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Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
.... as defendants of the suit. The suit was transferred to the Artha Rin Adalat No.2, Dhaka (the Adalat, in short) and renumbered as Money Suit No. 27 of 1990. The defendant-petitioner did not receive any summon of the suit. Eventually, the suit was decreed ex parte by judgment and decree dated 1-8...... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ......ue with Fahad Mahmood Khan, Advocates—For the Respondent No. 2. Writ Petition No. 8719 of 2010. Judgment Zinat Ara J. - In this Rule Nisi, the petitioner has challenged the legality of the proceeding of Money Decree Execution Case No.42 of 2002. pending, before the Artha Rin Adalat No...Category: Civil Law | Date: | Hits: 83
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
....uman physical and mental torture and that he retracted the confession by a written petition Ext. 'Ka' which was received in the Court of the Magistrate on 29.12.88. 9. The prosecution examined as many as 12 witnesses whereas the defence examined none. The learned Additional Sessions Judge, in con......other than its maker but a First Information Report being the earliest recorded version of the prosecution story must be looked into in order to find out what the prosecution case was at the earliest stage. The omission of material incriminating facts in the FIR on which the learned Additional Sessi....... 2 appellant Ansar Ali stated that in one night about one year before accused Sanwar Hossain and Kawsar called him from his house on the plea of going to Nabiganj Mela and he accompanied them. After proceeding at some distance covering 2 Kanis of land he found deceased Khasru and accused Dalil, Taw..Category: Criminal Law | Date: | Hits: 91
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....t dated 3-6-2007 dismissed the suit on the findings that there was no valid contract in between the parties inasmuch as the dependent No.3, father of the minor-daughters was not appointed guardian by any Court and, as such, he had no power to sell the minor's property. 6. The unsuccessful plainti......lacing the baina patra submits that the Court of appeal below rightly doubted the baina patra inasmuch as baina patra itself manifests that the plaintiff in order to fill up the lacuna at the belated stage stated in the baina patra (Exhibit-1) by hand writing that on behalf of the minors. 12. I h......fers from various error. 21. There is another aspect of the matter to which I think the attention of the Court of appeal below ought to have been drawn. Primarily onus, of course lies in the civil proceeding, upon the plaintiff and in this case the primary onus has been discharged satisfactorily ..Category: Property Law | Date: | Hits: 74
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....evocable letters of credit for supply of prilled/granular Urea in Bag in favour of HELM for the full CFR Chittagong value. Common Clause 24.00 of the contracts also provide foe amicable resolution of any disagreement or dispute by direct informal negotiation and failing that by recourse to arbitrati......r various provisions of the Arbitration Act, 2001 ("the Act") are predicated upon the same facts reflecting, however, differing responses from the two parties to these Application elicited at various stages of the arbitration process from its very initiation through to the making of an arbitral awar......emained convicted that the ad interim injunction passed by this Court earlier on 16-1-2007 ought, thereby, to remain in place to effectively be in aid of what at the time were prospective arbitration proceedings. With that in mind this Court deeming it prudent to preserve the Performance Guarantee..Category: Alternative Dispute Resolution | Date: | Hits: 172
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
.... truth or falsehood of the statements made therein. More so, the said written statement was filed by none other than the plaintiff’s predecessors in respect of the suit lands before he had acquired any right or interest therein. 9. The plaintiffs vendors did not say that they entered into an ag......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......relevant under section 13 of the Evidence Act and is, therefore, legally admissible in evidence. Phipson on Evidence, Ninth Edition, at page 455 stated that "pleadings are admissible, in subsequent proceedings, to prove their own existence, the institution of the suit, and the facts in issue bet..Category: Procedural Law | Date: | Hits: 76
State Vs. Kazol, 2011, 40 CLC (HCD)
....r of the deceased Taposh, by lodging the F.I.R. on 30.4.2004 stated having seen the Condemned Prisoner Kazol, along with the other F.I.R.-named accused Manik, Shibu Sen, Krishna Dutta and Sumon accompanying the deceased Taposh from home towards a nearby shrine. The accused persons having so taken th......he fateful evening leading to Taposh’s death. More specifically, the statements read together read as an exercise in elimination by which all four confessing accused persons are found at particular stages to leave the company of Taposh, thereby, at the end crucially leaving Taposh in Kazol’s com...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 106
Trade Channel Vs. Collector of Customs, Customs House Chittagong and others, 1990, 19 CLC (HCD)
