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Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....1. Taking this view into consideration we are of opinion that there would be manifest injustice and also would be glaring abuse of the process of the Court if such inherent power is not exercised, by quashing the proceeding against whom no case has been, at all, made out. 22. In the light of abov......t Attorney-General-For the Opposite Party. Criminal Miscellaneous Case No. 2123 of 1995. Judgment Farah Mahbub J.- By this Rule the opposite party was called upon to show cause as to why the proceeding in Special Case No. 29 of 1994 arising out of GR Case No. 25 of 1992 corresponding to Hiz..Category: Criminal Law | Date: | Hits: 85
Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)
....r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......rty No. 2. Criminal Miscellaneous Case No. 7588 of 2000. Judgment Md. Imman Ali J. - This Rule arises out of an Criminal Procedure calling upon the opposite party to show cause as to why the proceedings of GR Case No. 403/2000 (Sadar) corresponding to Bogra PS Case No. 15 dated 5‑5‑2000..Category: Criminal Law | Date: | Hits: 62
Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
....erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ...... prayed for dissolution of the said enquiry committee. The petitioner also by his letter dated 30‑9‑2000 (Annexure J) informed the respondent No. 4, about his appeal and requested him to stay the proceeding of the said enquiry committee till the disposal of his appeal before the Chancellor but t..Category: Employment/Service Law | Date: | Hits: 60
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......leh Mohammad Nasim (Reid) Vs. Bangladesh 1998 BLD (AD) 251 = 51 DLR (AD) 101, Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others 4 BLC (AD) 257. Secondly, since a judicial proceeding is pending against the petitioner, under section 10 of the Public Servants Retirement Act..Category: Employment/Service Law | Date: | Hits: 148
State Vs. Abdul Hatem, 2003, 32 CLC (HCD)
....Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......ondemned prisoner. V. Abscondence: Record indicates that the condemned prisoner immediately after the incident absconded and remained a fugitive from law and justice during the whole period of the proceeding of the case. He was tried in absentia and till now he is in abscondence and this long abs..Category: Criminal Law | Date: | Hits: 75
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
....in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ......uit No.237 of 1982 till final disposal of the application filed before the Waqf Administrator which now is the subject matter of the instant first miscellaneous appeal and an order of stay of further proceeding of Title Suit No.237 of 1982 was obtained in the said Rule pending disposal thereof. ..Category: Trust/Waqf Law | Date: | Hits: 165
Syed Khalilulla Salik alias Juned Vs. Haji Md. Rahmat Ullah, 1995, 24 CLC (HCD)
....ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ......(Dhaka) Judgment Md. Badruzzaman J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite parties to show cause as to why the proceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd Class, Sadar, and Sylhe..Category: Constitutional Law | Date: | Hits: 169
Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239.......at h respondent Nos. 7 and 8 being Magistrates have no legal authority to do the executive nature of work the seizure and impounding of the petitioner's goods except in the canteen through a judicial proceeding in an appropriate manner and through judicial process. The petitioner further prays for a..Category: Civil Law | Date: | Hits: 56
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232.......Section 14 of the Limitation Act provides that in computing the period of limitation prescribed for any suit, the time during which the plaintiff has been prosecuting with due diligence another civil proceeding whether in a court of fist instance or in a court of appeal, against the same party for t..Category: Procedural Law | Date: | Hits: 111
Md. Obaedur Rahman Vs. Md. Amirul Islam and others, 2011, 40 CLC (AD)
....ntal proceeding shall stand and will be operative. With the above observation this civil petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 642. ......st of Member Service Co-ordinator in Tangail Palli Biddyut Samity-2. On 25.03.2007 this writ petitioner-respondent No.1 was suspended from service on various allegations and ultimately a departmental proceeding was started against him and an enquiry committee was formed to investigate the allegation..Category: Employment/Service Law | Date: | Hits: 53
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
....d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ......shed and accordingly he was dismissed from service after complying with all the requirement under law. 3. The Labour Court after examining the witnesses and on perusal of the record of the enquiry proceeding by its judgment dated 2.5.86 allowed the case and set aside the dismissal of the responde..Category: Labour and Industrial Law | Date: | Hits: 172
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
.... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205....... with the petitioner ASM Abdur Rob and they having been discharged for want of evidence the said order would be presumed to be an order of acquittal of the present petitioner also as such the present proceeding against the accused petitioner suffers from a legal bar. He lastly submitted that in the ..Category: Criminal Law | Date: | Hits: 85
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197.......petitioner has been possessing the said properties as its lawful owner till before eviction, Petitioner after purchase. mutated her name in The revenue record of the Government by initiating mutation proceeding and paid rent to the Govt. and also paid tax to the Municipality. Photostat copy of the m..Category: Property Law | Date: | Hits: 64
Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)
....le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195.......rs of the Republic or of a local authority to refrain from doing that which he is not permitted by law to do or to do that which he is required by law to do; or (ii) declaring that any act done or proceeding taken by a person performing functions' in connection with the affairs of the Republic or..Category: Administrative Law | Date: | Hits: 164
Bangladesh Public Service Commission and another Vs. Maloti Rani Mondol, 2011, 40 CLC (AD)
....e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104.......ses was examined, even the complainant Dipaon Shaha also did not appear before the enquiry officer in the departmental proceeding to give evidence to substantiate his complaint. In the departmental proceeding the enquiry officer did not record statement of any witness, he relied on the preliminary..Category: Administrative Law | Date: | Hits: 210
Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)
....legal effect and the petitioner be re‑instated at once. In the result, the rule is made absolute, without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 165. ......ed his service with certain stigma in his character and as such he has not been properly dealt with as per provision of the Employment of Labour (Standing Orders) Act which requires that disciplinary proceeding ought to have been initiated against the petitioner for commission of the alleged miscond..Category: Labour and Industrial Law | Date: | Hits: 148
Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)
....e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330....... the amount deducted on account of VAT. The Chief Engineer, R&H, appointed Mr. JB Barua, Superintending Engineer, R&H (Planning) Dhaka, as the arbitrator. The Arbitrator commenced arbitration proceedings, recorded evidence of the parties and found that the contractor was not liable for falli..Category: Alternative Dispute Resolution | Date: | Hits: 147
....t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300.......e of P.W.1 that for the first time on 12-5-1969 he learnt that the suit property was being treated as vested property by the defendants and that he never filed any objection in any abandoned property proceeding or vested property proceeding in connection with the suit property and there being even n..
Category: Property Law | Date: | Hits: 102
Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)
.... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299.......se has not been completed and no charge sheet has been submitted. Mr. Sheikh Atiar Rahman firstly, submits that the case does not disclose a criminal liability. Secondly, for the dishonoured cheque a proceeding under section 48 of the Negotiable Instrument Act, 1881 is to be started and, as such, th..Category: Criminal Law | Date: | Hits: 83
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......s and circumstances and the submissions of the learned Advocate, it appears that plaintiffs purchase of the suit land started from 1983 and immediately thereafter the plaintiffs started a 145 Cr.P.C. proceeding in 1983 being Non GR Case No.11 of 1983 under section 145 or the Code of Criminal Procedu..Category: Property Law | Date: | Hits: 68
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