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Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)

....he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ......ure filed by the petitioner and, as such, the order passed by the Artha Rin Adalat is without lawful authority. He has further argued that the petitioner and his brother have challenged the said sale proceeding on the ground of fraud committed by the decree-holder and in deciding the question of fra..

Category: Civil Law | Date: | Hits: 61

Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)

....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......aw and as such the “স্বপ্রনোদিত তথ্য প্রকাশ অধ্যাদেশ, ২০০৮” (Voluntary Disclosure of Information) Ordinance and the acts done and proceeding taken by the impugned Ordinance are liable to be declared to have been made without lawfu..

Category: Constitutional Law | Date: | Hits: 264

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

....d and order of stay granted therein is recalled and vacated. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 530. ......annot be disputed, therefore, that the essential ingredient of res judicata that the matter on which the plea of res judicata is founded must have been finally adjudicated and decided in the previous proceedings, in order to furnish the ground for such plea to succeed. A matter which though is in is..

Category: Civil Law | Date: | Hits: 92

Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)

....he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ...... was made in the names of defendant Nos. 1 to 5 and unknown persons. The plaintiff did not receive any notice either under section 3 or 6 of the Ordinance. Plaintiff did not challenge the acquisition proceeding or the making of the award. Plaintiff instituted the suit only for declaration of its rig..

Category: Property Law | Date: | Hits: 61

Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)

....ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ...... This Rule arising out of an application under section 561A of the Code of Criminal Procedure at the instance of the petitioners was issued calling upon the opposite party to show cause as to why the proceedings of CR Case No. 31 of 2000 under sections 464/465/467/468 /469/471/109 of the Penal Code ..

Category: Criminal Law | Date: | Hits: 94

Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)

....titioner. Aktar Imam, Advocate—For the Informant. Criminal Miscellaneous Case No.11845 of 2003. Judgment SK Sinha J.- This Rule at the instance of the petitioner Md. Rafiqul Alam is for quashing the proceedings in GR Case No.399 of 2003 arising out of Gulshan Police Station Case No.26 ......Aktar Imam, Advocate—For the Informant. Criminal Miscellaneous Case No.11845 of 2003. Judgment SK Sinha J.- This Rule at the instance of the petitioner Md. Rafiqul Alam is for quashing the proceedings in GR Case No.399 of 2003 arising out of Gulshan Police Station Case No.26 dated 10‑3-..

Category: Criminal Law | Date: | Hits: 89

Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)

.... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ......e petitioner, raised only one point. According to the learned Advocate, the Miscellaneous Case No.39 of 2001 under Order IX, rule 9 of the Code of Civil Procedure for restoration of the pre‑emption proceeding was not maintainable in view of section 96(13) of the State Acquisition and Tenancy Act w..

Category: Property Law | Date: | Hits: 52

Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)

....side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ......filed a 'Solenama' in Court. By order dated 3‑2‑93 the Court ordered to keep the 'Solenama' on record for disposal along with the suit. 14. It is now well settled by good authorities that if a proceeding is though premature on the date of filing but with the continuance of the proceeding beco..

Category: Property Law | Date: | Hits: 61

Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)

.... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......der President's Order 27 of 1972 it (the Company) was brought within the ambit of the Corporation, that does not mean that the company became extinct nor, for that matter, it could be argued that the proceeding should not be initiated by the Company itself. The relationship between the parties wa..

Category: Employment/Service Law | Date: | Hits: 122

Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)

....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......Attorney General - For the State. Khurshed Alam Khan, Advocate - For the Anti Corruption Commission (ACC). Criminal Miscellaneous No. 9051 of 2011 (Application u/s 561A CrPC for quashment of proceedings of the Special Case No. 18 of 2007 pending in the Court of Special Judge, Court No. 3 Dh..

Category: Administrative Law | Date: | Hits: 173

Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)

....n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623.  ......n Clauses 17 and 18: "17. Any disputes or differences arising out of or in connection with this Guarantee shall be referred to Arbitration under the ... the Arbitration Act, 2001. 18. All legal proceedings arising out or under this Guarantee shall be subject to the jurisdiction of the Courts a..

Category: Alternative Dispute Resolution | Date: | Hits: 222

Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....ial Case No.60 of 2008. The cognizance was taken by his order dated 8-5-2008. 3. Being aggrieved by and dissatisfied with the above proceeding the petitioner preferred the Instant application for quashing the proceeding against her under section 561A of the Code of Criminal Procedure. 4. Lea...... of 2008. Judgment Md. Shamsul Huda J.- This rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the proceeding of Special Case No.5 of 2008 arising out of Tejgaon Police Station Case No.19 dated 9-12-..

Category: Criminal Law | Date: | Hits: 126

Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)

....the Employment of La­bour (Standing Orders) Act for punishing the appellant and the Managing Director of the Employer Company for failing to implement the order. The Company moved the High Court for quashing the proceedings under section 561A of the Code of Criminal Procedure. High Court, Rangpur B......t of La­bour (Standing Orders) Act for punishing the appellant and the Managing Director of the Employer Company for failing to implement the order. The Company moved the High Court for quashing the proceedings under section 561A of the Code of Criminal Procedure. High Court, Rangpur Bench took the..

Category: Labour and Industrial Law | Date: | Hits: 177

Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)

....e, if any, for vindication of his right, if so ad­vised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......t sheet of the centre was subsequently replaced by a false and fabricated result sheet are without any basis. These being all question of facts cannot be decided without entering into evi­dence in a proceeding under Article 102 of the Con­stitution, the learned Advocate submits. The learned Advoca..

Category: Election Law | Date: | Hits: 171

Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)

....bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......ose to be adulterated. It has been alleged by the defence that the raid was conduct­ed by unauthorized persons and the complaint peti­tion was lodged also by unauthorized persons mak­ing the whole proceeding a nullity. Further, Mr. Sanaullah, the Hoechst representative in spite of be­ing arreste..

Category: Criminal Law | Date: | Hits: 83

Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)

....scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ......of our jurisdiction under section 115 of the Code of Civil Procedure. In the result, this Rule is discharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 24..

Category: Procedural Law | Date: | Hits: 82

Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ...... be adjourned, hold an enquiry and hear the objections of any persons who may appear, recording such evidence as may be necessary.” 38. Section 27 runs thus: “27. Wherever, in the course of proceedings under this Act, save as hereinafter provided, it appears that land is required for any o..

Category: Environmental Law | Date: | Hits: 1051

GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)

....6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122.......laim made by MV Hawai Splendour in Admiralty Suit No.33 of 1995 or in Admiralty Suit No.13 of 1996. 24. Dr. M Zahir submits that in the aforesaid situation it would be quite just and proper of the proceeding of the principal cause i.e. Admiralty Suit No.33 of 1995 is suspended until security is f..

Category: Admiralty Law or Maritime Law | Date: | Hits: 353

Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)

....cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......argued that the Court of appeal below failed to notice that although the appeal may be incompetent owing to the wrong person being named as respondent but the Court which deals with it is acting in a proceeding in a suit and as such has full power under section 153 of the Code of Civil Procedure to ..

Category: Procedural Law | Date: | Hits: 70

M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)

....s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......33 of the Act it has not been provided that while furnishing security in such matters the provision of the Code of Civil Procedure shall have to be complied with or those will be applicable in such a proceedings proceeding. The learned Advocate contends that in section 33 of the Arbitration Act ther..

Category: Alternative Dispute Resolution | Date: | Hits: 245