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Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ...... to pass specific order of Civil imprisonment for a specific period.………………(10) There must be a distinction between the accused of a criminal case and the Judgment-debtor of any Civil proceeding. Even if any Civil imprisonment under section 34(1) of the Artha Rin Adalat Ain, 2003 w..Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ......n J.- This rule under section 561A of the Code of Criminal Procedure (the Code) has been issued at the instance of the accused-petitioner calling upon the opposite parties to show cause as to why the proceedings of Sessions Case No. 458 of 2008 arising out of C.R. Case No.763 of 2008 under section 1..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)
....on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ......o that Court". "21. (1) Save as aforesaid, an appeal from a decree or order of a Joint District Judge shall lie (a) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed five lac taka. (b) To..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
.... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1....... are empowered to undertake alternative dispute resolution, rather than adjudication, for example through arbitration or conciliation. Under the Code of Civil Procedure the parties may in a mediation proceeding select as mediator a person who is not a judge and under the Family Courts Act the Court ..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......is not applicable for a decree obtained by practicing fraud. He submits that the plaintiff of this suit was impleaded as defendant No.3 in the Artha Rin Suit No.35 of 1996 but he was not aware of the proceedings of the suit, as no summons or notices were served upon him. In elaborating his submissio..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
....e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ......ary Mr. SS Sarker, the learned "Deputy Attorney-General appearing on behalf of the state submits that the prosecution proved their case against the appellants beyond all reasonable doubt by proceeding sufficient and reliable evidence. He further submits that the prosecution examined as may..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
....ndant Nos.1-3 Md. Nurul Haque
Sheikh is added as defendant No.5 in the suit.
Let a copy of this Judgment be sent
down at once.
This Case is also Reported in: 17 MLR (HCD) (2012) 409. ......
In exceptional facts and
circumstance, if the presence of a stranger to the contract is necessary for
effective and complete adjudication of the issues and to avoid multiplicities
of suit and proceeding, he may be added as defendant in the suit by the Court
in exercise of its judicial discr..
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
.... Being aggrieved by the order dated 5-5-2009 framing charge against him, the accused-petitioner preferred this application under section 561A of the Code of Criminal Procedure before this Court for quashing the proceeding and obtained the Rule. 12. Mr. Anisul Huq along with Mr. Md. Aminul Islam...... was issued on 16-3-2010 upon an application filed under section 561A of the Code of Criminal Procedure calling upon the opposite party No.2 and Deputy Commissioner, Dhaka to show cause as to why the proceeding of Metropolitan Sessions Case No.1901 of 2009 arising out of CR Case No.4131 of 2008 (Sou..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
....he drawer of the cheque can only be adjudicated in the trial and as such the proceeding cannot be quashed for factual aspect of a case. Whatever the defence case might be, that cannot be the basis of quashing the proceedings initiated against the petitioner when it is proved that the alleged cheque ......rs - For the Petitioner. Nizamul Haque Nazim, Assistant Attorney General - For the State. Criminal Miscellaneous Case No. 14286 of 2007 (An Application u/s 561A Cr.P.C for quashment of proceedings u/s 138 of the Negotiable Instruments Act, 1881 in session case No. 161 of 2007 pending ..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....Result: The rule is made absolute. Conditions to be fulfilled for bringing a case for quashment proceeding To bring a case within the purview of section 561A for the purpose of quashing a proceeding one of the following conditions must be fulfilled. (1) Interference eve......ate and another..............Opposite-Parties Judgment April 22, 2010. Result: The rule is made absolute. Conditions to be fulfilled for bringing a case for quashment proceeding To bring a case within the purview of section 561A for the purpose of quashing a p..Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
.... of 2008 discharging the Rule. 2. The accused-petitioner filed Criminal Miscellaneous Case No.5017 of 2008 under Section 561A of the Code of Criminal Procedure before the High Court Division for quashing the order dated 19.11.2007 passed by the Metropolitan Special Tribunal No.1, Dhaka in Metro......ake cognizance of such offence except with the previous sanction of the Government. The object of Section 197 is to protect a Judge or any public servant against vexatious, frivolous or irresponsible proceedings for acts done in the discharge of his official duty or purport to act in the discharge o..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ......ed by Annexure-A to the writ petition, requiring submission of statement of assets and properties standing in the name of the writ petitioner or his wife or in the name of his dependents; and why the proceedings to Kotwali P.S. Case No.68 dated 31.10.2007 filed under sections 26(2) and 27(1) of the ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ......udgment Md. Imman Ali J.- This Rule Nisi was issued upon an application by the petitioner under Article 102(2)(a)(ii) of the Constitution calling upon the respondents to show cause as to why the proceedings of the Special Case No.6 of 1008 corresponding to Metropolitan Special Case No.117 of 20..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....ion’s decision in the case of Mahmuda Rahman Vs. Bangladesh (49 DLR 133), where it was explicitly held that rejection of writ petitions on ground of availability of alternative remedy by way of quashing of the proceedings can not be a bar against the same criminal proceedings when the very leg......that prior to the filing of the instant writ petition, the Petitioner filed an abortive application before this Division, invoking Section 561A of the Code of Criminal Procedure, challenging the same proceeding. The filing of that application, however, preceded the framing of charges, though that mo..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... First Information Report (FIR), dated 27th March 2002, invoking Sections 409, 418, 217, 218, 109 of the Penal Code, and Section 5 (2) of the Prevention of Corruption Act 1947, which set the criminal proceeding concerned, rolling. The verbatim text of the FIR is reproduced below; প্রা..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......a First Information Report (FIR), dated 27th March 2002, invoking Sections 409, 418, 217, 218, 109 of the Penal Code and Section 5 (2) of the Prevention of Corruption Act 1947, which set the criminal proceeding concerned, rolling. The verbatim text of the FIR is reproduced below; প্রা..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
......008.
Judgment
Md. Imman Ali J.- These two Writ Petitions at the instance of the respective petitioners under Article 102(2)(a)(ii) of the Constitution challenge the continuation of the proceedings of 15 cases brought against them, which arose out of Motijheel (D.M.P) P.S. Case No.140 ..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......………….(32) The Children Act, 1974 (Act No. XXXIX of 1974); sections 17, 46 Section 17 of the Children Act prohibits the publicity in relation to any child who is involved in any case or proceeding in any Court under the Children Act, which leads directly or indirectly to the identifica..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ......g retrospective effect of any existing law. Therefore, the Bankruptcy Act, 1997 is not a retrospective legislation but a prospective legislation, which got no manner of application upon any pending proceeding arising out of any suit prior to the promulgation of the Act.………………(12, 14,..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
....L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ......ned Advocate appearing for the opposite parties on the other hand submitted that the learned appellate Court on consideration of the evidence and materials on record rightly held that in a preemption proceeding the correctness of the disputed khatian cannot be inquired into and as such rightly held ..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
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