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Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
.... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ......ation for withdrawal of the case? 4. Mr. AKM Faiz, learned Advocate, submits that the accused petitioners have acquired a vested right and the impugned order having been passed in a judicial proceeding they have locus standi to challenge the order and, as such, the finding of the learned ..Category: Criminal Law | Date: | Hits: 63
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....appellant following leave is directed against the judgment and order dated 29-8-95 passed by a Division Bench of the High Court Division in Criminal Revision No. 290 of 1991 discharging the Rule of quashing the proceedings in OR Case No. 835 of 1984 arising out of Kotwali PS Case No. 11 (5) 84 p......owing leave is directed against the judgment and order dated 29-8-95 passed by a Division Bench of the High Court Division in Criminal Revision No. 290 of 1991 discharging the Rule of quashing the proceedings in OR Case No. 835 of 1984 arising out of Kotwali PS Case No. 11 (5) 84 pending in the ..Category: Criminal Law | Date: | Hits: 72
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ......e judgment and order dated 20 November 1995 passed by a Division Bench of the High Court Division discharging the Rule in Criminal Revision No. 246 of 1989, and thereby refusing to quash the criminal proceeding pending before the Chief Metropolitan Magistrate, Dhaka against them under sections 420/1..Category: Anti-Corruption Laws | Date: | Hits: 75
Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......ied in the Public Servants (Dismissal on Conviction) Ordinance, 1985 the authority can impose any penalty if the authority decides to punish him under this Rule without drawing up any departmental proceeding or giving an opportunity to the Government Servant to show cause against the proposed pe..Category: Administrative Law | Date: | Hits: 120
Alimuddin and others Vs. State, 1997, 26 CLC (AD)
....s revived by the learned Sessions Judge. 2. The accused-persons moved the High Court Division under section 561A of the Code of Criminal Procedure, Criminal Revision No. 2399 of 1991(D), for quashing the proceedings of the Sessions Case taking the ground that the revival of the case was i......he learned Sessions Judge. 2. The accused-persons moved the High Court Division under section 561A of the Code of Criminal Procedure, Criminal Revision No. 2399 of 1991(D), for quashing the proceedings of the Sessions Case taking the ground that the revival of the case was illegal inasmuc..Category: Criminal Law | Date: | Hits: 74
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
.... of 1991, who by his order dated 26-2-92 rejected that motion upholding the order of the Magistrate. Thereafter the petitioners moved the High Court Division under section 561A Cr. P. C. for quashing the proceeding of the aforesaid OR Case, and obtained Rule, Criminal Revision No. 382 of 1...... by his order dated 26-2-92 rejected that motion upholding the order of the Magistrate. Thereafter the petitioners moved the High Court Division under section 561A Cr. P. C. for quashing the proceeding of the aforesaid OR Case, and obtained Rule, Criminal Revision No. 382 of 1992. A Divis..Category: Criminal Law | Date: | Hits: 87
Nurul Hussain Vs. Government of the Republic of Bangladesh, 1997, 26 CLC (AD)
....mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ...... filed by the petitioner. 2. The petitioner was a District Co-operative Officer who was dismissed from service by order dated 16-11-1990 on the charge of misconduct following a departmental proceeding. Facts of the case have been set out in the order which is the subject matter of the pre..Category: Administrative Law | Date: | Hits: 112
Ashraf Ali @ Asraf Ali Vs. State, 1997, 26 CLC (AD)
....t the petitioner under section 25C (d) of the Special Powers Act and fixed 16-4-90 for witnesses. 2. The petitioner filed Criminal Revision No. 288 of 1990 under Section 561 A Cr. P. C. for quashing the said criminal proceedings and obtained a Rule, but a Division Bench of the High Court ......ion 25C (d) of the Special Powers Act and fixed 16-4-90 for witnesses. 2. The petitioner filed Criminal Revision No. 288 of 1990 under Section 561 A Cr. P. C. for quashing the said criminal proceedings and obtained a Rule, but a Division Bench of the High Court Division by judgment and or..Category: Criminal Law | Date: | Hits: 99
Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)
....No. 26C of 1994 was instituted against the accused-petitioners in the Court of Magistrate, 1st Class, Sadar, South and Narayanganj. The petitioners filed an application under section 561A Cr.P.C. for quashing the proceedings of the said case which was rejected summarily by a Division Bench of the Hi......94 was instituted against the accused-petitioners in the Court of Magistrate, 1st Class, Sadar, South and Narayanganj. The petitioners filed an application under section 561A Cr.P.C. for quashing the proceedings of the said case which was rejected summarily by a Division Bench of the High Court Divi..Category: Criminal Law | Date: | Hits: 149
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......n their name and they have been possessing the same on payment of rent; that having come to know on 28-4-85 the conspiracy of the defendants to dispossess them from the suit land they instituted a proceeding under section 144 of the Code of Criminal Procedure and Ultimately the Upazila Magistrat..Category: Property Law | Date: | Hits: 79
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......1) of section 5 has impliedly repealed article 27 of President’s Order No. 7 of 1973 According to him, after the promulgation of the Act and substitution of section 9 thereof by amendment, no proceeding in Court which was heretofore permissible for realisation of loan under article 27 of P..Category: Business or Commercial Law | Date: | Hits: 117
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......Section 439 of the Code of Criminal procedure, the High Court Division may also suo motu call for the record of the courts subordinate to it and set aside any order passed by such courts in any legal proceeding which has caused miscarriage of justice. 9. It is clear from the judgments of th..Category: Criminal Law | Date: | Hits: 78
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......of section 16 of the Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985, briefly, the Ordinance, to direct payment of any money to be paid under a decree passed by it during execution proceeding. The High Court Division has answered the question in the affirmative and it will be see..Category: Family Law | Date: | Hits: 144
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......petition the cause of action of the appellant for the writ petition had also abated. This assumption, we must say, is not well-founded in law or principle. With the promulgation of Martial Law all proceedings arising out of and in connection with writ petitions under Article 102 of the suspended..Category: Property Law | Date: | Hits: 88
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
.... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ...... inter alia, that they are the member of the aforesaid Chamber of Commerce and Industry and their names have been included in the voter list and, as such, they are necessary parties in the instant proceeding. They have also filed an application for vacating order of stay granted by this Division..Category: Procedural Law | Date: | Hits: 122
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......travenes any of the conditions of service as stated in sub-section (I) shall be liable to disciplinary action including removal from his post by an order of authority which appointed such person on proceeding initiated against him. (3) ………………&helli..Category: Others | Date: | Hits: 85
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......aid now, it should have moved this Division at least for an early hearing of this appeal with could have been done 4/5 years before. It seems that it was nobody’s concern at any stage of the proceeding and to ask for an order of re-trial from this Division after fourteen years of the occur..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ......he became audit and accounts officer in the office of the Director General, Audit and Accounts Training Academy and while working as such the Comptroller and Auditor General drew up a departmental proceeding against him under the Government Servants (Discipline and Appeal) Rules, 1976 on 14-3-78..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......ticipate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceeding, including redress and remedy, shall be provided. Principle 10 above seems to be the ..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ...... It is the right of the heirs of the deceased plaintiff to file in court an application for substitution and a corresponding duty has been cast upon the court to make them parties in the legal proceeding, when the right to sue survives. From the date of acceptance of the appellants’ ap..Category: Property Law | Date: | Hits: 88
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