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Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ...... and his right to worship and the maintenance of the object of worship. A Shebait, who is guilty of misconduct or abuse of his possession as a trustee can be removed by the Court in a proper judicial proceeding. It has been observed by the judicial committee in Gulgari Lai Vs. Etah, 35 CWN 699, that..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)
.... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ......n application under section 561A of the Code of Criminal Procedure filed by accused-petitioner Md. Saiful Islam and 3 others calling upon the opposite parties to show cause 5 as to why the impugned proceeding of 2 Nari-O-Shishu Case No.306 of 2002; arising out of Belkuchi P.S. Case No.14 5 dated ..Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....nstruments Act on 24.03.2008 after hearing both the parties as being aggrieved by that order the accused-petitioner has filed this Application under Section 561A of the Code of Criminal Procedure for quashing the proceeding of the said case and obtained the instant Rule. 6. Mr. Mohd. Ziaul Hoqu......cellaneous Case No. 8571 of 2008. Judgment Md. Abdus Samad J.- This Rule, at the instance of the accused-petitioner, was issued calling upon the opposite parties to show cause as to why the proceeding of the Sessions Case No.1208 of 2007 arising out of CR Case No.309 of 2007 (Double Moorin..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
....Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ......prepared in the name of the petitioners to the Settlement Press for final publication. 2. Facts leading to the issuance of the present Rule, in short, are that after completing all the stages of proceeding for survey and settlement of recent Mohanagari settlement under relevant Rules of State A..Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ...... Case No.1839 of 2009. Judgment Afzal Hossain Ahmed J.- This Rule, at the instance of the accused Md. Rezaul Kabir, was issued calling upon the opposite parties to show cause as to why the proceedings of the Special Case No.01 of 2009 arising out of Bhaluka Police Station Case No.25 dated..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
Md. Mainul Haque Bhuyan Vs. Md. Akkas Miah, 2009, 38 CLC (HCD)
.... Order. Let a copy of the judgment be sent to the Assistant Judge, Second Court and House Rent Controller, Dhaka at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 425. ......sence of either of the parties or suo moto on perusal of the record………………………………………(7) The proceeding under the House Rent Control Act, 1991 is a summary one. The application under the said A..Category: Tenancy Law | Date: 6 Oct, 2009 | Hits: 127
....tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
......have allowed the pre-emption case and thus committed error of law. Mr. Mostafa Neaz
Mohammad then referring to the evidence of P.W.1 submitted that one Kalu has
not been impleaded in the preemption proceeding and as such, the pre-emption
proceeding suffers from defect of parties and in spite of s..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
.... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ......rty Judgment August 12, 2009. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A Quashment of criminal proceeding involving civil matter A criminal proceeding can be quashed if the allegations ma..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......he functions of the Secretary of the Commission. Mr. Karim submitted that since the notice under section 26 (1) was not issued by the Commission, the notice in question is non-est and all the further proceedings based on such illegal and void notice are also illegal and have no force of law. Mr. Kar..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
Sheikh Md. Nurul Haque Vs. State and anothÂer, 2009, 38 CLC (HCD)
....drawer of the cheque can only be adjudicated in the trial and as such the proÂceeding can not be quailed 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 proves that the alleged cheque has......which will be decided at the time of trial after takÂing evidence and thus non-disclosure of date of receipt of notice and consequently the failure to disclose the cause of action can not render the proceedings under secÂtion 561A of the Code of Criminal Procedure liable to be quashed…………â..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
....ed charge against the accused petitioner. 4. Being aggrieved by the order dated 29-6-2006 the accused petitioner preferred this application under section 561A of the Code of Criminal Procedure for quashing the proceeding and obtained the Rule. 5. Mr. Abdul Jalil along with Mrs. Zahida Khatun, ......iddiqur Rahman Miah J. - This Rule on all application filed by Md. Shirajul Islam under section 561A of the Code of Criminal Procedure was issued upon the opposite parties to show cause as to why the proceeding in Metro Sessions Case No. 2705 of 2006 arising out of CR Case No.670 of 2006 under secti..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
....yet Hossain reported in 1997 BLD (AD) 44 = 2 BLC (AD) 16 wherein their Lordships held: "The settled principle of law is that to bring a case within the purview of section 561A for the purpose of quashing a proceeding one of following conditions must be fulfilled: (1) Interference even at ......t Md. Ataur Rahman Khan J. - This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the proceedings of Sessions Case No. 1110 of 2006 arising out of CR Case No. 164 of 2006 (Kotwali Zone) ..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....ourt Division. In such view of the matter we find not substance in this appeal. The appeal is disÂmissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......ot require that all facts alleged by the plaintiff shall be strictly proved, for burden of proof is often lightened by presumpÂtions, admissions and estoppels. Primary onus of proof lies, in a civil proceeding, upon the plaintiff. In this case the primary onus had been disÂcharged satisfactorily b..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
....eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ......al whether on its own motion, or ex parte, dispensing with service of such notice on any respondent who did not appear, either at the hearing in the Court whose decree is complained of or at any proceeding subsequent to the decree of that Court or on the legal representative of any such respond..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
Aysha Begum Vs. State, 2009, 38 CLC (HCD)
....er to the Deputy Commissioner, Narayanganj and Superintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ......further endorsed the decision in the case Mostafa Kamal Vs. State, reported in 58 DLR 453 cited by the learned Advocate for the appellant which related to custody of a minor girl in connection with a proceeding under Ain, 2000. He has submitted that section 31 of the Ain, 2000 deals with the custody..Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23
Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 2009, 38 CLC (AD)
....8.5.2007 the respondent No.1 filed the above C.R. case and further all the legal formalities as laid down in section 138 of the Act were complied and the main ground of the petitioner for praying for quashing is that he having not received the legal notice, no cause of action arose to file the case ......r not is merely a disputed question of fact and the same should be decided at the trial and the plea of the petitioner is nothing but a defence plea and on the basis of such defence plea the criminal proceeding should not be stifled before the trial specially when there is a prima facie case for goi..Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150
Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)
....de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ......nvolved in this rule which is whether, an appeal is maintainable under Section 41 of the Artha Rin Ain, 2003 before the learned District Judge against an order of the Artha Rin Adalat in an execution proceeding by an aggrieved person who is neither the decree holder nor the judgment debtor, the valu..Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ......(Discipline and Appeal) Rules 1985 raising allegation against the petitioner of corruption and other offences and purportedly obtained approval from the Supreme Court as to initiation of departmental proceeding against the petitioner without actually having any approval from neither the G.A. Commit&..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
....pect of possession
until disposal of the aforesaid matter by the learned District Judge.
Send down the record at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 141.
......lication under section 5 of the Limitation Act, 1908 for condonation of the
delay.
5. In the said application, he stated that
he had no know ledge of the institution of the suit and subsequent proceedings
arising out of the said ex parte
decree until 22-4-08 when the police came to the temp..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
.... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ...... In an application under Article 102(2)(a)(ii) of the Constitution, at the instance of the petitioner this Rule was issued calling upon the respondents to show cause as to why the continuation of the proceedings of the Special Case No. 20 of 2008 arising out of Ramna Model Police Station Case No. 52..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
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