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Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....tion report) was filed and warrant of arrest was yet to be issued by the Magistrate. The accused named in the first information report approached the High Court Division and filed a writ petition for quashing BACGR Case No.9 of 2002 arising out of Subujbag, PS Case No.27 dated 16-1-2002 pending befo......y on execution of bail bond, the law enjoins upon him to be present before the Court on the date fixed for his presence and that to keep himself at his level aware of up-to-date position/stage of the proceeding and to take step(s) required by the law in the proceeding wherein he has obtained his tem..Category: Anti-Corruption Laws | Date: | Hits: 139
Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)
....t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ......roceeded with or commenced against a scheduled industrial enterprise or any industrial enterprise placed under a Corporation by an order under clause (1) of Article 10 and all suits and order legal proceedings pending against such an enterprise on the date of winding up order shall abate. The tria..Category: Tenancy Law | Date: | Hits: 148
Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)
....round of above discussion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ......r dated 23-01-1991 (vide Annexure-E of the writ petition) was passed by Executive Engineer (Irrigation), BADC, Brahmanbaria Region and it was very much legal because of the fact that the departmental proceeding was drawn against the respondent No.1 wherein he was found guilty for misappropriation of..Category: Employment/Service Law | Date: | Hits: 87
Rafique Fakir and others Vs. State and others, 2005, 34 CLC (AD)
....red before the Magistrate and were enlarged on bail. The appellants then moved the High Court Division in Criminal Revision No.724 of 1997 under section 561 A of the Code of Criminal Procedure for quashing the proceeding but the rule was discharged on 12.8.1998 3. The leave was granted to......e Magistrate and were enlarged on bail. The appellants then moved the High Court Division in Criminal Revision No.724 of 1997 under section 561 A of the Code of Criminal Procedure for quashing the proceeding but the rule was discharged on 12.8.1998 3. The leave was granted to consider the..Category: Criminal Law | Date: | Hits: 45
Md. Mokaddas Ali and others Vs. Artha Rin Adalat (Sub. Judge) Dinajpur & ors, 2006, 35 CLC (AD)
.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 237. ......n in Writ Petition No.4782 of 1999 discharging the Rule. 2. In the writ Petition an order dt. 12.10.1999 Passed by Artha Rin Adalat and Joint District Judge, Dinajpur, respondent No. 1 in a proceeding under Order 21 Rule 89 of the Code of Civil Procedure being Miscellaneous Case No. 16 of..Category: Civil Law | Date: | Hits: 92
Faroque Ahmed Vs. Sub. Judge, 2nd Court & Artha Rin Adalat No. 1, Rangpur & ors , 2006, 35 CLC (AD)
....he correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ......are that the respondent No.2, Janata Bank, instituted the above suit for realisation of Tk.22,52,700.48 by selling the mortgaged property. The suit was decreed ex parte against the defendants. On a proceeding under Order 9 Rule 13 of the C.P.C. the suit was restored. Thereafter the defendant No. ..Category: Civil Law | Date: | Hits: 78
Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)
....rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ......03 passed by the High Court Division in Writ Petition No.2299 of 2003 summarily rejecting an application under Article 102 of the Constitution of the People's Republic of Bangladesh challenging the proceeding initiated under Madhabpur Police Station Case No. 06 dated 03.01.2003 under section 5(1)..Category: Criminal Law | Date: | Hits: 41
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ......e can invoke the law under which he is proceeded against which cannot be opposed to fundamental rights and the Tribunal is competent to enforce the statute. The matter arising from a departmental proceeding relating to terms and conditions of service of the petitioner the High Court Division r..Category: Employment/Service Law | Date: | Hits: 104
Sena Kalyan Sangstha Vs. Bangladesh Thai Aluminum Ltd., 2005, 34 CLC (AD)
.... of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 172. ......before the Court on July 20, 1998. As against the award it was alleged that the sole Arbitrator with malafide intention did not file the award even after lapse of 10 months since the closing of the proceeding but filed the award on the day following the day of the filing of the application for h..Category: Alternative Dispute Resolution | Date: | Hits: 222
