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Abul Kashem Vs. State, 2005, 34 CLC (HCD)

....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ....... 29. The Magistrate takes cognisance under section 190 of the Code of Criminal Procedure. Cognisance means "taking notice of an offence" and would include the intention of initiating judicial proceedings against the offender in respect of the offence or taking steps to see whether there is a..

Category: Criminal Law | Date: | Hits: 41

Amir Hossain Vs. State, 1988, 17 CLC (HCD)

....se. So far as accused appellant Rustom Ali is concerned his appeal is dis­missed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......f evidence of a witness within the meaning of section 80 of the Evidence Act and the statements recorded by a Magistrate in the identifi­cation report are neither made by a witness in the ju­dicial proceeding nor they are made on oath or affir­mation in order to be regarded as evidence within sec..

Category: Criminal Law | Date: | Hits: 51

Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)

....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......dgment ATM Afzal J.- These two Rules, at the instance of the respective accused-petitioners, were issued upon the Deputy Commissioner, Dhaka and the opposite party No.1 to show cause as to why the proceedings in petition case No. 563a/84 now pending in the Court of the Additional Chief Metropolit..

Category: Criminal Law | Date: | Hits: 67

Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)

....s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31.......e, the highest authority of the University under the University Ordinance and Statutes, decided it appropriate in its meeting held on 17.11.86 that the petitioner should be suspended and disciplinary proceedings should be initiated against him. The impugned order of suspension dated 19.11.86 was pas..

Category: Criminal Law | Date: | Hits: 74

Akbar Ali and others Vs. State, 1986, 15 CLC (HCD)

....essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29.......5 to 27.7.85 and as such 175 days (i.e. more than 150 days) have expired without conclusion of trial of the case and as such it is hit by section 339-C of the Code of Criminal Procedure and hence the proceeding of the case must be stopped and the accused-petitioners should be released. 3. After h..

Category: Criminal Law | Date: | Hits: 24

Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)

....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......v.) dated 12-7-57 cancelling previous order dated 22.6.55 and directing the plaintiff to apply afresh to the Divisional Commissioner and Ext. 8 dated 9.1.62 informing cancellation of the settlement proceeding by the Board under Board's Memo No. 2191-A/E dated 2.10.61. He has also considered Exit. ..

Category: Property Law | Date: | Hits: 36

KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)

....frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......issioner who took down the said evidence on commission submitted his report. On 15.9.83 upon the petitioner's prayer the exhibits/ documents were kept in the safe custody of the Sherestader. No other proceedings are on record. The Court fixed 29.9.83 and later 28.11.83 for passing order. In the mean..

Category: Civil Law | Date: | Hits: 83

Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)

....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ....... Contempt Petition Case No. 57 of 1999. Judgment Md. Mozammel Hoque J. - This is an under Article 108 of the Constitution of the People’s Republic of Bangladesh praying for drawing up a proceeding for committing contempt of Court against Mr. Mohammad Nasim, a Member of Parliament and t..

Category: Criminal Law | Date: | Hits: 54

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)

....a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......t No.4 is not in any way concerned with the order of detention passed against the detenu under section 3(2) of the Special Powers Act as this respondent has no manner of control or authority over the proceeding of detention case which was originated by an order passed by the District Magistrate, Dha..

Category: Criminal Law | Date: | Hits: 106

Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)

.... of Magistrate, 1St Class, Narayanganj should not be quashed. 2. In this Rule only question raised is whether filing of a petition of complaint before the cause of action arose can be a ground for quashing the proceeding. In the instant case, a cheque was issued by the accused petitioner in favou......e, 1St Class, Narayanganj should not be quashed. 2. In this Rule only question raised is whether filing of a petition of complaint before the cause of action arose can be a ground for quashing the proceeding. In the instant case, a cheque was issued by the accused petitioner in favour of the comp..

