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Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ......No.3071 of 2008 in addition to the grounds agitated by Mr. Khondker Mahabub Uddin Ahmed, submits that no notice under sections 3 and 6 of the Ordinance was served upon the petitioner and, as such the proceeding of the impugned L.A. Case so far as the petitioner is concerned is illegal and without ju..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
....In the cases of Monsur Ali and Alamgir relied upon by Md. Khorshid Alam Khan, leave was refused by the Appellate Division against orders of this Division passed in revision and miscellaneous case for quashing against conviction and sentence refraining from interfering with the orders of lower court ......tion No.31 of 2008. Judgment Mohammad Abdur Rashid J.-The above Rule Nisi was issued asking the respondent Anti-corruption Commission to show cause as to why initiation and continuation of proceedings of ACC GR Case No.125 of 2007 corresponding to Dhanmondi PS Case No.20 of 2007 dated 07...Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
....in the ingredients of an offence or offences under the Penal Code, which are not far less exclusively triable, by a special Court, the informant's case before the Magistrate cannot be stifled by quashing…………………………….(12) Cases Referred to- Managing Director...... J.- This Rule was issued, on an application under section 561A of the Code of Criminal Procedure, at the instance of accused petitioner, calling upon the opposite party to show cause asto why the proceedings of G.R. Case No.102 of 2005 (Sherpur) arising out of Sherpur Police Station Case No.11 ..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)
.... Attorney-General — For the Petitioner. Criminal Miscellaneous Case No.13076 of 2007. Judgment Sharifuddin Chaklader J. - This Rule, is at the instance of the accused petitioner, for quashing the proceedings of Metro Sessions Case No. 152 of 2007 arising out of CR Case No. 2947 of 2......s, when it stands in between two classes of people, things, another, etc. and in that case also, it represents one class. By any imagination 'any' cannot go beyond one. Law barred in initiating 'any' proceeding in which several cheques have been involved……………………………(12) The..Category: Banking Law | Date: 22 May, 2008 | Hits: 227
Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
....ot be quashed on the basis of defence materials which are still not part of the materials for the prosecution. The High Court Division deviated from well known norms of disposal of an application for quashing Criminal Proceeding by taking into account the defence version of the case.” 13. In ...... the rest instalments and subsequently denied further payment, thereby he committed the offence of criminal breach of trust arid cheating. He adds that trial of the case has already commenced, so the proceedings cannot be quashed at this stage. 6. Mr. Osman Gahi, the learned Assistant Attorney-..Category: Procedural Law | Date: 18 May, 2008 | Hits: 41
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ......Court allowed the prayer. The plaintiffs having lost up to the highest court of the country filed an application under Order XXI, rule 99 of the Code of Civil Procedure just to block the further proceedings of Title Execution Case No.3 of 1980. The application was rejected on 23.01.94 on c..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......er the provisions of Payment of Wages Act for realization of his benefits consequent upon retirement. He submits that if a remedy has been provided under any other law, it created an implied bar to a proceeding under the Code of Civil Procedure, before the Civil Court. In support to his contention, ..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
....ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......after hearing such of them as desire to be heard, or of its own motion without such notice, the (High Court Division) or the District Court may at any stage. (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court sub-ordinate to it and competent to ..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ......d a public office, franchise or liberty, to inquire by what authority he supported his claim/in order that the right to the office or franchise might be determined. Broadly stated, the quo warranto proceeding affords a judicial inquiry in which any person holding an independent, substantive, publi..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ......d Hossain J.-In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the proceeding of Metropolitan Sessions Case No.933 of 2006 under section 138 of the Negotiable Instru&s..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ......contest between two parties and declare at the end of the combat who has won and who has lost or is there not any legal duty of his own, independent of the parties, to play an active role in the proceedings in finding out the truth and administering justice? It is a well accepted and settled p..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......mother petitioner can not consider the welfare of the son while she divorced the opposite party (father) and entered into second marriage in hurry before the expiry of the execution period of divorce proceeding. Even thereafter she allegedly divorced that 2nd husband and her attitude of living the l..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)
....erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ...... finally the total of the assessed. 14. Secondly, sub-section (5) of section 93 of the Ordinance clearly enables the concerned income tax authority to start or initiate the proceeding from the stage next preceding the stage at which such annulment, setting aside, cancell..Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......gle material available a regular case might have been initiated against the detenu by this time, but on perusal of the writ petition as well as affidavit in opposition we do not find that any such proceeding is pending against the detenu which clearly shows that there is no substantial material ..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
.... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ......of the Ministry dated 19.10.85, 07.02.93 and 18.04.93 in the interest of public may have some substance which is apparently a subject matter of Inter Ministerial act of the Government. In the summary proceeding under Article 102 it is not possible to decide such disputed question of facts. 15. Co..Category: Property Law | Date: 9 Jan, 2008 | Hits: 20
Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ......section 2 of the Ordinance defines the word, 'assessee' as a person by whom any tax or other sum or money as payable under this Ordinance and include amongst other every person in respect of whom any proceeding under the Ordinance was taken for assessment of his income or the income of any other per..Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ......g the said vessel being within this Court's jurisdiction and as formally represented by the Opposite Party No.5, the said party as Defendant No.5 never appeared in the Suit nor in these execution proceedings till after receipt of this Court's Order dated 15.11.2005. It is submitted that give..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)
....of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......uch circumstances further detention of the accused petitioner in custody in connection with above G.D. is unwarranted and not sustainable and accused petitioner ought to have been discharged from the proceeding of Panchlais P.S. G.D. No.409 dated 9.3.2007 and further continuance of the same is an ab..Category: Criminal Law | Date: 2 Dec, 2007 | Hits: 3
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ......t was decreed exparte by the judgment and order dated 13.11.2000. The decree holder bank, thereafter, started Execution Case No.6 of 2001 for realization of that decretal amount. In that execution proceeding on the prayer of the decree-holder bank, the Artha Rin Adalat, passed the impugned order..Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......e of the Judge to simply sit at a contest between two parties and declare at the end of the combat who has won and who has lost, but it is the legal duty of the Judge to play an active role in the proceeding in finding out the truth in order to administer justice assessing the evidence on record..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9