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Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......4th June, 2003, the decree holder came up with a application that it had amicably settled the dispute regarding payment of the decreetal amount with the judgment debtor and prayed for staying further proceedings of the executing case and that the judgment debtor had already deposited Tk. 40, 00,000/..Category: Civil Law | Date: | Hits: 90
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......eral - Opposite Party No.1 (State). Md. Khurshid Alam Khan, Advocate - Opposite Party No.2 (ACC). Criminal Miscellaneous No. 5735 of 2008. An application u/s 561A Cr.P.C for quashment of the proceedings of Special Case No. 4 of 2008 pending in the Court of Special Judge Court No. 7, Dhaka.)..Category: Criminal Law | Date: | Hits: 111
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......he same and similar purpose. Section 241A Cr.P.C. has cast a duty on the Judge to discharge the accused against whom it appears to the Court on consideration of the record that there is no ground for proceeding with the case and while passing such order the Court must record his reasons with the fin..Category: Criminal Law | Date: | Hits: 286
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
.... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......y of suits involving numerous questions of law and fact, and the transformation of a simple suit into a title suit, in which case there will be no end to the dispute. He also submits that an eviction proceeding under section 18 of the Premises Rent Control Ordinance is more or less a summary proceed..Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....ase of Abdul Quader Chowdhury Vs. The State, 28 DLR (AD) (1976) 38, it has been spelt out that to bring a case within the purview of section 561 A of the Code of Criminal Procedure for the purpose of quashing a proceeding one of the following conditions must be fulfilled: (1) Interference even at......l Quader Chowdhury Vs. The State, 28 DLR (AD) (1976) 38, it has been spelt out that to bring a case within the purview of section 561 A of the Code of Criminal Procedure for the purpose of quashing a proceeding one of the following conditions must be fulfilled: (1) Interference even at an initial..Category: Criminal Law | Date: | Hits: 86
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....J. - This petition for leave to appeal is directed against the judgment and order dated 26.04.2009 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 422 of 2009 quashing the conviction and sentence passed against the convict-respondent Md. Monwar Hossain Dipzol......der including all other papers available on record. The learned Additional Attorney General submits that the High Court Division while making the rule absolute have not appreciated correctly that the proceeding against the accused involves information from reliable source and the informant being A.S..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......ers, we have already find that the impugned orders have got no nexus to the decision mentioned above. The said Annexure-2 itself proved that the impugned orders were issued illegally. No departmental proceeding was instituted against the petitioners. Before finding them guilty without holding any de..Category: Employment/Service Law | Date: | Hits: 47
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136.......Nasiruddin is another witness who is stated to be independent. He went to the hat for purchasing cow. On his way back he found accused Tasir, Fazlur Rahman, Mafizul and Salam crossing the road. After proceeding to some distance he heard a cry (ওরে বাবা) and on hearing the same he start..Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131.......Written statement, is not the same thing as written objection because Order 6 rule 1 does not include written objection to be a pleading. Written objection filed in an interlocutory matter during the proceeding would not be a part of the pleadings of the parties in the suit as such but we are of the..Category: Civil Law | Date: | Hits: 104
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......onsistent view of our apex Court that plaintiff is to prove his case and he cannot get a decree on the weakness or failure of the defendant. The plaintiff is to prove his own case even in an ex parte proceeding. Disbelieve of the defence case 'ipso facto' does not make the plaintiff's case believabl..Category: Procedural Law | Date: | Hits: 72
Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)
....Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ....... Khurshid Alam Khan, Advocate-For the Respondent No. 2. Writ Petition No. 911 of 2011. Judgment SM Emdadul Hoque J. - This Rule Nisi calling upon the respondents to show cause as to why the proceedings of Bangladesh Labour Law (Criminal) Case No.370 of 2010 under section 307 and 310 of the..Category: Labour and Industrial Law | Date: | Hits: 156
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
....pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......xpunged from the register of Trade Marks. At the time of issuance of that rule a stay order also was granted staying operation of the said registered Trade Mark No.C-5707 in Class-29 and also further proceeding of the said Title Suit No.30 of 2000 for a limited period. Subsequently, the said period ..Category: Intellectual Property Law | Date: | Hits: 270
....ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
...... have been passed without any lawful authority and is of no legal effect and/or such or further order or orders passed as to this court may seem fit and proper.”
2. By the Rule issuing order the proceeding of the Artha Execution Case No.153 of 2010 arising out of Artha Rin Case No.153 of 2009 w..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ......een mentioned as Nator Police Station but the present case is Naldanga Police Station Case No.3 dated 05.04.2003. Thus, this notification cannot be said a proper and legal notification and subsequent proceeding is illegal and it vitiates the trial, so far the absconding accused persons are concerned..Category: Criminal Law | Date: | Hits: 82
SM Naimul Hoque Vs. Additional Deputy Commissioner (City) Dacca and others, 1981, 10 CLC (HCD)
....que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520.......on, the petitioner has challenged a decision of the Additional Deputy Commissioner of Dacca passed on 17.4.79 dis‑allowing the petitioner's application for a certified copy of the order passed in a proceeding under Article 15 of PO 16 of 1972 relating to a house at holding No. 8/2 of Block ‘A’..Category: Property Law | Date: | Hits: 65
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......e of Civil Procedure. He also submitted that the learned District Judge committed an illegality in not at all considering that the petition for amendment of the plaint can be made at any stage of the proceedings. 6. On the other hand, Mr. SK Sinha, the learned Advocate for the opposite parties, s..Category: Procedural Law | Date: | Hits: 68
.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
...... this Act so far as the same are applicable to such assets.
(2) Any order of Court made under the provisions of this section shall entitle the Administrator General,
(a) to maintain any suit or proceeding for the recovery of such assets, and
(b) if he thinks fit, to apply for letters of adm..
Category: Trust/Waqf Law | Date: | Hits: 183
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....ng could be quashed under section 561A of the Code of Criminal Procedure before cognizance was taken and also to consider-whether the High Court Division erred in law in making the Rule absolute thus quashing the proceeding without taking evidence where an offence was disclosed in the FIR. 8. Mr.......n the final report prevailed. 6. The police upon completion of investigation submitted charge-sheet on 30.09.2005 in the case arising out of the second FIR. 7. Being aggrieved by the impugned proceeding of G.R. case No. 393 of 2005 corresponding to Kotwali P.S. Case No.16 (6) 2005 under sect..Category: Criminal Law | Date: | Hits: 83
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ...... heirs of Jonab Ali in the case. It is also found that full brother of the pre-emptor named Anwar transferred his share to one Abdul Latif but the pre-emptor did not make him party to the pre-emption proceeding and such failure of the pre-emptor to implead them in the application for pre-emption is ..Category: Property Law | Date: | Hits: 62
....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......he face of the record in exercise of its inherent jurisdiction, the High Court has power under the Code of Civil Procedure, 1908 to review its own order made in writ jurisdiction in a civil matter. A proceeding under Article 98 of the Constitution concerning a civil matter being a civil proceeding r..
Category: Civil Law | Date: | Hits: 87
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