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Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......cate Commissioner to deliver possession. But the learned Joint District Judge by order dated 03.09.2002 allowed the amendment petition and vacated the order of stay and passed necessary orders for proceeding with the Title Execution Case No. 18 of 1980. The judgment-debtors, however, filed an ap..Category: Procedural Law | Date: | Hits: 93
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......bmits, inter alia, that the dispute between the parties is of Civil nature and as such framing of charge against the petitioner under section 420 of the Penal Code is illegal and the criminal proceeding itself being not maintainable it is liable to be quashed and the High Court Divisio..Category: Criminal Law | Date: | Hits: 30
S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
.... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ......nto operation on 06.07.1999 and as such the lodgment of the complaint and taking cognizance of the offence and framing charge against the petitioner and the trial itself are all illegal and hence the proceeding is liable to be quashed. 4. Being permitted the learned Advocate refers to the additio..Category: Criminal Law | Date: | Hits: 36
Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
....has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ......o consider that sanction of the appropriate Government is a pre-requisite for prosecution of the public servant like accused petitioner and that the High Court Division is wrong in saying that the proceeding of a case starts with framing of charge. 5. He further submits that after taking ..Category: Criminal Law | Date: | Hits: 39
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......ciency, good conduct, character, integrity, sense of value, honesty and temperamental suitability……………..(24) A person being an accused in a criminal proceeding or he is under suspension in connection with departmental proceeding or otherwise, his c..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......fore it. Section 151 C.P.C. is not substantive provision in the sense of conferring any right to get any relief of any kind. But it is a mere procedural Provision which enables a party to have proceedings of a pending suit conducted in a manner consistent with justice and equity. The in..Category: Civil Law | Date: | Hits: 119
Abul Hashem Vs. State, 2006, 35 CLC (AD)
....tried by the Special Tribunal under the Ordinance in view of repeal of the said Ordinance on 17.7.1995 and as such, according to the learned Advocate, the High Court Division committed error in not quashing the proceeding. 5. Section 29 of the Act runs as follows:- "29 Ordi......the Special Powers Act, 1974 took cognizance of the offence, to try the case. 3. The petitioner filed an application under section 561A of the Code of Criminal Procedure praying to quash the proceeding. The High Court Division by the impugned judgment and order discharged the Rule. ..Category: Criminal Law | Date: | Hits: 30
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......Nalini took away unregistered deed of gift from her and did not return the same but she did not take any step for recovery of deed of gift from Nalini, that from the papers relating to the revenue proceeding it is seen that the unregistered deed of gift was not produced before the said authority..Category: Property Law | Date: | Hits: 23
Shahabuddin Vs. State, 2006, 35 CLC (AD)
.... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ......ascendance till 20.01.2003 on which dated he arrested was produced before the court. Thereafter he preferred an application under Section 561A of the Code of Criminal Procedure praying to quash the proceeding, which was registered as Criminal Miscellaneous Case No. 12022 of 2003 and a Division Be..Category: Criminal Law | Date: | Hits: 45
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ...... an affidavit-in- opposition denying the allegations made in the writ petitioners. 5. The High Court Division after hearing the parties made the rule absolute declaring the departmental proceeding against the writ petitioner-respondent as illegal. Hence is this petition. ..Category: Others | Date: | Hits: 97
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......Order 1973 (President's Order No. XXVII of 1973). The respondent entered into the service of the then Pakistan Agricultural Development Bank in 1959 as a Class II Officer. Following a departmental proceeding on the allegation of violating the Bank's Service Regulation the respondent was compulso..Category: Administrative Law | Date: | Hits: 90
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ...... Other Class Suit No. 41 of 2000 relief has been sought for setting aside the decrees that were passed in Other Class Suit No. 37 of 1987, although earlier the Respondent No.1 and others initiated proceedings to get the preliminary decree passed in the said suit set aside but they were unsuccess..Category: Civil Law | Date: | Hits: 122
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
.... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ......ere is no categorical or specific allegation as to which provision of law or the constitution has been violated. 10. The High Court Division discharged the Rule mainly on the ground that the proceeding before the Labour Court was started by the respondent No.3 on receipt of an application ..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......but the same was not returned to the appellant. The appellant as allottee having had not paid rent a certificate case was initiated against it. The appellant challenged legality of the certificate proceeding by filing a suit but ultimately the appellant was not successful upto this Division. Whi..Category: Property Law | Date: | Hits: 38
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......the defendant No.1 threatened him to dispossess and thereupon he filed Criminal Miscellaneous Case No. 89 of 1975 under Section 144 of the Code of Criminal Procedure on June 11, 1975; and the said proceeding was made absolute. Thereupon the defendant No.1 filed Title Suit No. 626 of 1975 in the ..Category: Property Law | Date: | Hits: 48
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......inst him as the same is barred under the law and the Magistrate upon hearing enlarged the petitioner on bail and fixed the date for hearing as to framing of charge. 4. Against the aforesaid proceeding of G.R. Case, the accused-petitioner moved the High Court Division in Criminal Revision ..Category: Criminal Law | Date: | Hits: 37
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......e said decree in order to get possession of their respective sahams as allotted by the learned Munsif, in preliminary decree. The petitioner filed an application for stay of the further proceedings of the said execution case and dismissed the same under Order 21 rule 29 r..Category: Property Law | Date: | Hits: 34
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....2000 of a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 3493 of 1995 registered upon an application filed under section 561A of the Code of Criminal Procedure seeking quashing of the proceedings of Case No. 520(1) of 1995 under sections 467/479/109 of the Penal Code,......on Bench of the High Court Division in Criminal Miscellaneous Case No. 3493 of 1995 registered upon an application filed under section 561A of the Code of Criminal Procedure seeking quashing of the proceedings of Case No. 520(1) of 1995 under sections 467/479/109 of the Penal Code, pending in the ..Category: Criminal Law | Date: | Hits: 48
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......ept in an exceptional ease the extra judicial confession of an accused on being apprehended is not voluntarily made and hence keeping that circumstance in view the Court is required to be cautious in proceeding to find an accused guilty of an offence on the basis of such extra judicial confession. U..Category: Criminal Law | Date: | Hits: 63
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......ction on the ground that it was "a transaction under involuntary circumstances and as such was voidable in its nature". Therefore, the view was taken that such question cannot be considered in this proceeding. Having considered this proposition the High Court Division then observed: "In this co..Category: Fiscal/Taxation Law | Date: | Hits: 80
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