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Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)

....e payments to each other, received payments from each other in cash, by cheque and by sale of materials and equipment and services of each other’s employees. In 1980 the informant’s company was awarded contract of the value of US$ 3,60,982.00 for Air Conditioning of the BTV Auditorium...... Air Conditioning work at the BTV Auditorium was essentially a civil dispute not warranting cognizance by criminal Court. The learned Judges noticed the facts of the case as stated above and at one stage directed the learned Advocate for the respondents to file a supplementary affidavit to show w......rmant-petitioner is from judgment and order dated 2nd May, 1995 passed by a Division Bench of the High Court Division making the Rule absolute in Criminal Revision No. 965 of 1991 and quashing the proceeding in GR Case No. 678 of 1984 of the Court of Metropolitan Magistrate, Dhaka. ..

Category: Criminal Law | Date: | Hits: 93

Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)

....ts that since the landlord accepted the rent beyond the 7th day it could not be said that there was default made by the petitioner. Mr. Karim has riot, however, been able to support his submission by any authority. He does not dispute that payment of rent by the tenant beyond It stipulated date woul......ution of the suit, etc. The present suit was not an SCC suit but regular Title Suit and there is no reason why mesne profits cannot be allowed. As for the amount we cannot permit any argument at this stage because the question was never raised either in appeal or in revision. The petition is,......t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ..

Category: Tenancy Law | Date: | Hits: 70

Abdur Rahman (Md) Vs. Md. Iqbal Ahmed and others, 1997, 26 CLC (AD)

....e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ......e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ......ion of kabala as the attorney of defendant Nos. 1-7. The decree having been passed against him only as attorney for defendant Nos. 1-7 who were themselves parties both to the suit and the execution proceeding nothing devolved on his heirs after his Therefore the execution case cannot fail for im..

Category: Property Law | Date: | Hits: 84

Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)

....the High Court Division under section 66(1) of the Income Tax Act, 1922, hereinafter referred to as the said Act. 2. The short facts for disposal of these appeals tie that, the appellant company, incorporated under the Companies Act, 1913, owns a factory for manufacturing soyabean oil and......othing to do with the procedural law laid down in the said Act and therefore it had no retrospective effect. The Deputy Commissioner of Taxes did not have the Circular for his consideration at the stage of assessment and at the appellate stage there was no scope for admitting fresh materials in ......vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ..

Category: Fiscal/Taxation Law | Date: | Hits: 120

Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)

....trial Judge found that 37 accused persons were absconding and the Court issued warrant of arrest, proclamation and attachment of the absentee accused persons but none of them appeared in court nor any one of them could be apprehended. Thus, the learned Tribunal Judge found that the filing of the......ode read with section 4 of the Anti- Terrorism Tribunal Act, 1992. After submission the charge-sheet the case was pending before the Sessions Judge and Anti-Terrorism Tribunal, Comilla and at that stage an application under section 494 of the Code of Criminal Procedure was filed by the Public Pr......ation for withdrawal of the case? 4. Mr. AKM Faiz, learned Advocate, submits that the accused petitioners have acquired a vested right and the impugned order having been passed in a judicial proceeding they have locus standi to challenge the order and, as such, the finding of the learned ..

Category: Criminal Law | Date: | Hits: 63

Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)

....efendants to remove the scrap ship Banglar Kheya from the yard of the plaintiff as well as permanent injunction restraining the defendants from breaking the scrap ship Banglar Kheya and/or beaching any other ship in the plaintiffs yard. 3. After denying all the allegations of the plaintif......owhere been stated in the application that these documents were filed in the trial Court but not marked as exhibits mistakenly. However, even if these documents are taken into consideration at this stage, which has also not been prayed for, we do not think that it establishes a pattern of profit-......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 213

Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)

....l Procedure clearly speak of production of a document in a proceeding before a court. Section 195(2) speaks of civil, revenue or criminal court and section 476 of the Code speaks of an inquiry into any offence referred to section 195, sub-section (1) clauses (b) and (c) when the offence appears t......-sheets of CR Case No. 116 of 1983 produced before us it is found that the Upazila Magistrate by his order dated 27-9-83 sent the matter for enquiry by Thana Rural Development Officer and at that stage the allegedly fraudulent document was produced before the enquiry. So strictly speaking there......owing leave is directed against the judgment and order dated 29-8-95 passed by a Division Bench of the High Court Division in Criminal Revision No. 290 of 1991 discharging the Rule of quashing the proceedings in OR Case No. 835 of 1984 arising out of Kotwali PS Case No. 11 (5) 84 pending in the ..

