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Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ......tion is incompetent in view of the fact that any grievance arising out of a Government decision as to selection of a site for constructing a new Union Parisahd Bhaban can not be examined in a summary proceeding under the Writ Jurisdiction. In support of this submission, he has drawn our attention to..Category: Administrative Law | Date: | Hits: 261
Haji Azizur RahÂman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur RahÂman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ......defence. Heard the prosecution in details. Perused. On peruÂsal 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 before the..Category: Procedural Law | Date: | Hits: 78
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ...... heard on behalf of the prosecution only and 28‑1‑90 was fixed for Judgment. It may be mentioned that another application was also filed on behalf of the accused praying for adjournment of the proceeding to allow the accused to move a revisional application before the High Court Division agai..Category: Criminal Law | Date: | Hits: 110
Yunus Molla (Md.) Vs. State, 1995, 24 CLC (HCD)
....Abdus Salam Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.447 of 1990. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioner is for quashing the proceeding in Special Case No.500 of 1981 pending in the Court of Divisional Special Ju......amun, Assistant Attorney-General ‑ For the State. Criminal Revision No.447 of 1990. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioner is for quashing the proceeding in Special Case No.500 of 1981 pending in the Court of Divisional Special Judge, Khulna. ..Category: Procedural Law | Date: | Hits: 95
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
.... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ......e of the suit or would take away a legal right accrued to the defendant by lapse of time. ………………………………………….(30) In an action in rem under Admiralty Jurisdiction the proceeding is commenced by the arrest of the res, the ship, such arrest is not an interlocutory orde..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
.... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......eous Case No.13056 of 2008. Judgment Md. Rezaul Hasan J.- This rule under section 561A of the Code of Criminal Procedure (the code) calling upon the opposite parties to show cause as to why the proceeding of G.R. Case No.9 of 2002 arising out of Kotwali Police Station Case No.9(1)2002 under se..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......mine any witness on their behalf. The defence case as could be gather from the petition under section 561A of the Code of Criminal Prosecution is the total denial. There, inter alia, case is that the proceeding was initiated in contÂravention of the provision of Foreign Exchange ReÂgulation Act, 1..Category: Criminal Law | Date: | Hits: 109
Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)
.... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ...... the order dated 28‑11‑89 (Annexure‑E to the petition) passed by Respondent No.1, Administrator of Waqfs in EC No.843 relating to Hanif Shah Waqf Estate appointing receiver till disposal of the proceeding under section 32 of the Waqf Ordinance 1962, hereinafter in brief the Ordinance, should n..Category: Trust/Waqf Law | Date: | Hits: 85
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
.... posÂsible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ...... 14. It is admitted position, that the present petiÂtioner contested the original suit, preferred appear as well as preferred Title Suit No.309 of 2004 i.e. the present petitioners are aware of the proceeding. 15. On perusal of the Judgment passed by this Court in Civil Order No.1465 of 2007 it..Category: Procedural Law | Date: | Hits: 94
Neo Mendes and others Vs. State, 2007, 36 CLC (HCD)
....t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ......le of Criminal Miscellaneous Case No.11165 of 2005 at the instance of accused No.6, Shahabuddin Chowdhury and accused No.7, Ranjit Kumar Chowdhury of the charge-sheet were issued for quashment of the proceeding of Doublemooring P.S. Case No.17 dated 17.10.2001 under section 406/420/467/468/471/476/1..Category: Criminal Law | Date: | Hits: 70
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ...... SM Ziaul Karim J.- This Rule Nisi was issued, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why the proceedings in LA Case No.22 of 1996-97 under Process No.259/7(16) dated 5-10-1997 (Annexure-B), iss..Category: Property Law | Date: | Hits: 62
Abul Hasnat Bepari Vs. Md. Hasan Ali, 1987, 16 CLC (HCD)
....r. No one-For the Opposite Party. Criminal Revision No. 81 of 1985. Judgment Syed Misbahuddin Hossain J. - This is an application under section 561A of the Code of Criminal Procedure for quashing the proceeÂdings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistra......the dues. He further submits that since there was no entrustment of any property with the accused petitioner it will be harassment of the petitioner and an abuse of the process of law if the criminal proceeding in question is allowed to proceed. 5. On perusal of the complaint, it appears that alt..Category: Civil Law | Date: | Hits: 144
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ...... soon as the plaintiffs came to know about initiation of LA Case No.2 of 1987-88 they should not have proceeded with the suit and that the decree obtained by them even after initiation of acquisition proceeding is a nullity and, as such, the impugned judgment delivered by the High Court Division sho..Category: Property Law | Date: | Hits: 104
Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)
..... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ......ate opposite Party. Criminal Miscellaneous Case No.1565 of 2008. Judgment Sikder Maqbul Huq J.- The instant Rule was issued calling upon the opposite party to show cause as to why the proceedings of Sessions Case No.211 of 2007 arising out of Belkuchi Police station Case No.01 dated ..Category: Criminal Law | Date: | Hits: 90
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ...... suit was wrongly mentioned in the auction sale notice but, the execution case number with year was correctly mentioned in the notice. However, the petitioner on query came to know about the suit and proceeding of the execution case. Then the petitioner on 8-2-2004 filed an application under section..Category: Civil Law | Date: | Hits: 136
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......iable Instrument Act. 5. On 02.03.2008 the case was fixed for hearing of the charge. The accused petitioner filed an application under section 344 of the Code of criminal Procedure for staying the proceeding of the case and the accused petitioner filed another application under section 265C of th..Category: Criminal Law | Date: | Hits: 107
....However, the petitioner will be at liberty to give reply under section 55 of VAT Act as per notice dated 15th July, 2007(Annexure-B).
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 388.
......ny affidavit in opposition by the respondents. Mr. S. M. Moniruzzaman, the learned Assistant Attorney General candidly submits that if the part of the order passed in the impugned notice suggesting a proceeding under section 37(2) is declared without lawful authority by this Division he has nothing ..
Category: Fiscal/Taxation Law | Date: | Hits: 107
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ......ors-in-interest to the plaintiffs and pro forma defendants had tried to evict them from the suit land, in which event a petition under section 144 of the Code of Criminal Procedure was filed. In that proceeding the possession of suit land was determined in favour of the defendants. In fact the plain..Category: Civil Law | Date: | Hits: 73
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
.... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ......suit was decreed exparte by the judgment and order dated 13.11.2000. The decree holder bank, thereafter, started Execution Case No.6 of 2001 for realisation of that decretal amount. In that execution proceeding on the prayer of the decree-holder bank, the Artha Rin Adalat, passed the impugned order ..Category: Civil Law | Date: | Hits: 69
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......pped in the bud at its inception so that no further time is consumed on a fruitless litigation. A suit which on the face of it is incompetent under law should not be allowed to further encumber legal proceedings. If the suit is barred by law it is the statutory duty of Court to reject plaint……â€..Category: Property Law | Date: | Hits: 69
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