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Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
....cree according to the Case. The language used is affirmative and the Rule is further strengthened by non obstante clauses giving the clear impression that the intention is beneficial so that no legal right should be denied which the appellate Court considers should be allowed within the framework of......s Civil Revisional Jurisdiction on laying a petition under section 115 of the Code of Civil Procedure to quash the decision under challenge. 2. A brief resume of facts essential and requisite for disposal of Civil Revision petition may be noticed and stated. 3. First and second opposi...... granting of maintenance to First and Second plaintiffs. Learned Family Appellate Judge in recording modification took the view that learned Family Judge failed to take into account actual state of affairs, and thus, failed to assess amount of maintenance. Learned Family Appellate Judge found that g......onditions and limitations as may be prescribed, an Appellate Court shall have power to additional evidence or to require determine a Case finally, to remand a Case, to frame issues and refer them for trial and to take such evidence to be taken. 20. Sub-section (2) of section 107 of the Code s..Category: Family Law | Date: | Hits: 152
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
....eaded are permitted to err therein: Provided that the members of the public abstain from imputing improper motives to those taking part in the administration of justice, and as genuinely exercising a right of criticism not acting in malice or attesting to impair the administration of justice, they a....... Judgment Md. Mozammel Hoque J. - These three applications namely, Contempt Petition No.73 of 2000, Contempt Petition No.75 of 2000 and Contempt Petition No.79 of 2000 have been filed for drawing up a proceeding for contempt of Court against Sheikh Hasina, the Prime Minister of Bangl......Duda Vs. P Shiv Shanker AIR 1988 (SC) 1208, the Supreme Court of India declined to initiate a proceeding for contempt of Court against P Shiv Shanker, the then Minister for Law, Justice and Company Affairs. Mr. Shiv Shanker addressed on the occasion of Silver Jubilee Celebration of the Bar Council o......ing killings. Most offended statements are to the following effect. 48. She remarked that in a country where the killers get patronisation, the killers are defended, the killers are not put to trial, the killing would continue. The police apprehend the accused, High Court; lower Courts enlarg..Category: Criminal Law | Date: | Hits: 49
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
....ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ......nt Md. Hamidul Haque J.- By this Rule, opposite parties were called upon to show cause as to why the detenu Miss Momota Karmaker now detained in Satkhira District Jail should not be brought before this Court so that it may satisfy itself that the said detenu is not being held in custody with......ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ...... be there examined as a witness in any matter pending or to be inquired into in such Court; (d) that a prisoner detained as aforesaid be brought before a Court-martial or any Commissioners for trial or to be examined touching any matter pending before such Court martial or Commissioners respe..Category: Criminal Law | Date: | Hits: 33
Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)
....bmits that the plaintiff-appellant having filed the suit paying ad valorem Court-fee and pursued the original suit with utmost care and sincerity, the appellant-litigant should not be deprived of his right of hearing of his grievance on frivolous ground but should be given an opportunity to get the ......9; Salamat Bibi & others Vs. Settlement and Rehabilitation Commissioner, Multan, 21 DLR (SC) 353. Lawyers Involved: Md. Mahbub Ali, Advocateâ For the Appellant. Reba Kaniz for AK Ahmadul Hasan, Advocate â For Respondent Nos. 1-3. Appeal from Original Order No. 11......f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ...... âprovedâ is sufficiently indicative of taking evidence as to the existence of sufficient cause to pass an order under Order 41 rule 19 of the Code. It is evident from the impugned Order that the trial Court did not at all take any evidence on the Medical Certificate filed by the plaintiff-appel..Category: Property Law | Date: | Hits: 29
Syed Mustafizur Rahman Vs. State, 2001, 30 CLC (HCD)
....s placed before the sanctioning authority and thus there is no extraneous evidence that facts were placed before the sanctioning authority. Therefore the learned Advocate appearing for the appellants rightly submits that this sanction order is a mechanical one and it is no sanction in the eye of law......against the judgment and order dated 38-5-91 passed by the Senior Special Judge Jhalakati in Special Case No. 9 of 1989 convicting and sentencing the accused appellant to suffer rigorous imprisonment for 3(three) years and to pay a fine of Taka 20,000.00 in default to suffer rigorous imprisonment fo......arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ......ce, Nalchit misappropriated the entire materials himself. 3. The Anti-Corruption Department after investigation submitted charge sheet against the accused-appellant and the appellant was placed on trial before the learned Senior Special Judge, Jhalakati who after examining 14 PWs on behalf of the..Category: Criminal Law | Date: | Hits: 42
