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Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
....hat she has already started execution proceedings in that behalf; the suit property being the homestead property, as per provision of section 6 of the Land Reforms Ordinance, 1984 is exempted from any legal proceeding including eviction and hence the suit. The defendant appeared in the suit and ......mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ......of the judgment and order passed in her favour in Miscellaneous Case No. 97 of 1984 filed under section 96 of the State Acquisition and Tenancy Act, 1950 and that she has already started execution proceedings in that behalf; the suit property being the homestead property, as per provision of sec..Category: Property Law | Date: | Hits: 60
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
.... has been possessing the same. The accused persons created a forged deed on 17-04-2000 with an intention to grab the properties of the complainant, showing him as vendor but in fact he did not put any signature on the said deed. The accused-persons created the deed by false personification. Earl...... submissions, he referred to the decisions in the case of Nasiruddin Mahmud and others vs. Momtazuddin Ahmed and another reported in 36 DLR (AD) 14 wherein it has been held that even at an initial stage a proceeding can be quashed and also the decision in the case of Ali Akkas vs. Enayet Hossain......ancelled and to take them on remand. 5. Whereupon the accused-petitioners moved the High Court Division on an application under Section 561A of Code of Criminal Procedure to quash the proceeding of the G. R. No.3361 of 2000 arising out of Tejgaon P. S. Case No.61(9) 2000 under secti..Category: Criminal Law | Date: | Hits: 39
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
....ses of the defendants were highly interested. The High Court Division also noticed the finding of the appellate Court that Hanif Sarker was not real settlement holder and that defendants did not take any step to prove the tenants' ledger to establish that the Amalnama in the name of Hanif Sarker is ......3 B.S. and Nizam Uddin died leaving defendant Nos. 13-19 and S.A. Record was prepared in their names and R.S. record was prepared in the name of heirs of Nizam Uddin who were minors but at the final stage the land was recorded in the name of the Jaminder, that heirs of Nizam Uddin has filed the s...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ..Category: Property Law | Date: | Hits: 29
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....rator. 4.The High Court Division by its judgment and order dated 31.03.1998 held that Section 28 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 provides that any person interested who has not accepted any award made by the Deputy Commissioner within 45 days......cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......He then cited the case of Jwala Prasad Vs. Jwala Bank Ltd. reported in AIR 1961 Allahabad 381 and submitted that in that case, it was held, by virtue of Section 117, Section 114, C.P.C. applies to proceedings taken by the High Court in the exercise of its appellate jurisdiction. Thus the High Co..Category: Property Law | Date: | Hits: 27
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
....he investigation under the provisions of law, High Court Division erred in law in quashing the proceeding on the ground that the investigation by the Assistant Inspector of the Bureau was without any lawful authority and the further submission, that bar of the prosecution as provided under secti...... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ......Amin J. - This appeal by leave is directed against the judgment and order dated 9-74998 passed by the High Court Division in Criminal Revision No.249 of 1997 making the Rule absolute and quashing the proceedings of Special Case No.7 of 1996 under sections 419/ 420/467/471/109 of the Penal Code read ..Category: Criminal Law | Date: | Hits: 63
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
.... it is alleged that the first enquiry report was not enclosed with the said notice. The respondent submitted his reply on 19-6-1991 pleading innocence. The authority ultimately, it alleged, without any consultation with the Public Service Commission illegally dismissed him service by the impugned......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ...... was ordered for clarification of the second enquiry report as to the sixth allegation on the basis of documentary evidence no notice was given to the respondent for the third enquiry and that the proceeding was initiated, conducted and concluded fully in accordance with the rules and there was ..Category: Administrative Law | Date: | Hits: 94
Shahe Alam (Md) Vs. Md. Golam Sarwar and others, 2000, 29 CLC (AD)
....in dispensation of’ service of notice, the High Court Division 8 committed illegality. The learned Advocate contends that Order 41 rule 14 of the Code of Civil Procedure has not provided for any power upon the High Court Division to dispense with the service of notice upon respondent Nos. ...... the year 1928 in Calcutta the provision is applicable in our country, as we have adopted that Code. This sub-rule (3) that provided that appellate Court in its discretion may make an order, at any stage of the appeal whether on its own motion or ex parte, dispensing with the service of notice o......o substance in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 164. ..Category: Election Law | Date: | Hits: 112
