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Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....ff and appointed him as their attorney to look after, manage, possess, making development and taking care of the tea garden. The plaintiff paid installment and took loan from bank and started a company wherein the plaintiff has been admitted to be a partner of the defendant No.1. It is the fur......e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ......also gone through the said power of attorney deed. Save and except a limited power such as power to manage, making development of the tea estate, power to institute suit, appeal and contest any legal proceeding on behalf of the defendant, no other power has been given to the plaintiff, He is simply ..Category: Civil Law | Date: | Hits: 115
Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)
.... secret information that every day 2 unknown persons used to come through different buses at about 9-30 at night with illegal article wrapped in polythine papers. Accordingly, he along with his accompanying forces lay in wait. No sooner a passenger bus stopped at Mongal Baria Bazar coming from Mohes...... of person wherein his livelihood been physical labour. He is a poor person. Delivering with sale of such phensidyl as and when circumstances appeared. It does not seem unusual that such was also the stage in the instant case. At any rate conviction of 6 years imprisonment for recovery of 15 bottlef......o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ..Category: Criminal Law | Date: | Hits: 104
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....PLD 1969 Lahore 194; BSRS Vs. Mis Ashraf Jute Mills, (1990) 10 BLD (HCD) 344; P.L.C Vs. Improvement Services Ltd, (1986) BCLC 26 Ch. D.; Raj Kumar and Brother Vs. Organic Chem Oils Ltd, (1998) 93 Company Cases 386;Thai Airways International Vs. Air Route Services Ltd, 48 DLR (1996) 412; Eastern Bank......opy of this order be forwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......ated to an interlocutory order of the Company Judge refusing either to dismiss or to stay the winding up application pending before the said Court. It was held by the Apex Court that the winding up proceeding can only be stayed if there was a bonafide dispute regarding the debt or the intention of..Category: Company Law | Date: | Hits: 164
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....n application was filed by one Syed Amir Hossain before the Administrator of Wakfs for removal of the petitioner as Mutwalli of the Wakf estate. Curiously enough, the parties were not allowed to lead any evidence nor the allegations were allowed to be tested by any cross-examination nor the applic......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......tions were allowed to be tested by any cross-examination nor the application for removal of the Mutwalli was supported by any affidavit. This, in our opinion, has cut at the very root of the entire proceeding. Upon what materials the Administrator of Wakfs based his decision to remove the petiti..Category: Trust/Waqf Law | Date: | Hits: 124
Channu Mia alias Yusufuzzaman & others Vs. State, 1983, 12 CLC (HCD)
....sent proceeding against the petitioner was a pending proceeding on the day that Ordinance No. XXIV of 1982 was promulgated. Section 35(c) of Ordinance No. XXIV of 1982 provided that notwithstanding anything contained in any other law for the time being in force or in any amendment made in the Code......of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ......oner. Abdul Wadud Bhuiyan, Additional Attorney-General - For the State. Criminal Revision No.110 of 1983. Order Mustafa Kamal J.-This application u/s. 561A Cr.P.C. for quashing the proceeding in Kotwali P.S. Case No.42(5) 82 u/s. 436/511 of the Penal Code now pending before the Ch..Category: Procedural Law | Date: | Hits: 123
Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)
....hai Airways International Limited Dhaka.....................Petitioner Vs. Air Route Service Limited, others......................Respondents Judgment June 11, 1995. Result: The company, Air Route Service Limited is hereby wound up with immediate effect and the Official Receiver of......ute Service Limited immediately wherever situated and report compliance within 8 weeks from the date of receipt of the drawn up order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 412. ......espondent No.1 to settle its outstanding debts of Taka 4,95,773.00 as per its own schedule within 3 weeks of the receipts of the notices failing which the petitioner would be constrained to institute proceeding for its winding up. A true copy of the said notice dated 4‑11‑92 is annexed to the &n..Category: Company Law | Date: | Hits: 145
Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)
.... defendant respondents that letter bearing Memo No.1617/13C dated 24.8.95 issued by defendant No.1 suspending the plaintiff for 3 (three) months with effect from 26.8.95 is illegal, unlawful, without any lawful authority and is of no legal effect and not binding upon the plaintiff being void and mal...... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ......m in person. It appears that at the meeting before the Executive Committee the plaintiff has not raised any objection against any member of the Committee including the President in taking part in the proceeding of the meeting. When the plaintiff submitted to the jurisdiction of the Executive Committ..Category: Others | Date: | Hits: 154
Sabirannessa and others Vs. Kabir Ahmed and others, 1995, 24 CLC (HCD)
....nary decree and if the same is found to be not in terms and if there is illegality in distribution of the proceeding land this may be interfered with and the learned Assistant Judge has not committed any illegality in passing the impugned order. 5. Admittedly, the trial Court accepted the Commiss......the decree on the ground that it has not been drawn up in accordance with the preliminary decree and some of the parties have not been given any land. 6. There is nothing before this Court at this stage to hold that any of the parties preferred any appeal against the preliminary decree and admitt......iminary decree was made final which was subsequently scaled and signed on 21‑11‑1993 and then Title Execution Case No.1 of 1993 was initiated for getting possession in the land and that execution proceeding is still pending. Thereafter defendants 8Ka‑8Cha and 121 and defendants 67, 37, 1 Cha, ..Category: Procedural Law | Date: | Hits: 112
....g the Judgment of acquittal dated 16‑2‑83 passed in favour of the petitioner by the Summary Martial Law Court No.2, Bogra into one of conviction should not be declared to have been passed without any lawful authority and to be of no legal effect.
