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Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....t has been found: "The Dhaka High Court and after 1972 the High Court Division of this court consistently held that where the petitioner has challenged his detention as illegal and detention is defective and continued by successive orders and the detaining authority fails to show that any of t......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...Category: Criminal Law | Date: | Hits: 156
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
....assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ......, Advocates ‑For the Petitioner. No one ‑ For the Opposite Parties. Civil Revision No.271 of 1985. Judgment Abdul Hasib J.- This Rule was issued calling upon the opposite party No.1 to show cause why the Order No.37 dated 19.3.85 passed by Munsif, First Court, Dhaka in T..Category: Civil Law | Date: | Hits: 166
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....operty to which document relates is situated within the jurisdiction of Sub-Registrar, the sub‑Registrar has no jurisdiction to register the document and registration if executed will be fraud. The defect of jurisdiction is not a mere procedure and it is not cured by section 87. The learned 1st ap......ce by including therein a fictitious piece of land of Baliakandi police station though the kabala land lies within the jurisdiction of Pangsha Sub‑Registrar Office and that the appellants being not party to the said deed are competent to challenge it as invalid inasmuch as it was a fraud on regist..Category: Property Law | Date: | Hits: 122
Abul Kalam Chowdhury Vs. Mohammad Zulfiqar, 1991, 20 CLC (HCD)
....pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ......Tribunal at Hathazari, Chittagong, in Election Tribunal Case No.1 of 1988 and declaring the petitioner as elected Chairman of No.3, Mirzapur Union Parishad, Hathazari, Chittagong in place of opposite party No.1 Mohammad Zulfiqar. 2. The petitioner’s case is that election for the post of Chai..Category: Election Law | Date: | Hits: 240
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589....... disposed of by this judgment. 2. The facts which are material for their decision lie in a narrow compass. In the year 1981 there was a country‑wide strike of the bank‑employees. Opposite party Nos.1 to 4 in Civil Revision No.986/1988 and Opposite party No.1 in Civil Revision No.987/1988..Category: Labour and Industrial Law | Date: | Hits: 176
State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)
....sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......material statement favourable to the defence by such cross‑examination. The only suggestion put forward by the defence is that there was a dacoity in the house of the informant and as the informant party could not pay handsome money to the dacoits, they beat the inmates seriously. They also had be..Category: Criminal Law | Date: | Hits: 125
Liton Vs. State and others, 1995, 24 CLC (HCD)
.... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ...... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ..Category: Procedural Law | Date: | Hits: 140
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
....been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ......y‑General, Syed Abu Kowser, Assistant Attorney‑General ‑ For the State. Criminal Revision No.1003 of 1995. Judgment Md. Mozammel Hoque J.- This Rule was issued directing the opposite‑party to show cause as to why the impugned order dated 16.8.95 passed by the Sessions Judge, Dhaka, ..Category: Criminal Law | Date: | Hits: 121
....aintainability of this writ petition.
For the above discussion, this application is rejected summarily without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 94.......r section 96 of the Act by respondent No.5, a co‑sharer of the holding transferred. The law inserted in the said Act by section 95A is a beneficial one. In order to obtain a benefit under a law the party who seeks to obtain the benefit must strictly satisfy the authority that he has complied with ..
Category: Property Law | Date: | Hits: 95
KM Mahmudur Rahman and others Vs. State, 1995, 24 CLC (HCD)
....that they were absent on that date then the order dated 21.11.88 also means that they were also absent when the proceedings of the case was stopped and, as such, that order also suffers from the same defect. Moreover, we have already noticed that Marine Court is constituted only with a Magistrate, 1......ings of the Marine Court. In the result, the Rule is discharged and order of stay stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 92. ..Category: Criminal Law | Date: | Hits: 88
Abdur Gafur Vs. State, 1995, 24 CLC (HCD)
....he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.......he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90...Category: Criminal Law | Date: | Hits: 112
Anwar Hossain & others Vs. State & others, 1995, 24 CLC (HCD)
....ention also. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 89. ......, Cox's Bazar, is for quashing that proceedings. 2. Facts relevant are, that a case under section 144 of the Code of Criminal Procedure was started on the basis of an application filed by opposite party No.1 and a restraint order was issued by the learned Magistrate. The opposite party No.1, ther..Category: Procedural Law | Date: | Hits: 109
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....right to appear on the date of hearing and participate at the trial. If he is allowed to participate or at least not prevented from participating, then the proceeding will not be ex-parte at all. The defect that was there in ordering the suit for an ex-parte hearing will be cured. It will be treated...... a civil Court and shall have the same powers as are vested in such Court under the Code of Civil Procedure, 1908 including the powers of delivering ex-parte decision in the event of failure of any party to appear before the Court. 9. The inference is inescapable that a Labour Court has the jur..Category: Procedural Law | Date: | Hits: 180
....gards demolition of the structures raised by the defendants.
The Rule is accordingly disposed of. There shall be no order as to costs.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 8.......gards demolition of the structures raised by the defendants.
The Rule is accordingly disposed of. There shall be no order as to costs.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 8...
Category: Property Law | Date: | Hits: 119
Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)
....howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6....... the learned Munsif, Bauphal Upazila allowing an application for substitution after setting aside abatement in a pending suit. Defendant No.2 is the petitioner while the plaintiffs are the opposite party Nos.1-4. 2. Sometime in 1969 the plaintiffs brought the suit in the First Court of Munsif..Category: Civil Law | Date: | Hits: 121
....eptance of any filing.
In the result, the Rule is made absolute but without any order as to costs.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 1.......al meeting.
(2) If default is made in holding a meeting in accordance with the provisions of this section, the company and every director or manager of the company who is knowingly and willfully a party to the default shall be liable to a fine not exceeding five hundred taka.
(3) If default ..
Category: Company Law | Date: | Hits: 306
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......ed. it further states that the petitioner’s collective bargaining agent entered into an agreement With the Biman Management on August 20, 1987 and the SRO prevailing at that time was binding on the party. The respondent, however, stated that, the Board of Directors of the Corporation in a meeting ..Category: Employment/Service Law | Date: | Hits: 361
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....submitted that a party could not be granted permission to withdraw the appeal as well as the suit unless it is clearly established that the suit as well as the appeal is bound to fail for mere formal defect which could not be rectified by the plaintiff under normal and ordinary circumstances and int......ted that in the facts and circumstances of the case it admits of further consideration. 21. Mr. Azizur Rahman Chowdhury the learned Advocate appearing for the opposite parties has submitted that a party could not be granted permission to withdraw the appeal as well as the suit unless it is clearl..Category: Trust/Waqf Law | Date: | Hits: 181
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......d by the Ministers to the President cannot be inquired into. It is also clear beyond doubt that the amended Article 74 (1) of the Constitution, whose validity has not been challenged before us by any party makes it obligatory on the President to act in accordance with the advice tendered by the Unio..Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......edure for quashing the proceeding of Cr Case No.270 of 1991 pending in the Court of the Upazila Magistrate, Paikgacha, District‑Khulna. 2. The‑short facts of the case are, that the opposite party No.1 being complainant instituted the aforesaid complaint case in the court of the Upazila Mag..Category: Criminal Law | Date: | Hits: 142
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