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....is not relieved of his obligation to make himself present at the hearing. The adjournment may or may not be granted. A party to a legal dispute cannot claim an adjournment of a hearing as a matter of right. He cannot expect to have his application for an adjournment granted as a matter of course. If......resent petitioner was not a party, either in the Title Suit or in the Miscellaneous Case. He was engaged in those as a lawyer, instructed by the plaintiff opposite party No. 8. The suit was dismissed for want of prosecution. Subsequently, upon an application filed by the plaintiff opposite party No.......vate and bring to life the dismissal order dated 1-8-90. The Title Suit No. 49 of 1986 will then stand dismissed. Possibly, the petitioner does not intend such a consequence to follow, nor will it be fair to allow it to follow. In such an event the plaintiff will be without a remedy to redress the w......on such admission, and, where part only of the claim has been admitted, shall dismiss the suit so far as it relates to the remainder.ââ 3. Order IX, rule 8 has imposed an obligation on the trial Court to dismiss a suit, if the plaintiff does not appear when it is taken up for hearing, unl..Category: Civil Law | Date: | Hits: 80
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....āĻļ āĻŦāĻ˛ā§.........(āĻ¤āĻžāĻšāĻžāĻĻā§āĻ°) āĻ¨āĻžāĻŽ āĻāĻā§āĻžāĻ°ā§āĻĄāĻā§āĻā§āĻ¤ āĻāĻ°āĻž āĻšāĻā§āĻžāĻā§āĨ¤â The effect of this note is that these accused have acquired only the right by their respective sale deeds to get the balance compensations, if any, and not the title to ......ant in Criminal Appeal No.1112 of 1993) and (17) Aftara Begum (appellant in Criminal Appeal No.1134 of 1993) along with two other accused absconding and another since acquitted were placed on trial before the Second Court of Additional Session Judge and Court of Special Judge, Dhaka in Special Case ......s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ...... (appellant in Criminal Appeal No.1112 of 1993) and (17) Aftara Begum (appellant in Criminal Appeal No.1134 of 1993) along with two other accused absconding and another since acquitted were placed on trial before the Second Court of Additional Session Judge and Court of Special Judge, Dhaka in Speci..Category: Property Law | Date: | Hits: 33
Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)
....spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ......sed by the learned Upazilla Magistrate, Charbhadrason in CR Case No. 20 of 1990, convicting the accused petitioner under sections 447/379 of the Penal Code and sentencing them thereunder to suffer RI for two months and six months respectively while acquitting the remaining accused persons. 2.......icient to meet the requirements of law. This sort of slip-shod judgment without discussing and considering even the material evidence on record frustrates the very object of the appeal. It is neither fair to the appellant nor to the superior Court, as a Court of revision is not in a position to judg......d took away from the Case land paddy grown by the complainant and thereby caused him a loss of Taka 10,000.00. 3. Upon the aforesaid allegations, the accused petitioners and others were put on trial before the learned Magistrate, Charbhadrason in CR Case No.20 of 1990 to answer charges under ..Category: Criminal Law | Date: | Hits: 60
Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)
.... the defendant No. 4 (Ka) as petitioner approached this Court in an application under section 115 of the Code of Civil Procedure and obtained the present Rule. 4. By the preliminary decree the rights and extent of shares of the parties are determined and final decree will be drawn up on the b......r 19, 1981 passed in Miscellaneous Case No. 96 of 1981 under the provision of rule 9 of Order 22 of the Code of Civil Procedure. 2. The decision proposed to be given in this Rule does not call for any detailed recounting of facts except that predecessor of the opposite party Nos. 1 and 2 as p...... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ......the defendants but without any success. The appeal was dismissed. The appellate decree was also challenged before the High Court Division in a Second Appeal and the preliminary decree recorded by the trial Court was maintained. Proceeding for drawing up a final decree commenced. For effecting final ..Category: Property Law | Date: | Hits: 28
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....rescheduling of the principal amount of loan, writing off of the interest and penal interest and penal insurance premium accrued thereon failing which either the second or third parties reserve their right to withdraw from this contract without any liability thereof and the money advanced by the sec......nd that the hatchers and incubators of the petitioner and the respondent No.3 will be taken over by the company and the company will pay the petitioner the actual cost of machines and spate parts as aforesaid and installation charge of Taka 3,00,000.00 by issue of stock debenture and in Case of defa...... the appointment of respondent No. 3 as Managing Director. Then the respondent No. 3 called a general meeting of the share holders at the companies firm at Savers to discuss the prevailing state of affairs of the company but the respondent No. 2 in excess of his authority cancelled the meeting only ......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ..Category: Business or Commercial Law | Date: | Hits: 198
