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Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
....ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ......96. He disobeyed the order of the Head Master. He misbehaved with Babu Anil Chakraborty on 23‑07‑1996. Earlier, he took away the wood, tin and fencing of the school for which previously there was proceeding against him and he begged mercy and the authority granted him pardon. Due to his miscondu..Category: Employment/Service Law | Date: | Hits: 96
....' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
......'s Order 16 of 1972 and vested in the Government; that the alleged Bainanama is got up and ante‑dated one and the judgment and decree in pursuance of the Bainanama is void ab initio and the present proceeding is not hit by provisos (a) and (b) of section 5(i) of the Abandoned Buildings (Supplement..
Category: Property Law | Date: | Hits: 81
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
.... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ......argued that even if the guarantor is deemed to be included within the meaning of the word 'debtor' the appellant having not been guarantor of the borrowers for repayment of money borrowed by them, no proceeding under the Act could have been initiated against him. He next submits that the appellant h..Category: Civil Law | Date: | Hits: 83
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ......d in CS plot No.241 under the CS khatian No.55. While the defendants tried to dispossess him from the suit land he filed an application under section 144 of the Code of Criminal Procedure and the proceedings was drawn under section 145 of the Code of Criminal Procedure and the defendant on getti..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......e learned Subordinate Judge, Nawabganj in Miscellaneous Appeal No. 11 of 1984 reversing those dated 15‑1-1984 passed by the learned Munsif, Nawabganj allowing Miscellaneous Case No. 84 of 1980 (a proceeding under section 96 of the State Acquisition and Tenancy Act) should not be set aside and/or..Category: Property Law | Date: | Hits: 79
....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......Intermediate and Secondary Education Ordinance, 1961 (East Pakistan XXXIII of 1961) clearly debars the jurisdiction of the civil Court in entertaining a suit challenging any act done, order passed or proceedings taken by the Controlling Authority or by the Board or by any committee created under the..
Category: Procedural Law | Date: | Hits: 72
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......t states: "Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or..Category: Criminal Law | Date: | Hits: 81
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ......vidence. The learned Court below fell in error in not deciding the present case on its own merit on consideration of the evidence on record, both oral and documentary. Order passed in a miscellaneous proceeding before the Rent Controller could not validly be made the basis of the judgment of the cas..Category: Property Law | Date: | Hits: 64
Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)
....and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ......ot preferred any appeal against the order of acquittal. Sub-section(5) of section 439 of the Code of Criminal Procedure provides that where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appea..Category: Criminal Law | Date: | Hits: 83
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......ic Republic of Pakistan which is similar to Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh which provided that the High Court can examine an act or order passed in a proceeding which is "without lawful authority" proceeded to find that an act of judicial or of quasi..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......lso the provision of sections 43 and 44 of the said Ordinance. Section 43 is an indemnity clause in the said Ordinance which reads as follows: "43. Indemnity.‑ No suit prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be d..Category: Property Law | Date: | Hits: 47
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ...... No. 54 of 1988, has submitted that the impugned notice Annexure E was issued under the signature of Mr. Shamsul Islam, Deputy Secretary (Establishment) BIWTA who is not a competent authority to draw proceedings against the petitioner. It has been further submitted that a conspiracy was hatched by t..Category: Employment/Service Law | Date: | Hits: 116
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ......sed charged under sections 302/3O7 of the Penal Code and their Lordships held “in this case it appears that no lawyer on behalf of the accused was present in Court. As such, the Court below, before proceeding with the case, ought to have appointed an Advocate to defend the accused. In that view of..Category: Criminal Law | Date: | Hits: 79
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
.... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ...... not examined in this case. Non-examination of the Magistrate who conducted the TI parade renders the memorandum drawn by him inadmissible under section 80 of the Evidence Act as it is not a judicial proceeding and that cannot be presumed genuine unless proved by the evidence. In the decision report..Category: Criminal Law | Date: | Hits: 80
State Vs. Dr. AZM Zahid Hossain and another, 2012, 41 CLC (AD)
....009 the accused respondent No.1 filed Criminal Miscellaneous Case No.23523 of 2009 before the High Court Division under section 561A of the Code of Criminal Procedure and obtained Rule and prayed for quashing the proceedings of Metro Special Case No.53 of 2009 pending in the Court of Special Judge, ......ed respondent No.1 filed Criminal Miscellaneous Case No.23523 of 2009 before the High Court Division under section 561A of the Code of Criminal Procedure and obtained Rule and prayed for quashing the proceedings of Metro Special Case No.53 of 2009 pending in the Court of Special Judge, Court No.2, D..Category: Criminal Law | Date: | Hits: 92
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
.... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ...... plaintiff was admitted by the contesting defendants and they also gave up their title to the suit land on the basis of the deed of gift allegedly executed by Narayan Chandra Das in a former criminal proceeding and thus, the claim of possession and there was evidence on record as to the possession..Category: Property Law | Date: | Hits: 62
Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
....tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ......order for delivery of possession of the mortgaged property to respondent No. 2 could be passed and remedy of the respondent to get possession of the mortgaged property, if at all, was by a separate proceeding, but the learned Judges of the High Court Division failed to consider this legal aspect o..Category: Civil Law | Date: | Hits: 108
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......deration the material aspect as to the date of cutting of the paddy in question and the date of service of writ of temporary injunction on them properly. Dr. Ahmed Hossain further submits that as the proceeding under Order 39, rule 2(3) of the CPC is quasi‑criminal in nature the Court is under leg..Category: Criminal Law | Date: | Hits: 90
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ......interest on bank rate at the rate of 18% till satisfaction of the claim. The respondent also filed written statement before the Arbitrator and took various objections. It pleaded that the Arbitration proceeding was barred under Article 65 of the Limitation Act. The agreement was not signed on Januar..Category: Alternative Dispute Resolution | Date: | Hits: 156
....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......Intermediate and Secondary Education Ordinance, 1961 (East Pakistan XXXIII of 1961) clearly debars the jurisdiction of the civil Court in entertaining a suit challenging any act done, order passed or proceedings taken by the Controlling Authority or by the Board or by any committee created under the..
Category: Employment/Service Law | Date: | Hits: 66
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