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Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)
.... the plaint of this suit. It appears that it is a suit for damages and compensation filed on behalf of the plaintiff but how he personally suffered damages and what are those damages is not mentioned any where in the four corners of the fairly long plaint. In a suit for damages, the plaintiff is req......tivist Judge is the answer to irresponsible law suits. The trial Courts would insist imperatively on examining the party at the first hearing so that bogus litigation can be shot down at the earliest stage.” 5. On a plain reading of the plaint, we have not the slightest hesitation in deprecatin......ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159...Category: Others | Date: | Hits: 79
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....ure-D(2) has been established. We find sufficient force in the argument of Mr. Zindigir. A defence material could be turned into a part of prosecution material if it is admitted by the prosecution in any manner or a bridge could be shown to have been established in between the materials, either on t......red under the provision of section 195(lXc) of the Code of Criminal Procedure. Mr. Zindigir while confronted with the established principle of law that no defence materials could be considered at the stage of proceeding under section 561A of the Code of Criminal Procedure, argued that since die comp......A of the Code of Criminal Procedure, calling upon the informant opposite party No. 1 Shankar Sen Gupta and the Deputy Commissioner, Chittagong, to show cause as to the legality and propriety of the proceeding in Kotwali Police Station Case No. 29(3)2000 corresponding to GR Case No. 190 of 2000, ..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....iyan Mansion, at Motijheel, the accused persons made conspiracy to kill her husband, and she came to know that fact after lodging of the ejahar. Before the occurrence neither she nor her husband made any GD entry. The park was established on the land of her father-in-law and the land purchased by he......nir, on bail, absconded after commencement of the trial with the framing of the charge. So the trial was held in absence of those two accused, who were defended by a state defence lawyer. At the last stage of the trial accused Aslam, Aurango and Hasib on bail absconded. They were also defended by a ......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....ayanganj (South). 2. The facts relating for disposal of these two Rules are that the informant, an exporter of gar ments products, opened two fire insurance policies with Eastern Insurance Company Ltd where the petitioner, AKM Iftekhar Ahmed is Managing Director, and petitioner, AKM Mustafizu......ears that some involvement of the accused petitioner was disclosed therein. In this case police has not yet submitted report. It has been settled in several decisions that quashment at such earlier stage is not permissible in law. 21. In the result, the Rule of Criminal Miscellaneous Case N......f 2006 with Criminal Miscellaneous Case No. 11080 of 2006. Judgment Sharifuddin Chaklader J.- These two Rules were issued at the instance of the accused petitioners for quashment of the proceedings of Fatullah PS Case No. 125 dated 27-4-2006 pending in the Court of Magistrate, First Cl..Category: Criminal Law | Date: | Hits: 97
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....98 rejected the application on the ground of being misconceived for not seeking to adduce or accept the expert report as additional evidence against which the appellants-opposite parties did not take any legal step in the higher Court of competent jurisdiction. 9. The appellants-opposite par......gement and expert opinion since the science of examination of signature, writing, etc for determination of similarity through microscopic enlargement has advanced enough and has reached to the stage of accuracy and certainty. To adopt this method has two-fold advantage. Firstly, the court can......h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... and others……………….Respondents Judgment March 15, 2007. Cases Referred To- India vs. Elphinstone Spinning and Weaving Co. Ltd, 2001 (1) JT SC, P 563; Canada Sugar Refining Company vs. R(1898) AC 735, P 742; Rahe Manjil Transport vs. Md. Amin, PLD 1963, Karachi 182, Jahanara A......া" only signifies a "suit" which involves adjudication of the issues so claimed by the contending parties, nor it qualifies to be a "বিচারাধীন মামলা" as because at the stage of execution proceeding nothing remains for determination of any further dispute except to exe......) of the Ain vide order dated 8-7-03 the Adalat rejected both the applications filed on 3-2-03 and 8-7-03 respectively. Again, on 7-8-03 the decree holder-Bank sought for restoration of the execution proceeding which was rejected by the Adalat vide order dated 21-9-03 Later, on a fresh application f..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
