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Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)
....cused-petitioner Md. Rafiqullah (Head Master of the school) in collusion with accused-petitioner Ahmed Ali Lasker (Clerk of the said school) misappropriated an amount of Tk. 1,59,252/- by issuing as many as 400 false vouchers against fake persons during the period of 1979-1983. On 29.12.83 the Chi......alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ......sfer to his own file 29.1.84 that the statutory period of limitation as provided in Section 339C of the Code of Criminal Procedure had expired after 60 working days from 29.1.84, that the further proceedings. In respect of the trial ought to have been stopped and the accused persons on the exp..Category: Criminal Law | Date: | Hits: 144
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....e only after obtaining letter of allotment from the authority concerned; Nazar Ali during his life time could not execute and register the deed of transfer in favour of Jahanara in view of absence of any registered lease deed in his favour from the Ministry of Works; Nazar Ali died on 8-6-83 leaving......ka 1,71,000 upon receipt of an earnest money amounting to Taka 1 (one) lakh. In the process aforesaid Nazar Ali entered into an agreement for sale of 4 kathas of land in favour of Jahanara Begum at a stage when no registered lease deed was executed in favour of Nazar Ali by the Ministry of Works and......t case there is no specification of the share of defendant Nos.8-10 in the suit land and under such circumstances it is also evident that section 17 of the Specific Relief Act operators as a bar in proceeding with the instant suit and in this connection we feel it proper to quote section 17 of t..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....as inherited by the plaintiffs and that even if it be found that some of the heirs of co-shares of the holdings are living in India the property being ejmali could not be leased out to others without any partition and hence the impugned proceedings are illegal. 6. Being aggrieved defendant Nos.1 ......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ......of 1978 reversing those of the learned Subordinate Judge of that place in Title Suit No.102 of 1976. 2. The petitioners, as plaintiffs, brought the suit for a declaration that the enemy property proceeding as described in schedule 'Ka’ to the plaint were illegal, ultra vires and without jur..Category: Property Law | Date: | Hits: 64
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
....f the High Court the respondent No.5, Mobarak Hossain filed an application for withdrawal of the case without their consent. The Court of Settlement served no notice to the parties whatsoever or upon any of the co-applicants. 10. The petitioners before this Court as applicants filed an applicat...... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ......Civil Procedure 1908 shall not apply to the Court of Settlement and, as such, the Order XXIII of the Code of Civil Procedure is not applicable, wherein the Court has empowered to withdraw the suit or proceeding. He further submits that our apex Court in their various decisions has decided that after..Category: Property Law | Date: | Hits: 66
....endant No.1 became consumers of gas for running their industries. It was stipulated in the contracts that the current rate would be Tk. 9/- per 1000 cft. The contracts provided that in case the company would increase the rate it shall either by publication or by letter posted in the mails give 30 ......effect and 30 days' notice has not been given. It can hardly be disputed that plaintiffs have a prima facie case for getting the declaration prayed for. We refrain from saying anything more at this stage lest this should prejudice any of the parties. The main question in this appeal is whether the......
In the result, the appeal is dismissed and the Rule is discharged without any order as to costs.
Chowdhury ATM Masud J.- I agree.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 293.
