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Md. Rezaul Karim Vs. State, 2007, 36 CLC (AD)
....to rule absolute. Hence the present leave petition. 4. Mr. Monsurul Haque Chowdhury, learned Advocate for the petitioner submits that the investigation of the case was conducted by as many as 4(four) Investigating Officers at different stages on account of their transfer and the peti......rge sheet on 09.09.1999 under sections 302/34/109 of the Penal Code against 14 accused persons. Four (4) Investigation Officers were involved in the present case and they investigated into the case stage by stage because of their transfer from one place to another. The petitioner was the fourth a......ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 266. ..Category: Criminal Law | Date: | Hits: 38
Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)
....f the clinic where she told Dr. Ruhi Morshed for taking steps for delivery by operation as was told by the accused-petitioner No.1, Dr. Hafizur Rahman. The accused-petitioner No.2 instead of taking any step for operation tried for normal delivery. The further case of the informant was that on th......ried after examination of the witnesses and in view of the facts and circumstances of the case, we are of the opinion that entertainment of the prayer seeking quashing of the proceeding at the stage will be stifling the proceeding since the informant opposite-party No.2 had no opportunity to......nd order dated 17-01-2004 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.7242 of 2001 discharging the Rule. The case was filed seeking quashing of the proceedings of G.R. Case No. 382 of 2000 of the Court of Metropolitan Magistrate, Dhaka. 2. ..Category: Criminal Law | Date: | Hits: 42
Alhaj Mostafizur Rahman Vs. Rezaul Hoque, 2007, 36 CLC (AD)
.... property by virtue of a deed of exchange and started disturbing the construction work and also threatened with dispossession openly declaring that they wouldn't let the plaintiff-petitioner build any mosque or Madrasa on the said land. In the premises, the plaintiff-petitioner and his wife, Mos......osal of the rule. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 255. ......ct Judge, 2nd Court, Noakhali in violation case under Order 39, Rule 3(2) of the Code of Civil Procedure being Miscellaneous Case No. 30 of 2003 should not be set aside and for staying all further proceeding in the said Miscellaneous Case for a period of 6(six) months. 2. The petitioner a..Category: Property Law | Date: | Hits: 43
Wali Miah Sodagor Jame Masjid and Madrasha Vs. Abdul Hoque and others, 2007, 36 CLC (AD)
....s of the said property vide Deed of Exchange and started disturbing him and threatening him to dispossess him from the said property and openly declared that they would not let the plaintiff build any Mosque or Madrasha on the said land. In this circumstances, the plaintiff as Mutwalli of ......ach the High Court Division for early disposal of the Rule, if they so desire. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 234. ......et aside and /or pass such other or further order or orders as to this Court may seem fit and proper. 7. Pending hearing of the aforesaid Rule the High Court Division also stayed the further proceeding of Title Suit No. 43 of 2003 in the Court of the Senior Assistant Judge, Chatkhil,..Category: Property Law | Date: | Hits: 35
Md. Fazlur Rahman and others Vs. Haji Md. Manir Khan and others, 2007, 36 CLC (AD)
....iling written statement and contended, inter alia, that the suit was barred by limitation and bad for defect of parties and also stated that the pro-forma defendant Nos.13 and 14 have not executed any Bainapatra or delivered possession of the suit land. That Suresh had no son in the name of Sank...... the submissions of the learned Advocate for the petitioners. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (200) 231. ......sessed on 06.09.1972 from the Schedule-3 land of the suit. Fact remains that though the defendant claims the suit land but they have not challenged the decree in Title Suit No. 202 of 1969 and the proceeding in Execution No.5 of 1970. On the contrary the defendant No. 1 has failed to prove the a..Category: Property Law | Date: | Hits: 29
Harich Ahmed Vs. Wali Ullah and others, 2006, 35 CLC (AD)
.... Division further observed that the trial Court was in serious error in holding that defendant gave undertaking in Title Suit No. 121 of 1986 that he would not use the sale certificate in any proceeding if available in future as the order of the trial Court clearly shows that defen...... judgment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 228. ......ision further observed that the trial Court was in serious error in holding that defendant gave undertaking in Title Suit No. 121 of 1986 that he would not use the sale certificate in any proceeding if available in future as the order of the trial Court clearly shows that defendant..Category: Property Law | Date: | Hits: 37
Nazma Ahmed and others Vs. Bangladesh, 2006, 35 CLC (AD)
