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Yasinullah Vs. State, 2003, 32 CLC (HCD)
.... (AD) 44=2 BLC (AD) 16 and submitted that where institution or continuance of criminal proceedings against an accused person may amount to an abuse of the case of the process of the Court or when the quashing of the impugned proceedings would secure the ends of justice, the same may be quashed. 9......General—For the State. Criminal Revision No. 738 of 1999. Judgment MM Ruhul Amin J.—This Rule was issued calling upon the Deputy Commissioner, Sylhet to show cause as to why the impugned proceeding of GR Case No.219 of 1999 arising out of Balaganj PS Case No.4 dated 3‑11‑1999, pendi..Category: Criminal Law | Date: | Hits: 86
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279.......howdhury J.- On an application under section 561A of the Code of Criminal Procedure, 1898 filed by the petitioner, this Rule was issued calling upon the opposite-parties to show cause as to why the proceedings of the Sessions Case No.1832 of 2009 arising out of CR Case No.552 of 2008 (Panchlaish Z..Category: Criminal Law | Date: | Hits: 120
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272.......ocates appearing on behalf of the petitioner before us in the writ petition, the impugned order and the annexures thereof and submits that the impugned action of the respondent without initiating the proceeding of section 55 of VAT Act, 1991 but took action only on the basis of the report and reques..Category: Fiscal/Taxation Law | Date: | Hits: 196
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288.......valid or directing the Government or any officer or authority subordinate to it to return, restore, or transfer the building to any other person, or (b) suit, appeal, application or other legal proceeding is pending before any court, immediately before the date of publication of the list in th..Category: Property Law | Date: | Hits: 90
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......or invalid or directing the Government or any Officer or authority subordinate to it to return, restore or transfer the building to any person, or (b) a suit, appeal, application or other legal proceeding is pending before any court immediately before the date of publication of the list in the..Category: Property Law | Date: | Hits: 90
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....t against the accused under sections 4(2) and 5(1) of the said Act. Accused petitioner then moved this Court by filing the present application under section 561A of the Code of Criminal Procedure for quashing the proceedings of the said case on the ground that an FIR lodged under section 4(1) and se......an, Assistant Attorney-General - For the State. Criminal Revision No. 439 of 1996. Judgment Md. Hamidul Haque J.- By this Rule, the opposite party was called upon to show cause as to why the proceedings of Mirpur PS Case No.41 dated 15-1-96 pending in the Court of Chief Metropolitan Magistr..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....the Opposite Parties. Criminal Miscellaneous Case No.137 of 1997. Judgment AK Badrul Huq J.- By this application under section 561A of the Code of Criminal Procedure the petitioner prays for quashing the proceeding of a complaint case pending for trial in the Court of Metropolitan Magistrat......Parties. Criminal Miscellaneous Case No.137 of 1997. Judgment AK Badrul Huq J.- By this application under section 561A of the Code of Criminal Procedure the petitioner prays for quashing the proceeding of a complaint case pending for trial in the Court of Metropolitan Magistrate, Chittagong..Category: Criminal Law | Date: | Hits: 112
....stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
......nnection with the affairs of the Republic, as may be appropriate for the enforcement of any of the fundamental rights conferred by Part III of the Constitution.
(ii) declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic of ..
Category: Property Law | Date: | Hits: 85
AKM Rafiqual Alam Vs. State, 1997, 26 CLC (HCD)
....ner. None-for the Opposite Party. Criminal Miscellaneous Case No. 4738 of 1997. Judgment Kazi Ebadul Hoque J.- This application under section 561A of the Code of Criminal Procedure is for quashing the proceedings of CR Case No.22/97 pending in the Court of Metropolitan Magistrate, Dhaka.......for the Opposite Party. Criminal Miscellaneous Case No. 4738 of 1997. Judgment Kazi Ebadul Hoque J.- This application under section 561A of the Code of Criminal Procedure is for quashing the proceedings of CR Case No.22/97 pending in the Court of Metropolitan Magistrate, Dhaka. 2. It is ..Category: Family Law | Date: | Hits: 178
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......d. Azizul Haque J.- This Rule Nisi, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, was issued calling upon the Respondents to show cause as to why the proceeding of Special Tribunal Case No.96 of 2003 pending in the Senior Special Tribunal, Sylhet, ar..Category: Fiscal/Taxation Law | Date: | Hits: 177
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....in violation of mandatory time limits prescribed under sections 138 and 141 of the Act and the continuation of the proceeding would be a sheer abuse of the process of Court which must be prevented by quashing the proceeding of the case. Thus, he submits that the Rule is liable to be made absolute. ......f 2008. Judgment Md. Azizul Haque J.- This Rule, on an application under section 561A of the Code of Criminal Procedure, was issued calling upon the opposite parties to show cause as to why the proceedings of CR Case No.288 of 2007 (Kotwali Zone) under section 138 of the Negotiable Instruments..Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ......ecord. 10. In the instant case the only point to be decided in whether the impugned order of framing of charge against the accused petitioner is liable to be set aside. 11. Ordinarily, criminal proceeding instituted against an accused person must be tried under the provisions of law and the sa..Category: Criminal Law | Date: | Hits: 84
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....e law is that the complaint against non-payment of money has to be filed within one month of the date on which the cause of action arises. The High Court Division wrongly rejected the application for quashing. The principle of the above decision is quite applicable in our case." 22. Now the quest......f 2008. 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 shy the proceedings in CR Case No.138 of 2007 under section 138 of the Negotiable Instrument Act, 1881 now p..Category: Civil Law | Date: | Hits: 150
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ...... deal with it himself in the manner provided in such rules.” Rule 135 of the Rules run as follows: “Withdrawal of reference by the Registrar on an application by any party to an arbitration proceeding pending before an arbitrator, the Registrar may, for reasons to be recorded writing withd..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......all be held within ninety days following next after the last day of such period.” 24. The General Rule of interpretation is that if a provision contains direction respecting the time or modes of proceeding for exercise of power there is at least a strong presumption that the power must be exerc..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......it and proper, contending that the order of dismissal dated 27-9-82 is not lawful in as much as the order of conviction dated 18-8-82 got its finality on 16-11-82 and that the corporation without any proceeding has passed the dismissal order. The defendant petitioner contested the suit by filing a w..Category: Employment/Service Law | Date: | Hits: 182
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......er stated that there is no grievance for alleged inability to pay loan from the loan giving agencies, namely, BSRS and ICB. The lawyers of the aforesaid two loan giving agencies have appeared in this proceeding by filing powers, But they have not filed any application alleging that the company is un..Category: Company Law | Date: | Hits: 233
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
.... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ......rom service. The petitioner did not comply with the office orders dated 30.3.87 and 6.5.87 and instead submitted his resignation from service on the very same day i.e. on 6.5.87 to avoid departmental proceedings. He also handed over the charge of his office with effect from 6.5.87 and this brought t..Category: Employment/Service Law | Date: | Hits: 225
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......vocate appearing on behalf of the opposite parties while opposing the rule has submitted that the provision of Order VII Rule 11(d) of the Code of Civil Procedure is not maintainable in a pre-emption proceeding. According to him the learned Assistant Judge committed error of law in allowing the ap..Category: Procedural Law | Date: | Hits: 88
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235....... no complaint was filed required under section 198 of the Code so the Magistrate had no jurisdiction to take cognizance in respect of offences under sections 495/497/109 of the Penal Code. Hence, the proceedings pending before the learned Magistrate as well as the impugned order affirming the order ..Category: Criminal Law | Date: | Hits: 79
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