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Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
.... Abdus Salam Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.788 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioner is for quashing the proceedings of Session Case No.2 of 1991 pending before the Assistant Sessions Judge, S...... Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.788 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioner is for quashing the proceedings of Session Case No.2 of 1991 pending before the Assistant Sessions Judge, Shariatpur. ..Category: Criminal Law | Date: | Hits: 112
Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)
....h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ......released in favour of the instant writ petitioner. On that count the learned counsel for the petitioner, on the other hand, raised legal proposition of res-judicata that would operate as a bar in the proceeding of Title Suit No.324 of 2009. We are not concerned what will be the legal consequence as ..Category: Fiscal/Taxation Law | Date: | Hits: 172
Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......r hearing or not, as such the judgments and orders impugned are liable to be set aside. 6. Mr. Shaheed Alam, learned Advocate on the other hand submits that, the petitioner was aware of the entire proceedings related to institution of the suit up to the ex-parte decree. The learned Advocate furth..Category: Civil Law | Date: | Hits: 198
Mohiuddin Ahmed and others Vs. State, 2011, 40 CLC (HCD)
....ated 2-11-1993 under the section 506 of the Penal Code and the proceeding in the said case is hereby quashed. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 564. ......, 1st class, Bandarban Hill District in non-GR Case No.137/93 arising out of Non-FIR Case No.64/93 of Bandarban PS dated 2-11 -1993 under section 506 of the Penal Code should not be set aside and the proceedings in the said case quashed. 2. The back ground leading to the issuance of the Rule, in ..Category: Criminal Law | Date: | Hits: 90
Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
.... Abdus Salam Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.788 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioner is for quashing the proceedings of Session Case No.2 of 1991 pending before the Assistant Sessions Judge, S...... Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.788 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioner is for quashing the proceedings of Session Case No.2 of 1991 pending before the Assistant Sessions Judge, Shariatpur. ..Category: Procedural Law | Date: | Hits: 153
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......t. (d) requisitioning any public record, or copy thereof from any office; and (e) issuing commissions for the examination of witnesses and documents. 27. Section 10(3) provides that proceeding before a Court of Settlement shall be deemed to be a judicial proceeding within the mean..Category: Property Law | Date: | Hits: 158
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
....ppeal is dismissed and the order of conviction and sentence passed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72.......reported in 19 DLR 662, in support of his contention. 12. T. I. Parade are held to find out whether the suspect is the real offender or not. So the Court should insist on proper identification proceedings during investigation and if that identification is satisfactory then only the sworn test..Category: Criminal Law | Date: | Hits: 142
Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)
....nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......ights under the provisions of the Bengal Tenancy Act. It appears that both the parties have adduced rent receipts and the petitioner has paid rent upto 1991 and there was mutation though the mutation proceeding is under challenge in the appeal and, according to decision 35 DLR (AD) 216, rent receipt..Category: Property Law | Date: | Hits: 144
Amir Hossain Farhad Vs. Dr. A Mannan, 1991, 20 CLC (HCD)
....89 (Barisal), 1356 of 1991 (Dhaka). Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the first party‑petitioner under sections 439 and 561A of the Code of Criminal Procedure is for quashing the order dated 17.4.89 passed by the Sessions Judge, Bhola in Criminal Revision No. 16(1) ......ction held on 27.8.88 and forfeiting the sum of Tk. 2,72,500.00 deposited by the bidder‑opposite party being 50% of the bid money. 2. In this case an area of 3.50 acres of land was attached in a proceeding under section 145 CrPC started by the petitioner and a receiver was appointed by the Magi..Category: Others | Date: | Hits: 172
Abul Bashar Vs. The State, 1992, 21 CLC (HCD)
....or the State. Criminal Revision No.266 of 1992. Judgment Abdul Bari Sarker J.- This Rule arises out of an application under section 561A of the Code of Criminal Procedure and is for quashing the proceeding of Special Tribunal case No.100 of 1992, pending in the Court of Mr. Krishna...... Criminal Revision No.266 of 1992. Judgment Abdul Bari Sarker J.- This Rule arises out of an application under section 561A of the Code of Criminal Procedure and is for quashing the proceeding of Special Tribunal case No.100 of 1992, pending in the Court of Mr. Krishna Debanath, As..Category: Criminal Law | Date: | Hits: 104
....ormulated in this application is in the affirmative and against the Revenue.
Parties are to bear their respective costs althrough.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 389.
