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Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
....efore the Special Judge. Dhaka Division for holding trial for allegations of offence under section 161 of the Penal Code read with section 5(2) of Act II of 1947. As the prosecution failed to produce any witness within the specified period of time the criminal proceeding was stopped under section 33......d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ...... allegations of offence under section 161 of the Penal Code read with section 5(2) of Act II of 1947. As the prosecution failed to produce any witness within the specified period of time the criminal proceeding was stopped under section 339(C) (4) of the Code of Criminal Procedure and the petitioner..Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....), sections 151 & 153 Section 151 of the Code of Civil Procedure provides inherent power of the court whereas section 153 of the Code of Civil Procedure empowers the court to amend any defect or any error in any proceeding of the suit at any time. Lawyers Involved:......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ...... Section 151 of the Code of Civil Procedure provides inherent power of the court whereas section 153 of the Code of Civil Procedure empowers the court to amend any defect or any error in any proceeding of the suit at any time. Lawyers Involved: Dr. Md. Zah..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
.... Judgment August 18, 2003. Company Matter There is no bar in law for a company which is going to be registered to act in i......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ...... of the defendant No. 6 filed on April 26, 1992 seeking allotment of the land but the Directors of the Company signed the Memorandum and the Articles of the Company on June 7, 1992(f) that from the proceedings of the Allotment Committee it is seen that resolution Nos. 1‑13 relates to allotm..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
....ule 37 CPC Annexure-D, praying for issuance of warrant of arrest against the petitioner/judgment-debtor, the impugned order, Annexure-D(1), was passed.
3. The respondent No.2 though did not file any affidavit in-opposition filed two applications one for discharging the Rule and another for vaca......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
......Civil Court having all the powers and jurisdiction under the Civil Procedure Code subject to the provision of the Artha Rin Adalat Ain and since the impugned order in question was passed in execution proceeding of the Artha Rin Adalat, the provisions of Code of Civil Procedure should be followed and..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....8 of 1992 for admission hearing and after hearing the appellants held that since section 47 CPC has been omitted by the Ordinance XLVIII of 1983 the Subordinate Judge had no jurisdiction to entertain any matter under section 47 of the CPC and, as such, the Miscellaneous Appeal was not maintainable a......ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ...... Pakistan and the second Appeal No.625 of 1966 was dismissed by judgment and decree dated 1‑2‑1980. During pendency of the second Appeal No.625 of 1966 there was no order of stay of the execution proceeding and the decree holder put the decree into execution being Title Execution No.36 of 1969 a..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....ere was clash with the local people and one person died and as such the process of eviction was stopped and those who were opposing the eviction are now more united and strong and as such before any process of eviction is started a proper step is to be taken and in the aforesaid circumstan......fect from 23.8.2001 from the northern portion of Block ‘J’ and admittedly the plot in question of the petitioner is situated in the northern portion of Block ‘J’. At this stage the learned Advocate for the contemners also raised a question of law as to the maintaina......, Advocates- Amicus Curieas. Contempt Petition No.116 of 2001. Judgment Syed Amirul Islam J.- This rule was issued calling upon the respondent-contemners to show cause as to why a proceeding for contempt of Court should not be drawn up against them and punished accordingly f..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....nd instead disposal of Title Suit No. 360 of 1979 and the suit of disposing of the appeal on merit, particularly still being pending there is absence of cause of when the parties before it never made any such action and, as such, the suit is liable to be dismissed. 5. The Court of first instanc......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. ...... 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 lower appellate court for disposa..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
....sion and both the petitions came up for hearing on 22.11.2000 before the Court Division but the application of the appellant for discharging the rule was rejected as the same was not accompanied by any affidavit in support of the application. Thereafter both the appellants Jahanara Begum and Kazi ...... 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: ...... of 2001 moved the High Court Division in Civil Revision No. 1967 of 1999 against the said impugned order dated 27.5.1999 whereupon the rule was issued with an ad-interim order of stay of all further proceeding of the said Title Suit. The said appellant, however, in order to get the suit disposed of..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....ith the help of said Farida and looted cash money and took away by 2(two) big bags of jute and looted one bag of gold ornaments and wrist watch. The deceased industrialist Mr. Alam had no estimate or any statement in respect of his cash money and gold ornaments, consequently the informant could not ......ondent Judgment May 12, 2003. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A When the case is at the investigation stage, legality or admissibility of statements of witnesses made under section 161 of the Code or j......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
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
