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Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....that if materials on record are sufficient for the disposal of the suit in that case the superior court should dispose of the same. But there may be cases, as the instant one, even though there is no prayer from the parties in the proceedings for sending the suit back to the trial court or to the lo...... Procedure (V of 1908), Section 107(b) It is now the settled principle of law that order of remand should not be made lightly by the superior court and that if materials on record are sufficient for the disposal of the suit in that case the superior court should dispose of the same. But there m......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
....l Court under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the written statement by inserting two paragraphs therein and upon hearing the parties the trial Court allowed the said prayer by order dated 27.5.1999. The appellant in Civil Appeal No. 439 of 2001 moved the High Cour......azlul Karim J.- These appeals by leave are directed against the impugned judgment and order passed by the High Court Division in Civil Revision No. 1967 of 1999. 2. The facts relevant for disposal of these appeals are that appellant in Civil Appeal No. 438 of 2001 as the plaintiff in...... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ...... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
.... 2938 of 2002 under sections 180(b)/302/380/ 201/212/114/411/134 of the Penal Code in the Court of Metropolitan Session Judge, Dhaka for bail. The said Session Judge, Dhaka after hearing rejected the prayer for bail by Order No. 4 dated 5‑10‑2002. 4. The accused respondents ......atements of witnesses made under section 161 of the Code or judicial confession made under section 164 of the Code, when there is strong circumstantial evidence, cannot be taken into consideration for granting bail to an accused of a murder case………..(14) Lawyers ......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
....t April 22, 2003. The Muslim Family Laws Ordinance, 1961 (V111 of 1961) Section 6(5) Offence under section 6(5) is not compoundable. However the appeal may be dismissed on prayer of the appellant by reducing the sentence to the extent of period of imprisonment already s......the Muslim Family Laws Ordinance, 1961 (the Ordinance) and sentencing him to suffer one year rigorous imprisonment. The respondent No. 1 filed petition of complaint on August 12, 1986 before the Court of Magistrate, Nabinagar Upazila, Brahmanbaria, stating that the appellant drove her......cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ......cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....17th September, 1998, granted an order of ad‑interim injunction directing the parties to maintain status quo until further order. The said banking company filed written objection to the said prayer but the learned Assistant Judge after hearing the parties, by his order dated 19th October, ......hangir Alam Khan and others ………….Respondents Judgment April 22, 2003. The Companies Act, 1994 (XVIII 1994), Section 85(2) (3) If for any reason it is impracticable to call, hold and conduct a meeting on the happening of any circ......comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......ct as the convict-respondent admitted the loan, issuance of cheques by him and those cheques being dishonoured. The Code of Criminal Procedure, 1898 (V of 1898) Section 561A There is no bar for the complaint case to proceed side by side with winding up proceeding about the same subject mat......f a petition for leave to appeal preferred by the appellant against the judgment and order dated 18‑2‑2002 passed by a Single Bench of the High Court Division in Criminal Revision No. 664 of 2001 remanding the complaint case No. 882 of 2001 to the trial Court i.e. Metropolitan Magistrate, Dhaka,...... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....y injunction as prayed for should not be granted and also passed an order of ad interim injunction to the above effect. 5. Written objection was filed by defendant Nos.1, 2, 8 and 9 opposing the prayer for temporary injunction stating, inter alia, that the suit itself is not maintainable in its......ourt may seem fit and proper. 2. Opposite Party No.1 as plaintiff filed Title Suite No.3 of 2003 in the Court of Assistant Judge, Kalia, Narail against the petitioner and opposite parties No.2-7 for the following relieves: “(ক) আরজী বর্ণিত মত বাদীর......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....pert evidence. The valuation has to be fair. The appropriate approach may be to take the most recent date for which reliable figures are available. 18. The Company Bench considered the prayer of the petitioners in the company matters for an order that their shares be purchased by th...... section 233 The object of remedy under this section is to negate the impact of the prejudicial or other relevant misconduct on the part of the majority share holders. It may take any form that is thought to be suitable either by the applicant or by the court. Direction of the compa......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....petition for succession certificate was filed earlier as Miscellaneous Case No. 203 of 1981 but the same was withdrawn with permission to sue afresh. A fresh petition was thereafter filed with the prayer to grant succession certificate. 4. One Haji Tasiruddin Shah was added as oppos......ion 372 The Transfer of Property Act, 1882 (IV of 1882), Sections 3 & 130 Debt: Ornaments lying in custody of the bank are a debt due to the owner of the same for the purpose of granting succession certificate by the District Delegate or District Judge unde......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Commissioner of Customs, Customs House, Dhaka & ors Vs. Cieng Tong Chong, 2006, 35 CLC (AD)
....ty at the time of entry of the petitioner into Bangladesh through the Zia International Airport. The demand for return of the goods was made by the writ-petitioner while he was leaving Bangladesh but prayer for return of the goods was refused. 3. Facts, in short, are that writ-petitioner......llip;…. Petitioners Vs. Cieng Tong Chong…………..Respondent Judgment 5th March 2003 Lawyers Involved: Md. Ataur Rahman Khan, Advocate-on-Rccord- for the Petitioners. Mahbudul Islam, Senior Advocate, instructed by A.S.M. Khalequzzaman, Adv......mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division. Accordingly the petition is dismissed. Ed. ......mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division. Accordingly the petition is dismissed. Ed. ..Category: Others | Date: 5 Mar, 2003 | Hits: 114
