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In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......e Stamp Act reads as follows:
"where an instrument has been admitted in evidence, such admission shall not, except as provided in section 61, be called in question at any stage of the same suit or proceeding on the ground that the instrument has not been duly stamped."
16. While passing the ju..
Category: Property Law | Date: | Hits: 78
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......he letter dated 25-7-05 sought for arbitration is not within the ambit of clause X of the contract agreement dated 18-10-2004, referring the above clause, he added. Therefore starting the arbitration proceeding is totally misconceived and award in question is beyond the agreement. He further submi..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......e, 1898 (V of 1898); section 540 The Evidence Act, 1872 (I of 1872); section 156 Section 540 CrPC empowers the Sessions Judge or any Court to examine or re-examine a witness at any stage of the proceeding if the evidence of such a witness appears to him essential for the just decision of the..Category: Criminal Law | Date: | Hits: 97
Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)
....rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453.......ore the date of their application for registration. 9. The learned Advocate for the opposite party No.1 submits that as these affidavits were sworn by 3rd parties they cannot be considered in this proceeding without examination of the persons who swore the affidavits. But it is well settled that ..Category: Intellectual Property Law | Date: | Hits: 257
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
.... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......e of the letters bears the proper stamp, the contract or agreement shall be deemed to be duly stamped. (d) Nothing herein contained shall prevent the admission of any instrument in evidence in any proceeding in a Criminal Court, other than a proceeding under Chapter XII or Chapter XXXVI of the Co..Category: Procedural Law | Date: | Hits: 120
Mahamudur Rahman Vs. Md. Matiur Rahman, 2006, 35 CLC (HCD)
....laluddin Mollah, Deputy Attorney-General - For State/Opposite Parties. Criminal Miscellaneous Case No.11262 of 2002. Judgment Sharifuddin Chaklader J.- This Rule was issued on 23-11-2002 for quashing the proceeding of GR Case No.3735 of 2002 pending before the Chief Metropolitan Magistrate,......ah, Deputy Attorney-General - For State/Opposite Parties. Criminal Miscellaneous Case No.11262 of 2002. Judgment Sharifuddin Chaklader J.- This Rule was issued on 23-11-2002 for quashing the proceeding of GR Case No.3735 of 2002 pending before the Chief Metropolitan Magistrate, Dhaka. 2...Category: Criminal Law | Date: | Hits: 87
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ...... that amendment of the Constitution by 2/3 majority could not be achieved without support of the ruling party for establishing a caretaker Government. It is further stated that "the boycotting of the proceedings of Parliament was continued to pressure the Government with the expectation that it woul..Category: Constitutional Law | Date: | Hits: 344
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......used appellant was a public servant but the concerned authority did not accord any sanction to prosecute him as required under section 6(5) of the Criminal Law Amendment Act, 1958 and thus the entire proceeding has been vitiated against the appellant. 9. Mr. Karim, having pointed out that the off..Category: Criminal Law | Date: | Hits: 99
Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)
....Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......ect of the suit land mentioned in the 'Ka' schedule forfeiting the same for establishment of a Hat under the Hat and Bazar (Establishment and Acquisition) Ordinance (Ordinance No. XIX of 1959) and VP proceeding mentioned in ‘Ga’ schedule to the plaint treating the suit plot No.755 as a vested pr..Category: Property Law | Date: | Hits: 84
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....here for as long as they chose' but in 1998, the concerned Authority decided to close down Mardon House. This was the immediate cause for the said litigation. Hidden J. granted an order of certiorari quashing the closure decision. On appeal, the Court of Appeal sought to strike a fair balance betwee......n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ..Category: Employment/Service Law | Date: | Hits: 208
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......ng into consideration of the evidence on record as the appeal is a continuation of the suit. Rather in my view recourse to such a procedure is all the more necessary in order to avoid multiplicity of proceeding and prolongation of litigation. The lower appellate Court formulated the following point ..Category: Property Law | Date: | Hits: 86
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....minal Reference Nos.1, 2 and 3 of 1997 Judgment Kazi Ebadul Hoque J. - These three References under section 438 of the Code of Criminal Procedure have been sent by the Sessions Judge, Dhaka for quashing the proceedings of CR Case Nos. 1075 of 1997, 1976 of 1997 and 1080 of 1997 pending before ......ce Nos.1, 2 and 3 of 1997 Judgment Kazi Ebadul Hoque J. - These three References under section 438 of the Code of Criminal Procedure have been sent by the Sessions Judge, Dhaka for quashing the proceedings of CR Case Nos. 1075 of 1997, 1976 of 1997 and 1080 of 1997 pending before the Chief Met..Category: Business or Commercial Law | Date: | Hits: 219
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......nd concluded that “it was therefore a statutory enquiry. Being a statutory enquiry the Screening Committee was bound to hold enquiry in accordance with law”. Herein lies the error. In the present proceeding no enquiry was necessary by any Committee since the Governor could "indisputably get hi..Category: Employment/Service Law | Date: | Hits: 196
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ...... and Local authority lands and buildings. The legislature passed such law obviously of necessity. A feeble attempt was made by the respondent's Counsel that plaintiff could have been ejected by Civil proceeding. This very contention begs the point for which the Ordinance XXVI of 1970 was passed. In ..Category: Property Law | Date: | Hits: 99
....ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
......as sold for arrears of rent under the Public Demands Recovery Act. Possession was delivered to the appellant on 11-2-74 and since then he was exercising various acts of possession. In the pre-emption proceeding the pre-emption challenged validity of the amalgamation of different plots of different h..
Category: Property Law | Date: | Hits: 128
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
.... Court the case was renumbered as Special Case No.15 of 2007. 5. The petitioner, who was in custody, moved this Court filing an application under section 561A of the Code of Criminal Procedure for quashing the proceeding of the case against him on the grounds that the seized CI sheets were not en......n under section 561A of the Code of Criminal Procedure filed by accused-petitioner Md. Nasiruddin Ahmed Pintu, this Rule was issued calling upon the opposite party-State to show cause as to why the proceedings of Special Case No.15 of 2007 arising out of Hazaribag Police Station Case No.19 dated 2..Category: Criminal Law | Date: | Hits: 230
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......tion 307 of the Bangladesh Labour Act. It is well settled by this time that this is not wise to bring the civil dispute before the Criminal Court in order to put pressure upon the party, and the proceedings liable to be quashed.......(12) Lawyers Involved: Abdur Razaque Khan with Md. ..Category: Labour and Industrial Law | Date: | Hits: 201
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......r section 561A of Code of Criminal Procedure being preferred by the accused petitioners namely, Dr. Kamal Hossain and 11 others calling upon the Deputy Commissioner, Dhaka to show cause as to why the proceedings as contained in Shahbagh PS Case No.6(12) 2006 dated 5-12-2006 corresponding to GR No.15..Category: Criminal Law | Date: | Hits: 132
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
....t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ...... and suffers from self contradiction from the facts of the case. Section 2 sub-section (24) runs as follows: “(XXIV) ‘Settlement’ means settlement arrived at in the course of conciliation proceeding, and includes an agreement between an employer and his workmen arrived at otherwise than ..Category: Labour and Industrial Law | Date: | Hits: 281
..... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......rsons or things may be classified into different categories according to those distinctions; this is what is called “permissible criteria” or “intelligible differentia”. The Legislature while proceeding to make law with certain object in view, which is either to remove some evil or to confer..
Category: Property Law | Date: | Hits: 150
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