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Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)
....resuming that the officer making the report was not duly authorised by the order of a magistrate, his report could still be held to fall within the purview of section 190(1)(b) of the Code or, in the alternative, can be accepted as a complaint within sub-section (1) (a) of the section.” 10. Sim......sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ..Category: Criminal Law | Date: | Hits: 75
AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)
.... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274.......st the petitioner under sections 4(2) and 5(1) of the Act by the order dated 31-1-1990. 4. On 6-5-1990 petitioner filed an application under section 241A of the Code of Criminal Procedure with the prayer of discharging him from the proceeding contending, inter alia, that provision of law as in th..Category: Criminal Law | Date: | Hits: 62
Abdul Karim Vs. Gousddin and others, 1998, 27 CLC (HCD)
....gistrar of this Court within 1(one) month from the date of receipt of the copy of this order. Communicate the order to the Court below. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 259....... Case No.156 of 1967 should not be quashed. 2. Learned Advocate for the petitioner submitted that learned Magistrate on consideration of the facts and circumstances of the case having rejected the prayer of the first party for delivery of possession of the disputed land learned Additional Session..Category: Criminal Law | Date: | Hits: 65
State Vs. MA Wahab, Advocate, 1998, 17 CLC (HCD)
....iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257.......arding visiting the residence of the Judges in the week and with mala fide motive and asking the Assistant Bench Officer to remove the order-sheet containing order dated 12-2-89 rejecting the earlier prayer for bail in Criminal Appeal No.13 of 1989. But he admitted the allegation of serving notices ..Category: Criminal Law | Date: | Hits: 92
....gned order cannot be called in question by any court and as such, the writ petition is not maintainable; that the petitioner’s case was not considered by the forum and, as such, he was left with no alternative than to move the Administrative Tribunal.
10. Mr. Elahi with reference to the impugne......without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248...
Category: Employment/Service Law | Date: | Hits: 73
Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)
.... against the alleged contemner and make an enquiry into the matter and if such court finds prima facie that contempt of court had been committed by the alleged contemner then such court shall have no alternative but to send the matter to this court for taking action under the said Act. Otherwise suc......tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242...Category: Criminal Law | Date: | Hits: 73
State Vs. Sree Ranjit Kumar Pramanik, 1990, 19 CLC (HCD)
....ces. This, to us, seems to be a weak and unconvincing submission based on mere conjecture and not on fact and deserves no consideration. Unfortunately, the prosecution has failed to give a reasonable alternative suggestion as to what might have led the condemned accused to commit the deliberate act ......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660...Category: Property Law | Date: | Hits: 69
Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)
....ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656....... defendants No.2 to 4 from, taking over and entering into the suit land during the pendency of the said Title Suit No.19 of 1984 for permanent injunction. 4. The defendants No.2 to 4 contested the prayer of the plaintiffs for temporary injunction by filing written objection contending, inter alia..Category: Property Law | Date: | Hits: 61
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....only which was given to him as is evident from Ext. 'gha'. Since the plaintiff did not vacate the suit property even after the expiry of the period mentioned in Ext. 'gha' the government had no other alternative but to evict him. 28. For the discussions made above, I am constrained to hold that t......y defendant No. 1 and defendant No. 5 by filing two separate sets of written statement. After the filing of the written statements the plaint was amended on 21‑3‑1992 vide Order No.51 by adding a prayer to the prayer (b) to the effect; "get allotment of the suit property is holding No. 76, Mo..Category: Property Law | Date: | Hits: 122
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......appeared before the Court on behalf of the State on 18.11.92. The case was heard in part and the learned Deputy Attorney‑General prayed for some time to file an affidavit in this matter and on such prayer the case was adjourned. On 01.12.92 the case was taken up for hearing and the learned Deputy ..Category: Criminal Law | Date: | Hits: 97
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
....red by the writ-petitioner. Mr. Islam has lastly submitted that in the facts and circumstances of the case and in view of the own finding of the High Court Division that the writ-petitioner had other alternative statutory remedy the writ-petitions were not maintainable in law and as such, the impu......nd respondent No.1 shall file the concise statement within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)
....g the same to the trial Court to allocate the Saham. The impugned order is made under section 151 CPC. The said provision of law has no application in a case where an order passed against a party has alternative remedy. The order of remand can be challenged before the superior Court under provision ......s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ..Category: Property Law | Date: | Hits: 79
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....rity dated 16.9.1984. The said petition was heard and disposed of by the appellate authority by rejecting the same and maintained the order passed by him in the appeal. The respondent No.2 finding no alternative filed a Second Review petition before the Director of Land Records against the order of ......tedar having defaulted in payment of revenue, the Jote was put to auction and ultimately the entire lands vested in the Government. One Abdus Salam prayed for re‑settlement of the case land and his prayer was allowed and accordingly he became tenant directly under the Government. Abdus Salam also ..Category: Property Law | Date: | Hits: 73
....ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619.......g for further 2 years i.e. for 1989‑1990 and another year 1991 has in the meantime already elapsed, his case may be considered favourably on compassionate ground. This Court cannot entertain such a prayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore disc..