....tries are based on a misconception of the provisions of sections 18,19 and 30 of the Customs Act, 1969. He submits that section 19 of the Customs Act, 1969 being related to exemption of customs duty, any notification under this section is never subject to the provisions of section 30 of the said Act......ted by his engaged advocate has included in this petition the said 3 unassessed Bills of Entry and why they have included goods which have not yet arrived at the Chittagong Port. The petition at this stage merits no consideration. If the petitioner is aggrieved by any order of assessment made by the...... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....by the said Committee was notified in the newspapers by a Press Note on 2.1.91 where it was mentioned that huge sum of money amounting to Tk. 2 crores in cash was recovered from that house including many other articles namely, a Pajero Jeep, suit, ties, wine bottles and other goods and on a referenc......ration of the various case decisions referred to before the Court came to a finding that a criminal proceeding cannot be postponed for an indefinite period. Moreover, the Money Suit is at its initial stage and none knows when the Money Suit would be concluded and a criminal case cannot be postponed .......92 passed by the learned Divisional Special Judge, Dhaka, in Special Case No.7 of 1991 rejecting that second application filed under section 344 of the Code of Criminal Procedure for staying further proceedings in the aforesaid case started under section 409 of the Penal Code read with section 5(2)..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
.... Sessions Judge further inquiry was held by the learned Magistrate who after examining 6 witnesses found no prima facie case against the accused petitioners. The learned Magistrate instead of passing any final order of discharge on 28.8.89 sent the case record along with the deposition of the witnes......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ...... not merely a conduit pipe and it is the Magistrate who after considering the statements on oath of the complainant and witnesses can decide whether there is in his judgment any sufficient ground for proceeding with the case or, whether he shall send the case to the Court of Sessions. It is also hel..Category: Criminal Law | Date: | Hits: 89
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
.... complaint before the Chief Metropolitan Magistrate against the five petitioners and two others stating that the accused persons are the directors of M/s. Nahar Shipping Lines Ltd., a Public Ltd. Company with registered Head Office at Red Cross Chamber, 3rd floor, 87, Motijheel Commercial Area, Dhak......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ....... Rafiqur Rahman, the learned Advocate for the petitioners, submits that the liability to pay fine as contemplated under section 108 (2) of the Companies Act, 1913 is not an offence and, as such, the proceeding is liable to be quashed. 14. Mr. SC Das, the learned Advocate for the opposite party,..Category: Criminal Law | Date: | Hits: 89
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
.... his affidavit that he received a writ of eviction from the Sheristadar of the Court and handed over the same to the process server contemner No.3 for doing his part in the execution. He did not know anything about the stay order of this Hon'ble Court and if he had any knowledge about the said order......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ......e holder contemner No.4 to show cause why the said order dated 5.2.89 passed by Assistant Judge in Title Execution Case No.1 of 1988 shall not be set aside and pending hearing of the Rule all further proceeding in the said Title Execution Case No.1 of 1988 was stayed. The order of rule and stay was ..Category: Criminal Law | Date: | Hits: 84
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
....lone. Order 14 rule 2 of the Code of Civil Procedure runs as follows: "Issues of law and of fact. Where both of law and of fact arise in the same suit, and the Court is of opinion that the case or any part thereof may be disposed of on the issues of law only, it shall try those issues first, and ...... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96....... that no further argument or evidence than the parties can at once adduce is required upon such of the issues as may be sufficient for the decision of the suit, and that no injustice will result from proceeding with the suit forthwith, the Court may proceed to determine such issues, pronounce judgme..Category: Procedural Law | Date: | Hits: 62
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....is wife did not return home. On 29.3.87 the son of Haran Biswas went to Bhadagari beel to collect snails and saw beside the small tank (Apa) skinless head of a woman. He raised hue and cry whereupon many persons assembled there and found the beheaded dead body half‑dug in the mud, the people could......culpatory. He candidly admits that the prosecution case suffers from inherent lacunae and infirmities and it will be difficult for him and also futile to make any endeavour to fill up the gap at this stage and he will remain content if the appeal be disposed of according to law. Before parting with ......nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ..Category: Criminal Law | Date: | Hits: 110
.... 1913 and the order dated 11.2.88 passed thereunder should not be declared to have been issued or made without lawful authority and is of no legal effect.
