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Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....gment January 15, 2005. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Section 115 Concurrent finding of fact of the courts below having not suffered from any misreading or non-reading of the evidence or, in other words, any legal evidence was not left ......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......urt Division in revisional jurisdiction and obtained the Rule. 7. The High Court Division made the Rule absolute on the finding that the courts below, particularly trial Court, were in error in proceeding with the premise that the plaintiffs in their pleading have admitted possession of the ..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
.... such procedural technicalities. Non compliance of the procedure for marking the exhibits and to prepare the exhibits list does not destroy the validity of the Court proceeding. The Court may at any stage of the suit reject any document which it considers irrelevant or inadmissible after record......h procedural technicalities. Non compliance of the procedure for marking the exhibits and to prepare the exhibits list does not destroy the validity of the Court proceeding. The Court may at any stage of the suit reject any document which it considers irrelevant or inadmissible after recording ......of Civil Procedure aims to prevent such procedural technicalities. Non compliance of the procedure for marking the exhibits and to prepare the exhibits list does not destroy the validity of the Court proceeding. The Court may at any stage of the suit reject any document which it considers irrel..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....he Revisional application. 6. In the said paragraph No.6 of the application the petitioner has not given his age nor the diseases he was suffering from nor he enclosed with the application any medical certificate from any physician from whom he was taking treatment. He also did not give t......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......t and satisfactory explanation. The explanation offered by the petitioner appears totally vague, obscure and indefinite which is a testimony of clear negligence and laches on his part in pursuing the proceeding instead of with due diligence and bona fide. The statement explaining the delay made in p..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....side the orders of the proceedings under section 145 of the Code of Criminal Procedure passed by the Magistrate in MR Case No.21 of 2003 and thereby dropping the proceedings, should not be quashed or any other order passed as this Court may deem fit and proper. 2. The relevant facts are that, t......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......ttagong to show cause as to why the impugned judgment and order dated 15-9‑2004 passed by the learned Sessions Judge, Borguna in Criminal Revision No.26 of 2004 setting aside the orders of the proceedings under section 145 of the Code of Criminal Procedure passed by the Magistrate in MR Case ..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....), Section 120 Competency of a witness to prove facts in issue- Facts which are within the knowledge of suitors if they did not depose in a case their case remains unestablished since any other person deposing on their behalf in respect of the said exclusively known matter as to wh......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ...... section 120 of the Evidence Act is not well founded since the law as to competency of a person to depose on behalf of the parties in the suit is otherwise. At one point of time parties to a civil proceeding were deemed to be incompetent to testify and the said rule was founded solely on the int..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....HS Rahman, Director, Consociates Ltd. in collusion with each other, by misusing their powers got Consociates Limited appointed as consultant of the project in a preplanned manner and without floating any further notice and without inviting any further international tender, gave the work of installin......in 14 DLR (SC) 96, 36 DLR (AD) 58, 6 MLR (AD) 297, 1993 BLD (AD) 17, 30 DLR 344; 1995 BLD 151, 1987 BLD 11, 1988 BLD 64. 10. It is not denied the prosecution could be quashed even at the initial stage, as held by the Appellate Division of the Hon'able Supreme Court in the case of 28 DLR (AD...... and they were enlarged on bail and thereafter they moved this Court on 17‑8‑2002. This date is very important for disposal of the Rule. At the time of issuance of the Rule, this Court stayed the proceeding of the aforesaid case, at first for a period of 3 months, thereafter on 11‑11‑2002, t..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
....ccurrence As because there is no way out but to file money suit for the purpose of recovery of loan the transaction of extending loan gives rise to civil liability but that does not create any bar to initiate criminal prosecution if the person is also liable to a criminal charge and neces...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......itioner was for realisation of money and not for offence and both civil and criminal cases can run together, and the relief available in the civil Court does not stand as a bar to initiate a criminal proceedings if it is found by the disclosure of facts that there is distinct element of criminal off..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
....charged. Legal proceedings by a party against other party to an arbitration agreement Where a party to an arbitration agreement initiates legal proceedings against other party in respect of any matter agreed to be referred to arbitration, the Court would have no jurisdiction to hear any le...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ........................Petitioner Vs. Mahkota Technology SDN BHD and others..........Opposite Parties Judgment November 10, 2004. Result: The Rules are discharged. Legal proceedings by a party against other party to an arbitration agreement Where a party to an arbi..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
....er for according sanction from the Office of the Hon'ble Prime Minister to proceed with the case against the respondent Nos.5 and 6, Annexure-E, should not be declared to have been passed without any lawful authority and is of no legal effect, and why respondent Nos.1 and 2 should not be directe......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
......2. Annexure‑D‑2, refusing to give sanction to Special Case No.39 of 2004 in the Court of the Metropolitan Sessions Judge. Special Court Dhaka arising out of Complaint Petition No.3795 of 2003 for proceeding with the case against the respondent Nos.5 and 6 and the impugned order dated 9‑5‑200..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....ers at the polling centre, snatching away ballot papers and putting the seal into the ballot boxes have not been mentioned in the election petition for laying down the foundation thereof nor there is any allegation as to violation of Article 31 of the Order and hence the documents called for to prov......he election petition for laying down the foundation thereof nor there is any allegation as to violation of Article 31 of the Order and hence the documents called for to prove the same at this belated stage cannot be maintained. In support of his submissions Mr. Rokonuddin Mahmud has referred t......r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Firoz Chokder Vs. State, 2004, 33 CLC (HCD)
