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Malik Mohammad Amin Anowar Vs. Shahjahan Mia and others, 1990, 19 CLC (HCD)
....f the Permanent Seat of the High Court Division at Dhaka for calling for the record of the Revision Case from Barisal Sessions. The prayer was allowed on 26.11.89 and the record received here without any notice or intimation to the opposite party plaintiff. In due course the matter came up in the ca...... his behalf to oppose the application. The matter has come up before this Bench under an order of the learned Chief Justice. 5. In the circumstances of the case it is not perhaps necessary at this stage to comment upon service or non‑service of the notice of the Rule upon the opposite party pla......atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ..Category: Procedural Law | Date: | Hits: 73
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
.... Department, Bangladesh Bank refusing to award the job of supply and installation of equipment for Central Air Conditioning System of Bangladesh Bank Building at Motijheel Dhaka to the petitioner company. 2. It is the case of the petitioner Agragami Engineer Ltd. that the said engineering firm is......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134....... would lose an additional amount of Tk. 2 crores. 6. On receipt of the report from the Bureau of Anti‑Corruption, the Secretary to the Prime Minister marked Bangladesh Bank asking him to start a proceeding against those persons responsible but no such action was taken yet. 7. The petitioner ..Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....court as instrument for justifying illegal acts. He did not hesitate to question impartiality of the Appellate Division and its independence in the administration of justice. It is evident that any one reading the offending commentary would deduce from them that the Judges of the Supreme Cou......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ...... that any attempt to justify the libel upon a Judge or a Court is in itself a contempt. Superior Courts of this Sub-continent including this Division delivered speeches on several occasions that in a proceeding for contempt by publishing a libel upon the Court the defence that the defamatory imput..Category: Criminal Law | Date: | Hits: 124
Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)
.... of the view that instant proceeding is not liable to be quashed as claimed". 5. We have heard the learned Counsel and perused the connected papers including the impugned Judgments. We do not find any substance in the contention raised. The High Court Division upon correct assessment of the mater......rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ......iew of the decisions of Satya Narayan Poddar Vs. State reported in 53 DLR 403 and Sirajul Islam Vs. Tauhid Uddin Ahmed reported in 15 BLC 39 referred to us the parties we are of the view that instant proceeding is not liable to be quashed as claimed". 5. We have heard the learned Counsel and peru..Category: Criminal Law | Date: | Hits: 118
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....suit by filing written statement, contending, inter alia, that complicated question of law related to title and possession in respect of the suit property having been involved in the suit, absence of any prayer regarding either declaration of title or establishment of the same, made the suit non mai...... leaving behind wife Muktamayee, who died later, left two in the family namely the other brother Gobinda Chandra Banik and the son of Kailash Chandra Banik (aforesaid Nabaddip Chandra Banik). At this stage, the plaintiff asserts that there was amicable settlement of the entire joint property of the ......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ..Category: Property Law | Date: | Hits: 75
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....tion Ltd.) in respect of 969 shares of the petitioner. 2. It is stated in the application that the respondent No.1 in the name of Eastern Banking Corporation was incorporated as Public Limited Company under the Companies Act in the then East Pakistan with its registered office at Dhaka. One Mr. S......ed that the instrument of transfer of shares is duly stamped, approved by the Co.'s Board of Director's and entered in the Co.'s register of members. Hence we are unable to consider your case at this stage. This is for your information in the matter. Yours faithfully, Sd/ ASSTT. GENERA......has raised several other objections against the present application under section 38 of the Companies Act. He has submitted that there are certain complicated questions of facts which in this summary proceeding cannot be resolved. The respondent bank did not raise any other objection excepting the t..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....he People's Republic of Bangladesh, claiming title and possession in these lands. The respondent No. 1 asked the Deputy Lands Reforms Commissioner to hold an enquiry and submit a report. No notice of any such enquiry was served on the petitioner and others and it was reported that the Deputy Land Re......, therefore, of the opinion that the principles of natural justice were not observed before the order under Memo No. 11‑1/86/230 dated 5.6.86 was passed by respondent No. 1. It is difficult at this stage to accept the contention of Mr. Ahmed that the settlement alleged to have been granted to the ......etitioner. Having failed to enter into possession of these lands the said Rafiqul Huq Chowdhury filed an application before the then Sub‑Divisional Magistrate, Bhola, with a prayer for drawing up a proceeding under section 145 of the Code of Criminal Procedure. The learned Sub‑Divisional Magistr..Category: Property Law | Date: | Hits: 63
