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M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......f Order 21 of the Code of Civil procedure and rejected the application dated 30.9.2009 of the petitioner filed under section 57 of the Artha Rin Adalat Ain, 2003 with prayer for stay of the execution proceeding till disposal of the Title Suit No.85 of 2009 filed by the petitioner for setting aside t..Category: Civil Law | Date: | Hits: 129
Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)
....e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......s will not be prejudiced. As regards the delay in filing the application for addition of party it needs to address that Order 1 Rule 10(2) specially provides that the Court may at any stage of the proceeding if seems that the name of any person who ought to have been joined either as plaintiff or..Category: Property Law | Date: | Hits: 96
Ejlash Mia Vs. State, 2010, 39 CLC (HCD)
....sentence so far as it relates to imposing fine with the sentences against the petitioner. 19. The Rule is accordingly disposed of and the impugned order of conviction and sentence is modified only quashing the portion of sentence so far as it relates to imposing fine against the convict-petit......tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ..Category: Criminal Law | Date: | Hits: 90
Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)
....without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ...... application for execution of the decree it is barred and becomes non-executable." He lastly submits that without considering the facts and law the Courts below allowed to continue the execution proceedings, causing serious miscarriage of justice. 8. The learned Advocate appearing for oppo..Category: Limitation Law | Date: | Hits: 147
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ...... Case so far as it relates to the CHT Regulation 1900 has been stayed till the hearing of the appeal. This Court is informed by the Assistant Attorney-General Mr. Pratikar Chakma that the said appeal proceedings are yet to commence. 27. This Judgment in the Rangamati Food Products Ltd. Case findi..Category: Constitutional Law | Date: | Hits: 314
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....osite party. Criminal Miscellaneous Case No.3472 of 2006. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application under section 561A of the Criminal Procedure Code for quashing the Judgment and order dated 29.01.2004 passed by the learned special judge, special Tribun......ing to the said contentions raised from both the side, it will be significant to mention that there is no allegation that the Tribunal had not got any jurisdiction to try the case and the whole proceeding before the Tribunal was without jurisdiction. It is also not alleged that the facts alleg..Category: Criminal Law | Date: | Hits: 99
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
...., District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ......For the State. Criminal Miscellaneous Case No. 6705 of 2009. Judgment Naima Haider J.- This is an application under section 561A of the Code of Criminal Procedure for quashment of the proceeding of the Sessions Case No.697 of 2008, now, pending in the Court of learned Joint Sessions ..Category: Criminal Law | Date: | Hits: 84
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ......and Court found the application to be maintainable and accordingly the Miscellaneous Case was being continued. The petitioner submitted an application on 18.8.2009 praying for stay of further proceeding of Execution Case and recalling the certificate issued under section 33(5) of the Artha..Category: Civil Law | Date: | Hits: 112
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......nder section 265C of the Code of Criminal Procedure it is the duty of the Court of Sessions to discharge those accused against whom it appears to the Court from the record that there is no ground for proceeding after recording its reasons upon a consideration of the materials on record and after hea..Category: Criminal Law | Date: | Hits: 99
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
....ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ......is not valid in law. 33. As per Regulation 52 (3) a Review Panel has to be constituted with minimum three members, but that does not necessarily mean that if one of the member does not participate proceeding the decision will be invalidated. In the instant case, Review Panel was of three member..Category: Others | Date: | Hits: 127
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......in front of the Civil Surgeon office room of the hospital. At that time their peon Saferuddin and stretcher bearer Abdur Rashid and Cashier Aftab returned from Bangladesh Bank with cash money and was proceeding towards their office room. It was then 12‑10 or 12‑15 P.M. At that time many members ..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......ted 7‑4‑97 passed by the Sessions Judge, Dhaka in Sessions Case No.319 of 1997 framing charge against the petitioner Mrs. Jobaida Rashid should not be set aside. By order of the same date further proceedings of the above mentioned Sessions Case was stayed. 2. Facts necessary for the purpose o..Category: Criminal Law | Date: | Hits: 107
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)
....t for 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 with quashing of a proceeding. Section 561A of the Code is an independent inherent power of the High ......cellaneous Case No.16495 of 2007. Judgment Afzal Hossain Ahmed J.- This Rule, at the instance of the accused-petitioner, was issued calling upon the opposite parties to show cause as to why the proceedings of G.R. Case No.65 of 2007 arising out of New Market Police Station Case No.32 dated 30...Category: Criminal Law | Date: | Hits: 108
Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)
....002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ......r dated 27.4.2000 passed by the Respondent No.1 most illegally and arbitrarily without obtaining any sanction from the Board of Directors. Thereafter, the respondent No.1 initiated a disciplinary proceeding against the petitioner on 30.5.2000 in which the petitioner submitted his statement of de..Category: Employment/Service Law | Date: | Hits: 166
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ...... Munsif, First Court, Tangail in Other Class Suit No.117 of 1985 or such other or further order or orders as to this Court may seem fit and proper. At the time of the issuance of the Rule all further proceedings of the aforesaid suit were stayed for a certain period and then it was extended till dis..Category: Civil Law | Date: | Hits: 112
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ......the employees of defendant No.5 the Government of the People’s Republic of Bangladesh in order to make an illegal gain of the said land, which is a Debottar property, managed to start a certificate proceeding being No.201‑A/69‑70 against the dead persons showing them as certificate debtors and..Category: Property Law | Date: | Hits: 113
Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
....nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ......rit Petition No.3344 of 1996. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioner Eastern Bank Limited calling upon the respondents to show cause as to why the proceeding and order dated 18‑7‑96 passed in Money Suit No.6 of 1994 in the Court of Subordinate..Category: Civil Law | Date: | Hits: 119
Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)
....ordingly, the application for vacating the order of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ......and will operate to the prejudice of respondent No.6. 10. Mr. Huq submits that the petitioner has already referred the matter to arbitration and in the event of his success in the said arbitration proceeding, he will be entitled to damages and compensation. Mr. Huq contends that it is a settled p..Category: Alternative Dispute Resolution | Date: | Hits: 632
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....acts no case stands against the accused. 2. Where the institution or continuance of criminal proceedings against the accused person may amount to an abuse of the process of the Court or when the quashing of the impugned proceedings would secure the ends of justice. 3. Where there is a legal ...... the Metropolitan Magistrate Court, Dhaka on 15.03.2010 and obtained bail and enjoying the same. Thereafter the case was fixed on 21.09.2010 for framing charge. 5. Being aggrieved by the aforesaid proceeding of the case, the accused petitioner has come before this court and obtained the present..Category: Criminal Law | Date: | Hits: 104
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......ry, to show that the owner did not intent to dispose of the beneficial interest therein or that the transferee or legatee holds the property for the benefit of the owner, shall be admissible in any proceedings before any Court or authority. (3) Where any immovable property is transferred to a p..Category: Property Law | Date: | Hits: 134