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Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....otice to acquire a requisitioned property and this notice was served long ago and only Gazette notification under sub-section 4(h) of section 95A was made in the year 2003. 6. So, we do find any provision to show that final assessment is to be made on the basis of the current market value ......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......003. 6. So, we do find any provision to show that final assessment is to be made on the basis of the current market value after Gazette publication of notice under section 93A 4(h), the proceeding under the contempt Act is a quasi criminal proceeding. When it appears to us that there ..Category: Property Law | Date: | Hits: 33
Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)
....Cruelty to Women (Deterrent Punishment) Ordinance, 1983.The Case being sent for trial the accused petitioners were allowed bail. The Tribunal fixed 06.09.1998 for hearing as to framing of charge if any. The accused petitioners filed application under Section 241A if the Code of Criminal Procedur......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......of Sections 87/88 of the Code of Criminal Procedure has no leg to stand. 5. It may be stated that Section 87 of the Code provides for issuing proclamation for person absconding in a criminal proceeding and Section 88 of the Code of provides for issuing order of attachment of property of pe..Category: Criminal Law | Date: | Hits: 42
Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)
....fore the appellate court the order of the Magistrate is unwarranted and that being so the order of the learned Sessions Judge setting aside the order passed by the Magistrate does not call for any interference. 6. Mr. Md. Majibur Rahman, learned Advocate for the petitioner submits tha......ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ......004) Judgment: M.A. Aziz J. - This petition for leave to appeal by the first party in a proceeding under section 145 of the Code of Criminal Procedure is from the Judgement and order date..Category: Criminal Law | Date: | Hits: 70
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....ceiver namely the local Ward Commissioner in this report having stated that he has taken possession of the property from the Darwan of the 2nd party the learned magistrate did not commit any error in passing an order to release the case property in favour of the 2nd party and the learn......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......p; Amirul Kabir Chowdhury, J.- The delay is condoned. Falzul Kader Chowdhury Second party in a proceeding under section 145 of the Code of Criminal Procedure being petitioner prefers this petit..Category: Procedural Law | Date: | Hits: 154
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....e petition Mr. Abdul Malek, learned Counsel submits, inter-alia, that the High Court Division did not apply judicial mind inasmuch as the allegation against the petitioner is closes an offence, if any, of evasion of income tax, which may be looked into by the department of income tax and no......ence against the accused petitioner. The trial Court after recording evidence shall be at liberty to come to a conclusion as to innocence or otherwise of the accused petitioner and so at this stage we do not find any ground to lay our hands to quash the proceeding. 10. Let it be reite......ely an abuse of the process of the court. 7. He further submits that the accused petitioner is absolutely innocent of the charge leveled against him and further prolongation of the proceeding against him is, therefore, an abuse of the process of the court. 8. We have consi..Category: Criminal Law | Date: | Hits: 57
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
....ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... date of sale was lastly shifted to 01.12.2003 when the respondent No.3 offered Tk. 6.07,00,000/- which was accepted by the court and the said respondent deposited 25% of the bid money and at that stage the petitioner challenged the impugned order and so the sale could not be finalized. The......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 94
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
....tiff’s settlement is still in the proposal stage. 8. The material question in this appeal is, whether paragraph 8 of Government Memo No. 21-77/70/223R/L dated 2nd August, 1972 has any application in the present settlement case wherein settlement was given to the appellant by re-......L dated 2 August 1972 has no application in respect of settlement case No.242/62-63 in favour of plaintiff-respondent No. 1, although the plaintiff’s settlement is still in the proposal stage. 8. The material question in this appeal is, whether paragraph 8 of Government Memo No......n 11.2.70. Against that dismissal order a Second Appeal No.28 of 1972 and the said appeal was summarily dismissed upholding the settlement in favour of the plaintiff-respondent No.1. Thus the proceeding of the settlement case in favour of plaintiff-respondent No.1 was started earlier a..Category: Property Law | Date: | Hits: 35
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
....ala in question, that though in the kabala value of the land has been mentioned Tk. 1,00,007 but in fact the market price of the land in suit is Tk. 100,000/-, that the plaintiff has never received any money in connection with the alleged kabala from the defendant Nos.1-5, that the deed was never......ent was forged and fabricated. The undenied position is that the plaintiff and the recipients of the document in question i.e. Respondent Nos. 1-5 are closely related to each other and at one stage plaintiff tried to place a case before the Court that defendant Nos.1-5 in collusion with the...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....Petition No. 06 of 2004). Civil Petition for leave to Appeal Nos.20, 163 & 06 of 2004 (From the judgment and order dated 18th and 20th August 2003 passed by the High Court Division in Company Matter No.71 of 2001). Judgement Mohammad Fazlul Karim J.- The petitioners who were re......cting promoter directors to include as Sponsors and to take the decision of the share distribution and to take all other necessary decision and executed in the interest of the Bank at the formation stage with the aim of obtaining necessary approval from the concerned authority; that respondent No.......ctable criminal event and forcibly detained the petitioner, an acutely heart patient in the hotel lobby of the Pan pacific Sonargaon Hotel. 7. That the said event gave rise to multiple criminal proceedings including Ramna Police Station G.D. No. 1611 dated 19.6.2001 under section 342/384/506 o..Category: Banking Law | Date: | Hits: 185
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....ted illegally in making the Rule absolute holding that 'we are constrained to hold the view that the cheque which was returned with the remarks ' payment stopped by the borrower' does not and can not anyway be interpreted that the cheque was returned un-cashed for insufficiency of fund and there is ......arned Chief Metropolitan Magistrate, Dhaka, after taking cognizance, issued summons upon the respondent No.1 vide order dated 15.11.1999 fixing next date on 15.12.1999 for further order and at that stage Respondent No.1 moved the High Court Division under section 561A of the Code of Criminal Proce...... the petitioner seeks leave to appeal against the judgment and order dated 9.2.2003 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.2788 of 2000 quashing the proceedings which was started against the respondent Nos.1 and 2 in G.R. Case No. 4690 of 1999 on an..Category: Criminal Law | Date: | Hits: 50
