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Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......etitioner. Having failed to enter into possession of these lands the said Rafiqul Huq Chowdhury filed an application before the then Sub‑Divisional Magistrate, Bhola, with a prayer for drawing up a proceeding under section 145 of the Code of Criminal Procedure. The learned Sub‑Divisional Magistr..Category: Property Law | Date: | Hits: 63
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......ed on behalf of the petitioner that Article 117(2) of the Constitution of the People's Republic of Bangladesh provides that when an Administrative Tribunal is established no court shall entertain any proceeding or make any order in respect of any matter falling within the jurisdiction of such tribun..Category: Employment/Service Law | Date: | Hits: 64
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....e the said Magistrate and prayed for bail on 19.10.85 which was allowed. Thereafter the accused petitioner moved an application under section 561 A of the Code of Criminal Procedure in this Court for quashing the proceeding of the case so far as it relates to her and obtained the present rule. 4.......s. Sigma Huda in an application under section 561A of the Code of Criminal Procedure was issued upon the Deputy Commissioner, Dhaka and the complainant opposite party No.1 to show cause as to why the proceeding of P. Case No.765a/1985 under sections 499/500 of the Penal Code pending in the Court of ..Category: Family Law | Date: | Hits: 191
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.......urt did not commit any illegality in allowing amendment and that there is no bar for filing applications under Order 6 rule 17 of the Code of Civil Procedure at any stage for proper adjudication of a proceeding before the Court and there is nothing to be aggrieved because the amendments quoted afore..Category: Property Law | Date: | Hits: 79
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
.... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115.......tion of tax but it has to act judicially. 5. Now, let us consider the contentions argued at the Bar. The case of Puran Mal Kauntia is not directly on the point. That was a case for staying further proceeding of a case pending before the AAC by the Tribunal where the appeal was preferred from the ..Category: Fiscal/Taxation Law | Date: | Hits: 98
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......15. Cornelius, J (as his Lordship then was) held in respect of the jurisdiction of the Court: ".............this Court cannot claim to exercise any inherent power to grant bail at any stage of the proceedings...........it must be derivable from the express terms of the Code itself." 16. Regar..Category: Criminal Law | Date: | Hits: 89
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ...... the respondent No.1 was served with a charge sheet containing several allegations raised against him under Rule 39(Ka), (Kha) and (Cha) of the Rural Electrification Board Service Rules, 1990 and the proceeding was started against him as per provisions of Rule 43 of the Service Rules, 1990. The resp..Category: Employment/Service Law | Date: | Hits: 175
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
....ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168.......ties and after hearing such of them as desire to be heard, or of its own motion without such notice, the High Court 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: Procedural Law | Date: | Hits: 102
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166.......point summarised the principle, in the following words: "The above cases are sufficient to show that non‑compliance with the provisions of a statute or Constitution will not necessarily render a proceeding invalid if by considering its nature, its design and the consequences which follow from i..Category: Election Law | Date: | Hits: 130
Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)
....along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......Revision No. 20 of 089. Judgment Kazi Ebadul Hoque J.- In the case Rule was issued on 29.5.89 upon the Deputy Commissioner, Chittagong and complainant opposite party No. 1 to show cause why the proceeding of Criminal Case No. 97 of 1988 pending in‑ the Court of the Upazila Magistrate, 1st Cl..Category: Criminal Law | Date: | Hits: 69
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......ode in support of the cause of action of Money Suit No.2 of 2005. Then charge was framed against the defendants-respondents under sections 406, 420 and 506 of the Penal Code. Challenging the impugned proceedings the defendants-respondents moved the High Court Division under section 561A of the Code ..Category: Civil Law | Date: | Hits: 113
....he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ......ndent No. 3 asking the petitioner to appear before him and to remain present during the examination of witnesses on 16.9.89 in respect of the charge framed against the petitioner and the departmental proceedings pursuant thereto should not be declared to have been made without lawful authority and t..
Category: Employment/Service Law | Date: | Hits: 79
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......the same till the disposal of the‑suit and the Court did not pass any order for attachment. But the defendant sold the property before the disposal of the suit. The plaintiff thereafter applied for proceedings for Contempt of Court against the defendant. The application was not granted. In this ca..Category: Procedural Law | Date: | Hits: 84
Sheikh Mohd. Salimullah Vs. Shafiqul Alam, 1990, 19 CLC (HCD)
....as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......ese two applications are taken up together for hearing as they relate to the same matter. 2. The petitioner in these two revisional applications filed two petitions praying for staying all further proceedings of SCC Suit Nos. 56 and 57 of 1988 now pending in the 1st Court of Assistant Judge and S..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....y law and he was convicted under section 19(f) of the Arms Act and sentenced to rigorous imprisonment for 10 years. As he could not file an appeal within the statutory period, he filed a petition for quashing of the conviction and sentence by filing an application under section 561A of the Code of C......e Adalat by its order dated 27th February, 2008 rejected the said application on the reasoning that the Judgment-debtor could not produce any order of stay from the High Court Division and that the proceedings of the execution case could only be stayed under section 31 if the High Court Division m..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
.... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112.......roper inference from the facts proved in each particular case as to whether the plea of waiver and acquiescence exists validly or not". 12. Although the reported case arises out of a pre‑emption proceeding but the principles therein in our opinion, apply with full force in the facts circumstanc..Category: Employment/Service Law | Date: | Hits: 88
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ...... greatest respect to doubt whether those provisions could apply to a statement taken on commission in the course of a trial which could scarcely be regarded as a statement made in an earlier judicial proceeding or at an earlier stage of the same judicial proceeding but the learned judge's decision w..Category: Procedural Law | Date: | Hits: 91
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....rt came to the view that a prima facie case is disclosed and framed a charge in view of the said prima facie case that an offence was disclosed, the Court would be extremely reluctant to interfere in quashing a proceeding at the interlocutory stage or at the early stage of the proceeding.” 15. ......al Revision No.82 of 1985. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioner under section 561A calling upon the opposite parties to show cause why the criminal proceeding in Petition Case No.113a of 1984 pending in the Court of the Upazila Magistrate, Nawabgon..Category: Criminal Law | Date: | Hits: 132
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......ing held on July 18, 1991 the respondent and the appellant appeared through their respective representatives and took time for filing written statement. After filing written statement the arbitration proceedings continued and the parties were heard as many as on 22 days from June 9 to August 10, 198..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ...... of 1969 and the suit was found to be incompetent by court's order dated 7.9.79. He, further denied the suggestion that the appeal against that order also abated and the case lands were attached in a proceeding, namely, NGR 80 of 1981 under section 145 of the Code of criminal Procedure. He denied a ..Category: Criminal Law | Date: | Hits: 86
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