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Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ch sanction from the Commission. Both the subsection (1) and sub-section (2) of the section 32 envisages only one sanction, not two. Sub-section (1) does not spell out or even envisage filling of any fresh sanction when the sanction to prosecute has already been filed along with the charge sheet of ......d Judges issued Rule Nisi as above. It is now settled that a fugitive from Justice is not entitled to obtain a judicial order defying the process of the Court. Besides, the Learned Advocates who move applications for the fugitives shall also have to face the consequence of committing contempt of Cou..Category: Criminal Law | Date: | Hits: 107
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ...... Kader being dead his heirs: Nurun Nahar Begum and others Vs. Abdul Khaleque Choukder and others (1991) 43 DLR (AD)107. In the aforesaid case, it has been held that the appellants’ averments in the application for addition of party setting up an independent title to the land disentitled them to be..Category: Civil Law | Date: | Hits: 186
Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)
....2004 passed by the High Court Division is set aside and the matter is sent on remand to the Bench of the High Court Division presided over by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. ......uthority. 4. Being refused by the concerned Authority in mutating her name in the record in the office of the Assistant Commissioner (Land), Kaliakoir, Gazipur, the respondent petitioner filed an application before the Additional Deputy Commissioner (Revenue), Gazipur for mutation and demarcatio..Category: Property Law | Date: | Hits: 121
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ...... sentence in absentia on 31.8.1995, as stated above. The appellant surrendered before the trial Court on 9.1.1996 and preferred the instant criminal appeal against the said judgment and order with an application for condonation of delay, and subsequently obtained bail from this Court on 27.8.1998. ..Category: Criminal Law | Date: | Hits: 101
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
....ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......Abu Bakar Siddiquee J SM Sabbir Hasan (in Custody)………………….Accused-Petitioner Vs. State ……………………Opposite Party Judgment March 14, 2011. Result: The application for bail is rejected. Case Referred to- 14 MLR 482. Lawyers Involved: Abdul ..Category: Criminal Law | Date: | Hits: 111
Commissioner of Customs, Chittagong Vs. Tectonics and others, 2010, 39 CLC (HCD)
....al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ......plicant. AM Aminuddin with Munshi Moniruzzamah, Advocate - For the Respondent No.1. Rule No. 2(CA) of 2008. (Arising out of Customs Appeal No.17 of 2007). Judgment Zinat Ara J.- On an application under section 5 of the Limitation Act made by the Commissioner of Customs, Chittagong, a..Category: Procedural Law | Date: | Hits: 111
....t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......rvice of the defendant No.1 which was communicated to the plaintiff by their office letter dated 5-7-1994; that the plaintiff thereafter filed an appeal before the authority and also submitted an application to the Managing Director of the bank on 11-7-1994 requesting him not to initiate any fur..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......dge of the Adalat directed to publish the auction sale notice by order dated 29-11-2007 in the daily newspaper under section 33(1) of the Ain but no one participated in the auction. Eventually, on an application filed by the Bank for issuance of title under section 33(7) of the Ain, the learned Judg..Category: Civil Law | Date: | Hits: 269
.... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459.......n the said camp. The Sector Commander then had talks with the Platoon Commander and thereafter left the outpost.
4. The petitioner in Writ petition No.438 of 1986 also said the same thing in his application.
5. The petitioner in Writ petition No.452 of 1986 stated that when the Sector Comman..
Category: Others | Date: | Hits: 167
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
.... a Misc. case for further investigation. He did it, but the Hon'ble High Court rejected his application summarily. In the result of further investigation when the Investigating Agency submitted fresh (supplementary) charge sheet he once again was allowed to go on bail on his prayer to move the......the Criminal Revision No.137 of 1985 before the Rangpur Bench of the High Court Division u/s 561A Cr.P.C. for quashing the Criminal Proceedings. The Division Bench at Rangpur summarily rejected the application on 18.11.85. After being released on ad interim bail the accused continued to abscond fr..Category: Criminal Law | Date: | Hits: 108
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......uha, Advocate - For the Petitioner. Matiar Rahman Khan, Advocate - For the Opposite Party No.1. Civil Revision No. 122 of 1985. Judgment DM Ansaruddin Ahmed J.- This Rule issued on an application under section 115 of the Code of Civil Procedure at the instance of the plaintiff is dir..Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....een the same parties, over the same holding, both the parties examined witnesses in detail in support of their respective claim and there would be nothing more to say and a remand can not be made for fresh evidence when there are evidence on record in a suit between the same parties over the same ......Serajur Rahman Advocates - For Opposite Parties (In all the cases). Civil Revision Nos.471 of 1987, 561 of 1987 and 938 of 1986. Judgment Anwarul Hoque Chowdhury J.- These Civil Revisional applications being Revision Nos.471 of 1987; 561 of 1987 1986 have been heard one after another. ..Category: Property Law | Date: | Hits: 88
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
.... of Union Parishad can be held in urban areas. So the inhabitants of the aforesaid 6 Union Parishads have been practically rendered franchiseless. They are excluded from Pourashava election and the fresh election of 6 Union Parishads on 10.2.88 is illegal. He further submits that if those area......etition has been filed in this Court which is pending for hearing. Challenging the above notifications dated 24.10.88 and 12.12.88, vide Annexures E and H respectively, the petitioner moved this writ application before this Court and obtained the present Rule. 4. An affidavit-in-opposition has be..Category: Property Law | Date: | Hits: 108
....lt all the three appeals are dismissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
......at Khulna against Adamjee Insurance Co. Ltd. and Eastern Federal Union Insurance Co. Ltd. respectively for passing a judgment in terms of the award under section 17 of the Arbitration Act. On the application of the Insurance Companies the three suits pending in the District Courts at Dhaka and K..
Category: Business or Commercial Law | Date: | Hits: 290
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
....the hostile attitudes are likely to be reflected. The action of the abductors may also spring from some old or ancient grudge, enmity or hatred or the abduction might have been the result of some fresh quarrel, altercation, assaults, etc., the sore of which has not yet been dried out. Without ......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ..Category: Criminal Law | Date: | Hits: 141
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......re the District Judge which was dismissed by the learned Judge by affirming the findings of fact arrived at by the learned Munsif. Being aggrieved the defendant petitioner has filed this revisional application before this Court and obtained the aforesaid rule. 6. Mr. M. A. Mannan, the learned A..Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......he petitioner from the office of Chairman of Mithapukur Upazila Parishad should not be declared illegal and to have been made without any lawful authority and is of no legal effect. 2. In the Writ application filed under Article 102 of the Constitution of People's Republic of Bangladesh Md. Emdad..Category: Others | Date: | Hits: 175
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
....r deducting the votes given after such notice from the total number of votes given for the disqualified candidate he remains in a majority, the minority candidate cannot be seated and there must be a fresh election." This question has also been fully discussed in Re: Bristol South-East Parliament...... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ..Category: Election Law | Date: | Hits: 187
National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
....atter. Therefore, we do not find any ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103....... 2. The plaintiff-opposite party filed the aforesaid Title Suit for a declaration that the plaintiff is the sponsor Director of National Bank Ltd., the defendant No.1 (petitioner in the present application) and that he is entitled to be a shareholder of the said company on payment of his requi..Category: Business or Commercial Law | Date: | Hits: 282
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....hittagong where the detenu was transferred on 18.12.88, but the petitioner waiting in the jail gate was informed that the detenu could not be released without clearance of the superior authority. A fresh order of detention by Memo No.13421-Sha-Ma (Nira-1) dated 20.12.88 was served upon the detenu ......judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ..Category: Criminal Law | Date: | Hits: 107
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