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Hossainia Ashraful Ulum Madrassah Vs. Munsur Ahmed (Md.) and others, 1990, 19 CLC (HCD)
....e date of peremptory hearing the defendant filed an application for adjournment but the Court rejected the petition. The order was followed by another petition by defendant but the Court did not pass any order upon the second application for adjournment. Thereafter at 2‑30 PM the learned SCC Judge......t within a month before the suit is set forth for hearing. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 473. ......he suit resulting in injustice to the plaintiff. He further submits that as the petitioner filed an application within five minutes of passing the order of dismissal it shows that the plaintiffs were proceeding with the case with due diligence and as such the learned SCC Judge ought to have restored..Category: Procedural Law | Date: | Hits: 104
Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)
....eding will abate with the death of the judgment‑debtor respondent and relied on the two decisions referred to by the Court below in the impugned order and as such the executing Court did not commit any illegality in passing the impugned order. 5. While deciding the case reported in AIR 1947 Bom......s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460.......against the said order in this Court and by judgment dated 18.1.81 the said appeal was allowed and the judgment and order of the executing Court was set aside and directed to dispose of the execution proceeding in accordance with law. It further appears that no appeal was preferred by the judgmentâ€..Category: Civil Law | Date: | Hits: 103
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....120 days but since the detention order he could not be found and the said person had absconded and is hiding in order to avoid the arrest and the Special Branch of the Government of Bangladesh after many attempts could not trace him out or find his hideout and because of that abscondance a Gazette N......erits and as the learned Advocate refrained from arguing those points we may not make any observation on that but only to the extent that those are matters on merits and need not be gone into at this stage, as we find that a prima facie case has been made out by the prosecution and the proceedings a...... Criminal Revision No. 723 of 1991. Judgment Anwarul Hoque Choudhury J. - This Rule arises out of an application under section 561A of the Code of Criminal Procedure and is directed against a proceeding in Special Tribunal Case No. 117 of 1991 arising out of Lalbagh PS Case No. 13 (2)91, GR ..Category: Criminal Law | Date: | Hits: 98
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....al before the Court of Additional Sessions Judge, Dhaka, having been charged under sections 302/34 of the Penal Code. In the trial the prosecution examined 7 witnesses and the defence did not examine any witness and pleaded innocence. The learned trial Court was pleased to find the accused‑appella......hat he lodged suo motu First Information Report after obtaining the opinion of the doctor who held post‑mortem examination. The doctor, of course, could not give any definite opinion at the initial stage but on exchange of several letters the witness obtained his opinion that the injury caused on ......inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ..Category: Criminal Law | Date: | Hits: 116
....by the Secretary, Ministry of Information, Bangladesh SecretaÂriat, Dhaka and others...........................Respondents.
Judgment
May 30, 1991.
Cases Referred to-
Tariq Transport Company Vs. The Sargodha Bhera Bus Service, PLD 1958 (SC) (Pak) 477 = 11 DLR (SC) 140; Indian Sugar Mill......ment in constituting the Wage Board and the Wage Board was accordingly constituted and the members of all categories participated in the day‑to‑day proceeding of the Wage Board, but at the latest stage some of the members representing the employers resigned, and due to their resignation the proc......ewspaper employees to be appointed by the Government in constituting the Wage Board and the Wage Board was accordingly constituted and the members of all categories participated in the day‑to‑day proceeding of the Wage Board, but at the latest stage some of the members representing the employers..
