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....t for hearing, In support of the Rule; Mr. Khondakar Mahbubuddin Ahmed submits that the Trial Court erred in law in the absence of the plaintiff in allowing the prayer for addition and without giving any opportunity to the plaintiff. He also submits that no relief has been prayed for against the add......ies to restore session. But the Waqf Authority is admittedly not in possession of the suit land.
17. Under the provisions of Order 1 rule 10(2) Code of Civil Procedure-
“The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms ......oints out that the plaintiff has by this time preferred an appeal against the decree which is now pending for hearing.
13. In support of the earlier Rule, Mr. Mahbubey Alam first refers to various proceedings initiated by the parties. As stated earlier, he submits that the members of the added Sa..
Category: Civil Law | Date: | Hits: 84
Labu Mia Vs. State, 2001, 30 CLC (HCD)
.... application was filed praying for bail or to discharge him stating inter alia that the accused Labu Mia is a child who has been involved at the instance of the Investigating Officer who did not hold any proper investigation nor visited the place of occurrence. The investigation officer himself subm...... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ......1-1- 2001 in the heading of “Four-year-old boy charge-sheeted in Criminal Case” this Rule was issued calling upon the Deputy Commissioner Nilphamari to show cause as to why the aforesaid criminal proceeding against Labu Mia, son of Atiar Rahman should not be quashed. 2. The Records being call..Category: Criminal Law | Date: | Hits: 101
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
....the other hand, referred to the case of Kassarbai Vs. Jothabhai Jivan reported in AIR 1928 Privy council, 277. In that case it was held that they would have thought it unsatisfactory and dangerous in any event to take a decision in such a case as this on the correct determination of the genuineness ......owed the prayer of the plaintiff appellant for sending it to the hand writing expert for opinion. The learned Advocate lastly, submits that the prayer for hand writing expert opinion at the appellate stage was belated and is a device to prolong the proceeding and being not bona fide should have been......nding it to the hand writing expert for opinion. The learned Advocate lastly, submits that the prayer for hand writing expert opinion at the appellate stage was belated and is a device to prolong the proceeding and being not bona fide should have been rejected by the Appellate Court. Mr. Samad has r..Category: Procedural Law | Date: | Hits: 90
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....committee on elaborate discussions with the plaintiff gave him the decision in September, 1979 that the claim on account of sheet piling could not be accepted. Thereafter, the plaintiff did not raise any further claim on that account. On account of dewatering the plaintiff on 5-7-1979 placed a claim...... is also within the discretion of a Court. The law on interest is now well settled. Section 34 of the Code of Civil Procedure has given the discretion clearly to a court of law and envisages of three stages to award interest in a decree for money. The Court may in the decree order interest at such r......, as such, the decree does not call for any interference by this Division. On limitation he drew our attention to section 37 of the Arbitration Act and submitted that the time consumed in Arbitration proceeding is to be excluded under section 37(5) of Arbitration Act and if that is done, the suit wo..Category: Civil Law | Date: | Hits: 132
Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)
.... the Court of Magistrate, Ka Zone, Sirajgonj should not be quashed. 2. Mr. Khurshid Alam Khan, the learned Advocate for the petitioner, submits that the petition of complaint does not disclose any offence under section 406 or 420 of the Penal Code because there was no entrustment in favour of...... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ......ant Attorney-General—For the State. Criminal Miscellaneous Case No. 1836 of 2000. Judgment Md. Hamidul Haque J. - By this Rule, opposite parties were called upon to show cause as to why the proceedings of CR Case No. 315 (ka) 99 (TR No.172/99) pending in the Court of Magistrate, Ka Zone, S..Category: Criminal Law | Date: | Hits: 42
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
....an J.- This Rule is directed against an order passed by District Judge, Faridpur on 17-11-97 in Miscellaneous Appeal No.94 of 1997 allowing the appeal on the date of admission hearing without serving any notice to the plaintiff-respondents setting aside the judgment and order passed by the Subordina....... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196....... title in the suit land.3. Defendant opposite party Nos.1-5 have been contesting the suit by filing written statement denying all material allegations made in the plaint. 4. When the suit was thus proceeding the plaintiffs filed an application under Order 39 rules 1 and 2 of the Code of Civil Pro..Category: Procedural Law | Date: | Hits: 81
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
....n consideration of the materials on record arrived at the conclusion that: (i) Corroborative evidence by independent witnesses about recognition of the appellants is lacking, (ii) there is hardly any chance of recognition by P.W.s 1, 4, 10 and 11, because it was mentioned in the FIR that after......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ......spondents as stated above. It may be mentioned that the eye witnesses i.e. P.W.s 2 and 6 inmates of the hut inside whereof incident took place and the witnesses i.e. P.W.s 1, 4, 10 and 11 who while proceeding towards hut of the deceased having had heard cry from the direction of the hut of the dec..Category: Criminal Law | Date: | Hits: 57
Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)
....0 and foreclosing the mortgage. 2. The facts involved in the case, in short, are that the respondent No.4-Sonali Bank sanctioned loan of total amount of TK.80,00,000.00 to this writ-petitioner company in the year 1988 on condition amongst others that the writ petitioner would be liable to pay pen......we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ......ng been drafted by the Advocate of Bank and the same was executed by the Assistant General Manager DIT Branch but the said compromise petition not having been filed deceitfully the Bank illegally proceeding with the execution case. 5. Admittedly the writ-petitioner earlier paid a considerable..Category: Banking Law | Date: | Hits: 95
....vocate to go out from the Court and the petitioner was not intimated the next date of the proceeding and then having no other alternative the petitioner filed an application to transfer the case to any other competent court for disposal and copies of that application was served upon the then Prime......h Court Division committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 474.......mutwalli Motahar Hossain Chowdhury, but the Administrator of Waqf, compelled the petitioner and his learned Advocate to go out from the Court and the petitioner was not intimated the next date of the proceeding and then having no other alternative the petitioner filed an application to transfer th..
Category: Trust/Waqf Law | Date: | Hits: 185
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
..... It appears from the Judgment of the High Court Division that the learned Additional Attorney General conceded that the learned Special Judge was wrong in holding that the respondent no. 1 concealed any amount in respect of his Comilla house. It also appears that the learned Advocate appearing on b......dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......g the offences mentioned in the Schedule to the Act. However, those provisions are merely directory and deviation from those provisions in lodging an FIR instead of a complaint, would not vitiate the proceedings. 34. It appears that an officer of the Commission conducted an investigation into the..Category: Anti-Corruption Laws | Date: | Hits: 231
Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)
....ent Secretary General) Shah Alam Chowdhury of Muktijodha Council, were the custodian of the Muktijodha Councils at the instance of the then Vice-Chairman (at present Chairman) Md. Kabir Ahmed without any approval of the organisation by abuse of their powers withdrew Tk.50,00,000/- (taka fifty lac) f......ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ......is petition for leave to appeal is directed against the judgment and order dated 11.11.2007 passed by the High Court Division in Writ Petition No.9613 of 2007 so far it relates to staying the further proceeding of Special Case No.14 of 2007 arising out of Metropolitan Special Case No.133 of 2007 ari..Category: Anti-Corruption Laws | Date: | Hits: 159
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....ollution was never even felt in this region. Since early sixties, of necessity, industries of various kinds started to spring up slowly. Although in those days the question of pollution did not cross anybodies mind but certain provision were made in the Factories Act, 1965 (Act No. IV of 1965) rathe...... pains to establish that it is not a busybody. Subject to what emerges after the respondents state their case at the hearing of the writ petition the appellant cannot be denied entry at the threshold stage on the averments made in the writ petition.”(Para-52). 11. The importance of public inter...... caused by the pollution of the river Ganga is a public nuisance, which is wide spread in range and indiscriminate in its effect and it would not be reasonable to expect any particular person to take proceedings to stop it as distinct from the community at large. The petition has been entertained as..Category: Environmental Law | Date: | Hits: 345
Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)
.... relay the plaintiff’s deed to ascertain whether plaintiff is in possession of the area covered by his purchase deed or much land in his possession. (ii) To relay whether defendant is possessing any land in excess of the land purchased by him. (iii) To note the physical features of the lands......n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ......timony of defendant No.1 as DW 1 was recorded and the testimony of plaintiff as PW 1 was partly recorded. The suit is of the year 1982. Long 18 years has already elapsed since the commencement of the proceeding. Justice demands that the suit is to be disposed of as expeditiously as possible and a di..Category: Property Law | Date: | Hits: 27
....16-9-1996 and after him Mr Bhupati Ranjan Chowdhury was appointed as Government pleader on 17-9-1996 and due to change of the office of Government pleader, the outgoing Government Pleader did not say anything to newly appointed Government Pleader who obtained certified copy of the judgment and decre......ide the question of limitation at the first hearing of the appeal and if a court felt that delay could not be condoned, proceeding of the appeal before him would have been stood buried at the initial stage saving the parties from unnecessary harassment.
