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Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka.....................Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cabinet Division, Government of the People’s Republic of Bangladesh, Bangladesh ......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... 43. That theory was followed in the countries of the sub-continent unabated. So, in a plentitude of cases, including the one catalogued below, the Indian superior Courts held that an FIR or a complaint petition can be quashed at a very early stage, at the threshold if no offence is disclosed by..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....nd Upazilla: Tungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka...... Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cabinet Division, Government of the People’s Republic of Bangladesh, Bangladesh ......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... 51. That theory is being followed in the countries of the sub-continent unabated. So, in a plentitude of cases, including those indexed below, the Indian superior courts held that an FIR or a complaint petition can be quashed at a very early stage, at the threshold if no offence is disclosed by..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
.... The General Clauses Act, 1897 (Act No. X of 1897); section 5 Whether the Bankruptcy Act, 1997 is a retrospective legislation? The purpose of promulgation of the Bankruptcy Act was only for easy disposal of loan cases between financial institution granting loan and the loanee. After p......of First Appeal the application for execution was amended and the judgment and decree passed by the High Court Division in First Appeal was made the subject matter of execution proceeding by way of amendment. 9. In view of the above the decree passed by this Court in First Appeal No.212 of 1......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
....dul Jabbar being dead his heirs Md.
Nurul Amin and others………………………Opposite Party
Judgment
January 6, 2010.
Result:
The rule is discharged.
In a suit for declaration of title and recovery of possession, the plaintiff
must prove his title to and poss......he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
......s………………………Opposite Party
Judgment
January 6, 2010.
Result:
The rule is discharged.
In a suit for declaration of title and recovery of possession, the plaintiff
must prove his title to and possession and dispossession from the suit land. ..............
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....e deity on earth and is endowed with authority to deal with all its temporal affairs. In a Hindu religious endowment, the entire ownership of the dedicated property vests in the trustee, who holds it for the benefit of Cestui Que trust. The entire ownership of the dedicated property is transferred t......he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......e Shebait was not performing the religious rites regularly and he did not maintain the accounts of the deity's property and misappropriated the entire usufructs of the property. Subsequently, the plaintiffs' appointed one Santosh Kumar Chakraborty as pujari of the deity for performing religi..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....ions 138 & 141 In order to make person liable under section 138, the payee of the cheque has to give a notice in writing to the drawer of the cheque within thirty days of the receipt of information by him from the Bank regarding the return of the cheque as unpaid. The drawer of the cheq......der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ......of the Negotiable Instruments Act with a non-obstante clause makes it clear that the provisions of the Code of Criminal Procedure shall not be applicable in the case of filing of the petition of complaint and taking of cognizance of the offence punishable under section 138 of the Act…………â..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Md. Mainul Haque Bhuyan Vs. Md. Akkas Miah, 2009, 38 CLC (HCD)
....ode prescribed the circumstances when a plaint would be liable to be rejected. In the cause title of the application of this case, the provisions of Sections 13 and 28 were found and relief is prayed for under section 27 of House Rent Control Act, 1991 have been invoked. In such circumstance the app...... Order. Let a copy of the judgment be sent to the Assistant Judge, Second Court and House Rent Controller, Dhaka at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 425. ......ellip;…………………(7) The proceeding under the House Rent Control Act, 1991 is a summary one. The application under the said Act cannot be termed as a plaint. What a plaint should contain has been provided by Order VII Rule 11 of the Code. Order VII R..Category: Tenancy Law | Date: 6 Oct, 2009 | Hits: 127
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
...., 1974 and section 14(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000] was allegedly raped by her neighbour and distant relative [identity withheld]. The parents of the girl, after getting treatment for her from a local clinic, took her for better treatment to the Osmani Medical College Hospital, S...... currently the National Plan of Action for Children, 2005-2010, but in that action plan there is no specific provision with regard to implementation of the provisions of the CRC or with regard to the amendment of our existing law, which is by now more than 35 years old. She further pointed out that ...... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
....the petitioner today be treated as part of the main
revisional application.
2. The Rule was
issued at the instance of the pre-emptee on the following terms:
"Let the
records be called for and a Rule issue calling upon the opposite parties to
show cause as to why the order dated 31.1......rrant interference by this Hon'ble Court.
14. Mr. Shoheb
Ahmed Chowdhury in his reply to the submissions of Mr. Neaz Mohammad has shown
from the record that Kalu had already been made party by amendment and in this
view of the matter the preemption does not suffer from defect of parties and
......n 4 BLC 178. Their Lordships observed:
"9.
