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M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....Ļ°āĻž āĻā§āĻ¨ā§ āĻŦāĻžāĻāĻ˛āĻžāĻĻā§āĻļāĻŋ āĻŽāĻžāĻ¨ā§āĻˇā§āĻ° āĻĒāĻā§āĻˇā§āĻ āĻ¸āĻŽā§āĻāĻŦ āĻ¨āĻžāĨ¤â Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......rison in June 1980, yet they were not supplied with any official document as to their release at any point of time, not even today. No document or certified copy on the trial, the charge, deposition, proceeding, judgment or any other matter quo the trial was ever given to the Petitioner No. 1, altho..Category: Criminal Law | Date: | Hits: 154
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ......laint, if, after considering the statement on oath (if any) of the complainant and the result of the investigation or in; (if any) under section 202, there is in his Judgment no sufficient ground for proceeding such cases he shall briefly record his reasons for so doing." 18. So in accordance wit..Category: Procedural Law | Date: | Hits: 92
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ......8. The only question that falls for consideraÂtion before this Division in this Writ petition is whether under the facts and circumstances of the case the VAT authority was justified in initiating a proceeding under section 37 of the VAT Act without complying with the provision of section 55 in par..Category: Fiscal/Taxation Law | Date: | Hits: 135
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ...... fixed for their appearance before the Court, and such Court shall than communicate the order of transfer to such parties and direct them to appear before the Court to which the suit, appeal or other proceeding is to be transferred, either on the same day, or on such earliest day as may be reasonabl..Category: Civil Law | Date: | Hits: 94
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......his Court that the Subordinate Court's have committed error of law in passing decree or order occasioning failure of justice and in that case this Court is empowered to make such order in the Suit or proceeding as it things fit. Therefore, any error committed by the Subordinate Courts either at the ..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......f such allegations. In the present case Miscellaneous Case was allowed ex parte by the learned Munsif without complying with the mandatory provision of Sub-Section 13 of Section 143A. 37. Mutation proceedings are done under the State Acquisition and Tenancy Act (SAT Act) and the Rules framed ther..Category: Property Law | Date: | Hits: 115
....ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
......ree and after promulgation of the Artha Rin Adalat Ain 2003 the said execution case was renumbered as Artha Jari case No.488 of 2003 before the Artha Rin Adalat No.2 Dhaka.
4. During the execution proceeding 1st attempt was taken for auction sale of the mortgaged property under Section 33(1) of t..
Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....e court to make such order as may be necessary to give effect to any order under this code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice. The expression "quashing of proceeding" is one of compendious connotation but its practical result is setting aside ......ake such order as may be necessary to give effect to any order under this code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice. The expression "quashing of proceeding" is one of compendious connotation but its practical result is setting aside or reversal ..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ......the instant miscellaneous appeal the defendant-appellant filed an application for stay of the impugned order and this Court vide order dated 29.3.2005 stayed the impugned order along with the further proceedings of the instant suit initially for two months whereupon the plaintiff-respondents have co..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......question of fact and writ jurisdiction of the High Court Division Disputed question of fact cannot be gone into in writ jurisdiction because it needs evidence as well as a local inspection. In the proceeding under Article 102, it is not desirable, more often than not, not possible to record a fin..Category: Property Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
.... therefore, discharged. The order of stay granted earlier by this Court on 7â4â96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ......a Hall was already renamed as Bijoy Cinema Hall and it is situated on his selfâacquired land and is under his possession. The plaintiff has no manner of title or possession in the same. The suit is proceeding and the parties once again fought upto the Appellate Division and still fighting before t..Category: Procedural Law | Date: | Hits: 82
