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Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)

....tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ......tor No.2. On deposit of the said dccreetal amount by respon­dent No.2, the executing Court disposed of the execution case on full satisfaction. Thereafter, the decree-holder-respondent No.1 filed an application before the execu­tion Court on 25.01.2007 for delivery of possession of the mortgaged p..

Category: Civil Law | Date: | Hits: 108

Shariful Islam Vs. Billal Hossain and the State, 1992, 21 CLC (HCD)

.... If during trial it transpires that charge ought to have been framed under a higher section of the Penal Code or a change in the charge is necessary then the trial Court may take any step for framing fresh charge and proceed with the trial. Here in this case, on consideration of the materials on rec...... particular section of the Penal Code. Considering the case of the respective parties the learned Sessions Judge may direct for further enquiry but he cannot form his own opinion in such a revisional application and direct the trial Court to frame charge under a particular section of the Penal Code...

Category: Criminal Law | Date: | Hits: 67

Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)

....trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......ed by the Subordinate Judge, Netrakona in Misc. Appeal No. 89 of 1984 affirming those of the learned Munsif, Kendua Upazila dated 23.8.84 in Misc. Case No.115 of 1984. 2. Opposite parties filed an application under Order 39, rr. 1 and 2 CPC in Title Suit No.358 of 1981 which was instituted for pe..

Category: Criminal Law | Date: | Hits: 90

Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)

....ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ......e amount under the award. 5. On filing the award by the Arbitrator to make the award Rule of the Court, Title Suit No.321 of 1990 of the Court of Subordinate Judge was started. The appellant by an application prayed for making the award Rule of the Court. The respondent, on the other hand, filed ..

Category: Alternative Dispute Resolution | Date: | Hits: 156

Inspector of Schools, Board of Secondary and Higher Secondary Education, Dhaka and others Vs. Managing Committee, Khashmahal Balurchar High School and others, 2003, 32 CLC (HCD)

....sion of the said section has clearly debarred the jurisdiction of the Civil Court, I respectfully agree with the principle of law enunciated in the said case. And I do not feel it necessary to make a fresh exercise to decide the question as to whether the civil Court has got jurisdiction in calling ......tee of the school should not be dissolved for wilfully flouting the order of the Board for reinstating defendant No.6 in his post as Headmaster of Khashmahal Baluchar High School. In the said suit an application was filed by the defendant petitioners under Order VII rule 11 of the Code of Civil Proc..

Category: Employment/Service Law | Date: | Hits: 66

Khorshed Alam (Md.) Vs. Government of the Peo­ple's Republic of Bangla­desh represented by the Secretary, Ministry of Home Affairs, 2004, 33 CLC (HCD)

....detention of the person concerned for such period as it thinks fit on the recommendation of the Advisory Board. Under section 3(1) of the Special Powers Act, 1974 the Government is authorised to pass fresh order of detention subject to its satisfaction that such detention is necessary to prevent com......ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 57 DLR (2005) 32...

Category: Criminal Law | Date: | Hits: 64

AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)

....e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29.  ......s Rule at the instance of the defendant-petitioners is directed against the order dated 20‑9-­1990 passed by the learned Assistant Judge, 5th Court, Dhaka in Title Suit No.80 of 1998 rejecting the application filed by defendant-petitioners for fixing valuation of the suit property after holding a..

Category: Civil Law | Date: | Hits: 68

Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)

.... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ......D) 201. 6. We have perused the principles laid down in the cited cases. As regards the case reported in 17 DLR (SC) 209 we do not find that the principles laid down in that case have any manner of application in the present cases. The learned Advocate invited our attention to the principle of "re..

Category: Civil Law | Date: | Hits: 79

Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)

....rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ...... for the purpose of disposal of this Rule are stated herein below: 3. The accused-petitioners namely, Abdul Rahman Dhali, Emdadul Huq Afsar, Md. Ahsanullah Khan and Md. Nurul Islam Maloni filed an application to the higher authority of the concerned Food Department, Barisal alleging, inter alia, ..

