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Abdul Jabbar Vs. State and Pradip Kumar Biswas, 1991, 20 CLC (HCD)
....ing considered that the Court below did not carefully read and in fact misread the said order granted by this Court, we are not inclined to issue a Rule but we direct that the Court must not take any further steps as further proceeding has already been stayed in that criminal matter till hearing......opy of this order to Mr. Shafiqul Islam, Chief Metropolitan Magistrate, and Khulna immediately for his future guidance and instructions. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 21....... Criminal Revision No.972 of 1990. 2. Heard the learned Advocate and perused the application and also the impugned order allegedly violated by the Chief Metropolitan Magistrate. 3. A criminal proceeding was in existence against which a Criminal Revision No.972 of 1990 was filed under section..Category: Criminal Law | Date: | Hits: 84
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....স্থিতিতে অভিযোগ গঠন করা হইল। 9. Accused petitioner, however, on 19.5.91 went to the Dhaka Central Jail and volunteered to be detained if there was any order of detention or any proceeding pending against him. On that very day (i.e. on 19.5.91) the......hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ...... calling upon the respondents, Secretary, Ministry of Home Affairs, Government of Bangladesh and the Special Tribunal No.3‑cum‑2nd Court of Additional Sessions Judge, Dhaka to show cause when the proceeding in Special Tribunal Case No.121 of 1991 arising out of Lalbagh PS Case No.17(2)91 under s..Category: Criminal Law | Date: | Hits: 88
Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
....r completion of taking evidence the convict appellant was examined under section 342 of the Code of Criminal Procedure. During this examination he again expressed his innocence and refused to examine any witness in his favour. 7. After conclusion of the trial the learned Additional Sessions Judge...... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ...... ফালাইছে”. At that time his another brother Masud asked him how and where the incident took place, in reply Masum said while he was coming from Mirpur Section-1 with a Mishuk and was proceeding towards Gulisthan, at the Technical turning point he was resisted by Sharifullah and 3 /4..Category: Criminal Law | Date: | Hits: 73
Kalim Mollah @ Siddique and others Vs. State, 2011, 40 CLC (HCD)
....agistrate, Bagerhat G.R. Case No.117 of 2001 arising out Mollahar Hat P.S. Case No.08 dated 24.9.2001. The trial court, however, is at liberty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. ......o be held on 23.9.01 at Mollahar Hat College field and also took decision to kill Sk. Helal Uddin if necessary. At about 5.30 P.M. Mr. Sk. Helal Uddin came in the Public meeting by a car and moved to stage and that a powerful bomb was blast near the Gate of the College and for which persons about 20......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 80
Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
....en to be written after 21/22 years of purchase of the stamps. That the predecessor of the plaintiffs claimed the suit land as their purchased land in Other Suit No.17 of 1957, but failed to produce any kabala and never pointed out the existence of patta dated 10.05.1913. That at the time of R.S. o......h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......d the plaintiffs have been possessing the said tank on payment of rents. That upon an application made by the predecessor of the defendant No.32 under Section 144 of the Code of Criminal Procedure, a proceeding under Section 145 of the said Code being Miscellaneous Case No.8 of 1949 was started in r..Category: Property Law | Date: | Hits: 77
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
...., the arbitration proceeding was ultimately fixed for hearing on 7-7-1993. But on that day this petitioner informed that he has sold out his share and, as such, Chittagong Cement Clinker Grinding Company Ltd. and TK Oil Refinery Ltd. should be made parties and the arbitration proceeding should be pr......Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......or of the petitioner expressed his inability to act as an arbitrator and the petitioner then appointed Advocate Mr. HK Abdul Hye as an arbitrator. But since both the parties took time the arbitration proceeding could not be concluded within the extended time also. However, the arbitration proceeding..Category: Alternative Dispute Resolution | Date: | Hits: 182
Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)
....nding disposal of the Title Suit No.88 of 2010 as well as awaiting report of the enquiry commission. The High Court Division rejected the application in absence of the Senior Counsel without giving any adjournment and directed to hand over the property in question. Because of the vacation of the...... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ......al No. 655 of 2010 are as follows:- Respondent No.1 G.M Mostafa filed Contempt Petition No.156 of 2009 (arising out of Writ Petition No.2272 of 2005) before the High Court Division for drawing up proceeding for Contempt of Court for willful disregard of lawful direction passed by the Court in th..Category: Others | Date: | Hits: 118
Md. Ashraful Islam Vs. State, 2009, 38 CLC (AD)
.... of receipt of notice failing which the Deputy Commissioner, Jessore shall secure his arrest as per law. In view of the above discussion and the positive finding of the Courts below we do not find any substance in the submissions of the learned Counsel for the appellant. Accordingly, the appea......stance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 354. ...... pay fine of TK.20, 000.00 in default to suffer rigorous imprisonment for 6(six) months more. Accused Atiar Rahman has been tried in absentia as he has been absconding since the commencement of the proceeding. 4. Leave was granted to consider the submissions the learned Counsel for the appel..Category: Criminal Law | Date: | Hits: 80