Admittedly, both the S.A. Khatians as
well as R.S. Khatians in respect of
the suit land stand in the names of the predecessor-in interest of the
plaintiff-opposite parties and also in some of their names It is true that the
SA records, in view ..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....e in possession, his name was finally published in CS khatian. Thereafter, he transferred the suit land to M/s Rally Brothers, a famous Jute Company under which hundreds of day labourers were working for carrying jute from the jute dealers’ (bepary) boat to the mill. Day labourers used to get ......st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ...... Sharif Uddin Chaklader J. - These three appeals, First Appeal No. 48 of 1999 by Samsul Hasan alias Md Hasan Samsuzzaman, defendant No. 5, auction purchaser, FA No. 203 of 1999 by Anowar and others plaintiffs and FA No. 330 of 1999 by Government of Bangladesh, represented by Secretary, Ministry of..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....opposite party to show cause as to why the proceedings of Metro Sessions Case No.2155 of 2006 arising out of CR No.2612 of 2005 under section 138 of the Negotiable Instruments Act, 1881 now pending before the court of Metro. Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. T......ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ......ion 138 of the Negotiable Instruments Act, 1881 now pending before the court of Metro. Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. The case started upon a petition of complaint on the facts, shortly as follows: The petitioner started business on behalf of his firm ..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
....l Procedure, 1898 (Act No. V of 1898); section 561A Quashment of criminal proceeding involving civil matter A criminal proceeding can be quashed if the allegations made in the First Information Report and the charge sheet or the petition of complaint do not constitute any criminal o...... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ......ashment of criminal proceeding involving civil matter A criminal proceeding can be quashed if the allegations made in the First Information Report and the charge sheet or the petition of complaint do not constitute any criminal offence. A criminal proceeding can be quashed even at initial..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......o submit statement of asset can only be exercised by the Commission itself, it cannot be issued passed by any other person. Such power of the Commission is not subject to delegation and therefore the amendment made in section 18 by insertion of sub-section (2) authorising the Commissions to give ex-...... relevant position of the evidences given by the prosecution witnesses. In his submission he asserted that the Anti-Corruption Commission backed by Army just to victimise the appellant without any complaint from any quarter issued the notice under section 26 (1) of the said Act. He in support of his..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
....ni Gopal Sen predecessor of opposite party nos. 1-7 as plaintiffs instituted S.C.C. Suit No.05 of 1996 in the third Court of Senior Assistant Judge, Dhaka, impleading the petitioner as defendant for ejectment from the shop room measuring an area 12' x 4' x 6" situated in holding No...... order of stay granted earlier by this Court stands vacated.
Office is directed to send down the record of the case at once.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 73.
......nior Assistant Judge, third Court, Dhaka, decreeing S.C.C. Suit No.05 of 1996.
2. Short facts leading to this Rule are that on 21-03-1996 Nani Gopal Sen predecessor of opposite party nos. 1-7 as plaintiffs instituted S.C.C. Suit No.05 of 1996 in the third Court of Senior Assistant Judge, D..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
.... Judge, 3rd Court, Dhaka, in Title Suit No.177 of 2000 dismissing the suit should not be set aside. 2. On 27.11.2000 the opposite party No.1 as plaintiff instituted a Title Suit No.177 of 2000 before the Court of the then Subordinate Judge, 3rd Court, Dhaka against the petitioner and the profor...... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ......2 respectively passed by the learned Joint District Judge, 3rd Court, Dhaka, in Title Suit No.177 of 2000 dismissing the suit should not be set aside. 2. On 27.11.2000 the opposite party No.1 as plaintiff instituted a Title Suit No.177 of 2000 before the Court of the then Subordinate Judge, 3rd..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Md. Babul Hossain Mollah and others Vs. Hasneara Begum and others, 2009, 38 CLC (HCD)
....visions of the Code cannot be invoked. It is well settled that where decree in question was granted on merit, it means that the defendants filed written statement and examined plaintiff witnesses before absenting themselves. Defendants had not challenged such decree on merit, therefore decree in ......fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ......e, 1908 and other provisions of the Code cannot be invoked. It is well settled that where decree in question was granted on merit, it means that the defendants filed written statement and examined plaintiff witnesses before absenting themselves. Defendants had not challenged such decree on merit..Category: Procedural Law | Date: 28 May, 2009 | Hits: 3
Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
....on under Order 7, Rule 11 of the Code of Civil Procedure should not be set aside and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. Facts necessary for disposal of this Rule, briefly, be put thus:- The opposite party, as plaintiff, filed a suit ......liable to be rejected. 4. The plaintiff filed a written objection against the prayer for rejection of the plaint contending, inter alia, that the agreement in question was executed before the said amendment of the Specific Relief Act inserting Section 21A and hence the said provision of law is no......side and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. Facts necessary for disposal of this Rule, briefly, be put thus:- The opposite party, as plaintiff, filed a suit for Specific Performance of Contract in the Court of learned Joint District ..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
....ant Judge, Mirpur in T.S. No.14 of 1998 dismissing the suit should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts necessary for disposal of this re-visional application, briefly, be put thus:- The plaintiff-respondent-p...... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296. ......For the Petitioners. Md. Nurul Amin with Md. Amimul Ehsan- For Opposite Parties. Civil Revision No. 5086 of 2004. Judgment Afzal Hossain Ahmed J.-This Rule, at the instance of the plaintiff-respondent-petitioners, was issued calling upon the opposite party No.1 to show cause..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....itle Suit No. 133 of 1971 decreeing the suit in part. 2. The facts, in short, are that the deceased Most. Begum Jahanara as the plaintiff filed the above mentioned Title Suit against the appellant for Specific Performance of Contract, contending, inter alia, that the suit property originally belo......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is disÂmissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......1995 passed by the learned Subordinate Judge, 1st Court, Barisal in Title Suit No. 133 of 1971 decreeing the suit in part. 2. The facts, in short, are that the deceased Most. Begum Jahanara as the plaintiff filed the above mentioned Title Suit against the appellant for Specific Performance of Con..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
.... why the judgment and order dated 16.2.2005 passed in Miscellaneous Case No.9 of 2004 (under Order 41 Rule 21 of the Code of Civil Procedure) by the learned District Judge, Sylhet upon an application for rehearing of Title Appeal No.218 of 2002 should not be set aside and/or pass such other or furth......eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ......d with Anjuman-Ara Begum- For the Petitioners. M.A. Jabbar- For Opposite Parties. Civil Revision No.1245 of 2005. Judgment Afzal Hossain Ahmed J.-This Rule, at the instance of the plaintiff-appellant-petitioners, was issued calling upon the opposite party Nos.1-6 to show cau..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
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