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Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
....t may be possible for the High Court to take the view that the institution or continuance of criminal proceedings against an accused person may amount to abuse of the process of the Court or that the quashing of the impugned proceedings would secure the ends of justice. If the criminal proceedi......e of Criminal Procedure. In this decision, it has been held: "There may be cases where it may be possible for the High Court to take the view that the institution or continuance of criminal proceedings against an accused person may amount to abuse of the process of the Court or that the qu..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
....stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
...... several cases decided by the Pakistan Supreme Court and the Indian Supreme Court including DS Nakara's case the SP Gupta's case, it was held as follows:
“Even otherwise, the above proceedings are in the nature of public Interest litigation and, therefore, in order to advance the ..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
.... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ......d Hossain was arrested on August, 20, 1991 in pursuance of an order of detention passed under section 3(1) (e) of the Special Powers Act, 1974. It was contended in the said case that while a criminal proceeding was pending against the detenu he could not be proceeded against under the law of prevent..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
.... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ...............Opposite Parties Judgment December 2, 1992. Result: The Rule is made absolute. Taking Evidence on which Party was in Possession of the Disputed Property— In a proceeding under Section 145 Cr.P.C. it is for the Magistrate to decide upon taking evidence which p..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......d while Mr. AKM Shamsul Karim, the learned Assistant Attorney‑General appeared for the State. On behalf of the State the learned Assistant Attorney‑General raised a preliminary objection that the proceeding for confirmation of the death sentence of the condemned accused should not be considered ..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ......d Assistant Teacher Mrs. Mafia Khatun who were also proceeded against and recommended for dismissal by the Special Managing Committee and the recommendation of the Special Committee was rejected. The proceedings of the meeting of the Appeal and Arbitration Committee of the Board dated 14.5.89 are an..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
Nazrul Islam and another Vs. Jahanara Hassan and another, 1992, 21 CLC (HCD)
....sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106 ......f the view that by allowing the plaintiffs' petition for amendment of the plaint the court below has not committed any error of law, but that there has been a procedural irregularity committed in proceeding with the suit which after amendment is not triable by that court. In such view of the mat..Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......aking irregularities in the banking deposit and grant of loan in an illegal way, there is every apprehension of his going out of the country. If he is detained it is necessary to prosecute a criminal proceeding and the detenu may even go out of the country illegally. It has been further stated that ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....
The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
...... area, Lahore, on the application of an allottee, observed in the relevant portion of the judgment, thus:
“It is clear from the above that the right considered sufficient for maintaining a proceeding of this nature is not necessarily a right in the strict juristic sense but it is enough i..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......a Suit, then the plaintiff or any other party does not proceed with the suit but that they file a compromise petition with a joint prayer through their lawyers for recording the solenama and then the proceeding of the suit shall stop there. But in this case, it appears that not only the plaint..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ......time when the disciplinary action was taken against him he was serving as Works Manager (Administration), Bangladesh Ordnance Factories, Gazipur Cantonment, Gazipur. 6. Against both the officers proceedings were drawn up for committing misconduct under Rule 7 (2) of the Civilian Employees in De..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ......ned advocate but we find no substance in those. We exercise the power under original jurisdiction, namely under Article 102 of the Constitution of the People's Republic of Bangladesh in a summary proceeding and do not decide questions of facts and settle issues of fact or enforce a contract, for..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ...... 109 of the Penal Code. He argued that the present case may be a case of sheer negligence of duty of the appellants, but for their negligent act the appellants cannot be prosecuted in such a criminal proceeding. 11. Mr. SA Hasan, the learned Assistant Attorney‑General appearing on behalf of t..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
....nnexure‑I to the Writ Petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
...... co‑operative society or of the liquidation of a society to the Registrar for certain matters but there is no provision for referring the election dispute to the Arbitration and, as such, the whole proceeding before the Arbitrator was void and the reference made by the Registrar is also void.
..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ......at which he was a candidate. The civil Court’s jurisdiction has been impliedly excluded. The election of a candidate cannot be challenged under Article 102 of the Constitution as in the summary proceeding under Article 102 disputed questions of fact cannot be settled. It is also well settled t..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....ed outstanding dues till 30.6.91 as per agreement dated 21.7.91.
Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 8.......2. Subsequent to the issuance of the Respondent No.1, Bangladesh Bank, respondent 2, Deputy Manager, Banking Control Department, Bangladesh Bank, filed affidavit‑in‑opposition annexing the agreed proceedings of the meeting held on 21.7.91 which has been signed by the petitioner Mr. Madhab Chandr..
Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180
....ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
......he learned Court of Settlement also referred to section 44 of the Evidence Act in this connection.
For proper appreciation, we quote the section as under:‑
“44. Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under sections 40, 41, or 4..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....t of the accusations. That is why their Lordships of the Judicial Committee in the case of Emperor vs. Nazir Ahmed expressed a word of caution that the Court might be acting on treacherous grounds in quashing criminal proceedings at the interlocutory stage or at the early stage on the ground that co......ibur Rahman Khan J. - This Rule was issued on 11.2.91 on an application filed under section 561A of the Code of Criminal Procedure, calling upon the Deputy Commissioner, Dhaka to show cause as to why proceeding of Special Tribunal Case No.60 of 1991 under section 19(a) and 19(f) of the Arms Act 1878..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
.... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ......6. By this Rule this Court also directed the Deputy Commissioner, Moulvibazar to show cause as to why victim girl Sumati Begum should not be allowed to go with her alleged husband Manik. 7. The proceeding under section 491 CrPC in this Court is an original proceeding. Therefore this Court has ..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
.... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ......4 of the Second Schedule of the Arbitration Act, 1940 praying for restraining the petitioner, namely the Coal Controller, from encashing the performance bond dated 16.5.89 when in fact no arbitration proceeding was pending any where under the said contract at the relevant time, The learned court iss..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
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