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Md. Mainul Haque Bhuyan Vs. Md. Akkas Miah, 2009, 38 CLC (HCD)
....rder VII Rule 11 of the Code of Civil Procedure for rejection of such application is wholly misconceived. 11. Moreover, such summary proceeding demands expeditious disposal without entering into any complicated question of law and technicalities. Without disposing of the case finally, the learn...... Order. Let a copy of the judgment be sent to the Assistant Judge, Second Court and House Rent Controller, Dhaka at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 425. ......sence of either of the parties or suo moto on perusal of the record………………………………………(7) The proceeding under the House Rent Control Act, 1991 is a summary one. The application under the said A..Category: Tenancy Law | Date: 6 Oct, 2009 | Hits: 127
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
....eived the original version of the Court's order on 15.04.2009 he failed to respond to the Court's direction on the understanding that since he was not a party to the Rule, he was not required to send any explanation. He admitted that since he did not properly read the Court's order, he could not giv...... learned Magistrate that on 07.04.2009 there was a written application made by the Officer-in-Charge of the police station to allow the mother of the victim to stay with her in the safe home. At that stage it should have been abundantly clear to the learned Magistrate that the parents of the girl we......onvention and incorporate the Convention into domestic legislation, ensuring that the Convention can be invoked as a legal basis by individuals and judges at all levels of administrative and judicial proceedings. The Committee also recommends that the 1974 Children’s Act be revised to cover compre..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
.... as such, the judgments are
liable to be set aside. He further submitted that the Courts below had to
decide the title of the pre-emptor over his own land in as much as the preemptor
has not filed any documents of his title but he sought the preemption only
submitting S.A. Khatian which has got
......tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
......have allowed the pre-emption case and thus committed error of law. Mr. Mostafa Neaz
Mohammad then referring to the evidence of P.W.1 submitted that one Kalu has
not been impleaded in the preemption proceeding and as such, the pre-emption
proceeding suffers from defect of parties and in spite of s..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
....eeding involving civil matter A criminal proceeding can be quashed if the allegations made in the First Information Report and the charge sheet or the petition of complaint do not constitute any criminal offence. A criminal proceeding can be quashed even at initial stage when the fact is p......f the allegations made in the First Information Report and the charge sheet or the petition of complaint do not constitute any criminal offence. A criminal proceeding can be quashed even at initial stage when the fact is preposterous or if it appears from reading the First Information Report and ......rty Judgment August 12, 2009. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A Quashment of criminal proceeding involving civil matter A criminal proceeding can be quashed if the allegations ma..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....2-2007 i.e. long after the said notice was issued. Therefore, there was no Commission in between 7-2-2007 to 24-2-2007. 6. The appellant received the said notice in jail custody but did not have any access to his records and papers and did not have any opportunity of consultation with his incom......n 18-2-2007. So, according to the evidence given by P.W.11 there was no scope to show the interest of the FDRs as on 18-2-2007 as the FDRs were not matured and the interest was not deductible at that stage. Mr. Karim also submitted that the Investigating Officer Ms. Sharmin Ferdousi never made any i......he functions of the Secretary of the Commission. Mr. Karim submitted that since the notice under section 26 (1) was not issued by the Commission, the notice in question is non-est and all the further proceedings based on such illegal and void notice are also illegal and have no force of law. Mr. Kar..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
....No.1. That the opposite party No.1 requested the petitioner to execute the sale deed by June/July, 2000 in his favour after receiving the balance amount of Tk. 50,000/= but the petitioner did not pay any heed to the said request on various pretexts. That on 12.10.2000 the opposite party No.1 sent a ......on a non judicial stamp worth of Tk. 50/= and delivered possession of the rooms in favour of the opposite party No.1. The petitioner's husband could not return the said money and therefore at one stage receiving Tk. 3,00,000/= he executed a Bainanama on 6-6-1995 in respect of .041/2 decimals of ...... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
.... engineers had already been granted such promotion on their obtaining degree of BSc Engineering/AMIE. 3. The appellants by filing affidavit-in-opposition stated that writ petitioner did not take any permission from any authority for prosecuting higher studies. Further the appellants claimed tha......ota providing their age up to 40 years for the purposes of promotion. The previous arrangement was continuing to cater the real need specially due to dearth of qualified graduate Engineers at initial stage for which some Sub-Assistant Engineers having AMIE degree to be appointed to the post of Assis......9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)