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....rit and may have to opt for satisfying such requirements in substance by putting official mark on the back of the ballot paper leaving a part on the counterfoil. If a ballot paper does not contain any official mark it is excluded from counting………………&helli......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......ers of minority community attached to No. 2 Baraibuniya High School Polling Centre and No. 4 Maddhya Baniyari Government Primary School Polling Centre (which is not involved in these appeals) from proceeding to the polling station by disconnecting the communication system by breaking the bamboo ..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
....ositive attribute. The view was that the District Judge under the two clauses acts not as a Court but as a designated person. His acts under the deed shall bind the parties but will not give right to any party either to appeal from there or to take a revision to the High Court. 4. Mr. Ahmed Sobh...... procedures for holding of election of the next committee and measures for their infraction. Articles 23 and 36 are the two articles which cover this contingency. A detailed reference to them at this stage is not called for, because the question of jurisdiction of the District Judge is in question. ......e trust deed, is to be construed as a Court, and not a persona designata. This construction not only makes the provisions of the trust deed effective but also avoids inconsistency and multiplicity of proceedings. In that view of the matter, the Judgment of learned Single Judge District Judge cannot ..Category: Trust/Waqf Law | Date: | Hits: 185
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....nt No. 3. This Court granted leave to consider that when the Returning Officer had no difficulty as to the identity of the appellant or his proposer and second, the defect as to number of ward, if any, ought to have been allowed to be remedied, as has been provided in proviso (ii) of sub-rule (3...... the notification mentioned above, I have the honour to point out the areas transferred from U.P. No. 10 of Ramgati and added with U.P. No. 12 cannot be adjudged in any ward of U.P. No. 12 at this stage i.e. in the midst of the Union Parishad Election and in the absence of proper delimitation.&r......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ..Category: Election Law | Date: | Hits: 114
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
.... those which are made in their discretion, unless the discretion is exercised fancifully or arbitrarily. 13. Order 4, rule 10(2) of the Code of Civil Procedure empowers the court to add parties at any stage of the proceedings, either upon or without application who ought to have been joined, whet......se which are made in their discretion, unless the discretion is exercised fancifully or arbitrarily. 13. Order 4, rule 10(2) of the Code of Civil Procedure empowers the court to add parties at any stage of the proceedings, either upon or without application who ought to have been joined, whether ......made in their discretion, unless the discretion is exercised fancifully or arbitrarily. 13. Order 4, rule 10(2) of the Code of Civil Procedure empowers the court to add parties at any stage of the proceedings, either upon or without application who ought to have been joined, whether as plaintiff ..Category: Tenancy Law | Date: | Hits: 142
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....effect that the appeal had abated in respect of respondent Abani could only be set aside on appeal or on review under Order 47 rule 1 CPC. In the instant case there was no appeal from nor there was any application for review of the said order. Nevertheless the High Court which had passed the orde......n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ...... appeal in which he challenged the decree passed against him in 1961. It is the appellant who is prosecuting the litigation and in this view of the matter the High Court found no illegality in proceeding with the appeal. The contention of Mr. Moinul Huq on this point does not accordingly app..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....f the Abandoned Properly (Control, Management and Disposal) Order (P. O. 16 of 1972) and that the public notice dated August 8, 1973 in so far as it relates to it has been issued without any lawful authority. 3. Before these two petitions could have been heard a preliminary......d by the Proclamation itself. 12. Mr. M. H. Khodker, counsel for the petitioner in Civil Petition No. 305 of 1977, did not think necessary to challenge this vires of the Regulation at this stage and submitted that it was possible to proceed with the hearing of such petition, though appar......re any authority or in any court; nor shall such taking over or vesting of property give rise to any claim to compensation. (2) All suits, appeals, petition applications and other legal proceedings pending immediately before the commencement of this regulation in any court in which a..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
