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....ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
...... subject of the examination on mere surmise and conjecture. The learned Advocate also contended that principle of natural justice was not complied with by the Board of Residence and Discipline in the proceedings in which petitioner was found guilty and awarded to the petitioner was too harsh.
3. ..
Category: Civil Law | Date: | Hits: 85
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....n by a police officer not being below the rank of Inspector, in which case such police officer shall have the powers referred to in section 155, sub‑section (3)." The petitioners have prayed for quashing the proceeding invoking inherent jurisdiction of this Court. The power to be exercised unde......r quashment of the CR case No.226 of 1992 under sections 295A and 298 of the Penal Code now pending in the Court of Sadar Magistrate, Gopaalgonj. 2. The main ground urged for quashment is that the proceeding at the instances of a private individual for the offence under sections 295A and 298 of t..Category: Criminal Law | Date: | Hits: 70
Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)
....th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......torney-General-For the State. Criminal Miscellaneous Case No. 845 of 1995. Judgment Mahfuzur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause why the proceeding being Special Case No.136 of 1994 pending against the accused petitioners in the Court of..Category: Criminal Law | Date: | Hits: 105
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89....... his sons and did not pay any rent to them. No title was conferred in favour of Abdus Sattar and others nor in favour of the present plaintiff on the basis of their deed of exchange. 4. During the proceeding of the SCC suit, the defendant filed an application under section 23 of SCC. Act on 2‑5..Category: Property Law | Date: | Hits: 59
Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)
....nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150....... 1977) Judgment Badrul Haidur Chowdhury J.- This petition for special leave arises out of an order passed by the High Court Division. 2. The Sub-Divisional Magistrate, Sadar, Khulna, drew up proceedings under section 145 Cr. P.C. by his order dated 11-7-77 and on the same day attached the d..Category: Criminal Law | Date: | Hits: 69
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......at no such offence of abetment could be conceived of in respect of an offence under section 26(2) or 27(1) of the ACC Act, 2004. Accordingly, lodging of FIR, taking cognizance, initiation of criminal proceedings against the writ-petitioner are unwarranted, unauthorised and without jurisdiction." ..Category: Criminal Law | Date: | Hits: 108
.... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
......d 25-3-1977 passed by the High Court in F.M.A. No. 128 of 1977).
Judgment
Kemaluddin Hossain CJ.- This appeal by special leave arises from an order passed in a suit refusing to stay all further proceedings under section 34 of the Arbitration Act. The facts in outline are that Respondent 1 Cret..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
....arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ......rted in 38 DLR 1986 page 93. 8. In the case reported in 30 DLR 423 it has been observed "Non-service of the grounds of detention as required under Section 8 has been considered as fatal in the proceeding for detention itself, because it deprives the detenu from making necessary representati..Category: Criminal Law | Date: | Hits: 66
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......laration of his title in the suit land measuring 5.75 acres and recovery of khas possession by removing all obstructions such as tin-shed house, fencing etc. and for mesne profits in a subsequent proceeding. 3. The case of the plaintiff in short is that the suit land belonged to Sarada Ranjan..Category: Property Law | Date: | Hits: 66
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
..... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219.......embers of his family. The opposite party Nos.1 and 2 appeared before the learned Magistrate. Upon being examined under section 242 Cr. P.C. the opposite parties No.1 and 2 pleaded innocence. In the proceeding the petitioner examined 3 witnesses including himself, and the opposite parties examined ..Category: Criminal Law | Date: | Hits: 70
Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
....rdingly, the Rule is discharged without, however, any order as to cost. The Slay order passed on 12.7.88 hereby stands vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 215. ......e 9 i.e. 10.2.88, in our opinion, the impugned notification is not hit by Rule 6 sub-Rule (1) of the aforesaid Rules. Moreover the petitioner himself without raising any objection participated in the proceeding of the fresh poll held on 10.4.88. Thus, it is too late for him to question the validity ..Category: Election Law | Date: | Hits: 161
Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
.... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210....... vested in the Additional Secretary-in-Charge under section 26 of the Ordinance and he himself had no power to issue cither the show cause notice or the impugned order of disqualification. The entire proceeding was without jurisdiction. 15. Mr. Abdur Rab Chowdhury next submits that under section ..Category: Civil Law | Date: | Hits: 87
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
....erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ......ty but he did not file any written statement denying the allegations made against him. I find substance in this contention and hold that non-examination of the Presiding Officer who is a party in the proceeding cannot be fatal mistake in deciding the irregularity, if any, committed in counting of ..Category: Election Law | Date: | Hits: 163
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ......s observed in 28 DLR (AD) 51 the whole process of choosing a representative starting with the filing of the nomination paper and ending with the declaration of the result. In this sense therefore the proceeding in which the Election Commission has passed the order impugned in the suit cannot but be ..Category: Election Law | Date: | Hits: 207
....tioner may avail of any other alternative remedy as advised.
The Rule is, therefore, discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 193.
......d as item No.31 under the heading "Motijheel" Mr. Sharif submits that the proviso (b) of Section 5 of the Ordinance provides that no such list shall include any building in respect of which a legal proceeding is pending before any Court immediately before the dale of publication of the list in the..
Category: Property Law | Date: | Hits: 171
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ...... of peace the said caretaker took shelter of law by filing a petition before the S.D.O. (South) Dhaka under sections 107 and 117 of the Code of Criminal Procedure, being case No.757 of 1978. The said proceeding under section 107 has been drawn up against the opposite parties in the said case on 23.1..Category: Criminal Law | Date: | Hits: 77
Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)
....sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ......t the decree on 7.3.72 from his Karmachari Haripada Das. The case was contested by the plaintiff by filing a written objection denying the allegation of non-service of the process. In course of the proceeding Hara Mohan Das died and his legal heirs were brought on record. 3. Including the parti..Category: Procedural Law | Date: | Hits: 65
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
.... in some cases that the prisoners who were convicted under the Arms Act, 1978, simultaneously moved petitions under section 561A of the Code of Criminal Procedure, with the copies of the judgment for quashing the conviction and petitions of appeal under section 420 of the Code without accompanying c......ng the appeal, the Court must have a copy of the judgment which it may get by sending for the record. There is, however, difficulty in this regard to entertain appeals from the judgments or orders in proceedings under special law, over which we shall discuss later on. If this mandatory provision is ..Category: Criminal Law | Date: | Hits: 73
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....osecution case. According to him, there was thus lack of legal evidence against the petitioner for his conviction. The learned Advocate has submitted that the Rule should, therefore, be made absolute quashing the entire proceedings including the judgment and order of conviction and sentence passed b......On an application by the convict petitioner, namely Md. Ayub Ali a Rule was issued calling upon the Deputy Commissioner Chittagong and the complainant opposite party No. 1 to show cause as to why the proceedings of CR Case No. 1017 of 1989 (B‑497/90) and the order dated 23‑9‑92 passed by the M..Category: Criminal Law | Date: | Hits: 87
Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)
....e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281....... accused for time on 07-01‑2004 to move application under section 526 of the Code before the High Court Division and the copy of the order dated 07‑01‑2004 by the Court rejecting the prayer and proceeding with the case, examining witnesses and fixing next date for argument, having filed the sa..Category: Criminal Law | Date: | Hits: 71
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