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Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
....er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......re the Sessions Judge, Dinajpur, who on hearing the parties, dismissed the appeal and affirmed the judgment and order passed by the trial Court. 8. Being aggrieved thereby, the petitioner filed an application under section 439 of the Code of Criminal Procedure before this Court and obtained the p..Category: Criminal Law | Date: | Hits: 87
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......s vendor ie the judgment debtor Nos.9 and 10, whose title and possession has been extinguished by the auction sale. 5. Being aggrieved thereby the pre‑emptor as petitioner moved this court on an application under section 151(1) of the Code and obtained the present rule. 6. Mr. Mihir Kanti Ma..Category: Property Law | Date: | Hits: 132
Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
....ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515.......ervice ground that appellate Court had no jurisdiction to entertain appeal and Order XLIII, rule 1(c) contemplates an appeal from order including order under Order IX, rule 9 of the Code rejecting an application (in a case open to appeal) for an order to set aside dismissal of a suit and present cas..Category: Procedural Law | Date: | Hits: 104
....ecision and that after about 2½ years suddenly an adverse report procured under duress from the Chief Engineer had set at naught the proceeding of the 26th meeting of the purchase committee and a fresh recommendation was sent in favour of respondent No.4 who though was shown to be the second lo......l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
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Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....that the directors were guilty of a breach of faith towards the company of which they were the directors, But, if it was once established that the company was in need of additional funds and that the fresh issue was decided upon in order to make good those funds, then, whatever other motives might h......e J Rowshan Ara Begum and others………..Petitioners Vs. Doctor's Chemical Works Ltd. & others……….Respondents Judgment November 24, 1991. Result: The application is allowed with costs. Cases Referred to- Md. Soheb Vs. Uttara Bank Ltd., 43 DL..Category: Company Law | Date: | Hits: 225
Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
.... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ...... General‑ For the Respondent Nos.1 and 2. Writ Petition No.3112 of 1991. Judgment Naimuddin Ahmed J.- This Rule, under Article 102(2)(b)(i) of the Constitution, was obtained on an application filed by one Mrs. Hasina Karim, wife of Mr. Fazlul Karim, calling upon the respondents, ..Category: Constitutional Law | Date: | Hits: 299
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....itioner and the other 6 officers soon became a target of resentment by many of the officers of the respondent No.2. The interested group and vested lobby started a machination as to how this input of fresh blood could be excluded from Customs and Excise by denying them in the Customs, Excise and VAT......etition. In all writ petitions he is now praying to the effect that as to why the petitioners should not be absorbed in BCS (Customs and Excise) Cadre with immediate effect. 4. It is stated in the application that by way of Notification under Memo dated 25th February, 1993 published in the offici..Category: Employment/Service Law | Date: | Hits: 216
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......inable. 6. At the very outset Mr. Delwar Hossain, the learned Assistant Attorney General appearing on behalf of respondent No.2 took a preliminary objection regarding the maintainability of the application. He submitted that under section 153 of the Income Tax Ordinance, 1984 an aggrieved as..Category: Fiscal/Taxation Law | Date: | Hits: 170
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ....... Ahmed 36 DLR (AD) 14 are quite different from the facts of the present case as already discussed above. Therefore, the said case reported in 36 DLR (AD) 14 is distinguishable and has no manner of application in the facts of the present case. In the facts and circumstances of the present case no ..Category: Criminal Law | Date: | Hits: 362
Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)
....cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......rule under section 115 of the Code of Civil Procedure is directed against the order dated 15.05.1985 passed by the learned Subordinate Judge, 1st Court, Comilla, in Title Suit No.99/65 rejecting an application under section 151 of the Code of Civil Procedure for vacating the order dated 20.09.19..Category: Procedural Law | Date: | Hits: 106
....inable.
In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 19.
......on 23.08.1984 under Order 40, rule 1 read with section 151 of the Civil Procedure Code for appointment of a receiver of the suit property and by an order of even date the learned Munsif allowed the application for appointment of a receiver and appointed the local Chairman as a Receiver of the su..
