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Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......aded in the application for pre-emption. Secondly, Mr. Chowdhury referring Exhibit "Kha" i.e. judgment and decree of Title Suit No. 30 of 1998, submits that the deed in question under the pre-emption proceeding was, in fact, a deed of mortgage but due to mistake the kabala was written as a sale deed..Category: Property Law | Date: | Hits: 67
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
.... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ......ing in the sub-section expressly providing that a revision will lie against an order of a Joint District Judge before the District Judge irrespective of the value of the subject matter of the suit or proceeding pending in the Court of Joint District Judge where ordinarily suit or proceeding of unlim..Category: Procedural Law | Date: | Hits: 90
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
.... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ......value of the security against the said credit exceeds the amount due from the petitioner company, the impugned six notices under section 9(1) (i) of the Bankruptcy Act, 1997 for initiating bankruptcy proceeding against the petitioners is illegal and colourable exercise of power under the law. 5. ..Category: Civil Law | Date: | Hits: 125
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
.... fresh complaint was filed making similar allegation. The Magistrate after holding an inquiry took cognisance of the offence. Accused Abdus Salam being unsuccessful before the High Court Division for quashing the proceedings, moved a leave petition before the Appellate Division. The Appellate Divisi......il Nadu AIR 1989 (SC) 1137 and Rambilas Singh and others Vs. State of Bihar, AIR 1989 (SC) 1593. 5. Before we decide the legal points, let us consider whether or not there is sufficient ground for proceeding against accused Mofizur Rahman or that the learned Additional Sessions Judge has rightly ..Category: Criminal Law | Date: | Hits: 49
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ...... he suspended, even his own mini Constitution was subordinate to his Martial Law dispensation. He reserved the power to revive the Constitution in doses which he did from time to time after 1985. All proceedings arising out of and in connection with Writ petitions under Article 102 of the suspended ..Category: Information Technology Law | Date: | Hits: 324
Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)
....ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ...... Laws Ordinance, 1961 to hold two posts of the government at the same time. She also submits that the matter was enquired into by the District Primary Education Officer following which a departmental proceeding was initiated against the petitioner for not carrying out the directives of the Directora..Category: Employment/Service Law | Date: | Hits: 81
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....on under the Act into affairs of the firm is to be carried on or continued." 20. From the cases referred to above, it appears that 1 in special circumstances the writ jurisdiction is attracted for quashing a criminal proceeding. Exercise of such power would depend upon the facts and circumstances......ed Mahmud Hossain J.- This Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned criminal proceedings being BACGR Case No. 9 of 2002 arising out of Sabujbag PS. Case No. 27 dated 16-1-2002 p..Category: Criminal Law | Date: | Hits: 158
Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
....s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100.......urt Division grants leave for revision on an error of an important question of law resulting in erroneous decision occasioning failure of justice and the High Court may make such order in the suit or proceeding as it thinks fit." 15. Section 115 of the Code of Civil Procedure empowers the High Co..Category: Procedural Law | Date: | Hits: 77
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ......elating to damages or compensation." 13. In the case of Farid Mia Vs. Amjad Ali reported in 42 DLR (AD) 13 at page 15 para 7(a) ATM Afzal, J as he then was, observed as follows: "In the summary proceedings under Article 102 it is not desirable and, more often than not, not possible to record a..Category: Property Law | Date: | Hits: 128
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
.... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ......t is also binding upon her successor. We find no basis in the contention of the learned Counsel. 8. When a judgment is given in evidence, the party against whom it is given in evidence may, in the proceeding in which it is given in evidence, show that the judgment was obtained by fraud or collusi..Category: Property Law | Date: | Hits: 71
....ts.
The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside.
Ed.
This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146.
......ment Purchase after examining the tender document found serious deviations of both the DCL-SBA and EPI-BFEW for which any decision of Central Committee of GovernÂment Purchase will not prejudice for proceeding to re-tender of such project as the EPI-BFEW is also entitled to participate in the re-te..
