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Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279....... or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of the Rule may be briefly stated as follows: The complainant-opposite-party No.2 lodged a petition of complaint with the Court of the Chief Metropolitan Magistrate, Chitt..Category: Criminal Law | Date: | Hits: 120
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......ll and void. But if the actions done with jurisdiction and without jurisdiction are so inextricably mixed up, and action done with jurisdiction cannot be separated without causing prejudice to either party, then the whole action may be declared null and void. 21. It is to be borne in mind that..Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....pplication under Order XXIII, rule 1, 2(3) of the Code of Civil Procedure praying for permission to withdraw the appeal with permission to so afresh on the ground inter alia that there is some formal defects in the plaint and the Appellate Court fixed on 17-6-1999 for hearing of the said application......dgment Md. Mamtazuddin Ahmed J.- The Rule arises at the instance of the defendants on the following terms: "Let the records need not be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the order dated 17-6-1999 passed by Subordinate Judge, 2nd Court,..Category: Procedural Law | Date: | Hits: 108
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......wdhury Deputy Attorney-General with Mushfiqur Rahman, Assistant Attorney-General - For the State. Criminal Revision No. 439 of 1996. Judgment Md. Hamidul Haque J.- By this Rule, the opposite party was called upon to show cause as to why the proceedings of Mirpur PS Case No.41 dated 15-1-96 ..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
.... process is capricious and arbitrary having been based either on no evidence or on materials which are wholly irrelevant or inadmissible; and (4) Where the complaint suffers from fundamental legal defects, such as, want of sanction, or absence of a complaint by legally competent authority and the......cedure the petitioner prays for quashing the proceeding of a complaint case pending for trial in the Court of Metropolitan Magistrate, Chittagong whereupon a Rule was issued calling upon the opposite party No.2 and the Deputy Commissioner, Chittagong to show cause why the proceeding of CR Case No.86..Category: Criminal Law | Date: | Hits: 112
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
....tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283...Category: Criminal Law | Date: | Hits: 105
....stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
......red by law to do. In this connection the respondent Nos. 1-3 are not permitted under the law to transfer or sell out the property of the petitioner which is a debuttar property in favour of the third party namely, the respondent No.4 Bangladesh Mukti Joddha Kallyan Trust and, as such, the transfer m..
Category: Property Law | Date: | Hits: 85
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......bassy of Switzerland with effect from December, 1973, was executed by defendant No.1 as the lessor and was attested by the plaintiff as one of the two attesting witnesses. 11. The onus lies on the party claiming a benami transaction to prove the same as benami. To ascertain the true character of ..Category: Property Law | Date: | Hits: 109
AKM Rafiqual Alam Vs. State, 1997, 26 CLC (HCD)
....onouncement of talak effective. In view of the same, we find no merit in this application. So, the application is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 265. ......onouncement of talak effective. In view of the same, we find no merit in this application. So, the application is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 265. ..Category: Family Law | Date: | Hits: 178
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......a Das and his two brothers Nishi Kanta and Abani Kanta though transfer deed was yet to be registered, that there held a salish about the registration of land and they have enmity towards the accused party over the matter, that her husband went to watch the land by rowing a small boat owned by Pran..Category: Criminal Law | Date: | Hits: 75
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....e in the complaint petition are questions of fact to be ascertained at the time of trial. In support of his submission he has referred to the case decision reported in 60 DLR (AD) 195. As regards the defect of pre-maturity of cause of action, the learned Advocate submits that though the case was fil......and proper. 2. By the Rule issuing order dated 9-3-2008, all further proceedings of the above mentioned CR case were stayed. 3. The relevant facts for disposal of the Rule are that the opposite party No.2 Senoara Begum as complainant filed the petition of complaint of the above CR case in the ..Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ...... ACC-Opposite Party No.2. Criminal Revision No.1451 of 2009. Judgment Md. Abdus Samad J.- This Rule, at the instance of accused-petitioner Md. Amanullah, was issued calling upon the opposite-party to show cause as to why the impugned order of framing of charge dated 6-7-2009 passed by the l..Category: Criminal Law | Date: | Hits: 84
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ...... in the Court of the learned Additional Metropolitan Sessions Judge, Chittagong should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that, the complainant opposite party No.2 Islami Bank Bangladesh Limited filed CR Case No.138 of 2007 in the Court of Chief Metropo..Category: Civil Law | Date: | Hits: 150
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ...... sub-section (1) and may deal with it himself in the manner provided in such rules.” Rule 135 of the Rules run as follows: “Withdrawal of reference by the Registrar on an application by any party to an arbitration proceeding pending before an arbitrator, the Registrar may, for reasons to b..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......tered appearance and prayed for time for submitting written statements, which was granted and 17-5-98 was fixed for filing written statement (Annexure-B). 6. The Tribunal again fixed 7-6-98 for ex party disposal of the petition. It is complained by the petitioner that the respondent No.1 Banglade..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......appeal and affirming the judgment and decree dated 31-1-1987 and 2-2-87 respectively passed in Title Suit No.647 of 1985 by the learned Munsif, 4th Court, Dhaka decreeing the suit. 2. The opposite party as plaintiff filed Title Suit No.647 of 1985 in the 4th Court of Munsif, Dhaka praying for dec..Category: Employment/Service Law | Date: | Hits: 182
....eason to quash the judgment and order impeached in this writ petition.
The result is: we discharge the Rule. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
.......3 passed on March 30, 1986, refusing to register the Pabna Zila Truck Chalak Union should not be declared to have been made without any lawful authority and is of no legal effect.
2. The opposite party 4, the President and the opposite party 5, the General Secretary of the said Union filed an ap..
Category: Labour and Industrial Law | Date: | Hits: 171
Abul Kalam Azad (Md.) and others Vs. Md. Kamrul Hasan and others, 1997, 26 CLC (HCD)
.... stay granted at the time of issuance of the Rule is vacated. Let a copy of the order be sent to the Court concerned immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 259. ......f the learned Advocate for the petitioner that the learned Assistant Judge rejected the application without applying his judicial mind. No written objection has been filed by the plaintiff‑opposite party against the application. It is not possible for this Court to examine the impugned order passe..Category: Procedural Law | Date: | Hits: 85
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......ners. Mamun Aleem with Samiran Mallik, Advocates - For the Opposite Parties. Civil Revision Case No.2591 of 2008. Judgment AFM Ali Asgar J.- This rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 22-5-2008 passed in Miscell..Category: Procedural Law | Date: | Hits: 88
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......o abuse of the process of the Courts below. 10. Heard the learned Advocate, perused the application filed under 561A although the annexures submitted therewith. 11. It appears that the opposite party No.2 lodged the GD Entry with Sutrapur police station, being No.1254 dated 24-12-2000 whereupo..Category: Criminal Law | Date: | Hits: 79
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