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Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....he same had been fraudulently suppressed. Second-opposite party Torab Ali is not the agent (Karjkarok) of plaintiff-opposite party and, as such, Second opposite party got no legal authority to accept any summons on behalf of plaintiff-opposite party. Predecessor of petitioners obtained ex parte orde......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ...... of summons upon plaintiff-opposite party. Plaintiff-opposite party had been abroad during the period of alleged service of summons. Plaintiff-First opposite party was not at all aware of pre-emption proceeding against him and he only on 1-4-1995 became aware of Pre-emption Miscellaneous Case and, a..Category: Property Law | Date: | Hits: 64
....belonged to Krishna Chandra Saha, Harish Chandra Saha, Balaram Saha and Khetra Mohan Saha in four equal shares. The petitioners are their descendants and successors-in-interest. Their predecessors or any of them did not sell any land to any other person. As the D. P. khatians were wrongly prepared i......sed under section 42A of the Tenancy Rules. There is nothing to interfere with by this Court exercising its authority of judicial review under article 102 of the Constitution.
9. At the concluding stage of hearing, Mr. Goutam Kumar Roy, learned Deputy Attorney General with leave of the Court subm......titioners interpolated their appeal numbers on D. P. Khatian Nos.1524 and 948, and suppressed the facts relating to disposal of earlier Appeal Nos.4906, 5110 and 5112 of 2007 on the same land. During proceedings of the cases, there was another inquiry by a five member committee, wherein title and po..
Category: Property Law | Date: | Hits: 65
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....ed by the provisions of section 26 of the General Clauses Act, 1897, as because the Judgment and order of acquittal passed in Special Tribunal Case No.242 of 2000 is still in force for not preferring any appeal challenging the same by the state. He finally submits that in the facts and circumstances......e Court. 7. Mr. K.M. Masud Rumy along with Ms. Yesmin Begum Bithi, Assistant Attornies General, representing the state submits that. 10 prosecution witnesses have already been examined, so at this stage interference in the continuation with the impugned proceedings is not warranted. Hence, the ru......n J.- This rule under 561A of the Code of Criminal Procedure has been issued at the instance of the accused petitioner Md. Golam Mostofa (Bitu) calling upon opposite Party to show cause as to why the proceedings against the petitioner in Special Case No.24 of 2004 arising out of G.R. Case No.155 of ..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
.... the CIB Report and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts of the case as stated in the petition are that the petitioner No.1 is a company engaged in jute mills business and petitioner No.2 is its Managing Director. Petitioner No.1 has......said report it appears that on 31.12.1992 the loan of the petitioner company was classified. Thereafter the respondent bank filed Artha Rin suit for the realization of the dues of the bank and at one stage, the respondent bank issued a letter on 25.2.1995 offering certain terms and conditions to the......nt No.2 on the deed of compromise. 4. The petitioners then filed a writ petition being writ petition No.1862 of 1997 before the High Court Division whereupon a Rule Nisi was issued and all further proceeding in the said suit was stayed by an order dated 7.4.1997. The respondent No.1 has now start..Category: Civil Law | Date: | Hits: 112
M/s. Sonali Agency Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
.... of the respondent No.2, Commissioner of Taxes opposing the Rule. In the affidavit, it is mainly stated that the question of introduction of fresh capital of taka 13,75,000.00 was never considered in any of the assessments. 8. The facts stated hereinabove do not admit of any controversy. It appea...... to have been made without any lawful authority and as such, is of no legal effect and accordingly, quashed. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 313. ......der the Ordinance. 12. Section 120 clearly provides, amongst other, that the Inspecting Joint Commissioner of Taxes may call for from the Deputy Commissioner of Taxes and examine the record of any proceeding under this Ordinance and if he considers that any order passed therein by the Deputy Comm..Category: Fiscal/Taxation Law | Date: | Hits: 94
Md. Hafizur Rahman and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....ablished Nabinagar Municipality (annex-C). Accordingly they made draft publication of demarcation of wards by Memo No.743 (50) dated 3.11.1999 and invited written suggestion or objections thereto, if any, within 15 (fifteen) days from publication of the notice (annex-D). 5. Thereafter, the Govern......ed final voter lists of all the 9 (nine) wards of Nabinagar Municipality and its voters including the petitioners applied their voting rights in national election held in October, 2001. 7. At that stage, the District Administration of Brahmanbaria, on an application filed by some local people for......cipality or union every when and then except in due process of law. Thus the Rule is disposed of with the above observations. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 131
