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Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
.... this judgment. 28. Let a copy of the judgment along with reconstructed case record be sent down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 32. ......11.2012 and other materials on record submits that the instant First Miscellaneous Appeal is not maintainable inasmuch as the same arises from an order disallowing the Misc. Case for restoration of a proceeding under Section 96 of the State Acquisition and Tenancy Act, 1950 being Misc. (Preempt..Category: Civil Law, Procedural Law | Date: | Hits: 2
Moklesur Rahman & others Vs. State & others, 1983, 12 CLC (HCD)
....the court concerned immediately for early disposal of the present case. Amin-ur-Rahman Khan J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 174 ......al Procedure for release of the accused persons before the learned Additional Sessions Judge, 3rd Court, Rangpur. The learned Additional Sessions Judge, by his order No. 19 dated 27-11-82 stopped the proceedings and released the accused petitioners. Thereafter the public prosecutor filed an applicat..Category: Criminal Law, Procedural Law | Date: | Hits: 1
....mature stage.
Accordingly, the Rule in this petition should be discharged for the reasons stated herein before.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 602
......otice—
In accordance with the principles of natural justice, no penal action shall be taken against anyone without any prior notice to show cause against any proposed penal action. In the proceedings before the Board under sub-section (3) the Governing Body being the aggrieved person sha..
Category: Constitutional Law | Date: | Hits: 2
Abdul Mukid (Md.) Vs. Artha Rin Adalat, Khulna and another, 2013, 42 CLC (HCD)
....order passed or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014)2 11, 33 BLD (HCD) (2013) 296. ......cted without jurisdiction. Since the Artha Rin Adalat in question does not have jurisdiction to entertain or to Proceed with the application filed by respondent No. 2 under Article 27, the whole proceeding before the Artha Rin Adalat namely the proceeding in Miscellaneous case and Title Executi..Category: Others | Date: | Hits: 3
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
.... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107. .......A.C.O. has rendered the entire prosecution case a big hearsay i.e. bereft of legal evidence. It has been argued that even the evidence of the Deputy Commissioner, Jessore, P.W.1who initiate the proceeding cannot be looked into because it contained references to the statements made by late..Category: Criminal Law, Evidence Law | Date: | Hits: 2
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4. ......ence. Heard the prosecution in details Perused. On perusal the offence of trespassing and subsequent offence thereby could not be proved. So, the Court hereby discharges all the accused from the proceeding." 4. Being aggrieved by the said order the complainant filed an application bef..Category: Criminal Law | Date: | Hits: 1
Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)
....sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ......ppeared but then the A.P.P. prayed for time which was allowed fixing 12.9.84 for trial. On that date three P.Ws. were present but an application was filed on behalf of the defence for stopping of the proceeding and releasing the accused under section 339C (4) Cr.P.C. The Additional Sessions Judge no..Category: Criminal Law | Date: | Hits: 1
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ...... is directed as to show cause why the detention of the detenu Khalequzzaman will not be declared to have been made without lawful authority and is of no legal effect. 2. Facts giving rise to the proceeding are as follows: The detenu Khalequzzaman was arrested on 18-3-74 and on 27-3-74 an o..Category: Criminal Law | Date: | Hits: 1
Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
....peared before the learned Sub-Divisional Magistrate on 16-11-77 and they were enlarged on ball. The petitioners thereafter moved the Sessions Judge Chittagong for making a Reference to this court for quashing the aforesaid proceedings. The matter was heard by the Additional Judge, Second Court, Chit....... Criminal Revision No.327 of 1978. Judgment A.T.M. Masud J. –This Rule was Issued calling upon the Deputy Commissioner, Chittagong and opposite party No. 1 to show cause why the proceeding in C.R. Case No. 2139 of 1977 pending before the Sub-Divisional Magistrate, Sadar (North)..Category: Criminal Law | Date: | Hits: 1
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ......ons. The present amended section 115 reads as follows: "115. Revision.‑ (1) The High Court Division may, on the application of any party aggrieved, call for the record of any suit or proceeding, in which a decree or an order has been passed by a Court of District Judge or Additional..Category: Civil Law | Date: | Hits: 2
