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Md. Nasir Uddin Vs. State, 2007, 36 CLC (AD)
....that the submissions of the learned Advocate for the petitioner have got no merit and accordingly the same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 534. ......k.3,50,000/- (Three lac fifty thousand) from the complainant-respondent No.2 with the assurance to repay the same within 1(one) month but the accused-petitioner delayed the payment and at one stage the accused-petitioner on 15-07-2005 gave a cheque of Tk. 3,50,000/- in favour of the re......eave to appeal against the judgment and order dated 26-07-2007 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case 5787 of 2007 discharging the Rule arising out of proceedings of C. R Case No. 3085 of 2005 under Section 138 of the Negotiable Instrument Act now pe..Category: Criminal Law | Date: | Hits: 40
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
.... memo dated 17.8.1983. But the inquiry officer without following the provision as laid down in Sub-Rule (4) of Rule 7 of the said Rules fixed the date of inquiry on 7.12.1993 and without affording any opportunity of self-defence to the respondent the inquiry was completed on the aforesaid d......he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......al) Rules, 1985 until further orders although the said Sub-Rule 2 of Rule 11 of the said Rules was already omitted by S.R.O. No.304-Law/89/EM (Reg-5)1-D/88 dated 13.3.1989. 3. Thereafter, a proceeding was started against the respondent for misconduct by letter dated 4.7.1993 issued by the..Category: Administrative Law | Date: | Hits: 159
Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)
....tored. The notices and sale proclamation of the sale as alleged was not served upon the plaintiff. There was no arrear of rent of the suit land 1.91 acres of land as has been sold at a Tk.153/-. If any documents are filed by the defendant Nos.1 & 2 that will be presumed to be forged, collusi......t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ......nd perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 13. It appears that the present petitioner challenged the certificate proceedings and lost up to the Land Appellate Board, the highest revenue forum. The High Court Divi..Category: Property Law | Date: | Hits: 22
Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)
....pon leave was granted primarily to consider the correctness of the order of the High Court Division granting full relief's sought for in the revisional application in a summary manner without issuing any Rule upon the appellants or upon the State which is against the principle of natural justice. ...... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888.......al is the High Court Division granted full relief sought hi the revisional application in summary manner without hearing the respondent Nos. 3-9 and the State. The age old concept of law is that in a proceeding by an order of the Court, if the respondent is going to be affected then he requires to b..Category: Criminal Law | Date: | Hits: 37
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
.... order dated 6.8.92, made the Rule absolute in the writ petition holding that the judgment and order of the Administrative Appellate Tribunal consisting of two members only were passed without any lawful authority and of no legal effect. The appeal was remanded to the Administrative Appella......n by the High Court Division for the view it has taken. 17. It is true that the word 'hearing' in the context of certain enactments has been interpreted in a broad sense to cover the entire stage of trial and not in the restricted sense of only a particular stage beginning with the examin......departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ..Category: Administrative Law | Date: | Hits: 110
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
.... of a document. The document itself has to be proved, or where secondary evidence is admissible, secondary evidence of its contents may be proved. The terms of the document cannot be proved by any other mode of proof. The impugned kabala has been proved under Section 91. 13. Section ......rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ......f which is effected by an exchange deed. The learned Single Judge, it seems to us, made a mistake in holding that no oral evidence can be adduced to decide the nature of transfer in the pre-emption proceeding presumably in view of section 91 and 92 of the evidence Act, 1872. 12. Section 9..Category: Property Law | Date: | Hits: 66
Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)
....nd also for permanent injunction restraining the defendant-appellant and others from interfering with their possession of the pathway and from changing the nature and character of the same in any manner by putting any obstruction e.g., a gate at the entrance of the pathway. They claimed the......he plaintiff-respondents an additional facility or user on an admitted easement right. The permission given was therefore outside of the scope of the suit itself and it cannot be determined at this stage as to whether the gas connection will create an additional burden on the servant owner or wi......his appeal we find it to be unnecessary to give a decision on the respective merits of the two sides' submission. The right of pathway, admitted by the defendant- appellant in an interlocutory proceeding, has not finally resulted in a declaration of the plaintiffs easement right over the sui..Category: Procedural Law | Date: | Hits: 64