Category: Procedural Law | Date: | Hits: 139
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....plication, for cancellation of the award dated 11-6-2003, under section 42 read with section 43 of the Arbitration Act 2001, without stating any ground for cancellation, and also prayed for passing a fresh award of Taka 6,28,80,000 in their favour. The purchaser respondent, on 11-10-2003, filed wr......take shelter of the Court under the existing law. The seller appellants received the said notice on 6-8-2002 but did not comply with the same. Thus the purchaser respondent, on 19-11-2002, filed an application before the learned District Judge, Dhaka, under section 12(3)(1)(ka) of the Arbitratio..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....main technically pending during the period When it is open to a party to appeal and until any such appeal (including an appeal to the House of Lords) has been determined. Equally, it seems clear that fresh proceedings will be pending if a jury has failed to agree or if the Court of Appeal has ordere......, Deputy Attorney‑General with Md. Kaiseruddin Ahmed, Deputy Attorney General ‑ For the State. Civil Order No. 7550 of 1991. Judgment ARM Amirul Islam Chowdhury J.- This is an application under Article 108 of the Constitution of the People's Republic of Bangladesh read with s..Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....ppearing for the opposite parties has found it difficult to support the further order of detention extending the previous detention order and admits do the subsequent order is not followed by any fresh ground and also not based on any new materials placed before the detaining authority. ......puty Attorney General with Shah Azizur Rahman, Assistant Attorney General ‑ For Opposite Parties. Criminal Miscellaneous Case No.131 of 1992. Judgment Habibur Rahman Khan J.- This application under section 491 CrPC having been filed a Rule was obtained by Pearu Md. Ferdous Alam K..Category: Criminal Law | Date: | Hits: 156
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
....e the dismissal upon such terms as to costs or otherwise as it thinks fit. True, the plaintiff did not make such application. But there is no provision that unless a suit has been decided on merit, a fresh suit cannot be brought if the same cause of action continues or a new cause of action arises. ......ent and the suit plot was released in favour of the defendant. The defendant is in possession of the suit land althrough. 5. In the said Title Suit No.210 of 1991 the plaintiffs also filed an application for temporary in. junction but the prayer for temporary injunction was rejected by the M..Category: Civil Law | Date: | Hits: 166
Abul Kalam Chowdhury Vs. Mohammad Zulfiqar, 1991, 20 CLC (HCD)
....h centres were held peacefully on 10.2.88 but in two centres, namely, Mirzapur High School Centre and Mirzapur Union Parishad Centre election could not be held and as such it was postponed. There was fresh polling in those two centres on 12.4.88. This time also the election was adjourned at 3‑00 P......pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ..Category: Election Law | Date: | Hits: 240
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589.......esident's Order No.26 of 1972 in support. On the strength of this Article he contended that the provisions regarding termination and dismissal as embodied in sections 17, 18 and 19 of the Act have no application to the workers of a nationalised bank as those am inconsistent with regulations 13, 28 a..Category: Labour and Industrial Law | Date: | Hits: 176
State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)
....sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......ost‑mortem report but he was not examined by the prosecution. It is on record that Court issued several reminders to cause the attendance of the doctor but he did not turn‑up and on 28.9.91 on an application filed by the prosecution admitting the post‑mortem report into evidence, the learned C..Category: Criminal Law | Date: | Hits: 125
Liton Vs. State and others, 1995, 24 CLC (HCD)
.... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ......sistant General ‑ For the Opposite Party No.1. Syed Ziaul Karim, Advocate ‑ For the Party No.2. Criminal Miscellaneous Case No.1884 of 1994. Judgment Md. Gholam Rabbani J.- This is an application under section 561A CrPC by the accused petitioner for quashing criminal case pending aga..Category: Procedural Law | Date: | Hits: 140
Bengal Steel Works Limited Vs. Registrar of Joint Stock Companies and Firms, 1995, 24 CLC (HCD)
....from drawing up this order and submit receipt of the same showing payment. The cost of the application will be borne by the company. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 101.......ry J Bengal Steel Works Limited....................Plaintiff Vs. Registrar of Joint Stock Companies and Firms ..................Respondent Judgment November 23, 1995. Result: The application is allowed. Lawyers Involved: SAM Mahbub Elahi, Advocate ‑ For the petitioner. ..Category: Company Law | Date: | Hits: 358
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