2. The Petitioner Abdur Rahman has filed this ......onnection with any other case.
Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 344.
......sons under sections 302/109 of the Penal Code sentencing each of them to suffer imprisonment for life and acquitted the remaining 13 accused persons including petitioner Abdur Rahman. Thereafter, the proceeding was submitted to the Chief Martial Law Administrator under Regulation No.3(2) of the Mart..
Category: Constitutional Law | Date: | Hits: 259
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....nst the defendants from evicting the plaintiff namely Assistant Director of Archeology from the B Schedule property and from charging the nature and feature of the vacant land upon giving lease or in any other way transfer of newly constructed lo shops as described in the schedule C to any third par......the year 1996 Atika Khanam died and she had been holding the post of Chairman of the trust till her death. Thereafter, Ummay Kulsuin Siddiqua Huda became the chairman of the said trust and at a later stage, by the income of the properties the single storied building was developed into a three storie...... Rule under Section 561A of the Code of Criminal Procedure was issued on 23-11-98 calling upon the Deputy Commissioner, Dhaka as well as opposite party No.2, the informant to show cause as to why the proceedings in Mohammadpur PS Case No.40(11) 98 arising out of Petition Case No.4182 of 1998 pending..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....the case, perused the connected papers in the case diary and statements recorded under section 161 of the Cr.P.C visited the place of occurrence on several occasions, that neither the complainant nor any witness cited in the charge-sheet in spite of information and notices in writing appeared, tha...... the trial, if he keeps it waiting until another report should come until whatever is wanting should be made up, he clearly does not take cognisance of the offence. If, therefore, the case is at that stage and a second report is received, showing that no offence is committed, the Magistrate can acce......igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ..Category: Criminal Law | Date: | Hits: 93
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
....Ain, 2003 Mr. Mamunur Rashid submits that from a combined reading of those sections it would be clear that the present petitioner is a 3rd party and it has been consistently held by this court in so many cases that the Artha Rin Adalat Ain being the special statute providing to deposit 25% of the de......, expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ...... 17. In the result, the Rule is discharged without any order as to cost. The order of stay granted earlier by this Court stands vacated. The Artha Rin Adalat concerned, will, however, expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be ..Category: Civil Law | Date: | Hits: 176
Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)
....ejection of the plaint. 2. Plaintiffs‑opposite parties have instituted the suit for declaring an order dated 27‑8‑89 of the defendant No.1 Administrator of Waqfs as void, illegal and without any lawful authority. By this order passed under sub‑section (1) of section 64 of the Waqfs Ordina......edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ...... Section 102 runs as follows : "102. Bar to Suits.‑ Except as otherwise expressly provided in this Ordinance, no decision or order of the Administrator shall be questioned in any suit or other proceeding in any Court." To consider the submissions of Mr. Ali it is necessary at the outset to..Category: Trust/Waqf Law | Date: | Hits: 131
Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)
....and also fact of the instant suit as such, the plaint case has not been proved. Learned Advocate further submits that, excepting this amolnama and rent receipt of 1947 the plaintiff did not produce any rent receipt thereafter even when the suit was filed in 1995; the plaintiff did not produce any ...... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......) 64, it has been held that provision of section 120 of the Evidence Act has removed the disability of the parties to the suit and the husband or wife of any party to the suit to testify in all civil proceedings. And in criminal proceeding against any person the husband of wife of such person shall ..Category: Property Law | Date: | Hits: 134
