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Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....hin 15 days of receipt of the notice. As per provisions of sections 177, 178, 179 and 180 of the Code of Criminal Procedure if the aforesaid five different acts were done in five different localities any of the Courts exercising jurisdiction in one of the five local areas can become the place of tri......lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ...... Opposite Parties. Criminal Miscellaneous Case No. 18733 of 2006. Judgment Sharifuddin Chaklader J.- This Rule, at the instance of the accused petitioner, is for quashment of the proceeding of Metro Sessions Case No. 984 of 2006 under section 138 of the Negotiable Instruments Ac..Category: Criminal Law | Date: | Hits: 50
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
....ope of section 494, Cr.P.C. The learned Attorney-General submits that while it cannot be said that the Home Ministry has no power to instruct the Public Prosecutor to withdraw from the prosecution of any person "either generally or in respect of any one or more offences" but that must be based upon ...... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ......prosecution on the grounds that the original complainant had withdrawn from the prosecution, that the government on examination of the record considered that the evidence was insufficient for further proceeding with the case and that the government, in view of uncertainty of successful prosecution, ..Category: Criminal Law | Date: | Hits: 43
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....s illegal, ineffective and also not binding upon the plaintiff. The plaintiff also prayed for perpetual injunction for restraining defendant Nos. 1 and 2 permanently from leasing out the suit land or any part thereof in favour of defendant No. 4 or any other third party and/or also for restraining t......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ...... no basis. In support of such case, he adduced evidence both oral and documentary. 35. Trial Court found that 0.3018 acre out of the land of the plaintiff was acquired in aforesaid acquisition proceeding. Out of said acquired land, 0.0583 acre was used. In view of Exhibits 8, 8(ka), 10 and 14..Category: Property Law | Date: | Hits: 32
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....ent Nos. 1 and 2 writ-petitioners are fugitive. In view of fugitive the findings of the High Court Division merits no consideration since law is not settled that a fugitive has no legal right to seek any kind of redress as against her grievance, if any, against the pending proceeding before the comp......ove, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ......ncluding his wife and other dependents within 72(seventy two) hours from the time of receipt of the notice. The respondent Nos. 1 and 2 have also challenged the initiation and continuation of the proceeding in ACC GR Case No. 20 dated 26-12-2007 corresponding to Patenga Police Station Case No...Category: Anti-Corruption Laws | Date: | Hits: 143
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....t party of eye plucking case and compelled them not to pursue that case. It is the further case of the defence that in 1973 law and order situation was beyond the control of law enforcing agency and many miscreants were in possession of unauthorised arms and under such circumstances those 5(five......benefit of doubt arising from such omission. 10. F.I.R. being an earliest record of the case it has got much importance and it enables the court to see what the prosecution case was at the initial stage and to check up subsequent embellishment or departure therefrom as the case proceeds through d...... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ..Category: Criminal Law | Date: | Hits: 30
Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)
.... no help in the present case as in that reported decision the impugned order was passed as a matter of routine course without application of the judicial mind to the materials on record and without any finding as to the emergent nature as contemplated under Sub-section (4) of Section 145 of the Co......o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ......g houses and shops and the second party is trying to take forcible possession of the said property of the first party. In such circumstances there is a serious apprehension of breach of peace and a proceeding need be drawn. On the aforesaid application, the learned Upazila Magistrate by Order No.1..Category: Criminal Law | Date: | Hits: 32
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....e 3rd subordinate Judge, Dhaka being money suit No. 116 of 1985 for a decree for realisation of Tk.24,56828/-against the defendant opposite parties No. 1 and 2 namely M/S Yama Moto & Co. Ltd. a company situated with its head office at Japan and pioneer industrial, authorised agent of M/S. YAMA M...... of cases cited at the Bar. 22. In the instant case it is a question of attachment before judgment as provided under Order 38 rule 5 of the Code of Civil Procedure. It provided that where at any stage of a suit, the Court is satisfied, by an affidavit or otherwise, that the defendant, with in......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
.... murdered his mother Sajeda and caused injury to him. Hearing the hue and cry raised by his father, neighbours, namely, professor Md. Anwarul Kader, Md. Hashem Ali, Khizir Ahmed, Professor Harun and many others came to the place of occurrence. The occurrence was narrated to them and the name of assa......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......মার রাগ ছিল।” 28. The confessional statement Ext 5(Ka) shows that all legal formalities were scrupulously observed by the learned Magistrate (P.W.16 S.T. Islam) who before proceeding to record confession made sincere endeavour to place appellant Dablu at ease, dispelled a..Category: Criminal Law | Date: | Hits: 61
....ed in: 54 DLR (2002) 35.
