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Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....aid Act and the case was ultimately transferred to the court of Special Judge, Sher-e-Bangla Nagar, Dhaka, for holding trial. 4. On 29-1-12, the accused-petitioner submitted this application for quashing the impugned criminal proceedings and obtained the instant Rule and stay order. 5. Mr....... Khondker Musa Khaled J.- On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite-parties to show cause as to why the impugned proceeding of Special Case No.12 of 2008 arising out of Gulshan Police Station Case No.47(9) of 2007..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)
....m Ahsan, Assistant Attorney-General—For the Opposite-Party. Criminal Revision No.388 of 1996. Judgment Syed Md. Ziaul Karim J. - By this Rule, the accused-petitioners sought for quashing of the GR No.80 of 1995 under sections 467,471 of the Penal Code, pending in the Court of M......been disposed of in that case there is no bar to proceed with the criminal case........ (7) Criminal Proceedings should not run for an indefinite period It is well settled that the criminal proceedings should not be at all have indefinite period for the cause of pendency of civil suit.......Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ......se, BTCL has selected only two companies as pre-qualified to participate in the bid. It further appears that BTCL, as per the provisions of Section 93(11), instead of re-advertising was interested in proceeding further with two bidders only. In fact participation of more bidders in the bidding proce..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
....wer of the High Court Division and this power can be exercised in case of the abuse of process of Court. He submits that Section 265C or 241A of the Code of Criminal Procedure have nothing to do with quashing of a proceeding. He drew our notice to the annexures appended with supplementary affidavit ...... Judgment Borhanuddin J. — On an application under Section 561A of the Code of Criminal Procedure this Rule has been issued calling upon the opposite parties to show cause as to why the proceeding of C.R Case No.218 of 2002, pending in the Court of Magistrate, 1st Class, Cognizance Cou..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......e case of Hafez Munshi alias Hafizur Rahman Vs. State reported in 13 BLD 461. 25. We have heard the learned Advocates of both the parties and perused the record. It appears that instant criminal proceeding was started on an FIR No.13 dated 22-9-1996 lodged by P.W.1 brother of the victim. P.W.1 ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e, findings recorded or conclusions arrived at by Indian Legislatures are subject to judicial review, on limited grounds and parameters. The Supreme Court will not hesitate in discharging its duty by quashing the order or setting aside unreasonable action. In that case it has further been observed t......e Mr. Anisul Hoque, and the Ministry of Transport and Communication has restored to, because this commendable venture has thwarted something that could swing to an unpalatable predicament. During the proceedings, Mr. Manzill Murshid, the learned counsel for the Petitioner, brought to our notice cert..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
.... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ...... have jurisdiction to condone the unusual delay happened which find support from reported decision and further submits that since the litigant petitioner moved with ill advice of the learned Advocate proceeding taken after the appeal was dismissed on wrong forum the delay should be condoned. 4...Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
....is acquitted from the charges brought against him.
The Rule is disposed of accordingly.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 237
......exonerated from the charges.
5. Mr. Kamal-ul-Alam with Mr. Shahanaj Akther, the learned Advocates appearing for the petitioner, on the other hand, having placed the petition for drawing contempt proceeding along with the documents annexed therewith, submits that a clear case of contempt of Cour..
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......he petitioner bank unlike the other one impleaded as respondent before the respondent No. 2. This aspect of the case also warrants an order in favour of the petitioner impleading it as a party to the proceeding. 9. On the other hand, Mr. Mahmubul Hoque, the learned Advocate appearing on behalf ..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ...... gate. They looted away cash money and ornaments and a torch light all worth of Tk.1, 78,000. After commission of dacoity when the dacoits were rushing back the co-villagers of the informant who were proceeding towards the spot hearing hue and cry chased the dacoits and caught red-handed one of them..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ......the thing required. The Supreme Court of New York, in an opinion afterwards approved by the Court of Appeals, laid down the rule as one settled by authority, that "statutes directing the mode of proceeding by public officers are directory, and are not regarded as essential to the validity of th..Category: Others | Date: 18 Jun, 2012 | Hits: 7
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
....controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......ivisional Special Judge by his order dated 19-6-2008 rejected the application of the petitioner filed under section 241A of the Code and framed charge against him on 29-6-2008. At this stage of the proceedings, the petitioner filed an application before the High Court Division under section 561..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ......plaintiff as one of reviewing its earlier order rejecting his prayer for examination of the disputed thumb impression by expert. However, the plaintiff has made the prayer at a belated stage of the proceeding and he has secured the order ex parte from the High Court Division. In view of the abov..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
....
view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
......011
passed by the High Court Division in Writ Petition No.3479 of 2009 making the
rule absolute.
2.
The respondent Nos.1 to 10 herein filed the above mentioned writ petition
challenging the proceeding of Miscellaneous Case No.147 of 2004-2005 and the order
dated 22.03.2005 passed therein ..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)
....ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ...... Manager (Local Purchase) in Bangladesh Biman Corporation (the "Biman" in short) he received a notice being No.ACPA/15/P-32735/98/74 dated 23.03.1998 (annexure-B) to show cause as to why disciplinary proceeding should not be taken against him for causing huge financial loss to Biman in his self-inte..Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388
Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)
....ase No.16207 of 2007.) Judgment Surendra Kumar Sinha J.-This petition at the instance of the accused petitioner is from a judgment of the High Court Division rejecting his application for quashing the proceedings pending before the learned Additional Metropolitan Sessions Judge, 4th Co......the case was pending for trial for his discharge. 3. Before disposal of the said application and framing charge, the petitioner moved the petition before the High Court Division for quashing the proceedings. In the High Court Division, it was urged that the petitioner did not issue any cheque i..Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ...... his judgment and order dated 30-9-2002 found the appellants guilty under sections 302/34 of the Penal Code and sentenced each of them to death. 45. The learned Sessions Judge submitted the proceedings of the Sessions case to the High Court Division under section 374 of the Code for confir..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......claiming compensation for loss and damage suffered under the Contract and accordingly the petitioner intended to invoke the Provisions of Clause No.18.03 of the Contract and to submit the arbitration proceeding before the Singapore International Arbitration Centre (SIAC) on 17th November, 2011 which..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
.... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ......n categorically observed, inter-alia. "Action taken by the Government regarding matter already before a Court for adjudication in which the government is a parry is an affront to a judicial proceeding and is an attempt to pre-empting a judgment not to be condoned in any way." 11...Category: Family Law | Date: 30 May, 2012 | Hits: 7
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ......and revision by the High Court Division and as to review of judgment of the Code of Civil Procedure, 1908, as applied by section 141 of that Code, be final. (4) The District Judge may withdraw any proceedings under this Part from an inferior Court, and may either himself dispose of th..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
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