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Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
............Respondent Judgment April 1, 2012. Result: The appeal is dismissed. Nari-o-Shishu Nirjatan Daman Ain, 2000. Section 7 of the Ain, 2000 concerns abduction of any woman or child for any of the purposes mentioned in section 5 of the Ain. Section 8 of the Ain, ...... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ......e No. 9813 of 2003 discharging the Rule. 2. Criminal Miscellaneous Case No.9813 of 2003 relates to an application filed by the accused-petitioners before the High Court Division for quashing the proceedings in Sessions Case No.35 of 2002 arising out of Jamalpur PS Case No.3 dated 1-6-2001 corre..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
....ant Sub-Inspector of Police, Dupchachia Police Station held inquiry and submitted a report stating that there was longstanding sexual relation between the complainant and the accused. He did not find any ingredients of rape under section 376 of the Penal Code, but found ingredients of offence under ......aking inside of his room. She kept silent over the occurrence for the sake of her honour and dignity. Subsequently she became pregnant because of the occurrence, which she could not yet feel. At that stage, she got married with one Shahidul of village Barachapra on 25.4.1996. After three months, all......2936 of 1997. Judgment Md. Ruhul Quddus J.- This Rule at the instance of the sole accused was issued on an application under section 561A of the Code of Criminal Procedure for quashment of the proceedings in Nari-o-Shishu Nirjatan Damon Case No.95 of 1996 under section 6(1) of the Nari-o-Shis..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158
Anti-Corruption CommiÂssion Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....ng upon that order of the Hon'ble Appellate Division, the learned Metropolitan Sessions Judge has allowed the prayer of the opposite party No.1 to withdraw the said money, so he has not committed any illegality, as such, there is nothing to be interfered by this Court at this stage. 9. We h......te party No.1 and others. The learned Advocate has further submitted that when the matter is still pending it needs to be examined by the trial Court on examination of evidence, as such, at this stage the impugned order allowing the opposite party No.1 to withdraw money from the account of accu......, Dhaka, is the subject matter of the Criminal Case. The accused persons being petitioners earlier filed an application under section 561A of the Code of Criminal Procedure for quashing the proceeding but that application was rejected on the observation as to that from the perusal of the d..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
....ctions 247, 439, 561A. Fresh complaint petition not a bar in case of non-acquital. If an accused is not acquitted from a particular case, fresh petition of complaint can not be a bar under any law. And as such it can be said that in passing the impugned judgment and order the learned Sess......rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74. ...... to prevent the prolongation of litigation and to make the complainant diligent and sincere to persue the case……..(13) High Court’s Power to acquit an accused or to quash the proceedings of a case In a pending Rule before the High Court Division which has arisen out of ..Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7
....he principle of law as laid down, the nature of the dispute is entirely a civil dispute and it can only be resolved by a competent civil Court.
There is no provision in the Companies Act to file any declaratory suit under which the plaintiff could seek reliefs he claimed in the suit and these r......39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
......eliefs, these reliefs are not simple one in nature for adjudication in summary manner and need be adjudicated after taking both oral and documentary evidence and should not be decided in this summary proceeding under section 43 of the Companies Act. Reliance was placed on a decision in the case of N..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
...., 55 DLR (AD) 39; Pronoy Bhusan Bardhan Vs. The Sub-Divisional Officer, Brahmanbaria, 30 DLR (SC) 139; Anil Kumar Datta Chowdhury Vs. Province of East Pakistan (1971) 23 DLR 108; Watson and Company Vs. Ramchand Dutta and others LR 17 IA 110 ILR 18 Cal, 10. Lawyers Involved: AJ Mohamm......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ...... notice itself is illegal, question to settle whether the deeds of the plaintiffs are genuine are not required. If Government want to evict plaintiffs from suit land, Government should at first start proceeding claiming the property as abandoned property, government if so advice can initiate but for..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
....e of Criminal Procedure possess the same formula describing the inherent power except that section 561A adds "or otherwise to secure the ends of justice". Neither secÂtion does invest the Court with any new power. The power is already there and all that the sections do is to provide that in regard ......mstances of each and every extra ordinary power has to be pressed in aid when there is a flagrant abuse by subordinate Court………………………………(15) Interference even at an initial stage may be justified where the facts are so preposterous that even on the admitted facts no case c......ers in a sense are inalienable attribute of the position it holds with respect to the Courts subordinate to it. Thus the High Court Division in a proper case possesses the inherent power to quash any proceeding Judgment or decision of any Court/Tribunal subordinate to it. But this power must be exer..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
....hy;sing Title Suit No.4 of 2002. 2. Plaintiff's case, is that, plaintiff was allotted plot No.151 of Tongi Bangladesh Small and Cottage Industry (BSIC) Industrial Area and he installed a company under name and style, TS Enterprise and for developing the plot he gave foundation of 4-storied ...... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ......exhaust provisions of law before coming to the Court When the law provides for appeal as such, before come to the Court, litigant must complete or exhaust the provision of law and adjudicate the proceeding, otherwise it will be treated as premature. ....................................(17) ..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
....f was able to prove his exclusive possession in the suit land the plaintiff was entitled to get the decree as prayed for and that since there was no allegation in the revisional application regarding any misreading or non-consideration of the materials or eviÂdence on record there was no reason for......d disÂposal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside.
Ed.
This Case is also Reported in: 9 ADC (2012) 644.
...... propÂerty from the list of abandoned property. That the plaintiff obtained the mutation by exercising illegal influence upon the tahshilder and as such the said mutation was cancelled legally and a proceeding was started in the Anti-Corruption Department against that tahshilder and circle officer...
