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Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ......of 1978 reversing those of the learned Subordinate Judge of that place in Title Suit No.102 of 1976. 2. The petitioners, as plaintiffs, brought the suit for a declaration that the enemy property proceeding as described in schedule 'Ka’ to the plaint were illegal, ultra vires and without jur..Category: Property Law | Date: | Hits: 64
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
.... concerned 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: 64 DLR (HCD) (2012) 378. ......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: Property Law | Date: | Hits: 66
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....y 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: 13 BLC (HCD) (2008) 108. ......ditor acted malafide 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: Procedural Law | Date: | Hits: 114
AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)
....Ain is to be followed before taking action under section 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ...... could not be sold in auction. Both the contending parties are silent on this question. 14. Lastly, we likely to note that by order dated 4-10-2005 the learned Judge of the Adalat stayed further proceeding of the execution case subject to execution of warrant of arrest as 150 days expired. It h..Category: Civil Law | Date: | Hits: 159
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....ty No. 2. Criminal Miscellaneous No. 1505 of 2009. Judgment MR. Hasan J. - By this application under section 561A of the Code of Criminal Procedure, one petitioner Mohammad Bayazid prays for quashing the proceedings of Special Case No. 3 of 2009 corresponding to GR Case No. 451 of 2007 aris......Criminal Miscellaneous No. 1505 of 2009. Judgment MR. Hasan J. - By this application under section 561A of the Code of Criminal Procedure, one petitioner Mohammad Bayazid prays for quashing the proceedings of Special Case No. 3 of 2009 corresponding to GR Case No. 451 of 2007 arising out of Ko..Category: Anti-Corruption Laws | Date: | Hits: 44
Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
.... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ...... instance of the defendant Nos.1 and 2 was directed against the Judgment and order dated 5‑10‑95 passed by Subordinate Judge, 1st Court, Chittagong in Other Suit No.22 of 1995 staying the further proceeding of Title Execution Case Nos.6 and 7 of 1994 of that Court till disposal of First Miscella..Category: Procedural Law | Date: | Hits: 69
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ......r again filed an identical prayer which was also rejected. 4. Thereafter accused-petitioner jumped upon to invoke the jurisdiction under section 561A of the Code of Criminal Procedure to quash the proceeding on 4-7-1993 and obtained the present Rule and Order of stay. 5. Senior Advocate Mr. Dr..Category: Procedural Law | Date: | Hits: 59
Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
....Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......e No.1927 of 2002. Judgment Md. Emdadul Huq J.- In this case under section 561A of the Code of Criminal Procedure a Rule was issued calling upon the opposite parties to show cause as to why the proceeding, of C.R. Case No.2355 of 2001 pending in the Court of Chief Metropolitan Magistrate, Dhak..Category: Criminal Law | Date: | Hits: 66
Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)
.... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ......uiry or trail held by him, that an investigation by the police is in progress in relation to the offence which is the subject matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer con..Category: Criminal Law | Date: | Hits: 39
....red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J.
I agree with the reasoning and findings given by Syed Mahmud Hossain, J.
Ed.
This Case is also Reported in:
...... made in the writ-petition. The case of the Metro Makers, in short, is that BELA, the writ-petitioner has no locus standi to file the instant writ petition as the RAJUK is already involved in a legal proceeding with Metro Makers in Writ Petition No.5130 of 2003 arising out of the same set of facts. ..
Category: Environmental Law | Date: | Hits: 434
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
.... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ...... 2005. Judgment Khondker Musa Khaled J.- On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite party to show cause as to why the proceedings of G.R Case No.83 of 2003 arising out of Taknaf Thana Case No.10 dated 13.4.2003, then p..Category: Criminal Law | Date: | Hits: 62
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ...... of summons upon plaintiff-opposite party. Plaintiff-opposite party had been abroad during the period of alleged service of summons. Plaintiff-First opposite party was not at all aware of pre-emption proceeding against him and he only on 1-4-1995 became aware of Pre-emption Miscellaneous Case and, a..Category: Property Law | Date: | Hits: 64
....clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......titioners interpolated their appeal numbers on D. P. Khatian Nos.1524 and 948, and suppressed the facts relating to disposal of earlier Appeal Nos.4906, 5110 and 5112 of 2007 on the same land. During proceedings of the cases, there was another inquiry by a five member committee, wherein title and po..
Category: Property Law | Date: | Hits: 65
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......n J.- This rule under 561A of the Code of Criminal Procedure has been issued at the instance of the accused petitioner Md. Golam Mostofa (Bitu) calling upon opposite Party to show cause as to why the proceedings against the petitioner in Special Case No.24 of 2004 arising out of G.R. Case No.155 of ..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ......nt No.2 on the deed of compromise. 4. The petitioners then filed a writ petition being writ petition No.1862 of 1997 before the High Court Division whereupon a Rule Nisi was issued and all further proceeding in the said suit was stayed by an order dated 7.4.1997. The respondent No.1 has now start..Category: Civil Law | Date: | Hits: 112
M/s. Sonali Agency Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
.... to have been made without any lawful authority and as such, is of no legal effect and accordingly, quashed. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 313. ......der the Ordinance. 12. Section 120 clearly provides, amongst other, that the Inspecting Joint Commissioner of Taxes may call for from the Deputy Commissioner of Taxes and examine the record of any proceeding under this Ordinance and if he considers that any order passed therein by the Deputy Comm..Category: Fiscal/Taxation Law | Date: | Hits: 94
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......B for the term 2011-12 was held. When the allegations were being inquired into against the executive committee, the Election Board published the schedule only to avoid punishment and to frustrate the proceedings against the committee. After the so called election of the executive members was held, n..Category: Civil Law | Date: | Hits: 114
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
....ted facts no case can stands, against the accused. (2) Where the institution or continuation of proceedings against an accused person may amount to an abuse of the process of the Court or when the quashing of the impugned proceedings would secure the end of justice. (3) Where there is a legal...... Case No.10393 of 2005. Judgment Sheikh Abdul Awal J.- This Rule was issued on an application under section 561A Cr.P.C calling upon the Deputy Commissioner, Kushtia to show cause as to why the proceeding of Kushtia Police Station Case No.28 dated 22.03.2004 under sections 406/420 of the Penal..Category: Criminal Law | Date: | Hits: 92
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ......summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined at any stage of any inquiry, trial or other proceeding under the Code, if his evidence appears to it essential to the just decision of the case...Category: Criminal Law | Date: | Hits: 80
Md. Shawkat Ali Vs. Director General and others, 2010, 39 CLC (HCD)
....salaries from the month of May, 2005 as shown in the Monthly pay Order of May, 2005 and onward. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 303. ......t the petitioner, after getting appointment as Clerk-Cum-Accountant in the said College joined in the post of accountant on 28.12.1996 and since then he had been serving in the said post. There is no proceeding as initiated by anybody against him. It appears from Annexure-B that his name was duly in..Category: Employment/Service Law | Date: | Hits: 119
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