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Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......) of the Ain vide order dated 8-7-03 the Adalat rejected both the applications filed on 3-2-03 and 8-7-03 respectively. Again, on 7-8-03 the decree holder-Bank sought for restoration of the execution proceeding which was rejected by the Adalat vide order dated 21-9-03 Later, on a fresh application f..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
.... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ......to 10-1-1994 and submitÂted its report on 28-5-1994 finding that the allegaÂtion of issuing false work orders against the petiÂtioner and others was not correct. Thereafter, a regular departmental proceeding was drawn up against the petitioner for the offence punishable under Rule 138 (c)(d) of t..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged withÂout any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......emptory hearing. MeanÂwhile, the petitioners upon preferring an application under Article 102 of the Constitution have obtained the present Rule from different perspective, menÂtioned above and the proceeding of the suit has been stayed. 4. However, in Writ Petition No. 6057 of 2005 a Rule ..Category: Others | Date: | Hits: 104
A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ...... Mollah, Deputy Attorney-General -For the State. Criminal Miscellaneous Case No. 5461 of 2005. Judgment Sharifuddin Chaklader J.- This Rule was issued to show cause as to why the proceeding of GR Case No 146 of 2001 pending in the Court of Additional District Magistrate, Bhola, ..Category: Criminal Law | Date: | Hits: 29
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......997. Judgment SK Sinha J.- Opposite party No. 1 preferred this appeal from the judgment and order dated 9-10-97 of the District Judge, Khulna in Miscellaneous Case No. 176(A) of 1985, a proceeding under section 263 of the Succession Act, 1925. 2. Facts relevant for the disposal ..Category: Property Law | Date: | Hits: 68
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ......ing Messrs Pan Asia Lines Ltd. Thereafter, in Title Suit No. 209 of 2002 this petitioner filed a petition under section 10 read with section 151 of the Code of Civil Procedure to stay all the further proceedings of Title Suit No. 209 of 2002 till disposal of Artha Rin Suit No. 34 of 2004. The trial ..Category: Civil Law | Date: | Hits: 82
AHM Moazzem Hossain Vs. State, 2006, 35 CLC (HCD)
....pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ...... the State. Criminal Miscellaneous Case No. 15109 of 2005. Judgment Sharifuddin Chaklader J.- This Rule at the instance of the accused petitioner is directed for quashment of the proceedings of CR Case No. 2564 of 2005 filed under section 5(1)(Ga) of Smoking and Tobacco Consumpt..Category: Health Law | Date: | Hits: 251
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......ge did not notice the above order of the learned District Judge transferring the case. 12. Under section 388(4) of the Succession Act, the District Judge is invested with the power to withdraw any proceedings under part X from any inferior court, and may himself dispose of them or transfer them t..Category: Property Law | Date: | Hits: 36
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
....e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546.......Mr. Md. Golam Mostafa, the learned AdvoÂcate appearing on behalf of the opposite parties, opposes the Rule. He submits that in accordance with the Rupali Bank Employees Service Rules, a departmental proceeding was drawn against the plaintiff on the charge of misappropriation of money deposited by s..Category: Criminal Law | Date: | Hits: 29
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......uptcy Case Nos.1 to 5 of 1998 pending in the Bankruptcy Court, Dhaka should not be declared to have been made without lawful authority and of no legal effect. At the time of issuance of Rules further proceedings of the Bankruptcy cases in question were stated. 2. Respondent No.2 Al-Baraka Bank (B..Category: Civil Law | Date: | Hits: 78
.... instead of resorting to the shortcut proÂvision of rule 13(ii) of the Regulations, 2003.
Accordingly, the petitions are disÂposed of.
Ed.
This Case is also Reported in: VII ADC (2010) 799. ......sciplinary hearing; that in the Bangladesh Bank Staff Regulations, 2003 and the Bangladesh Bank Manual of Administrative Instructions, 2003 there are separate and distinct provisions for disciplinary proceeding for punishment in Part-III in Regulations 44-46 and termination simpliciter under Regulat..
Category: Administrative Law | Date: | Hits: 215
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......r by a mutawalli, who assumes to deal with the trust property as if he were the true owner, in breach of his duty and in fraud of the trust reposed in him, is ultra vires and may be avoided by timely proceedings properly taken for the purpose. The vice in the transferee's title, whether he takes it ..Category: Trust/Waqf Law | Date: | Hits: 228
Taju and others Vs. State, 2007, 36 CLC (HCD)
.... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ...... of the evidence on record of individual case. 40. Moreover, we must also remember that first information report is only the beginning of a particular criminal case. It just sets the criminal proceeding in motion. By itself it is not a substanÂtive piece of evidence. So, in the absence of a..Category: Criminal Law | Date: | Hits: 42
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ......sonment the total period of custody the accused suffered in connection with the offence. The High Court Division in order to decide the question as to how far the provision of the Code applies to the proceeding under the Special Powers Act, which is a special law, considered section 1(2) of the Code..Category: Criminal Law | Date: | Hits: 43
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......993. Then in the appeal learned Subordinate Judge, 2nd Court, Mymensingh by his judgment and order dated 30‑7‑1995 reversed the decision of the learned trial Court and dismissed the pre‑emption proceeding. 5. Being aggrieved thereby the pre‑emptor moved this Court on an application under ..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ...... and order dated 28-4-97 appointed Mr. Justice Abdul Bari Sarker, a retired judge of the High Court Division as the sole Arbitrator to arbitrate in the matter. Then the Arbitrator started arbitration proceedings on 9-6-1997 and also issued notice upon the parties. The learned Arbitrator also directe..Category: Civil Law | Date: | Hits: 77
.... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires.
Ed.
This Case is also Reported in: 59 DLR (2007) 470.
......ection 115 of the Code of Civil Procedure which reads as follows:
"115. Revision.- (1) The High Court Division may on the application of any party aggrieved, call for the record of any suit or proceeding, in which a decree or an order has been passed by a court of District Judge or Additional..
Category: Property Law | Date: | Hits: 34
Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)
....e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ......st the accused petitioner was taken illegally, as such, the order passed taking cogniÂsance of the offence against the accused petitioner is liable to be set aside or, in the alternative, the entire proceeding should be quashed. In support of his submissions, the learned Advocate relied on a decisi..Category: Criminal Law | Date: | Hits: 27
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....e thereunder. Said convict accused Lokman Hossair be treated to be at liberty if not connected with any other case. Records be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 441.......and report. It is quite obvious that in the absence of any chemical test report with opinion about existence of codin in the contents of any of the seized bottles of Phensidyl, there was no scope for proceeding against the accused for offence under section 19(1)3 (ka) or 3 (kha) of Narcotics Control..Category: Criminal Law | Date: | Hits: 30
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
.... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ...... in the prescribed manner to a High Court or to the Registrar and the Tribunal may make such order for making, expunging or varying the entry as it may think fit. (3) The Tribunal may, in any proceeding under this section, decide any question that it may be necessary or expedient to decide i..Category: Intellectual Property Law | Date: | Hits: 187
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