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Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......ter the Jatiya Sangsad was constituted and the Government was formed in June, 1996, respondent No.5 on 27-8-96 and 10-11-96 gave speeches on the floor of Jatiya Sangsad forming part of the parliament proceedings criticising the opposition in the parliament, particularly leader of the opposition, and..Category: Constitutional Law | Date: | Hits: 196
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ......contrary to law as it can decree the suit under section 107 of the Code of Civil Procedure or it can refuse the specific performance as a Court of first instance without relegating the parties in the proceedings again for fresh trial. According to Mr. SK Nabi, the appeal is the continuation of the s..Category: Civil Law | Date: | Hits: 71
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......ant such relief in the interest of adjustment of equity in aid of justice. We are oblivious that suspension of production of an industrial unit like the plaintiff may cause injury to the developments proceeding in the industrial world. We would however, direct the learned Subordinate Judge to dispos..Category: Others | Date: | Hits: 132
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......ed in the FIR that at about 10.00 PM on 7-1-96 said Faruk Thakur along with 20/25 armed miscreants had trespassed in the said house and on getting information about the same victim Shamsul Alam while proceeding towards that house those miscreants started firing at the victim and his men and at one s..Category: Criminal Law | Date: | Hits: 33
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ......said Martial Law Regulation No. 1 of 1982 created positive prohibition for any Court including the Supreme Court to call in question in any manner any judgment and order of conviction and sentence or proceeding of a Martial Law Court. Eventually, towards the end of 1986 Martial Law was lifted and th..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......doctrine is now codified under section 52 of the Transfer of Property Act, 1882. 69. Section 52 prohibits transfer of the property or otherwise dealing with such property by any party to a suit or proceeding during the pendency of the suit or proceeding which is not collusive so as to affect the ..Category: Property Law | Date: | Hits: 71
.... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
......re not equal in all cases and that persons similarly situated should be treated alike. Equal protection is the guarantee that similar people will be dealt with in a similar way. The legislature which proceeding to make law with certain object in view has power to make classification on reasonable ba..
Category: Fiscal/Taxation Law | Date: | Hits: 81
.... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
......lic of Bangladesh calling upon the respondents to show cause why the impugned order dated 3-6-1998 (Annexure-I) passed by the respondent No.3. Additional Deputy-Commissioner (Revenue), Sylhet and the proceeding of mutation Appeal No.22 of 1994 should not be declared to have been made without lawful ..
Category: Property Law | Date: | Hits: 95
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......rned Counsel for the plaintiff appellant, the title of the plaintiff is beyond question and cannot be affected by the subsequent sale of the suit land as plaintiffs were not parties in the subsequent proceedings in ODC Case No.21 of 1955-56 and on the basis of that auction purchase, neither the defe..Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦..(14) It was the duty of convict-appellant to follow and find out the position of the case. No duty was cast upon Tribunal to run after a fugitive to post him with day-to-day proceeding against him. . . It is well settled that knowledge of learned Advocate is the knowledge o..Category: Criminal Law | Date: | Hits: 58
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
.... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ...... tax here and if the petitioner feels aggrieved with the assessments he can file Appeal or even a Revision. 6. In the instant case, Rule was issued upon the respondents to show cause as to why the proceedings of the assessment and the notice asking him not to travel outside the country should not..Category: Fiscal/Taxation Law | Date: | Hits: 98
Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)
.... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......Rule. 7. Mr. Mansur Habib, the learned Advocate appearing for the Convicts‑Petitioners, submitted that cognizance taken on forgery of document alleged to have been committed by the accuseds to a proceeding in court namely, the Court of Munsif at Joypurhat in OC Suit No. 18 of 1977 in respect of..Category: Criminal Law | Date: | Hits: 129
Mrs. Aruna Sen Vs. Govt. of the PeoÂple's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....this case inÂvolves substantial question as to the interpretaÂtion of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......duties too one body which the Act required should be allocated to a different kind of body. This was held to be ultra virus, and the question was whether prohibition would lie. It was argued that the proceedings of the Commissioners were purely exeÂcutive and controllable by Parliament alone. Banke..Category: Constitutional Law | Date: | Hits: 291
.... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
...... of Civil Procedure regarding review do not apply in terms in writ matters under Article 102 of the Constitution but the principle of review is applicable to the judgment in writ as it involves civil proceeding. Mr. Bhuiyan next argues that the review petitioners have been condemned unheard inasmuch..
Category: Others | Date: | Hits: 119
Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)
.... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270.......e decretal amount in its entirety by means of execution including putting to sale the building of opposite party already under mortgage to the petitioner. It was further stipulated that the execution proceeding would be treated as pending and also subject to renewal till realisation of the entire de..Category: Property Law | Date: | Hits: 91
A Rouf and others Vs. State and another, 1999, 28 CLC (HCD)
....order of the Sessions Judge that the Magistrate shall dispose of case in accordance with law is upheld. Accordingly this Rule is disposed of. Ed. This Case is also Reported in: 52 DLR (2000) 395........ 907 of 1994. Judgment Abu Sayeed Ahammed J.- This Rule has been issued calling upon the Deputy Commissioner, Thakurgaon and the opposite party No.2 and complainant to show cause as to why the proceeding of MP Case No.26 of 1993 under sections 313/109 of the Penal Code now pending in the Cour..Category: Criminal Law | Date: | Hits: 43
Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)
.... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ......l Miscellaneous Case No. 2327 of 1998. Judgment Md. Abdul Quddus J.- By this Rule under section 561A of the Code of Criminal Procedure opposite party was called upon to show cause as to why the proceeding of Petition Case No. 25 of 1993 under section 420/406 Code pending in the Court of Magist..Category: Criminal Law | Date: | Hits: 42
Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)
....his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ......office of the Superintendent of the Madrasha to any one and all the petitioners are still serving the Madrasha in their respective duties. 8. None of the petitioners was suspended. No departmental proceeding was ever initiated against any of the petitioners. 9. The petitioners also submitted a..Category: Employment/Service Law | Date: | Hits: 84
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka-4) Vs. State, 2009, 38 CLC (AD)
....Âment and order dated 20.11.2008 passed by the High Court Division in Criminal Miscellaneous Case No.11212 of 2008 filed under Section 561A of the Code of Criminal Procedure discharging the Rule for quashing the proceeding of Special Case No.10 of 2008 filed under Sections 26(2) and 27(1) of the An......der dated 20.11.2008 passed by the High Court Division in Criminal Miscellaneous Case No.11212 of 2008 filed under Section 561A of the Code of Criminal Procedure discharging the Rule for quashing the proceeding of Special Case No.10 of 2008 filed under Sections 26(2) and 27(1) of the Anti-Corruption..Category: Anti-Corruption Laws | Date: | Hits: 120
Md. Zahidul Islam Vs. Md. Kamal Hossain and another, 2009, 38 CLC (AD)
....petition for leave to appeal is directed against the judgment and order dated 25.03.2009 of the High Court Division passed in Criminal Miscellaneous Case No.6908 of 2008 making the Rule absolute upon quashing the proceeding of Session Case No.416 of 2007 of the Court of Sessions Judge, Rajshahi whic......leave to appeal is directed against the judgment and order dated 25.03.2009 of the High Court Division passed in Criminal Miscellaneous Case No.6908 of 2008 making the Rule absolute upon quashing the proceeding of Session Case No.416 of 2007 of the Court of Sessions Judge, Rajshahi which arose out o..Category: Criminal Law | Date: | Hits: 39
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