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Hasibul Bashar (Md.) Vs. Dilshed Huda and another, 2002, 31 CLC (HCD)
....me of issuance of the Rule is recalled. Let the copy of this order be sent to the court of Metropolitan Magistrate, Dhaka for information. Ed. This Case is also Reported in: 55 DLR (2003) 200.......f 2001. Judgment Md. Ali Asgar Khan J.- This Rule on an application under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the proceeding of Petition Case No. 689 of 1999 under section 138 of the Negotiable Instruments Act now ..Category: Criminal Law | Date: | Hits: 28
Habibur Rahman Hawlader Vs. State and another, 2000, 29 CLC (HCD)
....re is a misconceived one. In the result the Rule is discharged, stay granted earlier by this court is thus vacated. Communicate the order. Ed. This Case is also Reported in: 55 DLR (2003) 199.......on 7-6‑1999 with remark that the account was closed. He then submits that since the legal notices were not served upon the petitioner after expiry of 15 days from first return of the cheques, the proceeding cannot continue and thus the same is liable to be quashed. 5. On the other hand, the l..Category: Banking Law | Date: | Hits: 191
Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)
....e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ......Consequently, the appellant instituted Title Suit No. 1013 of 1980 in the 1st Court of Subordinate Judge, Dhaka for specific performance of contract and got a decree, and in pursuance of an execution proceeding she obtained a sale deed on 19th November, 1982 executed and registered through Court. Th..Category: Property Law | Date: | Hits: 65
.... 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) 995.......rit petitioner for realization of outstanding loan amounting to TK.21, 01, 03,665.30. The writ-petitioner then filed another writ Petition No.6667 of 2003 in the High Court Division challenging the proceeding of that Artha Rin Suit and obtained Rule and also an order of staying the proceeding of t..
Category: Banking Law | Date: | Hits: 191
....o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 991.......make any claim against the defendant No.1, there is no scope on the part of the defendant No.7 to make counter claim against the plaintiff. In this regard the trial court observed that an arbitration proceeding is pending between the plaintiff and defendant No.7. On the other hand, the learned Judge..
Category: Civil Law | Date: | Hits: 96
.... above, we find no cogent reason to interfere with the impugned order of the High Court Division.
In the result, the appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 971....... by the aforesaid order dated 17 May 2003.
12. Ultimately, certain members who initiated the matter for seeking extension of time for holding AGMs were obliged to file an application for drawing proceeding for contempt to which the contemners filed objections upholding their views for not hol..
Category: Criminal Law | Date: | Hits: 60
Syed Amir Hossain Vs. State and another, 2010, 39 CLC (AD)
....med against him under sections 465/467/471 of the Penal Code. 4. Thereafter the accused petitioner moved the High Court Division a petition under section 561A of the Code of Criminal Procedure for quashing the proceedings. The High Court Division summarily rejected the application. 5. Mr. Khan......im under sections 465/467/471 of the Penal Code. 4. Thereafter the accused petitioner moved the High Court Division a petition under section 561A of the Code of Criminal Procedure for quashing the proceedings. The High Court Division summarily rejected the application. 5. Mr. Khan Saifur Rahma..Category: Criminal Law | Date: | Hits: 54
....t. Therefore the High Court Division rightly discharged the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 964.
......d on the basis of ex parte deposition the suit was decreed ex-parte in preliminary form on 20.06.1999 and the final decree was signed on 18.01.2001.
5. Being aggrieved by and dissatisfied with the proceeding and subsequent order passed in Artha Zari Case No. 325 of 2004 the petitioner preferred W..
Category: Civil Law | Date: | Hits: 96
....arged.
However, there will be no order as to costs.
Md. Ashfaqul Islam J.- I agree.
Ed.
This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181.
......we like to quote a few lines from the judgment passed in the case of ACC Vs. Sheikh Hasina reported in 60 DLR (AD) 172.
“The notice contemplated under the Act is not issued in the context of any proceeding initiated against writ petitioner nor is the petitioner an accused in any proceeding”.
