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Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)
....onths from the date of their knowledge. The High Court Division further held that the pre-emption proceeding was not barred by limitation and the judgment of the appellate Court was not suffered from any legal infirmity. 14. Upon over all security of the materials and the judgment and order of th......ed Senior Counsel for the appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ......ppellate Court being final Court of facts has assessed the evidence to its true perspective and held that the pre-emptor had no knowledge of the case land prior to 01.09.1994 and that the pre-emption proceeding was filed within 4 (four) months from the date of their knowledge. The High Court Divisio..Category: Property Law | Date: | Hits: 84
Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)
....ed 1-4-2004 communicated vide Memo No. স্থাসবি/উপ-১/প১/২০০০/৭৭(১)(৩) (Annexure L) dismissing the appeal should not be declared to have been made without any lawful authority and to be of no legal effect for having failed to conclude the proceeding drawn......of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ......০০০/৭৭(১)(৩) (Annexure L) dismissing the appeal should not be declared to have been made without any lawful authority and to be of no legal effect for having failed to conclude the proceeding drawn against the petitioner within 180 days from the date of service of charge-sheet as ..Category: Employment/Service Law | Date: | Hits: 180
Agrani Bank, Janna Branch, Manikganj Vs. AFM Emamul Huq, 1998, 27 CLC (HCD)
....rting the money suit into Artha Rin Adalat Suit as the suit has been filed against an employee of the bank who has misappropriated the bank’s money. There is no prayer for realisation of money from any loanee. The Artha Rin Ain is meant for realisation of money from the loanee who took the loan fr......within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173.......money suit to a Artha Rin Adalat suit we are inclined to set aside the judgment and decree passed by the trial Court and send the suit back on remand for fresh trial in accordance with law. 7. The proceeding from 26.11.96 before the Artha Rin Adalat till passing of the decree is no proceeding in ..Category: Civil Law | Date: | Hits: 202
Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)
....sain, the learned advocate for respondent No.6, submits that the said respondent is working as Panel Mayor of Teknaf Pourashava in accordance with law. The petitioner filed this writ Petition without any basis just to harass the elected Panel Mayor of the Pourashava. The counselors of the Teknaf Pou......acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360....... 14.05.2008 during care taker government and which has been repealed by the Local Government (Pourashava) Act, 2009 (Act 58 of 2009) published in the official gazette on 06.10.2009 thus no confidence proceedings has been completed under the Act 2009 and as such the very initiation of the proceedings..Category: Others | Date: | Hits: 136
....
4. The previous Vice-Chancellor of the National University, Professor Aftab Ahmed joined as Vice-Chancellor on 05.07.2003. Thereafter from 17.11.2003 to 04.01.2004 he appointed 331 persons without any advertisement, without any selection committee and without maintaining the quota system. This wa......ntees joined on the day of the appointment or on the following date violating all norms and rules. This indicated that there were private arrangements of incentives not recognized by law. But at that stage the Writ Petitioner or the present petitioner did not have specific and conclusive evidence to......ed in page 154 of 46 DLR (AD) have made the following observation, “In our view the High Court Division, while exercising the jurisdiction relating to a civil matter, is no doubt in seisin of civil proceeding but it has to be borne in mind that this original constitutional jurisdiction of the High..
