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Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......tee had no authority to recommend any punishment and they will only inquire into the allegations/charges and shall give findings whether the accused is guilty or not on each charge. In a departmental proceeding the role of the Inquiry Officer or the Inquiry Committee is only to help the "authority" ..Category: Labour and Industrial Law | Date: | Hits: 2706
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......eath comes into question is admissible in evidence being relevant whether the person was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. Such statements in law are compendio..Category: Criminal Law | Date: | Hits: 85
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....very case. The inherent power which is in the nature of extra ordinary power has to be pressed in aid when there is a flagrant abuse by subordinate Court. 14. In this Rule the petitioner prays for quashing the Judgment and order dated 31-07-2000 passed by the Additional Metropolitan Sessions Judg......eing appealable which lies to the High Court only, the Sessions Judge/Additional Metropolitan Sessions Judge had no jurisdiction to entertain the revision which is not maintainable. As the revisional proceeding being not maintainable before the Sessions Judge, the proceeding was before a Court which..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
.... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds immediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......a decision on the basis of the materials on record.……………………………………………..(11) Case of absolute civil nature to be decided by a competent civil Court In a criminal proceeding a registered deed which is prima facie based on some documents of title of its vendor can..Category: Procedural Law | Date: | Hits: 111
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ...... by the parties. The object of this opportunity as rendered by the provision is to render justice to the party deprived off from adducing suchevidence. It is correct to say that the technicality of a proceeding should not be prevailed over when the question of justice surfaced on the contending clai..Category: Property Law | Date: | Hits: 88
.... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
...... also that respondent No. 2 is the owner in possession of the case land.
22. By filing an affidavit-in-reply on behalf of the petitioners, it is stated that on the prayer of the defendants further proceeding of Title Suit No. 188 of 2006 was stayed by an order dated 9-7-06 of this Division in Civ..
Category: Property Law | Date: | Hits: 120
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......e main principles, namely, (1) When such domestic authorities have acted under bias or in bad faith or malafide; (2) When such authorities have violated the principles of natural justice in the proceedings and conclusions before it; or (3) When such authorities have exceeded their jurisdict..Category: Employment/Service Law | Date: | Hits: 169
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....s have committed offence of cheating under section 420 and 406 and along with section 109 of the Penal Code. As such, the proceeding was validly proceeding in the Court below. There is no question of quashing the proceeding, rather the rule should be discharged. 12. Having heard the parties at th...... for framing charge under section 420 of the Penal Code against the accused petitioners. Therefore, the Proceeding pending before the Court of Magistrate, 1st Class, Satkhira in CR Case No.55/2004 is proceeding in abusing of process of Court, as such, the same should be quashed and the rule is to ma..Category: Criminal Law | Date: | Hits: 102
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......ed petitioners having been acquitted under section 248 Cr.P.C. on the basis of withdrawal petition of complaint, shall stands as a legal bar for the purpose of initiating the impugned 2nd complaint proceeding. The principle of double jeopardy as contemplated under section 403 Cr.P.C. comes to o..Category: Procedural Law | Date: | Hits: 108
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......een enlarged by the fundamental rights guaranteed to him by the Constitution and thus, whenever he relies upon his fundamental rights in his application, he is, in fact, invoking the said rights. The proceedings of a writ of habeas corpus under section 491 inevitably partake of the character of proc..Category: Criminal Law | Date: | Hits: 114
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
.... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ....... Judgment Md. Ali Asgar Khan J.-This Rule on an application filed under section 561 A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the proceeding of CR case No.1221 of 2001 under section 138 of the Negotiable Instruments Act now pendin..Category: Civil Law | Date: | Hits: 163
....unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
......
Judgment
January 7, 2010.
Result:
The application is allowed.
The Companies Act, 1994 (XVIII of 1994); Sections 241, 245 and 253
The Court has been empowered to stop the winding up proceeding altogether under section 253 of the Companies Act, if it deems fit to do so. The sharehol..
Category: Company Law | Date: | Hits: 134
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
....ase of Ali Akkas Vs. Enayet Hossain reported in 27 BLD(AD) 44 wherein their Lordships held: "the settled principle of law is that to bring a case within the purview of section 561A for the purpose of quashing a proceeding one of following conditions must be fulfilled: (1) Interference even at an ....... Judgment Siddiqur Rahman Miah J.- This rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite party to show cause as to why the proceedings in ST case No.192 of 2008 arising out of CR Case No.36 of 2007 undersection 134 of the N..Category: Criminal Law | Date: | Hits: 134
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ......erial irregularity or fraud in publishing or conducting the said sale. If the ground for impugning the sale is fraud in publishing or conducting the sale then, according to the terms of the rule, the proceeding is to be initiated by a person as has been named in the said rule and recourse cannot, ce..Category: Procedural Law | Date: | Hits: 154
.... Orders previously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
...... upon request made of the Respondents. Stressing the fact that the services of the Notices of Arbitration dated 6-2-2007 on that very dated in the eye of the law constitute a commencement of arbitral proceedings, Reliant states that the Arbitration Tribunal(s) has yet to be constituted. That notwith..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
.... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ......neous Case No.97/80 on 9‑7‑80. Pre-emptee petitioners in paragraph‑4 of their written objection filed on 6‑11‑80 raised objection for non‑impleading necessary parties in the pre‑emption proceeding by the pre‑emptor-opposite parties stating that the pre‑emptor opposite parties did..Category: Property Law | Date: | Hits: 155
Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)
....n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......ccused petitioner Abul Kashem Bhuiyan sought for quashment of the order dated 19‑2‑97 passed by the learned Magistrate, 1st Class, Khagrachari Hill Tracts in CR Case No.296 of 1996 and the entire proceeding of the said case. 2. The facts relevant to dispose of the Rule, in short, are that, th..Category: Criminal Law | Date: | Hits: 89
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ......ench as none was turned up on repeated call to press the application on 11-12-2011. 2. The accused petitioner filed an application under section 561A of the Code of Criminal Procedure to quash the proceeding of Metro Sessions Case No.7270 of 2009 under section 138 of the Negotiable Instruments Ac..Category: Procedural Law | Date: | Hits: 167
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
....jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ......inal Miscellaneous Case No. 18334 of 2011. Order Salma Masud Chowdhury J.- This is an application under section 561A of the Code of Criminal Procedure filed by the petitioners challenging the proceedings of Shahbagh Police Station Case No.48 Dated 25-1-2011 corresponding to GR No.48 of 20011..Category: Criminal Law | Date: | Hits: 123
Idris Miah (Md.) Vs. State, 1998, 27 CLC (HCD)
....ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ......n the interest of justice that an inquiry should be made is to any offence referred to in section 195, sub‑section (1) clause (b) or clause (c) which appears to have been committed in relation to a proceeding in that Court, then such Court may after such inquiry if it thinks necessary record a fin..Category: Criminal Law | Date: | Hits: 72
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