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Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......tain and adjudicate the matter or did not comply with the provisions of the Act. We find nothing from the evidence on record that the Collector of Customs lacked initial jurisdiction to entertain the proceeding and to decide the matter or he did not comply with the provisions of the Act. If the plai..Category: Fiscal/Taxation Law | Date: | Hits: 125
Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)
....ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......om the Banari Para Police Station situated at village Kundihut. Over the incident on 16-4-98 at about 1-15 PM informant Md. Nazrul Islam Sarwar Halder lodged First Information Report alleging that he proceeding from Banaripara towards Jubbudip Brick Field by rickshaw along with Khalil and Mitho and ..Category: Criminal Law | Date: | Hits: 84
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......submits that the learned Subordinate Judge also erred in law in not properly appreciating the scope of section 151 of the Code of Civil Procedure and in asking the petitioners to initiate independent proceedings for redress of their grievance on an erroneous view of law and the same has occasioned a..Category: Civil Law | Date: | Hits: 66
Abdul Majid Mondal Vs. State and another, 1999, 18 CLC (HCD)
....ming the order of the learned Magistrate is quashed. Stay order granted by this court stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 287.......the officer in charge of the said police station submitted a report recommending for appointment of a receiver under section 145 Cr.P.C. stating that there was apprehension of breach of peace and the proceeding under section 145 Cr.P.C. was drawn by the learned Magistrate on 24-11-96 on the basis of..Category: Criminal Law | Date: | Hits: 237
Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)
....sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ...... Md. Ruhul Amin J. - In this Rule obtained upon an application filed under section 561A of the Code of Criminal Procedure opposite party (The State) has been called upon to show cause as to why the proceedings of Special Case No.16 of 1994, arising out of Bhaluka PS Case No.5(10) 91 corresponding ..Category: Criminal Law | Date: | Hits: 75
AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)
....ceeding in question is liable to be quashed. It may be mentioned that other contentions raised in the revisional application are in no way to be considered as the grounds that merit consideration for quashing a proceeding. 6. In the case, seeking quashing of the proceeding whereof Rule has been o......2) and 5(1) of the Act by the order dated 31-1-1990. 4. On 6-5-1990 petitioner filed an application under section 241A of the Code of Criminal Procedure with the prayer of discharging him from the proceeding contending, inter alia, that provision of law as in the Act is applicable only in respect..Category: Criminal Law | Date: | Hits: 62
State Vs. MA Wahab, Advocate, 1998, 17 CLC (HCD)
....iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257.......former Presidents of Supreme Court Bar Association, appearing on behalf of the opposite party, submitted that the matter should be dealt with leniently and with compassion and prayed for dropping the proceedings against the opposite party in view of his reply denying the two main allegations and con..Category: Criminal Law | Date: | Hits: 92
Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)
.... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252....... such lodging of FIR with Palong PS and investigation and submission of charge sheet against the appellant by an officer of Palong PS and producing before the Magistrate Palong PS vitiated the entire proceeding and, as such, his conviction was illegal. He further submitted that seizure list witnesse..Category: Criminal Law | Date: | Hits: 73
....˜without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248.......rvice record is without any spot and any adverse remark. While 4 the petitioner was serving as Controller of Vagrancy he was placed under suspension with effect from 2-6-82 followed by a departmental proceeding on some false and frivolous charges. The petitioner was charge sheeted under Rule 2(8) of..
Category: Employment/Service Law | Date: | Hits: 73
Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)
....tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242....... it was incumbent on the learned District Judge to hold an enquiry by recording evidence of the parties to find out whether there is any prima facie case to send the matter to this court to draw up a proceeding for contempt of court. He could also do so if no denial was made or from the record it ap..Category: Criminal Law | Date: | Hits: 73
Hazrat Ali and another Vs. Kudrat Ali and others, 1991, 20 CLC (HCD)
....n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658.......gh Hazari and others, 36 DLR 272 set aside the judgment and order of the Trial Court. He also cites the case of Yakub Khan and others Vs. Amjad Ali and others, 27 DLR 164 to contend that in a summary proceeding under section 96 of the SAT Act Court cannot look into the question of benami. He contend..Category: Property Law | Date: | Hits: 72
Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)
....ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656.......e Courts committed an error of law in their decision occasioning failure of justice. The learned Advocate submits that the effect of the granting of injunction amounts to nullifying the result of the proceedings under section 145 Cr.P.C. and this is not allowed under section 56(e) of the Specific Re..Category: Property Law | Date: | Hits: 61
Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)
....ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......he provisions of the circular, and the maker can deviate from the provisions of the circular if it does not create any vested right in the meantime. The Government circular in question in the present proceeding is absolutely of a different nature which does not create any vested legal right for the ..Category: Civil Law | Date: | Hits: 99
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......(AD) 196=46 DLR (AD) 174 it has been held that Revisional jurisdiction of the High Court Division is provided for in section 115 of the Code of Civil Procedure and in making order under section 6 the proceeding, order, judgment and decree of an Artha Rin Adalat not amenable to interference by any co..Category: Administrative Law | Date: | Hits: 200
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....ity of his detention as a whole. If the source or basis of detention is found absolutely illegal and without jurisdiction, we are of the view that this Court can exercise its inherent jurisdiction in quashing those proceedings which are void ab initio but shown as sources of such detention. Since th......gally and without jurisdiction and every moment of his detention should be declared illegal and void. As regards these three cases which were tried by the Courts Mr. Rafiq‑ul‑Huq submits that the proceedings of these three cases in respect of the present detenu are also void ab initio. In this c..Category: Criminal Law | Date: | Hits: 97
Power Grid Company of Bangladesh Ltd. Vs. Rowshon Ara Begum and others, 2011, 40 CLC (AD)
....ation of the paper book is disÂpensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 558. ......ssed by the High Court Division in Writ Petition No. 10651 of 2007 making the Rule absolute. 2. The respondent Nos.1 and 2 as petitionÂers, filed the above mentioned writ petition challenging the proceeding of L.A. Case No.13 of 2007 along with a notice served under Section 6 of the Acquisition ..Category: Property Law | Date: | Hits: 81
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....he plaintiff. The appeal is, therefore, allowed withÂout any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ...... in the above writ petiÂtion and thereupon he did some earth works. The defendants asserted that they were compelled to give the work orders as per direction of the High Court Division in a contempt proceeding. The writ petition was ultimately discharged. In view of the above, whatever works the pl..Category: Civil Law | Date: | Hits: 73
Shahidullah and others Vs. State, 1991, 20 CLC (HCD)
....he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ...... Powers Act which has no application in the circumstances of the present case and as the Special Tribunal had no jurisdiction to take cognizance and to proceed with the trial this vitiated the entire proceeding. 4. Mr. MA Latif, the learned Advocate appearing in on behalf of the State, submits th..Category: Criminal Law | Date: | Hits: 60
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ...... of the East Bengal Tenancy Rules 1955 and caused interference under Rule 42 of the said Rules by holding that he had powers to correct, modify or set aside any record of rights made or passed in any proceeding following Rule Nos. 28‑32 of the said rules. 14. Let us have a look at Rule 44 of th..Category: Property Law | Date: | Hits: 73
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......ctions in not residing at her official quarter and when the appellant took action against said Rezia Khatun the informant in connivance with Rezia Khatun hatched upon a plan and initiated the present proceeding. The trial Court on consideration of the evidence on record found the appellant guilty of..Category: Criminal Law | Date: | Hits: 90
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