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Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)

....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ctable criminal event and forcibly detained the petitioner, an acutely heart patient in the hotel lobby of the Pan pacif­ic Sonargaon Hotel. 7. That the said event gave rise to multiple criminal proceedings including Ramna Police Station G.D. No. 1611 dated 19.6.2001 under section 342/384/506 o..

Category: Banking Law | Date: | Hits: 185

S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)

....1 vide order dated 15.11.1999 fixing next date on 15.12.1999 for further order and at that stage Respondent No.1 moved the High Court Division under section 561A of the Code of Criminal Procedure for quashing and obtained the Rule on 21.5.1999 and also got the further proceedings of the C.R. Case No...... the petitioner seeks leave to appeal against the judgment and order dated 9.2.2003 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.2788 of 2000 quash­ing the proceedings which was started against the respondent Nos.1 and 2 in G.R. Case No. 4690 of 1999 on an..

Category: Criminal Law | Date: | Hits: 50

Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)

....risdiction will depend upon the facts and circumstances of each case. Some categories of cases may also be indicat­ed where the inherent jurisdiction can and should be exercised for quashing the proceed­ing. A third category of cases in which the inher­ent jur......de against the accused would not be sustained. Broadly speaking that is the nature and scope of the inherent jurisdiction of the High Court under Section 561A in the matter of quashing criminal proceedings." 9. We have already noticed that the case before us cannot be regarded..

Category: Criminal Law | Date: | Hits: 55

Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)

....h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dis­missed without any order as to costs. Ed. ......ioned by us at the outset. 5. In support of the appeal, Mr. Abdur Razzaque Khan learned Additional Attorney General submits, inter alia, that since the writ petitioner did not challenge the proceeding of the Vagrancy Act the impugned direction made by the High Court Division is illegal. R..

Category: Constitutional Law | Date: | Hits: 150

Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)

....ereinabove the con­tentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed....... of a particular tenant from a partic­ular premises would not be refused only because in the same locality or in the same building the landlord has other shops which have been let out and instead of proceeding against the others the land lord proceeding the shop in suit, but that would not disentit..

Category: Tenancy Law | Date: | Hits: 180

Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)

.... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ...... for khas possession and for eviction of the monthly tenants of the defendant-peti­tioner. 3. The petitioner being defendant No.3 in Title Suit No. 64 of 1992 filed an application to stay proceeding of the suit till disposal of the aforesaid Title Suit No. 213 of 1979 con­tending th..

Category: Procedural Law | Date: | Hits: 105

Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)

.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......ndant No. 1 and the Chairman, Cadet College Council and Adjutant General Bangladesh Army Adjutant Branch, Bangladesh Army Head Quarter, Dhaka as defendant No. 2. 10. As the law is that legal proceeding against the Cadet College, which is a body corporate, is to be brought against the said ..

Category: Employment/Service Law | Date: | Hits: 113

Mahabubul Goni Vs. State, 2005, 34 CLC (AD)

....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......Rahman, learned Senior Advocate submits, inter alia, that the accused petitioner having 75% share in the company the remedy of the respondent No.2(complainant) lies in Company Court and as such the proceeding against the petitioner is an abuse of process of the court and that the learned Magistra..

Category: Criminal Law | Date: | Hits: 29

Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)

....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......nce with the provision of these rules." He submits that unless any pro­ceedings under the 1994 Rules were pending at the commencement of 1985 Rules (the 20th August, 1985) the proceedings cannot be continued and disposed of in accordance with the provisions of 1985 Rules. Th..

Category: Criminal Law | Date: | Hits: 33

Golam Sarwar Hiru Vs. State and other, 2002, 31 CLC (AD)

....rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ......irected against the judgment and order dated 4th July, 2001 passed by a Single Bench of the High Court Division in Criminal Miscellaneous Case No. 1493 of 1995 discharging the Rule arising out of the proceedings of the Criminal Case No.561 of 1993 under Section 420 of the Penal Code pending in the C..

Category: Criminal Law | Date: | Hits: 92

State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)

....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......Ali who were sleeping with the deceased in the south bhiti hut of the house and thereupon inmates of the other huts of the house (P.Ws.1, 4, 10 and 11) came out of their huts with hurricane and while proceeding towards the hut of the deceased they saw 6 (six) accused (respondents herein) and accused..

Category: Criminal Law | Date: | Hits: 44

Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)

....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......ing him as Mutwalli, the High Court Division has not committed any illegality rather has done justice to the Waqf Estate and to the respondent in particular. Amendment can be made at any stage of a proceeding and once allowed it takes effect from the date of filing of the writ petition and by al..

Category: Trust/Waqf Law | Date: | Hits: 199

Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)

....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......of status quo. The lower appellate Court did not at all consider such vital question of the suit. It is now well settled that if a party is dispossessed from the suit land during the course of the proceeding the Court is not only entitled but also duty bound to restore such party to possession i..

Category: Property Law | Date: | Hits: 28

Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)

....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ...... what the trial court ought to have done but was duty bound to take steps for any offences affecting the administration of justice and chapter XXXV of the Code of Criminal Procedure is meant for such proceeding and therefore the High Court Division has done the very thing which the trial court ought..

Category: Property Law | Date: | Hits: 75

Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)

....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 82. ......nd 72 of 2001 against the respondents for violating the order of stay dated 21.6.2001 and rules were issued directing the Chairman and Managing Director of the Bank to show cause as to why contempt proceedings should not be drawn up against them (Annexure-K, K-1, K-2 and K-3). The respondents aga..

Category: Business or Commercial Law | Date: | Hits: 147

Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)

.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereun­der. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......onstitution. We need not ex­amine the merit of the legislation or the motive be­hind it. Motives of the majority party in the legisla­ture in passing an enactment or its merits are non issues in a proceeding under Article 102(1) of the Constitution when the constitutionality of an enact­ment is ..

Category: Constitutional Law | Date: | Hits: 170

Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)

....ide the uncontested elec­tion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......and no interference with any stage of the process was warranted and observed: "a bare reading of the Ordi­nance and Rules will show that at no intermediate stage the legislature contemplated any proceeding which will unduly retard or obstruct the process of election". 12. The learned Single ..

Category: Election Law | Date: | Hits: 173

Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)

....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......ns 283 & 211 Respondent claiming to have entered into an agreement of sale with the deceased filed a suit for specific performance of contract and wants to be added as a party in the probate proceeding brought by the appellant of the will left by the deceased. The question is whether she is..

Category: Property Law | Date: | Hits: 80

Nurjahan Begum Vs. State, 1989, 18 CLC (AD)

....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......omes into question. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question." Such a statement is called "dyin..

Category: Criminal Law | Date: | Hits: 50

Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)

....for mak­ing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......of the property, and its right and interest to the property cannot be questioned after 14 years and that the school is functioning as a High School since 1980 and it cannot be evicted in this summary proceeding. 6. Along with his affidavit-in-reply the appel­lant filed a certified copy of the pr..

Category: Property Law | Date: | Hits: 32