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Shahid Miah Vs. State, 2000, 30 CLC (AD)

.... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ..................................Respondent Judgment May 14, 2000. Result: The petition is dismissed. The Code of Criminal Procedure, 1908 (V of 1898), Section 561A Where criminal proceeding has been initiated legally in a competent court and it cannot be shown that such criminal..

Category: Criminal Law | Date: | Hits: 109

State Vs. Nurul Islam, 2006, 35 CLC (AD)

....esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned.  Ed ......zi Abdur Rouf, officer in charge, Dhamodya Police Station District Shariatpur lodged an ejhar with the said Police Station alleging that on 11-1-93 at about 09.00 A. M. one Monowar Hossain Bepari was proceeding towards Dhamodya from Bhedorganj on his way to Banaripara by rickshaw of one Babul Bepari..

Category: Criminal Law | Date: | Hits: 106

Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)

....rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dis­missed. Ed. ......ional Special Judge, Adamdighi, Rajshahi for trial. 3. The petitioner filed an application before the High Court Division under Section 561A of the Code of Criminal Procedure praying to quash the proceedings and the High Court Division after hearing the parties discharged the Rule and hence is t..

Category: Anti-Corruption Laws | Date: | Hits: 94

Enamul Haque Vs. The State, 2006, 35 CLC (AD)

....agistrate on receipt of the same took cognizance accordingly.  3. Being aggrieved the petitioner moved the High Court Division under Section 561A of the Code of Criminal Procedure seeking quashing of the proceedings. The High Court Division after hearing the par­ties by impugned judg......eipt of the same took cognizance accordingly.  3. Being aggrieved the petitioner moved the High Court Division under Section 561A of the Code of Criminal Procedure seeking quashing of the proceedings. The High Court Division after hearing the par­ties by impugned judgment and order d..

Category: Criminal Law | Date: | Hits: 81

Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)

....ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ...... of Corruption Act, 1947 (Act II of 1947) for alleged embezzlement of the money of the bank and for other offences in Special Case No. 08 of 1997 and that he was also pro­ceeded with in departmental proceeding drawn against him by the bank and ulti­mately the bank dismissed the respondent from ser..

Category: Anti-Corruption Laws | Date: | Hits: 83

Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)

....ithout any order as  to  costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above.  Ed. ...... claim of title on the basis of award over the suit land have got no legal value since the same has not been made the rule of the Court and that Chand Miah died during the pendency of the arbitration proceeding and before passing of the award and thereby no title could pass to the plaintiffs on the ..

Category: Property Law | Date: | Hits: 43

M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)

.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order.  For the reason aforesaid, this appeal is dismissed without any order as to costs.  Ed. ......on receipt of the letter dated 29.4.1991 did not appoint any arbitrator on his behalf and after wait­ing for six weeks the appellant requested their appointed Arbitrator to start arbitra­tion proceeding as sole arbitrator. In that view of the matter the Arbitrator appointed by the appellant ..

Category: Alternative Dispute Resolution | Date: | Hits: 229

Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)

....e in Bangladesh, the ques­tion of forming any opinion by the Government is not at all relevant.  For the foregoing reasons, the appeal is dismissed without any order as to costs.  Ed. ......he Prescribed Authority, the petitioner should take proper steps in a proper forum for the relief's as sought for in the present suit for declaration  of title and khas possession instead of proceeding with the present suit.  4.  Defendant No. 3, Bangladesh repre­sented by th..

Category: Civil Law | Date: | Hits: 128

Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)

....petitioner under Section 379 of the Penal Code. Against the order of framing charge the accused peti­tioners moved the High Court Division under Section 561A of the Code of Criminal Procedure for quashing the pro­ceeding. The learned Judges of the High Court Division rejected the application......or quashing the pro­ceeding. The learned Judges of the High Court Division rejected the application under Section 561A of the Code holding that the complaint petition disclosed the offence of the proceeding.  4.  Mr. Shamsul Huda Manik, the learned Advocate, appearing for the accused-..

Category: Procedural Law | Date: | Hits: 104

Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)

....ind merit in the appeal.  Accordingly the appeal is allowed.  There is no order as to costs.  Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ...... in the service of Bangladesh Agricultural Development Corporation (BADC) in 1968, that on attainment of 57 years he went on leave preparatory to retirement on October 7, 1996, that disci­plinary proceeding was started against him for the disposal of unserviceable machineries and the parts incid..

Category: Employment/Service Law | Date: | Hits: 109

Kamal Uddin Vs. State, 2006, 35 CLC (AD)

....circumstances of the case and materials on record framed charge against the accused petitioner and the High Court Division did not commit any error in discharging the  rule as the principles for quashing are not attracted in the facts and circumstances of the present case.  6. We have con......commit any error in passing the impugned judgment and order.  15. In view of-the discussion made above we do not find any substance in the petition.  The petition is dismissed.  Ed. ..

Category: Criminal Law | Date: | Hits: 103

Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)

....ered by the Court.  15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division.  In the result, the appeal is dismissed.  Ed. ...... aforesaid order dated 17 May 2003.  12. Ultimately, certain members who initi­ated the matter for seeking extension of time for holding AGMs were obliged to file an application for drawing proceeding for con­tempt to which the contemners filed objec­tions upholding their views for..

Category: Business or Commercial Law | Date: | Hits: 118

Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)

....n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ......reliance on the provision of Section 14A of the (Emergency) Requisition of Property Act, 1948 (the Act). The provision of the same bars jurisdiction of the Civil Court to entertain a suit challenging proceeding initiated thereunder for acquisition of land by the Government. Section 14A of the Ac..

Category: Limitation Law | Date: | Hits: 189

Mayor, Chittagong City Corporation, Chittagong & others Vs. Md. Jahangir Faruk & others, 2006, 35 CLC (AD)

.... background of the discussions we are of the view no interference with judgment sought to be appealed is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in:......April 28, 1999. 3. It was the contention of the writ-petitioner that he being a permanent Education Officer the City Corporation under the law was not authorized to dismiss him without initiating proceeding, if any, could be initiated in the background of any allegation and also without hearing ..

Category: Employment/Service Law | Date: | Hits: 96