.... provides that an application for pre‑emption has to be accompanied with the consideration money together with compensation thereon at the rate of 10%. Section 96(4) of the Act provides that any co‑sharer tenant to the case holding can apply within 2 months from the date of service o......it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ...... the amount of consideration money together with the compensation thereon. 2. Upon receipt of the notice of the pre-emption proceeding the petitioner, a co‑sharer tenant, filed an application under section 96(4) ..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Nurul Huq (Md.) Vs. State, 2003, 32 CLC (HCD)
....man Chowdhury, the learned Advocate appearing for the appellants, submits that it is nowhere in the police report that the informant filed a false case and the learned Tribunal also did not arrive at any such finding on assigning any reason that the informant initiated a false criminal prosecution a......, 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588.......n a case under section 17(1) only when a complaint to that effect is filed by any person, but, in the instant case, no petition by anybody was filed before the Tribunal for initiation of the criminal proceeding against the informant and, in that view of the matter, the order of the learned Tribunal ..Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....ir 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 circumst......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. ......bsp; 5. Respondent No. 3 has filed the Caveat. Mr. Rafique‑ul‑Huq, the learned Counsel appearing for the Caveator, however, submitted that even the Bangladesh Bank earlier drew a proceeding against the present Chairman under section 46 of the Bank Companies Act, 1991 on various..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
....01 and 14‑7‑2001 were holidays the case was taken up by the Metropolitan Magistrate on 15‑7‑2001 for framing charge. On that date the convict respondents did not appear in the Court nor filed any application for time for their absence. Instead, a lawyer appearing on their behalf filed an app...... 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. ......ques 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 matter. Lawyers Involved: Abdul Malek, Senior Advo..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....y the prosecution and that there was no corroboration of the prosecution case. 9. The law is now settled that evidence of the witness, who has been declared hostile, would ipso facto not be of any worth for the prosecution, rather if on consideration of the evidence of such kind of witness it......tside, that in the early hours (at about 1.30 hours) of the night of February 26, 1997 she sensed that someone touched her body and thereupon while woke up she was threatened to keep quiet and at one stage while she called her husband one of the accused persons pressed her mouth by cloth and that am......titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
.... to observe the conditions so afterwards she can not be allowed to revert to the position but must accept the legal relation which she herself has so introduced, even though it is not supported by any law…………(16) Cases Referred to- &nb...... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ......ransferred her to a lower post of LDA‑cum‑Typist while her appeal was awaiting hearing by the Administrative Appellate Tribunal. Changing her designation during the pendency of a judicial proceeding in a subjudice matter to the prejudice of the petitioner actually constituted an obstruct..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
.... This rule provides for punishment both for individual as well as for constructive liability of a gang. In the instant case there being strong circumstantial evidence incapable of explanation upon any other reasonable hypothesis than that of the guilt of the petitioner, it is not a case of moral...... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ......her dead body was found on the following morning beside the road. The accused do not deny this aspect also. Their case is that she jumped from the running pick‑up while the pick‑up was proceeding towards Dinajpur. But there is no evidence whatsoever in support of the said story made ..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....4), 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 c......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. ......agement of the company, no dividends or profits were paid to them. In that situation filed an application to wind up the company on 14 June 1988 being Matter No. 24 of 1988. In the context of those proceedings, the company court granted an injunction restraining the company from creating any furt..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
....ted on the following terms:
"Mr. AF Hasan Arif, learned Attorney-General, submitted that the respondent sought permission for the establishment of the North Point University but did not ask for any "Sanad" as per clause 6 of the Private University Act and, as such, asking for a "Sanad" against......se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
...... ML Bagga vs. C Murhar Rao reported in AIR 1956 Hyderabad 35 wherein it has been laid down by a Division Bench that parties are governed by the law in force on the date when a suit is instituted or a proceeding commenced and any subsequent amendment or alteration cannot affect pending proceedings. B..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....ip;.. (b) …………………………………………….. (c) of any offence described in section 463 or punishable under section 471, section 475 or section 476 of ......urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ......ake 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 no bar in initiating legal proceeding against the accused by a complaint lodged by a police officer………&he..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)
.... the memo dated July 30, 1994 the authority communicated the order of compulsory retirement to the appellant. The appellant as against the said order of compulsory retirement filed appeal but without any success. Thereafter the appellant filed a petition for review / reconsideration of the order pas......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ...... passed in the appeal but he did not have the desired result. The appellant challenged his order of compulsory retirement in the writ jurisdiction of the High Court Division primarily contending that proceeding against him was not concluded within the prescribed time in the light of the provision of..Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92
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