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Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
....hether it is allowed to proceed………………………………………(22) The settled principle of law is that to bring a case within the purview of section 561A, Cr.P.C. for the purpose of quashing a proceeding one of the following conditions must be fulfilled: - (1) Interference ev......ers in a sense are inalienable attribute of the position it holds with respect to the Courts subordinate to it. Thus the High Court Division in a proper case possesses the inherent power to quash any proceeding Judgment or decision of any Court/Tribunal subordinate to it. But this power must be exer..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ......exhaust provisions of law before coming to the Court When the law provides for appeal as such, before come to the Court, litigant must complete or exhaust the provision of law and adjudicate the proceeding, otherwise it will be treated as premature. ....................................(17) ..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
....d disposal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside.
Ed.
This Case is also Reported in: 9 ADC (2012) 644.
...... property from the list of abandoned property. That the plaintiff obtained the mutation by exercising illegal influence upon the tahshilder and as such the said mutation was cancelled legally and a proceeding was started in the Anti-Corruption Department against that tahshilder and circle officer...
Category: Property Law | Date: 12 Mar, 2012 | Hits: 94
Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ......Miscellaneous Case No.455 of 2008 on 20-10-2008 under Order IX, rule 13 of the Code of Civil Procedure. Appeal was tendered on 7-1-2009. Defendant No.1 also obtained an order of stay of the execution proceedings on 20-10-2009. 3. In the application under Order IX, rule 13 of the Code of Civil P..Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ......or absorption by the Ministry of Establishment…(28b). The cognizance order and the charge framing order are therefore set aside for enabling further investigation, however the quashment of the proceedings is not called for, due to the allegations of creation of false documents...............(..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......f Criminal Procedure, 1898 (shortly the Code, 1898) this case was registered as a Criminal Revision as per previous practice and a Rule was issued by this Court on 14-11-1994 about quashment of the proceeding of Special Case No.9 of 1993, then pending in the Court of Divisional Special Judge, Dhak..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......ing for the decree-holder-opposite party, submits that, as per section 33 of the Arbitration Act, petitioner is bound to submit security which petitioner did not file, as such, this rule as well as proceeding taken against decree by Judgment-debtor-petitioner was taken without any jurisdiction. ..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......ers in a sense are inalienable attribute of the position it holds with respect to the Courts subordinate to it. Thus the High Court Division in a proper case possesses the inherent power to quash any proceeding Judgment or to set-aside decision of any Court/tribunal subordinate to it. But this power..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....ed with the proceedings of Criminal Case No.1 of 1994, the petitioner moved the High Court Division by filing Criminal Revision No.811 of 1995 under section 561A of the Code of Criminal Procedure for quashing the proceeding and obtained Rule and an order of stay. 5. The learned Judges of the Hi......ejected the prayer for discharge and framed charge against the petitioner under sections 54 and 55 of the Ordinance by order dated 19.06.1995. 4. Being aggrieved by and dissatisfied with the proceedings of Criminal Case No.1 of 1994, the petitioner moved the High Court Division by filing Cr..Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238
Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)
....n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......Rules, 2008 being special laws and the period of limitation prescribed under section 13(4) of the Ordinance and rule 65(3) of the Rules being different from that prescribed in the Limitation Act, any proceeding there under is excluded from the operation of section 29 (2) read with section 14 or from..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
....rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 730.
......l of the registered Trade mark No.31112 in class No.32 from the Registrar of Trade mark Register.
5. Pursuant to the notice served, the respondent No.1 Parle Agro Product Limited appeared in the proceeding on engaging the learned Advocate Mr. ABM Shamsud Doulah who preferred affidavit-in-opposi..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......ection with all its force. 22. We have also noticed the consequence of entertaining such an unhealthy attitude between man and man in this case which if detected by the Court at any stage in any proceeding, we are of the considered opinion that the concept of social justice should be invok..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Abdur Razzak Vs. State, 2012, 41 CLC (HCD)
....dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ......s to form "an opinion that there is ground for presuming that the accused has committed offence................" An opinion on the basis of presumption and a finding in a judicial proceeding are two distinct concepts. A finding about commission of offence must be based on evidenc..Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
.... 14. He also submits that the first information report discloses a prima facie case against the petitioner and on that basis charge sheet has been submitted. There is no reason in law and facts for quashing the proceedings. 15. The learned Deputy Attorney General further submits that High Cou......us Case No.12963 of 2008. Judgment AKM Shahidul Huq J.- This Rule under section 561A of the Code of Criminal Procedure was issued calling upon the opposite party to show cause as to why the proceedings of Jhenaidah Sessions Case No.105 of 2008 under section 304A/34 of the Penal Code, 1860 ..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......ct. Professor Dr. Golam, Rahman thus having been appointed as the sole arbitrator served notices upon both the parties on 31-5-1998 calling upon the appellant being the first party of the arbitration proceeding to file statement of claim in writing and advising the respondent to appear in the arbitr..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ......ision or order appealed against. Therefore, the Order passed by the Appellate Tribunal is not an Order as per section 196B (1) of the Act. 16. Furthermore, as per section 196C (8) of the Act the proceedings before the Appellate Tribunal shall be deemed to be a judicial proceedings within the me..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......ents right after their decision of canceling the license and admittedly he got ample post decision hearing. Failure to issue notice may not be fatal where the person complaining was aware of the proceeding and took steps to file his objection as it has happened in the present case. 24. For..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ......ppreciating the provisions of section 7A and 21 of the Arbitration Act, 2001, it is manifest that the application for addition of patty by the 2nd party to implead the 3rd party in the proceedings does not come within the ambit of law. Therefore, as to whether any signatory of the agr..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
.... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......t. But later when the petitioner was made known that about the cancellation of the said lease on 11.2.2008 most illegally by then caretaker government the petitioner immediately preferred arbitration proceeding as per the lease agreement and obtained an Arbitral award with an order to restore the sa..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......nd spirit where incidentally conducting learned Advocate in all these cases are same. 2. However, in all these cases, Rule were issued calling upon the Opposite-parties to show cause as to why the proceeding of Sessions Case No.382 of 2009 arising out of CR Case No.2599 of 2008 punishable under s..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
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