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Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)
....refore no question of review arises. In view of the above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. .......T. Case No. III of 1994 was initiated. On consideration of the facts and circumstances of the case the learned member, Administrative Tribunal, Dhaka, held that no illegality was committed in the proceeding drawn against the respondent and dismissed the case by his judgment and order dated 16.1..Category: Employment/Service Law | Date: | Hits: 62
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......cution witnesses and other materials on record accepted the death reference and rejected the jail appeal, we find no illegality or any legal infirmity or any defect of law at any stage of the proceeding for our interference and as such we are fully in agreement with the findings and de..Category: Criminal Law | Date: | Hits: 55
Alaluddin Vs. State, 2003, 32 CLC (AD)
....he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ....... 13 of 1998 was started, ended in submission of a final report and so no illegality was committed in filing a subsequent First Information Report on 25.4.1998 for initiating the instant proceeding and regarding the delay in lodging the FIR, the High Court Division also explained the d..Category: Criminal Law | Date: | Hits: 36
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....ssed in Criminal Revision No.104 of 1992 was dismissed. 2. Short facts are that the above mentioned criminal revisions were preferred under section 561A of the Code of Criminal procedure for quashing of the proceedings out of which the above criminal revisions arose. Four Criminal Petition...... Revision No.104 of 1992 was dismissed. 2. Short facts are that the above mentioned criminal revisions were preferred under section 561A of the Code of Criminal procedure for quashing of the proceedings out of which the above criminal revisions arose. Four Criminal Petitions of the complai..Category: Criminal Law | Date: | Hits: 40
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
.... Complainant is against the judgment and order dated 25.06.2002 passed in Criminal Miscellaneous Case No.5518 of 2001 by a Division Bench of the High Court Division making the rule absolute thereby quashing the proceeding of petition case No. 515 of 2001 under Section 138 of the Negotiable Instr......s against the judgment and order dated 25.06.2002 passed in Criminal Miscellaneous Case No.5518 of 2001 by a Division Bench of the High Court Division making the rule absolute thereby quashing the proceeding of petition case No. 515 of 2001 under Section 138 of the Negotiable Instrument Act, 188..Category: Business or Commercial Law | Date: | Hits: 138
Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
....to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ......tive Head as because 'Government in the Ministry is the appointing authority of the petitioner" (respondent No.1 in the leave petition). It may be mentioned that the A.T held that disciplinary proceeding against the respondent No.1 was initiated by the competent authority under the presumpt..Category: Administrative Law | Date: | Hits: 95
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
....ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......e is no record before us nor it is the case of the respondents that any domestic enquiry was held against the petitioner on allegation made in paragraph 1 of the dismissal order. No enquiry or proceeding having been started against the petitioner on those grounds&nbs..Category: Employment/Service Law | Date: | Hits: 83
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
....on 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 ...... 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: 35
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......e was granted by this Division to consider the following:- "...........the learned Counsel for the petitioner contends that the learned Arbitrator having conducted the arbitration proceeding only for three months had no lawful authority to award the interest on the unpaid amount..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149.......ondents can not seek relief against the said sale deed dated 9.11.1989 by filing another Writ Petition No. 4127 of 1992. Principle of res judicata under section 11 of the code is applicable in a writ proceeding as the same is also a civil proceeding. We are, therefore, of the view that relief claime..Category: Tenancy Law | Date: | Hits: 148
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......structures there on and once those were burnt in the fire. That the respondent defendants, who are bad people, trying to grab the same and in order to show their possession therein they had filed a proceeding under section 144 Cr.P.C. on 31.1.1989 which was found by the Upazilla Magistrate t..Category: Property Law | Date: | Hits: 23
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
.... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ......appellant was that in the 2nd show cause notice it was not mentioned that punishment the authority intend to award would be compulsory retirement and lastly it was contended that since enquiry proceeding in the light of the provision of Rule 143(4) of the Rules was not completed with in the..Category: Employment/Service Law | Date: | Hits: 69
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......ly for determination of her age which has already done and (iv)whether in view of the consistent of the higher courts of the sub-continent that question of custody of a minor can also be decided in a proceeding under habeas corpus under m 491 of the Code of Criminal Procedure without prejudice to th..Category: Criminal Law | Date: | Hits: 34
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ......that by no stretch of imagination it can be found that the fact involved in the present case attracted the provision of section 144 of the Code. He submits that the relief sought for in the present proceeding is not available to the plaintiffs. He further submits that it is not the case of the pl..Category: Property Law | Date: | Hits: 31
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....the accused respondent moved the High Court Division in its criminal revisional jurisdiction in Criminal Miscellaneous Case No. 3325 of 1997 under section 561A of the Code of Criminal Procedure for quashing the proceeding and a rule was obtained. Subsequently, a Division Bench of the High Court ......spondent moved the High Court Division in its criminal revisional jurisdiction in Criminal Miscellaneous Case No. 3325 of 1997 under section 561A of the Code of Criminal Procedure for quashing the proceeding and a rule was obtained. Subsequently, a Division Bench of the High Court Division by it..Category: Criminal Law | Date: | Hits: 45
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......ross examination the appellant has admitted that he did not prefer any appeal. Further in sub-section 2 of Section 17 of the Act it has been clearly enacted that no such, prosecution or legal proceeding shall lie against any person in respect of anything which in good faith done or int..Category: Property Law | Date: | Hits: 40
Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)
....facts and circumstances of the present case are quite distinguishable from 38 DLR 105 and 19 BLD 461 as cited by the learned counsel of the petitioner and so there is no ground to issue a rule for quashing the proceeding. 6. We are of the view that the High Court Division on proper consid......of the Penal Code read with Section 138 of the Negotiable Instrument Act. The petitioner then moved the High Court Division on an application filed under section 561A of CrPC. for quashing the proceedings of the above Kotawali P.S Case No. 15(7) 2005 and the High Court Division by order dat..Category: Criminal Law | Date: | Hits: 45
State Vs. Md. Firoj Ahmed, 2007, 36 CLC (AD)
....ccused petitioner being aggrieved and dissatisfied with the framing of the charge filed an application under Section 561A of the Code of Criminal Procedure before the High Court and prayed for quashing the proceeding against him. 5. The High Court Division considered the FIR and the ......o appeal is directed against the judgment and order dated 24.07.2005 passed by the High Court Division in Criminal Miscellaneous Case No. 1900 of 2004 making the Rule absolute and quashing the proceedings of Metropolitan Special Tribunal Case No. 3151 of 2003, under Section 25(B) (1) of the ..Category: Criminal Law | Date: | Hits: 37
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....are of the opinion that the appeal has got no merit and accordingly, the same is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ......d that the defendant has a case as it appears from Ext. G series that immediately after the alleged gift Ram Nath opened a separate Khatian after mutation. But the order sheets of the mutation proceeding was not available before the Assistant Judge to look into the matter whether in that pr..Category: Property Law | Date: | Hits: 24
Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)
....irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ......e ambit of Order 6 Rule 17 CPC. 5. The learned Counsel for the plaintiff-respondents submitted that in terms of Order 6 Rule 17 CPC amendments of pleadings can be allowed at any stage of the proceeding and since the High Court Division sent back the suit to the trial court on remand with d..Category: Civil Law | Date: | Hits: 107
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