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Subhra Nandi Majumder Vs. Amar Prasad Bhattacharjee and others, 1997, 26 CLC (HCD)
....harged. In the result, the Rule is discharged without any order as to costs, The order of stay granted by this Court stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ......9‑3‑96 bequeathing all his immoveable and moveable properties to Shubhra Nandi Majumder, daughter of Sudhir Kumar Nandi Majumder who filed an application for probate of the said will and the said proceeding is still pending being Probate Case No.186/86. The aforesaid Shubhra Nandi Majumder havin..Category: Civil Law | Date: | Hits: 117
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ...... of Accountant, Works Programme to the post of Assistant Accountant, under District Board, Mymensingh was without jurisdiction, ultra vires and against the principles of natural justice; (2) that the proceedings instituted against him by Memo dated 03.06.1974 under the Local Council Servants (Effi..Category: Employment/Service Law | Date: | Hits: 120
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....sed Nasrin Chowdhury, Ahmed Chowdhury and Nasiruddin. The case was registered as Special Case No.1 of 2005, pending in the Court of Senior Special Judge, consisting of the Sessions Judge, Sylhet. For quashing the proceeding of that special case, so far as it relates to the petitioner him on the gr...... in the Court of Senior Special Judge, consisting of the Sessions Judge, Sylhet. For quashing the proceeding of that special case, so far as it relates to the petitioner him on the grounds, (1) the proceeding of the case is abuse of process of the court as cognizance of the offences against those ..Category: Criminal Law | Date: | Hits: 85
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ......also gone through the said power of attorney deed. Save and except a limited power such as power to manage, making development of the tea estate, power to institute suit, appeal and contest any legal proceeding on behalf of the defendant, no other power has been given to the plaintiff, He is simply ..Category: Civil Law | Date: | Hits: 115
Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)
....n that the tribunal below did not practically take into consideration of the contradiction of the witness and the infirmities appearing there from. So, the convict petitioner was to be acquitted by quashing or setting aside the impugned judgment and order of conviction and sentence. 9. For bett......o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ..Category: Criminal Law | Date: | Hits: 104
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....opy of this order be forwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......ated to an interlocutory order of the Company Judge refusing either to dismiss or to stay the winding up application pending before the said Court. It was held by the Apex Court that the winding up proceeding can only be stayed if there was a bonafide dispute regarding the debt or the intention of..Category: Company Law | Date: | Hits: 164
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......tions were allowed to be tested by any cross-examination nor the application for removal of the Mutwalli was supported by any affidavit. This, in our opinion, has cut at the very root of the entire proceeding. Upon what materials the Administrator of Wakfs based his decision to remove the petiti..Category: Trust/Waqf Law | Date: | Hits: 124
Channu Mia alias Yusufuzzaman & others Vs. State, 1983, 12 CLC (HCD)
....or the Petitioner. Abdul Wadud Bhuiyan, Additional Attorney-General - For the State. Criminal Revision No.110 of 1983. Order Mustafa Kamal J.-This application u/s. 561A Cr.P.C. for quashing the proceeding in Kotwali P.S. Case No.42(5) 82 u/s. 436/511 of the Penal Code now pending ......oner. Abdul Wadud Bhuiyan, Additional Attorney-General - For the State. Criminal Revision No.110 of 1983. Order Mustafa Kamal J.-This application u/s. 561A Cr.P.C. for quashing the proceeding in Kotwali P.S. Case No.42(5) 82 u/s. 436/511 of the Penal Code now pending before the Ch..Category: Procedural Law | Date: | Hits: 123
Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)
....ute Service Limited immediately wherever situated and report compliance within 8 weeks from the date of receipt of the drawn up order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 412. ......espondent No.1 to settle its outstanding debts of Taka 4,95,773.00 as per its own schedule within 3 weeks of the receipts of the notices failing which the petitioner would be constrained to institute proceeding for its winding up. A true copy of the said notice dated 4‑11‑92 is annexed to the &n..Category: Company Law | Date: | Hits: 145
Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)
.... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ......m in person. It appears that at the meeting before the Executive Committee the plaintiff has not raised any objection against any member of the Committee including the President in taking part in the proceeding of the meeting. When the plaintiff submitted to the jurisdiction of the Executive Committ..Category: Others | Date: | Hits: 154
Sabirannessa and others Vs. Kabir Ahmed and others, 1995, 24 CLC (HCD)
....oresaid suit is hereby set aside. The order of stay passed earlier is hereby vacated. The parties will bear their respective costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 347. ......iminary decree was made final which was subsequently scaled and signed on 21‑11‑1993 and then Title Execution Case No.1 of 1993 was initiated for getting possession in the land and that execution proceeding is still pending. Thereafter defendants 8Ka‑8Cha and 121 and defendants 67, 37, 1 Cha, ..Category: Procedural Law | Date: | Hits: 112
....onnection with any other case.
Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 344.
......sons under sections 302/109 of the Penal Code sentencing each of them to suffer imprisonment for life and acquitted the remaining 13 accused persons including petitioner Abdur Rahman. Thereafter, the proceeding was submitted to the Chief Martial Law Administrator under Regulation No.3(2) of the Mart..
Category: Constitutional Law | Date: | Hits: 259
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ...... Rule under Section 561A of the Code of Criminal Procedure was issued on 23-11-98 calling upon the Deputy Commissioner, Dhaka as well as opposite party No.2, the informant to show cause as to why the proceedings in Mohammadpur PS Case No.40(11) 98 arising out of Petition Case No.4182 of 1998 pending..Category: Criminal Law | Date: | Hits: 70
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
...., expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ...... 17. In the result, the Rule is discharged without any order as to cost. The order of stay granted earlier by this Court stands vacated. The Artha Rin Adalat concerned, will, however, expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be ..Category: Civil Law | Date: | Hits: 176
Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)
....edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ...... Section 102 runs as follows : "102. Bar to Suits.‑ Except as otherwise expressly provided in this Ordinance, no decision or order of the Administrator shall be questioned in any suit or other proceeding in any Court." To consider the submissions of Mr. Ali it is necessary at the outset to..Category: Trust/Waqf Law | Date: | Hits: 131
Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)
.... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......) 64, it has been held that provision of section 120 of the Evidence Act has removed the disability of the parties to the suit and the husband or wife of any party to the suit to testify in all civil proceedings. And in criminal proceeding against any person the husband of wife of such person shall ..Category: Property Law | Date: | Hits: 134
Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
....cution would amount to an innocent party and abuse of the process of the Court. Besides, some categories of cases may also be indicated where the inherent jurisdiction can and should be exercised for quashing the proceeding. There may be cases where it may be possible for the High Court to take the ......eads as follows: Criminal Procedure Code, 1898. "Section 561A.- Ordinarily criminal proceedings instituted against an accused person must be tired under the provision of the Code and the said proceedings should not be generally interfered with at an interlocutory stage in exercise of the inh..Category: Criminal Law | Date: | Hits: 115
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......Singh as a means to extract money from the victim through his visiting relations. Batra braved the consequences of jail indignation and brought the incident to the ken of the Court resulting in these proceedings which, though not strictly traditional, are clearly in the nature of habeas corpus writ ..Category: Constitutional Law | Date: | Hits: 219
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ......of the case this revisional application is well maintainable since the Court of appeal below ignoring a decree passed by a competent Civil Court abruptly arrived at a finding in a summary pre-emption proceeding that the deed in question was out and out sale deed though the learned Assistant Judge on..Category: Property Law | Date: | Hits: 117
Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)
....es (In both the Rules). Criminal Revision Nos. 97 and 202 of 1980. Judgment ATM Afzal J.- These two rules, at the instance of the accused-petitioners, arise cut of two applications for quashing the criminal proceedings pending against them in the Court of Magistrate at Sylhet Criminal....... Criminal Revision Nos. 97 and 202 of 1980. Judgment ATM Afzal J.- These two rules, at the instance of the accused-petitioners, arise cut of two applications for quashing the criminal proceedings pending against them in the Court of Magistrate at Sylhet Criminal Revision No.97 of 198..Category: Criminal Law | Date: | Hits: 87
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