......t only natural and proper construction which could be placed upon the expression "levy" is "impose" and not to 11 collect". Bombay High Court proceeded to hold that it must mean any step taken or any proceeding initiated for ultimate purpose for determining the liability to the assessee and finally ..
Category: Fiscal/Taxation Law | Date: | Hits: 266
Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)
....r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the impugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ......ting aside the order date 24.08.1983 passed by Munsif 3rd, Court, Comilla in Misc. case No.28/82) Judgment ATM Afzal J. - This Rule, at the instance of the Plaintiff-Petitioner, arises out of a proceeding under Order 9, rule 13 of the Code of Civil Procedure and is directed against the judgeme..Category: Procedural Law | Date: | Hits: 127
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
.... drawer of the cheque can only be adjudicated in the trial and, as such, the proceeding cannot be quashed for factual aspect of a case. Whatever the defence case might be, that cannot be the basis of quashing the proceedings initiated against the petitioner when it is proved that the alleged cheque ......f 2007. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued upon the opposite parties to show cause as to why the proceedings in Metropolitan Case No. 2376 of 2006 arising out of petition Case No.2684 of 2005 under..Category: Criminal Law | Date: | Hits: 103
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
...., Advocate -For the State. Criminal Revision No.11 of 1983. Judgment Anwarul Huque Chowdhury J. - This Rule arises out an application under section 561A of the Code of Criminal Procedure for quashing the proceeding in Sessions Case No.5 of 1983 pending before Additional District Magistrate,......or the State. Criminal Revision No.11 of 1983. Judgment Anwarul Huque Chowdhury J. - This Rule arises out an application under section 561A of the Code of Criminal Procedure for quashing the proceeding in Sessions Case No.5 of 1983 pending before Additional District Magistrate, Jessore aris..Category: Criminal Law | Date: | Hits: 117
Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)
.... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105.......ested by the judgment-debtor No.1 on the grounds, inter alia, that this execution case has been filed beyond the scope of the judgment and drawn up order of this Court in the main suit. The execution proceeding is available against the mortgaged ship only. It is not available against the assets me..Category: Admiralty Law or Maritime Law | Date: | Hits: 360
Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)
....r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ......laintiff were enquired into by a Magistrate of the 1st Class and on the basis of the enquiry report filed by the learned Magistrate, the plaintiff was placed under suspension pending the departmental proceeding. 5. At the trial, the plaintiff examined one witness while the contesting opposite par..Category: Employment/Service Law | Date: | Hits: 194
Cyma Zarrar Vs. Arab Bangladesh Bank Limited and others, 2010, 39 CLC (HCD)
....t District Judge and Artha Rin Adalat No.3 in Miscellaneous Case No.9 of 2005 are hereby affirmed. There is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 514. ......ed by Mrs. Shahnaj Sultana learned Joint District Judge, and Artha Rin Adalat, 3rd Court Dhaka in Miscellaneous Case No.9 of 2005 rejection the application filed by the petitioner for stay of further proceeding of Miscellaneous Case No.9 of 2005. 4. In Civil Revision No.1919 of 2009 the facts lea..Category: Procedural Law | Date: | Hits: 121
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......tultala comprised in the permanent settlement estate of Touzi No.120 of Khulna Collectorate and as such the settlement authority treated the former bed of the river as Diara land. Accordingly a Diara proceeding was started, and in the CS maps (sheet Nos.1‑3) prepared in 1922‑23 this Diara land w..Category: Property Law | Date: | Hits: 118
Babu Khan Vs. State, 2003, 32 CLC (HCD)
....ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547.......the trial from the beginning has been absolutely illegal and hence the impugned judgment and order cannot sustain in the eye of law. He further submits that the accused appellant was not aware of the proceeding or of the impugned judgment and that being arrested on 29-4‑1995 he came to know of t..Category: Criminal Law | Date: | Hits: 123
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
....007 discharging the Rule. 2. The accused-petitioner filed the Criminal Miscellaneous Case No.1708 of 2007 under section 561A of the Code of Criminal Procedure before the High Court Division for quashing the proceedings of Petition Case No.268 of 2005 under sections 420/406/109 of the Penal Cod......ng the Rule. 2. The accused-petitioner filed the Criminal Miscellaneous Case No.1708 of 2007 under section 561A of the Code of Criminal Procedure before the High Court Division for quashing the proceedings of Petition Case No.268 of 2005 under sections 420/406/109 of the Penal Code, now pendin..Category: Criminal Law | Date: | Hits: 90
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