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Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......brick, bats and bombs breaking the glass of the said mini bus and thereby they assaulted Kamruzzaman, a Photo Journalist of 'The Daily Dainik Bangla'. While the detenue and other persons were proceeding towards BNP Office, Nay a Paltan, at the instance of the detenue some persons of the said..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ...... the High Court Division was not justified in deciding the propriety of the order of the Full Board relying on the decree passed in the said title suit. In this regard, we like to observe that in a proceeding under section 143A of the Act (since repealed), title is not decided and the decree pass..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ......A Case No.2/78-79 was given to the plaintiffs. From defendant No.2 plaintiffs further came to know that one Shuktara Printers Company Ltd filed Title Suit No. 224 of 2004 against the acquisition proceeding where all the papers of land acquisition case No.2/78-79 were submitted. Plaint..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)
....ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ...... Division finally set at rest the proposition of law in respect of issuing order of warrant of arrest in a case under Artha Rin Adalat Ain 2003. But the fact remains that the application by which the proceeding of warrant of arrest has to be set in motion should be in the manner and in keeping with ..Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4
Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)
....reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ...... came into force on 11-10-2006 when the dispute between the parties was pending before the Labour Court. Section 353(b) of the Bangladesh Labour Act, 2006 is as follows:— "Any case or proceeding pending in any Court or tribunal at the time of commencement of this Code shall continue ..Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
........................Petitioner Vs. State and another....................Opposite parties Judgment May 13, 2012. Result: The Rule is made absolute. In quashing a criminal proceeding, the court is to consider only the prima facie case against the accu......Petitioner Vs. State and another....................Opposite parties Judgment May 13, 2012. Result: The Rule is made absolute. In quashing a criminal proceeding, the court is to consider only the prima facie case against the accused. Any case which ..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
.... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
......ous Case No.543 of 2009 setting-aside the Arbitral Award dated 21-6-2009.
2. The relevant facts for disposal of the Miscellaneous Appeal may be stated as follows:—
An arbitration proceeding between the appellant Maisha Corporation (Pvt) Ltd and the respondent Bangabandhu Sheikh ..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ......st the aforesaid order dated 7-4-2011 permitting the 2nd party Rule petitioner to complete the construction of the 3rd floor at their own risk the opposite-party i.e. the 1st party of the arbitration proceeding filed provisional civil petition for Leave to Appeal No.568 of 2011 in the Appellate..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....n the petitioner moved the application under sections 561A read with 498 of the Code of Criminal Procedure he was fugitive from justice and, as such, we are unable to give any relief to a fugitive to quashing or setting aside the orders dated 30-6-1997 and 31-8-1997 respectively passed by the learne......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......বস বর্ধিত করিতে পারিবে।” 16. Having considered the section, in general, it appears that if a third party raises any objection against the execution proceeding by submitting any claim (দাবী), then he has to comply with the provision of sub-s..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......25B of the Special Powers Act, which are now pending before the Special Tribunal for trial. The concerned writ petition involved disputed questions of fact which could not be resolved in summary proceedings under article 102 of the Constitution. Hence the Rules were liable to be discharged. ..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
....pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......s not only a necessary party but also entitled to contest an appeal to be preferred by an accused person against any judgment, order or conviction passed by the Special Judge arising out of proceedings initiated by the Commission. 3. The High Court Division noticed section 10 of the C..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)
....re the High Court Division the opposite party No.2, the petitioner herein, filed counter affidavit contending, inter alia, that a similar matter had previously come before the High Court Division for quashing. That matter ultimately went before the Appellate Division wherein by a judgment, reported ......f the Securities and Exchange Ordinance. 3. The respondents herein filed Criminal Miscellaneous Case No.3280 of 2002 under section 561A of the Code of Criminal Procedure seeking quashment of the proceeding of C.R. Case No.1075 of 1997 under sections 17 and 24 of the Securities Exchange Ordinanc..Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
.... next date on 04.11.2008 for examination of witnesses. At this stage of the proceedings, the accused-petitioner filed the application before the High Court Division under section 561A of the Code for quashing the impugned proceedings and obtained the Rule giving rise to Criminal Miscellaneous Case N......State. In the circumstances, the learned Additional Session Judge issued bailable warrant against the complainant fixing the next date on 04.11.2008 for examination of witnesses. At this stage of the proceedings, the accused-petitioner filed the application before the High Court Division under secti..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
....ellaneous Case No. 9813 of 2003 discharging the Rule. 2. Criminal Miscellaneous Case No.9813 of 2003 relates to an application filed by the accused-petitioners before the High Court Division for quashing the proceedings in Sessions Case No.35 of 2002 arising out of Jamalpur PS Case No.3 dated 1......e No. 9813 of 2003 discharging the Rule. 2. Criminal Miscellaneous Case No.9813 of 2003 relates to an application filed by the accused-petitioners before the High Court Division for quashing the proceedings in Sessions Case No.35 of 2002 arising out of Jamalpur PS Case No.3 dated 1-6-2001 corre..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
....no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......2936 of 1997. Judgment Md. Ruhul Quddus J.- This Rule at the instance of the sole accused was issued on an application under section 561A of the Code of Criminal Procedure for quashment of the proceedings in Nari-o-Shishu Nirjatan Damon Case No.95 of 1996 under section 6(1) of the Nari-o-Shis..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......, Dhaka, is the subject matter of the Criminal Case. The accused persons being petitioners earlier filed an application under section 561A of the Code of Criminal Procedure for quashing the proceeding but that application was rejected on the observation as to that from the perusal of the d..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
....rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74. ...... to prevent the prolongation of litigation and to make the complainant diligent and sincere to persue the case……..(13) High Court’s Power to acquit an accused or to quash the proceedings of a case In a pending Rule before the High Court Division which has arisen out of ..Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7
....39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
......eliefs, these reliefs are not simple one in nature for adjudication in summary manner and need be adjudicated after taking both oral and documentary evidence and should not be decided in this summary proceeding under section 43 of the Companies Act. Reliance was placed on a decision in the case of N..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ...... notice itself is illegal, question to settle whether the deeds of the plaintiffs are genuine are not required. If Government want to evict plaintiffs from suit land, Government should at first start proceeding claiming the property as abandoned property, government if so advice can initiate but for..Category: Others | Date: 18 Mar, 2012 | Hits: 5
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