Category: Administrative Law | Date: | Hits: 371
Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)
....er due investigation submitted charge sheet against the accused appellants and others. 3. In all 16 witnesses were examined by the prosecution in support of the charge. The defence did not examine any witness. The defence case, as it appears from the trend of the cross‑examination of the prose......nt in the tea-stall of Sultan Chowdhury or at the time when there was altercation between Rashid and Siraj. We find the prosecution witnesses have mentioned the names of Rashid and Shava at the final stage. The presence of other accused at the scene of occurrence at that point of time has not been e......t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ..Category: Criminal Law | Date: | Hits: 117
Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
....ner to appear before the disciplinary committee. On 20.7.95 the petitioner appeared and he was examined by the committee. Before the disciplinary committee, the petitioner refused that he had brought any local lady guest with him. Again, it was brought before the executive committee on 23.7.95. The ......ration. I feel strong inclination to interpret the same and to comment which is needed. But in the present part of the litigation which is before me, I should not, so I refrain from doing so. At this stage, I am also restrained by the Settled principle of law to comment on the merits of the case of ...... the club. Mr. Bhuiyan also submits that the action is not illegal, malafide and uncalled for one. According to him, the provision of article 35 of the Memorandum of Articles provides that if after a proceeding under article 34 in the opinion of the executive committee it is essential in the interes..Category: Civil Law | Date: | Hits: 110
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
....e contesting defendants partitioned their joint property as sons of Kamal Gazi by a registered deed of partition dated 3.1.67. They also pleaded that the plaintiffs and defendant No.1 did not acquire any title to the property as their predecessor Akram predeceased Kamal Gazi, The learned Subordi......ling which it shall be effected by a Commissioner appointed by the Court. Having regard to the facts and circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (198......d circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11...Category: Property Law | Date: | Hits: 93
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
....upon section 141 of the Code of Civil Procedure which provides that the procedure provided in the Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of Civil jurisdiction. He submits that the remedy of a review under Order 47 rule 1 of the......ppellate Court below calls for any interference in revision. In the result the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ......he question involved in this Rule is whether the appellate Court below has the power to review its own Judgment under Order 47 rule 1 of the Code of Civil Procedure, the appeal having arisen from a proceeding u/s. 96 of the State Acquisition and Tenancy Act for pre-emption. 2. The miscellaneous..Category: Procedural Law | Date: | Hits: 119
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
....ed 20-10-93 of the petitioners as students of Chittagong Medical College passed by the Respondent No.1 as evidenced by Annexure-13 to the petitions should not be declared to have been made without any lawful authority and of no legal effect or such other or further order or orders passed as to th...... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ......on and discipline of the college. In such circumstances we are of the opinion that the principal of Chittagong Medical College being the head of the college is the lawful authority to initiate the proceeding against the petitioners and impose appropriate punishment for the breach of discipline ..Category: Others | Date: | Hits: 168
Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)
....ers are, therefore, not liable to be set aside. In view of the opinion we have expressed, it is clear that the learned Subordinate Judge has jurisdiction to try and dispose of the three suits without any need for transfer of the said suits from his Court to the Court of the learned District Judge. T......strument in writing containing an unconditional undertaking, signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or the bearer of the instrument. At this stage Mr. Ansarul Hoque submits that it was a mistake on his part to have mentioned at the beginning......tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ..Category: Civil Law | Date: | Hits: 87
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....n Office from the date of lodging the FIR as per provisions of Rule 4 of Durniti Daman Ain, 2004. He further submits that the police was not authorised to take the petitioner in custody before filing any case. 4. Mr. AKM Fazlul Hoque, the learned Advocate appearing for the respondent No.2, submit......ubmission of police report or complaint or after taking cognizance thereon. In the case of Khorshed Alam Vs. State, reported in 27 DLR 111 it has been held that, "The word 'cognizance' refers to a stage of mutual condition at which the Magistrate or a Judge decide upon taking necessary steps to i...... Haque, Advocate—For the Respondent No.2. Writ Petition No.6480 of 2008. Judgment Hasan Foez Siddique J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the proceeding in GR case No.159/2008 arising out of Mithapukur PS Case No.33 dated 18-4-2008 under Sect..Category: Anti-Corruption Laws | Date: | Hits: 142
....le to evade government revenue and release the imported goods through the order of this Division as stated above.
4. Thereafter by mentioning above allegation the Respondent No.1 without issuing any show cause notice canceled the C & F Agent License of the petitioner on temporary basis by t......aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 49.
......986 canceling the license of the petitioner as C & F Agent is palpably illegal and without lawful authority in that the respondent No.1 in so doing did not issue any show cause notice and that no proceeding before taking such decision under section 19 or 21 had ever been taken by the authority i..
