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Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)
....ioner to file the application by signing the same and that by giving signatures of some other persons the application cannot be said to be a forged document. Secondly, there is no element of fraud or any damage or injury to any authority or person in the petition. He strenuously argued that if the i......n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......ccused petitioner Abul Kashem Bhuiyan sought for quashment of the order dated 19‑2‑97 passed by the learned Magistrate, 1st Class, Khagrachari Hill Tracts in CR Case No.296 of 1996 and the entire proceeding of the said case. 2. The facts relevant to dispose of the Rule, in short, are that, th..Category: Criminal Law | Date: | Hits: 89
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....ported in 41 DLR (AD) 105 our Appellate Division discouraged the restoration of a case when no useful purpose will be served in allowing the such restoration and a litigant instead being benefited in any manner will be driven to a fruitless litigation if restoration is allowed. 5. Let us now deci......for restoration has furnished any explanation for his fault. 10. It is a settled proposition of law that when the taking of evidence has already been closed and date was fixed for argument at this stage interference in the proceeding of a Case in exercising the power under section 561A of the C......ench as none was turned up on repeated call to press the application on 11-12-2011. 2. The accused petitioner filed an application under section 561A of the Code of Criminal Procedure to quash the proceeding of Metro Sessions Case No.7270 of 2009 under section 138 of the Negotiable Instruments Ac..Category: Procedural Law | Date: | Hits: 167
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
....eposit money with them, promising the general public to give 32.5% of profit on deposited amount and the accused persons are sending money abroad to purchase gold which is not authorized by the Company's Memorandum of Articles and the accused persons or Company is an agent of a Malaysian Company a......jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ......inal Miscellaneous Case No. 18334 of 2011. Order Salma Masud Chowdhury J.- This is an application under section 561A of the Code of Criminal Procedure filed by the petitioners challenging the proceedings of Shahbagh Police Station Case No.48 Dated 25-1-2011 corresponding to GR No.48 of 20011..Category: Criminal Law | Date: | Hits: 123
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....ned none. On the completion of recording of oral evidence accused Zakaria Kabiraj was examined under section 342 of the Code when he repeated his innocence and disclosed his unwillingness to adduce any defence witness. 7. The defence case, as it appears from the trend of cross-examination of th......is the boyhood friend of Tipu and Zakaria is the distant relation of Helal. Zakaria was introduced to Tipu through Helal. Tipu used to meet with Zakaria frequently in the house of Helal, at one stage there was a understanding between Zakaria and Tipu that Tipu will purchase some land at Kapasi......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ..Category: Criminal Law | Date: | Hits: 147
Idris Miah (Md.) Vs. State, 1998, 27 CLC (HCD)
....ieved by the above direction given by the Tribunal against them, P.Ws. 1 and 2 preferred the present appeal mainly on the ground that the Tribunal acted illegally in passing the order without framing any charge and without giving any opportunity to the appellants to defend themselves. 3. Mr. Tami......ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ......n the interest of justice that an inquiry should be made is to any offence referred to in section 195, sub‑section (1) clause (b) or clause (c) which appears to have been committed in relation to a proceeding in that Court, then such Court may after such inquiry if it thinks necessary record a fin..Category: Criminal Law | Date: | Hits: 72
....t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
......t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
......nvolved:
Kaisar Ali, Advocate ‑ For the Petitioner.
Civil Order No.5233 (Contempt) of 1997.
Judgment
AM Mahmudur Rahman J.- This application has been filed for drawing up proceeding of contempt of Court against the Secretary, Ministry of Works and the Assistant Secretary..
