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Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ......and other Statutory orders, rules and regulations. 12. Codification, consolidation, adaptation and technical amendment of laws. 13. Law Commission and commissions of legal matters. 14. Legal proceedings and advice thereon. 15. Matters relating to Government law officers; appointment and ..

Category: Constitutional Law | Date: | Hits: 207

Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ......ny lawful authority with the observation that the question of title and ownership and validity of the deeds in question could be gone into and decided only by a civil court. The appellants out of the proceedings of the above Misc. Appeal Case N0.13 of 1981 and also from the contents of the annexures..

Category: Property Law | Date: | Hits: 43

State Vs. Mirza Abbas, 2009, 38 CLC (AD)

....is directed against the Judg­ment and Order dated 22.07.2009 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.1930 of 2008 making the Rule absolute and thereby quashing the proceedings in Foreign Exchange Control Tribunal Case No.12 of 2007. 2. The prosecut......gainst the Judg­ment and Order dated 22.07.2009 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.1930 of 2008 making the Rule absolute and thereby quashing the proceedings in Foreign Exchange Control Tribunal Case No.12 of 2007. 2. The prosecution case, in ..

Category: Fiscal/Taxation Law | Date: | Hits: 75

M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)

.... - This Criminal Petition for Leave to Appeal is directed against the judgment and order dated 01.02.2007 passed by a Division Bench of the High Court Division in Criminal Revision No. 207 of 1999 quashing the pro­ceeding of C.R. Case No. 4383 of 1998. 2. The prosecution case, in shor......uct) Rules, 1979 in that the provisions of the said rule in clause (1) does not provide a bar to prose­cute, its intention being to protect the Government for the burden of bearing cost of the proceedings, particularly in view of clause (2) of the said Rule providing "Nothing in this Ru..

Category: Criminal Law | Date: | Hits: 116

M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)

....urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......e also that if this suit was filed at a subsequent date after 30th April 2004, he would have get the benefit of section 47 of Artha Rin Adalat Ain, 2003. We therefore find no reason to declare the proceeding of this Artha Rin suit illegal." The annexure-D is the letter of the Bank communica..

Category: Civil Law | Date: | Hits: 136

Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)

....disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ...... review in the nature of  writ of Certiorari is limited to judicial and quasi-judicial bodies, as such, this jurisdiction can be used in the narrow sense to declare as to whether the act done or proceeding taken is without lawful authority and is of legal effect or not. In exercising this power..

Category: Anti-Corruption Laws | Date: | Hits: 211

Joynul Karim & others Vs. State, 2009, 38 CLC (AD)

....ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ...... of 2005 by the High Court Division discharging the rule. 3. The High Court Division issued a Rule on an application filed under Section 561A of the Code of Criminal Procedure for quashment of the proceeding of C.R. Case No. 359 of 2002 under section 138 of the Negotiable Instrument Act, 1881 pen..

Category: Criminal Law | Date: | Hits: 163

Md. Altaf Hossain and others Vs. State, 2009, 38 CLC (AD)

....ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ......4. Mr. S.N. Goswami, the learned Advocate for the petitioners submits that the accused Petitioner Md. Akhlas Hossain was totally unaware of existence of the case against him and at no stage of the proceeding a warrant of arrest order of attachment was served upon him. It is the principle of law ..

Category: Criminal Law | Date: | Hits: 126

National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)

....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......e Jatiya Biswabiddalaya Karmachari (Srinkkhola-O-Appeal) Sangbidhi. It was further asserted that the charged against her was enquired into by a Board and found her guilty but the Authority instead of proceeding against in accordance with Service Regulations has decided not to proceed against her and..

Category: Employment/Service Law | Date: | Hits: 118

Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)

....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......eral having touched the very jurisdiction of this Court in exercising its power under the aforesaid provisions of Code of Criminal Procedure, we thought it proper to resolve the question first before proceeding with the case any further and in doing so we also felt it necessary to take assistance fr..

