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Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

.... 31.1.85 affirmed the order dated 11.12.84 passed by the learned Subordinate Judge and dismissed the said appeal. Thereafter a revisional application was filed before the High Court Division, Barisal Bench, against the order of the learned District Judge on 31.1.85 in which Rule was issued and it wa......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ..

Category: Property Law | Date: | Hits: 63

Bashi alias Bashir and another Vs. The State, 1990, 19 CLC (HCD)

....Supreme Court of India as is now argued by Mr. Elahi before me. The principle laid down in that case has no application to the instant case. The point mooted before me exactly came up before a Single Bench of this Court in the case of Mustafa alias Mustafizur Rahman Vs. The State reported in 1985 BL......lahi Baksh, I am constrained to hold that contention of Mr. Elahi is of no substance. Accordingly, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 209...

Category: Procedural Law | Date: | Hits: 76

Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)

.... decision before the High Court Division as to whether the suit would be maintainable in view of the existence of the Administrative Tribunal having exclusive jurisdiction over the matter. A Division Bench of this Court held that the plaintiff’s cause of action having arisen on 17.9.81, that is, 4......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193...

Category: Employment/Service Law | Date: | Hits: 64

Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)

.... petitioner submitted any plan depositing ten times of the prescribed fee nor prayed for any time to do so nor prayed for any permission for enabling him to apply for such sanction. 11. A Division Bench of this Court presided over by Mr. Justice AM Khan Chowdhury in their judgment dated 22.8.88 p...... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187...

Category: Property Law | Date: | Hits: 77

Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)

....tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127.......tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127...

Category: Property Law | Date: | Hits: 72

State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)

....ds arrest and that such arrest will be a cause of dis­grace and dishonour to him, and he accordingly prays to "be released on bail pending the trial of the case." 14. The question before the Full Bench of the Lahore High Court was: "Whether the High Court can grant any relief, and if so that,......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ..

Category: Criminal Law | Date: | Hits: 89

Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)

.... of 2009. Judgment Md. Muzammel Hossain J. - This petition for leave to appeal at the instance of the petitioner is directed against the judgment and order dated 29.07.2009 passed by a Division Bench of the High Court Division in Writ Petition No.6469 of 2008 making the Rule absolute. 2. Th......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ..

Category: Employment/Service Law | Date: | Hits: 175

Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)

....d in rule 19(5) of the Rules of 1973. Instead of rule 15 (5) the petitioner mentioned a wrong rule i.e. rule 64 of the Rules, which relates to a different matter. In the said circumstances a Division Bench of the High Court Division took the view that it would not be possible for the Tribunal to tra......e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166...

Category: Election Law | Date: | Hits: 130

Anwar Hossain Majhi Vs. Government of Bangla­desh & others, 1989, 18 CLC (HCD)

....Co‑operative and others, wherein a Chairman of the Union Parishad was suspended, in view of the provision of section 77 (1) of the Local Government Ordinance XC of 1976. Their Lordships of the Full Bench of the Appellate Division in that case held that the criminal proceedings against the Chairman......allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155...

Category: Election Law | Date: | Hits: 121

Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)

.... J. - This civil petition for leave to appeal under Article 103 of the Constitution of Peoples' Republic of Bangladesh is directed against the judgment and order dated 11.10.2009 passed by a Division Bench of the High Court Division in Civil Miscellaneous Case No.1 of 2009 making the Rule absolute a......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..

Category: Civil Law | Date: | Hits: 113

Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)

....ck the case on remand for fresh trial from the stage of examination of accused under section 342 of the Code of Criminal Procedure made in the judgment and order dated 11-11-2007 passed by a Division Bench of the High Court Division in Death Reference No.93 of 2004 along with Criminal Appeal No.2331......ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ..

Category: Criminal Law | Date: | Hits: 84

Abdul Hannan Khan (Md.) Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1990, 19 CLC (HCD)

....office in the Bangladesh Secretariat at the time of examination of the witnesses. At this stage on 13.9.89 the petitioner moved the present Writ Petition before a learned Single Judge of the Vacation Bench and obtained order staying further proceedings till the matter was placed before the regular D......he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 131. ..

Category: Employment/Service Law | Date: | Hits: 79

Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)

....e executing Court is not competent to treat the decree as nullity, nor is it open to the defendant to impeach it, he having raised no objection to the trial." 12. The next cited case is the single Bench decision of this Court reported in 22 DLR 444. It is held: "The trial of a case by a Court ......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115...

Category: Property Law | Date: | Hits: 66

Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)

....8). Judgment Surendra Kumer Sinha J. - This appeal by leave at the instance of auction purchaser, a third party, in direct­ed against the judgment and order dated 22nd July. 2008 of a Division Bench of the High Court Division in Writ Petition No. 5085 of 2008 arising out of Artha Jari Case No......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..

Category: Civil Law | Date: | Hits: 113

Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)

....ce was admissible but the degree of weight to be attached with, depended on the circumstances of the case. 8. In the case of Narsing Das Vs. Gokul Prasad, AIR 1928 A14 140‑50 All. 113 a Division Bench of the Allahabad High Court, however, excluded the evidence of a woman who was examine-in‑ch......the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ..

Category: Procedural Law | Date: | Hits: 91

Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)

....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..

Category: Criminal Law | Date: | Hits: 86

Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)

....lants will get benefit of presumption under section 114(g) of the Evidence Act. On this point, he refers to the case of Kawsarun Nessa and another Vs. State reported in 48 DLR 196, wherein a Division Bench of this Court allowed a criminal appeal, amongst others, on the reason: “27. ... Non-exam......Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 58

Babul and others Vs. State, 2011, 40 CLC (HCD)

.... sides, we have examined the evidence on records and gone through the decisions cited as well as the impugned judgment and order of conviction and sentence. 9. In the case of 33 DLR 320 a Division Bench of this Court set aside a judgment and order of conviction and sentence passed under sections ......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 111

Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)

....strator in carrying out the enquiry is transformed into that of a civil Court. 12. In the case of Nuruzzaman Vs. The Secretary Education Department, (1965) 17 DLR 46 it has been held by a Division Bench of Dhaka High Court that a proceeding under section 32 of the Waqf Ordinance is of a civil nat......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70...

Category: Trust/Waqf Law | Date: | Hits: 157

Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)

....sonally present before the tribunal but the hearing of the case was adjourned due to the absence of the opposite party without any step. A petition praying for time appears to have been left with the Bench Assistant but there was none to move it. The Tribunal noted this fact on the order sheet dated......erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35...

Category: Employment/Service Law | Date: | Hits: 94