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Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)
....ording to him, legal notice was not served within 15 days from the date of dishonoring the cheque issued by the accused petitioner. So, he has argued that taking of cognizance was in violation of the provisions of section 138 of the above Act. 3. Mr. Ziaul Karim, who appeared on behalf of the com......99 passed by the learned Magistrate taking cognizance under section 138 of the Negotiable Instruments Act, is set aside. The learned Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also R..Category: Criminal Law | Date: | Hits: 28
....ission on the point of a legal position is not binding upon any person and withdrawal of such an admission is not likely to prejudice anybody."
25. After reading the above authorities, we read the provisions of Order VI rule 17 of Code. The rule 17 empowers the Court at any stage of the proceedin......being of the view that proposed amendment was contrary to the nature and character of the main suit.
5. Mr. Niaz Mahmud, learned Advocate for the plaintiff, submitted that the Court below erred in law in refusing the prayer for amendment on wrong assumption that the proposed amendment will result..
Category: Procedural Law | Date: | Hits: 60
Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
.... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502.......her PWs as to inflicting of injuries by the accused, as discussed above. The above finding of guilt of the appellants by the learned Sessions Judge is thus erroneous and wrong and not maintainable in law. The impugned judgment is thus liable to be set aside. We find merit in the appeal which must su..Category: Criminal Law | Date: | Hits: 30
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
....ity and propriety of the impugned judgment and order. 7 Mr. Md. Fazlul Karim, the learned Advocate appearing on behalf of the petitioner, submits that the Courts below have overlooked the specific provision of section 96(3)(a) of the State Acquisition and Tenancy Act wherein the consideration of ......la in question and if the consideration written in the kabala is deposited along with the statutory compensation such deposit cannot be considered to the insufficient or inadequate in accordance with law. So, the submission of the learned Advocate for the petitioner is acceptable on this point. 1..Category: Procedural Law | Date: | Hits: 75
Syed Ahmed Chowdhury Vs. Abdur Rashid Mridha, 2002, 31 CLC (HCD)
.... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ...... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ..Category: Criminal Law | Date: | Hits: 29
Auto Equipment Ltd. Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)
.... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496.......ribunal and by the impugned order the Taxes Appellate Tribunal maintained the order of the Commissioner of Taxes (Appeals). 3. The applicant in the above facts formulated the following question of law: “a) Whether in the facts and circumstances of the case, the learned Taxes Appellate Tribun..Category: Fiscal/Taxation Law | Date: | Hits: 69
....The relevant portion of the judgment of the said case is as follows:
“Section 96 of the Civil Procedure Code deals with appeals from decrees and section 104 deals with appeals from orders. These provisions do not in terms say who is entitled to prefer an appeal. The Code, however, lays down tha......2 of the Constitution is for speedy relief and is for the vigilant and not for the indolent ones like the petitioners and is to be sought immediately after the grievance is caused, it is well settled law that laches and delay disentitle one to such remedy.”
13. On the point of delay reliance ma..
Category: Civil Law | Date: | Hits: 76
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
....26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......ribunal, Dhaka for holding trial who then framed charge against the appellant under section 4(2) of Act 26 of 1957 to which the appellant pleaded not guilty and claimed to be tried in accordance with law. 3. During trial prosecution examined in all 6 witnesses in order to prove the charge and non..Category: Criminal Law | Date: | Hits: 83
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....xercise of power under section 152 of the Code by the Court. Section 151 preserves the inherent power of the Court to make such order as may be necessary for the ends of justice. It may be noted that provisions of the Code are generally meant to have the ends of justice but in their very nature they......he application submitting that if the decree holder Mahbubur Rahman felt aggrieved by the order dated 22-10-2001 he could have preferred an appeal or prayed for review of the order in accordance with law. Without taking any such step, the application made under section 151 of the Code is not maintai..Category: Civil Law | Date: | Hits: 125
Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)
....he authority to dismiss a person holding the post of Havilder is the Deputy Director General of Bangladesh Rifles and that his appeal there-against has been rejected without considering the aforesaid provision of law. 3. The rule issued therein was contested by the writ-respondent No.1, Banglades......to dismiss a person holding the post of Havilder is the Deputy Director General of Bangladesh Rifles and that his appeal there-against has been rejected without considering the aforesaid provision of law. 3. The rule issued therein was contested by the writ-respondent No.1, Bangladesh represented..Category: Employment/Service Law | Date: | Hits: 80