Category: Constitutional Law | Date: | Hits: 246
Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)
....ud and thereby caused injury to the religious sentiment and feelings of the Muslims. The complainant himself and through other people tried to restrain the accused persons and the accused did not pay any heed to the same. 3. The learned Magistrate after examining the complainant under section 200......e is necessary in respect of offence under sections 258/109 of the Penal Code and, therefore we are of the view that the interference by way of quashing the entire proceeding is not called for at the stage to secure the ends of justice. 13. Mr. Abdul Hamid Chowdhury, the learned Advocate for the ......an J. - At the instance of the accused‑petitioner Mohammed Jamir Sheikh this Rule was issued calling upon the Deputy. Commissioner, Rajbari as well as the opposite party No. 1 to show cause why the proceeding of CR Case No. 204 of 1989 under sections 295A/298/109 of the Penal Code pending in the C..Category: Criminal Law | Date: | Hits: 70
Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)
....inistrative Tribunal Act, 1980 which runs as follows: “10A. Contempt of Tribunal.‑ (1) The Administrative Appellate Tribunal shall have power to punish for contempt of its authority or that of any Administrative Tribunal, as if it were the High Court Division of the Supreme Court." 12. The......n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ......Tribunal. The Administrative Appellate Tribunal by order dated 23.4.87 allowed the appeal and set aside the judgment and order appealed against and the petitioner was discharged from the departmental proceeding and the charge‑sheet and the order of compulsory retirement from service as passed upon..Category: Administrative Law | Date: | Hits: 182
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....………………………….Appellant Vs. Dhaka Improvement Trust (RAJUK) & another.........Respondents. Judgment March 14, 1990. Cases Referred to- Messers Chaina Fibre Company, Ltd. and 4 others Vs. Abdul Jabbar and 9 others, 20 DLR (SC) 335; Alauddin Vs. Md. Idris Mia, 2......le the suit. 4. The defendant No. 1 challenged the claim of the plaintiff by filing written statement stating, inter alia, that the suit is not maintainable against the defendant at such a belated stage, the suit is hopelessly barred by limitation and by the principle of estoppel, waiver and acqu......the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ..Category: Property Law | Date: | Hits: 87
Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)
.... 2007. In the FIRs' it is alleged that the petitioners in collusion with each others fabricated a number of Board Meetings and Resolutions of lea-Hung Packaging (BD) Limited, a foreign investment company in Bangladesh in which the petitioner No.2 was the chairman. The accused persons manufactured so......sence of the respondent No.3, the petitioner No.2 was the custodiÂan of the documents and taking advantage of the situation, he manufactured the docÂuments. The case is under investigation at which stage the petitioners moved the High Court Division. 4. In G.R. Case No.922 of 2007, the responde......l Petition No.1246 of 2010 arose from the judgment and order dated 8th March, 2010 of a Division Bench of the High Court Division in Writ Petition No.7610 of 2008 which was instituted challenging the proceedings in G.R. Case No.915 of 2008 arising out of Joydebpur, P.S. Case No.53 dated 14th August,..Category: Criminal Law | Date: | Hits: 70
Md. Mahfuzul Haque Vs. Bangladesh, 2008, 37 CLC (AD)
....d accordingly discharged the Rule with direction to the learned Joint District, Satkhira to dispose of the suit expeditiously since the suit is a very old one. In the circumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly, petitio......t District Judge, 2nd Court, Satkhira for cancellation of some deeds as forged. The suit was taken up for peremptory hearing and the plaintiff examined Sreemoti Anjalia Bala Dasi as P.W.5 and at that stage of the suit the defendants filed an application for non consideration of the testimony of Anja......n the circumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly, petition is dismissed. Ed. This Case is also Reported in: Â ..Category: Others | Date: | Hits: 147
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
....possession being made over to the requiring body on 9.1.2001. The learned advocate for writ respondent No.2 as well as the learned Deputy Attorney General for the writ respondent No. 3 could not show any legal basis in justifying their submissions that the award of compensation estimated under Secti......on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ......acquisitioned vide L.A. Case No. 15 of 1999-2000 for the purpose of setting up a 132/11 KV power sub-Station by the writ respondent No.2, DESA. It was also admitted that after initiation of the L. A. proceeding and service of notice under section 3 of the Acquisition and Requisition of Immovable Pro..Category: Property Law | Date: | Hits: 80
Mahirun Nessa Vs. State, 1993, 22 CLC (HCD)
....ult of which trial was concluded and impugned or order of conviction and sentence was passed in her absence. Even after the passing of the order of conviction and sentence she was neither informed by anybody about the order, nor it was possible for her to get information and take step in the matter ......red accordingly. The petition filed for bail be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184.......petitioner being a female and aged person was enlarged on bail and allowed to be represented by her lawyer in the Court. Her attendance in the Court having been dispensed with she lost touch with the proceeding of the case and as such could not appear in the Court to face trial as a result of which ..Category: Procedural Law | Date: | Hits: 112
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....ase of the defence was, as it appears from the cross‑examination of the P.Ws., that the convict accused persons were not connected with the commission of the offence of murder and they did not know anything about the death of Tutul. Further case of the defence was that Tutul might have been murder......f the bangles by way of selling the CI Sheet of their sheds. On repeated request Firoj, his brother Farid Sharif and employee Hanif Ali also searched for Tutul in different places of Amlapara. At one stage Hanif told Hasan that Tutul might be traced out in the school. Then they went to the primary s......order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ..Category: Criminal Law | Date: | Hits: 84