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Category: Civil Law | Date: | Hits: 124
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....nder Article 102 of the Constitution does not arise at all. Whether notices/summons were properly served or not or whether the petitioner was a guarantor/ mere a shareholder of the borrower company or borrowed money from the bank or not are disputed question of facts and for which remedy lies ......y order as to costs. The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ......ditor acted malafide in filing suit under Bankruptcy Act, 1997 without disclosing of the actual market price of the mortgaged land, which is clear violation of section 12(2) of the Act and hence, the proceeding is without lawful authority. Finally, the learned Advocate submits that since the petitio..Category: Procedural Law | Date: | Hits: 114
AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)
.... previous execution case and so, it is barred by limitation in view of the provision of section 28 of the Ain; that the application filed by the Bank for execution of the decree is not supported by any affidavit or verification and it was not signed by any authority of the decree-holder-Bank and......he execution case, the Adalat on perusal of the record hold that the third execution case is within time. Notice was published for auction sale of the mortgaged property in the execution case. At one stage, the Bank filed an application under section 34 of the Artha Rin Adalat Ain, 2003 (the Ain, in...... could not be sold in auction. Both the contending parties are silent on this question. 14. Lastly, we likely to note that by order dated 4-10-2005 the learned Judge of the Adalat stayed further proceeding of the execution case subject to execution of warrant of arrest as 150 days expired. It h..Category: Civil Law | Date: | Hits: 159
Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)
.... and on behalf of defendant No.22, no witness was examined, although he prayed for such examination. Now the question calls for our consideration whether the learned Joint District Judge committed any error of law resulting in an error in the decision occasioning failure of justice in passing the...... passing the impugned order dated 17-04-2006. 11. At the outset it will be profitable to extract the provisions of Order XVIII Rule 17 C.P.C. which reads as hereunder: "17. The Court may at any stage of a suit recall any witness who has been examined and may (subject to the law of evidence for...... of receipt of this order. Communicate this order at once with a copy of Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 300. ..Category: Property Law | Date: | Hits: 58
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....witnesses named in the FIR, seized the said amount of money, described as bribe money, and obtained signature of the witnesses on the seizure list. The accused petitioner, being asked, could not give any satisfactory reply about the said recovered Taka 100,000, hence he was arrested. Besides, they h......equired by Rule 4, we do not find any substance in the submission to the effect that it was a trap case and that sanction under Rule 16(1) was required to recover the alleged bribe money at the given stage. On the other hand, we have noticed that the decision reported in 60 DLR 629, is one case in w......Criminal Miscellaneous No. 1505 of 2009. Judgment MR. Hasan J. - By this application under section 561A of the Code of Criminal Procedure, one petitioner Mohammad Bayazid prays for quashing the proceedings of Special Case No. 3 of 2009 corresponding to GR Case No. 451 of 2007 arising out of Ko..Category: Anti-Corruption Laws | Date: | Hits: 44
Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)
....he SAT Act was a bar to pre‑emption. The learned Advocate further submits that since this question was never raised before the trial Court and no issue was framed thereon the petitioner did not get any opportunity to meet this objection by adducing evidence. The learned Advocate has drawn my atten......duce evidence to this effect, in the absence of any averment to the contrary, will not render his application liable to be dismissed. It therefore, follows that if no objection has been raised at any stage of the trial the pre‑emptor should be given an opportunity to lead evidence on this point wh......ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ..Category: Property Law | Date: | Hits: 54
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....vide order dated 1‑3‑87 allowed thelocal inspection and the Advocate Commissioner Mr. Md. Moksed Ali submitted his report dated 27‑4‑87 in Court on 24‑5‑87 and this was not objected to by any party. 5. The report of the Advocate Commissioner reveals that there is a tin shed kutcha hut...... defendant‑opposite party Nos.3‑5 in respect of the southern half of the suit land were inoperative and not binding on the plaintiff‑petitioner submitting that such amendment can be made at any stage as this would not alter the character of the suit. 11. Mr. Md. Abdul Haque, learned Advocat......ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ..Category: Civil Law | Date: | Hits: 59
Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
....e matter also, the learned Subordinate Judge has correctly passed the impugned order for avoiding multiplicity of cases. The Order 21 rule 29 CPC reads as under‑ “where a suit is pending in any Court against the holder of a decree of such Court, on the part of the person against whom the d......and started filing suits, one, after another, firstly, he filed Title Suit No.89 of 1993 and then again Other Suit No.22 of 1995. 11. Mr. Khan Saifur Rahman, the learned Advocate, said that at any stage of the suit Nos.50 and 54 of 1984 upto the Appellate Division, this Mahmuda Begum never d...... instance of the defendant Nos.1 and 2 was directed against the Judgment and order dated 5‑10‑95 passed by Subordinate Judge, 1st Court, Chittagong in Other Suit No.22 of 1995 staying the further proceeding of Title Execution Case Nos.6 and 7 of 1994 of that Court till disposal of First Miscella..Category: Procedural Law | Date: | Hits: 69
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