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....at in passing the impugned order, respondent No.2 did not comply with the mandatory provision of section 10 (1) of the Trade Organization Ordinance, 1961 (hereinafter called the Ordinance) by serving any notice in writing and affording the existing executive committee any opportunity to make represe......d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......B for the term 2011-12 was held. When the allegations were being inquired into against the executive committee, the Election Board published the schedule only to avoid punishment and to frustrate the proceedings against the committee. After the so called election of the executive members was held, n..Category: Civil Law | Date: | Hits: 114
Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....ernment in its cabinet meeting held in May, 1976 had decided to give allotment of rehabilitation plots to those whose land was acquired by the Government in a particular area and who had not received any plot in any of the residential area in Dhaka city. Since Abeda Khatun was an affected person, th......ssued in favour of respondent No.7 Kofiluddin in respect of the same plot. Thereafter, several correspondences were made between the said Abeda Khatun and the Housing and Settlement authority. At one stage they (Abeda Khatun and Kofiluddin) were asked to appear before the Assistant Commissioner of H......were asked to appear before the Assistant Commissioner of Housing and Settlement by a letter as contained in Memo No.68/83/7436/Ka. Sha dated 23.8.1994. Subsequently the authority stopped all further proceedings till they would arrive at a final decision on the matter. 3. The petitioners contende..Category: Property Law | Date: | Hits: 82
Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)
.... instance of her mother accused Ful Baru caused her miscarriage and thereafter she was shifted to the hospital where she died. 5. At trial in order to prove the charge the prosecution examined as many as nine witnesses, of whom five, namely P.W.1 and P.W.8 S.I. Mosharraf Hossain, P.W.2 Dr. F. M. ......hereby caused abortion, which resulted her death. The defence taken is after thought and got up and also not proved. Such defence case had not been suggested in cross-examination to the P.Ws. At last stage of the trial a new story was advanced through the mouths of the D.Ws. Even the appellant at th......or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ..Category: Criminal Law | Date: | Hits: 69
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
....(Production), BRB Cable Industries Ltd. as informant lodged an ejahar with Kushtia Police Station alleging, inter-alia, that accused Md. Omar Faruque on 23.02.2000 as marketing officer joined the company named "BRB Cables Industries Ltd." on the basis of his application dated 15.01.2000. During his ...... out the categories of cases where the High Court Division should interfere to quash a criminal proceeding. In that decision this Division observed as follows:- (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on the admitted facts no case c...... Case No.10393 of 2005. Judgment Sheikh Abdul Awal J.- This Rule was issued on an application under section 561A Cr.P.C calling upon the Deputy Commissioner, Kushtia to show cause as to why the proceeding of Kushtia Police Station Case No.28 dated 22.03.2004 under sections 406/420 of the Penal..Category: Criminal Law | Date: | Hits: 92
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
.... imprisonment for one year more. 2. The case of the prosecution as stated by P.W.1, Md. Yad Ali, the informant, in short, was that deceased Shaheda Khatun was his niece and she died on 15th day in any month before two years. Two years before he had gone to the house of his father in law to celebr......he surrounding area. He further deposed that he knew Shunai a rickshaw puller asboth of them used to ply rickshaw from one stand. He further deposed that he knew nothing about the occurrence. At this stage this witness was declared hostile and he was cross-examined by the prosecution. In cross exami......summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined at any stage of any inquiry, trial or other proceeding under the Code, if his evidence appears to it essential to the just decision of the case...Category: Criminal Law | Date: | Hits: 80
....rt furnished by the Deputy Commissioner was missing from the record. However, the report of the Police Super is lying with the record (annex-H). Still the unfortunate father of the martyr did not get any honorarium from the Trust entrusted to do it. In 1999 the Commander of Muktijodhdha Sangsad, Chh......beration in 1971. After completion of successful training at Chottakhola Training Camp in India, he started participating in different battles under the command of Martyr Captain Shamsul Huda. At one stage during the war of liberation he (Tajul Islam) died in a battle against Pakistani occupation ar......ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month.
Mohammad Bazlur Rahman J. - I agree.
Ed.
