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State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)
....etition for leave to appeal No. 103 of 1996 this Division observed that the respondents prayed for bail previously up to Appellate Division unsuccessfully. They again applied for bail and also for quashing the proceedings, which was rejected by the trial Court and also by the High Court Division......eave to appeal No. 103 of 1996 this Division observed that the respondents prayed for bail previously up to Appellate Division unsuccessfully. They again applied for bail and also for quashing the proceedings, which was rejected by the trial Court and also by the High Court Division in revision...Category: Criminal Law | Date: | Hits: 44
Md. Abu Daud Sarder Vs. State and another, 2002, 31 CLC (AD)
....ase No. 160 of 1995. The High Court Division by the aforesaid order discharged the Rule. The Rule was obtained upon an application filed under section 561A of the Code of Criminal Procedure seeking quashing of the proceeding of C.R. Case No. 174 of 1993 (Sadar) C.R. Case No. 95 of 1994 of t......gistrate and the same having been rejected, moved the Court of Sessions but did not have the desired result. 6. The appellant then moved the High Court Division seeking quashing of the proceeding of the C.R. case stating, inter alia, that prior to the filing of the petition of compl..Category: Criminal Law | Date: | Hits: 50
Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 CLC (AD)
....here 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) 449. .......2006 of the High Court Division passed in Criminal Miscellaneous Case No.7577 of 2005 making absolute the Rule obtained challenging the continuance of the proceeding of Sessions Case No. 149 of 2005 (arising out of G.R. Case No.428 of 2004 correspon..Category: Criminal Law | Date: | Hits: 47
Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)
....of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......f the Code of Criminal Procedure disclosing any ingredients of the offence under Sections 406/420 of the Penal Code as the money was given by the, complainant for investment in business and so the proceeding against the petitioners is an abuse of the process of law; that the High Court Divi..Category: Criminal Law | Date: | Hits: 41
Zahid Vs. Tanzir Hossain Mallick and another, 2007, 36 CLC (AD)
....ench of the High Court Division in Criminal Miscellaneous Case No. 2783 of 2004 discharging the Rule obtained upon an application filed under section 561A of the Code of Criminal Procedure seeking quashing of the proceedings of C.R. Case No. 47/2003 (Jhal) of the Court of Magistrate; 1st Class, ...... Court Division in Criminal Miscellaneous Case No. 2783 of 2004 discharging the Rule obtained upon an application filed under section 561A of the Code of Criminal Procedure seeking quashing of the proceedings of C.R. Case No. 47/2003 (Jhal) of the Court of Magistrate; 1st Class, Jhalakathi under..Category: Criminal Law | Date: | Hits: 56
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 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) 406. ......n of the above property was necessary for completion of the housing project started earlier by L.A. Case No.90 of 1964-65 and that there was public purpose behind the said requisition proceeding; thereafter the petitioner in revisional jurisdiction, under section 4A(2) of the above ..Category: Property Law | Date: | Hits: 50
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......nd in pursuant to that agreement the appellant took over the management of the Cinema Hall. Subsequent there to the Cinema Hall was put to auction in certificate case No. 3-B.SB/1987. The certificate proceeding was initiated at the instance of Bangladesh Shipla Bank since respondent No.2 and his fat..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......ter evicting the concerned persons therefrom; that while the said matter was pending for disposal, the 3Id party respondent Nos.1 and 2 filed 3 separate applications praying for stay of all further proceedings of the said. Title Execution Case No.20 of 1986 till disposal of Title Suit Nos.141 of ..Category: Property Law | Date: | Hits: 31
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ......ion of the suit for the plaintiff arose on the service of notice of surrender upon him as issued by the defendant No.25 while defendant No.27 evidently failed to prove its case; that the whole proceeding of the UP Case No.691 of 1984-85 is, in fact, void ab initio, moreso, when both defenda..Category: Property Law | Date: | Hits: 22
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......irected against the judgment and order dated 27-8-2005 passed by the High Court Division in Criminal Revision No. 1373 of 2003 making the Rule absolute directing the learned Magistrate for starting proceeding against the petitioner and the prosecution witnesses for filing a false case being CR Cas..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ...... 46 of the Trade Mark act, 1940 praying for removal of the Trade Mark "SUPERMAX". 8. The respondent No. 1 entered appearance in the said Rectification Case No. 166 of 1993 and contested the said proceeding. The Registrar of Trade Marks after hearing the parties and perusing the documents all..Category: Intellectual Property Law | Date: | Hits: 233
Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
....d order dated 13.7.1997 and the judgment and order of the Magistrate was affirmed. Against that order the second party filed an application under section 561 A of the Code of Criminal Procedure for quashing the impugned order dated 13.7.1997. The rule was made absolute. The first party having fe......) directed the officer in charge (OC). Maheshkhali to make a report about the matter. The OC in his report stated that there is apprehension of breach of peace and accordingly the S.D.O. started a proceeding under section 145 of the Code of Criminal Procedure and passed an order of attachment ap..Category: Criminal Law | Date: | Hits: 34
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610.......ntal Proceeding, Case No.7 of 1982, against the respondent on the basis of the aforesaid case which, ended in his conviction. The Subordinate Judge, Sirajgonj who was appointed Enquiry officer in the proceeding by his report dated 31.3.1983 found the respondent not guilty under rule 3(c) of the Go..Category: Administrative Law | Date: | Hits: 144
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
.... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579.......s he took petrol, octane, mobile distilled water etc. by different receipts without official permission and thereby the government incurred a loss of Tk. 2,900/- on those allegations departmental proceeding No.1/87 was started against the respondent. The respondent was served with a show cause n..Category: Administrative Law | Date: | Hits: 105
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......khatian filed in this case have been omitted. In view of the legal position the application for preemption was not legally maintainable for non-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This..Category: Property Law | Date: | Hits: 34
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ......f the Code of Civil Procedure relates to procedural matters and it provides that the procedure provided in the Code in regards to suits shall be followed as far as it can be made applicable in all proceeding in any Court of Civil jurisdiction and section 121 of the Code of Civil Procedure pro&sh..Category: Trust/Waqf Law | Date: | Hits: 226
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ...... that the Court being satisfied with the cause shown for absence of co- accused Mukul Hossain alias Mukul Miah that he was sitting in his S.S.C. examination that very day allowed continuance of the proceeding of the case as evident from his admit card and registration card but without considerin..Category: Criminal Law | Date: | Hits: 47
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
.... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ...... 22.12.1987 at about 10.45 a.m. when his two sons A.B.M. Harunur Rashid and A.B.M. Mamunur Rashid alias Mamun along with their friends Hasanuzzaman alias Babu, Ibnul Hasan alias Raja and Jewel were proceeding towards the Upazilla Office for the purpose of correcting voter list and reached near t..Category: Criminal Law | Date: | Hits: 58
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ......ministrative Appellate Tribunal, Dhaka in Administrative Appeal No. 52 of 1994). Judgment Bimalendu Bikash Roy Choudhury J.- The decision of this appeal turns on the point whether the proceeding against respondent No.1, Md. Mofazzal Hossain, a Senior Principal Officer of the Janata ..Category: Employment/Service Law | Date: | Hits: 70
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ...... he could not move to Dhaka for want of fund in the absence of remittance of his arrear pay etc., which was awaiting decision of the Commerce Ministry and prayed to be exonerated from the proposed proceeding. Writ respondent No. 2 issued reminder on 21.8.1989 and the writ petitioner again s..Category: Employment/Service Law | Date: | Hits: 105
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