Category: Property Law | Date: 12 Mar, 2012 | Hits: 94
Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....#39;s Order No.142 of 1972 after amendment incorporated section 6 which is as:— "No person shall, without joining the Government which shall be a necessary party, file or proceed with any suit. (a) for the specific performance of any contract relating to the transfer of any immo......e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ......Miscellaneous Case No.455 of 2008 on 20-10-2008 under Order IX, rule 13 of the Code of Civil Procedure. Appeal was tendered on 7-1-2009. Defendant No.1 also obtained an order of stay of the execution proceedings on 20-10-2009. 3. In the application under Order IX, rule 13 of the Code of Civil P..Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....owever, the charge-sheet contains the following principal allegations: (1) 2 (two) officers of the Ministry of Establishment issued the 3 (three) nomination letters, but they could not show any document about the status of the 13 FIR named accused as surplus public servants; (2) on th......al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ......or absorption by the Ministry of Establishment…(28b). The cognizance order and the charge framing order are therefore set aside for enabling further investigation, however the quashment of the proceedings is not called for, due to the allegations of creation of false documents...............(..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....uch statement of the IO is evidently contradictory. Because if the signature was forged, then why Abdul Quayum Bhuiyan is implicated for the alleged verbal statement before the IO. This does not make any sense whatsoever. 23. The involvement of the officers of the Land Ministry is consequent to t......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......f Criminal Procedure, 1898 (shortly the Code, 1898) this case was registered as a Criminal Revision as per previÂous practice and a Rule was issued by this Court on 14-11-1994 about quashment of the proceeding of Special Case No.9 of 1993, then pending in the Court of Divisional Special Judge, Dhak..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦(6) Deposit of security is pre-conÂdition for challenging the award in form and 'shall' has been used, law makers make it clear that it is mandatory. Unless there be any security deposited to the satisfaction of the Court no award can be chalÂlenged……………â......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......ing for the decree-holder-opposite party, submits that, as per section 33 of the Arbitration Act, petitioner is bound to submit secuÂrity which petitioner did not file, as such, this rule as well as proceeding taken against decree by Judgment-debtor-petitioner was taken without any jurisÂdiction. ..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....he High Court Division as mentioned under section 561A of the Code can be exercised only for either of the three purposes specifically menÂtioned in the section which are, firstly, to give effect of any order under the code, secondly, to prevent abuse of the process of the Court and thirdly, to sec......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......ers in a sense are inalienable attribute of the position it holds with respect to the Courts subordinate to it. Thus the High Court Division in a proper case possesses the inherent power to quash any proceeding Judgment or to set-aside decision of any Court/tribunal subordinate to it. But this power..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....to appeal before this Division. 7. Mr. Syed Amirul Islam, learned Senior Advocate, appearing on behalf of the leave petitioner, submits that the High Court Division failed to notice that a comÂpany in liquidation cannot reinstate respondent No.1 to his former post as no business is carried out...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ......ejected the prayer for disÂcharge and framed charge against the petiÂtioner under sections 54 and 55 of the Ordinance by order dated 19.06.1995. 4. Being aggrieved by and dissatisfied with the proceedings of Criminal Case No.1 of 1994, the petitioner moved the High Court Division by filing Cr..Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238
Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)
....ment March 3, 2012. Result: The appeal is disposed of with observation. Whether section 14 of the Limitation Act, 1908 is applicable in determining the period of limitation prescribed for any suit, appeal or application by any special law e.g. the Local Government (Upazilla Parishad) Ord......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......Rules, 2008 being special laws and the period of limitation prescribed under section 13(4) of the Ordinance and rule 65(3) of the Rules being different from that prescribed in the Limitation Act, any proceeding there under is excluded from the operation of section 29 (2) read with section 14 or from..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
....ned ten witnesses who were duly cross-examined by the defence. The accused were examined under section 342 of the Code of Criminal Procedure whereupon they repeated their innocence but did not adduce any evidence in their defence. 5. The defence case, apparent from the trend of cross-examinatio...... informant S.M. Iqbal Hossain along with his family members and sister's husband Harun (deceased) went to the place of occurÂrence to restrain the illegal activities of those accused persons. At one stage, the accused persons surrounded the informÂant and his companions, and they raised hue and cr......ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is disÂmissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
....the date of occurrence, the petitioner demanded dowry of Taka 50,000/- (fifty thousand) only to bring from her mother. As she refused, all the three accused beat her. She did not specifically mention any overt act on the part of the petitioner or any other accused. 8. P.W.7 Dr. Padmo Mohan Sinh......entia under section 10(2) of the Ain and two others under sections 10(2) and 14 by order dated 2.7.2000 and proceeded with trial. In course of trial seven prosecution witnesses were examined. At that stage, the learned District and Sessions Judge, and Senior Nari-o-Shishu Nirjatan Damon Tribunal, Mo......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168
Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)
....stomers and clients of the Bank of that Branch. This Bank in process of functioning was closely associated with respondent No.2 along with functionaries of the Government of Bangladesh as Banking Company created by law. The petitioner has got his large volume of import business with India and Nepal ......p; the meantime published a notice in the daily Ittefaq dated 11-7-2010 for sale of the petitioner's mortgaged property under section 12 of Artha Rin Adalat Ain 2003 (in short Ain). At this stage the petitioner moved this Division and obtained the present Rule and order of stay. 4. Mr......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162. ..Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7
Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)
....espondents Judgment February 23, 2012. Result: This petition is disposed. Since the writ petitioners are the lessees of the land in question on yearly basis, they cannot be evicted at any time. Though they could not and did not acquire any right to get permanent lease of this land, t......ation for giving permanent lease of the said land to the writ petitionÂers. That thus the proposal for giving perÂmanent lease of the said land to the writ petitioners was under process and at that stage the dwelling houses of the writ petiÂtioners on the said land were demolished by the local ad......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ..Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156
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