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Major General (Retd.) Mahmudul Hasan Vs. State, 2000, 29 CLC (HCD)
....responding to TR No.9 of 1991 pending in the Court of Magistrate, First Class, Kotalipara, Gopalgonj is quashed in respect of the petitioner. Ed. This Case is also Reported in: 52 DLR (2000) 612.......tant Attorney-General - For the State. Criminal Miscellaneous Case No. 831 of 1998. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the proceedings of Kotalipara PS Case No.2 dated 26-4-91 corresponding to GR No.9 of 1991 pending in the..Category: Criminal Law | Date: | Hits: 58
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....of the Investigating Officer and police ultimately submitted charge sheet which was accepted by the Magistrate, Accused moved the High Court Division on application under section 561A of the Code for quashing the proceeding challenging the legality of the proceedings on the ground that unless the or...... was not made under section 241A of the Code of Criminal Procedure, there is no legal bar in reviving the case. 8. Only point involved in this Rule is whether the learned Magistrate can revive the proceeding after the acceptance of final report recommending for discharge of accused and accused pe..Category: Criminal Law | Date: | Hits: 56
Mujibur Rahman Pathan and another Vs. State, 2011, 40 CLC (HCD)
.... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......upon the cases of The State Vs. Khondker Md. Moniruzzaman reported in 17 BLD (AD) (1997) 54 and Nazrul Islam Vs. The State reported in 50 DLR (1998) 103 to establish his contention that in a criminal proceeding, charge cannot be framed against an accused without reasonable satisfaction. 6. On the..Category: Criminal Law | Date: | Hits: 55
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
.... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ...... to dismiss a complainant if he finds after considering the statement on oath of the complainant and result of the investigation or enquiry held under section 202 if there is no sufficient ground for proceeding. Under section 241A of the Code, before framing charge, a Magistrate is also required to..Category: Criminal Law | Date: | Hits: 67
Government of Bangladesh and others Vs. Sontosh Kumar Shaha and others, 2009, 38 CLC (AD)
.... Paper-Book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ......No. 2438 of 2004) Order ABM Khairul Haque J. - This petition for leave to appeal is in respect of the judgment and order dated 04.02.2009, declaring the order of suspension and the departmental proceeding as illegal, passed in Writ Petition No. 2438 of 2004. 2. The facts leading to the fili..Category: Employment/Service Law | Date: | Hits: 73
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ...... 5. Dr. M. Zahir, learned Counsel, appearing for the petitioner submitted that the High Court Division is based on wrong premises on the premise that the petitioner did not invoke adjudication proceeding, which the petitioner indeed did as would be seen from Annexure-S and SI to the writ peti..Category: Others | Date: | Hits: 118
MA Hossain and others Vs. National Bank of Pakistan and others, 2010, 39 CLC (AD)
....of application. As such, the Rules were rightly discharged by the High Court Division. In the result, these petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 595. ......petitions. 10. It appears that the procedure contained in sub-section (5) of section 6 of the Ain is applicable with regard to sell of the properties in execution of a decree in an execution proceeding. But section 12 requires a financial institution to take an initial step to liquidate the..Category: Property Law | Date: | Hits: 54
Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)
.... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ......spondent filed another application for enrolment which was registered as diary No.6862/605 dated 16th October, 1979, before the Administrator of Waqf and on the said application the present enrolment proceeding was started. The Administrator of Waqf by order dated 2nd April, 1986 allowed the prayer ..Category: Trust/Waqf Law | Date: | Hits: 171
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
....ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......ant Attorney- General—For the State. Md. Jalal Ahmed Sikder, State Defence Lawyer—For the Condemned Prisoner. Death Reference No. 15 of 2002. Judgment AK Badrul Huq J. - This criminal proceeding by way of Death Reference is an epitome of dowry death where wife Kohinur Khatoon became ..Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......ondemned-prisoners on the dock. He admitted the fact of giving statement before the Magistrate under section 164, Cr.P.C. and proved the same as Exhibit 2. PW 2, in cross-examination, stated that the proceeding of the meeting at Mridha Bari was not reduced to writing and that he did not see Shaiokh ..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......s, On further interrogation the jail appellant disclosed that a gang of 21 persons arrived in Sylhet for the purpose of commission of dacoity. He further disclosed that he was apprehended when he was proceeding to put those arms and ammunition into the truck they brought with them. It was also discl..Category: Criminal Law | Date: | Hits: 63
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......e is found on record to prove that said Khatian No. 1134 was at all opened by said Circle Officer. 22. OPW 2 brought the record of said miscellaneous cases. After perusal of the record of mutation proceedings the learned Subordinate Judge found that return of the notice does not show that Satish ..Category: Property Law | Date: | Hits: 69
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
.... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ......application on behalf of the opposite parties for adjournment, the matter was fixed for argument hearing on 28-11-2005 and thus the application for transfer is mala fide with the view to delaying the proceeding of the suit. He further submits that the learned District Judge, having erred in law as w..Category: Civil Law | Date: | Hits: 92
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ...... as Hasan) preferred Criminal Appeal No. 3644 of 2003 and all the six condemned-prisoners including Hasan preferred Jail Appeal No. 184 of 2004 against the said judgment and order. The three criminal proceedings have been heard together and they are disposed of by this judgment. 3. This is a case..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......ation IV to section 11 of the Code of Civil Procedure and if an admission is made between the parties, none of the parties should be permitted to take that plea against the same party in a subsequent proceeding with reference to the same subject matter. 30. Since the predecessors of the plaintiff..Category: Property Law | Date: | Hits: 70
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......ules. For alleged violation of the order of the High Court Division no action had ever been taken by the writ petitioner Monowar Hossain nor was the allegation of violation proved in a properly drawn proceeding initiated by the respondent. It appears from the report dated 30-10-1998 (Annexure 3) the..Category: Employment/Service Law | Date: | Hits: 81
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......esulting in the forfeiture of the vessel without giving an opportunity to the petitioner of his right to defend or without making communication to the Embassy of China and, as such, the very criminal proceeding in the Court of Magistrate, initiation of the auction sale by the respondent Government a..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
.... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ......o. 16 dated 19-10-2000. Having not done so the letter dated 21-12-2000 and the order of the review committee dated 4-4-2001, in our opinion, have been passed without proper appreciation of the entire proceeding and without applying any mind. 18. Now coming to the question as to whether the appli..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
.... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ......ocess and no interference with any stage of the process was warranted and observed: 'a bare reading of the Ordinance and Rules will show that at no intermediate stage the legislature contemplated any proceeding which will unduly retard or obstruct the process of election". 15. From the above pron..Category: Election Law | Date: | Hits: 87
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ......e Code, etc. Not contrary to the provisions of this Act the provisions of the Code of Criminal Procedure will apply in the case of filing of the complaint; first information report, investigation and proceeding before the trial or disposal of appeal. 21. In the light of above mentioned provision ..Category: Criminal Law | Date: | Hits: 65
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