Mrs. Mohsina Rahman Vs. Abdul Majid, 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: V ADC (2008) 786. ......rom the Court but the defendant having failed to submit such order filed another application on 30.5.98 praying for further adjournment which being rejected she did not contest the arbitration proceeding any further. Then the Sole Arbitrator, on hearing the plaintiff, by order dated 30.5.20..Category: Alternative Dispute Resolution | Date: | Hits: 192
Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)
....ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ...... of the judgment dated 3.10.2004 did not elapse. After hearing the parties High Court Division issued rule and also passed an interim order, i.e. "pending hearing of the rule, let all further proceedings in Artha Rin Adalat Execution Case No. 132 of 2005 pending in the Court of Artha Rin Ad..Category: Civil Law | Date: | Hits: 102
Mahmuda Haq Vs. Abdul Mannan Miah and others, 2007, 36 CLC (AD)
....ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 759. ......e title execution case was not served upon the plaintiffs who were defendants in Title Suit No. 42 of 1986. The appellate Court declared the decree passed in Title Suit No. 42 of 1986 and also the proceeding of the Title Execution Case No. 10 of 1989 illegal. The contesting defendants moved the ..Category: Property Law | Date: | Hits: 25
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
....n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ......86.00. The contract contained Clause No. 20 which empowers Bangladesh Bank for extension of time without prove escalation. Since the statement of claim is for price escalation the arbitration proceeding can not proceed. The site plan was supplied with the work order and the amended site pla..Category: Business or Commercial Law | Date: | Hits: 129
Shaymol Mitra Borua Vs. Bangladesh Government and others, 2008, 37 CLC (AD)
....o substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 642. ......arred by limitation and bad for defect of party and as such the A.T. case is liable to be dismissed in limini; that defence case, in short, is that following an enquiry through a departmental proceeding, the petitioner respondent was found guilty of the charges by the Enquiry Officer and th..Category: Administrative Law | Date: | Hits: 89
Md. Iftekher Uddin Bhuiyan Vs. Ranjit Kumar Saha & another, 2007, 36 CLC (AD)
....n correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 665. ......unicipal area. 8. The learned Counsel for the petitioners submit that the prayer for pre-emption is barred by limitation as the plaint was amended on 22.08.1995 in the civil revision and the proceeding of the suit was stayed till 28.01.1996 and the deposit as made on 29.01.1996 is not wit..Category: Property Law | Date: | Hits: 19
Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)
....ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ......an of the Zilla Parishad and the former not being the Controlling Authority acted illegally and arbitrarily in passing the impugned order of cancellation summarily even without initiating any proceeding for the same and that in arriving at the said finding the High Court Division misre..Category: Civil Law | Date: | Hits: 107
Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)
....on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ......as dismissed but the High Court Division while maintaining the same found that as Abul Kashem Hawlader was not present in the country during the pendency of the previous suit and the miscellaneous proceeding thereto and hence the impugned judgment and decree is not binding upon him as the same w..Category: Property Law | Date: | Hits: 102
Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
....ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......Court Division in the writ petitions that the gift in favour of the respondent by the admitted owners is valid and hence the appellants are debarred from raising this issue again in any subsequent proceeding. In support of his contention the Counsel has placed before us ..Category: Property Law | Date: | Hits: 46
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ......complete the process of acquisition within a period of six months from the date. Even the respondents did not comply with the aforesaid direction. Contempt Petition No.13 of 1995 was started and a proceeding was drawn up against the respondents. By this time the process of acquisition was comple..Category: Property Law | Date: | Hits: 37
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
....of the proceeding. With the above findings and observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ...... No.8254 of 2007 discharging the Rule and vacating the order of stay granted on 30.10.2007. 2. The facts, in short, are that the aforesaid Writ Petition No. 8254 of 2007 was filed challenging the proceeding of Metropolitan Special Case No. 102 of 2007 arising out of Gulshan Police Station Case N..Category: Civil Law | Date: | Hits: 125