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Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)

.... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ......ouza Dhanmondi and petitioner No.2 is the owner of about 10 decimals of land in the south eastern side of CS plot No.158 of Mouza Raza Bazar. Being unduly influenced by interested persons acquisition proceeding was started by issuing notice dated 28.11.91 under section 3 of the said Ordinance to acq..

Category: Property Law | Date: | Hits: 79

Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)

....s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......opinion that if an offence is committed against a child before attaining 16 years of age, the Court has the power to keep that child in custody till that child attains the age of 18 years or fill the proceeding in respect of the crime committed against that child is terminated in either conviction, ..

Category: Criminal Law | Date: | Hits: 80

Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)

....lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......or hire or reward either directly or through a contractor to do any skilled, unskilled, technical or electrical work whether the terms of employment be expressed or implied and for the purpose of any proceeding under this Ordinance in relation to an industrial dispute includes a person who has been ..

Category: Labour and Industrial Law | Date: | Hits: 204

Amanullah Zahangir Vs. State, 2009, 38 CLC (AD)

....ore the High Court Division. 9. In the meantime, the instant application under Section 561A of the Code of Criminal Procedure was filed before another Bench of the High Court Division, praying for quashing the said proceedings under Sections 406/420/109 of the Penal Code, on the ground of double ......ts on 28.11.2006 under Sections 406/420/109 of the Penal Code and the other under Section 138 of the Negotiable Instrument Act. On receipt of said 2 charge sheets, the learned Magistrate split up the proceedings into two, one under Section 138 of the Negotiable Instrument Act and the other under Sec..

Category: Criminal Law | Date: | Hits: 50

Bangladesh Anjuman‑e­-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)

....port of its opinion has not mentioned any fact or referred to the offending passages in the book in support of its opinion. In our view the alleged defect would not entitle the petitioner to an order quashing the impugned order. We shall consider from the book whether the Government was justified in...... forfeiting the book. For the reasons stated above this Rule fails and it is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ..

Category: Constitutional Law | Date: | Hits: 204

Hossainia Ashraful Ulum Madrassah Vs. Munsur Ahmed (Md.) and others, 1990, 19 CLC (HCD)

....t within a month before the suit is set forth for hearing. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 473. ......he suit resulting in injustice to the plaintiff. He further submits that as the petitioner filed an application within five minutes of passing the order of dismissal it shows that the plaintiffs were proceeding with the case with due diligence and as such the learned SCC Judge ought to have restored..

Category: Procedural Law | Date: | Hits: 104

Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)

....s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460.......against the said order in this Court and by judgment dated 18.1.81 the said appeal was allowed and the judgment and order of the executing Court was set aside and directed to dispose of the execution proceeding in accordance with law. It further appears that no appeal was preferred by the judgmentâ€..

Category: Civil Law | Date: | Hits: 103

Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)

....ioner as to this criminal proceeding and their plea in this petition under section 561A are totally contradictory. 37. That being the position, we do not find any substance in this application for quashing the proceedings under section 561A of the Code of Criminal Procedure and in that view of th...... Criminal Revision No. 723 of 1991. Judgment Anwarul Hoque Choudhury J. - This Rule arises out of an application under section 561A of the Code of Criminal Procedure and is directed against a proceeding in Special Tribunal Case No. 117 of 1991 arising out of Lalbagh PS Case No. 13 (2)91, GR ..

Category: Criminal Law | Date: | Hits: 98

Bangladesh Shangbadpatra Parishad Vs. The Government of the People's Republic of Bangladesh, 1991, 20 CLC (HCD)

.... Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused. Ed. This Case is also Reported in: 43 DLR (1991) 424. ......ewspaper employees to be appointed by the Government in constituting the Wage Board and the Wage Board was accordingly constituted and the members of all categories participated in the day‑to‑day proceeding of the Wage Board, but at the latest stage some of the members representing the employers..

