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Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
....posed of. Code of Criminal Procedure, 1898; Sections 247, 439, 561A. Fresh complaint petition not a bar in case of non-acquital. If an accused is not acquitted from a particular case, fresh petition of complaint can not be a bar under any law. And as such it can be said that in passi......posite-Party No.1. No one appears—For the Opposite-Party No.2. Criminal Revision No.621 of 1993. Judgment M Enayetur Rahim J.- This Rule at the instance of the accused on an application under section 439 of the Code of Criminal Procedure was issued calling upon the Deputy C..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.
......t petition being No. 1834 of 1997, before this Hon’ble Court and after hearing the parties, the Rule was made absolute by the judgment and order dated 05.08.2007.
6. The plaintiff filed an application on 23.10.2005 to the defendant No. 10 to make payment of rest of the installment, amount..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
....ndants should be afforded an opportunity to prove the power of attorney in respect of the suit property and with these findings, the High Court Division remanded both the suits to the trial Court for fresh decision. 6. Mr. Mahbubey Alam, learned counsel appearing for the petitioners has taken u...... III. Because the High Court Division is not correct in holding that application for substitution of the heirs of Rokeya Begum was dismissed, rather the heirs of Rokeya Begum proceeded with the application under Order 9 Rule 4 C.P.C. (Miscellaneous Case No.43 of 1980) and the High Court Divisi..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
.... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ......osite Party No.2. Dr. Md. Bashir Ullah, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No. 26674 of 2009. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the o..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
....gy University be allowed to continue with their regular studies accordingly.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
......ission notification fixing 25-1-2012 for reporting and 26-1-2012 for admission. On 26-1-2012 by 4-00 PM out of 110 students 30 students were allowed and they were admitted in the said course on their applications.
3. The Rule was contested by the UGC (respondent Nos.1, 4 and 6) and the BVA, the..
Category: Others | Date: 14 Mar, 2012 | Hits: 5
.... the writ respondent No.9 and thereupon her father the managing director of the writ respondent No.9 came forward to settle the matter and following negotiation between them, they offered a fresh personal guarantee to secure the loan of the writ respondent No.9 on condition that the writ r......r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing.
Ed.
This Case is also Reported in: 9 ADC (2012) 865.
..
Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ......ttee and on 47th Board meeting of the allotment committee meeting final notice was issued and lastly, on 29-6-1993 in the 52nd Board meeting allotment of the plaintiff was cancelled and on 31-8-1996, application for allotment of the plaintiff and was cancelled. By letter dated 22-9-1996, 20-7-2000 a..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
....ision discharged the rule without considering the positive case of the petitioners we are inclined to send the case back to the High Court Division for hearing and disposal of the civil revision afresh after giving a reasonable opportunity to the petitioners for hearing.
13. In the result......n and used to possess the said land by paying rent in the government sherestha regularly. The R.S. khatian was prepared in the name of Majharul Huq and others correctly. Majharul Huq and others filed application for demarcation of their purchased land before the Circle Officer (Revenue), Savar on th..
Category: Property Law | Date: 12 Mar, 2012 | Hits: 94
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
....g filed by the complainant, the revisional Court under the law has powers either to accept the revision, reject the revision, or reduce the sentence or to remand the case to the appellate Court for a fresh decision. It was vested with suo moto jurisdiction for enhancing the sentence provided that it......nces of fine. Petitioner thereafter moved these petitions. 3. Points urged on behalf of the petitioner are that the High Court Division acted illegally in maintaining the conviction without application of its judicial mind, and secondly, the High Court Division acted in excess of jurisdict..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... defendant but after amendment, government became necessary party, as such, we find that learned Judge committed no illegality in allowing the Miscellaneous Case and set-aside the ex-parte decree for fresh trial of Title Suit No. 11 of 2005. We find no substance in the rule. 8. In the result, ......-2008 under Order IX, rule 13 of the Code of Civil Procedure. Appeal was tendered on 7-1-2009. Defendant No.1 also obtained an order of stay of the execution proceedings on 20-10-2009. 3. In the application under Order IX, rule 13 of the Code of Civil Procedure it is stated that Government havi..Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ......handary, Deputy Attorney General—For the State. Khurshid Alam Khan, Advocate—For the ACC. Criminal Revision Case No.1631 of 1994. Judgment Md. Emdadul Huq J. - Upon an application under section 561A of the Code of Criminal Procedure, 1898 (shortly the Code, 1898) file..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)
.... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ...... Brothers Ltd......................................Petitioner Vs. The Registrar of Joint Stock Companies and Firms ….Respondent Judgment March 4, 2012. Result: The application is allowed. Lawyers Involved Mohammad Hedayet Hossain, Advocate-For the petit..Category: Company Law | Date: 4 Mar, 2012 | Hits: 28
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......her Bhandery, Deputy Attorney-General - For the State. Khurshid Alam Khan, Advocate - For the ACC. Criminal Revision Case No.1571 of 1994. Judgment Md. Emdadul Huq J.- Upon an application under section 561A of the Code of Criminal Procedure, 1898 (shortly the Code, 1898) this..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ...... on 28-5-2009 as per provision of Order XXI, rule 43 of the Code of Civil Procedure, filed Title Execution Case No.25 of 2004 on 5-8-2009 demanding Taka 86,02,592.76. Judgment-debtor-petitioner filed application on the basis of Judgment giving interest at the rate of Taka 12% and deposited an amount..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....97 and on perusal of the record disposed of the Criminal Revision by allowing the same and setting aside the Judgment and order of acquittal and sent back GR Case No.54 of 1993 to the trial Court for fresh hearing. 8. Being aggrieved by and dissatisfied with the Judgment and order dated 26-08-199......li, Advocate - For the Petitioner. KM Zahid Sarwar Deputy Attorney-General - For the State. Criminal Miscellaneous Case No.4767 of 1997. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the o..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)
....n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......2. Result: The appeal is disposed of with observation. Whether section 14 of the Limitation Act, 1908 is applicable in determining the period of limitation prescribed for any suit, appeal or application by any special law e.g. the Local Government (Upazilla Parishad) Ordinance, 2008 and the..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
....cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:...... Assistant Attorney General- For the Opposite Party. Criminal Miscellaneous Case No.10245 of 2005. Judgment Md. Ruhul Quddus J.- This Rule at the instance of a convict was issued on an application under section 561A of the Code of Criminal Procedure for quashment of judgment and order..Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
....t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......ed interest also as provided in section 47B of the Insurance Act but the court, though decreed the suit, but omitted to make any observation regarding the plaintiffs claim of interest. In that review application the plaintiff prayed for amendment of the judgment and decree dated 23.11.1999 by allo..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)
....nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......ted at any time. Though they could not and did not acquire any right to get permanent lease of this land, they can apply to the proper authority for getting permanent settlement of the land. On their application, the concerned authority can consider the issue, but the High Court Division cannot give..Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156
....e made absolute without any order on
costs. The authorities are directed to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
......t the
Doctors, Nurses and the employees in the government hospitals and to ensure the
better medical treatment for the patients in all government hospitals. The
petitioners also seek to bring this application by invoking Article 102 of the
Constitution as public interest litigation.
5. The ..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
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