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Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)

....ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ...... Comilla under section 96 of the State Acquisition and Tenancy Act, 1950 impleading the preempted and others as opposite parties for pre-emption of 3 decimals of land described in the schedule of the application. 3. Eventually, on 24-7-2001 the Miscellaneous Case was dismissed for default for the..

Category: Procedural Law | Date: | Hits: 133

Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)

.... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... respondent No.4 before the Artha Rin Adalat No.4, Dhaka (Shortly, the Adalat) for recov­ery of loan amounting to Taka 86,35,438.65 as on 31-3-2005. The petitioner appeared in that suit and filed an application for rejection the plaint under Order VII Rule 11 of the Code of Civil Procedure (in shor..

Category: Civil Law | Date: | Hits: 176

Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)

....e petitioners if they misuse the privilege of bail in any manner whatso­ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ......25, 326, 307, 34 of the Penal Code. The case is pending before the Chief Judicial Magistrate, Noakhali. 5. Having unsuccessful approache for bail before the Court below, the petitioners moved this application and obtained this present Rule. 6. At the time of issuance of Rule, the peti­tioner ..

Category: Criminal Law | Date: | Hits: 95

Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

..... Hence, the Rule is discharged. Stay granted earlier by this Court be vacat­ed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......ahbubuddin, Advocate - For the Petitioner.  Nusrat Jahan Assistant Attorney-General - For the Respondent.  Writ Petition No.6024 of 2009. Judgment Mirza Hussain Haider J.- On an application under Article 102 of the Constitution the petitioner obtained this Rule Nisi calling upo..

Category: Administrative Law | Date: | Hits: 455

Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

..... Those lands were released from requi­sition. Thereafter, again requisitioned in LA Case No.5 of 1972-73 and finally acquired. Rest of the lands were requisitioned and acquired in the said LA Case afresh. Notices were duly served and compen­sation was duly assessed and paid. He submits that there......fric reported in 15 DLR page 453 (Herama Chandra Battacharjee Vs. The Secretary, Department of Revenue and others the petitioner challenged order of derequisition. The citations have got no manner of application in the present case. In the case of Bangladesh Vs. Nabab Abdul Malik Jute Mills Ltd. rep..

Category: Property Law | Date: | Hits: 89

Dr. Md. Habibullah Vs. Additional Secretary and Member (Appeal and Revision) and others, 2007, 36 CLC (HCD)

....nd cancellation of demand would not be accepted. Then, the petitioner was constrained to obtain the above Rule after sending legal notice demanding justice. 12. Mr. Abu Khaled Ahmed, today filed a fresh power and also a supplementary affidavit. 13. In the supplementary affidavit, it is stated ......ed from the petitioner being not sanctioned by law must be held to be illegal, and liable to be refunded. Consequently, order of the revision authority dated 26-9-95 must be held to be passed without application of mind and not in accordance with the Ordinance. 27. In the result, the Rule is made..

Category: Administrative Law | Date: | Hits: 491

Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)

....f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......, Advocate, with Elias Ahamed, Advocate - For the complainant opposite party No.2. Criminal Miscellaneous Case No. 545 of 2008. Judgment Syed Md. Ziaul Karim J.- This Rule was issued, on an application under section 561A of the Code of Criminal Procedure, at the instance of accused petitio..

Category: Criminal Law | Date: | Hits: 103

Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)

....l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......ul-Alam, Advocate - For the Petitioner. None appears - For the Opposite Parties. Criminal Miscellaneous Case No. 9003 of 2004. Judgment Sheikh Abdul Awal J.- This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the District Magistrat..

Category: Criminal Law | Date: | Hits: 81

Sylhet Pulp & Paper Mills Ltd. Vs. Chairman, Second Labour Court, Katalganj, Chittagong and others, 2006, 35 CLC (HCD)

.... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 275. ......nt of any right, but it provides for enforcement of any existing right guaranteed or secured by law, award or settlement". 12. But, in instant case, it is found that the respondents have filed the application under Section 34 of the Industrial Relation Ordinance, 1969 before the Labour Court belo..

