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Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....dhury ATM Masud J.- This appeal by special leave is directed against the judgment and order dated 6.6.1983 passed by the High Court Division, Comilla Bench, in Criminal Revision No. 56 of 1983 quashing proceedings under section 145 of the Code of Criminal Procedure in Misc. Case No. 1 of 198......is no legal provision which empowers a Magistrate under section 145 of the Code of Criminal Procedure to physically oust a person in possession of the disputed premises, during the pendency of such proceeding……………….(13) Lawyers Involved: ..Category: Criminal Law | Date: | Hits: 75
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......es that the learned Sessions Judge erred in acquitting the accused respondents on consideration of questions which could be raised only in a civil suit but which are outside the ambit of the criminal proceeding for forgery. The learned Counsel further contends that the High Court Division erroneousl..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ......I, rule 17. There is no prohibition in Order VI rule 17 to the realisation of the omitted claim in the suit by amending the plaint. Amendment of the plaint may be allowed at any stage of the proceeding if it is found necessary to determine the real issues between the parties and if it is ..Category: Civil Law | Date: | Hits: 87
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....quashed. In the case of Abdul Quader Chowdhury Vs. the State, 28 DLR (AD) 39, the Appellate Division of the Supreme Court duly considered the scope of section 561A Cr.P.C. and categories of cases for quashing before the trial. So was held: “Interference even at on initial stage may be jus......heating. Intention to cheat is to be gathered from the surrounding facts and circumstances…………(18) The Code of Criminal Procedure, 1898 (V of 1898) Section 561A Quashing of proceedings-When can be ordered? Once it is found that the prosecution under section 420 of..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......8), Section 47. An executing Court becomes functus-officio after execution of the decree by making delivery of possession of land and the Court has no jurisdiction to reopen the proceeding. However, the executing Court has got power to correct any accidental slip or a clerical..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......d specified in section 48. It was considered that the judgment debtor is under no obligation to establish that the earlier petition was out of time. It is enough for him to show that the execution proceeding which was the subject matter of enquiry is hit by section 48 C.P.C. 6. In Lalji ..Category: Civil Law | Date: | Hits: 107
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......of parties to litigation or of their lawyers……………..(5) The question of benami nature of kabala on the basis of which pre-emption is claimed can not be gone into and determined in a proceeding for pre-emption……………..(5) Power of revision under section 115(1) C.P.C..Category: Property Law | Date: | Hits: 122
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......erintending Engineer. There is no determination of any sum payable to the Contractor and there is no direction either to pay any sum to the Contractor. The Memo does not reveal that any arbitration proceeding was held, any witness was examined, any cross‑examination took place, any document..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ...... this finding of fact of the last court of fact without considering the oral evidence in the case. It did not consider that there was nothing on record to show that notice with regard to the mutation proceeding was served on Lalit Chandra. The plaintiff got the rent receipts on the basis of that mut..Category: Property Law | Date: | Hits: 31
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......hree years of the submission of the charge sheet smacked of malafide on the part of the authority. 7. Leave was granted to consider all the three points and, further, to examine whether the proceeding against the respondent was taken and completed in compliance with the time‑frame e..Category: Employment/Service Law | Date: | Hits: 125
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....sued against him and been granted bail by the Sessions Judge, Dhaka. 2. He filed an application under section 561A of the Code of Criminal Procedure before the High Court Division, Dhaka for quashing of the aforesaid proceeding. A Division Bench, by the impugned judgment and order dated 21......ivision, Dhaka Bench, in Criminal Revision No. 149 of 1989). Judgment: ATM Afzal.- The appellant is an accused in a proceeding under sections 406/420/4671468/471/109 of the Penal Code now pending in the Court of the..Category: Criminal Law | Date: | Hits: 57
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......Main Kamal Din Vs. Malik Muhammad Bashir, PLD 1952 Lahore 456 wherein it was held that once a party receives intimation of an action it is for him to pursue it and to keep himself in touch with the proceedings, either personally or through his counsel. 5. It is contended that the High Cou..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....tion 145 of the Code of Criminal Procedure, shortly the Code challenging the judgment of a Division Bench of the High Court Division, Dhaka dated 7.3.91 passed in Criminal Revision No. 165 of 1988 quashing the judgment and order dated 25.6.88 passed by the Metropolitan Magistrate, Dhaka in P Cas......udgment: Mustafa Kamal J.-his appeal by leave is by the first party Samirun Nessa arising out of a proceeding under section 145 of the Code of Criminal Procedure, shortly the Code challenging the ju..Category: Criminal Law | Date: | Hits: 54
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
.... Mustafa Kamal J.- Division Bench of the High Court Division, Dhaka by the impugned judgment summarily rejected the accused-petitioner's application under section 561A Cr.P.C. for quashing the proceeding of Criminal Case No. 22(CR) of 1991 under sections 406 and 420 of the Pena......bsp; Mustafa Kamal J.- Division Bench of the High Court Division, Dhaka by the impugned judgment summarily rejected the accused-petitioner's application under section 561A Cr.P.C. for quashing the proceeding of Criminal Case No. 22(CR) of 1991 under sections 406 and 420 of the Penal Code pending..Category: Criminal Law | Date: | Hits: 34
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......and then in Bangladesh and continuing as the owner of the disputed property. 20. It maybe observed that from the position taken by responded Nos. 4 and 5 before the authorities and in this proceeding it follows that the property in question did not vest in the Government at any time eith..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ......uot;Certified that the lands in this plan were duly acquired under the provisions of the Land Acquisition Act, 1 of 1894, and under declaration no…………..of the and in proceedings no…..of 19…and that they were made over by A, B on the…..on behalf ..Category: Civil Law | Date: | Hits: 99
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......discharge. Being aggrieved by the order of discharge appellant. No. 2 Amir Hossain Miji (informant) moved the High Court Division and obtained a rule sometime in the middle of March 1988. Further proceeding of Sessions Case No.5 of 1987 has been stayed in consequence of the said rule which is pe..Category: Criminal Law | Date: | Hits: 48
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......n is concerned, a mere trustee for him, there is no reason why an action cannot be maintained in the name of the benamdar in respect of the property although the beneficial owner is no party to it, a proceeding by or against the be-named being in its ultimate result fully binding on the beneficial o..Category: Tenancy Law | Date: | Hits: 106
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ......(a) if instituted more than one year from the date on which possession of the property was delivered to the purchaser, or (b) if the certificate-debtor has made appearance in the certificate proceeding, or has applied to the Certificate-officer under section 22 or section 23 to set asid..Category: Property Law | Date: | Hits: 35
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ..Category: Property Law | Date: | Hits: 32
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