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....ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
......ance. So the said Board cancelled the concerned examination of the petitioner of 1992‑93 term in respect of the concerned subject and he was expelled from the University for one year (i.e. next two terms and one short term if any). The order was communicated to the petitioner on 16‑8‑95. Being......J
Amirul Kabir Chowdhury J
Masum Ikbal (Md.)……………………………………………………………………………………….Petitioner
Vs.
Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangladesh Engineering University & o..
Category: Civil Law | Date: | Hits: 85
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....ction (3)." The petitioners have prayed for quashing the proceeding invoking inherent jurisdiction of this Court. The power to be exercised under section 561A CrPC is highly discretionary. Such an extraordinary and discretionary Power cannot be exercised in favour of the persons who have themselv...... exercised in favour of the persons who have themselves disrespected the Court complained of. The petitioners who have flouted the order of the lower Court and declined to appear before that Court in terms of section 53(A) of the Ordinance cannot get any discretionary relief from this Court." We are......Court High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J KM Hasan J Dr. Ahmed Sharif……………………………………..Petitioner Vs State and another……………………………………Opposite Parties Judgment August 1, 1994...Category: Criminal Law | Date: | Hits: 70
....on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
......n order to test the contention of Mr. Pal, we are first to remember that so far as the detenu is concerned, he was only served with a detention order the material portion of which is in the following terms:—
“Whereas the Government is satisfied with a view to preventing Mr. Nirmal Chandra B......1979) 145.
..
Category: Criminal Law | Date: | Hits: 103
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......CC Act, 2004. Therefore, the judgment and order of conviction and sentence passed against appellant Rupa Chowdhury is not sustainable in law. But the charge was framed against her on the following terms: “অভিযোগ” (১৮৯৮ সালের ৫নং আইন, ......16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ..Category: Criminal Law | Date: | Hits: 108
.... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
......sulting in the corresponding increase in the labour and staff wages. Consequently Respondent 1 requested Appellants and Respondent 2 to revive the contract schedule and claimed additional expenses in terms of the contract. At the intervention of the Deputy Chief Martial Law Administrator-in-charge, ...... is also Reported in: 31 DLR (AD) (1979) 138.
..
Category: Alternative Dispute Resolution | Date: | Hits: 161
....pugned order is, therefore, without jurisdiction.
In the result, the Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 203.
......5.83 the Labour Court allowed the case on contest in part. The order of dismissal of service of the respondent No. 2 was set aside and instead his service was terminated in accordance with law in terms of section 19 of the Employment of Labour (Standing Orders) Act, 1965. It was also ordered tha......87.
Judgment
Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause why the judgment and order dated 11.3.87 passed by the respondent No.1, the Chairman, First Labour Court, Dhaka in Cr..
Category: Labour and Industrial Law | Date: | Hits: 192
Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)
....the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ......till avoid it on the ground of hardship. In other words, the defendant-petitioner is now seeking to introduce an alternative defence. This defence is now of a completely different kind, both in terms of content and form. It will have the effect of introducing a new controversy between the pa...... of the written statement. 2. The plaintiff-opposite party No.1 instituted the suit for specific performance of contract of sale against the petitioner as defendant No.1 in respect of 9 kathas of land on the allegations that he paid Tk. 2,50,000/- as advance money out of a stipulated total consid..Category: Property Law | Date: | Hits: 58
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
.... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ......e tenderer Golden Dragon Ltd. that they while submitting the ,ender for supplying food to the dining rooms of the Restaurant Car, Buffet Car, Stall and Upper class dining room promise to abide by the terms and conditions of the agreement particularly mentioning that they would also be bound to accep......High Court Division (Civil Appellate Jurisdiction) Present: Anwarul Hoque Choudhury J Kazi Ebadul Hoque J Ministry of Communication, Railway Division, People's Republic of Bangladesh and others……………Appellants Vs. Md. Ferozur Rahman & ors…………….Respondent..Category: Civil Law | Date: | Hits: 72
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
....against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ......pecial Powers Act, 1974. The learned Assistant Sessions Judge and Special Tribunal Judge thereafter framed accusation on 22.1.86 against the two accused Shah Alam and Siddiqur Rahman in the following terms: "That on 2.6.82 at about 20-00 hours you have smuggled the ration paddy of 10 mounds illeg...... Ahmed, Advocate - For the State. Criminal Appeal No.31 of 1987. Judgment Muhammad Ansar Ali J.- This appeal under Section 30 of the Special Powers Act, 1974 is directed against the judgment and order dated 28.2.87 passed in Special Tribunal Case No.57 of 1984 by Mr. M. Jafar Ahmed Mina, As..Category: Criminal Law | Date: | Hits: 74
....ve detention. The Legislature in the said section 8(2) has added the expression "or as soon thereafter as is practicable but not later than fifteen days from the date of detention" obviously only for extraordinary cases to meet the unforeseeable exigencies of the situation which may happen in rare......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
......ued on 8.8.88 under section 491 of the Code of Criminal Procedure at the instance of the petitioner Dr. Md. Habibullah (next friend of the detenu) calling upon the Secretary, Ministry of Home Affairs and 4 others to show cause why the detenu Philip Reginald Cunningham should not be released from cus..
