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A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
.... Deputy Commissioner, Bogra to withhold submission of charge sheet against the appellant. The appellant, however, on 25.6.79 moved the High Court Division in Criminal Revision case No.316 of 1979 for quashing of the said case and the High Court Division also granted stay of all further proceeding. I...... Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judgment and order of the High Court Division in Criminal Revision No.444 of 1980 refusing to quash the proceeding pending in the Court of Senior Special Judge, Bogra. 2. Leave was granted to consider ..Category: Criminal Law | Date: | Hits: 81
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
.... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310.......ubsequent to the filing of the suit and then the learned Single Judge observed: "In the facts and circumstances of the case I hold that the Small Cause Court Judge can decide this question in this proceeding and the Small Cause Court Judge is competent to incidentally decide the question of tit..Category: Property Law | Date: | Hits: 113
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ...... that since the Artha Rin Adalat is a civil Court under the provision of sub‑section (4) of section 5 of the Artha Rin Adalat Ain, 1990 and the Code of Civil Procedure has been made applicable to a proceeding before the Artha Rin Adalat like the proceeding in the Civil Court having general jurisdi..Category: Civil Law | Date: | Hits: 116
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......der section 151 of the Code of Civil Procedure or it is covered by the provisions of Order 41 rule 5 of the Code. Order 41 rule 5 sub‑rule (i) provides that an appeal shall not operate as a stay of proceedings under a decree or order appealed from except so far as the appellate Court may order, no..Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......d it is a Civil Court for a limited purpose and it is not a Civil Court in the ordinary sense of the term and, as such, all provisions of the Code of Civil Procedure shall not apply in respect of the proceedings of Artha Rin Adalat and only those provisions of the Code which have been made applicabl..Category: Civil Law | Date: | Hits: 121
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....Dhaka. The application was allowed and the hearing of the contempt-rule was adjourned for ''two weeks". The appellant, in the meantime appeared before the Appellate Division with an application for quashing the Contempt Proceeding but it was rejected. He was, however, allowed 10-days time by the...... Moazzem Hossain informed the Deputy Registrar about his illness and for time. How such communication can be contemptuous is not understood. Nothing was said about any record nor anything about the proceeding. Simply an information concerning his illness and prayer for time was made. 11. Next..Category: Criminal Law | Date: | Hits: 116
....of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......ining agent, as the case may be. When such a negotiation fails either party may serve a notice on the other party, 21 days notices, of lock-out or strike as the case may be, and shall have to adapt a proceeding for conciliation. If no settlement is arrived at during this course of conciliation and t..
Category: Labour and Industrial Law | Date: | Hits: 167
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ocument of mortgage of property to the Bank as per rules" and charge-sheet submitted under section 406, 409, 477A and 16(3) of E.P. Rules, 1975. 5. The petitioner moved the High Court Division for quashing the proceeding mainly on the two grounds: that the facts disclosed in the F.I.R. do not con......rtgage of property to the Bank as per rules" and charge-sheet submitted under section 406, 409, 477A and 16(3) of E.P. Rules, 1975. 5. The petitioner moved the High Court Division for quashing the proceeding mainly on the two grounds: that the facts disclosed in the F.I.R. do not constitute any c..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......conveyed notification or orders (Van Caenegem Royal Writs in England from the conquest to Glanviulle: Studies in the early history of Common Law, Seldon Society 1959). 38. From the earliest times, proceedings in the local Courts and the local communities, as well as those instituted before boroug..Category: Property Law | Date: | Hits: 159
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....of the Code of Criminal Procedure is fully applicable in the present case. We shall discuss some of the decision referred by the leaned Advocate for the petitioner in respect of sanction and scope of quashing of the proceeding, invoking jurisdiction of this Court under section 561A of the Code of Cr......f Criminal Procedure at the instance of the accused petitioner Sheikh Hasina Wazed alias Sheikh Hasina, former Prime Minister of Bangladesh calling upon the opposite party to show cause as to why the proceeding of Special Case No.1 of 2008 arising out of Tejgaon PS Case No.2 dated 2-9-2007 correspon..Category: Criminal Law | Date: | Hits: 156
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....inal proceeding under section 406 of the Penal Code, being G.R. Case No.51 of 1978 and issued process against him for criminal breach of trust. 3. The appellant moved the High Court Division for quashing the proceeding taking the ground that his failure to produce the tractor did not constitute......e Magistrate then directed the appellant to produce the tractor before, the Officer-in-Charge of the Kachua Police Station and, on the appellant's failure to produce the tractor, started a criminal proceeding under section 406 of the Penal Code, being G.R. Case No.51 of 1978 and issued process aga..Category: Criminal Law | Date: | Hits: 111
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......the provisions of the Code applicable to cases triable under this Act, subject to the provisions thereunder. 4. Section 29 of the Special Powers Act may be set out: "Application of the Code to proceedings of Special Tribunals. The provisions of the Code, so far only as they are not inconsiste..Category: Criminal Law | Date: | Hits: 99
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......sferee of the holding takes it subject to that right "whether the transfer is made before or after an application for pre emption and that subsequent transferee is a proper party to the pre-emption proceeding." These two cases do not appear to be of any help to answer the contention raised in th..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....that a case commenced with a frail FIR is incapable of reproductivity, but also included the notion that in such an event the Court need not wait to see the completion of investigation process before quashing the case because such a case can be brought to mortuary at the very moment of it’s birth ......st Information Report (FIR), dated 27th March 2002, invoking sections 409, 418, 201, 217, 218, 109 of the Penal Code, and Section 5(2) of the Prevention of Corruption Act 1947, which set the criminal proceeding concerned, rolling. The verbatim text of the FIR is reproduced below; প্রাপ..Category: Criminal Law | Date: | Hits: 133
....any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
...... by mutual discussions. It was observed that "as no case has been made out that there is any lien of anybody in the firm the financial involvement can be sorted out either mutually or by way of civil proceeding but that would not stand in the way of issuing the writ as has been prayed for".
10. L..
Category: Others | Date: | Hits: 154
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......nd Order dated 28.4.77 passed by the High Court in Civil Revision Case No.29 of 1972) Judgment Kemaluddin Hossain CJ.- Decree-holder is the appellant and the matter arises out of an execution proceeding started by one of the judgment debtors for setting aside the auction sale. The facts in..Category: Property Law | Date: | Hits: 60
Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)
....tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the observations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......ional application under Section 115 of the Code of Civil Procedure before the High Court Division but it was summarily rejected on the ground that the move taken by the appellant was for delaying the proceedings as he is in possession of the properties. 3. Against this order leave was granted to ..Category: Property Law | Date: | Hits: 78
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ...... or reward either directly or through a contractor to do any skilled, unskilled, manual, technical or clerical work whether the terms of employment be expressed or implied and for the purposes of any proceeding under this Ordinance in relation to on industrial dispute includes a person who has been ..Category: Labour and Industrial Law | Date: | Hits: 201
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......was actual apprehension of breach of peace in between the parties concerning the case land. 4. Considering the enquiry report the Chief Metropolitan Magistrate by his order dated 28-5-1997 drawing proceedings under section 145 of the Code directed the parties to maintain status quo in respect of ..Category: Criminal Law | Date: | Hits: 122
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......nal for trial. The appellants prayer for bail having been rejected by the Special Tribunal they moved the High Court Division under section 561A of the Code of Criminal Procedure for quashment of the proceedings in so far as it relates to section 16(3) of the Act. The High Court Division summarily..Category: Criminal Law | Date: | Hits: 76
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