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State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)

.... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ......ned prisoners preferred jail Appeal No.313 of 2004. On the other hand, condemned prisoner (4) Moti Gazi preferred Jial Appeal No.172 of 2005 and later preferred Criminal Misc. Case No.1195 of 2005, a proceeding under section 561A of the Code of Criminal Procedure, seeking quashment of the impugned j..

Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26

Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)

....om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ......take cognizance in a case on police report of inquiry report notwithstanding the fact that no prima facie sufficient materials constituting the offence has revealed or no recom­mendation for further proceeding against such person is made in the report provided the tribunal deems it necessary and pr..

Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21

Mosammat Momina Begum Vs. Additional District Judge and Bankruptcy Court, Dhaka and others, 2007, 36 CLC (HCD)

....ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 29. ......ditor acted mala fide in filing suit under Bankruptcy Act, 1997 without disclosing of the actual market price of the mortgaged land, which is clear violation of section 12(2) of the Act and hence the proceeding is without lawful authority. Finally, the learned Advocate submits that since the petitio..

Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565

Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)

....d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ...... a 22-storied building near an opera­tional airport, even then they did not obtain any clearance of Civil Aviation Authority of Bangladesh for such construction which was mandatory for them prior to proceeding with the construction of a high-rise building in the vicinity and accordingly, clearance ..

Category: Property Law | Date: 2 Aug, 2007 | Hits: 114

Al-Haj Abdul Maleque Gazi Vs. Government of Bangladesh, 2007, 36 CLC (HCD)

....e case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 184. ......on No.1321 of 1997. Judgment Mir Hashmat Ali J.- This Rule was issued calling upon the Respondents to show cause as to why the inclusion of part of home-stead Plot No.893 in the acquisition proceeding being L.A. Case No.1 of 1095-96 should not be declared to have been made malafide, withou..

Category: Evidence Law | Date: 3 Jun, 2007 | Hits: 10

State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)

....ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......folded dur­ing the course of trial, in short, is as follows:— On 20-7-1999 at about 6-00 PM while Kabul Kha, (hereinafter referred to as the deceased) co-villager of the informant, was proceeding towards the house of the Gini Mollik and reached on the main road all the accused-person ..

Category: Criminal Law | Date: 27 May, 2007 | Hits: 5

Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)

.... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ......e defendants having had filed to get the suit land redeemed within 10 years from 16-11-59 the transaction was a passed and closed transaction and the CO (Revenue) had no jurisdiction to entertain any proceeding under the President's Order No.88 Of 1972 for redemption of mortgage. He submitted th..

Category: Property Law | Date: 27 May, 2007 | Hits: 9

Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 46. ......proached. 5. Provision for addition of party is dealt in sub-rule 2 of rule 10 of Order I of the Code, sub-rule 2 of rule 10 of Order I of the Code enshrines that the Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear..

Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32

Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka Vs. The Artha Rin Adalat and others, 2007, 36 CLC (HCD)

....discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 284.   ...... 11. On the other hand the decree holder bank, who is respondent No.2 in Writ Peti­tion No.5961 of 2004, filed affidavit-in-opposition therein, contending, inter alia, that on 17.11.2003 the proceeding of the Execu­tion Case No.126 of 2000 was stayed by the Artha Rin Adalat pursuant to ..

Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6

Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ...... at rates as in clause (a) above. (2) Before passing the final order on any such appeal, the Appellate Officer shall give the parties an opportunity of being heard and shall record in the proceedings an abstract of the reasons for his decision." 23. From the above, we find tha..

Category: Property Law | Date: 7 Mar, 2007 | Hits: 10

Safazuddin and another Vs. State, 2007, 36 CLC (HCD)

....ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ......ceeded towards the alleged crime spot and the bolting away of convict-appellants. 53. In First Information Report it is recited that on shouting of P.W.2 Runa Laila neighbouring persons had been proceeding towards incident place and accused persons decamped. Statement is in the following terms:..

Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75

Ful Miah & others Vs. State, 2007, 36 CLC (HCD)

....odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ......orous imprisonment for 7(seven) years. We have also noticed that the accused appellants and the petitioner were apprehended on the spot on 16.3.1999. They had undergone considerable period in custody proceeding to their conviction and sentence. Some of them have been enlarged on bail subsequently. O..

Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26

Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)

.... of 2001 under sections 6(1)/7/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 68. ......ey General - For the State. Criminal Miscellaneous Case No.11846 of 2003 Judgment Sheikh Abdul Awal J.- By this Rule the opposite parties were called upon to show cause as to why the proceeding of the Nari-O-Shishu Nirjatan Daman Case No.33 of 2003 arising out of Tejgaon Police Sta..

Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11

M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)

....ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ......at it was barred by resjudicata, an earlier application having been dismissed by the Artha Rin Adalat. The High Court Division rightly held that the principle of resjudicata is not applicable in such proceeding." 16. The learned Counsel also refers the case of Managing Committee N.M.C. Model High..

Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42

Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)

....n 25 kilometers from the border. 12. At the time of hearing of the appeal an application under Section 561A of the Code of Criminal Procedure has been filed on behalf of the accused appellants for quashing the proceeding of the case. That since accused appellants have preferred this appeal agains......rs from the border. 12. At the time of hearing of the appeal an application under Section 561A of the Code of Criminal Procedure has been filed on behalf of the accused appellants for quashing the proceeding of the case. That since accused appellants have preferred this appeal against the order p..

Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21

Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)

....missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ......a Nath Roy, obtained Probate of last will and testament of Mokshoda Bala Dasaya (de­ceased), wife of Fekuram Hazra from the Court of the District Judge, Rajshahi, on the 2nd February, 1974 as per proceeding in Misc. Case No.58 of 1972 without serving any notice to the petitioner and other inter&..

Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15

Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)

.... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ......he parties of both the suits are same and the schedule property in both the suits are same and as such the subsequent suit being, The Suit No.371 of 1998 to be stayed to avoid the multiplicity of the proceeding. 10. Mr. Khalilur Rahman, Learned Advocate appearing with Mr. T.M. Sakil Hossain submi..

Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27

Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accor­dance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......dment Act 1958 and Penal Code, it is to be considered that Article 20 of the Constitution, provides for the general prin­ciple of prohibition on unearned income to the effect that a legal process or proceedings must not end in permitting a convict to retain un­earned income accumulated through cor..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

.... In the result, the Rule is discharged. Communicate the judgment and order immediately to the parties concerned. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 57. ......uiry in the nature of a fact finding process. On the ba­sis of a fact finding process if the commission of any offence is disclosed, the respondent authority is entitled to institute any criminal proceeding against the person or persons in­volved in the commission of the offence. In such a cas..

Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6

Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)

....d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ......d 21.03.2005. Copy of the notice has been marked as Annexure-'B'. Under the provi­sions 10(2) of the National University Em­ployees (Discipline and Appeal) Regulations, a disciplinary proceeding must be completed within 180 days. Clause 10 of the service Regulations reads as follows:..

Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2