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Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....ost of the employees of the High Court Division and according to the two Rules, the aforesaid posts are not equivalent or comparable. The writ petition was premature as the petitioner did not exhaust alternative remedies available under the existing rules and procedures through his Administrative Au......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67...Category: Employment/Service Law | Date: | Hits: 127
State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)
....ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:...... relating to the law of evidence which needs to be considered and examined by the highest court of judicature to secure the ends of justice." 10. Preparation of the paper book is dispensed with as prayer for. The accused respondents are directed to surrender before the Metropolitan Sessions Ju..Category: Criminal Law | Date: | Hits: 191
.... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ......ed 5-10-2006. Against this Order the petitioner filed Appeal to respondent No.1. Customs, Excise and VAT AppelÂlate Tribunal (hereinafter referred to as the Appellate Tribunal) on 6-10-2006 with the prayer for acceptÂing the Appeal for hearing by waiving deposit of 25% of the demanded or imposed p..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....ourts are more generous in allowing the amendments of the written statement as question of prejudice is less likely to operate in that event. He further submits that the defendant has a right to take alternative defence which, however, is subject to the exception that by the proposed amendÂment oth......a J. - In a suit for partition among the co-sharers, the defendant No.2 who is appellant before us filed additional written statement and then an application for amendment of written statement, which prayers were allowed by the trial Court, against which, on a revision petition moved by the defendan..Category: Civil Law | Date: | Hits: 86
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this apÂpeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......on 18(5) of the Ordinance, the tenant must clear his rent dues in terms of the contract or within fifteen days of the next following month and once the Court finds that the tenant is a defaulter, the prayer for ejectment cannot be refused on the plea that he is not a habiÂtual defaulter. 11. The..Category: Property Law | Date: | Hits: 87
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....ctroi posts and appointing the aforesaid officials. The Rules were, in July, 1976, amended by the Government by Notification No. S-VI/3R-2/76/17 dated 6.7.76 by incorporating a new Chapter "Chapter X alternative proviÂsion for collection of Octroi." 4. This amendment authorised the Municipal Com......uraged. In the above premises the appeal is disÂmissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171...Category: Fiscal/Taxation Law | Date: | Hits: 112
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......ory hearing. On that date also, the defendant prayed for adjournment for peremptory on the plea of coming to an amicable settlement with the plaintiff-Bank. The learned Subordinate Judge rejected the prayer of the defendant and asked both the plaintiff and the defendant to get ready for hearing. The..Category: Procedural Law | Date: | Hits: 80
Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
....92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170.......case was also started on 11-6-89 against the petitioner. The charges leveled against the petitioner were denied by him. He surrendered before the Divisional Special Judge, Rajshahi on 19-5-92 and the prayer for bail was refused but subsequently he was granted bail on 5-8-92 by the High Court Divisio..Category: Civil Law | Date: | Hits: 71
Aslam Vs. State, 1998, 27 CLC (HCD)
....ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......ayangonj in Special Tribunal Case No.19 of 1997 arising out of Narayangonj PS Case No.16(7)95 under section 19A(P) of the Arms Act. By this order the learned Tribunal Judge rejected the appellant’s prayer for bail. 2. The prosecution case, in short, is that, one Md. Awal Hossain Khan and Moniru..Category: Criminal Law | Date: | Hits: 65
Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)
....tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......t while being cross examined P.W.1 made a wrong statement for which some clarification was necessary and the learned Subordinate Judge was pleased by the impugned order dated 6-7-94 to allow the said prayer. It is against this order dated 6-7-94 allowing the plaintiffs prayer for re-examination of P..Category: Property Law | Date: | Hits: 66
....down the lower Court records immediately.
Cost assessed by the lower Court in respect of the share of the suit land is maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
...... the Kabala as chala land, is a part of dwelling house. The petitioner in his petition under section 4 of the Partition Act, stated that the suit land is a part of his own undivided homestead. So the prayer made by the petitioner in the trial Court under section 4 of the Partition Act is considered ..
Category: Property Law | Date: | Hits: 63
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......e of Criminal Procedure was issued upon the opposite party against order No.2 dated 26-10-2008 passed by the learned Sessions Judge, Brahmanbaria in Criminal Revision Case No.69 of 2008 rejecting the prayer for taking of Jimma of the seized vehicle namely Navana Taxi Cab No. Dhaka Metro Pa. 11-2556 ..Category: Criminal Law | Date: | Hits: 110
....t Division 49 persons filed the above writ petition seeking a direction upon the writ respondents who are petitioners herein to issue permanent appointment letters in their respective posts or in the alternative, they sought for transferring their services in the revenue set up. They claimed that th...... regularized in the revenue set up although the Government published Notification dated 10th December, 2009 for new recruitment. They made different representations up to the Prime Minister but their prayers were not acceded to. A Division Bench of the High Court Division presided over by Md. Mamtaz..
Category: Employment/Service Law | Date: | Hits: 147
Chutta Miah Vs. State, 2004, 33 CLC (HCD)
.... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ......tance of accused petitioner Chutta Mia is directed against the order dated 19‑2‑2004 passed by the Additional Sessions Judge, 1st Court, Brahmanbaria in Sessions Case No.104 of 2001 rejecting the prayer for recalling the witnesses for cross-examination. 2. The case of the prosecution is that..Category: Criminal Law | Date: | Hits: 68
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
....d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......f section 526 of the Code of Criminal Procedure. Secondly, he contends that there is no allegation against the Druta Bichar Tribunal wherein the present case has been sent for trial and, as such, the prayer for transfer of the case may not be considered. He lastly submits that there is nothing on re..Category: Criminal Law | Date: | Hits: 86
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......said case and without holding any inquiry to ascertain the identity of the petitioner rejected the application by simply observing that the Tribunal is 'functus officio" and allowed the prosecution's prayer for issuing custody warrant against the present petitioner by his order dated 6‑1‑2003 ch..Category: Criminal Law | Date: | Hits: 73
Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
....the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......e averments made on oath remain unassailed as indicated above, as such, we have no reason to discard those at this stage. 8. From the order passed by the Metropolitan Sessions Judge Dhaka refusing prayer for bail by the petitioner, it appears that the learned Metropolitan Sessions Judge has refus..Category: Criminal Law | Date: | Hits: 81
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......€‘01 the Judge. Artha Rin Adalat wrote to the District Judge for transfer of the suit from his Adalat since he was feeling embarrassed. The District Judge by his letter dated 21‑5‑01 rejected the prayer expressing that feeling embarrassment was not expected of a Judge. Said application was howev..Category: Civil Law | Date: | Hits: 109
Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)
....e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ......d Advocate for the appellants has placed before us the impugned judgment as well as the copy of the plaint of the suit. It appears that the suit is for a declaration of title simpliciter, without any prayer either for confirmation of possession or recovery of possession in the suit property. The que..Category: Civil Law | Date: | Hits: 89
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......tainability, which was adjourned ultimately, to 28‑5‑2000. 3. On 28‑5‑2000, the plaintiff filed notice/summons for issue upon said defendant respondents. Learned Judge however rejected the prayer of the plaintiff for issue of summons upon the defendants and rejected the plaint under secti..Category: Others | Date: | Hits: 185
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