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....mation Report. Admittedly, he was not present at the time of commission of the murder nor he saw the appellants near about the place of occurrence. From his evidence it transpires that he along with many others took lease of the land of Paul Choudhury from the Government as those land was made Khas......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ...... was lying in the bank of tank of Paul Choudhury, He admits that his father of Azuddin is one of the settlement holder of the land of Paul Choudhury. He further admits in cross examination that while proceeding towards his house he did not see anybody except 3 accused persons. The evidence of this w..Category: Criminal Law | Date: | Hits: 67
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
....espondents to show cause as to why the judgment and order dated 15.6.87 passed by the respondent No.1 in Complainant Case No.58 of 1984 (Annexure 'C') should not be declared to have been made without any lawful authority and to be of no legal effect. 2. Pending hearing of the Rule, operation of t...... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ......used or postponed, the fact of such refusal or postponement and the reasons therefore shall be recorded in writing in a register to be maintained by the employer for the purpose. If the worker, after proceeding on leave, desires an extension thereof, he shall, if such leave is due to him, apply suff..Category: Labour and Industrial Law | Date: | Hits: 120
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....fferent kabalas dated 29.6.88 for a valuable consideration from the defendant No.1 and they are in possession of the suit property but the tenants being in collusion with the plaintiff are not paying any rent to them and that the alleged deed of agreement and the rent receipts are false and back dat......for the opposite parties, on the other hand, submitted that the learned Subordinate Judge very rightly rejected the plaintiffs prayer for admitting the documents in question filed by him at a belated stage, and that the amended rule 18 of Order VII CPC is a bar in accepting the said documents. Hence......In exercise of this discretion the Court has to consider that if there is no doubt about the genuineness of the documents produced, such as certified copies of public documents or records of judicial proceedings, the Court should not shut out the purpose from having the lis adjudicated upon. The ..Category: Procedural Law | Date: | Hits: 76
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
....The criminal cases were registered as Sessions case Nos. 177, 178, 179 and 180 of 1981 and the Sessions Judge by his order dated 12.5.81 discharged the plaintiffs as the prosecution failed to produce any evidence against the plaintiffs. After being discharged the plaintiff‑petitioner gave represen......his decision in returning the plaint for presentation in the proper Court. For the reasons stated I am of the view that the impugned order of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is......e Administrative Tribunal Act the Bank employees like the government employees have also been brought within the scope and under the jurisdiction of the Administrative Tribunal and as such no suit or proceeding can be instituted in the Civil Court after the date of amendment but his contention is th..Category: Administrative Law | Date: | Hits: 189
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
.... lease dated 13.12.67 for 99 years; that the said Vikrampur Jahangir Metal Works with permission of the Dhaka Improvement Trust dated 13.3.1973 transferred the suit plot to M/s. Hakim Humayun and Company represented by its proprietor, Abdul Hakim Miah, defendant No. 1 by a registered sale deed dated......f contract against defendant No. 1 if there was any breach on the part of defendant No. 1 or to sue all the defendants with additional prayer for declaration as has been done in this suit but at this stage the plaintiff cannot be allowed to abandon the prayer for declaration when the Court refused t......have no title in the suit property; Title Suit No‑ 771 of 1979 in the 1st Court of Subordinate Judge, Dhaka and Title suit No. 417 of 1982 in the 3rd Court of Subordinate Judge, Dhaka are collusive proceedings between the defendant Nos. 1, 2 and 4 and inspite of statements made in those suits the ..Category: Civil Law | Date: | Hits: 92
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....ve been owning and possessing the same on payment of taxes; that the wrong recording of Diara khatian in name of the three sets of defendants opposite parties in different khatians have not created any right, title, interest and possession in the suit land which cast a cloud on their title and hen......rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ......re dismissed for default. The defendants opposite parties brought the Misc. case only to harass the plaintiff. Every access of justice must not be misused as license to a litigant party resorting to proceedings after proceeding to have his affairs settled in the manner he wishes causing untold hara..Category: Property Law | Date: | Hits: 82
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....stant Judge and Family Court, Dhaka where it was renumbered as Family Suit No.322 of 2005. In her suit, the petitioner detailed the matters narrated above. She claimed that the respondent did not pay any maintenance to the petitioner since 26.07.2004 and, therefore, claimed for herself maintenance a......ectively. The child’s paternal grandmother took out an insurance policy for Tk.15, 00,000/- in which the child was named as the beneficiary. The respondent further claimed in his plaint that at one stage his wife insisted that he take a separate rented house, and when he declined to do so, she lef...... due weight in accordance with the age and maturity of the child. 2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body..Category: Family Law | Date: | Hits: 327
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