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
.... contractor in order to improve the land for allotment in connection with Rupnagar site and services and Extension Project. The petitioner and other dwellers being unauthorised occupants had no legal right to hold over there. That they were earlier removed with police help but subsequently they came......g of the âNagar Daridra Beshayak Jatiya Parishad held on 9-4-90 under chairmanship of the then President of the country problems of slum dwellers in Dhaka City were discussed and decision was taken for developing facilities for sanitation, health care, water supply and medical treatment of slum dw......i Kuppusauni and others Vs. State of Maharashtra and others AIR 1986 Supreme Court 180;Sharifuddin Vs. A Ghani AIR 1980 (SC) 303; Forkan Ali Vs. Bangladesh represented by Secretary Ministry of Home Affairs and others; 20 BLD 415 & Dr Mohiuddin Farooque Vs. Bangladesh 49 DLR (AD) 1. Lawyer......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ..Category: Property Law | Date: | Hits: 60
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....cond and last point, urged upon by Mr Ahmed, the learned Advocate for the petitioner, that for failure to conclude the trial of the Case within 360 days from the date of receipt of the Case records a right has accrued in favour of the petitioner to be released on bail under the provision of section ......torney-GeneralâFor the State. Criminal Miscellaneous Case No. 7428 of 2000. Judgment Md. Abdul Aziz J. - The supplementary affidavit put in Court by the accused-petitioner do form part of the main application. The report bearing Memo No. 10560/Bha: Sha: dated 4-12-2000 submi...... which showed enlargement of heart, myocardial infarction and left ventricular failure have been detected and now his ejection fraction is only 28% against required minimum of 60%. In such state of affairs considering the severe illness of the accused-petitioner Mr Khondker Mahbubuddin Ahmed submits......ord. 2. This is an application under section 498 of the Code of Criminal Procedure (hereinafter referred to as the Code) at the instance of accused-petitioner Nurul Islam Monzoor who is facing trial under sections 120-B/448/449/302/109/34 of the Penal Code in Sessions Case No. 7/99 pending be..Category: Criminal Law | Date: | Hits: 26
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
....suit land to them and they are in possession. 9. On the pleadings, various issues including the issue whether the suit is hit by section 42 of Specific Relief Act and whether the plaintiff has any right, title and interest and possession in the suit land were framed. 10. The trial Court on con......tle Appeal No. 298 of 1993 affirming those dated 12-9-1993 passed by Assistant Judge at Bakhergonj in Title Suit No. 143 of 1984 dismissing the suit. 2. The plaintiff Tayeb Ali instituted the suit for declaration of his title in the suit land and also for a declaration that the VP Case initiated ...... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ......es including the issue whether the suit is hit by section 42 of Specific Relief Act and whether the plaintiff has any right, title and interest and possession in the suit land were framed. 10. The trial Court on consideration of the statements of PW1 Alfaz Ali Howlader, son of late Tayeb Ali Howl..Category: Property Law | Date: | Hits: 22
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....order for return of the plaintiff. On hearing both the sides, the learned Munsif by his order dated 22-08-92 found the order for return of the plaint based on total misconception of law regarding the right of the plaintiff to sue in a Civil Court and accordingly, allowed the application for review a...... plaintiff was dismissed from service under the service rules of the Bank. 3. On 17-11-85 the plaintiff instituted Other Class Suit No. 265 of 1985 in the Court of Senior Munsif at Kishoreganj for a decree for declaration that his dismissal from service was illegal, void and not binding upon ......the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ......r, he is non-suited, because his suit filed under the Civil Procedure Code is not maintainable, specific remedy of his grievance lies in a separate forum, the Labour Court, established under the Industrial Relations Ordinance, 1969, as amended up to date.â The principle followed- âWhe..Category: Administrative Law | Date: | Hits: 165
