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Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)
.... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ......n of withdrawal that the suit land being accreted char lands have been vested in the Government under P.O. 72/72 and P.O. 137/72 and the Government have already leased out the same and all suits, proceedings relating to such accreted lands are barred by the said President Orders, the object and ..Category: Procedural Law | Date: | Hits: 82
....ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
......and accordingly the Secretary sent a report to the CMLA Secretariat under Memo No. EI/7/84-260 dated 19.5.85 stating that there was no material against the petitioner for drawing up of a departmental proceeding. But in the meantime, on the basis of the enquiry report headed by Joint Secretary, the..
Category: Employment/Service Law | Date: | Hits: 209
Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others, 2001, 30 CLC (HCD)
....t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ......Director, Bureau of Anti-Corruption, Dhaka and others, reported in 1998 BLD 167 it was observed that under section 5 of the Banker’s Books Evidence Act, 1891 no officer of a bank shall in any legal proceeding to which the bank is a party be compelled to produce any Banker's Book or to appear as wi..Category: Criminal Law | Date: | Hits: 305
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
....pping payment in the instant case does not therefore save the accused from the liability of the offence punishable under section 138 of the Act. The petitioner could not make out a case calling for quashing the proceeding. 23. We met 3rd contention of the accused petitioner that there has bee......d thereafter the same has been transferred to the Court of learned Assistant Sessions Judge 3rd Court, Rajshahi and the case is still pending for trial. 6. Being aggrieved by and dissatisfied with proceeding of Sessions case No.666 of 2007 arising out of CR Case No.274 of 2007 under section 138 o..Category: Criminal Law | Date: | Hits: 94
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......nner to be determined by the board and refer the returns to the Deputy Commissioner of Taxes for the purpose of audit under sub-section (3) of section 82BB, no authority has the power to initiate any proceeding under the provision of section 82BB (3) or any other provisions of the Ordinance. On the ..Category: Fiscal/Taxation Law | Date: | Hits: 167
AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)
....he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455.......er was acquitted and filed petition to the respondents to withdraw the suspension order and to reinstate him in service. But the respondents without paying any heed to his prayer started departmental proceeding for further inquiry and suspended the petitioner from the service. Being aggrieved petiti..Category: Employment/Service Law | Date: | Hits: 147
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....ode of Criminal Procedure. But without waiting for that stage the petitioner straightway came to the High Court and preferred this application under section 561A of the Code of Criminal Procedure for quashing the proceeding which is pre-mature. On point of law when it was inquired that whether secti...... This rule was issued on anapplication under section 561A of the Code ofCriminal Procedure being preferred by the accusedpetitioner calling upon the Deputy Commissioner,Dhaka show cause as to why the proceedings ofSpecial Case No.2 of 2003 arising out of GR No.80of 2002 corresponding to Motijheel PS..Category: Criminal Law | Date: | Hits: 137
Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not maintainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ......peal. But we do not accept this argument of the learned Advocates for the respondents in the given facts and circumstances of this case. In this case the writ petitioner has actually challenged the proceeding of Artha Execution Case No.215 of 2004 on the contention that the final decree on the bas..Category: Civil Law | Date: | Hits: 134
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ......ubmits that all the P.Ws. are interested witnesses as well as the evidence namely documentary evidence upon which the Courts below relied relates to a criminal case which is not admissible in a civil proceeding. Apart from that she submits that the present petitioners are bona fide purchasers establ..Category: Property Law | Date: | Hits: 90
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......ts in that direction. He further submitted that the court has enough power under Order VI rule 17 of the Code of Civil Procedure to allow any party to alter or amend his pleadings at any stage of the proceedings when such amendment is found necessary for the purpose of determining the real question ..Category: Property Law | Date: | Hits: 94
.... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
......Court. The Adalat then on hearing both the sides by order dated 17-8-97 rejected the petitioner’s prayer holding that as the plaintiff is a registered Co-operative Credit Society there is no bar in proceeding with the suit before the Artha Rin Adalat. It was also observed that previously also the ..
Category: Civil Law | Date: | Hits: 135
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......rson is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.” Section 102 of the said Act enjoins as follows: “The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.” ..Category: Procedural Law | Date: | Hits: 103
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ......the apprehension is based on publication of the news in a newspaper. The High Court Division will exercise its power under Article 102 of the Constitution when it finds that an act has been done or a proceeding has been taken in violation of a Constitutional or legal right of a person or group of pe..Category: Constitutional Law | Date: | Hits: 421
....ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......li and he was never named as Abdur Rahman and the deeds in question, for which the pre-emption is sought for were executed and registered in the presence of the petitioner during his majority and the proceeding was not instituted within time as prescribed under section 24 of the Non-Agricultural Ten..
Category: Property Law | Date: | Hits: 113
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....that by the application under Articles 102(2) (b) (i) of the Constitution the criminal proceedings as stated above could not be challenged in view of the fact that there was an alternative remedy for quashing the proceedings under the Criminal Procedure Code. Further, both the petitioners, in fact, ...... from her son (in jail), she had no other alternative but to file the present Writ Petition on behalf of her son challenging the validity of the Indemnity (Repeal) Act, No.21 of 1996 and the criminal proceeding as stated above. 5. In this connection a short background of the occurrence requires ..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....ment proceeding was brought when the criminal case was under investigation. We hold the view that not the criminal case in its real sense starts before taking cognizance; and as such, the question of quashing a first information report case under investigation does not arise. In this respect, the le......5. Judgment Khandaker 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 GR No.117 of 2005 arising out of Gaibandha PS Case No. 7 dated 7-4-2005 then pending ..Category: Criminal Law | Date: | Hits: 101
....the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417.......other, reported in AIR 1969 SC 297 in support of his submissions.
13. Order 1 rule 10(2) of the Code of Civil Procedure gives wide power to the Court to add any party to a suit at any stage of the proceeding if it is found necessary for effectual and complete adjudication of all questions involve..
Category: Civil Law | Date: | Hits: 101
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......ged recovery was made in pursuance of trap case which was not at all proved by the prosecution as such no recovery was made from he accused-appellant of the marks note which has been used in the trap proceeding and therefore the impugned judgment is bad in law as well as against the proceeding of tr..Category: Criminal Law | Date: | Hits: 142
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ......y held at the instance of the decree-holder bank, the auction sale was confirmed by the Court and the decree-holder bank already withdrawn the bid money resulting in the completion of the execution proceedings." 18. The above decision is distinguishable with that of the present one. On the pres..Category: Civil Law | Date: | Hits: 229
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......he case against them they remained absent and absconding even till conclusion of trial and pronouncement of judgment by the court. Long absence and absconsion with guilty mind and knowledge about the proceeding against them strong presumption can be taken against the appellants. 11. Learned Assis..Category: Criminal Law | Date: | Hits: 103
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