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Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)
....f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ...... received the case record on 14.7.87 but as the trial of the case was not concluded within the time specified in section 339C of the Code of Criminal Procedure, the petitioners, on 4.9.88, filed an application to stop further proceeding of the trial and to release the accused petitioners. This a..Category: Procedural Law | Date: | Hits: 112
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
....d are hereby set aside. The case is sent back on remand to the trial Court for trial of the suit by a proper Court having pecuniary jurisdiction as was in the year 1984 as if the suit has been filed afresh there and shall proceed in accordance with law. In the result the Rule is disposed of with ......diction to try the suit, since as it was disclosed by P.W.1 in his evidence that the valuation of the suit property would be Taka 25,000.00 or Taka 30,000.00. It also appears that the plaintiff by an application prayed for enhancement of the suit valuation at Taka 3350.00 instead of Taka 1700.00 whi..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......ed, Assistant Attorney‑General - For the Petitioner. Azizul Hoq, Advocate ‑ For the Opposite Party. Civil Revision No.1608 of 1992. Judgment Syed JR Mudassir Husain J.- This Revision application under section 115 of the Code of Civil Procedure is directed against the Judgment and de..Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......s the Public Prosecutor who represents the State as provided under section 265A of the Code of Criminal Procedure. In such cases, the role of an investigation Officer is that of a witness. If such an application is to be filed it ought to have been filed through the learned Public Prosecutor. But it..Category: Criminal Law | Date: | Hits: 99
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
....of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......ice of the concerned Magistrate and order stopping further investigation and releasing the accused persons passed on 3.4.90 or thereafter then prosecution could have got the case revived by filing an application to the District Magistrate. Law did not provide for automatic stopping of further invest..Category: Criminal Law | Date: | Hits: 82
Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)
.... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146.......he case cannot be said to have been stopped under section 339C of the Code of Criminal Procedure and the provisions of section 8(a) of the Criminal Law Amendment (Amendment) Act 1987 had no matter of application in the case and the order dated 4.11.89 was illegal and as such revival of the case on 1..Category: Procedural Law | Date: | Hits: 99
.... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
......espondent No.2.
Writ Petition No. 1087 of 1994.
Judgment
Habibur Rahman Khan J.- The matter could not be taken up for hearing on merit on the date fixed on 4.6.95 as the petitioner filed an application for referring the matter to the Hon’ble Chief Justice for constitution of larger Bench..
Category: Procedural Law | Date: | Hits: 136
Sultan Ahmed alias Sentu Vs. State, 1994, 23 CLC (HCD)
.... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143.......nizance. The learned Advocate for the informant‑opposite party could not refute the position of law but so far as the observation of the learned Magistrate in his order against which the revisional application is made before the learned Sessions Judge is concern, there is obvious illegality in the..Category: Criminal Law | Date: | Hits: 92
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
...., the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141.......udgment Abu Sayeed Ahammed J.- The revision calls in question the propriety of the order dated 2.11.92 passed by the Senior Assistant Judge, Cox’s Bazar in Other Suit No.182 of 1975 allowing an application for correction of the plaint and the decree passed on 15.12.83, by inserting the names o..Category: Procedural Law | Date: | Hits: 124
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......id Abdul Latif, with 0.17 acres land of the opposite party 1 Baser Pramanik affixing the price of each piece of land at Taka 2000.00 only. The pre‑emptor (opposite party 1 in the present revisional application) Golapjan, widow of said Abdul Latif and mother of opposite party 2 Alauddin filed the p..Category: Property Law | Date: | Hits: 89
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......so in existence in the United States Presidential election law. 8. There are the sum and substance of the contention of the learned Advocates before this Court as narrated above. In the instant applications the allegations basically had been that the impugned legislation which narrated the pro..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......Abdul Majid, Advocate- For the Opposite Party No.1. Civil Revision No.1610 of 1980. Judgment Muhammad Ansar Ali J.-This Rule issued at the instance of the defendant petitioner in an application under section 25 of the Small Cause Courts Act is directed against the judgment and decr..Category: Civil Law | Date: | Hits: 140
Mahbubur Rahman Vs. State, 1992, 21 CLC (HCD)
....lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ...... Ebadul Hoque J Mahbubur Rahman ..................Petitioner Vs. The State ................Opposite Party Judgment February 12, 1992. Result: The revisional application is allowed and the Rule made absolute. Case Referred to- Bangladesh Vs. Tan ..Category: Criminal Law | Date: | Hits: 78
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
....xure‑G to the petition) that there was no scope for according permission under section 64 of the Ordinance to file a case for alleged unfair labour practices, the reopening of the issue without any fresh ground or notice to the petitioner on unsigned 5 points allegations, which is different from t......te ‑ For the Respondent No.4. Fakhrul Islam, Assistant Attorney General ‑ For Respondent Nos. 1 & 5. Writ Petition No.1781 of 1990. Judgment Md. Badruzzaman J.- On an application under Article 102 of the Constitution of the People’s Republic of Bangladesh, a Rule N..Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......orney General, Sharifuddin Chaklader Assistant Attorney General and Abdul Latif, Advocate ‑ For the State. Criminal Revision No. 644 of 1992. Judgment Habibur Rabman Khan J.- This application under section 561A of the Code of Criminal Procedure moved at the instance of the accuse..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
.... below are set aside and the suit sent back on remand to the trial Court for holding trial in the light of observation made above. Parties are given liberty to have their pleadings amended but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower C......sion of the trial Court and dismissed the appeal. Now being dissatisfied with the decision of the appellate-Court defendant petitioner moved the Revisional Jurisdiction of this Court by filing an application under section 115(1) of the Code of Civil Procedure and obtained the present Rule. 5...Category: Property Law | Date: | Hits: 134
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....titioner) as to the welfare of the child. Accordingly he rejected the application by his order dated 30.6.87. After the disposal of the above Criminal Misc. Case No. 1441/87 the complainant moved a fresh application before the Chief Metropolitan Magistrate, Dhaka for production of her minor son in......on 100 of the Code of Criminal Procedure. 3. The petitioner appeared before the Chief Metropolitan Magistrate, Dhaka on 17.6.87 and he was admitted to bail. On 21.7.87 the complainant submitted an application before the Chief Metropolitan Magistrate, Dhaka praying for directing the petitioner..Category: Family Law | Date: | Hits: 255
Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)
....tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338.......ahman J Zakir Ahmed J Shamsur Rahman alias Shamsu Moral and another…………Petitioners (In jail) Vs. State………..Opposite Party Judgment February 12, 1998. Result: The application is rejected. Lawyers Involved: Not Represented – the Petitioner. Not Represen..Category: Criminal Law | Date: | Hits: 91
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....sting parties to the suit. In the aforesaid case our Appellate Division has held that: “It is well settled that the Court is not at all precluded from considering the report of the commissioner afresh again in the light of such fresh materials as may be legally brought in the record by the part......orm, that there is no prima facie and arguable case for the plaintiff for a decree of mandatory and prohibited injunction, etc. 3. During pendency of the suit the plaintiff opposite party filed an application on 28-8-1990 for local investigation in the Suit property. In the application the plaint..Category: Civil Law | Date: | Hits: 122
Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)
....n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......ziz J Hyundai Corporation…………..Petitioner Vs. Deputy Commissioner of Taxes, Dhaka and another………………..Respondent Judgment March 11, 1999. Result: The reference applications are accepted. Lawyers Involved: Kazi Abdul Gofran with Alimuzzaman Chowdhury and..Category: Fiscal/Taxation Law | Date: | Hits: 254
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