Category: Criminal Law | Date: | Hits: 108
Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)
....nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ......ides that- "No person shall be deprived of life or personal liberty save in accordance with law." Again Section 8 of the Special Powers Act, 1974 provides for similar provision in the following terms:- (1) In every case where an order has been made under section 3, the order shall, as soon ...... itself that the detenu is not being held in custody without lawful authority or in an unlawful manner. 2. The petitioner's case, in short, is that he is a cousin of the detenu Yunus Ali Mintu and is a citizen of Bangladesh; that the detenu Yunus Ali Mintu comes of a respectable Muslim fami..Category: Criminal Law | Date: | Hits: 60
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....idence foundation of the prosecution case would have cracked. Furthermore, this Court not being a Court of appeal it has hardly any scope to sift and assess the evidence like a Court of appeal in its extraordinary jurisdiction under section 561A of the Code. 14. We are also not forgetful that the......nts show that the convict petitioner who was earlier granted bail by the learned Sessions Judge, Chittagong, in Criminal Miscellaneous Case No. 2281 of 1989 absconded. So, he was tried in absentia in terms of section 339B (2) of the Code of Criminal Procedure. 5. In order to substantiate the char......aneous Case No. 1209 of 1995. Judgment Sheikh Rezowan Ali J. - On an application by the convict petitioner, namely Md. Ayub Ali a Rule was issued calling upon the Deputy Commissioner Chittagong and the complainant opposite party No. 1 to show cause as to why the proceedings of CR Case No. 1017..Category: Criminal Law | Date: | Hits: 87
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......s signature on 3 (three) blank stamp papers. On the next date the plaintiff returned to his new house at village Maijarchar under Sudharam Police Station in the District of Noakhali. According to the terms of the contract the plaintiff went to the house of the defendant to execute and register the k......DLR (2004) 477. ..Category: Property Law | Date: | Hits: 80
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
....nciples, it is now well settled that a Court in an appropriate case is empowered to arrant mandatory injunction in ad interim form under Order XXXIX rule 1 and/or 2 of the Code of Civil Procedure. In extraordinary case of urgency, the Court even can invoke its inherent jurisdiction under section 151......rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ...... ..Category: Civil Law | Date: | Hits: 73
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ......forcefully that the Government by the time by a vendor's agreement dated 15‑3‑83 transferred the undertakings of Uttara Bank to the newly constituted Uttara Bank Ltd. and after such transfer, the terms and conditions of the plaintiff would be governed by the principle of master and servant. No s...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J Uttara Bank Ltd...............................Petitioner Vs. Syed Abidur Reza and others………………Opposite Parties Judgment July 31, 2004. Result: The Rule is..Category: Employment/Service Law | Date: | Hits: 174
....urt, however, is directed to dispose of the concerned suit expeditiously.
Communicate this order to the concerned Court immediately.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 749.......urt did not grant any ad interim order. Thereafter on 15.9.92 an application was filed under section 151 of the Code of Civil Procedure and the Court granted an ad interim injunction in the following terms:
"That the defendant Nos. 1‑8 are restrained by an order of ad interim injunction from ac......) (1993) 749...
Category: Company Law | Date: | Hits: 181
....' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
......' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
......y of Works & others…………………..Respondents
Judgment
July 29, 1993.
Result:
The Rule is discharged.
Cases Referred to-
Rahela Khatoon Vs. Chairman, Court of Settlement and others, 45 DLR 5; Hosne Ara Begum Vs. Chairman, Court of Settlement and another, Civil Petition ..
Category: Property Law | Date: | Hits: 81
Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ......ore by its telex dated 27.5.1993 informed the defendant 11 that it had negotiated the documents for US $ 17,91,845.60 under the Letter of Credit issued by defendant 11 Bank and had certified that all terms and conditions of the credit had been complied with. The defendant 5, the agent of defendant 1...... no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
....or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51.......which both the parties agreed and one Abdul Sabur Chowdhury made the measurement work as requested and demarcated the lands of the plaintiff and defendants by fixing 4 pillars made of iron rod and in terms of the said measurement the answering defendant constructed a 6 feet high boundary wall east t......ision
(Civil Revisional Jurisdiction)
Present:
Bijan Kumar Das J
Abul Kashem Al-Asad………………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Land & others...............Opposite Parties
Judgment
June 22, 2004.
Result:
The Rule..
Category: Property Law | Date: | Hits: 71
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ......mentary and oral evidence that the CS plot No.241 was separately identifiable. None of these two Courts however, followed the issues suggested by the appellate Court in Other Appeal No.143 of 1996 in terms in the courts of their discussions, findings. 19. The findings of the appellate Court that ......urt High Court Division (Civil Revisional Jurisdiction) Present: Abdus Salam Mamun J A Halim (Md.)...............................Petitioner Vs. Mafijul Islam Tarafder alias Kalu and others…….......Opposite Parties Judgment April 27, 2004. Result: The Rule is mad..Category: Property Law | Date: | Hits: 80
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