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....ir Lordship has observed in their Judgment and the order dated 24-9-86: "However, if the accused persons feel that there is no prima facie case against them they can move the appropriate Court for quashing of the case.â 6. Subsequently, the petitioner filed this Revisional application under ......o.1. Criminal Revision No.437 of 1986. Judgment K M Hasan J.- The Rule was issued calling upon the Deputy Commissioner, Dhaka and the opposite party No.1 to show cause as to why the impugned proceeding in Kotwali Police Station Case No.6(2)79 should not be quashed or such other or further o..Category: Procedural Law | Date: | Hits: 71
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....ve rise to a civil liability and not a criminal liability and, as such, the continuation of the proceedings of the above-mentioned case is a sheer abuse of process of Court which must be prevented by quashing the said proceedings. It is also submitted that the alleged money was in no manner entruste......us Case No. 10914 of 2007. Judgment Md. Azizul Haque J. - This Rule was issued under section 561A of the Code of Criminal Procedure calling upon the opposite parties to show cause as to why the proceedings of CR Case No. 227(1) of 2006 under section 406/420/109 of the Penal Code, now pending i..Category: Employment/Service Law | Date: | Hits: 238
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
....ot be quashed on the basis of defence materials which are still not part of the materials for the prosecution. The High Court Division deviated from well known norms of disposal of an application for quashing Criminal Proceeding by taking into account the defence version of the case." 12. In the ......nira Begum and othersâĻâĻâĻâĻâĻâĻâĻâĻâĻ..Opposite Parties Judgment May 15, 2008. Result: The Rule is made absolute. On the basis of the defence plea or materials the criminal proceedings should be stifled before trial when there is prima facie case for going to trialâĻâĻâ..Category: Criminal Law | Date: | Hits: 177
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ...... any lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. By the Rule issuing order dated 22.3.2009 all further proceedings of Artha Jari Case No. 12 of 2005 was stayed for a period of 3 (three) months and subseq..Category: Civil Law | Date: | Hits: 254
Gopinath Das and others Vs. Government of BanglaÂdesh & others, 2010, 39 CLC (HCD)
....of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......eir names in the SA khatian by undue influence. Plaintiff having come to learn about such recording filed three objection cases on 16-6-1978 bearing Nos.10, 11 and 12 of 1978. 10. In course of the proceedings plaintiff came to know that defendant Nos.10-17 obtained a decree dated 7-2-1975 in Titl..Category: Property Law | Date: | Hits: 149
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
.... Negotiable Instrument Act on 12-3-2008. 3. Being aggrieved there, again the petitioner filed an application under section 561 A of the Code of Criminal Procedure and obtained the instant rule for quashing the proceeding. No one appears to press this Rule. 4. Perused the application and the......nstrument Act on 12-3-2008. 3. Being aggrieved there, again the petitioner filed an application under section 561 A of the Code of Criminal Procedure and obtained the instant rule for quashing the proceeding. No one appears to press this Rule. 4. Perused the application and the grounds take..Category: Civil Law | Date: | Hits: 217
Shah Alam (Md.) Vs. Bangladesh Water DeveÂlopment Board, 2012, 41 CLC (HCD)
....rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......ill. Subsequently, plaintiff petitioner on 2-9-1992 submitted representation and asked for settlement of the bill through Arbitration. Since the defendant opposite parties failed to start Arbitration proceedings, plaintiff-petitioner by issuÂing legal notice dated 1-4-1995 upon the opposite parties..Category: Civil Law | Date: | Hits: 195
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......d preparing themselves to harvest the crops grown by the petitioner by using force and casued a reasonable belief of a serious apprehension of breach of peace and hence the application for drawing up proceeding under section 145 Cr.P.C. The learned Sab-Divisional Magistrate thereafter drew up procee..Category: Criminal Law | Date: | Hits: 88
Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
....al - For the State. Criminal Revision No.22 of 1982. Judgment Abdur Rahman Chowdhury J.- This Rule arises out of an application under section 561A of the Code of Criminal Procedure for quashing a proceeding pending against the petitioner under section 409 of the Penal Code read with s......Opposite Party Judgment October 14, 1982. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A In case of prolongation of the proceeding which will amount to a sheer abuse of the process of the Court and harassment of the accu..Category: Criminal Law | Date: | Hits: 62
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