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....he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
......r case that the present appellants started Execution Case No. 20 of 1985 for Execution of the judgment and decree dated 30.11.1977 passed in other class Suit No. 41 of 1974 (Exhibit-‘ka’) and the proceeding of that case was stayed. It was the further case of the plaintiff respondent that before ..
Category: Property Law | Date: | Hits: 113
....t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......cept any additional written statement. Challenging the said order of rejection, the petitioners moved in this Court with the instant Civil Revision, obtained the Rule and an order staying all further proceedings in the suit.
5. Mr. Probir Neogi, learned Advocate appearing for the petitioners subm..
Category: Property Law | Date: | Hits: 67
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......nd' in section 24 of the Non-Agricultural Tenancy Act has been used in the same sense as the expression 'holding' has been used in section 26F of the Bengal Tenancy Act. In this case arising out of a proceeding under section 24 of the East Bengal Non-Agricultural Tenancy Act, 1949, one of the points..Category: Property Law | Date: | Hits: 85
Chandi Proshad Dhar Vs. Bibha Rani Dhar & Others, 1996, 25 CLC (HCD)
.... substance in this Rule. The Rule is discharged without cost. Order of stay passed at the time of issuance of the Rule is hereby vacate Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 355.......oner is not an heir of the testator and he may be a co-sharer in the property under the Will but for this he cannot claim to have any interest in the estate of the deceased and so to come and see the proceeding before granting of probate as prescribed in the aforesaid clause (c). Decision of the App..Category: Property Law | Date: | Hits: 70
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......shall be deemed to be an interest entitling the person who procured such attachment to the benefit to sub-rule (1).” Order 1 rule 10(2) runs thus: “10. (2) the Court may at any stage of the proceedings, either upon or without the application of either party, and on such, terms as may appea..Category: Procedural Law | Date: | Hits: 74
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
....ed to the petitioner in both the cases. Thereafter, the petitioner instituted Criminal Revision Nos. 978 of 1991 and 435 of 1992 in this Court under section 561A of the Code of Criminal Procedure for quashing the proceeding of the aforesaid two criminal cases. Both these revision cases are still pen......itioner in both the cases. Thereafter, the petitioner instituted Criminal Revision Nos. 978 of 1991 and 435 of 1992 in this Court under section 561A of the Code of Criminal Procedure for quashing the proceeding of the aforesaid two criminal cases. Both these revision cases are still pending before t..Category: Constitutional Law | Date: | Hits: 238
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
....is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24......., prescribed under section 339C of the Code of Criminal Procedure, the petitioners filed an application under the aforesaid section on 28.7.92 stating that 303 working days had expired; therefore the proceedings of Sessions Case No. 30 of 1991 should be stopped and the accused petitioners be release..Category: Procedural Law | Date: | Hits: 80
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
.... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ......fect from 08-3-1990. However, his resignation letter was not accepted there and then. 3. He resumed work on 09-3-1990 and continued in his service thereafter. On the other hand, a departmental proceeding was started against him for being absent from the office on 08-3-1990 and a show cause no..Category: Employment/Service Law | Date: | Hits: 156
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......en two stages of the same litigation to this extent that a Court having at an earlier stage decided a matter in one way will not allow the parties to reagitate the matter at subsequent stage of the proceeding." 8. Secondly, the impugned order is not a speaking order inasmuch as without assignin..Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......ase of Mian Fazal Din Vs. Lahore Improvement Trust reported in 21 DLR (SC) 225, the Pakistan Supreme Court took somewhat liberal view stating- "......the right considered sufficient for maintaining a proceeding of this nature is not necessarily a right in the strict juristic sense; but if is enough ..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......it and since then, they had been receiving the honorarium till stoppage of the same during 2003 by the BNP-Jamaat alliance Government and the respondents most illegally reopened the so-called medical proceeding with a view to deprive the petitioners from the benefit though legally granted honorarium..Category: Others | Date: | Hits: 149
Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)
....on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......Leave was granted to consider the point on the interpretation of section 28 of the Local Government Ordinance, 1976 (hereinafter referred to as the Ordinance) as the Tribunal refused to adjourn the proceeding of the Tribunal. On this question leave was granted in Civil Appeal No.112 of 1977 and th..Category: Election Law | Date: | Hits: 159
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......b-section (1) of section 111 of the Ordinance the Controlling Authority exercises control ever the activities of the Municipal Committee. The section empowers the Controlling Authority to quash any proceedings taken by the Municipal Committee; suspend the execution of any resolution passed or or..Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......inciple of natural justice is simply that no person shall be deprived of any vested right by any order judicial or otherwise without a hearing before an independent authority, not interested in the proceeding or in any party to the proceeding. The frontier of natural justice with the progress of..Category: Business or Commercial Law | Date: | Hits: 208
IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
....6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......s not applies generally but to a particular or specified subject or a class of subject. 11. Under section 109 of Bankruptcy Act, the learned District Judge has power to transfer and withdraw any proceeding pending in subordinate Court to himself or to any subordinate Court hut it relates only t..Category: Procedural Law | Date: | Hits: 126
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
.... drawer of the cheque can only be adjudicated in the trial and, as such, the proceeding cannot be quashed for factual aspect of a case. Whatever the defence case might be, that cannot be the basis of quashing the proceeding initiated against the petitioner when it is proved that the alleged cheque h......y..................................Petitioner Vs. State and another.................................Opposite Parties Judgment October 29, 2009 Result: The Rule is discharged and the proceedings in Metropolitan Sessions case should not be quashed. Cases Referred to- Nizamuddin..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....dure, the High Court Division has inherent jurisdiction to see whether institution and continuation of a criminal proceeding against any person would amount to sheer abuse of process of the Court and quashing of the same is needed to secure ends of justice. In the cases of Ali Akkas Vs. Enayet Hossa......ment Khondker Musa Khaled J.- This rule, at the instant of an application under section 561A of the Code of Criminal Procedure, was issued calling upon opposite-parties to show cause as to why the proceeding of Metropolitan Special Case No.42 of 2009 arising out Ramna PS Case No.33 dated 19-8-200..Category: Criminal Law | Date: | Hits: 100
....the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256.......ssed by the High Court discharging the rule in Writ petition No.22 of 1974.
2. The appellant filed a writ petition challenging an order of dismissal passed on 26.11.73.
Facts giving rise to the proceeding are as follows:
The appellant was holding a civil post in the services of the Republi..
Category: Employment/Service Law | Date: | Hits: 107
....ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
......ons of section 93A of the Town Improvement Act, 1953 (TI Act, 1953) were not in existence. That application having been allowed, an additional prayer was inserted as A(1) "to show cause as to why the proceedings of LA Case No.138/61-62 so far as it relates to the petitioner's land should not be decl..
Category: Property Law | Date: | Hits: 106
Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)
....the departmental proceeding against this petitioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ...... rules. The Appellate Tribunal also opined that the above provisions of the Government Servants (Discipline & Appeal) Rules, 1985 are mandatory and violation of these rules has vitiated the whole proceedings initiated against the appellant. The Appellate Tribunal, therefore, allowed the appeal..Category: Administrative Law | Date: | Hits: 263
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