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Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....Advocate for the accused-petitioner that subsequent sanction is not a legal and valid sanction and on the basis of the said sanction the Court has no jurisdiction to take cognizance of the case afresh and to proceed with the trial. 19. Mr. Dey, the learned Advocate of the petitioner h....... Mamunur Rashid, AAG Md Asaduzzaman, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No. 34783 of 2011 Judgment M Enayetur Rahim J.— This Rule, on an application under section 561A of the Code of Criminal Procedure at the instance of the accused-peti..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ......arte decree. Subsequent to that, the ex parte decree was set-aside and the original suit was restored to its file and number. The petitioner who was the defendant No. 2 of the suit then filed an application under Order VI, Rule 5 of the Code of Civil Procedure for furnishing further and be..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......s being a case of gruesome double murder, there was no occasion for the High Court Division to show any leniency. He next submits that the judgment and order of the High Court Division shows non-application of judicial mind in imposing a lesser sentence when the evidence of the witnesses s..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
.... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......j, who by the judgment and decree dated 06.04.2004 allowed the appeal and decreed the suit upon setting aside the judgment and decree of the trial Court. 5. The defendant filed a civil revisional application before the High Court Division and obtained Rule. By the impugned judgment and order, th..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
....sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
......ing the matter within the mischief of Order XXI, Rule 90 of the Code for setting-aside auction sale on the ground of material irregularity.
It also appears that the judgment-debtor filed an application for setting-aside the auction sale by misquoting section 33(2) of the Artha Rin Adalat A..
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ...... Criminal Miscellaneous Case No.6339 of 2004 And Criminal Miscellaneous Case No.3987 of 2004. Judgment KM Kamrul Kader J. - The supplementary affidavits do form part of these applications. 2. These Rules were issued in the above numbered criminal Miscellaneous Cases upo..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ......the inherent power of this Court conferred under section 561A of the Code of criminal procedure- The alleged act of the petitioners do not attract section 406 of the Penal Code. There is no application of section 420 of the Penal Code against the petitioners as there is no allegation ..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......n MBBS course and give his daughter's marriage as he was indebted to other persons as well. What's more, it is contended, after receipt of the summons of the suit, the defendant filed an application is Court on 1st January, 2003 for directing the plaintiff to pay the balance considerati..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ......sh;For the Petitioners. Sudiarita Sen Gupta, Assistant Attorney General-For the Opposite-Party. Civil Revision No.1540 of 2011. Judgment Soumendra Sarker J.- The Rule issued on an application filed under section 115(1) of the Code of Civil Procedure at the instance of the plainti..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......cial Case No.3 of 2009, the learned Senior Special Judge, Jhenaidah fixed the case for charge hearing at last on 25-10-2010. At this stage/the accused-petitioner, after obtaining bail, preferred this application under section 561A of the Code of Criminal Procedure for quashing the impugned proceedin..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ......the Anti-Corruption Act, 1957 for non-submission of wealth statement. Hence, the ejahar against the accused-petitioner under section 4(2) of the Anti-Corruption Act, 1957. 4. It appears from the application that the accused-petitioner voluntarily surrendered before this Court and obtained antic..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ......ok cognizance under the aforesaid sections on 26-5-2010 and also granted regular bail to the accused-petitioner on 28-6-2011. Before charge hearing, the accused-petitioner filed the instant application under section 561A of the Code of Criminal Procedure for quashing the proceeding and obt..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....in of 2009. But in view of the above discussions subsections (b), (c), (d) and (e) of section 6 of the General Clauses Act are applicable in the case of repeal of the Ain of 2002 followed a fresh legislation on the same subject "unless the new legislation manifests an intention incomp......un ....................Accused-petitioner Vs. State and another……………...........Opposite-parties Judgment January 17, 2013. Result: The application is rejected. Cases Referred to- Tarique Rahman Vs. Bangladesh, 63 DLR (AD) 18;..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ......Petitioner. Md. Jashim Uddin, Assistant Attorney-General—For the opposite-party (State) Criminal Miscellaneous Case No. 6875 of 2009. Judgment Khondker Musa Khaled J.- On an application under section 561A of the Code of Criminal Procedure, this Rule was issued on 7-12-2009 ..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......in, Advocate-For the Petitioner. AM Amiuddin Advocate with Yousuf Khan Rajib, Advocate-For the Respondents. Company Matter No.199 of 2012. Judgment Md. Rezaul Hasan J.- This is an application filed under section 81(2) read with section 85(3) of the Companies Act, 1994 (the Act). ..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
....e the trial court did not ask the accused whether they would adduce any evidence in defence. This omission, it was observed, vitiated the trial and directed the trial Court to examine the accused afresh under section 342 and set aside the judgments. 15. In this case we noticed that though ......dence and the defence has not brought on record this deviation by cross-examining the maker of the FIR. Non-mentioning of the time of occurrence is certainly an error which has occurred due to non-application of judicial mind by the learned Sessions Judge while framing the charges but despite su..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....t. But when the original CR Case had already been disposed of discharging the accused-petitioner in the year 2007, it cannot be reopened at this stage for the purpose of initiating a proceeding afresh under section 420 of the Penal Code. The complainant-opposite-party may at best be allowed to ......tioner was discharged by the judgment and order dated 28-6-2007 passed by the revisional Court. 4. After two years from the date of discharge, the complainant-petitioner again filed an application on 1-2-2009 in the said disposed of CR Case for continuation of the proceeding under sec..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ......f. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 115 Without issuing Rule and giving no opportunity to the other side(s) of being heard, the summary disposal of a revision application filed under section 115 of the Code giving full relief to the petitioner is not ..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Anti-Corruption Commission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)
....rned Special Judge to proceed with the case in accordance with law. The petition is disposed of with the above observations. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 97. ......inconformity with Form-3 of the Anti-Corruption Commission Rules. The High Court Division was of the view that the sanction letter under memo dated 7th October, 2009 was a mechanical one without application of mind and accordingly quashed the proceeding. 4. Mr. Khurshid Alam Khan, learned ..Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6
Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)
.... The connected Rule being No.30 (Ref:) /2011 is disposed of accordingly. However, there shall be no order as to cost. FRM Nazmul Ahasan J. -I agree. Ed. This Case is also Reported in: ......1 Judgment AFM Abdur Rahman J. - Both the Income Tax Reference Applications being Income Tax Reference Application No.211 of 2011 and 212 of 2011 have been heard together, as both the reference applications involve identical facts and legal question. 2. Having failed to convince the two low..Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85
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