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Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)

....h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......d the plaintiffs have been possessing the said tank on payment of rents. That upon an application made by the predecessor of the defendant No.32 under Section 144 of the Code of Criminal Procedure, a proceeding under Section 145 of the said Code being Miscellaneous Case No.8 of 1949 was started in r..

Category: Property Law | Date: | Hits: 77

Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)

....Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......or of the petitioner expressed his inability to act as an arbitrator and the petitioner then appointed Advocate Mr. HK Abdul Hye as an arbitrator. But since both the parties took time the arbitration proceeding could not be concluded within the extended time also. However, the arbitration proceeding..

Category: Alternative Dispute Resolution | Date: | Hits: 182

Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)

.... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ......al No. 655 of 2010 are as follows:- Respondent No.1 G.M Mostafa filed Contempt Petition No.156 of 2009 (arising out of Writ Petition No.2272 of 2005) before the High Court Division for drawing up proceeding for Contempt of Court for willful disregard of lawful direction passed by the Court in th..

Category: Others | Date: | Hits: 118

Md. Ashraful Islam Vs. State, 2009, 38 CLC (AD)

....stance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 354. ...... pay fine of TK.20, 000.00 in default to suf­fer rigorous imprisonment for 6(six) months more. Accused Atiar Rahman has been tried in absentia as he has been absconding since the commencement of the proceeding. 4. Leave was granted to consider the sub­missions the learned Counsel for the appel..

Category: Criminal Law | Date: | Hits: 80

Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)

....t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ...... quota system. There are con­flicting claims as regards the selection of candidates from different categories of quota. The writ petitioner’s claim is not capable of being established in a summary proceeding under writ jurisdiction because it requires detailed examination of evi­dence. In case o..

Category: Constitutional Law | Date: | Hits: 247

AKM Mizanur Rahman and others Vs. The Chairman and Adminis­trator, Chittagong Municipal Corporation and others, 1991, 20 CLC (HCD)

....oceed with the construction on the aforesaid drain‑passage further. The rule is, accordingly, made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 331.......C) 225. In delivering the judgment of the report Hamoodur Rahman, CJ addressed himself in the following language: "It is clear from the above that the right considered sufficient for maintaining a proceeding of this nature is not necessarily a right in the strict juristic sense but it is enough i..

Category: Property Law | Date: | Hits: 58

Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)

....eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324.......tant Secretary, Section 1, Rural Development and Co‑operative Division, Ministry of Local Government, Rural Development and Co‑operatives Government of Bangladesh and others to show cause why the proceeding in respect of the dispute about the post of Chairman of the petitioner federation, herein..

Category: Others | Date: | Hits: 136

State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)

....be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......ouse the condemned prisoner was just missing, so also his mother and his younger brother. His mother had gone to the house of P.W.10 but where did Nurul Hoque go and become a fugitive all through the proceeding and still is on the run and in fact before this Court also he had to be represented by a ..

Category: Criminal Law | Date: | Hits: 76

Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)

....udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ...... considering conflicting decisions of different High Courts of the sub‑continent held that the suit was maintainable rejecting contention of the learned Advocate of the defendants that an execution proceeding and not a suit was the appropriate remedy for the plaintiff to enforce the compromise dec..

Category: Property Law | Date: | Hits: 88

Mahinuddin (Md) and others Vs. Controller of Examination, Dhaka University and others, 1991, 20 CLC (HCD)

.... lawful authority and the same are of no legal effect. In the result, both the Rules are made without however any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 292.......991, 40 petitioners joined together and obtained the Rule challenging the validity of the impugned order (Annexure F) dated 31.12.90 issued under the signature of the respondent No.1 and the impugned proceeding pursuant to which the said order was made. The respondents were asked to show cause why t..

Category: Others | Date: | Hits: 153

Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)

....der sections 54 and 55 of the Ordinance by order dated 19-6-1995. 5. Being aggrieved by this order, the petitioner has come to this Court under section 561A of the Code of Criminal Procedure for quashing the proceeding of Criminal Case No.1 of 1994 and obtained the Rule and stay order. 6. ...... 1995. Judgment Md. Azizul Haque J.- This Rule, on an application under section 561A of the Code of Criminal Procedure, was issued calling upon the opposite parties to show cause as to why the proceeding in Criminal Case No.1 of 1994 under section 54 and 55 of the Industrial Relations Ordina..

