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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...... 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. ......pellant 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, after setting aside the conviction and sentence pas..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
.... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ......- The instant appeal, by leave, is against the judgment and order dated April 28, 1998 of a Single Bench of the High Court Division in Criminal Appeal No.1039 of 1993. The High Court Division by the aforesaid judgment dismissed the appeal of the present appellant upon modification of sentence o...... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ...... not file any Master rill for the remaining 31 MTs of wheat worth Tk.1, 55,000/- and he and his associates misappropriated the said quantity of wheat. 3 The appellant and others were put on trial to answer the acquisition under Section 409/109 of the Penal Code read with Section 5(2) of th..Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ......, 2003. Result: The suo moto order is disposed of with certain observations. Lawyers Involved: A. F. Hassan Ariff, Attorney General with Adilur Rahman, Deputy Attorney General - for the Government. M. Idrisur Rahman and Dr. Nayeem Ahmed - for Oparajoy Bangladesh. Md. ......minutes of the committee the learned Attorney General submits that already different Ministries including Ministry of Social Welfare, Ministry of Home and Ministry of Law, Justice and Parliamentary affairs have been asked to take favourable steps in the direction. 6. After considering the submi......trail prisoners were in Dhaka Central Jail till 02.02.2003. Dividing them into 3 groups in the report it has been stated that there are 2 girls Under Trial Prisoners below age of 16 and 17 such under trial prisoners (boys) and 127 are of less than 18 years (Boys). In the report the Inspector General..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
.... No.2, namely, Thana Nirbahi Officer, acted malafide in collusion with defendant No.1 the Deputy Commissioner in taking the decision to change the place of polling stations, as such, the Courts below rightly passed the order of temporary injunction and, therefore, no interference is called for by th......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......dissatisfied with the selection of the polling stations filed application to the Chief Coordinating Officer, the Deputy Commissioner, Narail for setting up polling station at neutral places to secure fair and free election. On the said application defendant No.2 was instructed to inspect physically ......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
Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....ng the evidence of these. PWs, we are led to hold the view that none but the appellants have committed the offence under section 6(3) of the said Ain and the Court of trial below, in our opinion, has rightly believed the prosecution case. Having regard to the facts and circumstances of the case and ......ondent Judgment March 24, 2003. The Evidence Act, 1872 (I of 1872), Section 154 Evidence of a hostile witness is of no worth for the prosecution. However on consideration of such evidence along with other evidence if case of......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. ......rt, hereinafter referred to as the Special Court, upon receipt of the record registered Nari‑o‑Shishu Nirjatan Case 145 of 1997. 4. The petitioner and 4 others were placed on trial to answer the charge under section 6(3) of the Ain to which they pleaded innocent and claimed ..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
....than that of the guilt of the accused and there being clear circumstantial evidence of commission of rape and subsequent death under the custody of the condemned prisoners, the High Court Division rightly accepted the Reference and so, there is no illegality in the impugned judgment. ......bsp;Section 6(4) The Penal Code, 1860 (XLV of 1860), Section 32 To connect the accused of a gang involved in an offence, it is not necessary to prove individual overt act for an offence under section 6(4). This rule provides for punishment both for individual as well as...... 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. ......k place and a regular case being Kotwali Police Case No. 6 dated 4‑9‑1995 was started against the aforesaid police personnel and thereafter, they were challenged in the case and during trial, charge was framed under section 6(4) of the Act to which they pleaded not guilty claiming to..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....is a member. (4) Prejudicial conduct means causing prejudice or harm to the relevant interest. (5) Unfairness can arise out of a breach of the petitioner's legal rights, i.e. those in the memorandum and articles of association or arising out of the fiduciary d...... 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......er the dismissal of Ashraf Ahmed as the executive director, no further information about the company was provided to the petitioners of the company matter; were not allowed to participate in the affairs and management of the company, no dividends or profits were paid to them. In that situation f......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
