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Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....the First information Report is founded on the basis of the Second summary and the facts disclosed in those papers including First Information Report, 161 statement and charge‑sheet do not disclose any offence for which the charge has been framed against the petitioner and there being no foundatio......nder section 5(2) of Act II of 1947 cannot be said to have been framed without any material disclosing the accusation against the petitioner and upon such view held that the proceeding at the initial stage, when the Special Judge came to the conclusion that a prima facie case has been made out, cann......al ‑ For the State. Criminal Revision No.365 of 1992. Judgment A M Mahmudur Rahman J.- This Criminal Revision under section 561A of the Code of Criminal Procedure is for quashment of the proceeding of Special Case No.1 of 1992 of the Court of Special Judge, Dhaka arising out of Motijhee..Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
.... which runs as follows: "195. (1) No Court shall take cognizance‑ ……………………………………………………………………………………………. (c) of any offence described in section 463 or punishable under section 471, section 475 or section 476 of ......e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......sion No. 3668 of 1991. Judgment Mahfuzur Rahman J.- This rule was issued at the instance of the accused‑petitioners under section 561A of the Code of Criminal Procedure for quashing the proceeding of Cr Case No.270 of 1991 pending in the Court of the Upazila Magistrate, Paikgacha, Dist..Category: Criminal Law | Date: | Hits: 142
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....iminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), promulgated on 21.8.82. Section 29C was as follows:- "29C. Offences not punishable with death. Notwithstanding anything contained in section 29, the Government may invest the District Magistrate, Additional Dist......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......nal Revision Case No.47(d)/82 preferred against the order dated 9.11.82 passed by Mr. Tayabur Rahman, Magistrate, 1st Class, Hatiya declaring the possession of the opposite party Nos.1 and 2 in the proceeding land in N.G.R. Case No.14/78 under section 145 of the Code of Criminal Procedure. 3. B..Category: Criminal Law | Date: | Hits: 158
Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)
....-rule (2) of rule 34 of Order 21 of the Code of Civil Procedure that the Court shall cause the draft document to be served on the judgment-debtor together with a notice requiring the objections, if any, to be made within a stated time. The judgment-debtor-appellants clearly stated that the said ......execution case and did not pass any order on any objection to the draft document. In that view of the matter, this was an order open to revision and not appeal. 9. Mr. Meah Abdul Gafur at the last stage prayed that this Court may be pleased to convert the appeal into a revision. 10. In the int...... the draft document. The learned Subordinate Judge simply overlooked the submissions of the appellants. He considered the appellant's application to be merely an application for stay of execution proceedings, without applying his mind as to the cause or causes which led the judgment-debtor-appel..Category: Property Law | Date: | Hits: 140
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
.... that there is no bar in Order 6, rule 17 C.P.C. to seek amendment of the plaint after filing of the written statement by the defendant. Order 6, rule 17 C.P.C. reads as under: "The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and......t there is no bar in Order 6, rule 17 C.P.C. to seek amendment of the plaint after filing of the written statement by the defendant. Order 6, rule 17 C.P.C. reads as under: "The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on ...... not support the contention of Mr. Das that a plaint can not be amended after filing of the written statement by the defendant. Order 6, rule 17 C.P.C. provides that 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 a..Category: Procedural Law | Date: | Hits: 133
Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)
....ns 395 and 397 were omitted from the Special Powers Act by Ordinance No.XL of 1977 which was published in the official gazette on 23.8.77 and so taking cognizance of the case on 27.5.78 was without any jurisdiction and as such all subsequent proceeding and the final order of conviction and sente......each while acquitting others, by a Judgement and order dated 26.4.83. 3. The petitioner was tried, in absentia, and it is stated in the petition that the trial was beyond his knowledge and at no stage of the case notice, summons or warrant was served upon him nor return received in Court. H...... but as the said Tribunal had no jurisdiction to condone the delay the petitioner had to withdraw the appeal on 19.7.87. He thereafter, filed the present application praying for quashing the entire proceeding of the special case. 4. Mr. Enayet Peer Khan, the learned Advocate appearing for the a..Category: Criminal Law | Date: | Hits: 120
