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Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......ed 40 witnesses to prove the prosecution case and the defence examined witnesses including the appellant Nos.1 and 2 to establish that the above mentioned case is false and fabricated one and the proceedings were totally out of jurisdiction. The trial was held under the Emergency Ordinance, 2007..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......ML Bagga Vs. C Murhar Rao reported in AIR 1956 Hyderabad 35 wherein it has been laid down by a Division Bench that parties were governed by the law in force on the date when a suit is instituted or a proceeding commenced and any subsequent amendment or alteration cannot affect pending proceedings, m..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......ly to prohibitory injunction and the remedy of the decree‑holders for removal of new construction lies by way of a suit. The Division Bench allowed the prayer of the decree‑holders to convert the proceeding into a suit. But there is nothing in this case to show that when there is a violation of ..Category: Civil Law | Date: | Hits: 100
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....—For the Opposite Party. Criminal Miscellaneous Case No. 34345 of 2010. Judgment Moyeenul Islam Chowdhury J. - This is a petitioner under section 561A of the Code of Criminal Procedure for quashing the proceedings of ICT-BD Miscellaneous Case No.1 of 2010 pending before the Internationa......bunal issuing the warrant of arrest against the petitioner on 26-7-2010 and directing the police to produce him on 2-8-2010 are without lawful authority. The Tribunal is not empowered to commence any proceedings or pass any order in relation to the petitioner before submission of any formal charge. ..Category: Criminal Law | Date: | Hits: 103
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ......e non-Government requiring body is a sine qua non for the exercise of such power. It is a condition precedent. It cannot be whittled down by any device. It cannot be even accepted that an acquisition proceeding may be started without any agreement, but if a subsequent agreement is reached then it am..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......ners. It is further contended that the petitioners having not been made parties in Other Class Suit No.40 of 1981 and the subsequent writ petition, they are not bound by the judgments passed in those proceedings, thus the direction of changing the ownership pursuant to the deed dated 11th February, ..Category: Property Law | Date: | Hits: 68
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
.... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ......ue with Fahad Mahmood Khan, Advocates—For the Respondent No. 2. Writ Petition No. 8719 of 2010. Judgment Zinat Ara J. - In this Rule Nisi, the petitioner has challenged the legality of the proceeding of Money Decree Execution Case No.42 of 2002. pending, before the Artha Rin Adalat No...Category: Civil Law | Date: | Hits: 83
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489........ 2 appellant Ansar Ali stated that in one night about one year before accused Sanwar Hossain and Kawsar called him from his house on the plea of going to Nabiganj Mela and he accompanied them. After proceeding at some distance covering 2 Kanis of land he found deceased Khasru and accused Dalil, Taw..Category: Criminal Law | Date: | Hits: 91
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......fers from various error. 21. There is another aspect of the matter to which I think the attention of the Court of appeal below ought to have been drawn. Primarily onus, of course lies in the civil proceeding, upon the plaintiff and in this case the primary onus has been discharged satisfactorily ..Category: Property Law | Date: | Hits: 74
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......emained convicted that the ad interim injunction passed by this Court earlier on 16-1-2007 ought, thereby, to remain in place to effectively be in aid of what at the time were prospective arbitration proceedings. With that in mind this Court deeming it prudent to preserve the Performance Guarantee..Category: Alternative Dispute Resolution | Date: | Hits: 172
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......relevant under section 13 of the Evidence Act and is, therefore, legally admissible in evidence. Phipson on Evidence, Ninth Edition, at page 455 stated that "pleadings are admissible, in subsequent proceedings, to prove their own existence, the institution of the suit, and the facts in issue bet..Category: Procedural Law | Date: | Hits: 76
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. .......92 passed by the learned Divisional Special Judge, Dhaka, in Special Case No.7 of 1991 rejecting that second application filed under section 344 of the Code of Criminal Procedure for staying further proceedings in the aforesaid case started under section 409 of the Penal Code read with section 5(2)..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ...... not merely a conduit pipe and it is the Magistrate who after considering the statements on oath of the complainant and witnesses can decide whether there is in his judgment any sufficient ground for proceeding with the case or, whether he shall send the case to the Court of Sessions. It is also hel..Category: Criminal Law | Date: | Hits: 89
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....e Opposite Party No.1. Criminal Revision Case No. 270 of 1989. Judgment Abdul Bari Sarker J.- This Rule arises out of an application under section 561 A of the Code of Criminal Procedure for quashing the Petition Case No.345A‑1/89, pending in the Court of Chief Metropolitan Magistrate, Dh....... Rafiqur Rahman, the learned Advocate for the petitioners, submits that the liability to pay fine as contemplated under section 108 (2) of the Companies Act, 1913 is not an offence and, as such, the proceeding is liable to be quashed. 14. Mr. SC Das, the learned Advocate for the opposite party,..Category: Criminal Law | Date: | Hits: 89
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....the said Case No.1 of 1987‑88 by a Village Court ordering to evict the petitioner from a shop. Petitioner Ayub Ali Mohaldar opposed it and filed a petition before the Assistant judge and prayed for quashing the Execution Case. The said prayer was rejected by the Assistant Judge by his order dated ......e holder contemner No.4 to show cause why the said order dated 5.2.89 passed by Assistant Judge in Title Execution Case No.1 of 1988 shall not be set aside and pending hearing of the Rule all further proceeding in the said Title Execution Case No.1 of 1988 was stayed. The order of rule and stay was ..Category: Criminal Law | Date: | Hits: 84
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
.... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96....... that no further argument or evidence than the parties can at once adduce is required upon such of the issues as may be sufficient for the decision of the suit, and that no injustice will result from proceeding with the suit forthwith, the Court may proceed to determine such issues, pronounce judgme..Category: Procedural Law | Date: | Hits: 62
....ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407.......nerally the Bank files civil suit for recovery of its dues; but in this case as they are aware that upon proper scrutiny and adjudication their claim will not stand, they have resorted to certificate proceeding. The Krishi Bank order does not stipulate any criteria as to which cases will be filed in..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......n 15.04.2008. Section 31 of the said Ordinance provides that with the commencement of the said Ordinance, the Ain of 2002 will ipso-facto be repealed and Section 31(2) of the said Ordinance saved the proceedings already initiated under the Ain of 2002. Thereafter the Ministry of Finance placed a bil..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....f Superintendent and Remembrancer of Legal Affairs, WB Vs. Mohan Singh & others reported in AIR 1975 (SC) 1002 in which the following observation was held: "Fact that a similar application for quashing the proceeding on a former occasion was rejected by the High Court on the ground that the q...... Special Judge, Khulna Division, Khulna for should not be quashed and or pass such other or further order or orders as to this Court may seem fit and proper. Pending disposal of the Rule, all further proceedings of Special Case No.161 of 1984 arising out of GR Case No.171 of 1978 of Magura PS Case N..Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
.... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ...... and as such the pre‑emptor has no cause of action and the case was premature and (2) the document in question is a deed of exchange on the face of it and in a pre‑emption case which is a summary proceeding there is no scope for the court to go beyond the document and decide whether it was a dee..Category: Property Law | Date: | Hits: 89
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