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Category: Civil Law | Date: | Hits: 90
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
....urt and revision lies from an order of the Appellate Judge. He has submitted that this fact alone will not make the Election Tribunals civil courts with all the powers under the C.P.C. and make the orders of the Election tribunals revisable by this Court under section 115 of the C.P.C. Mr. M.A. Ma..Category: Election Law | Date: | Hits: 100
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....r that any issue or question necessary for the determination of liability shall, be tried as if it were an issue in a suit, and upon the determination of such issue the Court shall make such order or orders upon the parties as may seem just. He also refers to Rules 58-63 of order 21 C.P.C. regarding..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
.... detention. This argument of Mr. Mahfuzur Rahman is not unreasonable and has a considerable force. 7. The next point submitted by Mr. Mahfuzur Rahman is that there were gaps between the successive orders of detention and also that by the last order of extension which was passed on 11.5.87 vide An..Category: Criminal Law | Date: | Hits: 40
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....n the provisions of Order 9, rule 7 are not applicable to the facts and circumstances of the case. He submits that when ex parte proceedings come to a close and the suit is fixed only for judgment or orders, the benefit of the provisions of Order 9, rule 7 are not available to the defendants, becaus..Category: Civil Law | Date: | Hits: 83
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
.... the High Court Division in a writ petition. After hearing the High Court Division made the Rule absolute, declared the detention illegal and directed the respondents to release him. Thrice detention orders were passed and on three occasions the High Court Division declared the detention of Shubhra ..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....o this court within 4(four) weeks from date and furnish a list of such ‘under trial’ prisoners in the Dhaka Central Jail and other Jails in this country and or pass such other or further order or orders as to this court may seem fit and proper. 2. It has been asserted that the petitioner is a..Category: Criminal Law | Date: | Hits: 45
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....and of upholding the rule of laws, Since the Courts are entrusted with the duty to uphold the Constitution and the laws, it very often comes in conflict with the State when it tries to enforce its orders by exacting obedience from recalcitrant or indifferent State agencies. Therefore, the need f..Category: Criminal Law | Date: | Hits: 130
Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)
.... recounting of votes. He also cited the decision in the case of Nur Hossain Vs. Election Tribunal, Cox’s Bazar, 27 DLR (AD) 117. 11. I have perused the revision application and the judgments and orders of the Court of appeal below and those of the Election Tribunal. I have also heard the learne..Category: Election Law | Date: | Hits: 79
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....n. The arbitration shall be conducted as per the provisions of Arbitration Act, 1940. Performance of the contract shall continue during the arbitration proceeding unless the owner by order in writing orders the suspension of the work or any part thereof.”(Emphasis supplied) Under the arbitrati..Category: Alternative Dispute Resolution | Date: | Hits: 186
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....ures-C and C-1) and also in letter dated 11- 4-2000 (Annexure-H) should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this court may seem fit and proper. 2. In the writ application it has been stated, i..Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)
....sion in its revisional jurisdiction, on the basis of the materials on record, was competent to come to a decision of its own without sending back the suit on remand to the trial Court and that remand orders are not be made as a matter of course when there is sufficient evidence on record and in the ..Category: Civil Law | Date: | Hits: 72
Category: Constitutional Law | Date: | Hits: 117
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
.... 20. Section 22 of the Civil Courts Act, 1887 enjoins that a District Judge may transfer to any Subordinate Judge under his administrative control any appeals pending before him from the decrees or orders of Assistant Judges. 21. Section 24 of the Code of Civil Procedure mandates that on the ap..Category: Election Law | Date: | Hits: 89
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
....on of the order dated 6-7-1992 but the said application was also rejected on 14-7-1992 12. Mr. Nikhilesh Dutta, learned Advocate, appearing on behalf of the petitioner, submitted that the impugned orders so far as they related to the taking of opinion of the Handwriting Expert/Finger print Expert..Category: Procedural Law | Date: | Hits: 85
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
.... further stated that the respondent No.4 has been lawfully appointed as a Nikah Registrar for the said area in accordance with law. 11. The petitioner in Writ Petition No.1811 of 1998 has impugned orders contained in Memo No. 265-B ichar-7/2N-96(part) darted 16-6-98 Annexure ‘D’ and Memo No.2..Category: Constitutional Law | Date: | Hits: 109
Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....expenses at Taka 49,866.00 and net income at Taka 10,134.00. The DCT also estimated family expenses at Taka 2,60,000.00 against Taka 1,00,000.00 shown by the applicant. 7. Against the aforesaid orders of assessment the petitioner preferred appeals before the Joint Appellate Commissioner of Tax..Category: Fiscal/Taxation Law | Date: | Hits: 64
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....th the sections 439 and 439A of the Code of Criminal Procedure hereunder: “439. (1) In the Case of any proceeding the record of which has been called for by itself or which has been reported for orders, or which otherwise comes to its knowledge, the High Court Division may in its discretion exe..Category: Criminal Law | Date: | Hits: 40
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....al of the interest income and that amount was not a charge upon the income. 10. We have perused the applications, applications for amendment and the papers annexed therewith including the impugned orders. We have also considered the submission made by the learned Advocates for the respective part..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
....ivil Procedure provides as follows: “108. The provisions of this Part relating to appeals from original decrees shall so far as may be, apply to appeals- (a) from appellate decrees, and (b) from orders made under this Code or under any special law in which a different procedure is not provided...Category: Procedural Law | Date: | Hits: 81