Category: Business or Commercial Law | Date: | Hits: 656
Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....dmitted that the project was adversely affected by the new Drug Policy of 1982. 8. Article 32 of the BSB Order empowers the Bank to ask an industrial concern to repay the entire loan in spite of any term stipulated in the agreement. The petitioner by the initial agreement was required to re......ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ...... Deputy Attorney General—For the Respondents. Writ Petition No. 4 of 1988. Judgment Syed Misbahuddin Hossain J.- This Rule Nisi was issued calling upon the respondent to show cause why the proceeding in the Certificate Case No.Shilpa-1/86-87 pending before the General Certificate Officer ..Category: Civil Law | Date: | Hits: 171
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....testing defendants, the plaint of the suit was not rejected by the learned Munsif, rather the suit was found to be maintainable. It is also admitted that Order 43 of the C.P.C. does not provide for any appeal against an order passed under Order 7, rule 11. Had it been a case of rejection of the pl......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......ceedings, is not enough to attract the operation of the principle of res judicata. It has to be shown that such a common issue has been heard and finally decided by the Court in the earlier suit or proceeding. Apart from that, some other conditions have also to be fulfilled to attract the bar of r..Category: Procedural Law | Date: | Hits: 174
Abdus Satter Bhuiya Vs. Deputy Commissioner Dhaka & Others, 1988, 17 CLC (HCD)
.... Anti-Corruption Officer cannot file Non F.I.R. Case under section 175 of the Penal Code which is a non schedule offence. 4. Section 94 of the Code of Criminal Procedure provided that whenever any Court or any Officer-in-Charge of a Police Station considers that the production of any document......tan Magistrate, Dhaka has not committed any illegally in taking cognizance and there is no abuse of the process of the Court and there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summarily. Ed. This Case is also Reported......t or any Officer-in-Charge of a Police Station considers that the production of any document or other thing is necessary or desirable for the purpose of any investigation, inquiry, trial or other proceedings under this code by or before such Court or officer, such Court may issue summons or such..Category: Procedural Law | Date: | Hits: 118
Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
....se Court Judge the plaintiff has obtained the present Rule in this Court. 6. Mr. Subodh Ranjan Dutta, the learned Advocate appearing for the petitioner, has submitted that in the absence of any written contract between the plaintiff-landlord and the tenant-defendants the rent was payable w......of the Ordinance is not attracted. 27. The information slip Annexure A showing that the transmission cost was not deposited in the Rent Control Case, I think, can not be looked into at this stage because it not being a public document the matter should have been raised before the trial Cou......ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is decreed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ..Category: Tenancy Law | Date: | Hits: 214
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
.... is not competent to call for the record and take cognizance of a case initialed under the Special Powers Act. Secondly, the Sessions Judge while acting as Special Tribunal can take cognizance of any offence under the Special Powers Act on the report in writing submitted by a competent police of...... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ......dvocate-For the State. Criminal Revision Case No.35 of 1989. Judgment Habibur Rahman Khan J. - This Rule was issued calling upon the Deputy Commissioner, Dinajpur to show cause as to why the proceedings of Special Tribunal Case No.2 of 1989 pending in the Court of Sessions Judge (Special Tr..Category: Criminal Law | Date: | Hits: 103
Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....prayers made in Title Suit No.356 of 1984. It prayed for a declaration that the claims of the opposite party have been fully paid off and its claim of Tk.37,02,197/00 as per letter dated 2.12.80 or any amount is illegal and void, that the showing of Tk.1,10,45, 529/= as due from the plaintiff-peti......itioner, submits that the Title Suits filed by the petitioners is an earlier proceeding and the Miscellaneous Case No.66 of 1985 has been started at the instance of the opposite party al a subsequent stage. Since the subject mailer as well as the parties of both the proceedings are the same the lear......ccordingly and a decree be passed for recovery of Tk. 19.38,963.66 against the opposite party. 3. The opposite party filed a written statement denying the allegations. While the aforesaid suit was proceeding the opposite party-Bank filed an application under Article 33 of Bangladesh Shilpa Bank..Category: Civil Law | Date: | Hits: 119
Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)
....District and he had implied authority to conduct all criminal cases for administration of criminal justice and as such no specific order is also necessary on behalf of the Government for revival of any case. 5. Since, this Rule involves the question of revival of a case under section 339D of ....... The Sessions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ...... 302/114/34 of the Penal Code against the accused persons. Thereafter the case records were received by the Sessions Judge, Tangail on 9.12.86 and the case remained pending till 5.12.87. Subsequently proceeding was stopped under section 339C of the Code as the time for trial expired. Ultimately, o..Category: Procedural Law | Date: | Hits: 143
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