Category: Criminal Law | Date: | Hits: 101

M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)

.... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ...... Adalat Ain, 1990 and the said provision has been provided in Artha Rin Adalat Ain, 2003 and that the suit has been filed prior to promulgation of Artha Rin Adalat, 2003 and thus there is no bar in proceeding with the suit without sale of the pledged goods and adjustment of the sale proceeds ther..

Category: Civil Law | Date: | Hits: 152

Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)

....rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......h." 4. The term "contractor" in the above mentioned clause refers to the Arab Contractor-Shah Islam Joint Venture and not the respondent No.1, who initiated the arbitration proceedings. The term "employer" refers to the petitioner No.1. 5. The Constructio..

Category: Alternative Dispute Resolution | Date: | Hits: 344

Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)

....rrect decision and there is no illegality or infir­mity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......as a Senior Mutwalli died in the year 1990, the respondent No.9 could not man­age or perform his functions and the respondent No.10 somehow started man­aging the waqf estate on his behalf; when the proceeding under section 32, which was earlier initiated on the basis of com­plaint made by the ben..

Category: Trust/Waqf Law | Date: | Hits: 518

Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)

....cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ......vision was summarily reject­ed. The further case of the respondent No.7 is that by virtue of the decision of the Apex Court, the Ministry of land issued a memo dated 08.02.1999 cancelling the entire proceeding of L.A. Case No.10 of 1963-64 and by virtue of that letter the Ministry of land issued th..

Category: Property Law | Date: | Hits: 79

A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)

....rther amount". On these allegations charge-sheet was submitted on 14.10.79 against the petitioner and 3 other accused persons. 12. The appellant Deputy Collector of Customs filed petition for quashing of these proceedings which are now pending in the Court of Sub-Divisional Magistrate. The H......he judgment and order passed by a Division Bench of the High Court Division, Comilla Bench in Criminal Revision No. 503 of 1982, 504 of 1982 and 526 of 1982 discharging the Rules for quashment of the proceeding in A.G.R. Case No. 52 of 1980, A.G.R. Case No. 24 of 1979 and A.G.R. Case No. 53 of 1980...

Category: Fiscal/Taxation Law | Date: | Hits: 129

K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)

....in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ......pondent bank by its letter dated 09.03.1999 asked the borrow­er company and its Directors to comply with the agreed rescheduled repayment scheme within 15 days in default to initi­ate legal proceeding against them for real­ization of the outstanding loan amount but the said Borrower C..

Category: Civil Law | Date: | Hits: 140

Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)

....application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......ition) refusing to give sanction to the Special Case No. 39 of 2004 pending in the Court of Metropolitan Sessions Judge, Special Court, Dhaka, arising out of complaint petition No.3795 of 2003 for proceeding with the case against the writ respondent Nos.5 and 6 respectively and the impugned orde..

Category: Criminal Law | Date: | Hits: 64

Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)

....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......ct in doing so shall not be open to appeal. At the same time, the Revenue-officer shall make the correct entry after giving the parties concerned a hearing and recording his finding in a formal proceeding for the purpose of future reference." (underlining is owns), and sub..

Category: Property Law | Date: | Hits: 67

M.K. Bazlur Rahman Vs. Md. Johurul Haque and another, 2009, 38 CLC (AD)

....find any cogent reason to inter­fere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. ......Court Division found that there was no violation of section 141 (b) of the Negotiable Instrument Act. The High Court Division further found that the law is now settled on the point that a criminal proceeding should not be sti­fled before trial, when there was a prima facie case for going to ..

Category: Criminal Law | Date: | Hits: 51

M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)

....nbsp; agree­ment by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ......judgment debtors Tk. 51,53,81,735.02 against the Artha Rin Suit No. 29 of 2005 and Tk. 2,53,29,974.00 against Artha Rin Suit No. 56 of 2005 with all further compensation, cost & expenses by proceeding with execution cases and judgment debtors will not raise any objection.”  ..

Category: Civil Law | Date: | Hits: 109