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....in Courtâs work while sitting at any stage of judicial proceedings. A certain degree of tolerance is always expected of a judicial officer. 14. In this regard, the learned Sessions Judge was right in taking a lenient view of the conduct of the offender. But his observation with regard to th......section 480 of the Code of Criminal Procedure, convicting the said accused under section 228 of the Penal Code and sentenced him to pay a fine of Taka 200.00, in default to suffer simple imprisonment for a period of seven days. Against the said order of conviction and sentence dated 5-7-1998, passed......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ...... other Court by which such offence is shown in the eighth column of the second schedule to be triable.â The said provision together with the schedule provides for the forum and the manner of trial of all offences under the Penal Code. In this connection it must be borne in mind that the Cod..Category: Criminal Law | Date: | Hits: 29
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
.... the defendant No.9 was possessing 0.8372 acre of land by virtue of agreement from the defendants. So, the trial Court dismissed the suit of the plaintiffs holding that the plaintiffs failed to prove right, title and possession in respect of 0.8372 acre of land of CS plot No. 371 and the defendants ......f 1999. Judgment Mozammel Hoque J.- This Rule was issued calling upon the opposite parties No. 1 to 40 to show cause as to why the order No. 12 dated 27-7-1999 rejecting an application for rejection of the plaint passed by the Subordinate Judge, 5th Court, Dhaka in Title Suit No. 42 o...... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ......e to âGaâ schedule land. It is further prayed that the land described in âKhaâ Schedule measuring about 94 ajutangsha was purchased by the defendant No. 1 from defendants No.2 to 6 before the trial Court the defendants filed an application under Order 7 rule 11 read with order 17 Rule 2 of t..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
....to be made by then Munsif, 3rd Court, Tangail in Miscellaneous Case No. 337 of 1973 under section 143A of the State Acquisition and Tenancy Act, 1950, shortly the Act, for correction of the record of right in respect of the Case land, that subsequently the petitioners filed the said forged order bef......iscellaneous Case No. 3493 of 1995. Judgment Surendra Kumar Sinha J.- This Rule arises upon an application filed by the accused petitioners under section 561A of the Code of Criminal Procedure for quashing the proceedings in Court Case No. 520(1) of 1995 pending in the Court of Magistrate 1st...... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ......30, 31 and 39 of the Tenancy Rules 1954 held that a Revenue Officer having additional powers of Settlement Officer while hearing objection Case shall have all powers exercisable by a Civil Court in a trial of suits under Civil Procedure Code and decides ownership or possession of land or of any inte..Category: Criminal Law | Date: | Hits: 59
State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)
....im met her death but the minimum that the prosecution must prove is that the husband was present in the house at the time of occurrence. Since that minimum has not been proved the High Court Division rightly acquitted the accused. 15. It further appears that the accused explained the cause of ......instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Sheikh Atiar Rahman, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Criminal Petition for Leave to Appeal No.145 of 2008. (From the judgment and order dated 15.01.2008 passed by th......ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ......sheet against the accused under Section 11(ka)/30 of the Ain, 2000 as a prima facie case was made out against the accused. The case ultimately came to the court of Druta Bichar Tribunal, Rajshahi for trial. 5. During trial, the Bicharok framed charge against the accused under Sections 11 (ka..Category: Criminal Law | Date: | Hits: 43
Md. Abdur Rahim Vs. Md. Amirul Islam & others, 2007, 36 CLC (AD)
.... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ......Respondent No.1. Not represented-Respondent Nos. 2-9. Civil Review Petition No.119 of 2007. (From the judgment and order dated 17.05.2007 passed by the Appellate Division in Civil Petition for Leave to Appeal No.812 of 2004.) Judgment MM Ruhul Amin J.- By this petition the petition...... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ......n the miscellaneous application and contended that the pre-emptor did not deposit the total consideration money and the pre-emptee made improvement of the case land by investing huge money. 4. The trial court dismissed the case. Being aggrieved the pre-emptor filed Miscellaneous Appeal before the..Category: Property Law | Date: | Hits: 20
Md. Ismail alias Haji Md. Ismail Vs. State and another, 2010, 39 CLC (AD)
....therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ......-on-Record-For the Petitioner A.B.M. Hasan, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.2. Not represented-Respondent No. 1. Criminal Petition for Leave to Appeal No. 291 of 2009. (From the judgment and order dated 19.07.2009 passed by ......therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ......ection 138 of the Negotiable Instruments Act against the accused petitioner. 4. On 8th October, 2006 the case record was transmitted to the Court of Metropolitan Sessions Judge, Chittagong for trial which was registered as Sessions Case No.1062 of 2006. The learned Sessions Judge took cogniza..Category: Criminal Law | Date: | Hits: 34
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