Category: Labour and Industrial Law | Date: | Hits: 190

Jiban Kumar Barman Vs. M Abdul Hye, Chairman of the Election Committee and others, 1996, 25 CLC (HCD)

....ove finding we need not enter into merit of the Rules. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ......on paper submitted by the said respondent No.7 was accepted and he was declared elected member from the Constituency No.6. Petitioner being aggrieved by the rejection of his nomination paper filed an application on 12‑11‑94 for reviewing of the order of scrutiny to the respondent No.1 Chairman o..

Category: Election Law | Date: | Hits: 600

Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)

....ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......­tioners are directed to be set at liberty forthwith, if not wanted in connection with any other case." 3. Against the said Judgment and order of the Division Bench of the High Court Division an application for leave was filed by informant Dr. Mriganka Ranjan Barua and leave was granted and the..

Category: Criminal Law | Date: | Hits: 103

Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)

....arate Sub-Division as Shariatpur the case was due to be transferred to the Sub-Divisional Magistrate, Shariatpur but during the transition record was lost. So the present complainant-appellant made a fresh complaint to the Sub-Divisional Magistrate, Shariatpur. The Sub-Divisional Magistrate Shariatp......tion 4 of the Law Reforms Ordinance which provided that notwithstan­ding any amendment made by this Ordinance in the Code of Criminal Procedure, 1898 hereinafter referred to as the Code, any appeal, application, trial, enquiry or investigation which was pending immediately before such amendment tak..

Category: Criminal Law | Date: | Hits: 104

Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......Commissioner under this Ordinance." After insertion of sub-section (3) of section 28 it was made more clear that it would be required for the applicant to implead the requiring person as party to his application made under section 28(1) of the Ordinance. Meaning thereby that the requiring body has n..

Category: Civil Law | Date: | Hits: 170

Md. Atiar Rahman and others Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (AD)

.... freedom fighters with disability to the extent of 20% or above were classified in three categories from 1 to 3 and those who had 1-19% disability were not entitled to any state honorarium. In 2003 a fresh medical test was held for determination of the degree of disability of all injured freedom fig...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in:  ..

Category: Civil Law | Date: | Hits: 104

Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)

.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ...... the accused. Hence, it appears from the provision of sub section (3B) of section173 of the Code that the learned Magistrate can pass an order for further investigation suo moto, without requiring an application for further investigation or a protest petition for that purpose . . . Mentioning of the..

Category: Criminal Law | Date: | Hits: 124

Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)

....t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ......umstance the petitioner moved this Division and obtained the present Rule. 7. By filing supplementary-affidavit it has been further stated that lastly on 20-2-2012 the writ petitioner by filing an application before the Com­mission of Customs, Dhaka prayed for release of the goods but the Commis..

Category: Fiscal/Taxation Law | Date: | Hits: 177

Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)

....t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ......ranch, A project was according­ly sanctioned by the bank. The petitioner refused to accept the loan as the loan was given only for machinery purposes. Subsequently, the petitioner filed another loan application and the bank decided to increase the loan amount by order dated 27-03-2001 when the peti..

Category: Civil Law | Date: | Hits: 108

Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ......ppears — For Respondent Nos. 1, 2 and 4. Mohammad Ali, Advocate — For Respondent No. 3. Criminal Appeal No. 8071 of 2006. Judgment SM Ziaul Karim J. - This Rule Nisi was issued, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling up..

Category: Civil Law | Date: | Hits: 93

Enamul Haque Vs. State, 2010, 39 CLC (HCD)

....he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ......g in Criminal Revision No.284 of 2004 should not be quashed and/or such other or further order or orders passed at to this Court may seem fit and proper. 2. The facts leading to the filing of this application under 561A briefly is that the 1st party petitioner lodged a petition of compliant befor..

Category: Criminal Law | Date: | Hits: 105

Abdul Mukit alias Mukim and others Vs. Additional Deputy Commissioner (Rev.) Moulvibazar and others, 2007, 36 CLC (HCD)

....is as clear as day light, such a suit should be properly buried at its inception, so that no further time is lost in a fruitless litigation. The plaintiff cannot be allowed to reopen the same matter afresh after losing upto the High Court Division and this is merely a gambling in litigation which ca......ate - For the petitioners. Rafiqul Islam Boxi with Md. Zakir Hossain, Advocate - For the opposite parties. Civil Revision No.596 of 2006 Judgment Siddiqur Rahman Miah J.- This revisional application under section 115(1) of the Code of Civil Procedure at the instance of the plaintiff-app..

Category: Procedural Law | Date: | Hits: 165