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Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)

....der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......further submits that the Judgment and order of conviction and sentence having been passed on the basis of the notice dated 18.2.2007 is void ab initio. He then submits that the very initiation of the proceeding is illegal and without jurisdiction as it is based on the notice dated 18.2.2007. He last..

Category: Criminal Law | Date: | Hits: 133

Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)

....ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400.......ame should be rejected. 5. The learned Joint District Judge, 2nd Court, Habigonj by his order No.145 dated 26.10.2005 rejected the said appli­cation for rejection of the plaint but stayed further proceedings of Title Suit No.213 of 1994 till final adjudication of Title Suit No.159 of 1966. Again..

Category: Property Law | Date: | Hits: 75

Muktarpur Matashajibi Samabaya Samity Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....d of the High Court Division, be communicat­ed to the Chief Judicial Magistrate, Sunamganj for taking action as per direc­tion made above. Ed. This Case is also Reported in: 9 ADC (2012) 390. ......, and in view of the report of the inquiry conducted by the Deputy Commissioner, Sunamganj which shows that the concerned office assistant has been proceeded against, although it is not apparent what proceeding was drawn against him, prima facie it appears to us that offences mentioned in section 19..

Category: Property Law | Date: | Hits: 90

Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)

.... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......lain reading of the above quoted provisions of the Artha Rin Adalat Ain, it appears that except the provisions of this Act, no question shall be raised before any Court or authority about any pending proceeding in the Artha Rin Adalat, or its order, Judgment or decree, and if any relief is claimed o..

Category: Civil Law | Date: | Hits: 141

Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)

.... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ......t fee of Taka 25.00. Section 16 provides procedure for enforcement of decree passed by a Family Court. From the above provisions of the Family Courts Ordinance, 1985 it becomes crystal clear that the proceedings before the Family Court shall be absolutely civil in nature and a decree passed by such ..

Category: Family Law | Date: | Hits: 215

Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)

....cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......plaintiffs title in the suit holding can be allowed by amending the plaint under Order 6 rule 17 of the Code of Civil Procedure which has been worded as follows: "The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as m..

Category: Property Law | Date: | Hits: 151

Abdul Ali and another Vs. State, 1977, 6 CLC (AD)

....g and carrying of food-grains for the Government at Food Storage at Chowmu­hani. On the submission of the charge sheet, the appellants, who are the labourers, came before the High Court Division for quashing the proceeding against them, alleging that they do not come within any of the clauses of se......ther the High Court Division is justified in holding that the labourer under a Government contractor is a public servant within the meaning of S.21 of the Penal Code. 2. It appears that a criminal proceeding being G.R, Case No.242 of 1976 before the Summary Military Court, Sadar, Noakhali is pend..

Category: Criminal Law | Date: | Hits: 115

Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)

....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......in collusion with the heirs of Mainuddin to grab a portion of the land which has become valuable in the meantime. A dispute having arisen as to the possession of the land, defendant No.3, initiated a proceeding under section 145 of the Code of Criminal Procedure, in which posse­ssion having been fo..

Category: Property Law | Date: | Hits: 97

Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)

.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......e subordinate Court has com­mitted any of the mistakes as have been en­umerated in the section. This provision certainly creates a very wide power for the Court to interfere with an order made in a proceeding of a Subordinate Court under the circums­tances as stated therein but clearly implies th..

Category: Civil Law | Date: | Hits: 111

Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)

.... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ...... No. 2 on the deed of compromise. 4. The petitioners then filed a writ petition being Writ Petition No. 1862 of 1997 before the High Court Division whereupon a Rule Nisi was issued and all further proceeding in the said suit was stayed by an order dated 7-4-1997. The respondent No.1 has now start..

Category: Civil Law | Date: | Hits: 121

Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)

.... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ...... No. 1927 of 2002 Judgment Md. Emdadul Huq J. - In this case under section 561A of the Code of Criminal Procedure a Rule was issued calling upon the opposite parties to show cause as to why the proceeding, of CR Case No. 2355 of 2001 pending in the Court of Chief Metropolitan Magistrate, Dhaka..

