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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
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
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
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