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Amir Hossain Farhad Vs. Dr. A Mannan, 1991, 20 CLC (HCD)
....for allowing time to deposit the balance amount. Therefore, we are of the view that the Magistrate acted arbitrarily in forfeiting the sum of Tk. 2,72,500.00 deposited by the bidder in the absence of any condition attached to the bid by the bidder‑opposite party specially when the bidder was not p......nd circumstances of the case. We, therefore, find nothing to interfere with the impugned order and accordingly discharge the Rule. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 401. ......ction held on 27.8.88 and forfeiting the sum of Tk. 2,72,500.00 deposited by the bidder‑opposite party being 50% of the bid money. 2. In this case an area of 3.50 acres of land was attached in a proceeding under section 145 CrPC started by the petitioner and a receiver was appointed by the Magi..Category: Others | Date: | Hits: 172
Abul Bashar Vs. The State, 1992, 21 CLC (HCD)
....tion 387 BPC. 4. Mr. Muhammad Shamsul Hoque, the learned Advocate for the petitioner has taken us through the facts of the case. He submits that the allegation made in the FIR does not disclose any offence of extortion as defined under section 383 BPC. The contention of the learned Advocate se...... is thus made absolute. The petitioner should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 391. ...... Criminal Revision No.266 of 1992. Judgment Abdul Bari Sarker J.- This Rule arises out of an application under section 561A of the Code of Criminal Procedure and is for quashing the proceeding of Special Tribunal case No.100 of 1992, pending in the Court of Mr. Krishna Debanath, As..Category: Criminal Law | Date: | Hits: 104
.... Hosiery Mill is a nationalised concern and managed and controlled by the Bangladesh Textile Mills Corporation. The Deputy Commissioner of Taxes completed assessment of the income of the assessee company for the assessment year 1979‑80 on the basis of a provisional return of its income. In computi......ormulated in this application is in the affirmative and against the Revenue.
Parties are to bear their respective costs althrough.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 389.
......t only natural and proper construction which could be placed upon the expression "levy" is "impose" and not to 11 collect". Bombay High Court proceeded to hold that it must mean any step taken or any proceeding initiated for ultimate purpose for determining the liability to the assessee and finally ..
Category: Fiscal/Taxation Law | Date: | Hits: 266
Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)
.... specific provisions made in the Code. The essence of the Code is, to exhaustive so far as it goes and as respective mattes for which the Code expressly provides: there is no room for the exercise of any additional jurisdiction under section 151. The subject of remedies which a party may have if the......r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the impugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ......ting aside the order date 24.08.1983 passed by Munsif 3rd, Court, Comilla in Misc. case No.28/82) Judgment ATM Afzal J. - This Rule, at the instance of the Plaintiff-Petitioner, arises out of a proceeding under Order 9, rule 13 of the Code of Civil Procedure and is directed against the judgeme..Category: Procedural Law | Date: | Hits: 127
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....oad and was caught when arrived near Tayeb All's shop. 4. In the meantime P.W.5 Golam Sheikh and others took the dead body of victim Elias to his house and on hearing the news of murder of Elias. Many neighbors namely P.W.9 Sonai Mallick P.W.20 Aftabuddin, P.W.16 Chutey @Arshad Ali Mir, P.W.14 Ka......ts thereof put his signature in his presence. The confessional statement marked Ext.I and signature marked 1-5. Appellant Nowsher in his confessional statement narrated the entire occurrence from stage of hatching conspiracy of murder to the final stage of execution of the plan of murder of dece......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ..Category: Criminal Law | Date: | Hits: 134
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
....nce. After close of the prosecution witnesses, the accused on dock were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence. 6. The defence case, a s could be gathered from the trend of cross-examination, is ......osecution witnesses are none but hostile/inimical with the accused and, as such, the learned Trial Court committed illegality on relying on their evidence inasmuch as prosecution embellished its case stage by stage by examining the persons who were not charge-sheet witnesses nor some of them implica......down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ..Category: Criminal Law | Date: | Hits: 111
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....t of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the opposite party No.2, Phoenix Leasing Company Ltd. represented by its authorized officer Md. Ruatom Ali Molla, as complainant filed a petition......e 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......f 2007. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued upon the opposite parties to show cause as to why the proceedings in Metropolitan Case No. 2376 of 2006 arising out of petition Case No.2684 of 2005 under..Category: Criminal Law | Date: | Hits: 103