......en passed in gross violation of the terms of the contract and to the great prejudice of the defendant company causing serious loss of revenue of the public exchequer. To meet ends of justice, at this stage, the order of the court below requires to be modified.
14. The order is accordingly, modifi......eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
..
Category: Civil Law | Date: | Hits: 115
....nder section 115 of the Code of Civil Procedure against an order dated 24-5-95 passed by Subordinate Judge, 5th Court at Dhaka in Title Suit No. 139 of 1994.
3. Opposite Party No. 1, a limited company, instituted the suit for following declarations as well as perpetual injunctions:
a. Permanen......to a suit based on the original cause of action arising out of rights and titles which formed the subject-matter of such an agreement or award.
4. Even if no such defence has been taken but at any stage of suit before a court of law, it comes to its notice that the subject-matter of the suit has ......mpany, instituted the suit for following declarations as well as perpetual injunctions:
a. Permanent injunction against the defendants restraining them from taking any legal or other action and/or proceeding on the basis of alleged contracts said to have been entered into between the plaintiff an..
Category: Civil Law | Date: | Hits: 101
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
....if it is so prescribed- (a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison." 7. In the context of above provision of ......ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32.......rought a violation case against the petitioners under Order XXXIX rule 2(3) of the Code on the allegation of violation of the Court's order passed under Order XXXIX rule 1 of the Code. While the said proceeding was pending the opposite party Nos. 1 and 2 have sought punishment upon the petitioners u..Category: Property Law | Date: | Hits: 28
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....n. That application was also kept in the record and 6‑11‑93 was fixed for filing deficit postage by the pre‑emptee opposite party Nos. 1 and 2. As the opposite party Nos. 1 & 2 did not take any steps on 6‑11‑93 so they were directed to show cause as to why their application should not ......ed to stay operation of the impugned ex parte order of pre‑emption till disposal of the Raid application. That application was also kept in the record and 6‑11‑93 was fixed for filing deficit postage by the pre‑emptee opposite party Nos. 1 and 2. As the opposite party Nos. 1 & 2 did not ......es opposite party No. 1‑2 filed an application under section 151 of the Code, praying for setting aside the ex parte order dated 21‑9‑93 and restoration of the Miscellaneous Case (Pre‑emption proceeding), alleging, that when the case was taken up for hearing, their appointmeted Advocate went..Category: Property Law | Date: | Hits: 36
....8 acres of land to the petitioners and others after realisation of the compensation money paid to them (Annexure-H). It is contended by the petitioners that petitioner Nos. 2-8 were never served with any notice of requisition and they did not receive any compensation money and that their title remai......he decision taken as a result of interministerial communication to release the requisitioned land does not entitle the petitioners to have the land released from requisition on the ground that at one stage the Government decided to release the same.
17. In view of the discussion made above and fo......hout lawful authority and to be of no legal effect.
In the result, the Rules are discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ..
