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State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......as Mira. His evidence is in the following terms: In compliance with rules and procedures of law judicial confessional statement was recorded. Statement was true and voluntary. 23. Fate of criminal proceeding by way of Death Reference, Jail Appeal and Criminal Appeals hinges on answer to the follo..Category: Criminal Law | Date: | Hits: 31
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......cation for granting permission to commence satellite broadcasting. The issuance of the Rule Nisi in the Writ Petition prompted interested quarters to come forward in creating obstruction in the legal proceedings. One of the directors, holding 4.17% shares of the petitioner company, Mr. Nasir A Chowd..Category: Information Technology Law | Date: | Hits: 230
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......interim order of injunction dated 8‑8‑2001 and/or whether or not the defendants on 14‑8‑2001 violated the injunction order are the pertinent issues to be determined by the Court itself in the proceeding against violation of Miscellaneous Case No. 26 of 2001. The Court cannot delegate its pow..Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......ter and it is well settled that this power should be used sparingly in an extraordinary situation which warrants intervention from this court. I have also not lost sight of the fact that the contempt proceeding is a quasi‑criminal proceeding and like any other criminal proceeding the contemners ar..Category: Banking Law | Date: | Hits: 158
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55....... a suit, but in ascertaining the limits of the jurisdiction of the High Court, there would no warrant of equating it with a suit alone ... .... .... To interpret the expression 'case' as an entire proceeding only and not a part of a proceeding would be to impose a restriction upon the exercise of..Category: Civil Law | Date: | Hits: 100
Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)
....ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ......ment the respondent's continuous absence from duty for more than five years the Administrative Appellate Tribunal is justified, in treating him to be still in government service. 2. A departmental proceeding was initiated against the respondent for misappropriation of 339 mds 12 seers of rice and..Category: Administrative Law | Date: | Hits: 229
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
.... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ...... state in no uncertain terms that a sentence of fine imposed upon an accused is recoverable from him under the provisions of the Code of Criminal Procedure. Fine imposed upon an accused in a criminal proceeding is of the nature of a financial punishment as distinguished from physical punishment and ..Category: Criminal Law | Date: | Hits: 40
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
.... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ......ecord of the case and the documents submitted therewith, and after hearing the submission of the accused and the prosecution in this behalf, the Court considers that there is no sufficient ground for proceeding against the accused, it shall discharge the accused and record the reasons for so doing. ..Category: Criminal Law | Date: | Hits: 45
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......e or reward either directly or through a contractor to do any skilled, unskilled, manual, technical or clerical work whether the terms of employment be expressed or implied and for the purpose of any proceeding under this Ordinance in relation to an industrial dispute includes a person who has been ..Category: Labour and Industrial Law | Date: | Hits: 99
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......to execution in Other Execution Case No. 2 of 1997 for possession of the share as allotted. 3. On 6-1-98 the petitioners made an application under section 151 of the Code for stay of the execution proceedings and the said application was rejected on 24-5-98 by the execution Court, against the ord..Category: Property Law | Date: | Hits: 29
Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)
....the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306.......tion No. 72 of 2001 against the respondents for violating the order of stay dated 21-6-2001 and Rules were issued directing the Chairman and Managing Director of SIBL to show cause as to why contempt proceedings should not be drawn up against them (Annexure K, K-1, K-2 and K-3). 8. The respondent..Category: Company Law | Date: | Hits: 208
....he certificate asked for, which is hereby issued.
There is however, no Order as to cost.
Sheikh Md. Zakir Hossain J.- I agree.
Ed.
This Case is also Reported in: 63 DLR (2011) 565.
......red to have been validly made and shall not be called in question in or before any court, tribunal or authority on any ground whatsoever.
(2) All orders made, acts and things done, and actions and proceedings taken, or purported to have been made, done or taken, by the President or the Chief Mart..
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291.......ossession. 13. No such affidavit appears to have been produced before the Court below. Nor the defendants could produce the affidavit before us. Moreover, even if such statement made in a separate proceeding is taken on its face value that does not say that the plaintiff admitted thereby to have ..Category: Property Law | Date: | Hits: 31
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
.... this Rule is discharged. No order as to costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285.......reemption application. The application was seriously opposed by the pre-emptors. 4. The application was heard on 4-5-2000 and rejected by the trial Court being of the view that in the frame of the proceeding, there was no scope for the Court to hear and decide on the valuation of the proceeding e..Category: Property Law | Date: | Hits: 28
....and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
......t order. The taxing authority asked the assessee to produce their books of account to enable it to make assessment for the year 1959-60. The assessee challenged that order as illegal. Ultimately, the proceeding was closed. So there was no assessment, nor was there any return filed by the assessee fi..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......e of the Rule. 1 do not find any reason to condone the inordinate delay after so many years. 8. In the result this Rule is discharged without any order as to cost. The order of stay of all further proceeding of Title Appeal No.20 of 1994 pending in the Court of the learned Subordinate Judge, Nars..Category: Property Law | Date: | Hits: 39
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223.......on case. The parties thus had full view and complete knowledge of the case records of Mutation Case No.68 of 1990-91 and they led evidence in the case with reference to the facts of the said mutation proceedings. It is found from the evidence of the pre-emptor appearing as P.W.1 that she clearly sta..Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ......at the summons of preemption case was not duly served. 8. Opposing the Rule, Mr. Salahuddin, learned Advocate for the purchaser, submits that objection as raised in revision on incompetence of the proceedings was never raised before the trial Court and such objection therefore does not deserve to..Category: Limitation Law | Date: | Hits: 175
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ...... detention is to prevent a person on a mere suspicion that some crime had been done and the same would be repeated and is not a question of proving an allegation by evidence which must be done when a proceeding is drawn under the Penal Code.” 7. Mr. Islam has also argued that the detention was ..Category: Constitutional Law | Date: | Hits: 195
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......on of law and facts, those cannot be decided on such an application under Order 7, rule 11(d) of the Code on mere reading of the plaint. The provisions of Order 7, rule 11 of the Code being a summary proceeding, such complicated questions of both facts and law, should not be allowed on such applicat..Category: Property Law | Date: | Hits: 64
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