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Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)
.... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ......Court Division on consideration of the evidence of P.W.1 and the Ext.4 held that pre-emptor on the death of his father inherited 6 decimals of land and he having had gifted the same during the proceeding to his wife ceased to be the co-sharer of the holding and thereupon made the Rule a..Category: Property Law | Date: | Hits: 24
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
....ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ......aneous Case No.15 of 1992 for realization of outstanding dues from the accused petitioner and that the dispute arose out of loan money given to the accused petitioner and as such the criminal proceeding against the petitioner is an abuse of process of the court. 7. He further submits..Category: Criminal Law | Date: | Hits: 44
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ......der No. 23 dated 13.10.2003 passed by the Assistant Judge, Nawabganj in Title Execution Case No. 04 of 2000 rejecting the application of the judgment debtor respondent No. 1 for stay of all further proceedings of Title Execution Case No. 4 of 2000. 2. Respondent Nos. 2-4 as plaintiffs file..Category: Property Law | Date: | Hits: 33
Abu Taleb Vs. State, 2007, 36 CLC (AD)
.... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ......ng there is no necessity for issuing further notice upon him as claimed on behalf of the petitioner and, in such view of the matter, we do not find that the trial Court committed any illegality in proceeding with the case in the absence of the petitioner following the provision of section 27(6A)..Category: Criminal Law | Date: | Hits: 47
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... reads as follows: "12. (1) Where there are more plaintiffs than one, any one or more of them may be authorised by any other of them to appear, plead or act for such other in any proceeding; and in like manner, where there are more defendants than one, any one or more of them ..Category: Property Law | Date: | Hits: 46
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......34 of the Penal Code and sentenced each of them to death. Another accused Md. Sultan Khan has however been acquitted. The learned Additional Sessions Judge after passing the said judgment submitted proceedings to the High Court Division under section 374 of the Code of Criminal Procedure on th..Category: Criminal Law | Date: | Hits: 213
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......ly efficacious remedy is provided by law — (a) on the application of any person aggrieved, make an order ……………………………………….. (ii) declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or ..Category: Business or Commercial Law | Date: | Hits: 135
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......riminal prosecutions. 'Double jeopardy', which has been defined in Black's Law Dictionary, means danger of being convicted and punished more than once on same facts constituting offence in a criminal proceeding only. It is to be seen whether this principle may be extended to punishment of a public s..Category: Constitutional Law | Date: | Hits: 159
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
....st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......y process of manufacture including the packing or repacking of a manufactured product. 13. In the writ petition the respondent only challenged the appellants' order dated 11th July, 1985. In the proceeding no case of seizure, evasion of payment of excise duty or imposition of excise duty came u..Category: Fiscal/Taxation Law | Date: | Hits: 114
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......l, 1984 passed by the High Court Division, Sylhet Bench in Civil Revision No. 55 1983). Judgment ATM Afzal J. - This appeal by leave at the instance of the Pre-emptee-appellants arises out of a proceeding under section 96 of the State Acquisition and Tenancy Act, 1950 and is directed against t..Category: Property Law | Date: | Hits: 47
Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dhaka, Bangladesh and others, 1989, 18 CLC (AD)
....as deprived of procedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ......ka, Bangladesh and ors...………….Defendant- Respondents Judgment May 2, 1989. Result: The petition is dismissed. The Sonali Bank (Staff) Service Rules 40 & 42 Disciplinary proceeding The decision of the Board of Directors to remove the petitioner from service amounts t..Category: Employment/Service Law | Date: | Hits: 98
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ...... given due consideration to the question as to balance of convenience and inconvenience, nature of the decree and submissions made on behalf of both the parties and took the view that the execution proceedings should not be stayed. We do not think that the discretion has been wrongly exercised. ..Category: Civil Law | Date: | Hits: 117
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......itted by the appellate Court and at that stage trouble arose between the parties over the possession of the land of schedule 'Ka' 'Kha', and 'Ga', that at the instance of plaintiff No.2 a proceeding under section 144 of the Code of Criminal Procedure was started but later on same was c..Category: Property Law | Date: | Hits: 67
Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)
.... that it cannot be said that no proceeding lies against the petitioner under the aforesaid provision of law nor the case is barred by law. In such view of the matter we find that the materials for quashing the proceeding are lacking and as such we do not find any fault with the judgment and orde......ered the submissions made by the learned Advocate and perused the materials on record. On perusal of the materials including the police report we are of the view that it cannot be said that no proceeding lies against the petitioner under the aforesaid provision of law nor the case is barred..Category: Criminal Law | Date: | Hits: 52
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......003. 6. So, we do find any provision to show that final assessment is to be made on the basis of the current market value after Gazette publication of notice under section 93A 4(h), the proceeding under the contempt Act is a quasi criminal proceeding. When it appears to us that there ..Category: Property Law | Date: | Hits: 33
Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)
....sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......of Sections 87/88 of the Code of Criminal Procedure has no leg to stand. 5. It may be stated that Section 87 of the Code provides for issuing proclamation for person absconding in a criminal proceeding and Section 88 of the Code of provides for issuing order of attachment of property of pe..Category: Criminal Law | Date: | Hits: 42
Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)
....ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ......004) Judgment: M.A. Aziz J. - This petition for leave to appeal by the first party in a proceeding under section 145 of the Code of Criminal Procedure is from the Judgement and order date..Category: Criminal Law | Date: | Hits: 70
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......p; Amirul Kabir Chowdhury, J.- The delay is condoned. Falzul Kader Chowdhury Second party in a proceeding under section 145 of the Code of Criminal Procedure being petitioner prefers this petit..Category: Procedural Law | Date: | Hits: 154
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
.... to innocence or otherwise of the accused petitioner and so at this stage we do not find any ground to lay our hands to quash the proceeding. 10. Let it be reiterated that the law as to quashing of a criminal proceeding has already been settled long back. If the statements made in the......ely an abuse of the process of the court. 7. He further submits that the accused petitioner is absolutely innocent of the charge leveled against him and further prolongation of the proceeding against him is, therefore, an abuse of the process of the court. 8. We have consi..Category: Criminal Law | Date: | Hits: 57
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ......n 11.2.70. Against that dismissal order a Second Appeal No.28 of 1972 and the said appeal was summarily dismissed upholding the settlement in favour of the plaintiff-respondent No.1. Thus the proceeding of the settlement case in favour of plaintiff-respondent No.1 was started earlier a..Category: Property Law | Date: | Hits: 35
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