....med under sections 364/302/34 of the Penal Code against the accused-appellant which was read over to him and to which he pleaded not guilty and claimed to be tried. 5. The prosecution examined as many as 13 witnesses in this case and the defence examined none. From the trend of the cross-examinat...... and order situation of the area was bad at the relevant time. 14. P.W.3 Barek Howlader stated that he had not seen the occurrence and he did not know anything about the occurrence. 15. At this stage he was declared hostile by the prosecution and cross-examined where he denied all the prosecut...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ..Category: Criminal Law | Date: | Hits: 43
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....ure is available. This power cannot be so utilized as to interrupt or divert the ordinary course of Criminal Procedure as laid down in the Code of Criminal Procedure. She goes to argue that in no way any proceeding can be quashed where FIR and Police Report clearly discloses the criminal offence i......the process of the Court which requires interference under section 561A of the Code of Criminal Procedure. Ultimately we are not inclined to accept it in order to quash the proceeding at this initial stage without giving any opportunity to adduce evidence in support of the charge likely to be fram......r again filed an identical prayer which was also rejected. 4. Thereafter accused-petitioner jumped upon to invoke the jurisdiction under section 561A of the Code of Criminal Procedure to quash the proceeding on 4-7-1993 and obtained the present Rule and Order of stay. 5. Senior Advocate Mr. Dr..Category: Procedural Law | Date: | Hits: 59
Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
....ing, of C.R. Case No.2355 of 2001 are liable to be quashed on three grounds: firstly the allegations made in the petition of complaint, even if taken to be true in their face value, do not constitute any offence, as the activities were a business transaction under a contract, with an element of dish...... the dues; secondly there was no entrustment of any property by the FDC to the petitioner and as such section 406 of the Penal Code is not attracted; and thirdly there was no initial deception at any stage of the transaction and as such section 420 of the Penal Code is not attracted. 7. In suppor......e No.1927 of 2002. Judgment Md. Emdadul Huq J.- In this case under section 561A of the Code of Criminal Procedure a Rule was issued calling upon the opposite parties to show cause as to why the proceeding, of C.R. Case No.2355 of 2001 pending in the Court of Chief Metropolitan Magistrate, Dhak..Category: Criminal Law | Date: | Hits: 66
Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)
.... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ......al Court with a direction to accept the deficit Court fees and pass Judgment afresh. On considering the plaint and statements of the witnesses the appellate Court took positive decision which at this stage under revisional jurisdiction there was no reason to interfere. The rule has no merit. 9. I...... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ..Category: Property Law | Date: | Hits: 48
Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)
....call for a report on the matter from the police officer conducting the investigation. (2) If a report is made by the investigating police officer under section 173 and on such report cognisance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, t...... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ......uiry or trail held by him, that an investigation by the police is in progress in relation to the offence which is the subject matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer con..Category: Criminal Law | Date: | Hits: 39
....s designated as Flood Flow/Sub- Flood Flow Zone area within which Ameen Bazar area under Savar Police station has fallen as part of Sub- Flood Flow Zone. The DMDP has identified that there have been many private development schemes approved by RAJUK specially in the Ameen Bazar area on the south of ......ilt 8 floors as per guide lines which permitted 150 FAR with height restriction of 80 feet. After construction the flats were delivered to the purchasers and the appellant was one of them. At a later stage it was found that the builder constructed the building in violation of the regulation. Consequ...... made in the writ-petition. The case of the Metro Makers, in short, is that BELA, the writ-petitioner has no locus standi to file the instant writ petition as the RAJUK is already involved in a legal proceeding with Metro Makers in Writ Petition No.5130 of 2003 arising out of the same set of facts. ..
Category: Environmental Law | Date: | Hits: 434
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
....he proceedings of G.R Case No.83 of 2003 arising out of Taknaf Thana Case No.10 dated 13.4.2003, then pending in the Court of First Class magistrate, Court No.2, Cox's Bazar, should not be quashed or any other order passed as this Court may deem fit and proper. 2. By the said Rule issuing order, ......te, in reply, submits that failure to return money in a deceptive way falls within ambit of cheating. By the subsequent conduct of the accused No.1 intention of deceiving the informant at the initial stage can be gathered in this case. All these facts asserted by the parties are necessary to be adju...... 2005. Judgment Khondker Musa Khaled J.- On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite party to show cause as to why the proceedings of G.R Case No.83 of 2003 arising out of Taknaf Thana Case No.10 dated 13.4.2003, then p..Category: Criminal Law | Date: | Hits: 62
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....hereafter, he transmitted the case to the Additional Sessions Judge, Rangpur for trial. 6. The prosecution examined 12 witnesses who were cross examined by the defence and the defence did not call any witness. 7. After closing of examination of the prosecution witnesses, the accused persons ...... at about 9.00 a.m., the nephew of the informant, named Shahinoor Islam was working in the paddy field of one Shajahan Ali, there was a joke between Shahinoor Islam and Moslem and out of that, at one stage they became angry with each other and accused Milon Miah, brother of Moslem, hit Shahinoor wit......ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ..Category: Criminal Law | Date: | Hits: 60
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