....orged one and that on 28.02.1972 the building in question was found abandoned and as such has been enlisted by the Government as an abandoned property and that subsequent deed of transfer, if any, dated 14 July 1972 does not have any legal basis as aforesaid Mrs. Rasheda Ashfaq was not a ci......ts the less is said, the better. It is surprising to find that inspite of repeated demands not a single original deed whatsoever, in support of the claim of the petitioners has been produced at any stage of hearing the matter before the High Court Division or before this Division. 15. Rega...... impugned judgment does not call for our interference. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 224. ..Category: Property Law | Date: | Hits: 27
Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)
....ee passed by the Artha Rin Adalat but it only excludes the operation of Rules 3, 5, 6, 7, 8 and 9 of Order 21 of the Code to ensure that the decree passed by the Artha Rin Adalat is not executed by any other court or Artha Rin Adalat on transfer but by the same Artha Rin Adalat which passed the d......on of Tk. 51,93,553/- as outstanding loan. The suit was decreed ex-parte on August 16, 1990. The respondent No.2 put the decree into execution by filing Money Execution Case No.2 of 1991 and at one stage filed an application with the prayer for making an order for civil imprisonment of the defend......ode of Civil Procedure which prohibits arrest or detention of a woman in civil prison in execution of a decree inasmuch as the provisions of the Code of Civil Procedure are applicable in execution proceedings before the Artha Rin Adalat there being no contrary intention expressed in the Artha Ri..Category: Civil Law | Date: | Hits: 111
Bangladesh Biman Corporation Vs. Riaz Uddin Ahmed and others, 2006, 35 CLC (AD)
....ar allegation and that he again replied to the chargesheet and that a committee was formed to enquire into the matter who gave a report on 17.09.1997 to the effect that it was not possible for any Individual alone to do alleged overwriting and as such any particular individual could no...... of the matter we are not inclined to lay our hands. In view of the discussion made above, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 941. ...... of the matter we are not inclined to lay our hands. In view of the discussion made above, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 941. ..Category: Employment/Service Law | Date: | Hits: 72
Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)
....icer managed to procure a forged order showing allowing the application filed by defendant No.1 and on the basis thereof dispossessed the plaintiff on April 9, 1985, that defendant No.1 did not get any order in his favour from the office of the local Revenue office on the application filed under......he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ......as created in favour of the defendant No.1 in the land in suit, that by the said forged and fabricated order defendants have not acquired any title or interest in the land in suit, that in the proceeding initiated upon the application filed by the defendant No.1 in the office of the local Re..Category: Property Law | Date: | Hits: 18
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....t even if they were liable under the terms of the guarantee, which they in fact do not concede, they were, by operation of section 139 of the Contract Act, 1872 ("the Act"), discharged of any obligation under the terms of the guarantee by the omission of the opposite party-respondent N......el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ......ntries in one important respect. There are many situations in which, if the English court has jurisdiction, it will apply English domestic law. This is true, for example, of most issues in proceedings for divorce and sepatation, for the guardianship, custody and adoption of minors,..Category: Civil Law | Date: | Hits: 96
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....rt had inherent jurisdiction to pass an order of temporary injunction under section 151 of the Code of Civil Procedure and that if in a case where an application for temporary injunction was pending, any party to the case in order to defeat the order of the Court which might be passed on such an app......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......against the said judgment of the High Court Division was granted to consider the principle underlying, and the condition justifying, the making of an order of mandatory injunction in an interlocutory proceeding. 6. Mr. Khondkar Mahbubuddin Ahmed, learned Counsel appearing for the appellants has n..Category: Property Law | Date: | Hits: 31
Md. Shah Alam Mollah Vs. Md. Ruhul Amin Khan & another, 2007, 36 CLC (AD)
....further observed that during their earlier examination by police under section 161 of the Code of Criminal Procedure those witnesses did not mention the name of the present respondent nor made any allegation against him. Accordingly, the High Court Division held that a witness once narrated......eapons like cut rifle, pistol, ramdao etc., by breaking the door trespassed into their north bhiti dwelling hut and assaulted the informant and witness Nos. 2 & 3 and also confined them. At one stage accused No. 1 forcibly snatched away one tola golden chain from the witness No. 2, accused N......ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ..Category: Criminal Law | Date: | Hits: 54
Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)
....n such proceeding. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision. The learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interf......ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ......t of the provisions laid down in the Code of Civil Procedure and the impugned dated 30.1.2002, in terms of the provision of section 96(13) of the said Act 1950 being an appellable order, the proceeding under Order 9 Rule CPC is not at all maintainable and the High Court Division erred..Category: Property Law | Date: | Hits: 26
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
....that the pond in plot No. 306 is possessed by the plaintiff. The High Court Division also noticed that D.W. 1 admitted that no record of right was prepared in his name and that he did not pay any rent in respect of the land in suit and thereupon held that the said fact shows that "the ......inding that plaintiff has failed to prove his exclusive possession in the land in suit and that suit is not maintainable as both the parties have claimed title to the land in suit. 6. At one stage of the proceeding, in all probability at the appellate stage, plaintiff having had died his h......laintiff has failed to prove his exclusive possession in the land in suit and that suit is not maintainable as both the parties have claimed title to the land in suit. 6. At one stage of the proceeding, in all probability at the appellate stage, plaintiff having had died his heirs moved t..Category: Property Law | Date: | Hits: 26
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
....writ-petitioners were appointed in Phase-I of the Project purely on temporary and contract basis up to the completion of the Phase-I or the writ-respondents i.e. the Government was under any legal obligation to absorb them in the Phase-II of the- Project,(b)whether the Government was f......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......ng due consideration on their experiences". 13. The High Court Division can interfere by a writ of certiorari only when the person proceeded against has committed an act or taken a proceeding without jurisdiction or in excess of jurisdiction. We have already noticed that DPE..Category: Constitutional Law | Date: | Hits: 146
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....fairs and another ………………Appellants Vs. Mostafizur Rahman ………………………………….Respondent Judgment May 6, 2007. Result: The appeal is dismissed without any order as to cost. Cases Referred to- Mostafizur Rahman Vs. Bangladesh, 51 DLR (AD) 1; Kudr......udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......ate Division) Rules, 1988 is quoted below:- ORDER XXVI REVIEW "1. Subject to the law and the practice of the Court, the Court may, either of its own motion or on the application of a party to a proceeding, review its judgment or order in a Civil proceeding on grounds similar to those mentioned..Category: Procedural Law | Date: | Hits: 107
State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)
.... offence alleged was not committed by the respondent. 4. It appears that the respondent was not in charge of cash in question, but he had a duty to check the illegalities/irregularities, if any, committed by the Cashier and in the present case the respondent found to have failed to discha......he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ...... Bangladesh is directed against the judgment and order dated 18.09.2004 passed by High Court Division in Criminal Miscellaneous Case No. 3880 of 2003 making the Rule absolute quashing the impugned proceeding of Metro, Special Case No.5 of 2000 arising out of GR. No. 103 of 1995 corresponding to ..Category: Criminal Law | Date: | Hits: 62
Malek Gharami Vs. State, 2007, 36 CLC (AD)
.... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ......ase of suicide upon referring to the medical report but the Court has not accepted the convict's contention since about the genuineness of the medical report at the very initial stage objection was raised from the prosecution side but for the reason best known to the authority...... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ..Category: Criminal Law | Date: | Hits: 38
Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)
....he impugned judgment and order deserve interference by this court. 9. We have heard Mr. Md. Nawab Ali and perused the impugned judgment and other connected papers. We regret, we do not find any merit in the points urged and hold that the High Court Division upon correct assessment of the ......r used to kick and slap her off and on over trifling matters. In the evening following 20.2.1990 the victim informant after taking her evening meal went to her bed with her daughter and at one stage she woke up from sleep on hearing cry of her baby daughter and after opening her eyes she fo......d the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 169. ..Category: Criminal Law | Date: | Hits: 41
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