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......0. 2.The Opposite party as plaintiff instituted S.C.C Suit No.15 of 2000 in the 3rd Court of the Senior Assistant Judge and S.C.C. Judge, Dhaka impleading the petitioner as the defendant praying for eviction of the defendant from the suit premises alleging, inter alia, that the defendant was a ......e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......returned to the defendant on 27.3.2000 the defendant filed rent deposits case being H.R. Case No.10 of 2000 and since then has been depositing monthly rent with the House Rent Controller. 4. The trial Court framed necessary issues and recorded evidence of 1.P.Wand 1.D.W. On consideration of the..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....ed Advocate appearing on behalf of the petitioner, submitted that when the allegation is that the petitioner using a forged document before the Revenue Court tried to mutate his name in the record of right, the proceeding as initiated is illegal. He submitted that in a case of such a nature there mu......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......e will be done to those who deserve justice. This should be viewed very sternly and discouraged to avoid repetition of foul play of this nature. It is a fit case where equity, judicial conscience and fairness demand that this court should exercise the plenary power it derives from Article 104 of the......ected against the judgment and order dated 19‑2‑1998 passed by a Division Bench of the High Court Division is Criminal Appeal No. 20 of 1992 allowing the appeal and sending it back to the trial Court for further investigation. 2. The facts, in short, are ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
.... 1 did not deny the existence of bainanama between the plaintiff and the defendant No. 1. Moreover, it appears that the scribe of bainanama has proved the same; therefore, the High Court Division has rightly held that the bainanama has been duly proved and this is the foundation upon which the High ......ord ‑ For the Petitioner AKM Nazrul Islam, Senior Advocate, instructed by Aftab Hossain, Advocate‑on‑Record ‑ For Respondent No.1 Not represented ‑ Respondent No. 2. Civil Petition for Leave to Appeal No. 695 of 2002. (From Judgment and order dated 21‑1‑2002 passed by the H......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ...... 6. First Appeal was heard by the Division Bench of the High Court Division who by their judgment and decree dated 21‑1‑2002 allowed the appeal and set aside the judgment and decree passed by the trial Court. The High Court Division decreed the suit for Specific Performance of Contract in favour..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....‑agricultural land on the opening of separate khatian upon splitting up of the jama of the land sought to be pre‑empted in the name of the per‑emptor disentitles him from exercising right of pre‑emption in respect of the land whereof he ceased to be a co‑sharer because ......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. ......sion obtained leave contending, inter alia, that the High Court Division overlooked that the Court of appeal below without noticing and considering Exhibit 13(2) Khatian No. 3232/1 relied upon by the trial Court came to an erroneous finding that the pre‑emptors were the co-sharers of the ..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)
....ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ......scharging the Rule in Criminal Miscellaneous Case No. 1838 of 2000 in refusing to quash the conviction of the petitioners under section 19(f) of the Arms Act and the sentence of rigorous imprisonment for 10(ten) years as passed thereunder by Special Tribunal No. 1, Jhenaidah in Special Tribunal......ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ......the appellants. 3. Police investigated the case and submitted charge‑sheet against the appellant along with others under section 19(a) and (f) of the Arms Act. The case came up for trial before the Court of Additional Sessions Judge and Special Tribunal No. 1, Jhenaidah and the pr..Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ...... December 17, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Sections 265B, 265C, 265D & 265E Sections 265B, 265C, 265D & 265E of the Code of Criminal Procedure form a composite session and steps under these sections are to be taken in the same session. When a......aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ...... above mentioned complaint petition cases against the accused respondents. 4. The learned Magistrate took cognizance, of the offence alleged against the accused and transferred the case for trial. The Additional Metropolitan Sessions Judge, 3rd Court, Dhaka after hearing the parties frame..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....rovision of section 497 of the Penal Code. The learned Deputy Attorney‑General has further submitted that the provision of section 339C (4) of the Code of Criminal Procedure do not confer any right upon the accused to be enlarged on bail for non‑completion of the trial within the spec......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. ......ip;Respondent Judgment December 1, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Bail Matter Besides inordinate delay in prosecuting the trial of the case and the provision of section 339C (4) of the Code of Criminal Procedure, the fact..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