Category: Labour and Industrial Law | Date: | Hits: 147

Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......ka 6 crone illegally to each of the said accounts for election purposes and it was so required for enquiry into allegation of acquisition of wealth disproportionate to his known sources of income. No proceedings were initiated against the petitioner under the relevant provisions of the Anti-Corrupti..

Category: Anti-Corruption Laws | Date: | Hits: 200

Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)

.... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25.......d after hearing such of them as desire to be heard, or of its own motion without such notice, the High Court Division or the District Court may at any stage. (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to t..

Category: Property Law | Date: | Hits: 68

Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20....... Director of the Divisional Office does not have the power of delegation under the law. 22. The learned Advocate for the respondent No.3 submitted that the matter is in the very prime stage and no proceeding has yet started against the 25 petitioner and no illegality has been committed by the DD ..

Category: Anti-Corruption Laws | Date: | Hits: 154

Capital Co‑operative Housing Society Ltd. Vs. Director, Land Records and Survey, Government of Bangladesh and others, 1993, 22 CLC (HCD)

....n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 289. ......d order dated 18.1.89 (which is at annexure ‘O’ to the supplementary affidavit filed by the petitioner) exercising his power under rule 42 of the Tenancy Rules, 1955, cancelled the portion of the proceeding referred to in rule 31 relating to RS Khatian No.1600 in question and directed that the p..

Category: Property Law | Date: | Hits: 125

Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)

....after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ...... took out summons dated 17.3.91 stating that property of the Ashraf Jute Mills Ltd. situated at Kanchan, Upazila Rupganj, District Narayangonj had been sold by them during pendency of the liquidation proceeding. He further stated that from the copy of the summons taken out by Ex‑Managing Director ..

Category: Company Law | Date: | Hits: 193

State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)

....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......uestion, is about 150 cubits in length and 100 to 110 cubits in breadth stretching from, north to south. It is also admitted by P.W.1 that there was no sort of salish, seatings, or institution of any proceedings before any Court of law. It is also admitted that the accused party did not attack their..

Category: Criminal Law | Date: | Hits: 111

Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)

....ourt may seem fit and proper. At the time of issuance of the Rule all further proceeding of the said case was stayed pending hearing of the Rule. 2. Facts in short as stated in the application for quashing are as follows: That the accused petitioner is one of the permanent directors and is als......t the instance of the accused petitioner arises out of an application under section 561A of the Code of Criminal Procedure calling upon the Deputy Commissioner, Munshiganj to show cause as to why the proceeding in GR Case No.180/83 of the Court of the Magistrate, 1st Class, Munshiganj should not be ..

Category: Criminal Law | Date: | Hits: 88

Joirunnessa and others Vs. Abdul Matalib being dead his legal heirs; Alta Begum and others, 2009, 38 CLC (AD)

....rder of Trial Court is liable to be restored and accordingly restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 302.......judgment-debtors cre­ated series of obstructions .when they were unsuccessful and set up the present plain­tiff, Abdul Motaleb to bring the instant Title Suit No.241 of 1989 to defeat the execution proceeding and to defeat the decree. The High Court Division failed to comprehend the above aspect a..

Category: Property Law | Date: | Hits: 65

Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)

....aking cognizance of offences against the accused­ petitioners they filed Criminal Revision No 163 of 1983 under section 561A of the Code of Criminal Procedure before this Court and obtained Rule for quashing the criminal proceedings against them. The Rule was discharged by the High Court Divisio......fences against the accused­ petitioners they filed Criminal Revision No 163 of 1983 under section 561A of the Code of Criminal Procedure before this Court and obtained Rule for quashing the criminal proceedings against them. The Rule was discharged by the High Court Division by its order dated 1..

Category: Criminal Law | Date: | Hits: 83