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Nazem Uddin Vs. Election Tribunal and others, 1999, 18 CLC (HCD)

....to cost and the stay order 23-3-98 staying further proceeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ......has laid down, inter alia,- “That the election disputes should be settled by the Tribunal within the quickest possible time otherwise the exercise would be meaningless. All the objections in the proceeding may be raised in the appeal from the final decision of the Tribunal. The High Court Divis..

Category: Election Law | Date: | Hits: 78

Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)

....date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......efore the subsequent order has caused no injury to anybody. He further submits that this writ petition is not maintainable because the petitioner is not a party either in the suit or in the execution proceeding and he has no legal right in the matter because he has not paid any money or suffered any..

Category: Civil Law | Date: | Hits: 76

Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)

....ccused petitioner appeared before the Court and was granted bail. 6. The accused petitioner then preferred this Criminal Miscellaneous Case under section 561A of the Code of Criminal Procedure for quashing the proceeding of the above-mentioned case now pending in the Court of Chief Metropolitan M......oner appeared before the Court and was granted bail. 6. The accused petitioner then preferred this Criminal Miscellaneous Case under section 561A of the Code of Criminal Procedure for quashing the proceeding of the above-mentioned case now pending in the Court of Chief Metropolitan Magistrate, Dh..

Category: Criminal Law | Date: | Hits: 62

Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)

.... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ......de Mark Application No. 1 of 2001 before this Court and the application was moved on 29-3- 2001 and they also obtained a stay order in respect of the mark of the said company and also stay of further proceeding of the aforesaid Title Suit No. 30 of 2000. This Court in Trade Mark Application No. 1 of..

Category: Intellectual Property Law | Date: | Hits: 181

Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)

.... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ......nd the same has resulted in error in the impugned decision occasioning failure of justice. The learned Advocate further submits that since there is no provision for adducing any evidence in execution proceedings under Order 21 rule 32(1) of the Code of Civil Procedure, the learned Assistant Judge er..

Category: Procedural Law | Date: | Hits: 79

Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)

....ttorney-General—For the State. Criminal Miscellaneous Case No. 1100 of 1999. Judgment Md Hamidul Haque J. - This is an application under section 561A of the Code of Criminal Procedure for quashing the proceedings in respect of the present petitioner of Sessions Case No. 83 of 1997 pendin......al—For the State. Criminal Miscellaneous Case No. 1100 of 1999. Judgment Md Hamidul Haque J. - This is an application under section 561A of the Code of Criminal Procedure for quashing the proceedings in respect of the present petitioner of Sessions Case No. 83 of 1997 pending in the Cour..

Category: Procedural Law | Date: | Hits: 65

State Vs. Moslem, 2002, 31 CLC (HCD)

....upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......idhan Ain have been enacted to curb crime and to deter perpetuators from commission of crime but the train of crime could not be stopped. Social stability and an order are required to be regulated by proceeding against the offenders and by imposing proper punishment mandated by law. Society's cry fo..

Category: Criminal Law | Date: | Hits: 82

Shebait Mohanta Sree Kedar Nath Achari Vs. Sree Khitish Chandra Bhattacharya and another, 1999, 28 CLC (HCD)

.... this order. Communicate the order to the Courts below. The application for vacating the order of stay is disposed of accordingly. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 176. ......ath Achari and 1st party opposite party No.1 Sree Khitish Chandra Bhattacharya @ Achri. Thereafter on 22-4-91 Officer-in-Charge Gomostapur PS submitted a report to the Upazila Magistrate to draw up a proceeding under section 145 by the said court as in spite of service of notice under section 154 of..

Category: Criminal Law | Date: | Hits: 32

Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)

....de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172.......hereafter, on 1-6-1997 the plaintiff of the present suit (opposite party No.1) presented an application under the provisions of Order 21 rule 29 of the Code of Civil Procedure for staying all further proceeding of SCC Execution Case No.1 of 1997. The learned Subordinate Judge by his order dated 8-6-..

