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Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
....n 145 of the Code of Criminal Procedure. 9. Mr. Abdul Malek, learned Advocate for the 1st Party—petitioners submits that before the learned Additional Sessions Judge there was no deposition of any witness, no inquiry report, no written documents submitted during inquiry and no substantive p......ub-section (1) is cancelled under sub-section (5) or the subject matter of the proceeding is finally disposed of under sub-section (6) declaring a party to be entitled to possession thereof. At any stage of the proceeding the Magistrate may come to the conclusion that there is no longer any case f...... Kazi Golam Rasool, Additional Sessions Judge, 3rd Court, Dhaka in Criminal Revision No. 167 of 1987 quashing the order of the Metropolitan Magistrate, Dhaka in Petition Case No. 139a/87 drawing up proceeding under section 145 of the Code of Criminal Procedure should not be quashed or such other o..Category: Criminal Law | Date: | Hits: 32
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....the Chairman of these Union Parishads because of their such position are the ex officio representative members of the Upazila Parishad and entitled under section 15(2) of the said Ordinance to move any no-confidence motion against the Chairman of the Upazila Parishad and vote for it in the prescri......avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108.......lso not been served upon all such members they did not acquire the requisite qualification to be the representative members of the Upazila Parishad, their illegal participation in the no-confidence proceedings against the petitioner has vitiated the entire proceedings. 4. Respondents in their a..Category: Election Law | Date: | Hits: 92
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
....earned Advocate appearing for the petitioner submitted that the alleged deed of gift having been declared as null and void O.C. Suit No.33 of 1955, the impugned kabala dated 17/12/1972 did not create any right, title and interest to the purchaser-respondent No.1 hereof on the basis of said deed but ......ff preferred appeal before the District Judge, which, on transfer, was heard and dismissed by the 1st Court of Additional District Judge, Chittagong. The plaintiff amended the plaint at the appellate stage, whereby it was claimed that the deed of gift was not acted upon and not accepted in O.C. Suit......und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ..Category: Trust/Waqf Law | Date: | Hits: 194
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....8 of the Transfer of Property Act observed that: "it is clear that the earlier transfer will take over Precedence over the subsequent transfer. Therefore, we find that defendants have not acquired any right, title and interest in the suit land on the basis of their subsequent sale deeds dated 21.......in documents of additional evidence, and that the High Court Division rejected both the applications observing, amongst others, that: "those applications can not be entertained at this belated stage as those documents are not filed with written statement and those are not necessary for prop......ition to interfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917...Category: Property Law | Date: | Hits: 31
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....osition is that the schedule for the election was as follows: 9-6-2001 was fixed for publishing the draft of the voter list 10-7-2001 was fixed for the filling objection against the voter list, if any, 11-7-2001 was fixed for distribution of nomination papers and 16-7-2001 was fixed for scrutiny ......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......y against whom it is directed, an order of stay takes effect immediately on being passed even if it is not brought to the notice of the subordinate Court. Thus, the very moment a stay order is passed proceedings of the suit could not be continued. It would since then remain in a state of suspended a..Category: Civil Law | Date: | Hits: 70
....f the appeal, the Appellate Division made certain observations and directions. It also asked the High Court Division to require the respondent to file affidavit-in-opposition specifying as to whether any opinion or recommendation of the Chief Justice in writing was available and if so, under what gr......e under Article 95 of the Constitution, and therefore, he had the legitimate expectation to be appointed. The legitimate expectation cannot be limited to only "being considered for appointment". Next stage will have to be followed automatically, i.e. unless there are good reasons for non-appointment......f 2003.
6. Against said direction, a Civil Petition for leave to appeal being Civil Petition No. 635 of 2003 was made on behalf of the respondent before the Appellate Division, and stay of further proceedings of all the writ petitions till disposal of said petition was prayed for. Learned Chamber..
Category: Constitutional Law | Date: | Hits: 252
....e got a decree for money against the other party we asked both the parties to make a settlement themselves, but in spite of taking some time from us for making settlement both of them failed to reach any settlement and they have prayed for an equitable order from this court to settle the matter.......87 filed Title Execution Case No.51 of 1992 for realization of the decretal amount and in that title execution case notice for auction of the mortgaged property was published on 10.8.2007 and at that stage the judgment-debtor Sufia Re-Rolling & Steel Mills Ltd. and others filed Writ Petition No.......sed in Money Execution Case No.3 of 1999 rejecting the bank's application for set off. Rule was issued in this Writ Petition on 18.8.2008 and on that date an order also was passed staying all further proceedings of Money Execution Case No. 3 of 1999.