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....tion witness Ramiz and Razzak and others came to the place of occurrence and they also tried to rescue the informant and his brother but they were also beaten by lathi, Sulfi, etc. by the accused. Many people came to the place of occurrence thereafter and were told about the occurrence. They broug...... It is argued that since charges under section 148/302/149 of the Penal Code have not been brought home by the prosecution, the accused appellant cannot be convicted u/s. 302 or that at the appellate stage no alteration of charge is permissible under law. 16. Section 423(1)(b) Cr.P.C. empowers th......d under section 148 I.P.C. for being armed with a pistol while engaging in a riot. The absence of specific charge against Suraj Pal u/s.307 and 302 I.P.C. was regarded as a very serious lacuna in the proceeding and it was considered whether this lacuna had prejudiced him in his trial. It was obser..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....92-Appeal dated 24.1.84 (Annexure K) rejected the appeal. Under section 4 of the Board Act a right of review within 60 days of the order has been provided for but the respondent No.4 did not prefer any application for review. Instead, he preferred an incompetent appeal before the Ministry of Lan......ed in 1970. Thereafter the heirs of Syed Ashraf Ali, namely, the respondent No.4 and his brothers and sisters requested the said licencees to surrender possession of the structures to them. At this stage they became hostile and instead of complying with the request they approached one of the sons ......w that the Ministry of Land Administration and Land Reforms has since reversed the order of the Board of Land Administration exercising appellate powers under section 147 of the Act in a mutation proceeding under section 143 of the Act, allowing the objection of the respondent No.4. The petition..Category: Property Law | Date: | Hits: 129
....e left this country in 1053. Thereafter, one Abdul Kader, a non local, had been residing in the holding with his family and also inducted some other persons in the suit holding as his tenants without any lawful authority. That the said unauthorised occupant Abdur Kader recently demolished the shed i......nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
......property was enlisted in the cause list of vested and non‑resident property. He stated that the Ext.-B is the death certificate of Ram Chandra Paul. He was not present at the time of hearing of the proceeding of correction of record of rights. RS record stood in the name of the plaintiff. The plai..
Category: Property Law | Date: | Hits: 134
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....oceedings) which is really meant and created for its defence. “The writer further proceed to write” in the last attempt the High Court served show cause upon the speaker and asked him not to pass any ruling for time being regarding resignation of opposite MPs. And the speaker also did not hesita......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......n J Mahfuzur Rahman J Judges of the High Court Division............Petitioners Vs. Ashok Kumar Karmaker and others..............Respondents Judgment June 29, 1995. Result: The proceeding for contempt is dropped against Contemners. Cases Referred to- Quintin Hogg Case, (..Category: Criminal Law | Date: | Hits: 149
Shahidullah Kazi, Amjad Hossain Vs. State, Abul Kasem, 1995, 24 CLC (HCD)
....et was not submitted within 30 days of lodging of the FIR as required under section 15 of the Santrash Mulak Aparad Daman Ain and the same was submitted beyond the period of 30 days without obtaining any extension of time from the tribunal as required as under sub-section (2) of section 15 of the sa......Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ......amun, Assistant Attorney-General - For the State. Criminal Revision No.1106 of 1993. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioners is for quashing the proceedings of Santrash Daman Tribunal Case No.5 of 1993 pending in the Court of Santrash Mullak Apa..Category: Criminal Law | Date: | Hits: 97
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....ets and liabilities and the Bureau would have taken action against him if his properties were found disproportionate to his known, sources of income. It further "appears that complainant did not send any rejoinder to the editor of the Weekly Bichitra (present petitioner) claiming that the said repor......motive.” 14. In the instant case time for discharging onus by accused petitioner has not yet arisen since prosecution has not yet adduced evidence after framing of the charge on 15.5.91 and that stage would arise after closing of the prosecution case. So at this stage it cannot be held that the......Party. Criminal Revision No.1165 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioner Shahadat Chowdhury, Editor, Weekly Bichitra is for quashing the proceedings of CR Case No.2041/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka. ..Category: Criminal Law | Date: | Hits: 125
Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)
....tible under section 96 of the Act does not include homestead as defined under section 2(14) of the Act which is as follows: "homestead' means a dwelling house with the land under it, together with any Courtyard, garden, tank, place of worship and private burial or cremation ground attached and ap......nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ......he opposite party 3 to stranger opposite party 1 on 13.7.79 without serving notice to the petitioners under section 89 of the Act. As opposite party the present petitioner contested the pre‑emption proceeding on the ground that the case was barred by limitation, pre-emptors were not co-sharer and ..Category: Property Law | Date: | Hits: 106
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....e tenancy whose interest has accrued otherwise than by purchase; or (b) a transfer by exchange or partition; or (c) a transfer by bequest or gift (including Heba but excluding Heba-Bil-Ewaz for any pecuniary consideration) in favour of the husband or wife of the testator donor, or of any relat......llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......f filing of pre‑emption case. So pre‑emption in the instant case should have been refused by the Courts below. In the case of Md. Abbas Ali Vs. Md. Osmn Ali and others reported in 37 DLR 324 in a proceeding under section 96 of the Act (Para 12) it has been held as under: "The vendee is not ob..Category: Property Law | Date: | Hits: 127
