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Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
....asrin Chowdhury, Ahmed Chowdhury and Nasiruddin. The case was registered as Special Case No.1 of 2005, pending in the Court of Senior Special Judge, consisting of the Sessions Judge, Sylhet. For quashing the proceeding of that special case, so far as it relates to the petitioner him on the......ry, Ahmed Chowdhury and Nasiruddin. The case was registered as Special Case No.1 of 2005, pending in the Court of Senior Special Judge, consisting of the Sessions Judge, Sylhet. For quashing the proceeding of that special case, so far as it relates to the petitioner him on the grounds, (1)..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ......Razzaque with Fahad Mahmood Khan - For the Respondent No.2. Writ Petition No.8963 of 2010. Judgment Zinat Ara J.- In this Rule Nisi, the petitioner has challenged the legality of the proceeding of Money Decree Execution Case No.08 of 1995 pending before the Artha Rin Adalat No.2, D..Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......f the respondent Nos. 1-3. Leave was granted to consider on two points, namely; the defect of parties and the limitation. 3. Short facts which gave rise to the institution of the pre-emption proceeding are as follows: 4. Elahi Box and Abdul Malek Mollah are owners of the case holding in ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......tion between crossed cheque “account payee” or cheque of other kind such as ‘bearer cheque’ as we ordinarily mean. Section 123A of the Act, 1881, in no way, creates any bar in proceeding with a case under section 138 of the Act, 1881. There is no nexus of section 123A with th..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Nazir Vs. State, 2011, 40 CLC (HCD)
....her no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the charge. 13. Similar view on the principles and categories of cases for quashing the proceeding was, subsequently, followed in many cases including the cases of Ali Akkas V...... The Rule is discharged. No time bar for section 561A It is pertinent to note that the inherent power under section 561A of the Code of Criminal Procedure can be invoked at any stage of proceeding even after the conclusion of trial, if it is necessary to prevent the abuse of the court ..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......00 at the instance of a complainant, is directed against order dated 7.7.2008 passed by the Nari-o-Shishu Nirjatan Daman Tribunal, Patuakhali in Nari-o-Shishu Case No.185 of 2004 stopping all further proceedings of the case. 2. Facts leading to this appeal, in short, are that the appellant filed ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ...... 1st Court, Dhaka, in Artha Execution Case No. 682 of 2005, should not be declared to have been passed illegally, without lawful authority and is of no legal effect." By the Rule issuing order the proceeding of the said Execution Case was stayed initially for 3(three) months and subsequently exte..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......- This rule under section 561A of the Code of Criminal Procedure (the Code), at the instance the accused-petitioner, has been issued calling upon the opposite party to show cause as to why the entire proceeding of Special Case No.89 of 2002 arose out Motijheel Police Station Case No.54 dated 17-06-2..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....mpugned judgment and order of conviction and sentence should be quashed. 10. Mr. K.M. Zahid Sarwar, learned Deputy Attorney General strenuously opposes the rule and submits that the petition for quashing of conviction and sentence under Section 561A of the Code of Criminal Procedure is not main......cord is to be considered as of no evidence. Further she submits that the apex court of this country has formulated some categories of cases where the High Court should interfere to quash the criminal proceeding and in the decision passed in the case of Abdul Quader Chowdhury and others Vs. The State..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....authorized, is maintained.
No order as to costs.
This Case is also Reported in:
......ffairs of the Republic or of a local authority to refrain from doing that which he is not permitted by law to do or to do that which he is required by law to do; or
declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or ..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357.......n Ahmed, Advocate - For the complainant opposite party no. 2. Criminal Miscellaneous Case No. 19057 of 2010 (An application u/s 561A of the Code of Criminal procedure, 1898 for quashment of the proceedings of the session case No. 1832 of 2009 u/s section 138 of the Negotiable Instrument Act, 1..Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
..... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ......the instance of the accused-petitioner, a Rule under section 561A of the Code of Criminal Procedure, 1898 (the Code) has been issued calling upon the opposite parties to show cause as to why the proceedings of the Special Case No.4 of 2008, arising out of Paltan Police Station Case No.89 dated ..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ......certificate in favour of the defendant No.7. The suit having filed after 5 years of said transfer is barred by limitation. e) The plaintiff after getting defeated in the High Court Division in a proceeding under section 158 of the Company Act got no locus standi to file the instant suit. The de..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......ved the invoice through which the receipt of the bunker by the master and chief engineer of the vessel has been proved, the maritime lien accrued against the vessel can be satisfied through the legal proceeding against the vessel itself in rem and as such the Admiralty Suit No. 27 of 2009 is maintai..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......is innocence, and declined to adduce any evidence in defense. The defense case, as it transpires from the trend of cross-examination that the appellant was innocent; he was released in a departmental proceeding on the self same allegation; he was not in charge of the godown at any point of time and ..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......19-4-1999 to 23-5-1999 but the FIR was lodged on 9-8-2007 long after 9 (nine) years without giving any explanation. He finally submits that as per section 17 of the Building Construction Act, 1952 no proceeding shall lie against the government servant in respect of anything done in good faith. ..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
.... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ...... the present appellants started Execution Case No. 20 of 1985 for Execution of the judgment and decree dated 30-11-1977 passed in other class Suit No. 41 of 1974 (exhibit-'ka’) and the proceeding of that case was stayed. It was the further case of the plaintiff respondent that before ..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
.... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ......allowed to receive judicial approval from any Court of law whenever it is obtained by practicing fraud upon the Court; reason being fraud demolishes the very foundation of sanctity of such judicial proceeding. It is also established principle of law that fraud vitiates all judicial proceedings. ..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Major (Retd.) Nurullah and another Vs. State and Bother, 2011, 40 CLC (HCD)
.... Criminal Miscellaneous Order No.7369 of 2011. Judgment Syed Md Ziaul Karim J.- By this application, under section 561A of the Code of Criminal Procedure the petitioners seek quashing of the proceedings of Nari-o-Shishu Nirjatan Daman Case No.87 of 2009 arising out of Kafrul......inal Miscellaneous Order No.7369 of 2011. Judgment Syed Md Ziaul Karim J.- By this application, under section 561A of the Code of Criminal Procedure the petitioners seek quashing of the proceedings of Nari-o-Shishu Nirjatan Daman Case No.87 of 2009 arising out of Kafrul Police Station ..Category: Women and Children | Date: 8 Mar, 2011 | Hits: 90
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....h Bank has committed an illegality in passing the impugned order relieving the petitioner, but even then this Court may not exercise its discretion in favour of the petitioner, if it is found that by quashing the illegal order another illegality would be fostered. Unfortunately, we have already foun......e same time. No subordinate/delegated legislation can be made before enacting or promulgating, as the case may be, its parent law. Therefore, if the parent law expressly provides that any act done or proceeding taken under the parent law shall be guided or regulated by the subordinate law to be made..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
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