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Displaying 1741-1760 of 2954 results.
Agrani Bank Vs. W Rahman Jute Mills Ltd. and ors., 1998, 27 CLC (HCD)
.... may be made to the decisions reported in 14 BLD (AD) 196 and 18 BLD 291. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 235. ......Artha Rin Adalat No.1, Dhaka and renumbered as Money Suit No.42 of 1994 which was decreed. Thereafter the Decree was put into execution in Money decree Execution case No.44 of 1997. In that execution proceeding opposite party No.1 appeared and filed an application for stay of all further proceedings..Category: Civil Law | Date: | Hits: 108
Shahidul Vs. State, 1998, 27 CLC (HCD)
....not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222.......n exercise of inherent jurisdiction by this Court under section 561A Cr.P.C. in 46 DLR (AD) 67 where our Appellate Division has held the High Court Division may exercise its inherent power to quash a proceeding or even a conviction on conclusion of trial where the Court concerned got no jurisdiction..Category: Criminal Law | Date: | Hits: 33
Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)
....ken is that when the appellate Court finds that the trial of a case is without jurisdiction, the proper course is to quash or set aside the conviction. But in both the cases it is also held that such quashing of conviction shall not amount to acquittal. Of course, it is held in the AIR Nagpur case t......es not arise. It is interesting to note that, in this reported case, the Court made the following observation: “We may observe that we have constantly cases before us of the same nature in which proceedings of the Magistrate are set aside for want of jurisdiction, and it has never occurred to u..Category: Criminal Law | Date: | Hits: 90
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......for the revisional authority to examine the records which were not before the Collector of Customs or the Appellate Authority i.e. Member NBR and the words: “call for and examine the records of the proceeding relating to the such order” as mentioned in section 196B of the Customs Act, 1969 are o..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......the purported facts put forward for consideration through the writ petitioner are so highly contentious that they cannot be resolved without examination of evidence, not possible in a judicial review proceeding. The subject matter of the writ petition falls within the exclusive domain of the governm..Category: Constitutional Law | Date: | Hits: 231
Thomarshu alias Majhi Vs. Bangladesh, 1999, 28 CLC (HCD)
.... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ......o his application is maintainable under section 28 of the Ordinance. Secondly the petitioner was entitled under section 14 of the Limitation Act for exclusion of the time from 22-03-84 to 18-05-85 in proceeding the Miscellaneous Case No.15 of 1984 bona fide in the court of District Judge. So, accord..Category: Property Law | Date: | Hits: 95
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......on of the fine as a public due in a summary way under the provisions of section 386 of the Code of Criminal Procedure without the necessity of initiating an independent, time-consuming and cumbersome proceeding. This is why in a case under the Anti-Corruption laws, an accused is sentenced to pay a f..Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......o suggest that the petitioner was made an accused and she is being compelled to give evidence against herself. He contends further that Article 35(4) of the Constitution will be attracted only if the proceeding is started with the accusation against the petitioner being compelled her to make the sta..Category: Criminal Law | Date: | Hits: 78
Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)
....Editor, Daily Jana Kantha, (3) Toab Khan, Advisory Editor, Daily Jana Kantha and (4) Borhan Ahmed, Executive Editor, Daily, Jana Kantha, having its office at 55, Motijheel Commercial Area, Dhaka, for quashing the proceeding as contained in complaint case No.1364 of 1994 under section 295A of Penal C...... Jana Kantha, (3) Toab Khan, Advisory Editor, Daily Jana Kantha and (4) Borhan Ahmed, Executive Editor, Daily, Jana Kantha, having its office at 55, Motijheel Commercial Area, Dhaka, for quashing the proceeding as contained in complaint case No.1364 of 1994 under section 295A of Penal Code, pending ..Category: Criminal Law | Date: | Hits: 52
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457....... been filed in time and whether the suit has abated in the meantime for non-substitution. Though the Court has wide discretion to allow either party to alter or amend his pleading at any stage of the proceeding for the purpose of determining the real questions in controversy between the parties on c..Category: Property Law | Date: | Hits: 71
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453.......ict Judge. The word ‘order’ has not been defined in the Ordinance. The ‘order’ in its widest sense may be said to include any decision rendered by a Court on question between the parties of a proceeding before the Court and the same can be construed or read either final or interlocutory and ..Category: Procedural Law | Date: | Hits: 67
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......case the Taxes Appellate Tribunal was justified in law to hold that the assessment made on 30-6-85 was not barred by limitation. (ii) In the facts and circumstances of the case when the assessment proceedings were in a state of pendency following issue of notices under sections 22(2) and 22(4) wh..Category: Fiscal/Taxation Law | Date: | Hits: 96
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......24. In the case of Dr. Syed Matiur Rob being dead his heirs Shainsun Nahar & others on Bangladesh and others reported in 42 DLR (AD) 126 it was further held the bar of res judicata applicable in writ proceedings on the general principle that the public interest requires that there should be an end t..Category: Civil Law | Date: | Hits: 101
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......rcumstances as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and materials disclosed by the petitioner before it that the criminal proceeding which is being or has been launched against him is being or has been taken with an ulteri..Category: Criminal Law | Date: | Hits: 100
.... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610.......arily rejected. Civil petition being No.113 of 1998 made before the Appellate Division therefrom was also dismissed on 3-12-98. The opposite parties again moved an application for stay of the further proceedings of the execution before the executing Court till disposal of their Other Class Suit No.7..
Category: Civil Law | Date: | Hits: 81
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......is plea that he was not convicted of an offence, involving moral turpitude, It was not contended even that until the conviction was not set aside, the same had acquired finality so far as the present proceedings were concerned. Nor was it argued that there was any clouding or eclipse of the said con..Category: Constitutional Law | Date: | Hits: 202
Abdul Mannan Sarker (Md.) Vs. State and others, 2001, 30 CLC (HCD)
.... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ......eral—For the State. Criminal Miscellaneous Case No. 4587 of 1999. Judgment Md. Munsurul Haque Chowdhury J.- By this Rule opposite party was called upon to show cause as to why the impugned proceeding of Motijheel PS Case No.13 dated 02-03-99 and GR case No. 1267 of 1999 now pending in the..Category: Criminal Law | Date: | Hits: 43
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......preemption application. The application was seriously opposed by the preemptors. 4. The application was heard on 4-5-2000 and rejected by the trial Court being of the view that in the frame of the proceeding, there was no scope for the Court to hear and decide on the valuation of the proceeding e..Category: Property Law | Date: | Hits: 68
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......n-law, Jamsed Ali on a mat on the floor of the four-roofed open outhouse in the east-bhiti. 4. At about 1-30 hours in the night, she woke up at the cry of her son Chand Ali P.W. 4 and when she was proceeding towards the said outhouse, 4/5 unknown persons caught hold of her and tied her eyes and m..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......y, schedule ‘Kha’ property is the homestead of the third party opposite party and the said property has been taken over possession by the decree holder petitioner through the process of execution proceeding by evicting him there form. The learned Subordinate Judge in the impugned order for resto..Category: Property Law | Date: | Hits: 82
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