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Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......endment Act, 1958, accused-petitioner Giasuddin-al-Mamun challenged the order dated 18-10-2012, rejecting the application under section 344 of the Code of Criminal Procedure for stay of the proceedings on the ground of violation of provision of section 188 of the Code of Criminal..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....e Penal Code and fixed the next date for examination of witnesses. At that stage of the case, the petitioner filed an application before the High Court Division under section 561A of the Code for quashing the proceedings. A motion Bench which heard the application summarily rejected the same; h......and fixed the next date for examination of witnesses. At that stage of the case, the petitioner filed an application before the High Court Division under section 561A of the Code for quashing the proceedings. A motion Bench which heard the application summarily rejected the same; hence this pe..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......at discretion vested in a particular body or authority cannot sub delegate to some other authority unless statute permits such sub delegation. 16. We are of the view that since the initiation of proceeding against the petitioners is against the rule of sub delegation, hence the decision of the ..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ......-petitioners were not personally aggrieved persons and the issues involved in the writ petitions also involved disputed question of facts adjudication of which could not be embarked upon in a summary proceeding under article 102 of the Constitution; the High Court Division erred in law in makin..Category: Others | Date: 22 Nov, 2012 | Hits: 20
MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
....conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ......others. While the said case was under investigation the present petitioner by filing an application under section 561A of the Code of Criminal Procedure obtained the above mentioned Rule to quash the proceeding of the Case. A Division Bench during vacation heard the said Rule and was pleased to disc..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ......magination for less under Article 102 of the Constitution. His submission is that the law is settled that either under section 33(5) or 33(7) of Ain for any certificate has been issued, the Execution proceeding as per section 33(9) of Ain has been finally disposed of. The petitioner could have raise..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ......nvalid in the eye of law? It is a settled principle of law that the powers and functions of both the trial Court and the Appellate Court are one the same. The appeal is a continuation of the original proceeding. This being the legal position, this Court, as the last Court of facts, can arrive at suc..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
.... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ...... materials on record submits that the instant first miscellaneous appeal is not maintainable inasmuch as, the same arises from an order disallowing the Miscellaneous case for restoration of proceeding under section 96 of the State Acquisition and Tenancy Act, 1950 being Miscellaneous (Pre&..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......tle Suit No.81 of 2006. In the written statement additional facts stated were that the plaintiff by posing himself as Engineer Shamsul Kabir Humayun Reza filed the suit to grab the suit plot. So proceeding should be drawn against him under section 476(1) of the Code of Criminal Procedure for fi..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....f the case. It may be proved either by oral and documentary evidence or by circumstantial evidence. Under the circumstances, we have no hesitation in holding that there is no ingredients of quashing the impugned proceedings in the instant case as the prosecution materials indicate prima-fa......proved either by oral and documentary evidence or by circumstantial evidence. Under the circumstances, we have no hesitation in holding that there is no ingredients of quashing the impugned proceedings in the instant case as the prosecution materials indicate prima-facie offence of abetmen..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ......hed in the “Daily Ittefaq” on 20.10.2012. He submits that usually the Constitutional Courts intervene in these types of matter in order to oblige the law enforcing agencies to initiate criminal proceedings against the offenders. In view of the fact that, in the case at land, the victim hersel..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......ting the impugned order to be a justified one. In elaborating his submissions that learned Advocate brought to our notice in particular that the petitioner has been trying to delay the Execution proceeding and therefore, made an application for selling the mortgaged property in a priv..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....ted against the judgment and order dated 25.09.2012 passed by a Division Bench (Vacation Bench) of the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 making the Rule absolute and quashing the proceedings of Special Case No.30 of 2007 arising out of Metropolitan Special Case No.1......he judgment and order dated 25.09.2012 passed by a Division Bench (Vacation Bench) of the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 making the Rule absolute and quashing the proceedings of Special Case No.30 of 2007 arising out of Metropolitan Special Case No.150 of 2007 or..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ...... that the provision of section 34(9) of the Ain, 2003 “does not invite any auction sale rather it invites an issuance of the process of auction sale by the court concerned which is found in the proceeding because the step of publication of notice under section 33(4) has been taken which means ..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......ispute pending before the Australian Court amongst the supplier/shipper, Australian Commodity Management (Pvt) Limited and Gilgandra Marketing Cooperative Limited and during pendency of the said proceeding of the Australian Court the goods cannot be delivered. 4. Mr. Ariff further submits ..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
....Being aggrieved by and dissatisfied with the impugned proceedings, the accused-petitioner approached this Court with an application under section 561A of the Code of Criminal Procedure with a view to quashing the impugned proceedings and obtained this Rule. 7. At the very outset, Mr. AM Mahbubu......- On an application under section 561A of the Code of Criminal Procedure filed by the accused-petitioner, a Rule was issued calling upon the opposite-parties to show cause as to why the impugned proceedings of Special Case No.16 of 2008 arising out of ACC GR Case No.12 of 2008 corresponding to ..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......and thereby reversed the findings of the trial court by committing an error of law resulting in an error in the decision occasioning failure of justice. 10. He further submits that in the present proceeding of the suit the learned trial court passed the order No.14 dated 21.05.2005 appointing an..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ...... before this Court (Rangpur Session) in the year of 1987 being Civil Revision No.55 of 1987 and the Rule was issued on 15-2-1987 upon the opposite-parties and pending hearing of the Rule, all further proceeding of Title Suit No.17 of 1985 and Miscellaneous Case No.24 of 1986 of the Court of Munsif, ..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
..... 2. The above mentioned miscellaneous case arose out of an application filed by the petitioner before the High Court Division under section 561A of the Code of Criminal Procedure (the Code) for quashing the proceedings of Special Case No.1of 2005 under sections 406/409/420 of the Penal Co...... against him and obtained the Rule. 4. In the application, it was contended, inter alia, that after the enactment of the Durnity Daman Commission Ain, 2004 (the Ain, 2004,) the initiation of any proceeding in respect of any offence described in the schedule thereto prior sanction of the Durnity..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....ing aggrieved by and dissatisfied with the impugned proceedings, the accuseds petitioners approached this Court with two separate applications under section 561A of the Code of Criminal Procedure for quashing the impugned proceedings and obtained these Rules. 6. At the very outset, Mr. Anisul H.............(37) The Code of Criminal Procedure, 1898; Section 561A Inherent power The inherent power under section 561A of the Code of Criminal Procedure can be invoked at any stage of the proceeding even after conclusion of the trial, if it is necessary to prevent the abuse of the proces..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
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