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Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....f a cheque does not constitute any offence under the said Act. The learned Advocate further contended that the complainant-opposite party has instituted the aforesaid case without compliance with the mandatory provision of said Negotiable Instruments Act described under clause (b) to section 138 and......stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ..Category: Criminal Law | Date: | Hits: 62
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
....e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ......ওয়া হয় সেই তারিথ হইতে পনের দিনের মধ্যে ভাড়াটিয়া উহা জমাদিতে পারিবেন। Above quoted provisions of law are to be read with section 18 and 18(5) of the Act prescribing the effect of non-..Category: Property Law | Date: | Hits: 34
Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
.... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ...... adduce evidence, both oral or documentary, if any, make such decision on the prayer of the applicant as he deems fit. He further submits that under sub-section (1) of section 10 of the Ordinance the provisions of the Code of Civil Procedure, 1908 (Act V of 1908) shall not apply to a Court of Settle..Category: Property Law | Date: | Hits: 37
Kashem Vs. State, 2001, 30 CLC (HCD)
....he learned Advocate for the appellant seriously argues that since the seizure list witnesses have not supported the prosecution case, the learned Special Tribunal was manifestly wrong in ignoring the mandatory provision of section 103 of the Code of Criminal Procedure while convicting the accused ap...... over-awed by fear of the miscreants or are prone to the local persuasions to help the defence. Faced with such helplessness and paradoxical obscurities, we cannot take too rigid a view regarding the provisions of section 103 of the Code of Criminal Procedure, else we must be ready to swallow countl..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Sarwar Kamal, 2010, 39 CLC (AD)
.... of the said Writ Petition on merit, if so advised. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 8, 19 BLT (AD) 2011, 17.......ratives, (LGRD) he filed the instant writ petition and the High Court Division being satisfied of the apparent illegality, stayed the operation of the aforesaid impugned order. He has referred to the provisions of subsection (3) of section 31 of Pourashava Ain, 2010, as regards the handing over the ..Category: Civil Law | Date: | Hits: 104
Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)
....n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184.......accused persons including the present petitioner. Mr. Sobhan has also argued that there is no provision for submitting any supplementary charge-sheet against new, accused and it is clear violation of provisions of section 173(3B) of the Code of Criminal Procedure. He also submits that in the instant..Category: Procedural Law | Date: | Hits: 65
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172.......ner No. 1 and 2) for selling the suit property on a consideration of Taka 1, 50,000. Thereafter, on 1-6-1997 the plaintiff of the present suit (opposite party No.1) presented an application under the provisions of Order 21 rule 29 of the Code of Civil Procedure for staying all further proceeding of ..Category: Civil Law | Date: | Hits: 66
....
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168.......licence, which offends the principle of natural justice.
7. The learned Advocate Mr. Abdul Baset Majumder appearing for moving the application for addition of party, has drawn our attention to the provisions of section 4 of the Muslim Marriages and Divorces (Registration) Act, 1974. He also has d..
Category: Employment/Service Law | Date: | Hits: 76
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......uch contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions herein before contained.” Since the hukumnama shows that Firoz is the only recipient..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202.......desh Sugar and Food Industries Corporation and Bangladesh Chemical Industries Corporation are in dispute. According to the Revenue Department, the Corporations brought into existence by virtue of the provisions of President’s Order No. 27 of 1972 though creature of the statute yet they are not loc..Category: Fiscal/Taxation Law | Date: | Hits: 94
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....he legal sword to stop the violation of the order of courts and the wrongdoer should feel that the courts of justice are active to administer justice, whenever such action is necessary on issuance of mandatory order and in the present case the trial Court directing the defendant No.1 to remove the s......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196...Category: Property Law | Date: | Hits: 33
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......e tenders were to be opened at 1.30 P.M. on the same dated i.e. on 26.09.2001. Subsequently first corrigendum to the said tender notice was published on 24.09.2001 in the aforesaid Daily amending the provisions concerning earnest money at the rate of 5% of the quoted amount instead of fixed amount o..Category: Others | Date: | Hits: 81
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......nly a decree or order may be reviewed under Order 47, rule 1 of the Code of Civil Procedure. The learned Advocate appearing for the petitioners submits that there was no total compliance of these provisions and as there was non-compliance of this provision the petition for review ought to have b..Category: Procedural Law | Date: | Hits: 95
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
....de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......e accused whom the witness identified at the jail. For this purpose the best evidence will be that of the Magistrate who conducted identification, and his evidence will be strictly relevant under the provisions of the Evidence Act." 24. It has been pointed out by Mr. Zahirul Huq and we also f..Category: Criminal Law | Date: | Hits: 49
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
....ingly low price of the property being at Tk. 17,10,000/- as against the prevailing market price of the property being Tk. 50,00,000/- and that auction process has been completed without following the mandatory provisions of section 12 of the Artha Rin Adalat Ain, 2003, which refers to provisions of ......n refund period was extended for 10 years payable in monthly installments effective from July 2003. 3. The High Court Division after hearing the parties discharged the Rule issued, considering the provisions of section 12(8) of the Artha Rin Adalat Ain, 2003 which provides as under: “আপ..Category: Civil Law | Date: | Hits: 81
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......is unbecoming of those high ranking state officials. 22. Sometimes we find that cattle-lifters, petty thieves or pickpockets are placed under detention by arbitrary and unguided application of the provisions of Special Powers Act. 23. We are rather obliged to hold that misuse of the provisions..Category: Criminal Law | Date: | Hits: 45
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......of the trial Court in disallowing preemption. He also submits that every one of purchasers of land of said CS plot No.139 including the parents of the preemptor got their names mutated and in view of provisions of section 117 of the State Acquisition and Tenancy Act, the parents of the preemptor cea..Category: Property Law | Date: | Hits: 39
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......r Banez Member. The learned Advocate for the condemned prisoner assails this confessional statement of Motiar Rahman and submits that the condemned prisoner was not properly examined according to the provisions of law. It transpires that while examining under section 342 of the Code of Criminal Proc..Category: Criminal Law | Date: | Hits: 36
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....unity to the plaintiffs for examining the Advocate Commissioner. 3. The facts of the case, in short, are that the plaintiff-petitioners filed Title Suit No. 82 of 1998 for permanent injunction and mandatory injunction stating, inter alia, that the landed properties recorded in CS plot Nos. 657, 6......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ..Category: Property Law | Date: | Hits: 28
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
.... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175.......not maintainable. But this contention of the defendant-petitioner cannot be accepted. The Family Courts Ordinance, 1985 has been given an overriding power. Section 3 of this Ordinance provides “the provisions of this Ordinance shall have effect notwithstanding anything contained in any other law f..Category: Family Law | Date: | Hits: 186
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