....e Inquiry Officer. Mr. Quayum further submits that besides, natural justice was seriously violated in the instant case as because the petitioner was not given opportunity to examine and cross-examine any witness with regard to matter in issue. It is further submitted that there is absolute discrimin......ed in view of non supply of the Inquiry Report along with the second show cause notice. But at the same time we also hold that the respondents are free from proceeding against the petitioner from the stage of the second show cause notice, if they so desire, after giving the petitioner fresh second s......to 10-1-1994 and submitted its report on 28-5-1994 finding that the allegation of issuing false work orders against the petitioner and others was not correct. Thereafter, a regular departmental proceeding was drawn up against the petitioner for the offence punishable under Rule 138 (c)(d) of t..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... into new case in pursuance of the provisions of section 60(3) of Artha Rin Adalat Ain, 2003 being inconsistent with 6(e) of the General Clauses Act, 1897 should not be declared as void and without any lawful authority and of no legal effect and also the provisions laid down in section 2(ga)(4......clusion of the same within the definition of loan under section 2(g)(4) of the Ain, 2003 treating it as part of principal loan amount and also fixing the rate of interest to be accrued at different stages of the suit under section 50 of the Ain, are inconsistent with sub-article (2) of Article 20 ......emptory hearing. Meanwhile, the petitioners upon preferring an application under Article 102 of the Constitution have obtained the present Rule from different perspective, mentioned above and the proceeding of the suit has been stayed. 4. However, in Writ Petition No. 6057 of 2005 a Rule ..Category: Others | Date: | Hits: 104
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
....une 13, 2005. Result: The appeal is allowed. The Special Powers Act, 1974 (Act No. XIV of 1974); section 25A The object of the legislation is to prevent using, selling or trafficking in any way in counterfeit or forged notes. The offence as made under section 25A of the Special Powers ...... Saha and Md. Selim employees of the grocery shop of Mafiz Mia and they declined to do so. Then he (PW 1) interrogated the accused about the note but he could not give any satisfactory answer. At one stage the accused tried to escape but they caught him red handed and seized the said counterfeit not...... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ..Category: Criminal Law | Date: | Hits: 40
A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....dvocate, Mr. Abdul Baset Majumder himself was present and took pass over for 11/2 hour at 11-30. But this is now 2-30 PM no one appears to press the Rule and the Rule is taken up for disposal without any representation from the accused petitioners. 3. First information report was lodged on 21......We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ...... Mollah, Deputy Attorney-General -For the State. Criminal Miscellaneous Case No. 5461 of 2005. Judgment Sharifuddin Chaklader J.- This Rule was issued to show cause as to why the proceeding of GR Case No 146 of 2001 pending in the Court of Additional District Magistrate, Bhola, ..Category: Criminal Law | Date: | Hits: 29
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....s contention the learned Counsel refers the case of Shyamal Chandra Roy vs. Probhat Chandra Roy reported in 51 DLR 504, wherein it is held: "The plaintiff is at liberty to withdraw his suit at any stage without any permission from the Court and he needs permission for withdrawal only when he ......ntention the learned Counsel refers the case of Shyamal Chandra Roy vs. Probhat Chandra Roy reported in 51 DLR 504, wherein it is held: "The plaintiff is at liberty to withdraw his suit at any stage without any permission from the Court and he needs permission for withdrawal only when he want......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....oking the Letter of Administration in failing to notice that the respondent No. 1 has filed the application for revocation more than 18 years after granting Letter of Administration without assigning any reason for the delay. The second point of the leaned Advocate is that the respondent No. 1 has n......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......997. Judgment SK Sinha J.- Opposite party No. 1 preferred this appeal from the judgment and order dated 9-10-97 of the District Judge, Khulna in Miscellaneous Case No. 176(A) of 1985, a proceeding under section 263 of the Succession Act, 1925. 2. Facts relevant for the disposal ..Category: Property Law | Date: | Hits: 68
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....ng decisions. So, he submitted that to avoid conflicting decision it is desirable that both the suits be tried by the same Court. He submitted that since the Artha Rin Suit cannot be transferred to any other Court, the Court of the Artha Rin Adalat being the Joint District Judge, Title Suit No. 20......er, she prayed for mandatory injunction against the present petitioner bank for giving delivery of the original documents to her. In this suit, the petitioner bank appeared and the suit came at the stage of pre-emptory hearing and deposition of the opposite party as plaintiff of Title Suit No. 209......ing Messrs Pan Asia Lines Ltd. Thereafter, in Title Suit No. 209 of 2002 this petitioner filed a petition under section 10 read with section 151 of the Code of Civil Procedure to stay all the further proceedings of Title Suit No. 209 of 2002 till disposal of Artha Rin Suit No. 34 of 2004. The trial ..Category: Civil Law | Date: | Hits: 82
AHM Moazzem Hossain Vs. State, 2006, 35 CLC (HCD)