..
Category: Anti-Corruption Laws | Date: | Hits: 171
A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)
....er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ......er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ..Category: Employment/Service Law | Date: | Hits: 104
Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
....ived at by the High Court Division is an accordance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931.......d considered the submissions made by the learned Advocate appearing for the leave petitioner. 7. The learned Advocate found it difficult to overcome the laches on the part of the petitioner in proceeding with the case. The learned Advocate however tried to put blame on the learned Advocate of..Category: Civil Law | Date: | Hits: 63
Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)
....pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138.......pposition. It is submitted that the petitioner was afforded full opportunity to defend himself and the appointing authority having found that the petitioner's guilt was established by the enquiry proceedings awarded him the punishment he deserved. 7. Although Mr. Abdur Rab Chowdhury, the lear..Category: Employment/Service Law | Date: | Hits: 73
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
....sioner, Dhaka and the opposite parties to show cause as to why the order dated 7.6.87 passed by Mr. Kazi Golam Rasool, Additional Sessions Judge, 3rd Court, Dhaka in Criminal Revision No. 167 of 1987 quashing the order of the Metropolitan Magistrate, Dhaka in Petition Case No. 139a/87 drawing up p...... Kazi Golam Rasool, Additional Sessions Judge, 3rd Court, Dhaka in Criminal Revision No. 167 of 1987 quashing the order of the Metropolitan Magistrate, Dhaka in Petition Case No. 139a/87 drawing up proceeding under section 145 of the Code of Criminal Procedure should not be quashed or such other o..Category: Criminal Law | Date: | Hits: 32
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108.......lso not been served upon all such members they did not acquire the requisite qualification to be the representative members of the Upazila Parishad, their illegal participation in the no-confidence proceedings against the petitioner has vitiated the entire proceedings. 4. Respondents in their a..Category: Election Law | Date: | Hits: 92
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......y against whom it is directed, an order of stay takes effect immediately on being passed even if it is not brought to the notice of the subordinate Court. Thus, the very moment a stay order is passed proceedings of the suit could not be continued. It would since then remain in a state of suspended a..Category: Civil Law | Date: | Hits: 70
....f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
......f 2003.
6. Against said direction, a Civil Petition for leave to appeal being Civil Petition No. 635 of 2003 was made on behalf of the respondent before the Appellate Division, and stay of further proceedings of all the writ petitions till disposal of said petition was prayed for. Learned Chamber..
Category: Constitutional Law | Date: | Hits: 252
Ismail Miah Vs. Bangladesh and others, 2009, 38 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) 811.......eceived by the respondent No.8. But until now no reply to such objection or demand of justice notice given by the respondents. The petitioners on 02.03.2008 applied for certified copies of the entire proceedings of the L.A. Case No.12/2006-2007 but the respondents with malafide intention did not sup..Category: Property Law | Date: | Hits: 25
Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)
....d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ......al — For the Opposite Parties. Criminal Miscellaneous Case No. 4958 of 1999. Judgment Md. Hamidul Haque J. - By this Rule the opposite parties were called upon to show cause as to why the proceedings of CR Case No. 25/99-50(1)/99, pending in the Court of Magistrate, First Class, Kishoreg..Category: Criminal Law | Date: | Hits: 28
Syed Ahmed Chowdhury Vs. Abdur Rashid Mridha, 2002, 31 CLC (HCD)
.... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ......ial Judge who heard the matter on 29-7-1997 and by the impugned order discharged the four opposite parties. Syed Ahmed Chowdhury the petitioner, is a witness in the charge-sheet at whose instance the proceeding was initiated at the office of the Bureau of Anti-Corruption. At his instance the present..Category: Criminal Law | Date: | Hits: 29
.... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494....... to be appealed against. If the decree or order appealed from adversely affects a person he should be permitted to challenge the same in appeal even if he was not made a party to the original suit or proceeding.”
12. The decision given in the case referred to above is applicable in the present ..
Category: Civil Law | Date: | Hits: 76
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