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Abu Ahmed Siddique Vs. Khandaker Abdul Awal and others, 2008, 37 CLC (AD)
....dingly, we find no substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 624. ......goods and the car, the blue-book of which stands in her name. 7. In view of the above, it appears that under the aforesaid circumstances the High Court Division found that the instant proceeding was initiated only to harass the accused petitioners. Accordingly, we find no sub..Category: Criminal Law | Date: | Hits: 57
Cromvege Tannaries Ltd. & anr Vs. Joint Dist Judge & Artha Rin Adalat No.1, Dhaka, 2009, 38 CLC (AD)
....llegality or infirmity in the decision of the High Court Division no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 594. ......o.141 of 2002, being not a pending suit, under section 60(3) of Ain 2003 the same can not be transferred to the Artha Rin Adalat constituted under the new Ain 2003 and as such the entire proceeding of the above execution case is also illegal. 3. Agrani Bank opposed the Rule..Category: Civil Law | Date: | Hits: 103
Mahbubur Rahman Miah Vs. MA Kabir Chowdhury and others, 2009, 38 CLC (AD)
....Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 573. ......after delivery of possession as per report of the bailiff by order dated 12.7.2003. The present petitioner was neither a party nor a judgment debtor in the suit and in the execution proceeding and there was no such schedule 2(chap) in the earlier suit. The High Court Division inte..Category: Property Law | Date: | Hits: 25
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
....is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 554, 19 BLT (AD) (2011) 158.......re also placed under suspension by Bangladesh Bank by departmental Staff Orders which are not in accordance with Regulation No.22 of Bangladesh Bank's Staff Regulations in terms of which departmental proceedings are be concluded within 4 months from the date of showing cause for disciplinary actions..Category: Criminal Law | Date: | Hits: 78
Sonali Bank Limited Vs. Md. Abdul Aziz and another, 2009, 38 CLC (AD)
....k and therefore the application do not merit any consideration. Accordingly the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 541. ......ading and misinterpretation of the relevant provisions of the Service Regulations. 5. The learned Advocate appearing for the respondent No.1 submitted that the departmental proceeding of the Bank being held in violation of the provision of the Service Regulations of the S..Category: Administrative Law | Date: | Hits: 166
Janata Bank Vs. Mr. Fazlul Hoq and another, 2008, 37 CLC (AD)
....erials on record. We find no infirmity in the judgment of the Administrative Appellate Tribunal. The petition is dismissed. This Case is also Reported in: 14 MLR (AD) (2009) 217. ......ministrative Appellate Tribunal held that the allegations brought against him the respondent accused were true but he cannot be deprived of the benefit of the procedural defect of the departmental proceeding brought against him as the provisions of Fundamental Rule 29 which as contemplated by Re..Category: Administrative Law | Date: | Hits: 175
Bangladesh Krishi Bank Vs. Md. Saidul Haque, 2008, 37 CLC (AD)
....ision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 298. ......al case was lodged against him and an inquiry committee was also formed to inquire into the charges made against him. 3. But due to apprehension of his arrest he did not appear in the departmental proceeding and prayed for adjournment but refusing the prayer for adjournment the Enquiry Committee ..Category: Administrative Law | Date: | Hits: 189
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......atter as to which the prayer for direction has been sought and if there is any law the Court would certainly be required to act in accordance to the law touching the matter as to which a party in the proceeding has sought for direction from the Court. In the instant case the Court having had not don..Category: Alternative Dispute Resolution | Date: | Hits: 249
Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)
....o interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... Court, Dhaka, the Writ Petition, having been filed on the self same issue being not maintainable and that facts brought on record being highly contentions and disputed which cannot be decided in a proceeding which is adjudicated upon affidavits and in a summary manner the High Court Division wa..Category: Family Law | Date: | Hits: 171
Karuna Enterprise Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj & Ors., 2007, 36 CLC (AD)
....sion has committed no error of law in its judgment calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......act in accordance with judicial practice. The High Court Division discharged the Rule on the finding that the writ petitioner i.e. the defendant in the suit failed to produce any order staying the proceeding of the suit passed by the High Court Division in the writ petition filed by him. In that..Category: Civil Law | Date: | Hits: 91
Khalil Mia and others Vs. State, 2007, 36 CLC (AD)