Category: Civil Law | Date: | Hits: 66

Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)

....ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......: “No one how high so ever can take the law in his own hands specially when the matter is pending in a court of law. A party altering the status quo existing at the time of filing of the suit or proceeding must be compelled to restore the status quo. Court of appeal below should have decided th..

Category: Property Law | Date: | Hits: 33

Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)

....rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......Commissioner executed the commission and submitted his report which has been accepted by the learned Munsif, Admittedly the review petition was filed on 25.9.84 and there was no stay order of further proceeding of the suit or any ad-interim stay of the operation of the orders dated 13.9.84 and 16.9...

Category: Procedural Law | Date: | Hits: 95

Mrs. Tahera Islam Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1987, 16 CLC (HCD)

.... Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compli­ance. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 193.......tate. On the other hand Mr. Wadud Khondker submitted on behalf of the petitioner that the aforesaid observation was on a different context only pointing to the need of early disposal of Shil­pa Bank proceeding relating to recovery of loan. In this connection Mr. Khondker also referred to the other ..

Category: Banking Law | Date: | Hits: 151

Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)

....ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ....... No.46 of 1972 and suspending him for a period of 8 years and debarring him from practising in any Court or authority in Bangladesh during the period of suspension with immediate ef­fect. 2. The proceeding before the Tribunal was ini­tiated by P.W.1 Md. Liakat Ali Khan, District Manager, Pubal..

Category: Others | Date: | Hits: 72

Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)

....ke out any case for reception of addi­tional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165....... Limitation Act is as follows:- "(2) In computing the period of limitation prescribed for any application, the time during which the applicant has been prosecuting with due diligence another civil proceeding, whether in a Court of first instance or in a Court of appeal, against the same party for..

Category: Property Law | Date: | Hits: 29

Asgar Ali & others Vs. Additional Deputy Commis­sioner, Khulna & others, 1987, 16 CLC (HCD)

.... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ......n's case as stated earlier. In Halima Khatoon's case the decision is that if any action of taking over or vesting of a property comes within the mischief of Martial Law Regulation No. VII of 1977 any proceeding seeking to chal­lenge the taking over or vesting of such property shall abate. The furth..

Category: Property Law | Date: | Hits: 36

SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)

....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......t No.108 therefrom and revenue was collected on the basis of the new khatian No.18, Prima facie the order was a valid one, its validity could not be challenged for a collateral purpose, that is, in a proceeding of preemption. The Civil Court while dealing, with altogether a different matter cannot i..

Category: Property Law | Date: | Hits: 39

Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)

.... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175.......n this case it was held that “after coming into force of the Family Courts Ordinance the Criminal Court’s jurisdiction has been ousted in respect of awarding maintenance except in case of pending proceedings.” I have nothing to differ with this above quoted decision. But I differ with the cont..

Category: Family Law | Date: | Hits: 186

Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165....... more than two years on the plea that the concerned Ministry has not yet made a release order by gazette notification, have wilfully flouted the Court’s order which justify initiation of a contempt proceeding. It is clearly stated here again that after the decision of the Courts of law declaring a..

Category: Property Law | Date: | Hits: 38

Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)

....nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......A of the Code of Criminal Proce­dure, calling upon the informant opposite party No. 1 Shankar Sen Gupta and the Deputy Commissioner, Chittagong, to show cause as to the legality and propriety of the proceeding in Kotwali Police Sta­tion Case No. 29(3)2000 corresponding to GR Case No. 190 of 2000, ..

Category: Criminal Law | Date: | Hits: 43

AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)

....de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......f 2006 with Criminal Miscellaneous Case No. 11080 of 2006. Judgment Sharifuddin Chaklader J.- These two Rules were issued at the instance of the accused petitioners for quashment of the proceedings of Fatullah PS Case No. 125 dated 27-4-2006 pending in the Court of Magistrate, First Cl..

Category: Criminal Law | Date: | Hits: 97