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....the said appeals by the same judgment as follows: 4. The plaintiffs case is that, he filed the aforesaid Money Suit on the facts, inter alia, in short, that, the plaintiff is a private limited company and has a freezing plant in Chalna and engaged in the business of processing, storing, freezing ......ll all over the country during the night of 28th November”. 25. Though the above newsletter cannot be treated and used as an evidence in the case as having not been admitted into evidence at any stage, the above quoted information published by a Government Department under its due authority and......empts thereat, collapse of buildings, flood, inundation, earthquake, subsidence, landslide, avalanche, hurricane, cyclone/volcanic eruption or other natural catastrophes. In any action, suit or other proceeding where the insurer alleges that by reason of the provisions of Exclusion a) above any loss..Category: Business or Commercial Law | Date: | Hits: 522
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....nvolved in the suit being Other Class Suit No.3 of 2010 was mortgaged by Capital Ship Breakers Ltd. to Islami Bank (Bangladesh) Limited as co-lateral security of loan availed by M/s. MA Salam and Company; thereafter on 4-11-91 Capital Ship Breakers deposited title deeds relating to the said suit p......uiyan placed reliance in the case of Al-Baraka Bank Vs. Rina Alam reported in 56 DLR 588. 16. Secondly, the plea of res judicata in the facts and circumstances of the case is not available at this stage inasmuch as question of maintainability of the suit cannot be gone into at the time of decid......ith the procedure for attachment and issuance of sale proclamation as provided by Rule 44 to 66 of Order XXI of the Code of Civil Procedure, therefore, Mr. Bhuiyan submits that in the absence of such proceedings the alleged sale by the Artha Rin Adalat and the executing Court to Mr. Mohammad Ali app..Category: Civil Law | Date: | Hits: 235
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
....n 195(1)(c) of the Code of Criminal Procedure provides that no Court shall take cognizance of the offence described in section 463 of the Penal Code alleged to have been committed by a party to any proceeding in any Court in respect of any document produced or given in evidence in such proce...... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433.......f 1988. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Dhaka and complainant opposite party No.1 Md. Zakaria to show cause why the proceedings in petition Case No.757 a1 of 1986 under section 467 of the Penal Code pending in the Co..Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
.... 3. The plaintiffs' case, in short, is that the defendant No.1 Abul Hasan Khan and other 15 members of his family were the partners of M/s. East Pakistan Aluminium and Iron Manufacturing Company, now Bangladesh Aluminium and Iron Manufacturing Company having office and factory at plot No.11...... 2. No documentary evidence in the possession or power of any party which should have been but has not been produced in accordance with the requirements of rule 1 shall be received in any subsequent stage of the proceedings unless good cause is shown to the satisfaction of the Court for the non-pro......entary evidence in the possession or power of any party which should have been but has not been produced in accordance with the requirements of rule 1 shall be received in any subsequent stage of the proceedings unless good cause is shown to the satisfaction of the Court for the non-production there..Category: Business or Commercial Law | Date: | Hits: 349
Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)
....n of Khalilur Rahman @ Ismail, the accused petitioner herein at the Sultana Rezia Market, Armanitola, Dhaka. He was arrested under section 54 of the Code of Criminal Procedure as he could not produce any valid paper or satisfactory answer relating to the said statue. On investigation it was learnt t......ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ......al — For the State. Criminal Miscellaneous Case No.2214 of 1995 Judgment ABM Khairul Haque J. - This Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why the proceeding being Special Tribunal Case No.259 of 1995 pending against the accused petitioner and ano..Category: Others | Date: | Hits: 159
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....and others………………………………Opposite Parties Judgment December 6 & 8, 2005. Result: The Rule is made absolute. Cases Referred to- Mac Foy Vs. United Africa Company Limited, (1962) AC 152; 4 BLC (AD) 21; 6 AIR 1970 SC; 28 DLR (AD) 57; 46 DLR (AD) 96; 6 DLR 473;......ais Uddin the learned Advocate most empathically submits that if the scheme, scope and purpose of the Arbitration Act is examined, it becomes clear that the arbitration proceeding consists of three stages namely the appointment of the arbitrator either mutually by the parties to the agreement or......Anti Corruption in connection with the case started pursuant to the FIR lodged by the Board earlier. It further appears that thereafter the present petitioner did not take part in the arbitration proceeding when the sole Arbitrator ultimately made the award on 10-11-1996 and filed the same befor..Category: Alternative Dispute Resolution | Date: | Hits: 291
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