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
.... them to Kashimpur vagrant home and detained them against their will and the respondents circulated a questionnaire to the residents of Nimtali and Tanbazar to express their opinion as to how many women and girls were willing to give up prostitution and opt for their rehabilitation and the r......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ......ioned by us at the outset. 5. In support of the appeal, Mr. Abdur Razzaque Khan learned Additional Attorney General submits, inter alia, that since the writ petitioner did not challenge the proceeding of the Vagrancy Act the impugned direction made by the High Court Division is illegal. R..Category: Constitutional Law | Date: | Hits: 150
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
.... square feet but later on the rent was enhanced to Tk.3.00 per square feet but the defendant did not pay the rent at enhanced rate, that three sons of the plaintiff are graduate but could not procure any employment and as such to provide these unemployed sons plaintiff requires the shop in question.......ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed....... of a particular tenant from a particular premises would not be refused only because in the same locality or in the same building the landlord has other shops which have been let out and instead of proceeding against the others the land lord proceeding the shop in suit, but that would not disentit..Category: Tenancy Law | Date: | Hits: 180
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
.... 15. Admittedly an application under section 1 0 of the Code of Civil Procedure was filed by the appellant. Section 10 runs as follows:- "No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a prev...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ...... for khas possession and for eviction of the monthly tenants of the defendant-petitioner. 3. The petitioner being defendant No.3 in Title Suit No. 64 of 1992 filed an application to stay proceeding of the suit till disposal of the aforesaid Title Suit No. 213 of 1979 contending th..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... said activities of the plaintiff having had came to the notice of the College, the College authority directed the plaintiff verbally to refrain from objectionable activities but he without paying any heed to the direction of the College authority continued his unauthorised activities and i...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......ndant No. 1 and the Chairman, Cadet College Council and Adjutant General Bangladesh Army Adjutant Branch, Bangladesh Army Head Quarter, Dhaka as defendant No. 2. 10. As the law is that legal proceeding against the Cadet College, which is a body corporate, is to be brought against the said ..Category: Employment/Service Law | Date: | Hits: 113
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
.... Ali lodged a petition of complaint before the learned Chief Metropolitan Magistrate, Dhaka stating, inter alia, that he was Managing Director of the consolidated Trading and Manufacturing Company (Pvt), Ltd. and that the accused petitioner was one of the directors of the company who acted ......ishonestly misappropriated the company's money and/ or made false statement in the annual return. 7. On the face of such statement made in the petition of complaint it cannot be said at this stage before recording evidence of the parties that the proceeding is an abuse of the process of th......Rahman, learned Senior Advocate submits, inter alia, that the accused petitioner having 75% share in the company the remedy of the respondent No.2(complainant) lies in Company Court and as such the proceeding against the petitioner is an abuse of process of the court and that the learned Magistra..Category: Criminal Law | Date: | Hits: 29
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
.... saline water. The appellant then submitted a representation on 12-6-91 before the National board of Revenue for necessary orders for allowing him to clear the said consignments without payment of any customs duty. He also filed an application under section 196B of the Act before the Ministry of......or of customs was therefore swayed by the fact that the appellant himself is responsible for the delay in hearing the matter and that he is asking for a chemical examination at a belated stage only to avoid his liability. Further the order dated 23-5-91 passed by the Ministry of Financ......nment may on its own motion or on an application made by any person within one year of the passing of an order under this Act or the rules made thereunder, call for and examine the records of the proceedings relating to such order for the purpose of satisfying itself as to the legality or pr..Category: Fiscal/Taxation Law | Date: | Hits: 112
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....o to section 4(2) of the said Act provides that "no application in respect of an order, decision or action which can be set aside, varied or modified by a higher Administrative authority under any law for the time being in force relating to the terms and conditions of the service of the Rep......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......nce with the provision of these rules." He submits that unless any proceedings under the 1994 Rules were pending at the commencement of 1985 Rules (the 20th August, 1985) the proceedings cannot be continued and disposed of in accordance with the provisions of 1985 Rules. Th..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....t Appellate Division (Civil) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J National Tea Company Ltd..........................Appellant Vs. Deputy Commissioner, Habig......in favour of the company the entire property covered by Chundeecherra Tea Estate belongs to the company and actual possession was delivered to the company and they are enjoying the same and at that stage a notification was issued by respondent No. 2 for leasing out an alleged Balumohal whic......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 43
Golam Sarwar Hiru Vs. State and other, 2002, 31 CLC (AD)
....ready been started and witnesses were examined on behalf of the prosecution. Having considered this aspect, the High Court Division refused to quash the proceeding. For this reason, we do not find any legal infirmity for our interference with the impugned judgment of the High Court Division. ......rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ......irected against the judgment and order dated 4th July, 2001 passed by a Single Bench of the High Court Division in Criminal Miscellaneous Case No. 1493 of 1995 discharging the Rule arising out of the proceedings of the Criminal Case No.561 of 1993 under Section 420 of the Penal Code pending in the C..Category: Criminal Law | Date: | Hits: 92
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
.... upon 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.Ws.1, 4,10 and 11, because it was mentioned in the FIR that after inf......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......Ali who were sleeping with the deceased in the south bhiti hut of the house and thereupon inmates of the other huts of the house (P.Ws.1, 4, 10 and 11) came out of their huts with hurricane and while proceeding towards the hut of the deceased they saw 6 (six) accused (respondents herein) and accused..Category: Criminal Law | Date: | Hits: 44
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