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Displaying 161-180 of 305 results.
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....hat being so, allegations on the face of it in no way constitute any criminal offence and, therefore, continuation of the criminal proceeding will not serve any useful purpose save and except causing unnecessary harassment to an innocent and, therefore, to protect an innocent from further harassment......lice Station Case No.11 dated 23.8.1978 under sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947 now pending in the court of Divisional Special Judge, Khulna Division, Khulna for should not be quashed and or pass such other or further order or orders as to this Court may see..Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
....stering authority. In that view of the matter to reject a petition for pre‑emption at the initial stage on the ground of non‑registration of the document before filing of the petition would cause unnecessary hardship on the pre‑emptor and may lead to further complications. Above these, the lea......by the Assistant Judge, Sadar, Sylhet in Misc. Case No.40 of 1990 should not be set aside or pass such other or further order or orders as to this court may deem fit and proper. 2. Facts necessary for disposal of the Rule are as follows: Opposite party No.1 filed Misc. Case No.40 of 1990 in th..Category: Property Law | Date: | Hits: 89
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
....ld that the writ petition is not maintainable. 16. Government is under no obligation to pay commission to the writ petitioner for the works done on behalf of its principal, the High Court Division unnecessary wasted its energy in exploring Annexures-D, E, E-I, J and J-I, which are nothing but cor......T. 3. Facts stated in the writ petition are that the writ petitioner-respondent is a trading firm carrying on, amongst others, indenting business of different items and also acts as local agent of foreign supplier. The writ respondent No.3 published a notice inviting tenders from the reputed Mi..Category: Business or Commercial Law | Date: | Hits: 267
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....nies Act runs as follows: “If-(a) the name of any person is fraudulently or without sufficient cause entered in or omitted from the register of members of a company; or (b) default is made or unnecessary delay takes place in entering on the register the fact of any person having ceased to be......h Chowdhury Kamaluddin Hossain, Advocates ‑For the Respondents. Company Matter No. 10 of 1987. Judgment Mozammel Hoque J.-This is an application under section 38 of the Companies Act, 1913 for rectification of the share register of the company respondent No.2 in respect of the shares of t..Category: Company Law | Date: | Hits: 159
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....mmendation. The High Court Division arrived at such conclusion upon taking into consideration the powers of the Caretaker Government under Article 58D of the Constitution. In our view, this is an unnecessary exercise on the part of the High Court Division, inasmuch as, there is no scope to decid......etition Nos. 513 of 2010.) Not Represented-Respondent Nos. 1-133 (In Civil Petition No. 512 of 2010.) Not Represented-Respondent Nos. 1-48 (In Civil Petition No. 514 of 2010.) Civil Petition for Leave to Appeal Nos. 512, 513, 514 of 2010. (From the judgment and order dated 11.11.2009 pas..Category: Constitutional Law | Date: | Hits: 247
Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
.... the order of stay vacated. 11. Let the LC records be sent down at once. The trial Court is directed to dispose of the suit within 3 months from the date of receipt of the records and not to grant unnecessary adjournments as the Ordinance provides for speedy and summary disposal of the cases disp...... 1986 by the 2nd Court of Munsif, Chittagong. 2. It appears that the plaintiff‑opposite party filed Miscellaneous Case No. 9 of 1985 in the 2nd Court of Subordinate Judge, Chittagong on 2.2.1995 for permission to sue as pauper for recovery of the sum of Tk. 3,09,667.00 on account of prompt valu..Category: Civil Law | Date: | Hits: 106
Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....on of the suit the Court normally does not embark upon the detail enquiry as the time at the disposal of the trial Court for hearing of the interlocutory matter is very short. It is not uncommon that unnecessary high valuation is given in some sale deeds to avoid claim of pre‑emption by the co‑s......tement. Issues were framed by the Court and issue No. 2 was regarding correctness of the valuation given by the plaintiff in the suit. By order dated 16.4.86 issue No. 2 regarding valuation was fixed for bearing on 6.5.86. On that date the matter was not heard and ultimately it was heard on 21.7.86 ..Category: Civil Law | Date: | Hits: 94
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
.... the present proceeding having arisen during the subsistence of the order of detention later on declared invalid, is liable to be quashed to prevent the abuse of the process of the Court and to avoid unnecessary harassment of the petitioner who has committed no offence under section 7(b) of the Spec....... 13 (2)91, GR Case No. 1029/91 under section 7(b) of the Special Powers Act pending in the Court of Senior Special Tribunal and Sessions Judge, Dhaka. 2. Facts in short are that the petitioner, a former Minister of the outgoing Government and Editor of the Daily Ittefaq came to know on informati..Category: Criminal Law | Date: | Hits: 98
