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Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......iable to be set aside. 11. Mr. Khandker Mahbubuddin Ahmed, learned Advocate appearing for the defendant respondent, on the other hand, submits that in view of the materials on record including the proceeding of criminal case section 145 Cr.P.C. an issue ought to have been framed as to maintainabi..Category: Property Law | Date: | Hits: 59
Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)
.... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... evasive manner that the Contempt Petition was baseless, concocted, malafide and contained no ingredients of contempt of Court and submitted for discharge of the Rule. 8. In course of the contempt proceedings the contemner filed as many as five supplementary/ additional affidavits-in-opposition. ..Category: Criminal Law | Date: | Hits: 68
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ......d was executed and registered by a person not of unsound mind. 10. Limitation cannot run against a minor, insane, or idiot. They are the persons under legal disability, who may institute a suit or proceeding, or make an application for execution of a decree within the same period after the disabi..Category: Property Law | Date: | Hits: 54
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....e 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:20 BLT (HCD) (2012) 15. ...... The Code of Civil Porcedure, 1908 (V of 1908); Order XXI rule 83 The Artha Rin Adalat Ain, 2003 ( VIII of 2003); Chapter VI Scope of applicability of the Civil Procedure Code in an execution proceedings under the Artha Rin Adalat Ain, 2003 Chapter VI of the Artha Rin Adalat Ain, 2003 spe..Category: Procedural Law | Date: | Hits: 95
....dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563.......lear that no witness was examined in presence of the respective petitioner nor any opportunity was given to any of them to cross-examine any witnesses.
17. Let us now see whether in a disciplinary proceeding by an educational institution against the delinquent student the educational institution ..
Category: Others | Date: | Hits: 116
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
.... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......a Kumar Sinha. Shah Abu Nayeem Mominur Rahman J.- I have gone through the main judgment of my learned brother Justice Surendra Kumar Sinha. 4. The facts and the issues involved in the contempt proceeding have been discussed in detail in the main judgment. The discussion on the point of contem..Category: Criminal Law | Date: | Hits: 163
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
.... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......n was either sought for or obtained for prosecution of the accused before taking cognizance of the case by the learned Special Judge and before trying them. In the absence of such sanction, the whole proceeding before the learned Special Judge appears to be illegal and without jurisdiction. In view ..Category: Criminal Law | Date: | Hits: 43
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ......submits that an earnest endeavour must be made by the court and every possible explanation for the validity of the act performed should be explored and if it is found that the act done, order made or proceeding undertaken is without lawful authority the court should declare them to be of no legal ef..Category: Fiscal/Taxation Law | Date: | Hits: 83
....es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 299.
......urther order or orders passed as to this court may seem fit proper stating, inter alia, that the petitioners being employed under respondent No.1 was served with charge sheet for misconduct vide BJMC proceedings BI:ma-214 (HO)/139 dated 4-3-97(Annexure-A) on the allegation of neglect of duty for sel..
Category: Employment/Service Law | Date: | Hits: 87
....he Companies Act be returned to the petitioner.
The petitioner may refer the matter to the said Arbitration Tribunal, if so advised.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 538.......s to do so, the Government has the power, to rescind, amend, etc. By section 8A, if a trade organisation fails to hold elections in time, the Director may condone the delay. By section 9 all acts and proceedings of a trade organisation are subject to the control of the Director, who has also the pow..
Category: Company Law | Date: | Hits: 198
Jalal Uddin Ahmed (Md.) and others Vs. Delwar Hossain and others, 1999, 28 CLC (HCD)
....nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552.......re between the same parties and on the same point of law, they are taken up together for hearing and are disposed of by this one judgment. 2. The petitioners in both the Rules are pre-emptees. The proceeding of pre-emption is under section 96 of the State Acquisition and Tenancy Act. The opposite..Category: Property Law | Date: | Hits: 58
Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)
....rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550.......This Rule under section 115 of the Code of Civil Procedure is directed against an order passed by Subordinate Judge, 3rd, Court, Dhaka on 30-11-97 in Partition Suit No.176 of 1995 staying all further proceeding of Execution Case No. 16 of 1995 pending in the Court of the Assistant Judge, 3rd Court, ..Category: Property Law | Date: | Hits: 57
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
.... 561A of Code of Criminal Procedure was not disposed of according to him considering the ground taken in the application of the Miscellaneous Case under section 561A of Code of Criminal Procedure for quashing. The judgment passed by this Court contains not only discussions of the facts and circumsta...... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543...Category: Criminal Law | Date: | Hits: 55
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
.... 561A of Code of Criminal Procedure was not disposed of according to him considering the ground taken in the application of the Miscellaneous Case under section 561A of Code of Criminal Procedure for quashing. The judgment passed by this Court contains not only discussions of the facts and circumsta...... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543...Category: Criminal Law | Date: | Hits: 52
Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)
....he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534....... of the customer. 10. Section 6 of the Bankers Books’ Evidence Act 1891 provides that Court may order inspection of bank’s books and taking of copies of any entry therein by a party to a legal proceeding. The aforesaid provision is an exception to the maintaining of secrecy of banks documents..Category: Banking Law | Date: | Hits: 196
Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
....referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527....... calling for prosecution of the petitioner and gave him sufficient opportunity to defend himself, he filed the present suit with mala fide intention for obstructing a lawful departmental disciplinary proceeding and, as such, the learned Assistant Judge erred in law in nor rejecting the plaint and th..Category: Procedural Law | Date: | Hits: 83
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......ion of rent decree No. 860/31 auction sold the land of CS Khatian No. 687 and Asmat Ali Howlader auction purchased the land with his own money and got possession in the land. While Asmat Ali had been proceeding to annul the encumbrance as regards under tenancy of Khatian Nos. 688 and 689 there had b..Category: Property Law | Date: | Hits: 98
Dr. Abdul Gani Vs. Mujibur Rahman & others, 1999, 28 CLC (HCD)
.... and decree dated 24-5-87 passed by the Senior Assistant Judge, Kishoreganj in Small Cause Courts Act Suit No. 1 of 1986 is hereby set aside. Ed. This Case is also Reported in: 51 DLR (1999) 510.......t get share in the suit property. The learned Judge has observed that on the pleadings of both the parties it appears that there is a serious question of title involved in this Small Cause Courts Act proceeding. As the suit is a Small Cause Courts Act suit there is hardly any scope to go in details ..Category: Civil Law | Date: | Hits: 89
Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
....dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214....... J.- This First Miscellaneous Appeal is directed against the judgment and order dated 28‑2‑2001 passed by the learned Subordinate Judge, 1st Court, Rangpur in Miscellaneous Case No. 25 of 1995 (a proceeding under section 24 of the Non-Agricultural Tenancy Act) disallowing the pre-emption. 2..Category: Property Law | Date: | Hits: 53
Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)
....ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211....... 7. I have heard the learned Advocates of both the sides and perused section 12 of the Trade Organisations Ordinance. The said provision envisaged that in case of any dispute in respect of an act or proceeding of a trade organisation or its Executive Committee, the concerned member may refer such d..Category: Civil Law | Date: | Hits: 74
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