Category: Civil Law | Date: | Hits: 159
Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)
....allenging the judgment and order dated 18.01.2009 passed by the High Court Division in disposing of the Rule in Civil Revision No.2036 of 2005 directing the Secretary, Ministry of Works, to arrange alternative land in the same quantum for the opposite parties and till such arrangement is made to a......le". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ..Category: Property Law | Date: | Hits: 70
Anti Corruption Commission Vs. M.A.H. Salim and others, 2011, 40 CLC (AD)
....rror in making the rule absolute which virtually affecting the Miscellaneous Case No. 11764 of 2008. II. Whether the High Court Division has failed to take in to account that the petitioner has alternative remedy and as such in view of the alternative remedy the writ petition is not maintainab......tion for freezing the accounts of the writ petitioner maintained with different Commercial Banks before the Chief Metropolitan Magistrate, Dhaka. The learned Chief Metropolitan Magistrate allowed the prayer. The writ petitioner challenged the said order by a writ petition before the High Court Divis..Category: Criminal Law | Date: | Hits: 136
Superintendent Musrat Dhulia Dakhil Madrasha Vs. Md. Rafiqul Islam and another, 2011, 40 CLC (AD)
....ent and order passed by the High Court Division dated 23.11.2008 in Civil Revision No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ......of the Madrasha Board in respect of four Madrasha teachers have no bearing in the case of plaintiff’s dismissal as appears from the Ext.'Cha-1'. The appellate Court also observed that without the prayer for consequential relief the suit was defective in view of Section 42 of the Specific Relief ..Category: Employment/Service Law | Date: | Hits: 55
Government of Bangladesh and others Vs. Bikash Ranjan Talukder and others, 2011, 40 CLC (AD)
....it petitions filed by the respondents are maintainable as there is a provision of appeal as envisages in Rule 16 of the said Nitimala of 1995, which was not exhausted by the respondents as being an alternative remedy provided by the said Nitimala. III. Whether the petitioners being authorized b......3661 of 2009 be stayed till disposal of the appeal. The appellants are directed to submit the concise statements by 24th April, 20.11. Ed. This Case is also Reported in: VIII ADC (2011) 471. ..Category: Employment/Service Law | Date: | Hits: 47
Abdur Razzaque Vs. Bangladesh Agricultural Development Corporation and others, 1991, 20 CLC (HCD)
....in could not show that this corporation has been declared to be a Commercial establishment or any Industrial Establishment by any Gazette Notification. Therefore the question of the petitioner having alternative remedy available before the Labour Court does not arise. It has been held in the case of...... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ..Category: Employment/Service Law | Date: | Hits: 67
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ......s were eventually framed on 4.9.90. After framing the charge on 4.9.90 the Sessions Case was set down for trial on 7.10.90 and accordingly summonses were issued upon the prosecution witnesses. Upon a prayer from the State that day the next trial date was fixed on 6.11.90. Upon subsequent prayers fro..Category: Criminal Law | Date: | Hits: 58
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