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Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)

....e is remanded back to the Tribu­nal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191....... to who had been elected. Such re­sults need not be set aside unless authorised by law. That the result of the election had been materially affected is to be determined on scrutiny and in strict-application, of elec­tion laws and such result should not be set aside on any artificial ground. Se..

Category: Election Law | Date: | Hits: 163

Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)

....wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ...... by the learned District Judge, Bogra in Civil Revision No.98 of 2006 reversing the order dated 27.07.2006 passed by the learned Senior Assistant Judge, Bogra in Other Suit No.300 of 2000 allowing an application under Order VI Rule 17 of the Code of Civil Procedure. 2. The facts, leading to..

Category: Procedural Law | Date: | Hits: 100

M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)

....ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......General & Sharmina Huq, Assistant Attorney-General - For the Opposite Parties. Criminal Miscellaneous Case No.14333 of 2008. Judgment Md. Delwar Hossain J.- This Rule was issued upon an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to ..

Category: Criminal Law | Date: | Hits: 86

Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)

....t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......AM Mahbub Uddin, Advocate - For the Petitioner. W Aziz Khan, Advocate - For the Opposite Party No.2. Criminal Miscellaneous Case No.14333 of 2008. Judgment Khondker Musa Khaled J.- On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon ..

Category: Criminal Law | Date: | Hits: 61

Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)

....usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ......dvocate - For the Petitioner. SM Shahjahan, with Md. Shafiqur Rahman, Advocates - For Opposite Party No.1. Criminal Miscellaneous Case No.12635 of 2008. Judgment Md. Rezaul Hasan J.- This application under section 561A of the Code of Criminal Procedure (CrPC), has been filed seeking quas..

Category: Criminal Law | Date: | Hits: 86

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 71. ......: Manzil Murshid Advocate-For the Petitioners. Razik-al-Jalil, Deputy Attorney-General-For the Respondents. Writ Petition No. 9329 of 2008. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nis..

Category: Constitutional Law | Date: | Hits: 211

Momena Khatun and oth­ers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)

....lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......lice Station. Officer-in-Charge, Shyampur Police Station submitted report. Thereafter, plaintiff applied to the Officer-in-Charge, Shyampur Police Station for posting 10 Ansars with fire arms and the application ultimately was allowed by the Commissioner of Metropolitan of Police vide memo dated 19-..

Category: Property Law | Date: | Hits: 78

Hanif Shaikh (Md) Vs. Government of Bangla­desh and others, 2004, 33 CLC (HCD)

....e do not find any mala fide in the mistake referred to above occurred in the issue of the newspaper published on 26‑3‑2002. Further, it appears that in the second show cause notice (Annexure C) a fresh allegation of non‑compliance of section 26 of the Act has been made, which also has been den......without lawful authority and of no legal effect. The Rule has been opposed, but no affidavit-in-opposition has been filed. 2. Learned Advocate appearing for the petitioner taking us through the application and the Annexure thereto, submitted that the newspaper "Dainik Uttarbanga Barta" is the ..

Category: Information Technology Law | Date: | Hits: 282

AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)

....examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......owing the aforesaid decisions we hold that the Additional District Judge has rightly exercised the functions of the District Judge and as such, he acted within jurisdiction. Accordingly, we find this application is not maintainable as there is a provision for appeal against the impugned order availa..

Category: Trust/Waqf Law | Date: | Hits: 153

Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)

....ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ...... Sheikh Abdul Awal, Deputy Attorney General with SM Aminul Islam, Advocate ‑ For the Opposite Party. Criminal Miscellaneous Case No. 11666 of 2003. Judgment SM Dastagir Husain J. - This application under section 561A of the Code of Criminal Procedure at the instance of the accused peti..

Category: Criminal Law | Date: | Hits: 70

Chairman, Uttara Manage­ment Ltd. and others Vs. Chairman, Labour Court, Rajshahi and another, 2004, 33 CLC (HCD)

....excess of its jurisdiction. Therefore, there is no merit in this Rule. The Rule is accordingly, discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 627. ......established. His service record was also found to be unsatisfactory and, as such, he was dismissed from service, in a lawful manner by the order dated 16‑4‑1997. The petitioner No. 3 by filing an application raised objection with regard to territorial jurisdiction of Rajshahi Labour Court to ent..