Md. Shahjahan Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....anaging Director and hence the further promulgation of the case will amount to an abuse of the process of the Court. 3. We have already noticed that the Managing Director of Private Company is not a public servant and as such the offence committed by him were not tribal by the Special...... proceeding of G. R. Case No. 3997/84 corresponding to Motijheel RS. Case No. 84(9) 84 so far present appellant is concerned. Ed. This Case is also Reported in: II ADC (2005) 801. ......scloses that the papers which were seized as alamats were recovered from the possession of respondent No. 1 and as such the High Court Division misread the charge-sheet and the quashing of the proceeding has been done in violation of settled principles of law in this regard. 2. I..Category: Criminal Law | Date: | Hits: 38
Munshi Md. Rashed Kamal Vs. Abdus Salam and another, 2005, 34 CLC (AD)
....s let us quote Section 138 of the Negotiable Instruments Act which runs as follows:- 138. Dishonour of cheque for insufficiency, etc. of funds in the account. – (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amou......omplainant opposite party deposited the same having been persuaded by the accused petitioner but the facts remain that no positive result reached to the opposite party. Although at this stage the argument made by the learned Advocate has got no leg to sand in view of clause (a) to ......llenging the judgment and order dated 10.03.2002 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 3481 of 2001 making the rule absolute thereby quashing the proceeding of C.R. Case No. 4321 (A) of 2000 pending in the Court of learned Chief Metropolitan Mag..Category: Criminal Law | Date: | Hits: 42
State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)
....nal Sessions Judge, Dhaka. 2. Short facts are that on July 9,1992 at about 8/9 A.M the members and supporters of rival unions of employees of the Titas Gas Transmission and Distribution Company Limited started assembling at the Second floor of the Company's Head Office at 19, Kawran Bazar...... P.W.5 G.M. Anwar went to the court aforesaid respondents attacked them and for that G.D Entry No.711 dated 14.05.1998 was lodged by A.S.I Mr. Hazrat Ali who on duty in the Court. 6. At one stage of the trial Respondents obtained bail from High Court Division. As against that the state mo......eave to appeal No. 103 of 1996 this Division observed that the respondents prayed for bail previously up to Appellate Division unsuccessfully. They again applied for bail and also for quashing the proceedings, which was rejected by the trial Court and also by the High Court Division in revision...Category: Criminal Law | Date: | Hits: 44
State Vs. Kamal Uddin @ Pichchi Kamal, 2005, 34 CLC (AD)
....tion the police submitted final report on 27.03.2001 so far as the respondent is concerned and that on perusal of the First Information Report it would appear that in fact there is no allegation of any overt act against him. 7. He further submits that the allegations of assaulting the decease......and the Police reports and in consideration of submissions of the parties we are of the view that the submissions of Mr. Mahmood cannot be brushed aside and, therefore, this is not a fit case at this stage for interference with the judgment and order of the High Court Division as it does not suffer ...... of the discussion made above we do not find any substance in the appeal the appeal is, therefore dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 788. ..Category: Criminal Law | Date: | Hits: 47
Md. Abu Daud Sarder Vs. State and another, 2002, 31 CLC (AD)
.... of an offence described in section 463 or punishable under section 471, section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in such pr......ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......gistrate and the same having been rejected, moved the Court of Sessions but did not have the desired result. 6. The appellant then moved the High Court Division seeking quashing of the proceeding of the C.R. case stating, inter alia, that prior to the filing of the petition of compl..Category: Criminal Law | Date: | Hits: 50
Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 CLC (AD)
....w that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 449. .......2006 of the High Court Division passed in Criminal Miscellaneous Case No.7577 of 2005 making absolute the Rule obtained challenging the continuance of the proceeding of Sessions Case No. 149 of 2005 (arising out of G.R. Case No.428 of 2004 correspon..Category: Criminal Law | Date: | Hits: 47
Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)
....rd, appearing for the petitioner submitted that the High Court Division erred in law in failing to consider that there is nothing to show from the petition of complaint that the accuseds made any specific promise of making any payment within a specified time, moreso, the petitioners did not......of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......f the Code of Criminal Procedure disclosing any ingredients of the offence under Sections 406/420 of the Penal Code as the money was given by the, complainant for investment in business and so the proceeding against the petitioners is an abuse of the process of law; that the High Court Divi..Category: Criminal Law | Date: | Hits: 41
