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Kazi Md. Ruhul Amin Vs. Abdur Rahman Chowdhury and another, 2009, 38 CLC (AD)

.... we find no sub­stance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53....... Executive Magistrate, Noakhali for holding inquiry into the mat­ter and accordingly the inquiry officer held inquiry and submitted a report on 19.09.2006 to the effect that there was no ground for proceeding against the accused persons and accordingly, the Magistrate accepted the report and disch..

Category: Criminal Law | Date: | Hits: 44

Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)

....he 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: VIII ADC (2011) 50. ......d day of June, 2009 passed by the High Court Division in Criminal Miscellaneous Case No.737 of 2004 discharging the Rule with direction to the Metropolitan Magistrate, Dhaka to dispose of the case in proceeding of G.R. Case No. 579 of 2000 arising out of Dhanmondi P.S. Case No.56(2)2000 dated 17.02...

Category: Criminal Law | Date: | Hits: 55

Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)

....t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23.......s.1-3 contested the rule by filing an affidavit-in-opposition. Their case in short is that the property was requisitioned by the Government in the year 1948 and under such circumstances, the exchange proceeding is not maintain­able and the Government has full authority to acquire the property for p..

Category: Property Law | Date: | Hits: 81

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......r it relates to the vires of the Ain of 2009. Therefore, the petitioner challenged the legality of the Metro Special Case No.126 of 2010 in Writ Petition No.6286 of 2010 mainly on the ground that the proceedings under the provisions of the Ain of 2009 is barred under Articles 35(1) and 44 of the Con..

Category: Civil Law | Date: | Hits: 174

State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)

.... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ...... “...........it would be desirable if the Court before examining the child as a witness, tests his intellectual capacity by putting a few simple and ordinary questions to him and to record a brief proceeding so that the higher Court may feel satisfied as to the capacity of the child to give evide..

Category: Criminal Law | Date: | Hits: 84

Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)

....he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for re­hearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ......this application on merit as mere filing of a leave petition does not ipso facto take away the jurisdiction of this Court, unless any interim order was passed by the Appellate Division regulating the proceeding of the High Court Division. Therefore, I proceed to dispose of the application on merit. ..

Category: Property Law | Date: | Hits: 73

Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)

....ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ......ullah, the learned Advocate appearing for the respondent No. 2 , on the other hand, submits that although the respondent No. 2 did not file any objection at the initial stage against the registration proceeding yet they are very much entitled to file the rectification application under section 46 of..

Category: Intellectual Property Law | Date: | Hits: 226

Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)

....plication. 5. Mr. Rafique‑ul Huq, the learned Counsel, has appeared in this case and he has contended that the petitioner in the instant application under section 561A Cr.P.C. has not sought for quashing any proceeding or any order passed by the Chief Metropolitan Magistrate. Pointing out and p...... 5. Mr. Rafique‑ul Huq, the learned Counsel, has appeared in this case and he has contended that the petitioner in the instant application under section 561A Cr.P.C. has not sought for quashing any proceeding or any order passed by the Chief Metropolitan Magistrate. Pointing out and placing sectio..

Category: Criminal Law | Date: | Hits: 60

Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)

....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......ey­-General-For the State. Criminal Miscellaneous Case No. 9145 of 2002 with Criminal Miscellaneous Case No. 9146 of 2002. Judgment SK Sinha J.- These two Rules arise out of the same proceedings and therefore, these Rules are disposed of by this judgment. These Rules were issued cal..

Category: Criminal Law | Date: | Hits: 70

State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ...... in respect of telephone call of Abdus Sabur, telephonic conversation, arrival of Abdus Sabur in the house of PW 36 and discussion between Abdus Sabur and Fatik and their departure from the house and proceeding towards KhuIna are consistent and not at all discrepant. Discrepancy in respect of demand..

Category: Criminal Law | Date: | Hits: 69

Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)

....any offence against the accused-petitioner and the allegations are preposterous. In such view of the facts and circumstances of the case and the materials on record, we find no merit in this Rule for quashing the proceeding of CR No. 5149 of 1999 under sections 406/420 of the Penal Code pending in t...... Judgment Md. Ali Asgar Khan J.- This Rule on an application filed under section 561 A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the proceeding of CR No. 5149 of 1999 under sections 406/420 of the Penal Code pending in the Court of C..

Category: Criminal Law | Date: | Hits: 38

Abarak Ali Vs. Shefaul Karim, Assistant Commissioner, (Land) Jagannathpur, District Sunamganj, 1998, 27 CLC (HCD)

....without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 183.......s Rule at the instance of the petitioner under Article 102 of the Constitution of the People’s Republic of Bangladesh was issued calling upon the respondents to show cause why the initiation of the proceedings of Miscellaneous (Eviction) Case No. 67/93-94 of the Office of the Assistant Commissione..

Category: Property Law | Date: | Hits: 172

Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)

....s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......d Alam Khan submits that since the allegation of forgery along with criminal misconduct are available in the present case against the accused­-petitioner as well as two public servants, the criminal proceeding is not barred under section 195(1)(c) of the Code of Criminal Procedure. In support of hi..

Category: Criminal Law | Date: | Hits: 42

Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)

....e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......es with admittedly genuine signature in Monindra Vs. Mahalaxmi Bank, AIR 1945 PC 325 and Gannanianeedi Madhavayya and another Vs. Gannamaneedi Achamma and another, AIR 1949 PC 325................ the proceeding is still pending in the Court below and sufficient guidance has been given by the long li..

Category: Property Law | Date: | Hits: 61

Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)

....hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ......f 1992. By an order dated 2‑8‑94 this Division directed the Government to make final assessment of compensation of the land within a period of six months from date and to complete the acquisition proceeding by gazette notification. When the respondents did not take any step within the period fix..

Category: Property Law | Date: | Hits: 77

Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)

....esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ...... for just decision of the case. 14. Now let us examine the power of the Court under section 540 of the CrPC which reads as follows: “Any Court may, at any stage of any inquiry, trial or other proceeding under this code, summon any person as a witness, or examine any person in attendance, tho..

Category: Criminal Law | Date: | Hits: 60

Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)

.... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ......40 of the Code of Criminal Procedure a court has power to recall any witness and to re‑examine him either of its own motion or at the instance of a party at any stage of the inquiry, trial or other proceeding under this Code "if his evidence appears to it essential to the just decision of the case..

Category: Criminal Law | Date: | Hits: 48

Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)

.... Tribunal Case No. 6 of 2003 should be quashed and the petitioner already filed an application before us on 11‑3‑2003 praying to stay proceeding of the aforesaid case, but the aforesaid prayer of quashing the proceeding being not covered by the Rule issued by this Court and for other obvious rea......xcluded by the enactment empowering him to so act. 19. We have noticed that the authorities in the present case at all stages failed to adopt the elementary and essential principles of fairness by proceeding against the appellant keeping himself in complete darkness and then presenting him with a..

Category: Criminal Law | Date: | Hits: 63

Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)

....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ...... of the Code of Civil Procedure against order No. 13 dated 25‑11‑2001 passed by Subordinate Judge, Court No. 5 at Dhaka in Title Suit No. 31 of 2001, which rejected the prayer for stay of further proceedings of the suit. 2. Opposite party No.1, a firm engaged in exporting jute goods, as plain..

Category: Alternative Dispute Resolution | Date: | Hits: 245

Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)

....er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......the mandatory duty of the trial Court is to consider the record of the case and documents submitted therewith and then after hearing the parties if he considers that there is no sufficient ground for proceeding against any accused he may discharge him recording the reasons for so doing. The learned ..

Category: Criminal Law | Date: | Hits: 82