Category: Others | Date: | Hits: 164
Yusuf Mia Vs. State, 2011, 40 CLC (HCD)
....plication filed by Md. Shaidur Rahman Shahid @ Shahid, Commissioner under section 561A of the Code of Criminal Procedure the Hon’ble High Court Division, by order dated 10.07.2008 issued a rule for quashing the proceeding and stayed all further proceedings of Druta Bichar Tribunal Case No.28 of 20......ed by Md. Shaidur Rahman Shahid @ Shahid, Commissioner under section 561A of the Code of Criminal Procedure the Hon’ble High Court Division, by order dated 10.07.2008 issued a rule for quashing the proceeding and stayed all further proceedings of Druta Bichar Tribunal Case No.28 of 2004 be stayed ..Category: Criminal Law | Date: | Hits: 50
Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)
....ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ......e and that even a registered mark can be removed from the Register for non-use of the mark for a continuous period of 5 years and with those observations the learned Registrar rejected the opposition proceeding filed by the appellant before him. 4. Mr. Ohidullah, the learned Advocate appearing fo..Category: Intellectual Property Law | Date: | Hits: 210
....the suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J.- I agree.
Ed.
This Case is also Reported in:
......r case that the present appellants started Execution Case No. 20 of 1985 for Execution of the judgment and decree dated 30.11.1977 passed in other class Suit No. 41 of 1974 (Exhibit-‘ka’) and the proceeding of that case was stayed. It was the further case of the plaintiff respondent that before ..
Category: Property Law | Date: | Hits: 110
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......e question of status of the accused as a child and the jurisdiction of the tribunal was not raised before the trial Court and that the plea of jurisdiction had to be taken at the initial stage of the proceeding, so that the Bishesh Adalat would have been able to examine him to ascertain his status. ..Category: Criminal Law | Date: | Hits: 128
Shahadat Hossen Vs. State, 2011, 40 CLC (HCD)
....t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... drawing our attention to the FIR submits that since the FIR was lodged without complying the provision as laid down under section 27 of the Special Powers Act and initiation of the impugned criminal proceeding is illegal and without jurisdiction and the appellant has got fair chance of acquittal in..Category: Criminal Law | Date: | Hits: 41
Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)
....hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541....... Mohammad is found to be based on no concrete facts and sound reasonings and consequently the void finding is set aside in the interest of justice. 12. Abatement on the death of a party to a legal proceeding follows automatically unless his heirs and heiresses are substituted within the prescribe..Category: Property Law | Date: | Hits: 73
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
....onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533.......ed enterprise and as such the claim of Taka 1,98,316.00 must be held apparently to be of no factual basis. 10. In that view of the matter we are of the definite view that the respondents, prior to proceeding against the petitioner, should have issued a show cause notice and held enquiry affording..Category: Fiscal/Taxation Law | Date: | Hits: 139
Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)
....gnizance against the accused under sections 406/420 of the Penal Code and issued warrant against the accused. Thereafter, the accused preferred the above Misc. Case under section 561A of the CrPC for quashing the proceedings on the ground that no offence was committed under sections 406/420 of the P......e Opposite Parties. Criminal Miscellaneous Case No.767 of 1997 with 145 of 1997. Judgment Md. Hamidul Haque J.- By these two Rules, opposite parties were directed to show cause as to why the proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 pending in the Nalishi Adalat ‘Kaâ..Category: Criminal Law | Date: | Hits: 46
....6/93 is hereby set aside and the appellant’s mark is restored to its original position.
Send down the lower Court records expeditiously.
Ed.
This Case is also Reported in: 51 DLR (1999) 237.......ind no force in the argument advanced by Mr. Nazmul Huda. Syed Ishtiaq Ahmed, the learned Counsel appearing on behalf of the appellant, raised a question whether a foreigner can bring a rectification proceeding in this country before his production is registered. Admittedly, the respondent’s trade..
Category: Intellectual Property Law | Date: | Hits: 319
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