23. Resultantly, this Rule arising out of C......g materials before court explaining delay that delay is not required to be condoned. The fundamental question in determining the question of limitation is whether the delay in presenting an appeal or proceeding has been satisfactorily explained. The question as to whether the delay has been explaine..
Category: Limitation Law | Date: | Hits: 152
Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)
....tiffs purchased land from the rightful owners, which have been detailed in schedule 'Kha' in the plaint. The plaintiff of Title Suit No.16 of 1985 obtained a decree dated 29.04.1987 without serving any notice upon the plaintiff Nos.1-3 and without impleading plaintiff No.4. The plaintiffs are in p......h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......ge 83. In view of those decisions, I am of the opinion that both the courts below committed error in law occasioning failure of justice in holding that the present plaintiffs were aware about the proceeding of Title Suit No.16 of 1985 and consequently those findings are not sustainable in law...Category: Property Law | Date: | Hits: 79
Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)
....ejmali property of the appellant and the respondents. After the institution of the suit the appellant filed an application for temporary injunction restraining the respondents No. 1 and 2 from making any construction and / or changing the nature and character of the suit lands or from cutting away t...... complete. Thereafter on the application of the plaintiff the trial court ordered the defendant to pull off "within 20 days at their own costs that of the pucca constructions which they made from the stage at which the first Advocate Commissioner found". This order of the trial Court was maintained ......en it is proved that a party was in fact under a misapprehension as to the scope of the order, but this was never the plea of the defendant. Turning to the next point, we hold that though undoubtedly proceedings under order 39 rule 2(3) of the Code have a punitive effect, they are in substance desig..Category: Property Law | Date: | Hits: 84
....isturbed this balance and this has caused extreme pain, injury and injustice not only to the members of the judiciary but to the entire community. It is further stated that there was no allegation of any "physical or mental incapacity" or 'gross misconduct' against Mr. Justice KM Hasan or Mr. Justic......g the independence of judiciary, dignity and prestige of the Judges of this court are involved.
16. The concept of public interest litigation is a recent one, which is still in the development stage and is an exception to the General Rule. The settled position in law is that one cannot resort......Rahman as his Lordship then was observed:
"Thus I hold that a person approaching the court for redress of a public wrong or public injury has sufficient interest (not personal interest) in the proceedings and is acting bona fide and not for his personal gain or private profits, without any po..
Category: Constitutional Law | Date: | Hits: 126
Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)
....ion but in evidence the opposite party tried to make out a Case of estoppel alleging that at the time of transfer, the pre-emptors made the negotiation. The trial Court noticed that in the absence of any such pleading in respect of estoppel, the opposite parties are not permitted to raise such plea ......in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ......, the pre-emption Case that was filed against a co-sharer by inheritance is not maintainable. 4. The trial Court framed necessary issues and on consideration of the same found that the pre-emption proceeding is not bad for defect of parties. The trial Court also found that the pre-emption Case wa..Category: Property Law | Date: | Hits: 31
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
....of 1999 who by the said order restrained the appellants by an order of ad interim injunction from interfering and disturbing with the business, administration and management of the plaintiff No.1 company and from giving effect to the resolution of the Board Meetings dated 15-4-99 and 28-4-99 of plai...... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ......t of lawyers who appeared before this Court when the appeal was admitted also appeared before the learned Assistant Judge as well as before the learned Subordinate Judge and he was fully aware of the proceedings and it was also submitted that the respondents on receipt of the notices from the learne..Category: Business or Commercial Law | Date: | Hits: 207
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
....ate. 10. In the wake of only contention pressed into service for and on behalf of defendant-petitioner that Family Appellate Court got no authority to enhance the amount of maintenance without any cross appeal or cross objection preferred by either side, the question which survives for determ...... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ...... Designata’. ‘District Judge’ having been the ‘Principal Judge of the Civil Court’ of the District, the provisions of the Code of Civil Procedure is very much applicable to Family appellate proceeding before District Judge or the transferee Judges like Additional District Judge and Subordi..Category: Family Law | Date: | Hits: 152
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