Category: Civil Law, Contempt of Court Law | Date: | Hits: 99
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....iscellaneous Case laid under Order IX, Rule 13 of The Code of Civil Procedure (For short The Code) is well grounded and well founded, and II. Whether adjudication rendered by Courts below warrants any interference by this Court in exercise of Revisional Jurisdiction envisaged in section 115 of Th...... and Court of its own motion, without serving any notice, can transfer any suit or appeal or other proceeding pending before it for trial or disposal. High Court Division or District Court may at any stage of Proceeding transfer any Suit, Appeal or other Proceeding to any Court subordinate to it. Se......Holder Plaintiffs-Opposite parties, thereafter, filed Title Execution Case No.2 of 2005 and got possession of their shaham property on 24.5.2005. Defendants-Petitioners had been all well aware of all proceedings of Suit and Execution case. 8. Defendants-Petitioners examined one witness in support..Category: Procedural Law | Date: | Hits: 120
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....ctory Ltd. Vs. Chairman, 2nd Labour Court and another, (1992) 44 DLR (AD) 272; Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 28 DLR (AD) 190; Aminul Vs. James Finlay and Company Ltd., 26 DLR (SC) 33; Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 28......ustrial Relations Ordinance, 1969 (in short the Ordinance), submitting their charter of demand on 19.7.2000 to withdraw the termination letters. When the charter of demand entered into a conciliation stage, the respondent-workers filed the instant five Complaint Cases in the First Labour Court, Dhak......scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: | Hits: 138
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
.... of parties and that they filed the application for addition of parties only to delay the disposal of the suit. 13. The point of determination is whether the learned Joint District Judge committed any error of law in passing the impugned judgment and order dated 22.07.2002 and another order dated...... 4. The defendant No.3 and defendant Nos. 8 to 11, 21, 23 and 24 filed two different sets of written statements and contested the suit. 5. The defendant No.1 filed a written statement at a late stage on 28.08.2001 and the learned Court was pleased to accept it and her case, in short, is that A...... are parties to the dispute relating to the subject matter so that the dispute may be determined in their presence at the same time without any protraction, inconvenience and to avoid multiplicity of proceedings. 17. The test is not whether the plaintiff agrees to adding a party as a defendant or..Category: Property Law | Date: | Hits: 85
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....a against opposite party No.1 Pubali Bank Limited on 13‑6‑92 claiming compensation of Taka 31,32,150.00 and for a further declaration that the petitioner is not liable to pay Taka 13,28,270.00 or any other amount to Pubali Bank Limited as claimed by Pubali Bank Limited against LC No. PBL/FEB/SEM......lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ......FEB/SEM/492/88 dated 30‑07‑1988. While both the suits were pending the petitioner filed an application in Money Suit No.185 of 1992 under section 10 of the Code of Civil Procedure for staying the proceeding of the Money Suit till disposal of the earlier title suit filed by the petitioner. The le..Category: Civil Law | Date: | Hits: 171
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....l refers the case of Md. Nurul Islam being dead his heirs Shamsul Islam and other Vs. Abdul Malek reported in 6 BLD (AD) 201 wherein the has been held: "It is true that amendment can be allowed at any stage of the proceeding, but after an inordinate delay it will be inequitable to allow the praye......fers the case of Md. Nurul Islam being dead his heirs Shamsul Islam and other Vs. Abdul Malek reported in 6 BLD (AD) 201 wherein the has been held: "It is true that amendment can be allowed at any stage of the proceeding, but after an inordinate delay it will be inequitable to allow the prayer fo......Rule 17 One of the fundamental principles governing the amendment of the pleadings is that all the controversies between the parties as far as possible should be included and multiplicity of the proceedings avoided. Therefore, amendment of pleadings can be be considered if the proposed a..Category: Procedural Law | Date: | Hits: 114
....dly passed under Order 21 Rule 29 of the Code of Civil Procedure staying proceedings of the said Money Execution Case.
2. Relevant facts, in short, are that the petitioner is a private limited company represented in Bangladesh through its constituted Attorney, Mr. Md. Habibur Rahman, Advocate, ......ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
......ution Case No.4 of 2004 rejecting the application of the petitioner for vacating the Order No.13 dated 27.9.2005 purportedly passed under Order 21 Rule 29 of the Code of Civil Procedure staying proceedings of the said Money Execution Case.