Category: Labour and Industrial Law | Date: | Hits: 188

Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)

.... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622.......nt one as per law. 4. As against this, the learned Deputy Attorney General opposes the Rule contending, inter alia, that one of the petitioners, namely, Tareq Shamsul Khan alias Himu only moved as application under section 344 of the Code of Criminal Procedure before the teamed trial Court, but o..

Category: Criminal Law | Date: | Hits: 71

Wazir Jahan Begum and another Vs. Government of Bangla­desh and others, 2003, 32 CLC (HCD)

....a Akhtar & others reported in 49 DLR (AD) 80. In view of our observations and findings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621.......passed without lawful authority and is of no legal effect and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Heard the Learned Advocates and perused the application. Mr. Md. Tofazzal Hossain, the learned Advocate appearing for the petitioners, submits t..

Category: Civil Law | Date: | Hits: 81

Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)

....her witness summon was at all served on the witness concerned and if summon be not served or served but the witness remained absent willingly, question of next procedural step whether for issuance of fresh summons or for issuance of witness warrant would arise for consideration by the Court. Before ......ed order of acquittal will stand as a positive bar for fresh complaint in the matter by complainant and, as such, impugned order seriously prejudiced the complainant undoubtedly. Above decision finds application in the present case. 17. Next decision as cited on behalf of appellant is the case of..

Category: Procedural Law | Date: | Hits: 73

Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)

....vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612....... AJM Mohammad Ali, Additional Attorney General- for the Opposite Party. Civil Revision No. 4901 of 2003. Judgment Md. Abdur Rashid J. - Decree holder obtained the Rule upon making a revision application under section 115 of the Code of Civil Procedure against an order dated 13‑10‑03 pas..

Category: Procedural Law | Date: | Hits: 54

Abdul Motaleb Howlader alias Chan Miah Vs. Judge, Artha Rin Adalat No.1, Pirojpur and others, 2011, 40 CLC (HCD)

.... discharged, however, without any order as to costs. Communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ...... Civil Procedure Code was applicable in an execution case filed for execution of an Artha Rin Decree. Article 182 (5) of the Limitation Act provides three years period of limitation for filing a next application for execution and the period would be computed from the final order passed in the earlie..

Category: Civil Law | Date: | Hits: 107

Arun Kumar Sutradhar and another Vs. The Joint District Judge, Artha Rin Adalat Comilla and another, 2010, 39 CLC (HCD)

....xecution Case, no subsequent step whatsoever was taken to sell the remaining portion of the mortgaged property. Under the circumstances, we hold that the decree holder bank was required to take step afresh for selling the mortgaged property after amendment of the schedule of the execution case, fail...... part by his judgment and order dated 24.1.2001 releasing a portion of the attached property (vide annexe:B-1 to the writ petition). The decree-holder bank after taking several adjournments, filed an application for amendment of the execution case on 25.7.2002, which the executing Court allowed on 6..

Category: Civil Law | Date: | Hits: 80

Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......gum, Assistant Attorney General-For opposite party No.1. Civil Revision No. 5982 of 2007. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-appellant was issued on an application under section 115 (1) of the Code of Civil Procedure to examine the legality of judgment..

Category: Property Law | Date: | Hits: 78

Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)

....sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......986 passed by the Upazila Magistrate, Bhahubal, Habiganj in Miscellaneous Case No.112 of 1986. 2. Facts relevant for disposal of the Rule, in brief, are that the petitioner as first party filed an application under section 144 of the Code of Criminal Procedure (subsequently converted to a proceed..

Category: Property Law | Date: | Hits: 53

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

..... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ...... settle the property elsewhere, thus the cause of action for filing the present suit arose. 8. The Secretary, Ministry of Housing and Public Works as defendant No.1 entered appearance and filed an application under Order VII rule 11 of the Code of Civil Procedure for rejection of the plaint on th..

Category: Property Law | Date: | Hits: 78