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....t room and run buffet cars terminable at 6 months' notice. It has further been held in the decision that, under the provisions of section 42 of the Specific Relief Act, 1877 a person entitled "to any legal character" or to "any right to property" can institute a suit for a declaratory relief in ......any law in force. 29. In the instant case plaint has been rejected on the ground of limitation which being a mixed of question of law and fact, is a disputed question, cannot be resorted at this stage. 30. In the case of Jahura Bibi and others Vs. Mr. Habibur Rahman and others, 15 BLD 519, w......o proceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ..Category: Civil Law | Date: | Hits: 200
Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
.... The case has been transmitted to the Special Tribunal No.4, Feni for trial where the same has been registered as Special Tribunal Case No.129 of 2003. 5. At the trial the prosecution examined as many as seven witnesses. The learned judge of Special Tribunal No.4, Feni considered the evidence on ......dinarily criminal proceedings instituted against an accused person must be tired under the provision of the Code and the said proceedings should not be generally interfered with at an interlocutory stage in exercise of the inherent jurisdiction provided under section 561A of the Code. But a pert......eads as follows: Criminal Procedure Code, 1898. "Section 561A.- Ordinarily criminal proceedings instituted against an accused person must be tired under the provision of the Code and the said proceedings should not be generally interfered with at an interlocutory stage in exercise of the inh..Category: Criminal Law | Date: | Hits: 115
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....razing and disclosed. Since Hafiz was on continuous fetters he met entreaties to jail authority to release him from, fetters, but the reply was that the fetters could not be removed as there are too many cases pending against him. Accordingly, he remained on continuous fetters for a period of 33 mon......fore, it is clear that Fazlu Miah has been relieved from the bar fetters since then although we have to consider the propriety of the period for which he had already suffered the same at a subsequent stage of this Judgment. 14. It may be pointed out further that on the death of Salma Sobhan, the ......Singh as a means to extract money from the victim through his visiting relations. Batra braved the consequences of jail indignation and brought the incident to the ken of the Court resulting in these proceedings which, though not strictly traditional, are clearly in the nature of habeas corpus writ ..Category: Constitutional Law | Date: | Hits: 219
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....he learned Advocate on the point of maintainability of the Revisional application submits that the Revisional power of the High Court is a supervisory power which may also be exercised suo moto and any person is competent to bring an illegality into the notice of the High Court and there is no bar......llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ......of the case this revisional application is well maintainable since the Court of appeal below ignoring a decree passed by a competent Civil Court abruptly arrived at a finding in a summary pre-emption proceeding that the deed in question was out and out sale deed though the learned Assistant Judge on..Category: Property Law | Date: | Hits: 117
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
.... and circumstances the present false pre-emption case of the petitioner is liable to be dismissed with cost. 5. That the learned trial Judge on the basis of the pleadings of the parties framed as many as 5 issues for effectual disposal of the case and both the parties in support of their respecti......ation the counter affidavit as well as the supplementary affidavit filed by the petitioner as well as the counter affidavit filed by the opposite party. Only because since the petitioner at the final stage of the case have come with some new facts and filed certain document praying for consideration...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ..Category: Property Law | Date: | Hits: 138
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
....PLD 1955 FC 38; Azizur Rahman Vs. Per Vaizshan and others, 1997 PSC 1329; Fazal Karim Vs. Abdul Manafard and others, 1997 PSC 1163; Federal Radid Commission Vs. Nelson Brothers Board and Mortgage Company and others, (1932) 289 US 266; Virgina Electric and Power Company Vs. National Relations Board, ...... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ......sferees. First to Seventh Opposite Parties are Pre‑emptors. Pre-emptors and father of purchasers are admittedly co-sharers and purchasers are admittedly strangers to holding under Pre‑emption proceeding. Petitioner shall be described as Pre-emptee-Petitioner and First to Seventh Opposite Par..Category: Property Law | Date: | Hits: 116
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