.... another one, under the aforesaid section of the Act, 2005 alleging that the advertisement published on 21-8-2005 in Financial Express paper to the effect that British American Tobacco Bangladesh Company and their slogan "Success and Responsibility go together", according to the complainant, is detr......pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ...... the State. Criminal Miscellaneous Case No. 15109 of 2005. Judgment Sharifuddin Chaklader J.- This Rule at the instance of the accused petitioner is directed for quashment of the proceedings of CR Case No. 2564 of 2005 filed under section 5(1)(Ga) of Smoking and Tobacco Consumpt..Category: Health Law | Date: | Hits: 251
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....n to hear and dispose of such application for succession certificate, learned Additional District Judge held that learned Subordinate Judge, Arbitration Court, Dhaka had no power to hear and/or issue any succession certificate. Accordingly, order issuing succession certificate was declared to be a n......fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......ge did not notice the above order of the learned District Judge transferring the case. 12. Under section 388(4) of the Succession Act, the District Judge is invested with the power to withdraw any proceedings under part X from any inferior court, and may himself dispose of them or transfer them t..Category: Property Law | Date: | Hits: 36
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
....ists were not available with the record and that he handed over the medical certificate in support of his injury to the investigating officer. He denied the defence suggestion that he did not sustain any injury or that the appellants were innocent persons and that they were not dacoits. He stated th......ailed to delineate the offences between 399 and 402 of the Penal Code. Though there is nexus between the two offences and the ingredients of the two are almost similar with slightest variation of the stage in the commission of the crime and the intention. The difference is that section 402 attracts ...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549...Category: Criminal Law | Date: | Hits: 90
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
....e he was found guilty of the charge. Then second show cause notice suggesting punishment of removal from service was served on him and then on 22-4-1986 he was removed from service. He did not prefer any appeal against such order of removal from service. The suit was hopelessly time barred as not fi......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546.......Mr. Md. Golam Mostafa, the learned Advocate appearing on behalf of the opposite parties, opposes the Rule. He submits that in accordance with the Rupali Bank Employees Service Rules, a departmental proceeding was drawn against the plaintiff on the charge of misappropriation of money deposited by s..Category: Criminal Law | Date: | Hits: 29
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
.... letter dated 5th April, 2001 that their names have been included in the CIB Lists for non payment of outstanding dues in connection with loans advanced to Modem Jute Mills Limited, a private company having its office at "Modern Mansion" 53, Motijheel Commercial Area, Dhaka by Janata Bank, ......the petitioners merely provided their personal guarantee to repay the said loan and subsequently they transferred their shares in the said company and resigned from the post of directors. At that stage even if their personal guarantees remained valid and even if they were liable to repay the sai......oney and decree may be passed against both the borrower and the guarantor but even according to the Artha Rin Ain, the decree can be executed against the guarantor only if it remains unsatisfied by proceedings against the principal borrower. This is to give protection to the guarantor. Similarly..Category: Banking Law | Date: | Hits: 124
....dud Ahmed, the learned Counsel, would be allowed to make their submissions in support of his own, although, according to the Appellate Division Rules only one learned Advocate may appear on behalf of any one petitioner. In this matter, Mr. T.H. Khan, the learned counsel being the senior most counsel......vil petition is fixed for hearing today by an order dated 9th November, 2010 and the other petition including the contempt petition arose apparently out of the said very civil petition.
5. At this stage, the learned Advocate prayed for adjournment of the hearing of the Civil Petition. But his pra......ntempt matter. We requested him time and again since 9:30 in the morning to begin his submissions on the Civil Petition but he refused to place the matter before us. We brought to his notice that the proceedings of the highest Court of the country are struck-up for the last 90 minutes and for such a..
Category: Property Law | Date: | Hits: 73
Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)
....tructures standing thereon and for permanent injunction in respect of the remaining portion of the suit land restraining the defendants from interfering with his possession in the suit property or in any way interfering with the peaceful possession of the plaintiffs therein. The plaintiff’s case, ......d. Asgar Ali appeared before the Court and his evidence was recorded. He stated before the Court that he had executed the power of attorney in favour of Nur Mohammad for prosecuting the suit. At this stage, the defendant petitioner filed an application for cross-examining plaintiff Md. Asgar Ali but...... granted by this Court stands vacated. Communicate the order of the Court to the learned Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 145...Category: Procedural Law | Date: | Hits: 76
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