Category: Criminal Law | Date: | Hits: 72

Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)

....th section 5(2) of Act II of 1947. 4. In the High Court Division the petitioners sought for quashment of the aforesaid proceeding on the grounds that the prosecution allegations did not constitute any criminal offence and that a civil suit having been pending against the petitioners on the self s......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ......e judgment and order dated 20 November 1995 passed by a Division Bench of the High Court Division discharging the Rule in Criminal Revision No. 246 of 1989, and thereby refusing to quash the criminal proceeding pending before the Chief Metropolitan Magistrate, Dhaka against them under sections 420/1..

Category: Anti-Corruption Laws | Date: | Hits: 75

Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....ion but modified the sentence of imprisonment to a payment of fine of Taka 200.00 only. This fact having come to the knowledge of the authority the petitioner was dismissed from his service without any show cause notice. Subsequently, his departmental appeal was also rejected. The petitioner the......llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......ied in the Public Servants (Dismissal on Conviction) Ordinance, 1985 the authority can impose any penalty if the authority decides to punish him under this Rule without drawing up any departmental proceeding or giving an opportunity to the Government Servant to show cause against the proposed pe..

Category: Administrative Law | Date: | Hits: 120

State Vs. Jobaida Rashid, 1997, 26 CLC (AD)

.... Sessions Case No. 319 of 1997 in the Court of the Sessions Judge, Dhaka. 2. The respondent is the wife of the absconding accused Lt. Cot. Khondker Abdur Rashid. who along with the respondent and many others is facing trial in the aforesaid Sessions Case which arose out of Dhanmondi PS Case No. 1......��়ে দিয়ে বলে সার আমরা যা করেছি তার আসল প্লানিং আমার স্ত্রীর" It will be sufficient to observe at this stage that that there is nothing on record except that alleged statement of a co-accused that the re......ve in nature which the respondent has had occasion to know from her husband Lt. Col. (Retd.) Abdur Rashid who is alleged to be a principal offender. Mr. Huq argued that her knowledge about the entire proceedings suggested of her complicity in the proceedings. Mr. Huq then referred to that specific s..

Category: Criminal Law | Date: | Hits: 115

AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)

....ed the Rule upon an erroneous impression that there was no merit in the Rule notwithstanding the fact that the petitioners are neither named in the first information report as accused, nor there is any allegation against them for the commission of the alleged offence and no police report has yet ...... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ...... by his order dated 26-2-92 rejected that motion upholding the order of the Magistrate. Thereafter the petitioners moved the High Court Division under section 561A Cr. P. C. for quashing the proceeding of the aforesaid OR Case, and obtained Rule, Criminal Revision No. 382 of 1992. A Divis..

Category: Criminal Law | Date: | Hits: 87

Nurul Hussain Vs. Government of the Republic of Bangladesh, 1997, 26 CLC (AD)

....ew of the order dismissing his leave petition. 3. Mr. Md. Nurul Huq, learned Advocate for the petitioner, argued that the petitioner was found guilty of the alleged misconduct without any evidence whatsoever, that the act alleged against the petitioner was not in violation of either......mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ...... filed by the petitioner. 2. The petitioner was a District Co-operative Officer who was dismissed from service by order dated 16-11-1990 on the charge of misconduct following a departmental proceeding. Facts of the case have been set out in the order which is the subject matter of the pre..

Category: Administrative Law | Date: | Hits: 112

Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)

....of Civil Procedure, the lower appellate Court on consideration of the evidence on record dismissed the suit holding that the suit was bad for want of cause of action, as the plaintiffs did not make any allegation in the plaint that the defendants disputed their title to the suit land, The learned......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......n their name and they have been possessing the same on payment of rent; that having come to know on 28-4-85 the conspiracy of the defendants to dispossess them from the suit land they instituted a proceeding under section 144 of the Code of Criminal Procedure and Ultimately the Upazila Magistrat..