2. The petitioner is a Public Limited Company registered under the Companies Act, 1913. He has set up a Cold Storage and Ice Plant in the year......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407.......nerally the Bank files civil suit for recovery of its dues; but in this case as they are aware that upon proper scrutiny and adjudication their claim will not stand, they have resorted to certificate proceeding. The Krishi Bank order does not stipulate any criteria as to which cases will be filed in..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....of transactions made between 01.01.2003 and 31.05.2007 which was long before the promulgation of the Ain of 2009 and pursuant to the Article 35(1) of the Constitution, no person shall be convicted of any offence except for violation of a law in force at the time of commission of the act charged as a......eard the submissions advanced on behalf of the respective parties, perused the civil review petition, impugned judgment and order passed by this Division and other connected papers on record. At this stage we have to consider whether the points raised on behalf of the petitioner is justified in a re......n 15.04.2008. Section 31 of the said Ordinance provides that with the commencement of the said Ordinance, the Ain of 2002 will ipso-facto be repealed and Section 31(2) of the said Ordinance saved the proceedings already initiated under the Ain of 2002. Thereafter the Ministry of Finance placed a bil..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....ea, Dhaka lodged a written complaint with the Sub‑Divisional Magistrate (M), Magura showing the date of occurrence from 20.5.1977 to 16.2.1978 alleging, inter‑alia, that M/S. Asadul Haque and Company Limited maintained current Account No.114 with the Dhaka Branch of the Bangladesh Krishi Bank; t......on. Here the situation is wholly different. In the earlier order the High Court rejected the application for quashment on the ground that it was not desirable to interfere with the proceeding at that stage. But when it is found that a criminal case is dragged on for an unusually long period, the Hig...... Special Judge, Khulna Division, Khulna for should not be quashed and or pass such other or further order or orders as to this Court may seem fit and proper. Pending disposal of the Rule, all further proceedings of Special Case No.161 of 1984 arising out of GR Case No.171 of 1978 of Magura PS Case N..Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
.... would have filed an application for amendment of the petition after registration of the Kabala, no objection could be taken and the amended petition would have made it a competent one. We do not see any difference, in substance, when the document is produced before the court and the court acts upon......on under section 60 of the Registration Act is mere procedural step which is to be taken by the registering authority. In that view of the matter to reject a petition for pre‑emption at the initial stage on the ground of non‑registration of the document before filing of the petition would cause ...... and as such the pre‑emptor has no cause of action and the case was premature and (2) the document in question is a deed of exchange on the face of it and in a pre‑emption case which is a summary proceeding there is no scope for the court to go beyond the document and decide whether it was a dee..Category: Property Law | Date: | Hits: 89
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....r within 7 days; that the appellant submitted his explanation to the Inquiry Officer denying the charges levelled against him on 15th August, 1981; that the Inquiry Officer submitted a report without any proper enquiry against the appellant in violation of the provisions of the Agrani Bank (Employee......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ......earned subordinate Judge dismissed the suit on the findings that the suit was not maintainable in its present form, that the respondent bank had no service Rules and Regulations when the departmental proceeding was initiated against the appellant and that the Agrani Bank (Employees) Service Regulati..Category: Employment/Service Law | Date: | Hits: 71
....rrency and not in Bangladesh Currency. A tripartite contract was entered into between M/s Jain Enterprise on 16.5.1985 for supply of machineries and other materials and in the said contract Frick Company of U.S. represented by its local Agent Messers Eastern Trading Agency Ltd. was the first party a......ed machinery under the L.C. to be cleared by the Bank approval C & F.
iii) Deposit of 100% share certificates of the sponsored directors/promoting share holders of the company to be raised at this stage as collateral security.
iv) Approval of the K.D.A. to set up the Industry at the proposed l...... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
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Category: Civil Law | Date: | Hits: 217
....bmits that, the trial court has passed the decree stating as reason that even if for arguments sake it is considered that the plaintiff has failed to prove the fact of acquiring title on the basis of any gift, then it has at least acquired title by virtue of adverse possession, whereas the settled l......ronation Hall Committee, as the land lord and the LESSOR, has executed agreements, dated 06.03.1952 and 15.03.1971 respectively; letting out the Coronation Hall, except the green room attached to the stage, from time to time to its tenant. Agreement dated 06.03.1952 (exhibit-9) records that it was a......ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
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Category: Property Law | Date: | Hits: 89
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