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......ng the process of the registration of the deed of permanent lease of 1.68 acres of khas land in favour of the writ petitioner shall not be declared to have been passed malafide, illegally and without lawful authority. The Rule in Writ Petition No. 2801 of 2004 was issued calling upon the respondents..Category: Property Law | Date: | Hits: 28
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......intiff is liable to be dismissed. 4. Mr. Asad Hossain Chowdhury, learned Advocate, appearing for the petitioner submitted that the impugned judgment and order of the High Court Division are bad in law and fact for its total non-consideration and misreading of evidence and misinterpretation of l..Category: Property Law | Date: | Hits: 42
Altab Ali Vs. Rupjan Bibi and others, 2010, 39 CLC (AD)
.... preparation of paper books is dispensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651....... denied plaintiffs claim of title as alleged in the plaint. 4. Mr. A.Q.M. Safiullah, learned Advocate, appearing for the petitioners submitted that the High Court Division has fallen into error of law in making the Rule absolute in Civil Revision Case setting aside the judgment and decree of th..Category: Property Law | Date: | Hits: 30
Commissioner of Tax Vs. Chowdhury Apparels (Pvt.) Ltd., 2001, 30 CLC (HCD)
....question No.1 has been answered in the affirmative, we find it redundant to answer question No.2 which is more or less similar question No.1. Ed. This Case is also Reported in: 54 DLR (2002) 483.......passed by the Commissioner of Taxes (Appeal). Being aggrieved by the order of the Taxes Appellate Tribunal, the Revenue has preferred this reference application formulating the following questions of law: i) Whether in the facts and on the circumstances of the case, the Taxes Appellate Tribunal w..Category: Fiscal/Taxation Law | Date: | Hits: 86
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
....der or decision of a Family Court to the Court of District Judge and under sub-section (7) such District Judge may transfer the appeal to a Subordinate Judge for hearing and disposal. In view of such provisions, the Subordinate Judge must be deemed to be a superior Court to a Family Court having app...... 151 of the Code to grant a restraining order of injunction or stay in respect of further proceedings of a suit pending before the Family Court. So, he submits, the learned Subordinate Judge erred in law in refusing to grant an order of injunction or stay. In support he cites the Single Bench decisi..Category: Family Law | Date: | Hits: 185
Sherajul Huq Mullick Vs. Bangladesh, 1988, 17 CLC (HCD)
....in free and fair manner for the election of Chairman of Chitalmari Union Parishad at Choddya Hazari Prathamik Biddyalaya Polling Centre only. Ed. This Case is also Reported in: 41 DLR (1989) 100.......70. In other words there is no power of review. Therefore the subsequent decision of the Election Commission, if any, to accept the alleged result declared by the Presiding Officer, has no basis in law and must be struck down. 11. For all the reasons given above we hold that the petitioner has ..Category: Election Law | Date: | Hits: 81
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......evision Case No. 71 of 1987 has been heard together with Civil Revision Case No. 73 of 1987 and these two cases are being disposed of by this judgment and order, as substantially similar questions of law and facts are involved therein. Civil Revision Case No. 71 of 1987 has been preferred by petitio..Category: Employment/Service Law | Date: | Hits: 76
Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)
....r. Rule 19 also speaks that the Court may make such further inquiry in the matter and shall cither declare that the summons has been duly served or order such service as it thinks fit. In view of the provisions of R. 19 of Order 5 C.P.C. it can easily be held that where the summons is returned under......of the land under pre-emption through court. 3. Mr. Abdul Momen Chowdhury in support of this Rule vehemently urges before me that there was no service of summons on the petitioner in the eye of law and the learned Court below was wrong in dismissing the Misc. Case No. 81 of 1983. He further ..Category: Property Law | Date: | Hits: 29
Angur Vs. State, 1988, 17 CLC (HCD)
....s that the learned Assistant Sessions Judge is competent to proceed with the trial of such cases and if there is any error, omission, irregularity in the trial the same is curable under the aforesaid provision of the Code, He also submits that in view of the provision of sub-section (3) of section 3......convict Angur preferred this appeal. 13. Mr. Shawkat Ali Khan, the learned Advocate appearing on behalf of the appellant submits that the prosecution and conviction of the appellant are bad in law as they are in violation of the provision of sub-sections (1) and (3) of section 339 of the Co..Category: Criminal Law | Date: | Hits: 42
Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)
...."It is a settled principle of law" as pointed out by a Division Bench of this Court in the case of Zaheda Bewa & another Vs. The State reported in 1985 BLD 9 "that the requirement of adherence to the provisions of section 164(3) Cr.P.C. is not a mere matter of form, but substance. Section 164(3) is ......ode of Criminal Procedure with minute particularity so as to ensure that the confessing is absolutely free from the slightest tinge or taint of extraneous influence," "It is a settled principle of law" as pointed out by a Division Bench of this Court in the case of Zaheda Bewa & another Vs. The S..Category: Criminal Law | Date: | Hits: 31
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