.... engineers had already been granted such promotion on their obtaining degree of BSc Engineering/AMIE. 3. The appellants by filing affidavit-in-opposition stated that writ petitioner did not take any permission from any authority for prosecuting higher studies. Further the appellants claimed tha......ota providing their age up to 40 years for the purposes of promotion. The previous arrangement was continuing to cater the real need specially due to dearth of qualified graduate Engineers at initial stage for which some Sub-Assistant Engineers having AMIE degree to be appointed to the post of Assis......ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3
Sheikh Md. Nurul Haque Vs. State and anothÂer, 2009, 38 CLC (HCD)
....Rule. 5. No one appears on behalf of the accused petitioner, but the contention of the accused petitioner is that the allegations made in the FIR even if taken as it is, the same does not disclose any offence under section 138 of the Negotiable Instruments Act and there is nothing to show that th......ple of law is that to bring a case within the purview of section 561A for the purpose of quashing a proceedÂing one of following conditions must be fulÂfilled: 1. Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stand......which will be decided at the time of trial after takÂing evidence and thus non-disclosure of date of receipt of notice and consequently the failure to disclose the cause of action can not render the proceedings under secÂtion 561A of the Code of Criminal Procedure liable to be quashed…………â..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....ns and universities. On 1.8.2008, ‘The Daily Star’ brought out in its weekly magazine, a front page story regarding campus violence on sexual harassment. The article stated that in the absence of any formal structure of complaint hearing many Bangladesh students keep incidents of sexual harassme......ere the manager was also present. Both the supervisor and the manager tried to rape her. While the supervisor grabbed her from behind and gagged her, the manager tried to tear her clothes off. At one stage she started screaming and cried for help. When she tried to break free and screamed the manage......ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
....rrived, that is, the victim was being removed from the care and custody of his guardian. To find a person guilty under this section, the prosecution must prove that the perpetrator illegally traffics any child or sells any child and with a view to trafficking any child keeps any child under his cust......n attempt. . . The offence under section 6(1) would be complete when the victim is totally under control of the accused. Unless the victim be totally under the control of the perpetrator or till that stage comes, no one could gather for what purpose the victim was taken by the perpetrator. And total......ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
....quashed. Now let us see the provision of section 138 of the Negotiable Instruments Act which reads as follows: "138. Dishonour of cheque for insufficiency, etc. of funds in the account.- (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount......le of law is that to bring a case within the purview of section 561A for the purpose of quashing a proceeding one of the following conditions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stand......iddiqur Rahman Miah J. - This Rule on all application filed by Md. Shirajul Islam under section 561A of the Code of Criminal Procedure was issued upon the opposite parties to show cause as to why the proceeding in Metro Sessions Case No. 2705 of 2006 arising out of CR Case No.670 of 2006 under secti..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
....red to- Ahsan Habib Chowdhury Vs. Multidrive Ltd, 14 BLC 66; Ruby Leather Exports Vs. K Venu (1995), 82 Comp Case 776 (Mad) Vol. 86, 943; Stalion Shocks Co (P) Ltd Vs. Auto Tensions (P) Ltd, Company Cases, Vol. 79, (Delhi High Court) 808; Nazimuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) ......ple of law is that to bring a case within the purview of section 561A for the purpose of quashing a proceeding one of following conditions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stand......t Md. Ataur Rahman Khan J. - This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the proceedings of Sessions Case No. 1110 of 2006 arising out of CR Case No. 164 of 2006 (Kotwali Zone) ..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....uit is not maintainable in its present form, the story set forth in the plaint is utterly false and the plaintiff has no cause of action for this suit and the agreement for sale is forged and without any consideration and that originally suit property belonged to Nishi Kanta Bandapadhya, on his deat......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is disÂmissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......ot require that all facts alleged by the plaintiff shall be strictly proved, for burden of proof is often lightened by presumpÂtions, admissions and estoppels. Primary onus of proof lies, in a civil proceeding, upon the plaintiff. In this case the primary onus had been disÂcharged satisfactorily b..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
