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Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)
....d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ......and the case being sent for trial the learned Judge of the Tribunal framed charge against the accused petitioner and others under the aforesaid provision of law. 3. The petitioner filed application under Section 561A of the Code of Criminal Procedure. The High Court Division by the im..Category: Criminal Law | Date: | Hits: 52
Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)
....sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......nt) Ordinance, 1983.The Case being sent for trial the accused petitioners were allowed bail. The Tribunal fixed 06.09.1998 for hearing as to framing of charge if any. The accused petitioners filed application under Section 241A if the Code of Criminal Procedure. The accused petitioners preferred..Category: Criminal Law | Date: | Hits: 42
Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)
....ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ......rty preferred Criminal Miscellaneous Case No. 7655 of 2004 under section 561 of the Code of Criminal Procedure and obtained rule and order of stay. The second party entered appearance and filed an application to vacate the order of stay. The High Court Division discharged the rule holding, ..Category: Criminal Law | Date: | Hits: 70
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......bsp; the Code of Criminal Procedure. 4. Being aggrieved the accused petitioner moved the High Court Division under Section 561A of the Code. The High Court Division rejected the application summarily. Hence is this petition. 5. In support of the petition Mr. Abdul..Category: Criminal Law | Date: | Hits: 57
Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)
.... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ......nizance and the trial of the case started. The prosecution already examined one witness and the Tribunal summoned other witnesses' for recording their evidence. 3. The Petitioner filed application for bail before the Tribunal on 14.10.2002 which being rejected, he moved the High cour..Category: Criminal Law | Date: | Hits: 41
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
....10 of 2003 pending before the Artha Rin Adalat No.4, Dhaka and Firstly 09.09.2003 was fixed for auction/tender of the property, the price was quoted at Tk. 2,97,00,000/- and that subsequently fresh tender/auction was fixed for 17.09.2003 where the price of the property went up to Tk.5,26,00......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 94
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
....tlement in favour of the present plaintiff-respondent No.1 was concluded by the judgment of the High Court Division and as such there was no scope for re-opening the settlement case afresh and giving resettlement to the appellant by the two orders of the Revenue Authorities. Paragr...... the same land and obtained in his favour an order from the Revenue Authority behind his back. The plaintiff moved the Revenue Deputy Collector and Additional Deputy commissioner concerned with an application for settlement of the said land, which was allowed on 19 August 1968. Defendant No..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......ared has no basis and the same has not affected the title of the plaintiff, that the appellate Court has made the judgment upon non-consideration and mis-reading of the evidence and that also without application of judicial mind to the facts and circumstances of the case. 7. Leave was granted t..Category: Property Law | Date: | Hits: 42
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ......Judge), Jhenidah in Miscellaneous Appeal No. 29 of 1990 affirming the judgment dated 12.3.1990 passed by the learned Assistant Judge, Kaligonj in Miscellaneous Case No.3 of 1990 rejecting the application filed under Order 9 Rule 13 read with section 151 of the Code of Civil Procedure prayin..Category: Property Law | Date: | Hits: 28
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......r the purpose of establishing the fact that the kabala in question was forged and fabricated is not correct. In fact, as seen from the judgment of the High Court Division, the plaintiff filed application for calling volume wherein the kabala in question was entered into from the office..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ...... The learned Judge, it will be seen, ended up wrongly while making a very correct beginning. 13. The learned Subordinate Judge, we hold, has taken a correct view in the matter as to the application of rules for enquiry against the plaintiff. The learned Subordinate Judge observed that..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....etitioner previously filed an application and obtained an order of injunction on 20th January 2004 till 2nd February 2004 but the same was not renewed. The petitioner renewed the prayer by filing a fresh application to that effect in the facts and circumstances of the case. Let an order of sta...... respondent Bank to rectify its register of shares showing the petitioner No.1 as shareholder of 2 lac shares of the respondent Bank. 4. The petitioners in Civil petition No.20 of 2004 filed an application under section 43 of the Companies Act, 1994 before the Company Bench of the High Court D..Category: Banking Law | Date: | Hits: 185
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......ion Bench of the High Court Division in Criminal Miscellaneous Case No.2788 of 2000 quashing the proceedings which was started against the respondent Nos.1 and 2 in G.R. Case No. 4690 of 1999 on an application under section 138 of the Negotiable Instrument Act, 1881. 2. The petitioner filed the..Category: Criminal Law | Date: | Hits: 50
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......ks leave to appeal against the judgment and order dated 04.05.2003 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 6199 of 2003 rejecting summarily the application under Section 561A of the Code of Criminal Procedure. 2. The facts, in short are..Category: Criminal Law | Date: | Hits: 55
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
.... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ......ection 342 of the Code of Criminal Procedure, the defense came out with a plea that they are innocent and have been falsely implicated in the case and would adduce evidence and accordingly an application was filed for issuance of summon upon the Medical Officer of Dolahazara Hospital to pro..Category: Criminal Law | Date: | Hits: 51
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... of the officers and employees to the Managing Director of BSC. He further submits that in the Service Regulations of 1997 there is no special provision that delegation of power is to be made afresh to the Managing Director after coming into force of the Service regulations. He next submits ......e Regulations of 1997 was enacted in pursuance of power granted to the Board under Article 27 of P.O. 10 of 1972. Therefore, the question of continuation of the delegation of power made in 1974 or application of section 24 of the General Clauses Act did not arise and as such the High Court Divis..Category: Employment/Service Law | Date: | Hits: 91
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ......000/- to each of the inmates. The writ petitioner further alleged that in the vagrant home they were abused and that the detention of the inmates at vagrant home was illegal. 3. On the said application the rule was issued calling upon the respondents to show cause as to why the lifting of..Category: Constitutional Law | Date: | Hits: 150
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
.... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ...... respondent Nos.1-6 for khas possession and for eviction of the monthly tenants of the defendant-petitioner. 3. The petitioner being defendant No.3 in Title Suit No. 64 of 1992 filed an application to stay proceeding of the suit till disposal of the aforesaid Title Suit No. 213 of 197..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
....ulty to support the judgment of the High Court Division and the courts below feebly submitted that the appeal may be disposed of with an observation that plaintiff, if so advised, may proceed afresh against the order of his dismissal against the appropriate body/person in a properly fr...... his employer and not against his appointing authority or appellate authority. They are merely functionaries of his employer............it is obligatory for him to make his employer a party to the application or else any decree in his favour will be inexecutable, his employer not being bound by ..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....ng the Rule with cost on a date not fixed for hearing of the Rule and the submission that the High Court Division erred in not construing the Assistant Administrator's letter dated 22.07.1999 as a fresh cause of action and in holding "writ petition is a device to side track a proper an...... decree in Other Appeal No. 31 of 1994 and obtained an order of stay for a period of 6 months. 6. After obtaining the order of stay from the High Court Division the respondent No. 3 filed an application before the respondent No.1 with the prayer for making necessary order in the light of t..Category: Trust/Waqf Law | Date: | Hits: 190
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