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SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......re. 5. Being aggrieved by the said order dated 5.4.2010 the petitioner-company moved this Court under its special original jurisdiction and obtained a Rule and ad-interim order staying all further proceedings in the said execution case. 6. The decree-holder bank as respondent No.3 appears and ..Category: Procedural Law | Date: | Hits: 80
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
.... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ......the impugned Memo No.Common:Sha:71/97 Second Part)/518 dated 1.4.2001 issued by the Secretary, National Curriculum and Text Book Board (NCTB), Dhaka (Annexure-C to the petition) cancelling the tender proceeding for the internal decoration, electrical work and renovation of 12 floor of the building s..Category: Others | Date: | Hits: 133
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......ry is transformed into that of a civil Court. 12. In the case of Nuruzzaman Vs. The Secretary Education Department, (1965) 17 DLR 46 it has been held by a Division Bench of Dhaka High Court that a proceeding under section 32 of the Waqf Ordinance is of a civil nature and all enquiry by it must be..Category: Trust/Waqf Law | Date: | Hits: 157
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ...... 28.1.90 and on the advice of his engaged Advocate he went to the office of the respondents on 29.1.90 and came to know that the University Authority have already given a decision on the basis of the proceeding started against the petitioner in respect of the alleged adoption of unfair means by the..Category: Others | Date: | Hits: 122
Abdul Jalil Sheik Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)
....e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......djournment cost the petitioner immediately paid the said cost. Besides, even if the petitioner knew about the cost, then also non‑compliance with the order of a Court for payment of cost a separate proceeding can be drawn against a defaulting person but such non‑payment cannot be a ground to dis..Category: Property Law | Date: | Hits: 75
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ......ted land. He noticed that schedule of the Hibanama wherein the disputed land has been described as nal land i.e. agriculture land and further it appears an injunction was issued in this pre‑emption proceeding and it was locally inspected by an Advocate Commissioner. All these materials were consid..Category: Property Law | Date: | Hits: 72
....nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......ge on 22-6-74. Thereafter a revisional application was filed being Civil Revision No.1110 of 1974. Curiously enough, in that revision which is still pending before the High Court Division all further proceedings of the main suit were stayed. It is inconceivable how in a proceeding under Order 1, rul..
Category: Procedural Law | Date: | Hits: 68
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......f the High Court Division misinterpreted section 20 of the Arbitration Act as well as the Arbitration clause of the agreement as was in force. Leave was granted to consider the question. 5. Before proceeding further the relevant clause providing for arbitration may be quoted. This is clause 21 wh..Category: Alternative Dispute Resolution | Date: | Hits: 147
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ......ubject to review under Order 49, rule 1 C.P.C. In this view of the matter the Rule was made absolute and the order dated 27.5.1975 was set aside and the Court directed the Munsif to recommence the proceeding of the Court from the stage at which the pleader Commissioner submitted his report. 3...Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......Commissioner or Commissioner, Chairman and Members of the Public Service Commission, the Comptroller and Auditor General and others in the service of the Republic will continue to function. All proceedings arising out of and in connection with Writ petitions under Article 102 of the suspended ..Category: Constitutional Law | Date: | Hits: 181
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......er through mistake; and that "the mistake is apparent from records". 9. Mr. Ali submitted that section 30(1) of the Act permits rectification of any "mistake apparent on the face of the record or proceeding connected with that order." According to Mr. Ali, the two expressions "mistake from the r..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ...... parte which is pending for hearing. 7. Later the appellant prayed for hearing of the aforesaid Misc. Case No.76/75 but the learned Subordinate Judge by his order dated 1.6.76 stayed further proceedings of the Miscellaneous Case holding, inter alia, that the appellant had already filed an ..Category: Procedural Law | Date: | Hits: 80
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ...... exist; and it is obvious that the belief of the Court in existence of a given fact ought to proceed upon grounds, altogether independent of the relation of the fact to the object and nature of the proceeding in which its existence is to be determined. Judicial decisions must proceed upon imperfec..Category: Tenancy Law | Date: | Hits: 210
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......y insured amount to the respondent No.1 is illegal, mala fide, void and not binding upon the appellant. 3. Upon filing the suit, the appellant made and moved an application for stay of all further proceedings of Money Execution No.6/1998 till disposal of the suit. On hearing the application, the ..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
.... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......on Ordinance is to the effect: Notwithstanding anything contained in any law for the time being in force or in the Articles or Memorandum of a registered Trade Organisation, no suit or other legal proceedings shall be instituted or Commenced against such registered Trade Organisation (or any memb..Category: Others | Date: | Hits: 123
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ......intiff being the actual importer of the goods as the notified party, as appears from the Bills of Lading and as such he being the beneficiary of the consignment has every authority to institute legal proceeding on any grievance against the carrier. He further argued that the plaintiff actually took ..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Shahadat Hossen Vs. State, 2011, 40 CLC (HCD)
....t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... drawing our attention to the FIR submits that since the FIR was lodged without complying the provision as laid down under section 27 of the Special Powers Act and initiation of the impugned criminal proceeding is illegal and without jurisdiction and the appellant has got fair chance of acquittal in..Category: Criminal Law | Date: | Hits: 66
Amir Hossain Vs. M.V. TITU-5 and others, 2010, 39 CLC (HCD)
....a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ......lf of the plaintiff submits that the cause of action of both the suits are same and pending in between the instant parties although allegedly filed the consignee of the goods and as such the separate proceeding of the said suit may cause a divergent judgment passed and as such the said suit is requi..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
....ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ....... The petitioner filed the suit being TS No.4 of 1989 before the Subordinate Judge and Artha Rin Adalat No.2 Dhaka for declaration that the claim of the respondent Bank as included in the certificate proceeding was not due to the Bank and total amount recoverable from the certificate debtor as on 30..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
Abdul Alim Vs. State and Others, 2000, 29 CLC (HCD)
....fter taking possession through officer-in-charge, the second party Monowara Islam through her constituted Attorney Abdul Alim moved this court under section 561A of the Code of Criminal Procedure for quashing the above proceeding and obtained the present Rule. 3. The learned Advocate on behalf of......ant Attorney-General - For the State. Criminal Miscellaneous Case No. 6040 of 1999. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the proceeding under section 145 of the Code of Criminal Procedure in Motijheel PS Non FIR No.793/97 pen..Category: Criminal Law | Date: | Hits: 47
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