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Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......ledge as to whether a criminal case under section 107 of the Code of Criminal Procedure was started on the basis of GD, Entry against Mr. Amir Hossain and Ali Hossain and they were bound down in that proceeding. 18. DW 2 Ranjit Kumar Roy, DW 3 Ramendra Ranjan Chowdhury, DW 4 MA Nabi and DW 5 Abdu..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ......r the said date, shall vest absolutely in the Government free from all encumbrances and shall be at its disposal. (4).............................. (5) All suits, applications, appeals or other proceedings in respect of any claim to the re‑possession of any land lost by diluvion which has re..Category: Property Law | Date: | Hits: 77
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297.......ed the written statement on 14.11.87 and then filed TS(F) No. 10 of 1087 for restitution of conjugal right on 24.11.87 which showed that the petitioner from the very inception was trying to delay the proceeding under one plea or the other just to harass the opposite party. The opposite party has sub..Category: Family Law | Date: | Hits: 230
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ...... Mr. Munsif Ali, Divisional Special Judge, Dhaka in Special Case No. 23 of 1987 shall not be modified stating the accused petitioners should be deemed to have been released on 8.12.88 on stopping the proceedings and why the sentence reading “সরকার ইচ্ছা করিলে মা..Category: Criminal Law | Date: | Hits: 63
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ...... admitting Exts. 4, 5 and 6 series into evidence should not be set aside or such other or further order or orders as to this Court may seem fit and proper and pending hearing of the Rule, all further proceedings of Special Tribunal Case No. 1 of 1986 now pending in the Court of Sessions Judge and Sp..Category: Criminal Law | Date: | Hits: 74
....lt this appeal is allowed and the suit is dismissed. In view of 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) 286.
......8 of the Contract Act which runs as follows:
"Every agreement, by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his..
Category: Alternative Dispute Resolution | Date: | Hits: 170
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......re appears in section 173. This discharge must not be confused with 'discharge' under section 253 in the case of a warrant procedure under Chapter XXI, or under section 209 in the case of a committal proceeding under Chapter XVIII. "Discharge" there takes place after cognizance is taken and process ..Category: Criminal Law | Date: | Hits: 66
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ......The defence suggested that the informant Abdul Latif tried to take forcible possession of the disputed plot on the plea of purchase and that upon dispute between the parties over the land there was a proceeding under section 145 of the Code of Criminal Procedure restraining both parties from enterin..Category: Criminal Law | Date: | Hits: 61
State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)
....are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ......er J. - This Rule was issued on the basis of Memo No. 428 dated 6.12.78 of the Court of District Judge, Jhalakati. By the above name, the District Judge, Jhalakati recommended for drawing up contempt proceeding against the contemners Joynal Abedin and Abdul Malek Sardar for making contemptuous alleg..Category: Criminal Law | Date: | Hits: 64
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
....is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......me see how far the decision in the case of Rustom Ali Mia Bhuiyan Vs. The State reported in 9 DLR 424 can be availed of by the learned Advocate for the appellant‑petitioner. In this reported case a proceeding under section 514 of the Code of Criminal Procedure was started against the appellant in ..Category: Criminal Law | Date: | Hits: 70
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
..... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242.......aw, and which is only re‑enacted by the statute with a special form of remedy there, unless the statute contains words necessarily excluding the common law remedy, the plaintiff has his election of proceeding either under the statute or common law. There is a second class, which consists of those ..Category: Civil Law | Date: | Hits: 79
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237.......l Islam, Inspector of Food, Golapganj Upazila, District Sylhet has prayed for issuance of Rule Nisi calling upon respondent No. 1, Director General of Food to show cause why the impugned departmental proceeding against the petitioner as contained in Memo No. 199/পরি/প্রসা/তদন..Category: Administrative Law | Date: | Hits: 175
....ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
......m. The 1st party worker mentioned the names of his defence witnesses to the enquiry officer and he wanted to be present at the time of examination of PWs and to cross‑examine the PWs in the enquiry proceeding, but the enquiry officer did not examine the prosecution witnesses in his presence and di..
Category: Employment/Service Law | Date: | Hits: 89
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ......o this Court asking this court to transfer the Special Tribunal Case No. 60 of 1991 to the Court of any other Special Tribunal or to the High Court itself and pending hearing of the Rule, all further proceedings of Special Tribunal Case No. 60 of 1991 be stayed. 9. Mr. Serajul Huq, the learned Ad..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......ement before the Committing Court at a pre‑trial stage is no longer available because of his death. Section 33 of the Evidence Act runs as follows: "33. Evidence given by a witness in a judicial proceeding or before any person authorised by law to take it, is relevant for the purpose of proving..Category: Criminal Law | Date: | Hits: 87
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
.... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ......ritten statement contending, inter alia, that there is no cause of action for filing the aforesaid suit. The suit is barred by limitation and the same is not maintainable in view of the fact that the proceeding under section 52 of Ordinance 72/76 is pending on the self‑same subject matter wherein ..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134....... would lose an additional amount of Tk. 2 crores. 6. On receipt of the report from the Bureau of Anti‑Corruption, the Secretary to the Prime Minister marked Bangladesh Bank asking him to start a proceeding against those persons responsible but no such action was taken yet. 7. The petitioner ..Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ...... that any attempt to justify the libel upon a Judge or a Court is in itself a contempt. Superior Courts of this Sub-continent including this Division delivered speeches on several occasions that in a proceeding for contempt by publishing a libel upon the Court the defence that the defamatory imput..Category: Criminal Law | Date: | Hits: 124
Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)
....rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ......iew of the decisions of Satya Narayan Poddar Vs. State reported in 53 DLR 403 and Sirajul Islam Vs. Tauhid Uddin Ahmed reported in 15 BLC 39 referred to us the parties we are of the view that instant proceeding is not liable to be quashed as claimed". 5. We have heard the learned Counsel and peru..Category: Criminal Law | Date: | Hits: 118
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ......has raised several other objections against the present application under section 38 of the Companies Act. He has submitted that there are certain complicated questions of facts which in this summary proceeding cannot be resolved. The respondent bank did not raise any other objection excepting the t..Category: Company Law | Date: | Hits: 175
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