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Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)

....urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......fore the date of com­mencement of the State Acquisition and Tenancy (Sixth Amendment) Order, 1972 (P.O. No.137 of 1972), under the law then in force. (3) All suits, applications, appeals or other proceedings for the assertion of any claims to hold, as an increment to any holding, any land gained..

Category: Property Law | Date: | Hits: 133

Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)

....e is remanded back to the Tribu­nal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191....... Badrul Haider Chowdhury J.- This appeal by special leave is directed against an order dated 11.7.78 passed by the High Court Divi­sion in Writ Petition No.806 of 1977. Facts giving rise to the proceeding are as follows:— Respondent No.2 contested for the post of Chairmanship of No.14, Ba..

Category: Election Law | Date: | Hits: 163

M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)

.... bail by this Court in Criminal Miscellaneous Case No.13056 of 2007. 5. The accused petitioners then moved this Court with this application under section 561A of the Code of Criminal Procedure for quashing the impugned proceedings and obtained the rule on 24-9-2007 and further proceedings of the ...... 2008. Judgment Md. Delwar Hossain J.- This Rule was issued upon an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the proceedings of Tejgaon Police Station Case No.48 dated 21-7-2007 corresponding to GR No.573 of 2007 ..

Category: Criminal Law | Date: | Hits: 86

Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)

....t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......2008. Judgment Khondker Musa Khaled J.- On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite party to show cause as to why the proceedings of ACC GR Case No.51 of 2008 arising out of Shyampur PS Case No.1 dated 1-2-2008 under s..

Category: Criminal Law | Date: | Hits: 61

Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)

....usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ......Criminal Miscellaneous Case No.12635 of 2008. Judgment Md. Rezaul Hasan J.- This application under section 561A of the Code of Criminal Procedure (CrPC), has been filed seeking quashment of the proceedings of Metropolitan Sessions Case No.793 of 2008 under section 138 of the Negotiable Instrum..

Category: Criminal Law | Date: | Hits: 86

AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)

....examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ..

Category: Trust/Waqf Law | Date: | Hits: 153

Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)

....appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......able in the eye of law. 13. On going through the first information report, charge-sheet, statements of witnesses under section 161 of CrPC, we are of opinion that there is no sufficient ground for proceeding against the accused in this case. The Tribunal without considering the facts and circumst..

Category: Criminal Law | Date: | Hits: 64

Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)

....minal Miscellaneous Case No. 11666 of 2003. Judgment SM Dastagir Husain J. - This application under section 561A of the Code of Criminal Procedure at the instance of the accused petitioners for quashing the proceeding wherein Rule was issued calling upon the opposite party to show cause as to ......aneous Case No. 11666 of 2003. Judgment SM Dastagir Husain J. - This application under section 561A of the Code of Criminal Procedure at the instance of the accused petitioners for quashing the proceeding wherein Rule was issued calling upon the opposite party to show cause as to why the proce..

Category: Criminal Law | Date: | Hits: 70

Chairman, Uttara Manage­ment Ltd. and others Vs. Chairman, Labour Court, Rajshahi and another, 2004, 33 CLC (HCD)

....excess of its jurisdiction. Therefore, there is no merit in this Rule. The Rule is accordingly, discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 627. ......ing jurisdiction and therefore, when a Labour Court exercises jurisdiction which is beyond its territorial limits, that exercise of jurisdiction is void and without jurisdiction and consequently, the proceedings are also void". His further contention is that the respondent No. 2 being a Senior Su..

Category: Labour and Industrial Law | Date: | Hits: 188

National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)

....€‘3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624....... Taka 1000 per day since 1988 for violation of section 48BB of the Insurance Act, 1938 and for not complying with the direction of the respondent. It is found that the respondent did not initiate any proceeding nor prosecute the petitioner in the Court of Magistrate, First Class as required under se..

Category: Business or Commercial Law | Date: | Hits: 271

Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)

.... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622.......rge-sheet against Mirza Abbas and others which has been challenged under section 561A of the Code of Criminal Procedure and the High Court Division has been pleased to issue Rule and stay all further proceedings of the case and, in continuation of his submission, he submits that since all the afores..

Category: Criminal Law | Date: | Hits: 71

Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)

....he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614....... given case. Whether the presence of the complainant was essential on that date to proceed with the case or it would be dispensed with on scrutiny, it transpired that the complainant was different in proceeding with the case right from date of filing of the case. Court must consider whether the pers..

Category: Procedural Law | Date: | Hits: 73

A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)

.... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......is innocence, and declined to adduce any evidence in defense. The defense case, as it transpires from the trend of cross-examination that the appellant was innocent; he was released in a departmental proceeding on the self same allegation; he was not in charge of the godown at any point of time and ..

Category: Criminal Law | Date: | Hits: 61

Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)

....sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......llah Al Mamun, Deputy Attorney General-For opposite party No.2. Criminal Revision No. 879 of 1993. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the first party-petitioner in a proceeding under section 145 of the Code of Criminal Procedure was issued to examine the legality of..

Category: Property Law | Date: | Hits: 53

Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)

.... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ...... Shahabuddin Ahmed J. - The question involved in this appeal by special leave is whether the learned Single Judge of the High Court Division was well founded in law in refusing to stay the further proceedings of a suit under section 34 of the Arbitration Act, 1940. The suit itself was instituted ..

Category: Alternative Dispute Resolution | Date: | Hits: 238

Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)

....dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116....... in revenue sale held on 27.9.50 which was confirmed on 27.11.50 and delivery of possession given on 7.4.51. Thereafter all the under tenures appertaining to the said Touzi were annulled in a regular proceeding; and the plaintiff got possession of all lands excepting the suit land. According to the ..

Category: Property Law | Date: | Hits: 58

Faridul Islam alias Faridul Alam and others Vs. State, represented by the DC, Chittagong and another, 2011, 40 CLC (AD)

.... out of the record. Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 44.......on for leave to appeal is directed against the judgment and order dated 16-05-2O10 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 8044 of 2007 out of arising proceeding of Lohagara Police Station Case No.19 (4)2007 corresponding to GR No.93 of 2007 under Sec..

Category: Criminal Law | Date: | Hits: 85

Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)

....dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......w on the question of limitation and eventually fell in error in disallowing the respondent's case On limitation, although in the body of 'the judgment he noticed legal infirmities in the departmental proceeding, vitiating the order of penalty. The Administrative Appellate Tribunal further held, that..

Category: Administrative Law | Date: | Hits: 240

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. ......as called for hearing, the Court shall make an order setting aside the decree as against him upon such terms as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit: Provided that where the decree is of such a nature that it cannot be se..

Category: Procedural Law | Date: | Hits: 80

Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)

....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......time of finalisation of talk. It has been clearly asserted in paragraph 1 of the written statement that the plaintiff is not the real plaintiff of the suit and in his garb defendant No.1 started this proceeding for making illegal gains. It appears that at no point of time the plaintiff appeared in t..

Category: Procedural Law | Date: | Hits: 68