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....l be affected by the execution of the decree. The question whether the suit property is a vested property or not cannot be decided in an execution proceeding and execution of the decree cannot affect any such right of the petitioner.
6. It has already been noticed that Court below was proceeding ......scharged with costs and the order of stay stands vacated.
Let the LC Records be sent down immediately with a copy of the Judgment.
Ed.
This Case is also Reported in: 49 DLR (HCD) (1997) 318.
......f 3rd party petitioner is against order dated 18‑11‑93 passed by the Senior Assistant Judge, Mymensingh, sadar in SCC Execution Case No.2 of 1985 rejecting petitioner's prayer for staying further proceeding of the said Execution Case.
2. Opposite Party No.1 as plaintiff filed SCC Suit No.7 of..
Category: Procedural Law | Date: | Hits: 135
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....r, rejected both the petitions and then sent the case to the Court of Sessions for trial as the alleged offence is exclusively triable by that Court. 4. The informant does not seem to have taken any step against the orders of the Sub-Divisional Magistrate rejecting his aforesaid petitions. On t......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ...... through avoided appearance in Court. If on perusal of the record, of the case and after hearing the submission of the accused and the prosecution it appears that there is no sufficient grounds for proceeding against him the Court may discharge the accused or send the petition of complaint left un..Category: Criminal Law | Date: | Hits: 110
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
.... বয়সসীমা বর্ধিত করিতে পারিবেন।” 4. In view of the Regulations quoted above it is clear that the impugned order of suspension was not made by any competent authority nor it was followed by a departmental proceeding against the petitioner. 180......ed that the petitioner inspected the College for its affiliation but he refrained from submitting inspection report and started bargaining with the College authority for illegal gratification. At one stage; the College authority was compelled to pay Tk. 1,00,000/- to the petitioner as bribe for gett......sha/93/1/7241 dated 21.03.2005. Copy of the notice has been marked as Annexure-'B'. Under the provisions 10(2) of the National University Employees (Discipline and appeal) Regulations, a disciplinary proceeding must be completed within 180 days. Clause 10 of the service Regulations reads as follows:..Category: Employment/Service Law | Date: | Hits: 165
Abdul Gani alias Ganya Vs. State, 2006, 35 CLC (HCD)
....once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ......urther stated that local people apprehended the convict appellant and others on the date of occurrence stating further that she did not see recovery of any arms from the convict appellant and at this stage she was declared hostile and cross examined by the prosecution in which she denied that the co......ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ..Category: Criminal Law | Date: | Hits: 102
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
....lessee, Syed Abdul Ali was a non‑Bengalee and during liberation war in 1971 this Abdul Ali left the county leaving the property uncared for. Mr. Zakir Hossain submits that defendants did not adduce any evidence whatsoever that this Syed Abdul Ali was a non‑Bengalee and he left this country durin......n as because the same address of defendant Nos.1 to 4 was given in the deed of agreement itself. So we find that all these technical objections raised by the learned Deputy Attorney‑General at this stage are not tenable at all. 8. The learned Deputy Attorney‑General further submits that the s...... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ..Category: Property Law | Date: | Hits: 157
Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....tter. Section 561A of the Code clearly lays down that nothing in this Code shall be deemed to limit or affect the inherent power of the Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure th......ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ......trate, Dacca with a direction to appear before the Sub-Divisional Magistrate, Bhola, by 25.11.81. In the meantime the petitioner moved this Court and obtained the present Rule on 23.11.81 and further proceedings in the matter was also stayed by this Court. 3. Mr. B.N. Chowdhury, the learned Coun..Category: Criminal Law | Date: | Hits: 107
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
....ing upon the point as to whether the amendment is necessary for determining the real controversy between the parties. The learned trial Court also overlooked the fact that an amendment can be made at any stage of the proceeding if it does not change the nature, and character of the suit and there is......upon the point as to whether the amendment is necessary for determining the real controversy between the parties. The learned trial Court also overlooked the fact that an amendment can be made at any stage of the proceeding if it does not change the nature, and character of the suit and there is no ......t as to whether the amendment is necessary for determining the real controversy between the parties. The learned trial Court also overlooked the fact that an amendment can be made at any stage of the proceeding if it does not change the nature, and character of the suit and there is no observation m..Category: Procedural Law | Date: | Hits: 118
....charges levelled against the delinquent and if on inquiry the delinquent is found guilty of the charge, the authority is the sole judge as to what sort of punishment should be awarded and accordingly any recommendation made by the Inquiry Committee in respect of punishment to be awarded does not aff......t any illegality or infirmity in the decision of the High Court Division so as to call for interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 263.
