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Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
.... 1986 to the learned District Judge, Barisal. The appeal was, on transfer, heard by the learned Subordinate Judge of that place. He reversed the decision and sent back the case to the Trial Court for fresh decision. It is against this order the contesting defendant has obtained the present rule. ...... Dhaka, contending, inter alia, that the suit was barred under sections 19 and 25(b) of the Employment of Labour (Standing Orders) Act. During the hearing of the suit the defendant, however, filed an application praying for dismissal of the suit on the ground that the suit being in the nature of rel..Category: Employment/Service Law | Date: | Hits: 64
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
.... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187.......tted that for his tin shed in question there was no sanction and he was prepared to obtain sanction for the same on payment of ten times of the required fee and fine imposed but he did not submit any application for such sanction of any plan for his tin shed in question. In the above facts and circu..Category: Property Law | Date: | Hits: 77
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ...... Habibullah, Advocate ‑ For the Opposite Party No.1. Criminal Revision No.235 of 1985. Judgment Muhammad Ansar Ali J.- This Rule at the instance of accused petitioner Mrs. Sigma Huda in an application under section 561A of the Code of Criminal Procedure was issued upon the Deputy Commissi..Category: Family Law | Date: | Hits: 191
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127.......der passed on 26.10.79 by the Subordinate Judge, Sylhet, in Misc. Appeal No.181 of 1977, affirming the order dated 18.3.77 of the Munsif, Second Court, Sylhet, in Misc. Case No.148 of 73, allowing an application for pre‑emption under section 96 of the State Acquisition and Tenancy Act, should not ..Category: Property Law | Date: | Hits: 72
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.......dvocate ‑ For the Petitioner. Md. Hannan with M. Khaled Ahmed, AK Ali, Advocates ‑ For the Opposite Party. Civil Revision No. 826 of 1989. Judgment Mahfuzur Rahman J.- This revisional application under section 115 of the Code of Civil Procedure at the instance of the defendant in Tit..Category: Property Law | Date: | Hits: 79
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....n and the voters were duly notified before the date of election. 5. The Election Tribunal, on consideration of the materials on record, declared that the election as whole was void and ordered for fresh election in all the centres, on the grounds, firstly, that as both the election petitioner and......he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ..Category: Election Law | Date: | Hits: 129
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....rge was framed on 27.7.91 and on that date warrant of arrest against the witnesses except the P.W.1 was issued as none appeared in the Court. Thereafter on 19.8.91 P.W.1 Md. Abed Ali was examined and fresh warrant of arrest was issued against the remaining witnesses. Thereafter on 8.9.91 again warra......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ..Category: Criminal Law | Date: | Hits: 75
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
.... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115.......yers Involved: Rafiqul Huq, Advocate ‑ For the Applicant. Md. Moksudur Rahman, Advocate ‑ For the Respondent. Application No.133 of 1991. Judgment AM Mahmudur Rahman J.- This is an application for stay of realisation of the disputed amount of tax 60 the decision of the questions o..Category: Fiscal/Taxation Law | Date: | Hits: 98
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....hichever is appropriate in the circumstances of the case. After expiry of the period or filing of the charge-sheet, as the case may be, the accused must appear before the Court concerned and obtain fresh bail from the Court on the merit of the case. I must also observe that it is indeed very di......ah Chowdhury, 51 DLR (AD) 242. ATM Afzal CJ, approving the minority view of Hamoodur Rahman J held: ''Now we come to the real point at issue as to the conditions and circumstances under which an application for pre-arrest or anticipatory bail can be considered under section 498 of the Code of..Category: Criminal Law | Date: | Hits: 89
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......t to the effect that, the land would be reconveyed within 7 years on repayment of the consideration money. He further deposed that a salish took place in their local Union Parishad on the basis of an application filed by the plaintiff over the suit land and in the salish it was decided that the defe..Category: Property Law | Date: | Hits: 74
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
.... Court allowed the appeal on the ground that the Trial Court decreed the suit during the war of liberation and the decree was hit by Bangladesh Legal Proceedings Order, 1972 and remanded the suit for fresh trial with a direction to issue summons upon the defendant No. 2 the only heir of the deceased......ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181...Category: Property Law | Date: | Hits: 69
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
....ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168.......the learned Munsif, Fulbaria for disposal and the learned Munsif Fulbaria having no territorial jurisdiction to try the suit sent the case records to the Court of 2nd Munsif, Sadar, Mymensingh on the application filed by the plaintiffs. Subsequently on reorganisation of the Courts the learned Distri..Category: Procedural Law | Date: | Hits: 102
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166....... জমা” In his written objection the petitioner took no exception as to the validity of the deposit made by opposite party No. 1. However, in course of the hearing of the petition he filed an application on 27.9.88 seeking rejection of the election petition on the ground that the deposit was..Category: Election Law | Date: | Hits: 130
Kadu and others Vs. State, 1990, 19 CLC (HCD)
....t Sunil with three other adult appellants was illegal in view of the provisions of sub‑section (1) of section 6 of the Children Act as quoted above but no useful purpose would be served by ordering fresh separate trial for appellant Sunil as we have already found that the prosecution had failed to......de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ..Category: Criminal Law | Date: | Hits: 74
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155.......ses, mentioned therein, have been started against the said Chairman. 2. Heard the learned Advocate for the petitioner and the learned Deputy Attorney‑General for the respondent No.1, perused the application, the affidavit‑in‑reply filed there against. 3. It is stated that in 1985 the pet..Category: Election Law | Date: | Hits: 121
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......ondent Nos. 1 & 2. Md. Faizul Kabir with Md. Omar Faruque, Advocates ‑ For Respondent Nos. 5‑12 & 14‑19. Writ Petition No. 141 of 1985. Judgment Naimuddin Ahmed J. - By this application under Article 102(2) of the Constitution of an order passed by the Respondent No. 1 thro..Category: Property Law | Date: | Hits: 78
Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)
....along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......te party on oath issued summons on the petitioner under sections 54 and 55 of the said industrial Relations Ordinance and after appearance granted bail to the petitioner; that the petitioner filed an application under section 241A of the Cr.P.C. to discharge the accused petitioner but the learned Ma..Category: Criminal Law | Date: | Hits: 69
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......t Nos.1 and 2 as defendant Nos.1 and 2 contested the suit by filing written statement denying the material allegations made in the plaint, stating, inter alia that on 22.09.2005 the plaintiff made an application under Order XXXVIII Rule 5 of the Code of civil procedure for attachment of the said rem..Category: Civil Law | Date: | Hits: 113
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
..... 690 of 2004). Judgment Nazmun Ara Sultana J.- This appeal, by leave, it the instance of accused Sohel @ Sanaullah @ Sohel Sanaullah is against the order of sending beck the case on remand for fresh trial from the stage of examination of accused under section 342 of the Code of Criminal Proce......ot be taken as giving of undue privilege to the prosecution to fill up any lacuna. Rather, this remand of the case to the trial Court is for removing a procedural defect only which was caused for non-application of the mind of the trial judge. If such type of procedural defect is not allowed to be c..Category: Criminal Law | Date: | Hits: 84
....he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ......rdingly the Court of appeal granted the judicial review and made order of certiorari setting aside the decision of the Chief Constable. The aforesaid decision of the Court of Appeal of England has no application in Bangladesh in the matter of exercise of the extraordinary power in writ jurisdiction ..
Category: Employment/Service Law | Date: | Hits: 79
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