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ......p; (i) The function of a revenue officer in mutation case is not judicial functions to make it a court and hence bar under section 195 is not attracted. Therefore, in the instant case, a complaint in writing of a relevant court is not necessary and there is......nue officer did not make the complaint. Therefore, the High Court Division failed to consider the implications of section 195(1) of the Code of Criminal Procedure and erred in allowing the appeal and remanding it to the trial Court. 10. This leads us to the pivotal q......urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
....ealisation of the amount due from the pawnor and that to sell or not to sell the pledged goods is the option of pawnee and, as such, neither the pawnor is competent to come before the. Court with the prayer to direct the pawnee to sell he hypothecated goods and that to make his prayer to the court t...... make an order in a suit filed by the pawnee directing him to sell the pawned goods and ……upon adjustment of the sale proceeds, if any amount remains due then to proceed with the suit for the balance amount………………(12) ...... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ...... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
.... Ahmed pre-emptee on August 24, 1981. This sale has been sought to be pre‑empted by Abdul Gafur's sons claiming to be co‑sharers of the, land. 3. The prayer for pre‑emption was opposed contending, inter alia, that in the light of the decree in ......bsp; State Acquisition and Tenancy Act, 1951 (XXVIII of 1951) Section 117(i) (c) With preparation of separate khatian consequent upon partition of the non-agricultural land in a suit for partition final decree having been concluded upon such judgment and transfer taking place after......emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ......emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....ody for an indefinite period as under section 339C(4) of the Code of Criminal the appellant is entitled to be released on bail and that the High Court Division failed to consider while refusing the prayer for bail that the appellant has been suffering from enlarged prostate gland and proble......l of the case and the provision of section 339C (4) of the Code of Criminal Procedure, the fact that the appellant has been suffering from enlarged prostrate gland and problems in his urinary tract for long attract the proviso to section 497 of the said Code to enlarge him on bail pending trial ......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....er father." 11. Mr. TH Khan, the learned Counsel appearing for the appellants, submits that the instant suit for partition simpliciter is not maintainable without a prayer for declaration that the Exhibit Ga is not a genuine document. We notice that both the courts...... turned out from the town residence of his father; Thereafter, Hari Mohan died on 25‑2 1982. 5. Getting a letter dated 17‑2‑1982, the plaintiff for the first time came to learn that his father was alive and from further communications with his ......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
....ary injunction for his continuance as a distributor till date. 7. Mr. Rafique‑ul‑Huq, the learned Counsel appearing for respondent No. 3, referring to the prayer in the plaint for a decree against defendant restraining defendant Nos. 1 and 2 from dealing ......nt November 23, 2002. Execution of decree outside Bangladesh Any decree of any Court in Bangladesh is enforceable in foreign country either as a foreign decree or by instituting a suit on the basis of s...... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ...... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
..... Therefore, it is a necessary and proper party to be added. The application was opposed by the plaintiff‑respondent Union Bank Ltd and the learned Subordinate Judge rejected the petitioner's prayer to be added as a party on the ground that if it was made a party it would create unnecessar...... Hosein, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑Respondent No. 2. Civil Petition for Leave to Appeal No. 694 of 2002. (From the judgement and order dated 4‑3......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
....he plaint of the second suit stating that on the same pleadings, the cause of action, the suit land, and the parties being same the second suit is barred. The learned trial Court while rejecting suit prayer of the defendant held that the second suit is not barred by any law, against which the defend......sistant Judge, 6th Court, Dhaka in Title Suit No.137 of 2001 should not be set aside and such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of the Rule are that, opposite party No.1 as plaintiff filed Title Suit No.137 of 2001 ...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....1988 of the 3rd Court of Subordinate Judge, Dhaka which arose out of an award between the company and the Power Development Board. On the objection of Tofayel Ahmed, the then Managing Director, their prayer was, however, refused as the question whether the respondents continued to be shareholders of......he respondents reposed trust in Tofayel Ahmed, but he always kept them in dark about the affairs of the company. On 16‑11‑1986 Tofayel Ahmed obtained signatures of the respondents upon some blank forms, stamps and papers and also received their original share certificates representing that loan ......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....s not conferred the power to review its own judgment or order upon the Tribunals and consequently the Appellate tribunal was perfectly justified and acted within its legal limits when it rejected the prayer for vacating the final order passed on 2‑11‑2000 dismissing the appeal for non&sh......Section 151 (i) Even if there may be an alternative remedy by way of an appeal to this Court, it would not bar the exercise of inherent power under section 151 of the Code of Civil Procedure for ends of justice……(11) (ii) Any order passed on fraudulent misrepresentatio......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
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