....ent and decree passed in Title Appeal No.218 of 2002 and for rehearing of the appeal as no notice or summons were ever served on them. The petitioners have further asserted that they did not get any opportunity to resist the claim of the appellants and that they came to know about the said Judg......ppellate Court to dispense with the service of notice of appeal upon the respondent runs as follows:- "(3) It shall be in the discretion of the appellate Court to make an order, at any stage of the appeal whether on its own motion, or ex parte, dispensing with service of such not......al whether on its own motion, or ex parte, dispensing with service of such notice on any respondent who did not appear, either at the hearing in the Court whose decree is complained of or at any proceeding subsequent to the decree of that Court or on the legal representative of any such respond..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
Aysha Begum Vs. State, 2009, 38 CLC (HCD)
....hu case, the victim is not an accused and thus the question of her release or custody was not a matter for determination under section 498 of the Code. Not being an accused charged with commission of any offence she had no scope to seek bail under the provision of sections 496, 497 and 498 of the Co......er to the Deputy Commissioner, Narayanganj and Superintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ......further endorsed the decision in the case Mostafa Kamal Vs. State, reported in 58 DLR 453 cited by the learned Advocate for the appellant which related to custody of a minor girl in connection with a proceeding under Ain, 2000. He has submitted that section 31 of the Ain, 2000 deals with the custody..Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23
Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 2009, 38 CLC (AD)
....ue to insufficient fund and then on 14.3.2007 the respondent No.1 served a legal notice upon the petitioner demanding payment and the petitioner received the said notice on 20.3.2007 but did not make any payment. Eventually the learned Metropolitan Additional Session Judge, by order dated 23.9.2007,......be stifled before the trial specially when there is a prima facie case for going for trial and further the trial of the case has already been concluded and the case is pending for argument so at this stage the application for quashing is not entertainable as in the case of Golam Sarwar Haru Vs. The ......r not is merely a disputed question of fact and the same should be decided at the trial and the plea of the petitioner is nothing but a defence plea and on the basis of such defence plea the criminal proceeding should not be stifled before the trial specially when there is a prima facie case for goi..Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150
Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)
....pplication purported to be under Order 21 Rule 89 on 10th April, 2006 after complying the formalities for setting aside the sale on the ground amongst others that it is an export oriented limited company and the company had five share holders, that the company had suffered huge loss due to stock lot......de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ......nvolved in this rule which is whether, an appeal is maintainable under Section 41 of the Artha Rin Ain, 2003 before the learned District Judge against an order of the Artha Rin Adalat in an execution proceeding by an aggrieved person who is neither the decree holder nor the judgment debtor, the valu..Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....nst the petitioner of corruption and other offences and purportedly obtained approval from the Supreme Court as to initiation of departmental proceeding against the petitioner without actually having any approval from neither the G.A. Committee nor from the full Court of the High Court Division...... meticulous examination of the whole matter upon full length hearing of this writ petition, this Court humbly differs with the view taken by their Lordship in the said writ petition. 52. At this stage the learned Assistant Attorney General in his humble way argues that this Court can not s......(Discipline and Appeal) Rules 1985 raising allegation against the petitioner of corruption and other offences and purportedly obtained approval from the Supreme Court as to initiation of departmental proceeding against the petitioner without actually having any approval from neither the G.A. Commit&..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
....raha…………… Petitioner
Vs.
Jahanara Islam Chowdhury and
others………...Opposite Parties
Judgment
December 18, 2008.
Result:
The Rule is made absolute without any order
as to cost.
Case Referred to
Prodip Kumar Chkraborty Vs. Jamila Khatun
Bibi, 5......pect of possession
until disposal of the aforesaid matter by the learned District Judge.
Send down the record at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 141.
......lication under section 5 of the Limitation Act, 1908 for condonation of the
delay.
5. In the said application, he stated that
he had no know ledge of the institution of the suit and subsequent proceedings
arising out of the said ex parte
decree until 22-4-08 when the police came to the temp..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
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