3. The learned Judges of the High Court Divisi..
Category: Civil Law | Date: | Hits: 75
Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)
....nt of Bangladesh/respondent Nos.6, 8 on behalf of Sylhet Gas Fields Ltd. under the aforesaid Ordinance. The petitioners and others for the greater interest of the country and the people did not raise any objection to such acquisition. Accordingly, the respondents issued notices under section 3 of th...... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811.......eceived by the respondent No.8. But until now no reply to such objection or demand of justice notice given by the respondents. The petitioners on 02.03.2008 applied for certified copies of the entire proceedings of the L.A. Case No.12/2006-2007 but the respondents with malafide intention did not sup..Category: Property Law | Date: | Hits: 25
Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)
....d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ......d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ......al — For the Opposite Parties. Criminal Miscellaneous Case No. 4958 of 1999. Judgment Md. Hamidul Haque J. - By this Rule the opposite parties were called upon to show cause as to why the proceedings of CR Case No. 25/99-50(1)/99, pending in the Court of Magistrate, First Class, Kishoreg..Category: Criminal Law | Date: | Hits: 28
....ief for declaring the joint declaration void and also for cancellation of the same. He further submitted that defendant Nos. 2 and 3 handled the ships up to 31‑7‑91 so they were liable to pay for any assessment to be assessed by defendant No. 1 on the basis of their submitted Import General Mani...... given in the kabala."
It also restated the law regarding amendment-
"Under Order VI rule 17 of the Code of Civil Procedure, the Court may allow amendment of the pleadings of the parties at any stage of the proceedings which may be necessary for the purpose of determining the real question of ......d ultimately responsible to pay said amount, which could be recovered in the present suit and, as such, a money decree was sought to be added for. Such amendment would also help avoid multiplicity of proceedings. For the same purpose, a decree of mandatory injunction was also sought to be added.
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Category: Procedural Law | Date: | Hits: 60
Syed Ahmed Chowdhury Vs. Abdur Rashid Mridha, 2002, 31 CLC (HCD)
....with. He then refers to the First Information Report and the charge-sheet and submits that in the four corners of the First Information Report or charge-sheet there is no allegation whatsoever in so many words that the accused opposite parties did anything as to suppression of summons resulting in t...... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ......ial Judge who heard the matter on 29-7-1997 and by the impugned order discharged the four opposite parties. Syed Ahmed Chowdhury the petitioner, is a witness in the charge-sheet at whose instance the proceeding was initiated at the office of the Bureau of Anti-Corruption. At his instance the present..Category: Criminal Law | Date: | Hits: 29
....y, on 7-4-1984 he deposited Taka 6,500. On 18-4-84, he also deposited Taka 16,000 in cash to the then Manager, Delwar Hossain (Petitioner) for which he received a deposit-slip also. Subsequently, on many occasions he deposited Taka 24,500. On 18-4-1984, the defendant came to know that Taka 16,000 pa...... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494....... to be appealed against. If the decree or order appealed from adversely affects a person he should be permitted to challenge the same in appeal even if he was not made a party to the original suit or proceeding.”