Category: Constitutional Law | Date: | Hits: 246

Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)

....ted in 28 DLR (AD) 38 wherein three categories of cases have been mentioned where the inherent jurisdiction of the High Court can be exercised under section 561A of the Code of Criminal Procedure for quashing the criminal proceeding. Out of those three categories of cases the learned Advocate has po......an J. - At the instance of the accused‑petitioner Mohammed Jamir Sheikh this Rule was issued calling upon the Deputy. Commissioner, Rajbari as well as the opposite party No. 1 to show cause why the proceeding of CR Case No. 204 of 1989 under sections 295A/298/109 of the Penal Code pending in the C..

Category: Criminal Law | Date: | Hits: 70

Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)

....n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ......Tribunal. The Administrative Appellate Tribunal by order dated 23.4.87 allowed the appeal and set aside the judgment and order appealed against and the petitioner was discharged from the departmental proceeding and the charge‑sheet and the order of compulsory retirement from service as passed upon..

Category: Administrative Law | Date: | Hits: 182

Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)

....on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ......acquisitioned vide L.A. Case No. 15 of 1999-2000 for the purpose of setting up a 132/11 KV power sub-Station by the writ respondent No.2, DESA. It was also admitted that after initiation of the L. A. proceeding and service of notice under section 3 of the Acquisition and Requisition of Immovable Pro..

Category: Property Law | Date: | Hits: 80

Mahirun Nessa Vs. State, 1993, 22 CLC (HCD)

....red accordingly. The petition filed for bail be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184.......petitioner being a female and aged person was enlarged on bail and allowed to be represented by her lawyer in the Court. Her attendance in the Court having been dispensed with she lost touch with the proceeding of the case and as such could not appear in the Court to face trial as a result of which ..

Category: Procedural Law | Date: | Hits: 112

Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)

....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ...... was lying in the bank of tank of Paul Choudhury, He admits that his father of Azuddin is one of the settlement holder of the land of Paul Choudhury. He further admits in cross examination that while proceeding towards his house he did not see anybody except 3 accused persons. The evidence of this w..

Category: Criminal Law | Date: | Hits: 67

Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)

.... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ......used or postponed, the fact of such refusal or postponement and the reasons therefore shall be recorded in writing in a register to be maintained by the employer for the purpose. If the worker, after proceeding on leave, desires an extension thereof, he shall, if such leave is due to him, apply suff..

Category: Labour and Industrial Law | Date: | Hits: 120

Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)

.... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ......e Administrative Tribunal Act the Bank employees like the government employees have also been brought within the scope and under the jurisdiction of the Administrative Tribunal and as such no suit or proceeding can be instituted in the Civil Court after the date of amendment but his contention is th..

Category: Administrative Law | Date: | Hits: 189

Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)

....the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ......have no title in the suit property; Title Suit No‑ 771 of 1979 in the 1st Court of Subordinate Judge, Dhaka and Title suit No. 417 of 1982 in the 3rd Court of Subordinate Judge, Dhaka are collusive proceedings between the defendant Nos. 1, 2 and 4 and inspite of statements made in those suits the ..

Category: Civil Law | Date: | Hits: 92

Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)

....rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ......re dismissed for default. The defendants opposite parties brought the Misc. case only to harass the plaintiff. Every access of justice must not be misused as license to a litigant party resorting to proceedings after proceeding to have his affairs settled in the manner he wishes causing untold hara..

Category: Property Law | Date: | Hits: 82

Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)

....on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ...... due weight in accordance with the age and maturity of the child. 2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body..

Category: Family Law | Date: | Hits: 327

Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ......tion, the impugned notification of curtailment of the area could not made without giving notice and without hearing the persons affected and also the Chairman of the Paurashava, and hence, the entire proceeding has been vitiated for violation of the mandatory provisions of law. 7. Mr. Jamir Uddi..

Category: Election Law | Date: | Hits: 152