Category: Property Law | Date: | Hits: 79

Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)

....’s loans from the borrowers in articles 26 and 27, Article 26(1) provides that when a borrower or his surety makes default in repayment etc., the Corporation notwithstanding the provisions of any other law may, without the intervention of any Court, sell any property pledged, mortgaged, etc......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......1) of section 5 has impliedly repealed article 27 of President’s Order No. 7 of 1973 According to him, after the promulgation of the Act and substitution of section 9 thereof by amendment, no proceeding in Court which was heretofore permissible for realisation of loan under article 27 of P..

Category: Business or Commercial Law | Date: | Hits: 117

Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)

....eged to have been received by the appellant from the complainant as loan upon execution of a hand note became the money of the appellant as soon as it was delivered to him and as such there cannot be any question of entrustment with the said money so far as the appellant is concerned and the use of ......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......Section 439 of the Code of Criminal procedure, the High Court Division may also suo motu call for the record of the courts subordinate to it and set aside any order passed by such courts in any legal proceeding which has caused miscarriage of justice. 9. It is clear from the judgments of th..

Category: Criminal Law | Date: | Hits: 78

Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)

....ft the country. Defendant No. 2 thereafter leased out the premises to the plaintiff in June, 1967 at a monthly rental of Taka 50.00. The plaintiff paid rent upto the middle of 1975 but did not pay any further rent thereafter. Defendant No. 2 was therefore constrained to submit a petition to......le 1 of the code of Civil Procedure casts a definite responsibility upon the trial Court to frame issue upon the material assertions by one party and denied by the other and this can be done at any stage of a suit if found necessary provided that the parties are afforded a chance to contest the i......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ..

Category: Property Law | Date: | Hits: 72

Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)

....y leave is whether a family court has power under sub-section (5) of section 16 of the Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985, briefly, the Ordinance, to direct payment of any money to be paid under a decree passed by it during execution proceeding. The High Court Divisi......rties discharged the Rule holding that in enforcing a decree for money the Court may on the prayer of the judgment-debtor direct payment of the decretal amount in suitable instalments, that such a stage comes after the delivery of judgment as provided in section 15 and that the impugned order of......of section 16 of the Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985, briefly, the Ordinance, to direct payment of any money to be paid under a decree passed by it during execution proceeding. The High Court Division has answered the question in the affirmative and it will be see..

Category: Family Law | Date: | Hits: 144

Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)

....S then the respondent would get back the land and that in case of failure of the respondent to repay the consideration money within the stipulated period he would have no right to claim the land or anything from the appellant. It is the of the appellant that respondent No. 4 could not upto the sa......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......petition the cause of action of the appellant for the writ petition had also abated. This assumption, we must say, is not well-founded in law or principle. With the promulgation of Martial Law all proceedings arising out of and in connection with writ petitions under Article 102 of the suspended..

Category: Property Law | Date: | Hits: 88

Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)

....f the suit. On 14-6-95 the plaintiff filed another application praying for temporary injunction against defendant No. 2 for restraining him from altering the membership list and from making any new member of the Organisation and the trial Court passed an order maintaining status quo in th...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ...... inter alia, that they are the member of the aforesaid Chamber of Commerce and Industry and their names have been included in the voter list and, as such, they are necessary parties in the instant proceeding. They have also filed an application for vacating order of stay granted by this Division..

Category: Procedural Law | Date: | Hits: 122

Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)

....nation paper on 7-12-91 suppressing the fact of his disqualification as aforesaid and contested the election held on 6-2-1992 and that he is still in service of the said school as a teacher without any cessation or break and, as such, he has got no lawful authority in holding the office of Chair......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......travenes any of the conditions of service as stated in sub-section (I) shall be liable to disciplinary action including removal from his post by an order of authority which appointed such person on proceeding initiated against him. (3) ………………&helli..

Category: Others | Date: | Hits: 85

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