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....t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......excess of his power and for allowing clean drawings in different SOD accounts exceeding the face value of the securities etc. to some of the clients without any authority. Thereafter a departÂmental proceeding was started against him and the inquiry officer on inquiry found that the plaintiff is gu..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......ure-D and E to the writ petition respecÂtively) passed by the learned Judge of the Artha Rin Adalat No.4, Dhaka in Artha Rin Suit No.371 of 2003. The petitioner also challenged the initiation of the proceeding of Artha Jari Case No.214 of 2007 without drawing up final decree as well as Order No.4 d..Category: Civil Law | Date: | Hits: 269
.... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459.......f all the petitioners that they were neither asked to show cause nor were they heard at all in defence. They even did not know what was the allegation against them or what was the offence, if any. No proceeding was drawn up against them and no inquiry was made but quite arbiÂtrarily and illegally t..
Category: Others | Date: | Hits: 167
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....fence on 17.9.85 and it was numbered as Special Case No.27 of 1985. Accused Anwar moved the Criminal ReviÂsion No.137 of 1985 before the Rangpur Bench of the High Court Division u/s 561A Cr.P.C. for quashing the Criminal Proceedings. The Division Bench at Rangpur summarily rejected the application ......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ..Category: Criminal Law | Date: | Hits: 108
....lt all the three appeals are disÂmissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
......e portion of the learned SinÂgle Judge's order it was observed that the claimant, having obtained the award on the amount as to the loss or damage in question shall have now the right to institute a proceeding upon the relevant policies before the appropriate Court , if it decides to enforce the cl..
Category: Business or Commercial Law | Date: | Hits: 290
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......n that the impugned order has been issued on some uncertain, vague, and indefinite allegations of misuse of power and violaÂtion of the statutory provision by the Chairman. It is also stated that no proceeding has been initiated for the removal of the petitioner from the office of Chairmanship, nor..Category: Others | Date: | Hits: 175
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
....rthÂwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......justice. The petitioner having been acquitted in the sessions case, his arrest in the same case is illegal and unwarranted in law and as such he is entitled to be released from custody as there is no proceeding against him. Hence we direct for his reÂlease. 7. Since Dr. Rafiqur Rahman has challe..Category: Criminal Law | Date: | Hits: 101
Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)
....f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ......Advocate—For the State. Criminal Revision No.172 of 1988. Judgment Syed Misbahuddin Hossain J. - This Rule was issued calling upon the Deputy Commissioner, Bogra to show cause why further proceedings of the Special Tribunal No.8 of 1987 pending in the Court of Special Tribunal Case No.2,..Category: Procedural Law | Date: | Hits: 112
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ...... for further investigation, it appears, were also not filed through this Assistant Public Prosecutor Mr. Abdul Mannan. Not only CID official who filed the petition also prayed for stay of all further proceedings of the Sessions Cases which is inconceivable in the system of judiciary now prevalent in..Category: Criminal Law | Date: | Hits: 99
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
....ioner. AS Mamun, Assistant Attorney-General - For the State. Criminal Revision No.3237 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioner is for quashing the order 11.7.91 passed by the District Magistrate, Noagaon reviving Special Tribunal Case......x) months from the date of passing the order by the learned Sessions Judge (Special Tribunal). 4. It has been contended that District Magistrate cannot revive the case when the order stopping the proceedings has been passed by Special Tribunal. It has also been contended that further proceedings..Category: Criminal Law | Date: | Hits: 82
Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)
....amun, Assistant Attorney-General ‑ For the State. Criminal Revision No.232 of 1990. Judgment Kazi Ebadul Haque J.- This Rule at the instance of the accused petitioner, Mojibul Haque is for quashing the proceedings of Special Case No.67 of 1981 pending in the Court of Divisional Special Ju......nt Attorney-General ‑ For the State. Criminal Revision No.232 of 1990. Judgment Kazi Ebadul Haque J.- This Rule at the instance of the accused petitioner, Mojibul Haque is for quashing the proceedings of Special Case No.67 of 1981 pending in the Court of Divisional Special Judge, Dhaka. ..Category: Procedural Law | Date: | Hits: 99
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......n an error in the decision occasioning failure of justice going beyond the recitals of the deed itself in finding that it was a deed of sale and not of exchange. He also submits that in a pre-emption proceedings only the recitals of the deed of transfer are the evidence to find the nature and kind o..Category: Property Law | Date: | Hits: 89
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
....inary writ jurisdiction, can quash criminal proceeding after cognizance of the offence was taken. The Labour Court, being a Court subordinate to the High Court Division, the petitioner could pray for quashing the criminal case in question before the appropriate criminal Beach of this court under sec......€‘M and issuance of the summons contained in Annexures‑L and L(1) should not be declared to be illegal, without jurisdiction and without lawful authority and are of no legal effect and why the said proceeding should not be quashed. 2. The case of the petitioner, relevant for the purpose of d..Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
.... further submits that as the submission made on behalf of the accused petitioner relates to the merit of the case justice demands that the prosecution should be allowed to adduce evidence and as such quashing of criminal proceeding will amount to stifling the prosecution. The facts stated in the FIR......tance of the accused petitioner, the former Chairman of DIT (now RAJUK) which a Rule was issued by this court on 24.592 calling upon the Deputy Commissioner, Dhaka to show cause as to why the impuged proceedings of Special Case No.11 of 1992 now pending in the court of Additional Sessions Judge, 2nd..Category: Criminal Law | Date: | Hits: 81
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......uiyan J.- This Rule under section 561A read with section 435 of the Code of Criminal Procedure was issued calling upon the Deputy Commissioner, Dhaka and the Opposite Party No.1 to show cause why the proceeding in PeÂtition Case No. 461a1 of 1987 pending in the court of the Chief Metropolitan Magis..Category: Family Law | Date: | Hits: 255
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......ts of India have taken the aforesaid view. The said decision also quotes the Indian Supreme Court in the case of Hanskumar Kishan Chand Vs. The Union of India, AIR 1958 Supreme Court 947 touching the proceedings in arÂbitration as follows:- "When the parties enter into an agreement to have their..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ......d 18-5-2004 by this Division. (iii) Greenways Tannery and other Vs. Subordinate judge and Artha Rin Adalat No.1, Dhaka. This Writ Petition No.3292 of 1999 was filed challenging the institution and proceeding of Artha Rin suit on the ground that recommendations were not implemented by the Governme..Category: Civil Law | Date: | Hits: 141
Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)
....tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338.......l and Asgar Ali through Advocate Mr. Md. Nurul Islam Chowdhury. In this petition the petitioner states that the tadbirkar of the case is an illiterate village person having little knowledge about the proceeding of the Court. He states that as the appellant wanted to seek mercy to the Hon’ble Presi..Category: Criminal Law | Date: | Hits: 91
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in:Â 62 DLR (HCD) (2010) 483. ......is implication in the suit. 64. We have gone through the law of tort and we do not find law of tort itself prescribe for any limitation. It is the acts under which occurrence took place, the legal proceeding is guided by that law. The parties agreed that the instant occurrence is tortuous liabili..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......ll as upon the Court. Learned Advocate further submits that, in holding auction, Court is bound to act as per provisions of section 30 and 33 of Ain, 2003 which having not be complied with the entire proceeding relating to auction of the suit property is liable to be set aside. Learned Advocate rely..Category: Civil Law | Date: | Hits: 156
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