Category: Property Law | Date: | Hits: 31
Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
....hallenge let me address myself to see whether the same is revisable under section 115 of the Code of Civil Procedure. 7. Section 17 of the Family Courts Ordinance, 1985 provides for an appeal from any judgment, decree and order of Family Court to the Court of District Judge. The word “Order” ......for dower money impleading the present petitioner as defendant. The suit is being resisted by the defendant-petitioner on presentation of a written statement. 3. The suit reached to the peremptory stage 20-4-1999 was fixed for further hearing. Both plaintiff and defendant filed hajira. Defendant ...... Judge. The word “Order” has not been defined in the Ordinance. The word “Order” in widest sense may be said to include any decision rendered by a court on a question between the parties of a proceedings before the Court and the same can be construed or read either final or interlocutory and..Category: Family Law | Date: | Hits: 185
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....ary 10, 2002. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order XVIII rule 17 Order XVIII rule 17 empowers the Court to re‑call at any stage a witness who has been examined and cross-examined. The powers under the rule are very wid......10, 2002. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order XVIII rule 17 Order XVIII rule 17 empowers the Court to re‑call at any stage a witness who has been examined and cross-examined. The powers under the rule are very wide an...... view has rejected the prayer for amendment under Order VI rule 17 of the Code of Civil Procedure. Thirdly, according to Mr. Kabir, the amendment sought for may be allowed at any stage of the suit or proceedings if it appears to the court that by the amendment the real controversy in between the par..Category: Property Law | Date: | Hits: 34
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
.... stated below: It appears that a First Information Report was lodged by Vice-President of Islamic Bank (Bangladesh) Limited Khatungonj Branch, Chittagong alleging that M/s General Distribution Company of Khatungonj was given credit facilities of Taka 12, 61, 00,000.00 from the above Branch of the...... kept in the godown of Md. Islam and Sons and in the usual procedure 15,530 cartons of Dano milk powder were delivered and remaining 13670 were lying in that godown. It is further alleged that at one stage the importer and the guarantors were found hesitant in taking delivery of the powder milk from......azrul Islam, Advocates—For the Opposite Party. Criminal Appeal No.1156 of 1999. Judgment Md. Hamidul Haque J. - By this Rule the opposite party was called upon to show cause as to why the proceedings of GR No. 929/98 now pending in the Court of Chief Metropolitan Magistrate, Chittagong s..Category: Criminal Law | Date: | Hits: 39
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....f holding No. 21 Motijheel Commercial Area, Dhaka. The Rule Nisi was issued calling upon the respondents to show cause as to why the said proceedings should not be declared to have been taken without any lawful authority and to be of no legal effect. 2. The short facts leading to the issuance of ......t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......ty Attorney- the Respondents 1-5. SM Munir Advocate—For the Respondent No. 6. Writ Petition No. 7796 of1997. Judgment Syed JR Mudassir Hussain J.- The petitioner calls in question the proceedings contained in File No. 173-97/TA; FO/3/20069 dated 26-11-97 (Annexure C) and Memo No. 173..Category: Anti-Corruption Laws | Date: | Hits: 232
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....eration of Taka 51,53,073 and on 2‑4‑1985 on receipt of Taka 3,00,000 he executed an agreement 'Bainapatra' and agreed to execute and register necessary deed of sale in favour of the plaintiff or any person nominated by him. 4. Defendant No. 1 also entered into another contract with pro‑for......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ....... Islam suggested the plaintiff performed Hajj and he could not be expected to tell a lie on oath, and so, he avoided facing the trial. His brother Nasir Uddin is also found missing during the entire proceeding. No explanation furnished. 65. The plaintiff however did not find any compunction in g..Category: Civil Law | Date: | Hits: 78
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....challenged the vires of sections 5 and 6 of Druta Bichar Tribunal Ain, 2002 and the Notification issued vide SRO dated 2nd August, 2003 issued under section 6(a) of the aforesaid Ain transferring Companygonj (Noakhali) Police Station Case No. 11 dated 12‑8‑2001 under sections 147/148/ 149/448/32......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ......l in the cases. Under section 7 of the Ain it has been provided that provisions of the Code of Criminal Procedure so far as they are not inconsistent with the provisions of the Ain shall apply to the proceeding of the Druta Bichar Tribunal. There are, of course, in section 9 of the Ain, provisions f..Category: Criminal Law | Date: | Hits: 50
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....1987 also in the aforesaid First Commercial Court, Dhaka, against the National Bank Ltd and others praying for a decree for a declaration that the said seller, the defendant No. 5, is not entitled to any amount against the letter of credit No. 7‑9‑86 and the defendant No. I is not entitled to de......hat this lapse on their part is no doubt a discrepancy but since it was never raised before, it cannot now be raised. 46. True it is that as a discrepancy this cannot be raised now at this belated stage in appeal but it had another very important purpose. Had there been an endorsement on the back...... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ..Category: Business or Commercial Law | Date: | Hits: 202
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