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....arty against whom it has been passed to apply to have it discharged or varied or set aside; and (2) when an injunction order already in force has, owing to fresh Circumstances, become unduly harsh or unnecessary or unworkable, it would be open to either party to apply under r. 4 to the Court to disc......e 4 and section 151 of the Code of Civil Procedure. 2. The petitioners as plaintiffs instituted the suit in the said Court of Subordinate Judge against the opposite party Nos. 2‑17 as defendants for a declaration that the decree obtained by the original defendant No. 1 Imanuddin Rari (since dec..Category: Procedural Law | Date: | Hits: 84
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....ties do not agree, the Court may be required to make a decision as to who should be selected as an arbitrator, and that may be a function either judicial, or procedural, or even ministerial but it is unnecessary to decide which it is.” 13. He next referred to a case decided by the Lahore High C......Misc. Appeal No.163 of 1977 decided by a Bench of the High Court Division on November 14, 1980. 2. Respondent No.1 instituted Title Suit No.104 of 1974 in the court of 3rd Subordinate Judge, Dacca for filing the arbitration agreement under section 20 of the Arbitration Act. There was a contract, ..Category: Alternative Dispute Resolution | Date: | Hits: 147
.... Rule 11 above is satisfied. The principles involved are two-fold. In the first place, it contemplates that a still born suit should be buried at its inception so that no further time is consumed and unnecessary expenses incurred on a fruitless litigation. Secondly, it gives the plaintiff a chance t......ite party No.1 to show cause as to why the order dated 13-7-1995 passed by the learned Assistant Judge, Dhamrai, Dhaka, rejecting an application under Order VII rule 11 of the Code of Civil Procedure for rejection of the plaint in Title Suit No.3 of 1995, should not be set aside.
2. The opposite ..
Category: Civil Law | Date: | Hits: 94
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
....ated or parties reside; or the account books are kept, etc. (vi) Where two persons have filed suits against each other in different Courts on the same cause of action (vii) To avoid delay and unnecessary expenses (viii) Where important questions of law are involved or considerable sectio......tiff-opposite party-petitioner (hereinafter referred to as petitioner) instituted a Money Suit being Money Suit No. 2 of 2003 in the Court of the learned Additional Joint District Judge, Narayanganj, for recovery of money amounting to Taka 27,14,28,735.33 as compensation from the defendants-petition..Category: Civil Law | Date: | Hits: 92
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....as not also found that the impugned Ordinance/Act is in conflict with any other provision of Part II of the Constitution containing Fundamental Principles of State Policy. That being so it was wholly unnecessary to decide whether in view of the Provision in sub-article (2) of Article 8 that the prin......Ittefaq Group of Publications Ltd., should not be declared to have been made illegally and without lawful authority and is of no legal effect. 5. The broad facts leading to the issuance of the aforesaid Rules are substantially the same which are shortly stated as under: Ittefaq Group of..Category: Information Technology Law | Date: | Hits: 324
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....nts within 45 days failing which action under section 4(2) of the Act would follow. 3. The impugned notice dated 27-3-94 as above is nothing but harassment of the petitioner who was earlier put to unnecessary trouble and harassment through arrest in connection with GD entry No.6767 dated 12-6-93 ......assment of the petitioner who was earlier put to unnecessary trouble and harassment through arrest in connection with GD entry No.6767 dated 12-6-93 under section 54 of the Code of Criminal Procedure for which she moved the Metropolitan Magistrate Court wherefrom she was granted bail but she was the..Category: Criminal Law | Date: | Hits: 78
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....he High Court Division to which appeal lies from convictions under these Orders.......................that the provisions of the said two Articles are very extraordinary and they are likely to entail unnecessary hardships and injustice in some cases but such consideration should not deflect a Court ......t: The appeal is allowed. The Emergency Power Rules, 2007, Rule 19(gha) The expression Adalat or Tribunal in rule 19(gha) refer to all Courts including the Supreme Court of Bangladesh. Therefore under rule 19(gha) the Supreme Court is also debarred from granting bail to persons accused of ..Category: Criminal Law | Date: | Hits: 100
....ould not be allowed to get away with their apparent misconduct as such we leave the matter with the concerned authorities to take stern disciplinary actions against those officials who caused so much unnecessary harassment to the petitioners for such a long time.
