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Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....no order as to costs. 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: 18 BLC (HCD) (2013) 386. ......ed from the side of the defendant. Under the purview of section 58 of the Evidence Act the facts admitted need not to be proved. It requires to be mentioned here that a fact need not be proved in any proceeding which the parties thereto or their agents agrees or agree to admit at the hearing, or whi..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
....ixed the case for charge hearing at last on 25-10-2010. At this stage/the accused-petitioner, after obtaining bail, preferred this application under section 561A of the Code of Criminal Procedure for quashing the impugned proceeding and obtained the Rule and stay order on 28-9-2010. 4. Mr. KB R......mption about the allegation and explain his position regarding the acquisition of properties disclosing sources of income. Mere denial of allegation can not be taken into consideration in the instant proceeding....... (7) Section 32, Anti Corruption Commission Act, 2004 According to sectio..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
....Being aggrieved by and dissatisfied with the impugned proceedings, the accused-petitioner approached this Court with an application under section 561A of the Code of Criminal Procedure with a view to quashing the impugned proceedings and obtained this Rule along with an order of stay of the impugned......- On an application under section 561A of the Code of Criminal Procedure filed by the accused-petitioner, a Rule was issued calling upon the opposite-parties to show cause as to why the impugned proceedings of Special Case No. 22 of 2007 arising out of Dhan-mondi Police Station Case No.71 dated..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
.... the proceedings before the prosecution got an opportunity to bring evidence in support of the accusation. Defence materials as submitted by the accused-petitioner cannot be considered in a quashing proceeding………………………&hel...... question is reliable or not. This is the function of the trial Magistrate and it might so happen that quashment of criminal proceedings before commencement of trial would amount to stifling the proceedings before the prosecution got an opportunity to bring evidence in support of the accus..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......ed by the learned Special Judge, Special Court No. 3, Dhaka in Special Case No. 17 of 2011 rejecting the application under section 344 of the Code of Criminal Procedure refusing to stop the proceeding of the case. Background facts for filing the instant application are as follows; ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
....ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339. ......mbers of the Hindu community. The High Court Division further held that a shebait who is guilty of misconduct or abuses his position as a trustee could be removed by the Court in a proper judicial proceeding. 9. Having considered the oral evidence of the P.Ws. and D.Ws., the High Court Div..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......ment, which was not taken into consideration. 5. The petitioner successfully completed more than 24 years of his service in the Mills. During this long period, he did never face any departmental proceeding even any complaint. Because of his satisfactory performance, honesty and sincerity he was..Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......e have scrutinized the provision of section 6 of the Bangladesh Passport Act, 1973. Section 6 provides that:— "6. the applicant is evading or likely to evade appearance in any pending proceeding against him in a criminal court in Bangladesh or that an order prohibiting the departure ..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
.... said to be pending and accordingly, a proceeding cannot be quashed unless cognizance in respect thereof has been taken and process issued." 12. Thus it evident that an application for quashing under section 561A of the Code of Criminal Procedure is well maintainable from the date of ......ker Musa Khaled J.- On an application under section 561A of the Code of Criminal Procedure, this Rule was issued on 7-12-2009 calling upon the opposite-party to show cause as to why the criminal proceeding of GR No. 1116 of 2007 arising out of Kotwali Thana Case No.50(11) of 2007 under sections..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......2 the notice was also published in the Financial Express; that since the agenda of election of directors could not be carried out, the adjourned meeting of the 33rd AGM was required to be held before proceeding to hold the 34th AGM. Therefore, by a notice dated 10-7-2012 the company has stayed the 3..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
.... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ......ction 406 of the Penal Code, should not be quashed/set-aside and /or pass such other order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule, all further proceedings of the above mentioned CR Case were stayed for a period of 3(three) months, which has be..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ......he plaintiff) filed Title Suit No.565 of 2012 in the Court of Assistant Judge, Second Court, Dhaka for the following reliefs: "A. Pass a decree declaring that the initiation of arbitration proceeding by the defendant No.1 in Singapore bearing reference No.18477/CYK with the defendant No...Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Anti-Corruption Commission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)
....us Case No.1505 of 2009). Judgment SK Sinha J.- In this petition the petitioner Anti-Corruption Commission calls in question the propriety of the judgment of the High Court Division in quashing the proceedings in Special Case No.3 of 2009 pending before the Special Judge, Mymensingh o......05 of 2009). Judgment SK Sinha J.- In this petition the petitioner Anti-Corruption Commission calls in question the propriety of the judgment of the High Court Division in quashing the proceedings in Special Case No.3 of 2009 pending before the Special Judge, Mymensingh on technical g..Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6
Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138 ....... The respondent No. 2, Bank then issued a final notice on 27-7-2009 asking for the payment of cheque amounting to Taka 59, 23,323 by 31-7-2009 failing which it was further mentioned by the Bank that proceeding under section 138B (Negotiable Instrument Act, 1881) would be initiated against the ..Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ......contemnor No.3 and affidavit-in-opposition of added opposite parties and the Annexures appended thereto. 31. The moot question that calls for consideration by this Division in this contempt proceeding is whether the contempt petitioners, who were the added respondents in the original writ ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....spected persons are not accused before the court in the eye of law. Non-existent case can not be quashed When no criminal case exists before the date of taking congnizance, the question of quashing such a non-existent criminal case by invoking section 561A of the Code of Criminal Procedur......ent Khondker Musa Khaled J. - On an application under section 561A of the of the Code of Criminal Procedure, this Rule was issued calling upon the opposite-party to show cause as to why the proceedings of the DAG GR No.13 2002 arising out of Khulshi Police Station Case No.41 dated 30-6-200..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
.... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ......view Petitions are dismissed. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988, Order XXVI rule 1 Review of judgment or order of the Appellate Division in a criminal proceeding can only be done on the ground of an error apparent on the face of the record. The revie..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
.... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. .......16-19 of 2012 have made their submissions with reference to the grounds taken in the respective review petition. 5. The provisions of review of judgment or order of this Division in a criminal proceeding have been provided in rule 1 of Order XXVI of the Supreme Court of Bangladesh (Appellate ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ......ellip;… (4) On completion of the enquiry the Tribunal may either dismiss the complaint or, where reference to the Tribunal was made at the motion of the Bar Council, direct that the proceedings be filed; or it may make an order imposing any of the penalties referred to in clause (1..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ...... AHM Shamsuddin Choudhury J. -The Rule under adjudication, issued on 17.10.2012 was in following terms: “Let a Rule be issued calling upon the opposite party to show cause as to why the proceedings of Ramna Police Station Case No. 22 dated 10.07.2008 corresponding to G. R. No. 359/2008..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
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