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
....or purchase of the suit property on the basis of the said fraudulent decree. Rasheda Begum acquired no title to, and possession in, the suit property and therefore, the defendants did not acquire any title to the suit property on the basis of the bainapatra. The defendants got a kabala executed ......the bailiff of the Court asked the plaintiffs to hand over vacant possession of the suit property to them and the same was continuing in view of the claim of the defendants. While the suit was at the stage of peremptory hearing, the defendants along with 20/25 terrorists being armed with dangero......acs) and the facts of getting rents from the tenants to the tune of Tk.26,000/- per month. When Title Execution Case No.3 of 1980 was revived the plaintiffs filed an application for staying further proceedings of the same but their prayer was rejected on 29.01.1994. Against the said order, the pla..Category: Property Law | Date: | Hits: 72
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
.... referring to the Full Bench for hearing of a matter when a Bench differs with the opinion of another Bench. Rule 1 of Chapter VII provides as under: "Whenever a Division Court shall differ from any other Division Court upon a point of law usage having the force of law, the case shall be referr......t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ...... quota system. There are conflicting claims as regards the selection of candidates from different categories of quota. The writ petitioner’s claim is not capable of being established in a summary proceeding under writ jurisdiction because it requires detailed examination of evidence. In case o..Category: Constitutional Law | Date: | Hits: 247
....ce.
6. Mr. Mohammad Ali further assails the action of the Municipal Corporation to construct the pillars on the ground that no person or authority within Municipal Corporation can build, construct any building or structure of the present description without complying with the provision of Buildin......oceed with the construction on the aforesaid drain‑passage further.
The rule is, accordingly, made absolute. No order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 331.......C) 225. In delivering the judgment of the report Hamoodur Rahman, CJ addressed himself in the following language:
"It is clear from the above that the right considered sufficient for maintaining a proceeding of this nature is not necessarily a right in the strict juristic sense but it is enough i..
Category: Property Law | Date: | Hits: 58
Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....f Chairman of the petitioner federation, hereinafter referred to as the 'KARIKA', and the connected order dated 25.10.92 passed by the respondent No.1 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner is, that it is a......eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324.......tant Secretary, Section 1, Rural Development and Co‑operative Division, Ministry of Local Government, Rural Development and Co‑operatives Government of Bangladesh and others to show cause why the proceeding in respect of the dispute about the post of Chairman of the petitioner federation, herein..Category: Others | Date: | Hits: 136
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....ce and informed that in the ditch a dead body has been discovered. After receiving the news the chairman, members and Chowkidar and others went to see the dead body. He also went there. When he went many others were present. The Chairman thereafter contacted the police at the police station and aske......ny of the prosecution witnesses had not been examined in Court and prayed for a warrant to be issued against them to appear and to depose before the Court and this application dated 20.11.89 was at a stage when 14 of the prosecution witnesses had already been examined leaving only few to be examined......ouse the condemned prisoner was just missing, so also his mother and his younger brother. His mother had gone to the house of P.W.10 but where did Nurul Hoque go and become a fugitive all through the proceeding and still is on the run and in fact before this Court also he had to be represented by a ..Category: Criminal Law | Date: | Hits: 76
Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)
....cree on the basis of solenama dated 1.8.66 illegally including the lands which were not subject matter of that suit by forging signature of Ganzer Molla and the present defendant did not dare to file any suit during life time of Ganzer Molla and kept the forged solenama suppressed during life time o......udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ...... considering conflicting decisions of different High Courts of the sub‑continent held that the suit was maintainable rejecting contention of the learned Advocate of the defendants that an execution proceeding and not a suit was the appropriate remedy for the plaintiff to enforce the compromise dec..Category: Property Law | Date: | Hits: 88
....itted their statements of show cause in response to the notices served upon them. The petitioners stated in their reply that the allegations were false and frivolous and they denied to have committed any unfair means within the examination hall. The petitioners were not asked to appear before the In......ard in its turn recommended the punishment for 181 examinees which was duly accepted and approved by the Syndicate by its resolution dated 29.12.90. A review committee was also set up at a subsequent stage to probe into the affairs of the expelled students but the Discipline Board having considered ......991, 40 petitioners joined together and obtained the Rule challenging the validity of the impugned order (Annexure F) dated 31.12.90 issued under the signature of the respondent No.1 and the impugned proceeding pursuant to which the said order was made. The respondents were asked to show cause why t..