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)
.... mentioned in paragraph 3 of the writ petition, hereinafter referred to as property, on the averments that he served as the Principal Officer, Mercantile Marine had no residential accommodation in any city or town in Bangladesh and out of his small savings he purchased the above property measuri......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 406. ......n of the above property was necessary for completion of the housing project started earlier by L.A. Case No.90 of 1964-65 and that there was public purpose behind the said requisition proceeding; thereafter the petitioner in revisional jurisdiction, under section 4A(2) of the above ..Category: Property Law | Date: | Hits: 50
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
....ceeds of TK.43, 00,000.00 in fixed deposit to the credit of the trial Court till final decision of the suit. 2. The facts of the case, in short, are that the plaintiff-appellant is a Banking Company incorporated under the Companies Act, 1994 having its Head Office at the address given at the ca......high quality buses which he imported while coming from Japan. The respondent No.1 also imported two other high quality buses to carry on transport business in the name of respondent No3 and at that stage Bangladesh Paribahan (Pvt) Ltd. was formed with respondent No. 2 as its Managing Director and ......Court as security against the decree that may be passed till final decision of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ..Category: Business or Commercial Law | Date: | Hits: 142
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....nema Hall and that subsequent to the agreement for sale of tie Cinema Hall, there was change in the management of the Cinema Hall and that respondent No.2 (a) was elected Managing Director of the Company and he applied for licence to exhibit motion picture film in the Cinema Hall. 4. The case of......a stranger on the ground of dispute between the parties as to the ownership of the Cinema hall as considered by the respondent No.1 and to authorize the stranger like the respondent No.2, who at no stage had approached the respondent No.1 for licence to exhibit motion picture film in the "Cinema H......nd in pursuant to that agreement the appellant took over the management of the Cinema Hall. Subsequent there to the Cinema Hall was put to auction in certificate case No. 3-B.SB/1987. The certificate proceeding was initiated at the instance of Bangladesh Shipla Bank since respondent No.2 and his fat..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....ellant has fraudulently obtained the ex-parte decree using neither false thumb impression of a lady who was neither the owner nor the Shebait of the Deity and as such he had no authority to execute any bainapatra in favour of the appellant. His above argument cannot be accepted at this belated st......dy who was neither the owner nor the Shebait of the Deity and as such he had no authority to execute any bainapatra in favour of the appellant. His above argument cannot be accepted at this belated stage because of the fact that the trial Court considered all the materials on record a......ter evicting the concerned persons therefrom; that while the said matter was pending for disposal, the 3Id party respondent Nos.1 and 2 filed 3 separate applications praying for stay of all further proceedings of the said. Title Execution Case No.20 of 1986 till disposal of Title Suit Nos.141 of ..Category: Property Law | Date: | Hits: 31
Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)
....petitioner contested the suit asserting, amongst others, that he has in the meantime paid Taka 3.50 lac and that as per section 47 of the Artha Rin Adalat Ain, 2003. The bank is barred from filing any suit for recovery of its principal loan amount plus more than 200 percent thereon as accrued in......assage of time and because of default on the part of the bank officers, they being negligent in pursuing the borrower in regularising the outstanding account and in filing suit at the earliest stage of default in adjusting the loan accounts by the borrower. 8. We have perused the impu......e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ..Category: Civil Law | Date: | Hits: 104
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
....y failed to prove its case; that the whole proceeding of the UP Case No.691 of 1984-85 is, in fact, void ab initio, moreso, when both defendant No.25 and defendant No.27 failed to bring on record any material in support of the plea that the property in question was an enemy property; the learne...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ......ion of the suit for the plaintiff arose on the service of notice of surrender upon him as issued by the defendant No.25 while defendant No.27 evidently failed to prove its case; that the whole proceeding of the UP Case No.691 of 1984-85 is, in fact, void ab initio, moreso, when both defenda..Category: Property Law | Date: | Hits: 22
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