.......Respondents Judgment February 18, 2007. Result: The criminal petition is dismissed. Words and phrases Refer to drawer The endorsement "refer to drawer" does not mean anything but that the cheque has been returned for insufficient funds in the account of the drawer o......ove the charge." 23. This is not a case which is barred by any law nor this is a case in which the contentions of the complaint, even if admitted in its entirety, no offence is disclosed. The stage of considering the evidence has also not yet reached as the recording of evidence has not even...... within the mischief of the offence as contemplated under section 138 of the Act and that complaint itself being an abuse of the process of the court the High Court Division ought to have quashed the proceeding. 10. Section 138 of the Negotiable Instruments Act, 1881 (as amended) runs as under:..Category: Criminal Law | Date: | Hits: 138
Abdul Jabbar (Md) Vs. Government of the People's Republic of Bangladesh & others, 2008, 37 CLC (AD)
....pondent No. 8 received the said show cause notice, he did not reply to the same. The Managing Committee thereafter by another resolution again asked him to show cause within 7(seven) days but without any response and the Managing Committee by its resolution dated 4-10-2004 decided to suspend the res......ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ......ondent No.8 as illegal and (ii) to form a new managing committee for the school and on the basis of the said recommendation the impugned order was issued. 5. The High Court Division held that no proceeding was started against the respondent No. 8 and no inquiry was initiated before placing him ..Category: Civil Law | Date: | Hits: 111
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....3. The learned Counsel appearing for the petitioner submitted that the High Court Division failed to consider that though the FIR contained the name of accused petitioner but did not contain any overt act on his part and the learned Magistrate, on considering the above and also the other m......he examined for the purpose of ascertaining as to whether there is any case for the purpose of proceeding with the trial against the accuseds but however/ if any extraneous document is filed at the stage of framing charge to make the court believe any defence version, such document is to be ...... prosecution initiated the case/ which means that the materials collected during investigation are to he examined for the purpose of ascertaining as to whether there is any case for the purpose of proceeding with the trial against the accuseds but however/ if any extraneous document is filed at ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....Appointment and Service Terms and Conditions Act, 2000 (XX of 2000), section 8 Provision invoking Article 136 of the Constitution has been made for creation, amalgamation and unification if any such posts but has only provided certain provision for transfer of First and Second Class Offic......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......n to differ with the views expressed therein, rather, in order to uphold the constitutional mandate high, we respectfully reiterate ,that no Court including High Court Division shall entertain any proceeding or make any order in respect of any matter falling within the jurisdiction of such tribu..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....s further alleged that the impugned approval was given by the respondent No. 2 in absolute colourable exercise of power and with malafide motive. He has no authority under the said Rules to issue any such approval under Rule 19 T. The impugned approval has been given without any lawful authority......ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ...... Matin J.- This civil appeal on leave is directed against the judgment and order 6-2-2008 passed by the High Court Division in Writ Petition No. 6576 of 2007 making the Rule absolute and quashing the proceeding of Metropolitan Sessions Case No. 2576 of 2007 under sections 385/109 of the Penal Code p..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
.... Cases Referred To- SP Gupta vs. President of India AIR 1982 (SC) 149; K Jain vs. Union of India AIR 1993 (SC) 1769; SR Bommai vs. Union of India AIR 1994 (SC) 1918; New York Times Company vs. United States 403 US 713 (1971); Nixon vs. United States 418 US 683 (1974); State of Punja......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......ocument; (c) then call for the opinion of the Chief Justice so far as it relates to the writ petitioners…………………(37) When a party to a proceeding claims that certain documents are privileged and immune from scrutiny by the Court, the ..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
....ot; Court Division allowed the same and thereafter the plaintiff on 10-11-96 filed an application in the above Money Suit No. 21 of 1993 praying for withdrawal of the said suit but without seeking any permission to sue afresh and in the above circumstances, the defendant No. 2 filed a written ob...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......o reason for setting it aside on the ground that the amount of the counter- claim is much bigger than that claimed in the plaint by the plaintiff. One of ends of justice is to avoid multiplicity of proceeding and it cannot be a good argument for pushing the defendant to filing separate suit beca..Category: Civil Law | Date: | Hits: 111
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