Category: Others | Date: | Hits: 153
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....atement of the complainant in the service of the New Nation Publications Ltd. was neither possible nor practicable. He has further submitted that the New Nation Printing Press is not a Limited Company and it has distinct legal entity of its own owned by the Ittefaq Group of Publications Ltd. and......the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38....... 1995. Judgment Md. Azizul Haque 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 in Criminal Case No.1 of 1994 under section 54 and 55 of the Industrial Relations Ordina..Category: Labour and Industrial Law | Date: | Hits: 147
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....st the petitioner under the relevant provisions of the Anti-Corruption Act, 1957 (since repealed). However, section 94 of the Code of Criminal Procedure allows a Police Officer to order production of any document, if such production is considered necessary or desirable, for the purpose of any invest......was launched against him for alleged acquisition of wealth disproportionate to his known sources of income. It is further admitted that the allegation brought against the petitioner is at the inquiry stage. In the schemes of the দুর্নীতি দমন কমিশন আইন দুর......ka 6 crone illegally to each of the said accounts for election purposes and it was so required for enquiry into allegation of acquisition of wealth disproportionate to his known sources of income. No proceedings were initiated against the petitioner under the relevant provisions of the Anti-Corrupti..Category: Anti-Corruption Laws | Date: | Hits: 200
Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)
..... 12. Now let us see the provision of law in respect of transfer and withdrawal of Suit and appeal which is envisaged in section 24 of the Code of Civil Procedure: "24.(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be he......of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the High Court Division or the District Court may at any stage. (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal ......d after hearing such of them as desire to be heard, or of its own motion without such notice, the High Court Division or the District Court may at any stage. (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to t..Category: Property Law | Date: | Hits: 68
Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....notice upon the petitioner for submission of his wealth statement. Mr. Huq, referred to section 26 of the ACC Act, 2004 and submitted that the authority is given by the law to the Commission to issue any notice under section 26(1) of the ACC Act. By reference to section 18, he submits that there is ......by the law. A Director of the Divisional Office does not have the power of delegation under the law. 22. The learned Advocate for the respondent No.3 submitted that the matter is in the very prime stage and no proceeding has yet started against the 25 petitioner and no illegality has been committ...... Director of the Divisional Office does not have the power of delegation under the law. 22. The learned Advocate for the respondent No.3 submitted that the matter is in the very prime stage and no proceeding has yet started against the 25 petitioner and no illegality has been committed by the DD ..Category: Anti-Corruption Laws | Date: | Hits: 154
....arned advocate for the contesting respondents, placed before us the relevant laws which are as hereunder:
7. Section 144 of the State Acquisition and Tenancy Act states that the Government may, in any case if it thinks fit, make an order directing that record‑of‑rights in respect of any distr...... the Tenancy Rules, 1955 contains the rules regarding powers of Revenue Officers in preparing and revising record‑of‑rights under section 144 of the Act.
9. According to rule 27, there are ten stages of the work for the preparation of revision of record‑of‑rights, 6th to 10th stage being ......d order dated 18.1.89 (which is at annexure ‘O’ to the supplementary affidavit filed by the petitioner) exercising his power under rule 42 of the Tenancy Rules, 1955, cancelled the portion of the proceeding referred to in rule 31 relating to RS Khatian No.1600 in question and directed that the p..
Category: Property Law | Date: | Hits: 125
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