Category: Criminal Law | Date: | Hits: 85

Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)

....ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ......assed LLB (Hon’s) Examination held in 2000 and obtained Second Class First position securing 59.44% marks but he got only 32 marks in one paper, namely, the Administrative Law, as such, he filed an application before the Vice Chancellor of the University on 24-­10‑2000 praying for re‑examinat..

Category: Others | Date: | Hits: 157

Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)

....r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......ated 7‑11‑1940 by which they claim title to the disputed land. They further claimed that Other Class Suit No. 133/41 had been decreed ex parte on 4‑5‑1942, Aforementioned Abdul Jalil filed an application under section 151 of the Code of Civil Procedure for starting, inquiry to decide upon a ..

Category: Criminal Law | Date: | Hits: 62

Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)

....he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ......neral Secretary and member were not the employees of the petitioner as they were dismissed or terminated workers. We find the reply of the Registrar in Annexure-D wherein the Registrar considered the application of the present petitioner for taking steps against the Trade Union (respondent No. 2). I..

Category: Labour and Industrial Law | Date: | Hits: 158

Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)

....o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......ions cited above very much apply to this case. Hence the contention of the learned Advocate for the appellant on his second point also miserably fails. 12. Now, in this appeal during arguments, an application on behalf of the accused appellant has been filed by his learned Advocate for admitting ..

Category: Criminal Law | Date: | Hits: 92

Afzal Hossain Vs. Chief Election Commis­sioner and others, 1992, 21 CLC (HCD)

.... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ......Commissioner, AIR 1978 (SC) 851. Lawyers Involved: NH Khandkar with KMS Hasan, Advocates - For the Petitioner. Writ Petition No. 4040 of 1992. Judgment Anwarul Hoque Chowdhury J.- This application under Article 102 of the Constitution of the People's Republic of Bangladesh is directed..

Category: Election Law | Date: | Hits: 153

Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangla­desh and others, 2004, 33 CLC (HCD)

....om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ...... the above noted decisions, the learned Assistant Attorney-General submits that the petitioner being a retired member of the Air Force, a disciplined force of Bangladesh, he cannot at all maintain an application under Article 102 of the Constitution, as such, this writ petition itself is misconceive..

Category: Employment/Service Law | Date: | Hits: 148

Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)

.... Tribunal while found the present petitioner disqualified to be a candidate ought to have set aside the election of the Chairman of No. 15 North Ichapur Union Parishad as a whole and passed order for fresh election. Mr. Fazlul Karim has rightly referred the case of Ahsanur Rahman Vs. Akkel Molla and...... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ..

Category: Election Law | Date: | Hits: 156

Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)

....ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......Lawyers Involved: Raisuddin Ahmed, Advocate ‑ For the Petitioner. Md. Ibrahim Mollah, Advocate ‑ For the Respondent. Company Matter No. 131 of 1999. Judgment Md. Awlad Ali J.- This application under sections 241 and 242 of the Companies Act, 1994 has been made by the petitioner Am..

Category: Company Law | Date: | Hits: 168

KM Fazlul Haque Vs. Chairman, Bangladesh Agricultural Development Corporation and another, 1996, 25 CLC (HCD)

....tainable, we do not think it is necessary to consider other grounds. In the result, the Rule is discharged with no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 27. ......71,680/13 being the price of misappropriated fertilizer within 7 days from the date of issuance of the said order (Annexure‑D). On receipt of the above Memo dated 9‑3‑81 the petitioner filed an application explaining the reasons for shortage of fertilizer and further requested the authority to..

Category: Criminal Law | Date: | Hits: 78

Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)

.... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ......ively. 5. Being aggrieved by this judgment and decree passed by the learned Additional District Judge, the defendant No.2 Commander (Retd) A A Chowdhury, as a petitioner, has filed this revisional application in this Court and obtained the present Rule. 6. It appears that admittedly, the plain..

Category: Property Law | Date: | Hits: 65

Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)

....in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ......n order dated 21‑10‑95 passed by the Additional District Judge, 1st Court, Sylhet in Miscellaneous Appeal No.2 of 1994 affirming those dated 12-10-93 of the Deputy Administrator of Waqf, Dhaka on application under section 50 of the said Ordinance. 2. The appellant filed an Application section..

Category: Trust/Waqf Law | Date: | Hits: 165