......…………..Respondent
Order
August 5, 2007.
Result:
The petition is dismissed.
The Government Servants (Discipline and Appeal) Rules, 1985; Rules 10(8)
In a departmental proceeding the role of the Inquiry Committee is only to help the authority in arriving at a correct ..
Category: Labour and Industrial Law | Date: | Hits: 832
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....ises by the learned SCC Court and the decision of the SCC Judge has been upheld by the apex Court of this country and as such he is a trespasser in the suit‑promises and has no locus standi to file any application for injunction. His further submission is that the plaintiff of the SCC suit i.e. th...... consideration of the same that the learned Subordinate Judge has rightly passed the impugned order in the facts and circumstances of the case and we find no reason to interfere with the same at this stage when the suit has already been finally fixed for hearing. Of course, we feel that the decree......ed 19th February, 1995 passed by the learned Subordinate Judge, 1st Court and Commercial Court, Chittagong in Other Suit No.52 of 1987/Other Suit No.2 of 1992 restraining the defendant appellant from proceeding with the Execution Case No.10 of 1992 pending in the 1st, Court of Assistant Judge, Chitt..Category: Civil Law | Date: | Hits: 130
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....laint under order 6 Rule 17 of the Code of civil Procedure can be allowed. 16. Law relating to the amendment of plaint is envisaged in Order 6 Rule 17 which runs as follows: "The Court may at any stage of the proceeding allow either party to alter or amend his pleadings in such manner and on......t under order 6 Rule 17 of the Code of civil Procedure can be allowed. 16. Law relating to the amendment of plaint is envisaged in Order 6 Rule 17 which runs as follows: "The Court may at any stage of the proceeding allow either party to alter or amend his pleadings in such manner and on suc...... 6 Rule 17 of the Code of civil Procedure can be allowed. 16. Law relating to the amendment of plaint is envisaged in Order 6 Rule 17 which runs as follows: "The Court may at any stage of the proceeding allow either party to alter or amend his pleadings in such manner and on such terms as ma..Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....cation from the opposite party and deviated from its earlier verbal promise of enhancing the cost for the work. The petitioner improperly enhanced the bank guarantee without giving the opposite party any opportunity to show cause, which act damaged the opposite party's business goodwill computed in ......r. The opposite party witnessed a number of deep holes within the site precincts when he along with the engineer of the petitioners Sylhet office, visited the site on 21.1.97. The petitioner, at that stage, minded to fill in those holes, but the filling in process accounted for an enormous length of......lause 28 of the contract document, the matter could not have been referred to the Arbitrator as Article 28 unambiguously and unequivocally stipulated that no dispute should be referred to arbitration proceeding unless the entire work shall have either been completed or been abandoned. Mr. Ahmed also..Category: Alternative Dispute Resolution | Date: | Hits: 218
Dhaka Leather Complex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)
.... 14(2) of the Arbitration Act for an order directing the arbitrator or umpire to file the award in court within a period of three years under Article 181 of the Limitation Act when he did not receive any notice of making the award. 8. In the case before us, the plaintiff made an application on 4-......order as to cost. Order of stay granted in the Rule on 10-9‑2002 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 578....... of limitation in making such application. 6. Secondly, he submitted that the learned Joint District Judge erred in law in disposing of the application without having the record of the arbitration proceeding before him. 7. Submission of M Samad on limitation appears to be correct. Article 181 ..Category: Alternative Dispute Resolution | Date: | Hits: 190
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....nated by the decision of an appropriate authority. The order of termination of the petitioner is ex-facie illegal since the same does not disclose that the Ministry or appropriate authority has taken any decision that the post of Electrical Foreman has to be abolished. The order of termination has b...... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ...... as well as in the supplementary affidavits-in-opposition, the respondents asserted the fact of misappropriation of fund of the Corporation by the petitioner. The respondents asserted that an enquiry proceeding was started by the Corporation against the petitioner in 2001-2002 and the enquiry commit..Category: Employment/Service Law | Date: | Hits: 156
Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)
.... Siddique, Advocate—For the Appellants. Syed Mafizur Rahman, Advocate—For Respondent No.1. First Appeal No. 343 of 2002. Judgment AK Badrul Huq J.- It is wretchedness to observe that many unscrupulous litigants in order to steer clear of order, judgment and decree of courts adopt dub......l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ......ny unscrupulous litigants in order to steer clear of order, judgment and decree of courts adopt dubious ways and take recourse to ingenious methods of presenting fraudulent and untenable litigations/ proceedings to foil judgment, order and decree of courts. Such tendency deserves to be taken serious..Category: Procedural Law | Date: | Hits: 84
....it difficult to come to the conclusion that the High Court Division has wrongly exercised its discretionary powers. What is more, as noticed by the High Court Division, the petitioner failed to bring any departmental proceeding against the petitioner within 5 months from the date of order of suspens......from the date of order of suspension. In view of the above, we find no merit in this petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 239.
