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Abu Zafar Tipu Vs. Syed Abu Siddique, 2000, 29 CLC (HCD)
....the Board after taking evidence of both sides found that the accused petitioner misappropriated the above amount while he was accountant of the company. The accused petitioner moved this Court for quashing the proceeding mainly on me ground that the liability, if any is a Civil Liability and no ......ami - For the opposite party. Criminal Miscellaneous Case No.5909 of 1999. Judgment Md. Hamidul Hague J.- By this Rule the opposite party was called upon to show cause as to why the proceedings in C.R. case No.3643 of 1998 (T.R. No.92/88) now pending in the Court of Metropolitan ..Category: Procedural Law | Date: 16 Nov, 2000 | Hits: 3
Golam Rahman (Md.) Vs. Md. Bazlur Rahman (Babu) and one other, 1999, 28 CLC (HCD)
.... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ......M Khairul Haque J.- This Rule, under section 561A of the Code of Criminal Procedure, was issued at the instance of the accused-petitioner calling upon the opposite parties to show cause as to why the proceeding of the Special Tribunal Case No.22 of 1994 arising out of Miscellaneous Case No. 345 of 1..Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46
.... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 8. ......there was non-application of mind while disposing of the matter and that in view of the amendment of section 6(1) of the Act making Chapter XXXVIII of the Code of Criminal Procedure applicable to the proceedings, the decision relied upon by the Divisional Special Judge was no longer applicable and t..
Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......rcumstance as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and materials disclosed by the petitioner before it that the criminal proceeding which is being or has been launched against him is being or has been taken with an ulter..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)
....no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350....... notice under the provisions of Bankruptcy Act to the petitioner. Faced with such difficulty petitioner obtained this Rule on 21-6-98 and restrained the respondent No.1 from instituting any suit/case/proceeding against the petitioner company or its directors in any form on any ground. Thus it is cle..Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500
Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)
....nuary,1991 and fixed 16th February, 1991 for the framing of charge. 3. The petitioner filed an application under section 561A of the Code of Criminal Procedure before the High Court Division for quashing the proceeding. It was contended before the High Court Division that the arms were not reco..................Respondent Judgment February 26, 1991. Result: The petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Whether a criminal proceeding can be quashed on the ground of lodging of F.I.R. by the informant under order of the Hom..Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58
Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)
.... Criminal Miscellaneous Case No. 2854 of 1997. Judgment Md. Ruhul Amin J. - This Rule has been obtained upon an application under section 561A of the Code of Criminal Procedure seeking quashing of the proceedings of Nari-O-Shisu Case No.20 of 1997 (arising out of Mollahat PS Case No.8......iscellaneous Case No. 2854 of 1997. Judgment Md. Ruhul Amin J. - This Rule has been obtained upon an application under section 561A of the Code of Criminal Procedure seeking quashing of the proceedings of Nari-O-Shisu Case No.20 of 1997 (arising out of Mollahat PS Case No.8 21-11-1996 corr..Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88
....out lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 421.
......1710 of 1994.
Judgment
Mainur Reza Chowdhury J. - By this Rule Nisi the respondents were called upon to show cause as to why the impugned order dated 12-9-94 (Annexure-B) and the purported proceedings contained in File No.3/Dar/92 (Bank) should not be declared to have been made without an..
Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)
....he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150.......limited to execute the decree in terms of the decree itself. If the present amendment is allowed, this will re-open the controversy between the contending parties giving a new lease of life to a dead proceeding which has been tried on merit and finally determined. Any amendment of the plaint relates..Category: Property Law | Date: 12 Jul, 1998 | Hits: 31
Tarani Mohan Gosh and 2 others Vs. State and another, 1998, 27 CLC (HCD)
....he accused persons was deemed to have been given and consequently issued warrant of arrest against the accused persons. 4. Thereafter on 11‑7‑95 accused persons obtained the present Rule for quashing the said proceedings in Special Case No.1 of 1992 pending in the Court of Senior Special Ju...... was deemed to have been given and consequently issued warrant of arrest against the accused persons. 4. Thereafter on 11‑7‑95 accused persons obtained the present Rule for quashing the said proceedings in Special Case No.1 of 1992 pending in the Court of Senior Special Judge and the Court ..Category: Anti-Corruption Laws | Date: 12 Feb, 1998 | Hits: 134
Rehana Begum and another Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....le is made absolute without any order as to cost. The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ......o the question of the petitioner's No.1 detention in Moulvibazar Jail. It appears that the petitioner No.1 is alleged to be a victim of rape and kidnapping. She is not an accused nor a witness in any proceeding. In that view of the matter the question is whether under the circumstances she can be ke..Category: Women and Children | Date: 4 Sep, 1997 | Hits: 184
Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
....he State. Criminal Revision No. 381 of 1976. Judgment K.M Subhan J.-This Rule was obtained by the accused-peitioner under section 561-A of the Code of Criminal Procedure for quashing the proceeding in G.R. Case No.765 of 1976, arising out of Puthia P.S. Case No. 4 dated 5.7...... Criminal Revision No. 381 of 1976. Judgment K.M Subhan J.-This Rule was obtained by the accused-peitioner under section 561-A of the Code of Criminal Procedure for quashing the proceeding in G.R. Case No.765 of 1976, arising out of Puthia P.S. Case No. 4 dated 5.7.76 and Puthi..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)
.... 467/109/471 of the Penal Code read with section 5(2) of the Act II of 1947. Now the petitioners have come before us with the present petition under section 561A of the Code of Criminal Procedure for quashing the proceeding. 8. Mr. Shawkat Ali Khan, the learned Advocate appearing for the petition...... Choudhury J.- Rule was issued calling upon the opposite parties i.e. the State and MA Razzak, Deputy Assistant Director, on behalf of Director General, Bangladesh Rifles, to show cause as to why the proceedings in Special Case No.45 of 1993 arising out of Lalbagh police station case No.21(12)/91 no..Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ......cellation of the notice of entering on the reference. On 19-2-94 the appellant filed an application for injunction in the 3rd Court of Subordinate Judge, Dhaka praying for completion the arbitration proceedings which went upto the High Court Division through the process of appeal and revision res..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
Nasiruddin (Md.) Vs. State, 1997, 26 CLC (HCD)
....it and does not call for quashment of the proceeding under challenge. The result is, we reject this application summarily. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 124. ...... Involved: Md. Abdus Sobhan, Advocate — For the Petitioner. Criminal Miscellaneous Case No. 1403 of 1997. Judgment AM Mahmudur Rahman J. - This application is for quashment of a proceeding viz, Nari-O-Shishu Nirjatan (Bishesh Bidhan) Case No. 25 of 1996 now pending before the N..Category: Women and Children | Date: 16 Mar, 1997 | Hits: 83
Subbatara Begum Vs. Ansaruddin, Officer-in-Charge, 1997, 26 CLC (HCD)
....Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ...... way the petitioner filed an application before the learned Special Judge for taking action under Contempt of Court Act for not complying with his order dated 28-9-96. This application for drawing up proceeding for committing contempt of court was filed on 24-10-96 and on that day the Special Judge ..Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172
Solaiman (Md.) Vs. Begum Rezia Khatoon, 1996, 25 CLC (HCD)
....ner, felt difficulty to support the Rule. In the result, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 437. ......iew the case dismissed by the learned Subordinate Judge seeking permission to repair the demise shop‑room can stand. It is a settled principle of law that review will lie where a party to a suit or proceeding failed to adduce evidence necessary for disposal of the suit or a proceeding or the Court..Category: Tenancy Law | Date: 28 Oct, 1996 | Hits: 128
Jarina Khatoon Vs. State, 1996, 25 CLC (HCD)
....sides we find no merit in this appeal. The appeal is dismissed accordingly. The order of stay passed earlier is hereby Ed. This case is also Reported in:49 DLR (HCD) (1997) 424. ......of the word cognisance. It is well‑settled that the word cognisance refers to a stage of mental condition to which a Magistrate or a Judge decides upon taking necessary steps to initiate a judicial proceeding against a person accused of an offence for placing him on trial with a view to determine ..Category: Women and Children | Date: 14 Aug, 1996 | Hits: 92
Abdul Hakim Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....good ground for rejecting a writ petition. In view of the above, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 438. ......ank of Assistant Inspector or Deputy Assistant Director or an officer of any of the Defence Services not below the rank of a Commissioned Officer. Regulation 3(2) of MLR 1/82 provides for review of a proceeding before a Special Martial Law Tribunal and Special Martial Law Court. Regulation 3(3) is t..Category: Employment/Service Law | Date: 31 Jul, 1996 | Hits: 137
....shy;diction and a nullity in the eye of law.
In the facts and circumstances of the case there will be no order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 105.
......eer on receipt of the letter dated 29.4.1991 did not appoint any arbitrator on his behalf and after waiting for six weeks the respondent requested their appointed arbitrator to start arbitration proceeding as sole arbitrator. In that view of the matter the arbitrator appointed by the respo..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
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