.... "Admittedly, the plaintiff is in possession of 3 karas of land in the homestead plot and, as such, she should not be driven to file a separate suit in order to prove that she had acquired any right or interest in 3 karas of the land in the homestead plot. A question of title can incidentally...... 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 ...... necessity upon showing which transfers had been made and that of the transactions two, i.e. transactions relating to property Nos. 1 and 3 of 'Ka' schedule, have been brought into existence by the unfair activities of Borodh Kanta Roy in order to grab the property left by Narayan Chandra." ......wdhury (defendant No. 11), DW 2 Shambhu Nondi is a neighbour. DW 3 Shambhu Chandra Sarkar is another neighbour and DW 4 is Chinmoy Chowdhury, defendant No. 12. 9. The trial Court while disposing of the suit observed, inter alia, as follows: ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
....findings that although the Ekrarnama is a genuine document yet, as the Ekrarnama is not a registered one as such on the basis of the same defendant No.1 under the law cannot go for enforcement of the right of redemption and as such the order passed by the Land Administration Board was not legal. The......thMagh, 1376 B.S. in favour of the plaintiff; that on the date of execution of the bainapatra Kamini Sundari Devi delivered possession of the land to the plaintiff; that subsequent to the agreement for sale with the plaintiff Kamini Sundari Devi sold the land to defendant No. 1 by a kabala dated M...... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ......nd and that land Appeal Board is quite competent to make order of redemption and that Civil Court has no jurisdiction to interfere with the order of the Land Administration Board. 5. The trial Court on the basis of the materials on record dismissed the suit on the finding that the Ekr..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
.... award was vague in the matter of interest. 7. Mr. Khandkar Mahbubuddin Ahmed, the learned Counsel for the respondent, submits that learned Judges of the High Court Division held rightly that giving a vague award in the matter of interest cannot be accepted at all and such vague...... the appellant as the contractor entered into two agreements namely, agreement No. 16/LMH dated 12 September, 1988 and agreement No. 27/LMH dated 17 September, 1988, with the Government of Bangladesh for reconstruction of the railway line damaged, by flood. After the completion of the works the cont......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ...... awarded a sum of Taka 20,40,712.06 to the Contractor‑ respondent to be recovered from appellant,(BADC) with an interest of 16% thereon from 1‑7‑84 till the date of realisation. The trial Court modified the award by deleting the interest on the recoverable amount as awarding of the..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
....The short facts for disposal of the Rule are that, opposite party No.1 as plaintiff filed Title Suit No.137 of 2001 in the Court of Assistant Judge, 6th Court, Dhaka for declaration of his possessory right on the basis of Salami-purchase of the suit shop stating in short, that one Jamal Ahmed Nomani......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. ...... the plaint of the present suit on the ground that the plaintiff has no locus standi to file the present suit as it is barred under Order IX rule 9 of the Code of Civil Procedure. 5. The learned trial Court after hearing both the parties vide the impugned order dated 12‑2-2002 rejected t..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....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. ......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......een clearly an act without jurisdiction. The learned Counsel further submitted that before filing the appeal in the Administrative Appellate Tribunal, the Ministry of Law, Justice and Parliamentary Affairs opined under Memo No. SOL/80 Opinion 17/1999‑1121 dated 43‑1999 after examini......g. This Court held, inter alia, that "It is found that the modified decree was passed on 22‑3‑1960 and to avoid the question of limitation a modified decree was again drawn up by the trial Court on 9‑8‑1993 and what is so obvious that it was obtained from the Court by fr..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......urt Division passed in First Appeal No. 52 of 1990 filed by the respondents. The respondent No. 1 as plaintiff instituted Title suit No.135 of 1985 in the First Court of Subordinate Judge, Dhaka, for Specific Performance of Contract on the averments, inter alia, that the respondent No. 2, Be......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......d by limitation and the High Court Division erred in law in allowing the appeal after holding that the suit is not barred by limitation. He also submits that several other material findings of the trial court have not been reversed by the High Court Division." 10. Mr. Abdur Razaque Khan,..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
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