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Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ......nly is rather startling to be told that nine years after a contract has been made, which could have been satisfied within twelve months of its execution, a party to the contract is at liberty to take proceedings for specific performance of contract. The rights of equity which prevail in British Burm..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......entirely on the contesting defendants to prove that the impugned kabala deed was a genuine one. This view of the appellate court and the High Court Division is wrong. The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. In th..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ......cedure, 1898 (shortly the Code, 1898) was registered as a Criminal Revision as per previous practice of this Court. 2. On that application, a Rule was issued by this Court about quashment of the proceeding of Special Case No.2 of 1993 pending in the Court of Sessions Judge and Senior Special Ju..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
....
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
......ip;…………………(29)
The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A
Inherent power of the High Court Division to quash the proceedings
The High Court Division can exercise its inherent power to quash the proceedings in..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....ed under the Anti-Corruption Commission Act, 2004. Reference has been given to Tarique Rahman's case reported in 63 DLR(AD) 18. 9. At the very outset, let it be made clear that the scope for quashing a criminal proceeding is very limited. There is hardly any opportunity to see whether the a......pplication filed by the accused-petitioner under section 561A of the Code of Criminal Procedure, this Rule was issued on 15-10-2009, calling upon the opposite parties to show cause as to why the proceedings of Metropolitan Special Case No.177 of 2009 arising out of Ramna Police Station Case No...Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
....ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......ibunal No.1, Magura in Nari-o-Shishu Nirjatan Case No.43 of 2006 discharging the accused respondent No.1 from the charge brought against him accepting the final report and giving approval to initiate proceedings against the informant appellant under section 17 of Nari-o-Shishu Nirjatan Daman Ain, ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Shahjahan Vs. State, 2011, 40 CLC (HCD)
.... of the forum of appeal as postulated by section 30 of the Special Powers Act, 1974. Finding no other alternative, the petitioner approached the High Court Division with the instant application for quashing his conviction under section 561A of the Code of Criminal Procedure and obtained the Rule. ......equirement of sub-section(6) of section 27 of the Special Powers Act and such being the state of affairs, the petitioner was prejudiced in his defence inasmuch as he was quite in the dark about the proceedings of the case pending against him before the Tribunal below and because of the failure of ..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....e to be quashed. 16. In the case of Abdul Quadar Chowdhury Vs. State, 28 DLR (AD) 39 this court considered the scope of section 561A of the Code of Criminal Procedure and categories of cases for quashing before the trial. It was observed:— "Interference even at an initial stage ......n not be sole factor of quashment In a case where the accused petitioner is not FIR named and he was implicated in that case on the basis of confessional statement made by FIR named accused, the proceeding against the petitioner is liable to be quashed…….........(9) Confessio..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......e delinquent free and chopping the logic of preponderant probability to punish marginal innocents". This is the conception of "fair trial" or "fair deal" in our legal system. All stages of criminal proceeding in our country from arrest to Appeal touch the individual in vital matters. Since a crimi..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
..... 21. In this particular case it is very pertinent to mention here that the petitioners after framing the charge filed these applications under Section 561A of the Code of Criminal Procedure for quashing the proceeding. But, did not come before this Court in its revisional Jurisdiction under Se......tly renumbered as sessions Case No.558 of 1999, arising out of complaint petition Case No.1081 of 1997 obtained the present Rules calling upon the Opposite-Party to show cause as to why the proceeding of the said sessions case should not be quashed. 2. Since the facts and questi..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......hed his greedy eyes over the suit land and consequently at his instance a Certificate Case being No.188 of 1964-65 was initiated for realization of arrear rent in respect of suit land and in the said proceeding no notice was served upon Abdul Hashem as contemplated under section 7 of the Public..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......cial Judge, Feni passed in the present case is liable to be set aside. He further submits that as per the cited decision admittedly there was no Commission on the date of issuance of the notice, proceeding can only be initiated at the instant of the Commission itself. He further submits that in..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......ferred by the appellants expeditiously. But the BTRC did not dispose of the said applications submitted by the appellants and consequently, the appellants had prayed for drawing up a contempt proceeding against the Chairman of the BTRC. In order to avoid contempt proceeding the BTRC vide or..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......fficer passed necessary order as well as took necessary step for giving demarcation and accordingly that on 23-4-1981 that the said officer has demarcated the land in presence both side following the proceeding. The learned Counsel further contended that the predecessor of the plaintiffs took pattan..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
....ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......rate Court, Dhaka against the petitioner in Motijheel Police Station Case No.19(3) 1993 should not be quashed. 2. At the time of issuance of the Rule the accused-petitioner obtained bail and the proceeding as stayed. 3. The facts leading to the Rule in short are as follows: One Mr. AK..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......lt: The Rule is discharged. A revenue officer acting in mutation cases under section 143 of the State Acquisition and Tenancy Act, 1950 is not a court, although the same officer acting in a proceeding under section 144 of the said Act is a court in view of Rule 39 of the Tenancy Rules, 195..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
....nayet Hossain reported in 17 BLD (AD) 44 = 2BLC (AD) 16 wherein their Lordships held: "the settled principle of law is that to bring a case within the purview of section 561A for the purpose of quashing a proceeding one of following conditions must be fulfilled: (1) Interference even at......f 2009. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued upon the opposite parties to show cause as to why the proceedings of Sessions case No.215 of 2009 arising out of CR case No.406/8 (Naogaon) dated 28-8-200..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......ched Bangladesh on 6.4.2000 in order to discharge cargo of 7000 M.T. of Cement Clinker, whereupon a legal dispute arose in between the importer of the cement clinker and the carrier for which a legal proceeding was established in Admiralty suit No. 16 of 2004 whereupon the vessel MV ACCORD was arres..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......tion is finally disposed of. This bar under sub rule-(2) is a clear bar providing no exceptions to it unlike sub-rule-(1) read with sub-rule-(3) of Rule 59 where-in an exception has been provided for proceeding with the notification of awarding contract if a certificate of public interest is is..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....wers under Article 102 of the Constitution. We have come across in a number of cases and find the High Court Division is not maintaining uniformity in entertaining and disposing of petitions for quashing criminal proceedings. Some Benches have entertained and disposed of writ petitions for qua...... 102 of the Constitution. We have come across in a number of cases and find the High Court Division is not maintaining uniformity in entertaining and disposing of petitions for quashing criminal proceedings. Some Benches have entertained and disposed of writ petitions for quashing a proceeding..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
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