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Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
....47 of 1985. It is gathered from the records that this suit was decreed on contest. On appeal the judgment of the trial Court was reversed and the case was sent back on remand to the trial Court for a fresh trial in accordance with law and in the light of the observations made in the body of the judg......ng necessary steps. On 20-7-86 the plaintiffs failed to show cause following which the suit was dismissed for default. Against the aforesaid order of dismissal the plaintiff-opposite parties filed an application under Order 9 rule 9 read with section 151 of the Code of Civil Procedure praying for se..Category: Procedural Law | Date: | Hits: 87
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
....ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......the informant along with one Wahidul Islam to the police station and were present at the time of lodging the First Information Report. There is also nothing to show except the allegations made in the application before us that petitioner’s defeated rival Mohammad Ferodus is an activist of the ruli..Category: Criminal Law | Date: | Hits: 93
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....llenging the Rule having opposed the Rule we directed him to produce the concerned file for our inspection. After producing the file today learned Assistant Attorney-General refrained from making any fresh submission in support of his opposition to the Rule. 4. By order dated 4-5-98 District Magi......f 98. But instead of releasing the detenu on the basis of the said order he was served with the order of detention dated 4-5-98. Being aggrieved by the same his elder brother moved this Court with an application under section 491 of the Code of Criminal Procedure and obtained the present Rule. From ..Category: Criminal Law | Date: | Hits: 72
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
.... of filing the criminal cases was not raised in the revisional applications as ground for setting aside or quashing the orders dated 2-4-97 of CMM. In their application dated 10-5-97 1st party raised fresh grounds to the effect that neither the Commission nor any duly authorised officer filed the ca......edule of the said Code did not authorise him to issue warrant of arrest in a case where the maximum punishment is less than five years of imprisonment. Thereafter on 10-5-97 the accused persons filed applications to the learned Sessions Judge raising additional ground of illegality regarding the aut..Category: Business or Commercial Law | Date: | Hits: 219
Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
....n immediately on completion of the enquiry". No reply was ever sent by the Port Authority. The High Court Division considered that the defendant No.3 not having intimated the result of the enquiry, a fresh case of action has arisen in favour of the plaintiffs and on the basis of the fresh cause of a......nstruction of the sections may not necessarily be taken as approved. In the result therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364...Category: Civil Law | Date: | Hits: 112
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......ng in this case is no finding for which protection against judicial examination can be claimed and the order which proceeded thereon is equally liable to interference". This decision has no manner of application in the present case and the reliance by the High Court Division on this decision was tot..Category: Employment/Service Law | Date: | Hits: 196
....t dues for his existing land in different Khatians. On this application an order was passed by the Certificate Officer on 21-6-1973 directing the Tahsilder concerned for filing revised certificate on fresh assessment of correct rental dues, after amalgamation and consolidation of the lands in di...... of Ruhul Islam, J.
Ruhul Islam, J.- This appeal by special leave which arises out of a pre-emption proceeding under section 24 of the Non-Agricultural Tenancy Act, 1949. The respondents filed application under section 24 of the Non-Agricultural Tenancy Act, 1949 for pre-emption of the auct..
Category: Property Law | Date: | Hits: 128
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......y-General - For the Opposite Party No.1. Md. Khurshid Alam Khan, Advocate - For the Opposite Party No.2. Criminal Miscellaneous Case No.12723 of 2008. Judgment AKM Fazlur Rahman J.- On an application under section 561A of the Code of Criminal Procedure filed by accused-petitioner Md. Nas..Category: Criminal Law | Date: | Hits: 230
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......vocates - For Petitioners. Bashir Ahmed, Assistant Attorney General - For the Opposite Party No.2. Criminal Miscellaneous Case No.11530 of 2009. Judgment AKM Asaduzzaman J.- On an application under section 561A of the Code of Criminal Procedure this rule was issued calling upon t..Category: Labour and Industrial Law | Date: | Hits: 201
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......ttorney-General and Md. Zakir Hossain Ripon, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No.4028 of 2007. Judgment Md. Shamsul Huda J.- This rule was issued on an application under section 561A of Code of Criminal Procedure being preferred by the accused petition..Category: Criminal Law | Date: | Hits: 132
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
....t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ...... cases filed by the respondent Nos. 2 to 22. We find no illegality in the impugned judgment passed by the respondent No.1 calling for any interference by us. Hence we do not find any substance in the application and as such it must fail. 17. In the result, the Rule is discharged without any order..Category: Labour and Industrial Law | Date: | Hits: 281
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....sion-4, Chittagong by his letter dated 20-7-1986 cancelled the price list submitted by the petitioner’s Company in form-D and duly approved by him earlier and asked the petitioner company to submit fresh declaration of prices in respect of the said product in Form-D for his approval. Thereafter, t.......40 by way of excise duty from the petitioner’s Company within 1(one) month. Being threatened that the petitioner Company may be closed down, they issued demand of justice notice and then filed the application under Article 102 of the Constitution of the People’s Republic of Bangladesh and obtai..Category: Fiscal/Taxation Law | Date: | Hits: 169
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390....... of section Officer (Protocol) by the impugned order dated 1-4-95. Being aggrieved by the aforesaid impugned order dated 1-4-1995 contained in Annexure –I to the petition, the petitioner filed this application and obtained the present Rule. 3. It appears from the record that the petitioner join..Category: Employment/Service Law | Date: | Hits: 184
..... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......on clause guarantees that similar individuals will be dealt with in a similar manner by the government. It does not reject the Government’s ability to classify persons or draw lines in creation and application of laws, but it does guarantee that those classifications will not be based upon impermi..
Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ......nable. He also submits that the petitioner himself having accepted the assignment in the Ministry of Foreign Affairs he has no reason no move this petition after long lapse of time and, as such, this application also suffers from inordinate delay. He also submits that this petition is also hit by Ar..Category: Employment/Service Law | Date: | Hits: 244
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
....Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329......., 1971, and the 28th day of February, 1972, is an act done in connection with national liberation struggle or for maintenance or restoration or order, apply to the Court and upon submission of such application the Court shall not proceed further with the case, which shall be deemed to be withdrawn..Category: Criminal Law | Date: | Hits: 82
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
....is the father of the plaintiff respondent. The said executor presented the will for probate in 1945 in Civil Suit No.8 of 1945. The suit was, however, withdrawn on June 8, 1946 with liberty to file a fresh petition for probate which was never filed by the executor who died leaving behind the plainti......dent succeeded to all the rights and benefits under the will. Other sons and heirs of the executor had no objection to the granting of Letters of Administration to plaintiff-respondent. 3. The application for probate was contested by the testator's brother's sons, Dhirendra Lal Das, Binode Be..Category: Property Law | Date: | Hits: 80
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
.... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310.......The defendant contended that the suit is bad for defect of parties and the complicated question of title is also involved which cannot be tried by the Court of Small Causes. The defendant filed and application under section 28A of the S.C.C. Act before the District Judge for withdrawal of the suit..Category: Property Law | Date: | Hits: 113
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ...... of willful refusal of the petitioner to grant further loan by extending limit already sanctioned at a time when the respondents were in further need of financial assistance. The petitioner filed the application challenging the maintainability of the counter‑claim of the respondents mainly on two ..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......is shown in the said SRO. 5. Facts are almost similar in WP Nos. 802, 803 and 838 of 1990. 6. Being distressed by the imposition of excise duty by the notifications the petitioners filed review applications before the respondent stating that imposition of excise duty on the strength of the SRO..Category: Fiscal/Taxation Law | Date: | Hits: 199
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