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....nal Miscellaneous Case No.5566 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application filed by the petitioner under section 561A of the Code of Criminal Procedure for quashing the Judgment and order dated 24-1-2007 passed by the learned Judge, Special Tribunal No.3. ......rd. It has already been pointed out that there is no allegation, that the facts alleged did not constitute any criminal offence and that the Tribunal got no jurisdiction to try the case and the whole proceeding before the tribunal was without jurisdiction. 38. The scope of exercising jurisdicti..Category: Criminal Law | Date: | Hits: 36
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......f Civil Procedure 1908 shall not apply to the Court of Settlement and as such the Order XXIII of the Code of Civil Procedure is not applicable, wherein the Court has empowered to withdraw the suit or proceeding. He further submits that our apex Court in their various decisions has decided that after..Category: Procedural Law | Date: | Hits: 24
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......n peril. We have noted this submission. On this point, law is very clear. Section 52 of the Transfer of Property Act provides that any transaction made by a party to a suit during the pendency of the proceeding is caught by the mischief of doctrine of Lis Pendens. Therefore, no such observation is n..Category: Procedural Law | Date: | Hits: 26
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....r trial before a Court of law the Court upon hearing the parties and on consideration of the record of the case and the documents may discharge the accused. These two Sections have nothing to do with quashing of a proceeding. Section 561A is an independent inherent power of the High Court Division o......- For the State. Criminal Miscellaneous Case No.9539 of 2005. Judgment Md. Muzammel Hossain J.- This Rule was issued calling upon the Deputy Commissioner, Barisal to show cause as to why the proceedings of Kotwali Police Station Case No.69 dated 27.12.2000, corresponding to G.R. No.697 of 2..Category: Criminal Law | Date: | Hits: 24
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ......ral dates and lastly the respondent No.7 asked the petitioner to appear before the Arbitrator on 8-5-1996. The petitioner duly appeared but the Arbitrator without hearing discontinued the arbitration proceeding and without giving any award as required under law verbally told petitioner that their ..Category: Alternative Dispute Resolution | Date: | Hits: 96
Mark Parco and others Vs. State and another, 2007, 36 CLC (HCD)
....ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ......the added Opposite Party No.2. Criminal Miscellaneous Case No.8550 of 2001. Judgment Sharif Uddin Chaklader J.- This rule at the instance of the petitioners, 3 in number for quashment of the proceeding of Doublemooring P.S Case No.17 dated 17.10.2001 under section 406/420/467/468/471/476/12..Category: Criminal Law | Date: | Hits: 114
Sabina Rahman Mukti and others Vs. State, 2007, 36 CLC (HCD)
.... Case No.52 dated 13.03.2002, now pending in the Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ......ney General - For the opposite party. Criminal Miscellaneous Case No.8625 of 2003. Judgment Sheikh Abdul Awal J.- By this Rule the opposite party was called upon to show cause as to why the proceedings of Kotwali Police Station Case No.52 dated 13.03.2002 pending in the Court of Magistrate..Category: Criminal Law | Date: | Hits: 114
Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)
.... Salek - For the Petitioners. None – For the Respondants. Criminal Revision No.1 of 1986. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This application u/s. 561A Cr.P.C. is for quashing DAB G.R. Case Nos. 44(A), 44(B), 44(C), 44(D) and 44(E) of 1983 arising out of DAB G.R. Cas......sfer to his own file 29.1.84 that the statutory period of limitation as provided in Section 339C of the Code of Criminal Procedure had expired after 60 working days from 29.1.84, that the further proceedings. In respect of the trial ought to have been stopped and the accused persons on the exp..Category: Criminal Law | Date: | Hits: 144
Akhtaruzzaman Akhtar Shah (Md.) Vs. State, 2011, 40 CLC (HCD)
.... For Opposite Party No.1. None appears - For the Opposite Party No.2 Criminal Revision No.1163 of 1993. Judgment Syed Md. Ziaul Karim J. - By this Rule, the accused-petitioner seeks quashing of the order dated 21-6-1993 passed by learned Additional District Magistrate, Dinajpur, in......to him by presenting her new wearing apparels, distributing sweets and developed carnal relationship with her disclosing a prima-facie case of an offence under section 493 of the Penal Code. So the proceedings cannot be quashed. The grounds taken in revision are the denial of allegations and the v..Category: Criminal Law | Date: | Hits: 126
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......t case there is no specification of the share of defendant Nos.8-10 in the suit land and under such circumstances it is also evident that section 17 of the Specific Relief Act operators as a bar in proceeding with the instant suit and in this connection we feel it proper to quote section 17 of t..Category: Civil Law | Date: | Hits: 133
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