Category: Criminal Law | Date: | Hits: 35

Abul Hossain (Md) and others Vs. State, 1999, 28 CLC (HCD)

....ocate—For the Informant-Opposite Party. Criminal Miscellaneous Case No. 1928 of 1998. Judgment Abu Sayeed Ahammed J. - In this case, the Rule was issued under section 561A of the CrPC for quashing the proceeding of GR No.2973 of 1997 corresponding to Pallabi PS Case No.1(8) of 1997 pendi......he Informant-Opposite Party. Criminal Miscellaneous Case No. 1928 of 1998. Judgment Abu Sayeed Ahammed J. - In this case, the Rule was issued under section 561A of the CrPC for quashing the proceeding of GR No.2973 of 1997 corresponding to Pallabi PS Case No.1(8) of 1997 pending in the Cou..

Category: Criminal Law | Date: | Hits: 34

Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)

....in the application under section 561A of the Code of Criminal Procedure and the subject matter i.e. the Rule decided by the impugned judg­ment and order. In the application the petitioner prayer for quashing the proceedings of the Metropolitan Sessions Case No. 2280 of 2007 pend­ing in the Court o......ation under section 561A of the Code of Criminal Procedure and the subject matter i.e. the Rule decided by the impugned judg­ment and order. In the application the petitioner prayer for quashing the proceedings of the Metropolitan Sessions Case No. 2280 of 2007 pend­ing in the Court of Metropolita..

Category: Criminal Law | Date: | Hits: 34

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

....ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ......ers for committing contempt of court even when only a show cause notice was issued against the contemners. Besides, we do not find any material difference between a show cause as to why a contempt proceeding should not be drawn up against him and a rule asking him to show cause why he should not..

Category: Criminal Law | Date: | Hits: 130

Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)

....f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ......inul Hosein submits that the Election Tribunal erred in law in excluding 309 votes as invalid from the count in those four centres in the absence of assigning any reason. 17. In the whole election proceeding, after filing of the written objection the revision petitioner was found absent. He did n..

Category: Election Law | Date: | Hits: 79

National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)

....rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......e before entering in reference of the arbitration. The arbitration shall be conducted as per the provisions of Arbitration Act, 1940. Performance of the contract shall continue during the arbitration proceeding unless the owner by order in writing orders the suspension of the work or any part thereo..

Category: Alternative Dispute Resolution | Date: | Hits: 186

Abdus Sattar and others Vs. International Finance Investment and Commerce Bank Ltd., 1999, 28 CLC (HCD)

....ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 4. ......t advanced by Moulavi Md. Wahidullah and we cannot accept the petition of appeal. The two decisions cited by Moulavi Wahidullah relates to other matters and transactions which has no bearing with the proceeding under the Artha Rin Adalat Ain. 5. Mvi. Wahidullah also submitted that his client has ..

Category: Banking Law | Date: | Hits: 108

Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)

....ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364.......Advocate appearing for the petitioners submits that the learned District Judge, committed an error of law in rejecting the application holding that Miscellaneous Case No.13 of 2000 is not an original proceeding and accordingly Order 6 rule 17 CPC cannot be invoked. Mr. Rahman submits that though the..

Category: Procedural Law | Date: | Hits: 86

Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)

....rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604....... in maintaining the judgments of the Courts below allowing pre-emption. He further submitted that in a pre-emption pro­ceeding there is no scope to examine whether or not the notices of the mutation proceeding were served upon the co-sharers and as such, the learned Single Judge of the High Court D..

Category: Property Law | Date: | Hits: 22

Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)

.... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548.......al No.75 of 1990 against the aforesaid preliminary decree dated 23.03.1989 and final decree dated 11.05.1989. The respon­dent bank entered appearance in the aforesaid first appeal and the appeal was proceeding accordingly. The learned lawyer for the petitioner failed to take necessary steps for pre..

Category: Civil Law | Date: | Hits: 73

State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)

....s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......ver be a ground for granting a prayer for pre-arrest bail. This prayer, extraordinary as it is, can only be considered, as already stated, when it appears to the Court that the purpose of the alleged proceeding as far as the accused is concerned, is not what it purports to be, but to achieve a colla..

Category: Criminal Law | Date: | Hits: 68