2.88 Mr. Omar Ali, OC, Bheder­ganj PS. who is the Investigating Office..

Category: Procedural Law | Date: | Hits: 127

Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)

....he satisfaction of the Deputy Commissioner, Dinajpur till commence­ment of the trial of this case before the learned Ses­sions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......ed Sessions Judge, to the se­rious prejudice of the accused-petitioners. 16. Hence, we are of the view that it will not be unreasonable if we enlarge the accused-petitioners on bail for a limited period till the trial starts in the Court of the learned Sessions Judge. Of course, the trial Court ..

Category: Criminal Law | Date: | Hits: 74

Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)

....n accor­dance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477.......by giving blows by dao and went away towards the south. Police started investigation into the case. As the police was unable to complete the investigation within the peri­od of 60 days plus extended period of 30 days as con­templated in sub-section (5) of section 167 Cr.P.C., the police with the p..

Category: Procedural Law | Date: | Hits: 113

Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)

....।” 12. The appellant before the Board, i.e. the petitioner before us was aggrieved under section 12(4), not under Section 20(2), because the DM failed to dispose of her application within the stipulated sixty days period, yet the Board slipped out of the orbit in denying to itself jurisdicti......istrate, Dhaka, (henceforth the DM) on 17th January, 2010 for the Daily Ittehad or the Daily Deshkal, knowing that declarations of both the dailies had become a nullity for non-application for a long period. 3. The petitioner suggested two names: the Daily Ittehad and the Daily Deshkal but expre..

Category: Others | Date: | Hits: 171

Parvaj Vs. State, 2012, 41 CLC (HCD)

....surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......ise of its inherent power under section 561A of the Code. The Rule, having no substance, is discharged. Petitioner Parvaz is directed to surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree...

Category: Criminal Law | Date: | Hits: 73

Sirajuddin Sarkar Vs. Md. Fazlul Haque and others, 2012, 41 CLC (HCD)

....e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ......ases that indefinite postponement of a criminal case is against the policy of law. When there is no time-limit for disposal of the miscellaneous cases, stay of the instant criminal case for uncertain period would definitely prejudice the criminal proceedings and on laps of unlimited time, it will be..

Category: Procedural Law | Date: | Hits: 114

Md. Manzil alias Md. Manzil Miah Vs. State, 2012, 41 CLC (HCD)

....y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......Tribunal No.4, Kushtia in Special Tribunal Case No.158 of 2001 is maintained. The appellant Md. Manzil alias Md. Manzil Miah is directed to surrender before the trial Court to serve out the remaining period of sentence within one month from receipt of this judgment by the trial Court. In case of his..

Category: Criminal Law | Date: | Hits: 87

Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)

....entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......01 is maintained. The appellant is directed to surrender before the Special Tribunal No.3, Rajshahi within one month from receipt of this judgment by the concerned Tribunal to serve out the remaining period of sentence, if any. In case of his failure to do so, the law will take its own course. Send ..

Category: Criminal Law | Date: | Hits: 113

Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)

....custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... the Sessions Judge, Tangail in Session Case No.232 of 2004 is hereby maintained. The appellant Md. Saiful Islam alias Maznu is directed to surrender before the trial Court to serve out the remaining period of his sentence. The period of his imprisonment in custody during the trial will be deducted ..

Category: Criminal Law | Date: | Hits: 110

Sahajahan and others Vs. State, 2012, 41 CLC (HCD)

....y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ed as follows: “It is therefore of no consequence if the learned Sessions Judge has made a mistake in holding that since he had taken charge of the Sessions Division on January 23, 1991, a fresh period of 270 days will start from that date. Section 339C referred to an offence, not to a person. ..

Category: Criminal Law | Date: | Hits: 124

Noab Mia and another Vs. State, 2012, 41 CLC (HCD)

....nder before the trial Court to serve out the remaining period of their sentences. Send down the records of lower Courts. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... 7.9.1992 passed by the Sessions Judge, Brahmanbaria in Criminal Appeal No.71 of 1992 is hereby maintained. The petitioners are directed to surrender before the trial Court to serve out the remaining period of their sentences. Send down the records of lower Courts. Mohammad Marzi-ul-Huq J.- I agr..

Category: Limitation Law | Date: | Hits: 194

Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)

....y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ed as follows: “It is therefore of no consequence if the learned Sessions Judge has made a mistake in holding that since he had taken charge of the Sessions Division on January 23, 1991, a fresh period of 270 days will start from that date. Section 339C referred to an offence, not to a person. ..

Category: Procedural Law | Date: | Hits: 112

Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)

....missal of the respondent No.2 is modi­fied to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ......er or the manager approves of such order. (2) A worker charged for misconduct may be suspended pending enquiry into the charges against him and unless the matter is pending be­fore any Court, the period of such suspension shall not exceed sixty days; (3) ........................................

Category: Labour and Industrial Law | Date: | Hits: 160

Bangladesh Can Compa­ny Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)

.... made absolute without any order as to costs. The impugned order was passed without any lawful authority and is of no legal ef­fect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 368. ......rom doing their duties under the then Government of East Pakistan/Pakistan and did not receive any salary from the said Government with a view to participate in the war of liberation for a continuous period of 3 months. Their further case is that none of them served under the then Government or unde..

Category: Labour and Industrial Law | Date: | Hits: 268

Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)

....on 4.5.68 a notice was issued to the petitioner asking him to show cause as to why the lease should not be terminated for violating the terms of the lease deed by not starting construction within the stipulated time. The petitioner had shown cause stating that the full possession of the lease-hold p......to explain as to why the lease should not be cancelled on the ground that the condi­tion No.3 of the indenture had been violated by not constructing the building on the demised land within the fixed period. On receipt of the show cause notice the petitioner filed a reply explaining in details what ..

Category: Property Law | Date: | Hits: 115