2. Relevant facts, in short, are that the petitione..
Category: Civil Law | Date: | Hits: 178
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....of Gonophone and the directors also executed personal guarantee of the loan of Gonophone. The petitioner, Manik K. Bhattacharjee having resigned earlier as a director of Gonophone, he did not execute any charge documents, letter of guarantee, etc for the said loan. After resignation of the petitio...... order of warrant of arrest is without lawful authority. 6. Respondent No.2 also filed an affidavit-in-reply to supplementary affidavit filed by the petitioner contending, inter-alia, that at this stage, there is no scope to take any new grounds as the petitioner did not take those grounds at the......naging Director of Gonophone appeared in the suit prayed for time for filing written statement. Thereafter, Gonophone submitted an application under section 250 of the Act praying for stay of further proceeding of Artha Rin Suit on the ground of filing of Company Matter No.174 of 2005. The learned J..Category: Civil Law | Date: | Hits: 154
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
....ul Borhan Vs. A.M. Bhuiyan, 15 BLD (AD) 237 and Haider Unnessa and another Vs. Monwara Begum and others, 16 BLD (AD) 280, Federal Radid Commission Vs. Nelson Brothers Board and Electric and Power Company Vs. National Relations Board, (1942) 319 U.S. 533, Gujt Heluering, Commissioner of International......e of Defendants-opposite parties, also, Rent Receipts, Exhibit 4 series. Court of Appeal, also, took into stock Rent Receipts Exhibit "Jaha series" and "Neo" which had been exhibited at the appellate stage from the side of Defendants-Opposite parties. Court of Appeal found that by mutated Khatian an....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ..Category: Procedural Law | Date: | Hits: 155
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
....upon, the defendants claimed the suit land and also threatened to dispossess the plaintiffs; that the plaintiffs were not aware about the wrong SA record and due to this the plaintiffs did not face any difficulty but very recently the defendants have claimed the suit land disclosing that the SA re...... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ......cision of the trial Court is based on no authority. Earlier, wrong record of rights could be corrected by a mere application under section 143A of the State Acquisition and Tenancy Act, 1950. In such proceeding, the aggrieved party was never required to establish title to get an order for correction..Category: Property Law | Date: | Hits: 100
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....ead of returning back the cheque, filed the instant case for the purpose of harassment and malign the image of the accused petitioner before the public eye. The further case of the petitioner is that any offence under section 138 of the Negotiable Instruments Act 1881 was triable by a Metropolitan......nciple of law is that to bring a case within the purview of section 561A for the purpose of quashing a proceeding one of following conditions must be fulfilled; (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stand...... Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the proceedings in Sessions Case No.553 of 2006 under section 134 of the Negotiable Instruments Act 1881..Category: Criminal Law | Date: | Hits: 84
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....r of Imports and Exports, 19 DLR 719; Sugni Chand Dayaram Jalwani Vs. Government of Pakistan, 13 DLR (SC) 233; East Exports Vs. Chief Controller of Imports and Exports, 17 DLR (SC) 508; Furtabpar Company Ltd. Vs. Cane Commissioner of Bihar, AIR 1970 (SC) 1896; Mr. Zakir Ahmed Vs. University of 16 DL......s and papers issued by the Government Agencies, Lloyds Surveyors and the buyers' agents as to the quality of the shrimp exported. The petitioners submitted that after all these inspections at packing stage and at the time and after according approval as to the quality by those agencies, it was absol......valuing Taka 4.29 crore in the local market by sustaining a loss of Taka 2.50 crore. 6. It is further stated that the case was also referred to the Bureau of Anti‑Corruption to initiate criminal proceedings against the petitioners. Ultimately, the Bureau of Anti‑Corruption submitted a report,..Category: Civil Law | Date: | Hits: 140
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
..... The case of the contesting defendant is apparently multi-directional. First line of his defense is that the suit land was not inherited by Kumudini (Defendant No.2), his vendor, from her husband or any one else. It was her self-acquired property as such stridhana. The claim that the land was strid......stitute stridhana. There is none except two records of rights standing in the name of Kumudini and the factum of joint sale for stridhana to stand on. The question would beaddressed at an appropriate stage of our judgment. 21. Taking cue from D.W.1 Kumudini Shill also made an attempt at introduci......ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ..Category: Property Law | Date: | Hits: 107
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....d him by letter dated 31-10-1993 that he was dismissed from service on 21-10-1993 as per Rule 11 of the Non-Government Teachers' Service Rules, 1979 (shortly, the Rules). The plaintiff did not commit any offence under the Rules. Hence, the suit for declaration as mentioned above. 3. Defendant Nos......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......gations made in the plaint. Their positive case is that the plaintiff was not competent for the post of Office Assistant and some charge of misconduct and insubordination was brought against him. A proceeding was held and the enquiry committee submitted a report stating that the charge brought aga..Category: Civil Law | Date: | Hits: 144
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....arties and the defendants did not directly deny this claim of the plaintiff and secondly, it is admitted that Kha schedule land is ejmali and leased out to a third party thirdly,it is not denied that any rental share of that property is not given to the plaintiff and upon the findings he concluded: ......rers. His mother was later added as defendant No.13. The appellants i.e. heir of Abdul Gani and the added defendant No.13 made their appearance in the suit but did not file written statement. At this stage the plaintiff filed an application under Order XL rule 1 of the Code of Civil Procedure, short......is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ..Category: Civil Law | Date: | Hits: 126
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