Let a copy of this judgment be f......nts did neither complete the transaction nor hand over the physical possession of the property in favour of the petitioners in spite of compliance of all the terms by them. They made repeated prayers for completion of the transaction but having failed in this respect, a notice demanding justice was ..
Category: Others | Date: | Hits: 96
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....epting bail bond from him. If the accused does not voluntarily appear on the next date the Court cannot proceed with the case without taking steps for his arrest as has been done in this case causing unnecessary delay in the disposal of the case. We have noticed in many cases that such orders allowi......te opposite party to show cause as to why they should not be enlarged on bail in Sessions Case No. 633 of 1996 pending in the 3rd Court of the Additional Sessions Judge, Dhaka. 2. Learned Advocate for the petitioners made extensive submissions after referring to the materials on record specially ..Category: Criminal Law | Date: | Hits: 33
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....plaintiffs did not sign the plaint. But we find that 16 out of 18 plaintiffs signed the plaint and the attorney signed on behalf of other two plaintiffs. In the nature of the suit, this is absolutely unnecessary exercise. 21. In the circumstances and on the evidence on record, the trial Court has......o. 748 of 1999 reversing those dated 30-9-1999 passed by Senior Assistant Judge, 6th Court at Dhaka in Title Suit No. 249 of 1998. 2. The petitioners as plaintiffs on 28-7-1998 instituted the suit for setting aside the judgment and decree dated 24-5-1998 and 31-5-1998 respectively, exhibit 12 and..Category: Property Law | Date: | Hits: 75
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....sed in, such custody as such Magistrate thinks fit, for a term not exceeding fifteen days on the whole. If he has no jurisdiction to try the case or send it for trial, and considers further detention unnecessary, lie may order the accused to be forwarded to a Magistrate having such jurisdiction. ...... 1972 SC 711; SK Dey Vs. Officer-in-charge Sukchi PS, AIR 1974 SC 871; Natobar Parida and others Vs. State of Urishaw, AIR 1975 SC 1465; State of MP Vs. Mobarak Ali, AIR 1959 SC 707; Directorate of Enforcement Vs. Deepak Mahajan, AIR 1994 SC 1775 and Abhinandan Jha Vs. Dinesh Mishra, AIR 1968 SC 117..Category: Criminal Law | Date: | Hits: 70
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....ined in the house of the accused‑petitioner after talak. The complainant also instituted CR Case No. 671 of 2001 under the Dowry Prohibition Act and Nari‑O-Shishu Nirjtatan Case 328 of 2001 for unnecessary harassment. Since the Magistrate has no lawful authority to issue search warrant for the...... search warrant under section 98 of the Code of Criminal Procedure to recover the above mentioned belongings of the complainant from the house of the accused‑persons. 3. On the basis of the aforesaid allegations, the Metropolitan Magistrate, Dhaka, issued a notice upon the accused‑petitio..Category: Criminal Law | Date: | Hits: 49
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