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
....he Code of Criminal Procedure. 10. Mr. SM Shahjahan Kabir, the learned Assistant Attorney General of the State on the other hand submits that the witnesses were examined by the trial Court without any objection from the accused side; that the accused side will not be in any way prejudiced by the ...... 3. The prosecution Case in short is that on 16-6-2001 at about 4-00 PM there was a football match between young boys of Bhuiyan Bari and Nazim Bari on the paddy field in Kachait village and at one stage there was quarrelling between them and ultimately the match was postponed and the parties re......in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524...Category: Procedural Law | Date: | Hits: 129
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....s defendant No.1. The suit was filed with a Court fee of Tk.1.00 for specific performance of contract of an alleged unregistered Bainanama when the petitioner never filed such suit nor did she sign any plaint, verification or Vokalatnama and she knows nothing of the O.C, Suit No.152 of 1980. When ......stifling the proceeding before the prosecution would have any opportunity to prove its case. The Court might be acting on treacherous ground in quashing a criminal proceeding at the interlocutory stage or early stage on the ground that continuation of the proceeding would be an abuse of the proc......or the State. Criminal Revision No.11 of 1983. Judgment Anwarul Huque Chowdhury J. - This Rule arises out an application under section 561A of the Code of Criminal Procedure for quashing the proceeding in Sessions Case No.5 of 1983 pending before Additional District Magistrate, Jessore aris..Category: Criminal Law | Date: | Hits: 117
Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)
....debtor No.1 who filed power and entered appearance and contested the suit on us own behalf and on behalf of the ship as defendant No.2. Defendant Nos.3-7 are the Directors of the defendant No.1 company and they have not appeared in the suit. This is recognized in the judgment itself in as many...... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105.......ested by the judgment-debtor No.1 on the grounds, inter alia, that this execution case has been filed beyond the scope of the judgment and drawn up order of this Court in the main suit. The execution proceeding is available against the mortgaged ship only. It is not available against the assets me..Category: Admiralty Law or Maritime Law | Date: | Hits: 360
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....notice having been issued the defendant No.1 duly appeared in the said suit and on 23‑2‑89 she prayed for time for filing written objection but ultimately, she neither filed written objection nor any written statement and she also did not contest the suit and then on 24‑3‑92 the suit was tak......nstruction, did not contest the suit but the facts remains that the suit dragged for three years and it was expected that within this period the defendant No.1 would have taken care to know about the stage of the suit and further there is also nothing on the record for such laches or filing any comp......laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554...Category: Property Law | Date: | Hits: 104
Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)
....he established rules and norms and it is oppressive in nature, the Court is certainly competent to strike down such an order of suspension, as a malafide act by its very nature is an act done without any lawful authority and, as such not protected by law, and in such view of the matter, the learned ......r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ......laintiff were enquired into by a Magistrate of the 1st Class and on the basis of the enquiry report filed by the learned Magistrate, the plaintiff was placed under suspension pending the departmental proceeding. 5. At the trial, the plaintiff examined one witness while the contesting opposite par..Category: Employment/Service Law | Date: | Hits: 194
Cyma Zarrar Vs. Arab Bangladesh Bank Limited and others, 2010, 39 CLC (HCD)
....ous occasions sent several reminders requesting defendant No.1 to adjust the outstanding liabilities but he failed to do so. Thereafter, the plaintiff bank served legal notice upon defendant No.1 company requesting the company to adjust the outstanding dues within (fifteen) days of receipt of th......t District Judge and Artha Rin Adalat No.3 in Miscellaneous Case No.9 of 2005 are hereby affirmed. There is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 514. ......ed by Mrs. Shahnaj Sultana learned Joint District Judge, and Artha Rin Adalat, 3rd Court Dhaka in Miscellaneous Case No.9 of 2005 rejection the application filed by the petitioner for stay of further proceeding of Miscellaneous Case No.9 of 2005. 4. In Civil Revision No.1919 of 2009 the facts lea..Category: Procedural Law | Date: | Hits: 121
Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)