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
.... No. 3 of 1969 and arises out of a suit for realisation of Tk. 19050.12 paisa with interest at the rate of 9% till realisation. 2. The plaint case, in short, is that the plaintiff is a banking company and it has a branch at Ajmiriganj, District Sylhet, Dow district Habiganj. The defendant No. 1 w...... and equity", the Court is competent to pronounce judgment against the added defendant No. 3 on the evidence. 10. In PLD 1958 Kar 510 it has been held: "A suit against a party joined at a later stage can be deemed to have been filed on the date when he was so made a party to the suit. Where su......ars but the defendant No. 3 was added on 10.6.70 by Order No. 18 of the Trial Court. Order I rule 10 (5) provides as follows: "5. Subject to the provisions of the (Limitation Act, IX of 1908), the proceedings as against any person added as defendant shall be deemed to have begun only on the servi..Category: Civil Law | Date: | Hits: 82
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....mitted on behalf of the petitioner that Article 117(2) of the Constitution of the People's Republic of Bangladesh provides that when an Administrative Tribunal is established no court shall entertain any proceeding or make any order in respect of any matter falling within the jurisdiction of such tr...... point was not urged before the Courts below. Moreover, there is a specific issue on the point pending adjudication. In the circumstances I am not inclined to allow the petitioner to argue it at this stage, particularly when the suit has been sent back to the Trial Court for fresh trial observing th......ed on behalf of the petitioner that Article 117(2) of the Constitution of the People's Republic of Bangladesh provides that when an Administrative Tribunal is established no court shall entertain any proceeding or make any order in respect of any matter falling within the jurisdiction of such tribun..Category: Employment/Service Law | Date: | Hits: 64
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....ed No.1 (OP No.2 herein) in connection with the admission of her son Fazle in the said school and that the letter in reply addressed by the accused petitioner on behalf of her client does not contain any malicious or defamatory statements and the same was written in good faith under instructions of ......incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ......s. Sigma Huda in an application under section 561A of the Code of Criminal Procedure was issued upon the Deputy Commissioner, Dhaka and the complainant opposite party No.1 to show cause as to why the proceeding of P. Case No.765a/1985 under sections 499/500 of the Penal Code pending in the Court of ..Category: Family Law | Date: | Hits: 191
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....al mind. There is substance in the submission of the learned Advocate. 8. Mr. Md. Hannan, the learned Advocate for the plaintiff opposite party, submits that the learned trial Court did not commit any illegality in allowing amendment and that there is no bar for filing applications under Order 6 ......, submits that the learned trial Court did not commit any illegality in allowing amendment and that there is no bar for filing applications under Order 6 rule 17 of the Code of Civil Procedure at any stage for proper adjudication of a proceeding before the Court and there is nothing to be aggrieved ......urt did not commit any illegality in allowing amendment and that there is no bar for filing applications under Order 6 rule 17 of the Code of Civil Procedure at any stage for proper adjudication of a proceeding before the Court and there is nothing to be aggrieved because the amendments quoted afore..Category: Property Law | Date: | Hits: 79
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
....untia Vs. Income Tax Officer and others, 98 ITR 39 and the case of Polisetti Narayana Rao Vs. Commissioner of Income Tax, Hyderabad, 29 ITR 222. Mr. Huq also points out to us that the applicant‑company is fully “owned” by the Government and is a subsidiary company of Bangladesh Petroleum Corpo...... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115.......tion of tax but it has to act judicially. 5. Now, let us consider the contentions argued at the Bar. The case of Puran Mal Kauntia is not directly on the point. That was a case for staying further proceeding of a case pending before the AAC by the Tribunal where the appeal was preferred from the ..Category: Fiscal/Taxation Law | Date: | Hits: 98
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....before trial, and the order sections of the Chapter deal with matters ancillary or subsidiary to that provisions." 8. Section 496 of the Code of Criminal Procedure enables a Court of Magistrate or any other criminal Court to enlarge a person accused of a bailable offence. 9. Section 497 of the...... offence? 15. Cornelius, J (as his Lordship then was) held in respect of the jurisdiction of the Court: ".............this Court cannot claim to exercise any inherent power to grant bail at any stage of the proceedings...........it must be derivable from the express terms of the Code itself." ......15. Cornelius, J (as his Lordship then was) held in respect of the jurisdiction of the Court: ".............this Court cannot claim to exercise any inherent power to grant bail at any stage of the proceedings...........it must be derivable from the express terms of the Code itself." 16. Regar..Category: Criminal Law | Date: | Hits: 89
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