12. The decision given in the case referred to above is applicable in the present ..
Category: Civil Law | Date: | Hits: 76
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
....advocate appearing with Mr. Abdul Barek Chowdhury, the learned Advocate, at the outset has submitted that the notice under section 4(1) of Act 26 of 1957 having been served upon the appellant without any prior objective satisfaction of the Government, the same is illegal and without jurisdiction and......26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......e trial Court on misconception of law has held the appellant guilty under section 4(2) (Ka) of Act 26 of 1957. He then submitted that even from the evidence of PWs it has not been established that in proceeding against the appellant the Bureau of Anti-Corruption had obtained any order from the Gover..Category: Criminal Law | Date: | Hits: 83
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....tting that if the decree holder Mahbubur Rahman felt aggrieved by the order dated 22-10-2001 he could have preferred an appeal or prayed for review of the order in accordance with law. Without taking any such step, the application made under section 151 of the Code is not maintainable. After final d...... who comes to a Court of law for justice, he must come with clean hands. When a case is based on falsehood or non-disclosure of material facts or particulars, he should summarily be thrown out at any stage of the proceeding. A Court of law is also obliged to act under section 151 of the Code when an...... made under section 151 of the Code of Civil Procedure for recalling and/or vacating the direction given vide order dated 22-10-2001 by this Division in above Civil Order No. 5742 for stay of further proceedings in Other Execution Case No. 3 of 1997 while disposing of a revision application of the a..Category: Civil Law | Date: | Hits: 125
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....r whether in view of Section 21 of the General Clauses Act and the principle enunciated in the case reported in (1997) 3 Supreme Court Cases 398, the High Court Division erred:- (i) in not finding any over-riding public interest without adverting to any reason or ground therefor; (ii) in not cons......m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......ion, the Ministry opined that there is no legal bar to execute and register the required lease deed after withdrawal of the Civil Appeal Nos.149 and 150 of 2005 and that there was no justification in proceeding with those two appeals. Further the Law, Justice and Parliament Affairs Ministry (writ se..Category: Property Law | Date: | Hits: 28
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
....udge to take cognizance of an appeal by way of admission. A Subordinate Judge dealing with a suit of a general character however touching the issues of a pending family suit cannot be thought to have any power whatsoever over the proceedings of such family suit pending before a Family Court. The sub......ted. The learned Assistant Additional Judge is directed to proceed expeditiously with the family suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 481.......and that opposite party No. 1 is not his wife. Then, on 19-4-2001 in his suit the petitioner made an application under section 151 of the Code for injunction for restraining opposite party No. 1 from proceeding with the family suit in the Family Court till disposal of his suit. Opposite Party No. 1 ..Category: Family Law | Date: | Hits: 185
Angur Vs. State, 1988, 17 CLC (HCD)
.... P.W.4 Bilal, P.W.5 Farid Mia and P.W. 6 Abdul Muttalib between 1.6.85 to 9.6.85. Defence did not cross-examine them on the ground that no advocate could be engaged for him and also did not examine any defence witness. The defence case is that the appellant is innocent. After the examination in ......-tar) on bail present in Court and stand before the Court on dock. Accused Angur who is in custody is produced in Court and stand in witness dock and charge was explained to him by the Court. At this stage he pleaded guilty and supported the story of the case, wanted to express the story as state wi......e charge leveled against him and convicted and sentenced him on 29.6.85 as aforesaid. 16. Now let us sec whether the learned Assistant Sessions Judge, Kishoreganj has committed any illegality in proceeding with the trial as submitted by the learned Advocate for the appellant. Admittedly, the ..Category: Criminal Law | Date: | Hits: 42
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
.... No. 5, 6 and 7 have appeared and showed causes by filing separate affidavit-in-opposition denying the allegations made in the petition on materials particulars. It is denied by them that there was any obstruction or interruption or stoppage of election at any point of time. It is further denied t......nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57....... can certainly be compelled to do that which the law required him to do. This is not the same thing as contesting the validity of an election or challenging the election of a declared candidate. In a proceeding of this nature disputed questions of fact will not, of course be gone into and it is only..Category: Election Law | Date: | Hits: 119
Abdul Khaleque Vs. Md. Nazim Uddin and another, 2010, 39 CLC (AD)
....t the petitioner has been threatening them to dispossession. They prayed for an order of injunction restraining the defendant petitioner from entering into 'Ka' schedule property and/or from making any construction in the suit lands and also prayed for demolition of the illegal constructions made ......charged the rule and set aside the judgment and order of the learned District Judge. 5. The learned Counsel appearing for the petitioner submits that any party to the litigation may apply at any stage of the suit for further or better statement or particulars, and the object is to extend the ......ner is permitted to add additional grounds. The order of stay granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 647...Category: Property Law | Date: | Hits: 33
Government of Bangladesh and others Vs. Md. Alauddin, 2010, 39 CLC (AD)
....of compulsory retirement as illegal. Under such circumstances, this petition does not merit consideration and is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 641.......of compulsory retirement as illegal. Under such circumstances, this petition does not merit consideration and is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 641.......e Administrative Appellate Tribunal, Dhaka in Appellate Tribunal Appeal No. 69 of 2005. 2. The facts leading to this petition, in brief, are that on the allegations of misconduct, a departmental proceeding was started against the respondent, a police officer and ultimately by an order dated 10...Category: Administrative Law | Date: | Hits: 201
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