......pointment to the post of Managing Director of the Bangladesh Livestock Research Institute he was suddenly placed under suspension by order under memo dated 7th December, 2009 and that no departmental proceeding was drawn up within 5 months till he filed the writ petition on 30th may, 2010 despite is..
Category: Employment/Service Law | Date: | Hits: 251
Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)
....f the decree. Thus it is hopelessly time barred. It also appears that the last Execution Case has been filed after the promulgation of Artha Rin Adalat Ain, 2003 and as per section 60 of the said Act any pending proceeding is to be proceeded with under the provision of new Act and Section 28 of the ......Procedure is of no help. The leave petition do not merit consideration being barred by limitation. The petition is accordingly dismissed. This Case is also Reported in: 20 BLT (AD) (2012) 170. ......ear from the date of disposal of the earlier Execution Case but within 6 years from the date of the decree. The judgment debtor filed an application challenging the initiation and continuation of the proceeding of the Execution Case No.58 of 2004 on the ground that the Execution Case has been filed ..Category: Limitation Law | Date: | Hits: 140
Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)
....h her family members tried to recover the children from the illegal custody of respondent No.1 but respondent No.1 not only refused to return the children but also threatened to kill her if she makes any attempt to recover the detenu children. The petitioner being a British citizen in a desperate at......ure‑I to the affidavit‑in‑oppositions. On that date at 10‑00 PM the petitioner returned home and seeing the respondent No.1 became furious and started abusing him with filthy words and at one stage she threatened the respondent No.1 not to interfere in her way of life otherwise she will kill......lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460...Category: Family Law | Date: | Hits: 166
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
.... case against the accused‑appellants and others submitted charge‑sheet. 3. 7 witnesses have been examined by the prosecution in support of the prosecution case. Defence did not however examine any witness. The learned Assistant Sessions Judge on conclusion of the evidence when he was about to......definition of offence should be stated so as to give a notice to the accused of the matter he is charged with. 7. A charge is an important step in the criminal proceeding. It separates the inquiry stage from the trial. That is to say when the inquiry or investigation ends thereafter the trial sha......ive any specific name so much of the definition of offence should be stated so as to give a notice to the accused of the matter he is charged with. 7. A charge is an important step in the criminal proceeding. It separates the inquiry stage from the trial. That is to say when the inquiry or invest..Category: Criminal Law | Date: | Hits: 144
Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....ormalities and after everything was completed demands and notices were made and issued but the defendants did not execute the kabalas. 3. The defendants petitioners filed written statement denying any contract of sale with the plaintiff opposite party or any payment of money by the plaintiff op......Code of Civil Procedure. To decide upon the aforesaid contentions we have to quote the Order 6 rule 17 of the Code of Civil Procedure which is in the following language :- "The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on su...... Procedure. To decide upon the aforesaid contentions we have to quote the Order 6 rule 17 of the Code of Civil Procedure which is in the following language :- "The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as m..Category: Civil Law | Date: | Hits: 132
Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)
....angladesh Supreme Court to prepare sign and sent a petition of complaint to the concerned Metropolitan Judicial Magistrate against the petitioners and others under sections 465/466/471/475/181/488 or any other suitable penal provisions, annexing photo copies of the forged documents along with the ac......s to him but neither they turned up before the High Court Division nor the petitioner can state their exact place of residence and so it is not possible to verify their existence and in fact, at this stage only the petitioner is available before the High Court Division for shouldering the responsibi.......- This petition for leave to appeal is directed against the judgment and order dated 15.1.2008 of the High Court Division passed in Criminal Rule 187(R) of 2007 giving direction to initiate criminal proceeding against the petitioner and others according to the provisions of sections 476 read with s..Category: Criminal Law | Date: | Hits: 146
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