.... the final design submitted by DAJI by reducing the height of river crossing tower and the length of river crossing spans. The present respondent No.1 without permission of the said Board and without any reasonable or satisfactory explanation visited China from 17.05.2007 to 06.06.2007 for 20 days w......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ...... the respondent No.1 was served with a charge sheet containing several allegations raised against him under Rule 39(Ka), (Kha) and (Cha) of the Rural Electrification Board Service Rules, 1990 and the proceeding was started against him as per provisions of Rule 43 of the Service Rules, 1990. The resp..Category: Employment/Service Law | Date: | Hits: 175
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
.... Court of Bhaluka for disposal. The learned Advocate appearing for the petitioners further submits that in determining the question of maintainability of the suit the learned Munsif has not, assigned any reason and thus committed an error of law in his decision occasioning failure of justice. The le......The learned Advocate has also pointed out that the defendants filed written statement long before and proceeded with the suit without raising any objection earlier but filed the petition at a belated stage on the date of hearing of the suit when hazira of the witnesses were filed on behalf of the pl......ties and after hearing such of them as desire to be heard, or of its own motion without such notice, the High Court 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: Procedural Law | Date: | Hits: 102
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....ition under the proper head. According to him, it was incumbent upon the opposite party to deposit security for the cost of the election petition under the literal head as mentioned in rule 12(5) and any deviation there from would entail rejection of the election petition. 4. The relevant provisi......e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166.......point summarised the principle, in the following words: "The above cases are sufficient to show that non‑compliance with the provisions of a statute or Constitution will not necessarily render a proceeding invalid if by considering its nature, its design and the consequences which follow from i..Category: Election Law | Date: | Hits: 130
Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)
....nces under the special law shall be tried by the Court mentioned in the special law and as such jurisdiction of the Upazila Magistrate, 1st Class is impliedly barred from taking cognizance and trying any case under the said ordinance. In support of his contention he referred to the case of Kalipada ......along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......Revision No. 20 of 089. Judgment Kazi Ebadul Hoque J.- In the case Rule was issued on 29.5.89 upon the Deputy Commissioner, Chittagong and complainant opposite party No. 1 to show cause why the proceeding of Criminal Case No. 97 of 1988 pending in‑ the Court of the Upazila Magistrate, 1st Cl..Category: Criminal Law | Date: | Hits: 69
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....ed that on 8.6.04 at about 11.00 hours the defendant Nos.2-4-respondent Nos.2-4 and some other persons called on the plaintiff-petitioner at their office situated at Dhaka directing him not to demand any money from them and ultimately denied his claim. It has further been alleged that the defendants......pers on record. Section 24 of the Code of Civil Procedure confers a general power upon the High Court Division and the District Judge to transfer, withdraw suits, appeals and other proceedings at any stage on the application of the parties or suo motu. The power under Section 24 is discretionary in ......ode in support of the cause of action of Money Suit No.2 of 2005. Then charge was framed against the defendants-respondents under sections 406, 420 and 506 of the Penal Code. Challenging the impugned proceedings the defendants-respondents moved the High Court Division under section 561A of the Code ..Category: Civil Law | Date: | Hits: 113
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....ut 10(ten) years. Since Sohel spoke incoherently at the Police Station, a GD Entry was recorded and pursuant to that GD entry the P.W.4 Md. Shawkat Alam Sub-Inspector of Police along with his accompanying force and Sohel reached the house of Sohel at about 13-30 hours and started enquiry and in co......dgment Nazmun Ara Sultana J.- This appeal, by leave, it the instance of accused Sohel @ Sanaullah @ Sohel Sanaullah is against the order of sending beck the case on remand for fresh trial from the stage of examination of accused under section 342 of the Code of Criminal Procedure made in the judg......ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ..Category: Criminal Law | Date: | Hits: 84
....ight of every citizen, wherever he may be and of every other person for the time being within Bangladesh and in, particular no action durimeni.11 to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.
7. In the instant case Mr. Amir‑ul Isl...... letter dated 2.9.89 (Annexure ‑G) asked the petitioner to remain present on 16.9.89 from 10.00 A.M. in his office in the Bangladesh Secretariat at the time of examination of the witnesses. At this stage on 13.9.89 the petitioner moved the present Writ Petition before a learned Single Judge of the......ndent No. 3 asking the petitioner to appear before him and to remain present during the examination of witnesses on 16.9.89 in respect of the charge framed against the petitioner and the departmental proceedings pursuant thereto should not be declared to have been made without lawful authority and t..
Category: Employment/Service Law | Date: | Hits: 79
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