Category: Criminal Law | Date: | Hits: 95

Saudi Bangladesh Services Company Ltd. Vs. Saudi Arabian Airlines Corporation, represented by its Country Manager, 2009, 38 CLC (HCD)

....e. Accordingly, the Award dated 8-4-2006 is hereby set aside. There will be no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.  ......n Chowdhury J. - This is an application under section 42 read with section 43 of the Arbitration Act, 2001 for setting aside the Award dated 8-4-2006 passed by the Arbitral Tribunal in an arbitration proceeding between Saudi Arabian Airlines Corporation (the claimant) and Messrs Saudi-Bangladesh Ser..

Category: Alternative Dispute Resolution | Date: | Hits: 385

Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)

.... accused acquitted. The fine already paid by the accused petitioners need be re­funded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306.......s not competent to investigate into the matter and submit any charge-sheet without the pre­vious permission from a competent Magistrate and this having not been done in the instant case the en­tire proceeding was a nullity and the trial having been initiated on the basis of the said investigation,..

Category: Criminal Law | Date: | Hits: 76

Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)

....the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209.......ated 29-7-97 the contemner-opposite party No.1 is present in Court in person. 2. This Rule for Contempt of Court was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the proceeding for contempt of Court should not be drawn up against them for not complying with the judg..

Category: Others | Date: | Hits: 142

Rieta Rahman Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....release the detenu forthwith if not wanted in connection with any other case. Let an advance order of release be issued immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 201.......returned to Bangladesh through Benapole Border on 20th August, 1975 and as per the Army Rules and Regulations be reported to 55 Brigade Head Quarter at Jessore Cantonment. Thereafter the departmental proceeding was started against the detenu and others for coming back to Bangladesh without the conse..

Category: Criminal Law | Date: | Hits: 76

Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)

....first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249.......trator and the Commi­ttee, Chapter IV Enrolment of Waqfs, Chapter V, Waqf Accounts, Chapter VI Transfer of Waqf Properties, Chapter VII Mutawallis, Chapter VIII Finance; Chapter IX, Certain Judicial proceedings, Chapter X Amendment and Repeal of certain enact­ments. Chapter XI contains certain pro..

Category: Trust/Waqf Law | Date: | Hits: 136

Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)

....etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197.......Sessions Judge, Mymensingh to any other competent Court of Sessions except Mymensingh 8. A Division Bench of the High Court Division issued Rules on 28.02.2011 and also granted stay of all further proceedings of the cases. 9. Thereafter, the respondent-state being aggrieved by and dissatisfied..

Category: Criminal Law | Date: | Hits: 80

Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)

....owed. The judgment and decree of the High Court Divi­sion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ...... it is for the first time before the High Court Division in second appeal that this question was raised. Conten­tion of Mr. M.H. Khondkar, is that a ques­tion of law may be raised at any stage of a proceeding including a proceeding before the Appellate Division. There is hardly any dis­pute that ..

Category: Property Law | Date: | Hits: 58

Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)

....rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ......directed the Income Tax Officer to made fresh assessment in accor­dance with law. On the points of jurisdiction and limitation, the Appellate Assistant Commissioner, however, held that initiation of proceedings u/s 34 of the Act was valid and not barred by limitation. The assessee pre­ferred a sec..

Category: Fiscal/Taxation Law | Date: | Hits: 104

Shafiqur Rahman and others Vs. Nurul Islam Chow­dhury and others, 1982, 11 CLC (AD)

....cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......l­ved, and appointed Circle Officer (Revenue), Chakaria receiver of the same. Written statement was filed by the predecessor of the appellants who denied to have filed any application for drawing up proceeding un­der section 145 of the Criminal Procedure Code. It was asserted by him that there was..

Category: Others | Date: | Hits: 135