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Category: Others | Date: | Hits: 103
Md. Shawkat Ali Vs. Director General and others, 2010, 39 CLC (HCD)
.... vested right. The decision of withholding the payment of Government portion of salary falls on the petitioner by way of punishment and punishment cannot be imposed upon the delinquent without giving any opportunity on being heard………………………….(9 & 8) Lawyers Involved: Md......salaries from the month of May, 2005 as shown in the Monthly pay Order of May, 2005 and onward. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 303. ......t the petitioner, after getting appointment as Clerk-Cum-Accountant in the said College joined in the post of accountant on 28.12.1996 and since then he had been serving in the said post. There is no proceeding as initiated by anybody against him. It appears from Annexure-B that his name was duly in..Category: Employment/Service Law | Date: | Hits: 119
Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ar is not a suitable place in view of the fact that it goes under water almost every year and it is threatened by river erosion and given this scenario, the respondent No.1 ought not to have accorded any approval for construction of the new Complex Bhaban on the old site. 8. Mr. Md. Shafiqul Isla......case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ......tion is incompetent in view of the fact that any grievance arising out of a Government decision as to selection of a site for constructing a new Union Parisahd Bhaban can not be examined in a summary proceeding under the Writ Jurisdiction. In support of this submission, he has drawn our attention to..Category: Administrative Law | Date: | Hits: 261
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....and in doing so, in a complaint case, such as the present one, he should consider the petition of complaint, the documents submitted, statements of the witnesses recorded during judicial enquiry if any, report of the Inquiring Officer if any, medical certificate if produced, make such examination,......r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ......defence. Heard the prosecution in details. Perused. On perusal the offence of trespassing and subsequent offence thereby could not be proved.So, the Court hereby discharges all the accused from the proceeding." 4. Being aggrieved by the said order the complainant filed an application before the..Category: Procedural Law | Date: | Hits: 78
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....he appellant is innocent and he has been falsely implicated in this case and that the facts and circumstances of the case and the evidences on record though without cross‑examination do not warrant any conviction of the appellant under the aforesaid charges. Hence the impugned order of conviction ......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ...... heard on behalf of the prosecution only and 28‑1‑90 was fixed for Judgment. It may be mentioned that another application was also filed on behalf of the accused praying for adjournment of the proceeding to allow the accused to move a revisional application before the High Court Division agai..Category: Criminal Law | Date: | Hits: 110
Yunus Molla (Md.) Vs. State, 1995, 24 CLC (HCD)
....Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......amun, Assistant Attorney-General ‑ For the State. Criminal Revision No.447 of 1990. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioner is for quashing the proceeding in Special Case No.500 of 1981 pending in the Court of Divisional Special Judge, Khulna. ..Category: Procedural Law | Date: | Hits: 95
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
.......Plaintiff Vs. MV Yue Yang and others………………………..Defendants Judgment July 30, 1996. Result: The applications are rejected. If the Managing Director of the company has no power under the Articles of Association to file a suit on behalf of the company he cannot...... not void merely because it does not contain the verification clause as required by the Code of Civil Procedure. The omission to verify it is a mere irregularity, which could be cured even at a later stage. Merely on the ground of such a defect the plaint cannot be treated as altogether invalid. In ......e of the suit or would take away a legal right accrued to the defendant by lapse of time. ………………………………………….(30) In an action in rem under Admiralty Jurisdiction the proceeding is commenced by the arrest of the res, the ship, such arrest is not an interlocutory orde..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
.... The State…………………………………Opposite Party Judgment August 22, 2010. Result: The rule is discharged. The Penal Code, 1860 (XLV of 1860), section 405 To bring any person within the mischief of section 406 of the Penal Code, 1860, there must be "entrustment wi...... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......eous Case No.13056 of 2008. Judgment Md. Rezaul Hasan J.- This rule under section 561A of the Code of Criminal Procedure (the code) calling upon the opposite parties to show cause as to why the proceeding of G.R. Case No.9 of 2002 arising out of Kotwali Police Station Case No.9(1)2002 under se..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....iction of the High Court Division under section 561A of the Code of Criminal Procedure if he can make out a case of 'coram non-judice’ of the trial Court or that the facts alleged do not constitute any criminal offence or that the conviction has been based on no legal evidence or otherwise for sec......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......mine any witness on their behalf. The defence case as could be gather from the petition under section 561A of the Code of Criminal Prosecution is the total denial. There, inter alia, case is that the proceeding was initiated in contravention of the provision of Foreign Exchange Regulation Act, 1..Category: Criminal Law | Date: | Hits: 109
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