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Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ...... Division in Civil Revision No. 407 of 1985). Judgment: Mustafa Kamal J.- Some time after a proceeding under section 145 Cr.P.C. was drawn up against the appellant in this appeal by leave and..Category: Property Law | Date: | Hits: 81
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
.... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ...... consumption of electricity. The appellant responded by filing a writ petition, No. 1046 of 1989, on 11.9.89 and obtained an order of stay of realisation of the impugned electric bills and further proceedings of the said criminal case. It appears that the stay order was subsequently vacated but ..Category: Criminal Law | Date: | Hits: 71
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....n Ahmed CJ.- This appeal by leave calls in question an order of the High Court Division dated 30 October 1991 summarily dismissing the accused-appellant's application under section 561A Cr.P.C. for quashing a criminal proceeding against him. 2. The proceeding in question arises from a Com......eal by leave calls in question an order of the High Court Division dated 30 October 1991 summarily dismissing the accused-appellant's application under section 561A Cr.P.C. for quashing a criminal proceeding against him. 2. The proceeding in question arises from a Complaint Case CR No. 39..Category: Criminal Law | Date: | Hits: 43
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......ocument. 3. Mr. Moksum‑ul-Hakim, learned Advocate for the pre-emptee-petitioner, submits that the pre- emptee-petitioner's father Afazuddin died during the pendency of the pre-emption proceeding and thereby the pre-emptee-petitioner became a co-sharer in the case holding. It is his ..Category: Property Law | Date: | Hits: 56
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......rt. He further submitted that upon a wrong view of the law and the facts of the present case it was erroneously held that the joinder of the scheduled and non‑scheduled offences vitiated the entire proceeding. 18. Mr. Serajul Huq, learned advocate for respondent, however, supported the findings..Category: Criminal Law | Date: | Hits: 132
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ......ted 9-10-58 without giving any notice to him. It was contested by opposite parties Nos. 2 and 4 of the said miscellaneous case which was dismissed by the learned Munsif on 29-8-59 holding that the proceeding is bad for defect of parties as Amena, sister of Somartaban Bibi was not made a par..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......District Judge, agreeing with the trial Court that section 96 of the State Acquisition Act was applicable in this case, held that no sharer tenants were necessary parties who were added in the proceeding beyond the period of four months prescribed under section 96 of the State Acquisition A..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......ition which regulates it. Namely, that the case must involve a substantial question of law as to the interpretation of the constitution, the Supreme Court would strike it down in termination of the proceeding which had been allowed to commence without any foundation and on a wrong lead". ..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....Hamida and to each of her children. Against this order the respondent moved the Sessions Judge under section 438 of the Code of Criminal Procedure for making a reference to the High Court for quashing the order. The Additional Sessions Judge, Dacca, who heard the parties on the aforesaid a......tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....produced. 18. The next question that arises for consideration is whether to the facts and circumstances of this case the order passed by the learned Judges of the High Court Division in quashing the proceedings against the respondents in exercise of the power under section...... five others. The residents of Criminal Appeal No. 12 of 1973, they were not ordered to be released on bail. The learned Judges made the two rules absolute on 31-5-73, quashed the proceedings in Daulatpur P.S. Case No.27 and also in the connected G.R. case so far as..Category: Criminal Law | Date: | Hits: 125
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......der section 34 pending a reference to arbitration, the second defendant filed a separate petition praying that pending the decision on the first defendant's petition under section 34 further proceedings in the suit against it be stayed on the ground that it was a mere agent of the first d..Category: Civil Law | Date: | Hits: 110
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ......dulged in anti‑Bangladesh propaganda and appealed to some Muslim countries not to recognise Bangladesh. The truth or otherwise of the authors' views or statements cannot be verified in this summary proceeding. Advisedly the learned Attorney ‑General did not place those books before this Court. I..Category: Immigration and Citizenship Law | Date: | Hits: 522
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ......the pre-emptee is that, the case is barred by limitation as the same was not filed within 4 months from the date of knowledge. 4. Leave was granted to consider whether the pre‑emption proceeding was barred by limitation by 22 months from the date of knowledge of the registration of ..Category: Property Law | Date: | Hits: 85
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
.... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ...... 1992, the Thana Magistrate framed charge against the appellant under sections 406/420 of the Penal Code. By the impugned order dated January 10, 1993, the High Court Division refused to quash the proceeding in Criminal Revision No. 99 of 1993. 3. The appellant's contention is, that on th..Category: Criminal Law | Date: | Hits: 70
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ...... of a suit cannot be adjourned for more than three times and the suit has to be disposed of within six months from its institution. Section 6 provides that subject to the provisions of section 7, the proceeding, order, judgment and decree of an Artha Rin Adalat cannot be questioned before any Court ..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... had only been partly paid and the demand was made for the non‑paid portion subsequent to the marriage it was held by Calcutta High Court that section 4 will prima facie be attracted (in a case for quashing a proceeding). (Lajpat Rai Sehgal Vs. State 1983 Criminal Law Journal, 883). 12. Difficu......een partly paid and the demand was made for the non‑paid portion subsequent to the marriage it was held by Calcutta High Court that section 4 will prima facie be attracted (in a case for quashing a proceeding). (Lajpat Rai Sehgal Vs. State 1983 Criminal Law Journal, 883). 12. Difficulty arises ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......Taka 37.71 lakh and some odd in addition to the amount already paid. Respondents-land owners filed Execution Case No. 24 of 1986 for realisation of the amount of compensation and in that execution proceedings the appellant appeared and prayed for time to pay the decretal amount. But on 5 May 198..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......he provisions of section 141 of the Code of Civil Procedure providing that "the procedure provided in this Code in regard to suits shall be followed as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction", apply in terms to proceedings in writ in the..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......a relief not sought by the petitioner could be granted by the court and whether a writ for mandamus would lie for enforcement and in the event of non‑compliance of such writ whether contempt proceeding could be initiated validly. The learned Attorney‑General has relied on the followi..Category: Constitutional Law | Date: | Hits: 157
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ......uit is barred under section 42 of the Specific Relief Act and the plaintiffs have no subsisting interest in the disputed property and that the plaintiffs were properly represented in the execution proceeding in question and all the processes were properly served. 3. The trial Court d..Category: Property Law | Date: | Hits: 130
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