....to the Nari-O-Shishu Nirjatan Damon Bishesh Adalat, Chandpur and cognizance was taken charged was framed under section 7(9)(1) of the Nari-O-Shishu Nirjatan Damon Ain 2000 Prosecution examined as many as 8 witnesses and after completion of trial convicted the petitioner under section 7(9)(1) of ......oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ......ri-O-Shishu Nirjatan Daman Ain, 2000 on 1.7.2002. The petitioner was all along absconded and was arrested on 14.9.2002 by the Mokshedpur Thana Police and for the first time came to known about the proceeding and conviction. The trial held in absentia. The petitioner could not prefer appeal withi..Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
.... Procedure, 1908, (V of 1908), Order XIX, Rule 1(1), (3) When there was no issue before the trial court nor the appellate court regarding waiver, the High Court Division was not required to give any finding in this respect in the absence of any specific averment to the contrary....................... plea of waiver must be taken in his pleading by the tenant and at the trial where it should be raised as an issue. In the instant case, as already noticed, the plea of waiver was never raised at any stage by the pre-emptees and not even before the High Court Division but the High Court Division its......and others Vs. Shah Gulam Nabi and others reported in 27 DLR (AD) 156 it was held that the Appellate Division of the Supreme Court is reluctant to remand a case to allow a party, negligent in earlier proceeding in diligently bringing all evidence on record, an indulgence to fill up the lacuna in evi..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
....tered as FA No.356 of 03 purportedly under section 17 of the Arbitration Act, 1940, in brief, the Act. 3. Facts of the case, in short, is that respondent Messrs AB Jute Limited, briefly, the company, entered into a contract with the Corporation on 16‑6‑94 for purchase of 15,220 bales of BWH...... Collector of Aligarh, AIR 1946 Privy Council 75. 20. It may be noted that in subsequent arbitration proceeding initiated by Redsun company the Corporation never appeared nor participated in any stage of the arbitration proceeding. 21. In the appeals, the moot issues raised are as hereunde......ns 30, 31 and 33 of the Act before the aforesaid Court for setting aside the award, which was registered as Title Suit No.130 of 1996. 12. In the application it is stated that entire arbitration proceeding was without jurisdiction, illegal and the award given therein a nullity and not binding u..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....rgoing sentence, defendant No.2 asked defendant No.3, General Certificate Officer, Dhaka to commence a certificate proceeding. Accordingly, Certificate Case No.17 of 1986 was started without however, any service of statuary notice upon said defendant No.4, the suit property was attached and then, pl......d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ......e Deputy Commissioner, Dhaka and three others for declaration of title in the suit land with building thereon fully described in the schedule to the plaint and for further declaration that the entire proceeding in certificate case No.17 of 1986 including order of attachment and auction sale of the G..Category: Others | Date: 15 Aug, 2004 | Hits: 3
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ......rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ...... Judgment August 10, 2004. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Merely on the ground of delay criminal proceeding is not liable to be quashed except in case of exceptional nature. In the instant case in..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....y committee was formed in violation of the provisions of the Service Regulations, principles of natural justice and fairness. He further submits that the enquiry committee did not give the petitioner any personal hearing and he was not given any opportunity to explain the allegation illegally raised......nbsp; ......aid post Director (Finance and Accounts), vide notification dated 28-6‑1998 (Annexure-C). It appears that a charge-sheet dated 30‑7‑2002 was issued against him and following a disciplinary proceeding initiated against him, he was compulsorily retired from his post vide order No. ইফা..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
.... A licence to property is based on trust which makes the action lawful, which without it, would have been unlawful. Therefore, licensee means, in essence, possession or enjoyment, without passing any interest in the property to which it relates, which could be otherwise wrongful…….......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......l No.19 of 1992 the defendant-respondent has preferred this application under section 115(1) of the Code of Civil Procedure and obtained the instant Rule together with an order of stay of all further proceedings of the Title Execution Case No.5 of 1993 pending in the Court of the Subordinate Judge, ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....oncur in the appointment of an arbitrator, only course open to a party to the contract was to move the Court under section 8(1)(a) of the Act for appointment of an arbitrator. None of the parties has any right to appoint any arbitrator independent of the agreement and ask other party to concur. The ......f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ......d. Section 30 of the Arbitration Act provides for the grounds on any of which the award may be set aside. The grounds are namely, (a) that an arbitrator or umpire has misconducted himself or the proceedings; (b) that an award has been made after the issue of an order by the Court supersedi..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
.... of MM Ishak, the petitioner of Criminal Miscellaneous Case No. 426 of 2004, submits that the allegations made in the first information report are vague and indefinite. There is no allegation that on any particular date and time in any manner the accused husband, petitioner Ishak caused hurt to the ...... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ......rate applications under section 561A of the Code of Criminal Procedure filed by two accused-petitioners, namely, MM Ishak and Abu Raihan, calling upon the opposite parties to show cause as to why the proceedings of Nari‑o-Shishu Nirjatan Case No. 750 of 2003 under sections 11(kha)/30 of the Nari..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
.... be rejected. The learned Counsel further submitted that in view of the decree passed in Second Appeal No.1192 of 1937 read with section 50 of the Waqf Ordinance, 1962, no suit could be instituted by any person against whom action has been taken under section 64 of the Ordinance by the Administrator......s and the deceased father, the plaintiff became the sole owner and being in possession mutated the same in his name in the record of right overruling, the objections of the defendants up to appellate stage. The defendants ultimately, took a short‑cut measure issuing notices under section 64(1) of ......inance reads as under: Section 102. Bar to Suits.‑ Except as otherwise expressly provided in this Ordinance, no decision or order of the Administrator shall be questioned in any suit or other proceeding in any Court. 13. As a general rule, the provision of section 102 of the Waqfs Ordin..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
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