....ham in the suit land. In their written statement they stated that the suit suffers from defect of parties and all the properties have not been included in same hotchpotch. Asadullah did never execute any deed of gift and the alleged deed of gift is forged. Asadullah died leaving behind only son Kala......Md. Nurul Huda Jaigirdar, Advocate, appearing for the Plaintiffs/opposite parties submits that the documents submitted by the defendant-petitioners cannot be accepted as additional evidence at this stage to fill up the lacuna of defendants, as per the provision of law provides in Order XLI, rule 2......in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ..Category: Property Law | Date: | Hits: 97
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....jointly with defendant Nos.12‑18. Their common case is that the disputed land are accretions to the contiguous Asli land and tile owners of the said had been possessing the same as of right without any apprehension of breach of peace. Their further case is that defendant No.2's predecessor Mofizud......on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......tultala comprised in the permanent settlement estate of Touzi No.120 of Khulna Collectorate and as such the settlement authority treated the former bed of the river as Diara land. Accordingly a Diara proceeding was started, and in the CS maps (sheet Nos.1‑3) prepared in 1922‑23 this Diara land w..Category: Property Law | Date: | Hits: 118
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... further submits that the terms of the agreement to release the 195 War Prisoners in the name of clemency is also without jurisdiction because Article 49 of the Constitution does not allow to release any one without their trial by competent Courts/Tribunal. 5. On the other hand, Mr. Abdus Salam M......ttorney General appearing on behalf the Government submits that the matter having been dealt with by a division Bench has been referred to this Bench by the Hon'ble Chief Justice and that at this stage a prayer not to press the application is misconceived. The learned Attorney-General then bring...... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491...Category: Constitutional Law | Date: | Hits: 314
Babu Khan Vs. State, 2003, 32 CLC (HCD)
....t the accused admittedly being in abscondence ought to have been defended by a lawyer at the cost of the State under Chapter XII of the Legal Remembrance Manual and there being no such appointment of any lawyer the trial from the beginning has been absolutely illegal and hence the impugned judgment ......ter, the learned Deputy Attorney-General finds it difficult to support the impugned judgment and order since from the record it is apparent that the accused was not represented by any lawyer at any stage of the trial. 5. We have considered the submissions made at the Bar and perused the materia......the trial from the beginning has been absolutely illegal and hence the impugned judgment and order cannot sustain in the eye of law. He further submits that the accused appellant was not aware of the proceeding or of the impugned judgment and that being arrested on 29-4‑1995 he came to know of t..Category: Criminal Law | Date: | Hits: 123
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....6 presented both the cheques for encashment but those were dishonoured due to insufficient fund in the account and that on repeated demands of the cheque amount, the accused-petitioner failed to make any positive response. The complainant on 12-6-2006 sent a legal notice under registered post and th......Case No.124 of 2007 is hereby affirmed. 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: 63 DLR (HCD) (2011) 471. ......ner. After appearing before the Court the petitioner obtained bail and then filed an application under section 256C of the Code of Criminal Procedure (the Code) praying for discharging him from the proceeding. In the said application the petitioner stated that the legal notice demanding cheque mon..Category: Procedural Law | Date: | Hits: 114
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
....y and irrational reasons. 7. On the other hand Mrs. Farida Khan, the learned Advocate of the decree holder opposite party submits that in passing the impugned order the Courts below did not commit any error or irregularity as the judgment-debtors willfully disobeyed the Court's order. However s...... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ......of 1989 in the Court of Assistant Judge, Chandanaish, Chittagong for declaration that the order of dismissal dated 8-10-1989 is illegal. The said suit was decree on contest, against which some of the proceeding of the present petitioners preferred other Appeal No.203 of 1992 before the District Judg..Category: Civil Law | Date: | Hits: 166
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....itious, fraudulent, collusive and a mere paper transaction and the entire land of the case khatian along with other land auction sold were within the knowledge of the petitioner and for non taking of any steps for annulling the said auction the purchase right of the petitioner including the right, t......aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......and the sale took place on 25‑4‑1956. He further submits that the learned Assistant Judge was not legally competent to determine the title of the petitioner in the case holding in a pre‑emption proceeding. His further submission was that the learned lower appellate Court has rightly passed the..Category: Property Law | Date: | Hits: 132
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