.... any substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 539. ......ed a Rule and stay of further proceeding of the above Sessions Case. 7. But subsequently, the High Court Division upon hearing the parties vacated the order of stay of the further proceeding of the corresponding Session Case No.6 of 1993 with direction to conclude the trial exp..Category: Criminal Law | Date: | Hits: 40
Zainul Abedin Vs. State, 2007, 36 CLC (AD)
....nd no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 536. ......er a child and she was brought to the petitioner's house by the informant and as such the instant case is not maintainable under Section 7 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 and thus the proceeding of the instant case is liable to be quashed; that the informant is the cousin of the vic..Category: Criminal Law | Date: | Hits: 52
Md. Nasir Uddin Vs. State, 2007, 36 CLC (AD)
....tropolitan Magistrate, Dhaka. 3. The accused-petitioner surrendered before the Court of the Metropolitan Magistrate, Dhaka and obtained bail and thereafter moved the High Court Division for quashing the aforesaid proceeding whereupon the High Court Division after issuance of Rule and hear......eave to appeal against the judgment and order dated 26-07-2007 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case 5787 of 2007 discharging the Rule arising out of proceedings of C. R Case No. 3085 of 2005 under Section 138 of the Negotiable Instrument Act now pe..Category: Criminal Law | Date: | Hits: 40
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
....he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......al) Rules, 1985 until further orders although the said Sub-Rule 2 of Rule 11 of the said Rules was already omitted by S.R.O. No.304-Law/89/EM (Reg-5)1-D/88 dated 13.3.1989. 3. Thereafter, a proceeding was started against the respondent for misconduct by letter dated 4.7.1993 issued by the..Category: Administrative Law | Date: | Hits: 159
Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)
....t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ......nd perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 13. It appears that the present petitioner challenged the certificate proceedings and lost up to the Land Appellate Board, the highest revenue forum. The High Court Divi..Category: Property Law | Date: | Hits: 22
Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)
.... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888.......al is the High Court Division granted full relief sought hi the revisional application in summary manner without hearing the respondent Nos. 3-9 and the State. The age old concept of law is that in a proceeding by an order of the Court, if the respondent is going to be affected then he requires to b..Category: Criminal Law | Date: | Hits: 37
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
....rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ......f which is effected by an exchange deed. The learned Single Judge, it seems to us, made a mistake in holding that no oral evidence can be adduced to decide the nature of transfer in the pre-emption proceeding presumably in view of section 91 and 92 of the evidence Act, 1872. 12. Section 9..Category: Property Law | Date: | Hits: 66
Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)
.... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ......his appeal we find it to be unnecessary to give a decision on the respective merits of the two sides' submission. The right of pathway, admitted by the defendant- appellant in an interlocutory proceeding, has not finally resulted in a declaration of the plaintiffs easement right over the sui..Category: Procedural Law | Date: | Hits: 64
Md. Shahjahan Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....n in Criminal Revision No. 17 of 1987) Judgment MM Ruhul Amin J.- In Criminal Appeal No. 17 of 1996 was granted to consider the submission that in derogation of all principles of quashing the High Court Division has taken into account the defence case and ordered the quashing o......scloses that the papers which were seized as alamats were recovered from the possession of respondent No. 1 and as such the High Court Division misread the charge-sheet and the quashing of the proceeding has been done in violation of settled principles of law in this regard. 2. I..Category: Criminal Law | Date: | Hits: 38
Munshi Md. Rashed Kamal Vs. Abdus Salam and another, 2005, 34 CLC (AD)
....preferred challenging the judgment and order dated 10.03.2002 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 3481 of 2001 making the rule absolute thereby quashing the proceeding of C.R. Case No. 4321 (A) of 2000 pending in the Court of learned Chief Met......llenging the judgment and order dated 10.03.2002 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 3481 of 2001 making the rule absolute thereby quashing the proceeding of C.R. Case No. 4321 (A) of 2000 pending in the Court of learned Chief Metropolitan Mag..Category: Criminal Law | Date: | Hits: 42
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