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Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
....medy as provided by the Code under Order 9 rule 9 for restoration of the suit after dismissal for default, the orders of the trial Court granted under section 151 CPC is prima facie illegal. He has also drawn my attention to all the aforesaid decisions wherein it has been held, according to him, tha...... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ...... Court Division have consistently held that when there is specific legal remedy as provided by the Code under Order 9 rule 9 for restoration of the suit after dismissal for default, the orders of the trial Court granted under section 151 CPC is prima facie illegal. He has also drawn my attention to ......e is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The discretion under section 151 of the Code of Civil Procedure, 1908 can be exercise for the ends of justice and when there is a mistake of the Court………………………..(9, 11 & 12) Cases Refer..Category: Procedural Law | Date: | Hits: 82
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....etitioner. Not Represented - For the Respondents. Writ Petition No.1582 of 1994. Judgment Naimuddin Ahmed J.- By this application under Article 102 of the Constitution the petitioner has sought certain direction on the respondents in the form of complying with an order of the Court of S......if any, make such decision on the prayer of the applicant as it deems fit. (6) The decision of the Court of Settlement shall be final and shall be binding on all parties concerned and shall not be called in question in any other Court.” 14. From the above, it appears that the Court of Settle......d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......Jurisdiction) Present: Naimuddin Ahmed J Md. Fazlul Karim J Akbar Hossain (Md.)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Housing and Works, Government of the People's Republic of Bangladesh and others........................Respo..Category: Property Law | Date: | Hits: 77
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....murder appearing in section 300 of the Penal Code is not the same thing. In section 396 the liability of commission of murder is conjoint, while commission of murder as defined under section 300 is absolutely an individual liability. The proof of murder as appearing in section 396 would consist of t......ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......……………Appellant Vs. State…………………Respondent Judgment January 31, 1996. Result: The Reference is rejected. The appeal being Criminal Appeal No.1064 of 1992 and Jail Appeal being Jail Appeal No.823 of 1993 are allowed. The Penal Code, 1860 (XLV of 1860)..Category: Criminal Law | Date: | Hits: 75
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
.... J Wahida Khan……………………Petitioner Vs. Shahar Banoo Ziwar Sultan and State……………………Opposite Parties Judgment May 15, 1994. Result: The Rule is made absolute. The want of plaint under section 195 is incurable and the lack of it vitiates the whole t......order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......…………………Opposite Parties Judgment May 15, 1994. Result: The Rule is made absolute. The want of plaint under section 195 is incurable and the lack of it vitiates the whole trial......................(9) Even if a Bainapatra in question is found to be a fake one, such a......eme Court High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J K M Hasan J Wahida Khan……………………Petitioner Vs. Shahar Banoo Ziwar Sultan and State……………………Opposite Parties Judgment May 15, 1994. Result: The Rul..Category: Procedural Law | Date: | Hits: 71
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
...............................................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April 3, 2011. Result: The Rule is made absolute. Cases Referred to- RAJUK Vs. Abdur Rouf Chowdhury (RANGS Building Case); Jamuna Builde......m. 9. The project envisages construction of circular roads around the two lakes, once part of a long canal, which had taken off and fell into rivers, passing by the city. 10. Environmentalist recalled many of the 78 canals that once criss-crossed through the historic Dhaka City, now only live ...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......l Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J The State......................................................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April 3, 2011. Result: The Rule..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....e, Brahmanbaria in pre-emption Miscellaneous Case No.6 of 1996 should not be set aside and/ or such other or further order or orders passed as to this Court may seem fit and proper. 2. The predecessor of Opposite Party Nos.1 to Sand predecessor of Opposite Party No.36 as pre-emptors filed the ins......the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......the case is barred by limitation. 4. Three P.Ws. were examined on behalf of the preemptors while 4 O.P.Ws. were examined on behalf of the preemptors in support of their respective cases. 5. The trial Court on consideration of the evidence and the materials on record by judgment and order dated......udgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
.... the learned District Judge in Miscellaneous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......sed impugned order and the other materials on record. 11. The petitioner corporation filed Miscellaneous Case for realization of the loan money with interest amounting to Tk. 2,17,253.44/- and the trial Court allowed the said prayer. 12. Thereafter petitioner corporation filed Miscellaneous Ex......alling upon the opposite party to show cause as to why the order dated 05.11.2006 passed by the learned District Judge, Chuadanga in Miscellaneous Execution Case No.14 of 2004 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Th..Category: Civil Law | Date: | Hits: 276
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....edure, 1908 (Act No. V of 1908); section 151 Inherent power of the Court under section 151 of the Code of Civil Procedure, 1908 cannot be invoked where there are specific provisions for the relief sought for. Inherent power could only be invoked by the Court in case where it finds no provisions f......oresaid, the impugned order does not call for any interference. In the result, the Rule is discharged with cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2......ver, allowed on compromise by the' Court by an order dated 8-2-07 subject to payment of cost of Taka 1,200 to the plaintiffs by 5-3-07. As the petitioner did not make the deposit within the time, the trial Court by its order dated 11-3-07 set aside said order dated 8-2-07 upon an application made on......: 61 DLR (HCD) (2009) 72. ..Category: Civil Law | Date: | Hits: 281
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
....shida Begum………………………Informant-Petitioner Vs. Monira Begum and others………………………..Opposite Parties Judgment May 15, 2008. Result: The Rule is made absolute. On the basis of the defence plea or materials the criminal proceedings should be stifled...... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......………..Opposite Parties Judgment May 15, 2008. Result: The Rule is made absolute. On the basis of the defence plea or materials the criminal proceedings should be stifled before trial when there is prima facie case for going to trial………………………………..(10) ......Division (Criminal Miscellaneous Jurisdiction) Present: Md. Abdul Quddus J Syed Md. Ziaul Karim J Khurshida Begum………………………Informant-Petitioner Vs. Monira Begum and others………………………..Opposite Parties Judgment May 15, 2008. Result: T..Category: Criminal Law | Date: | Hits: 177
MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)
....Miah J MM Shabbir Hasan………………….Accused-Petitioner Vs. State and others…………………….Opposite-Parties Judgment June 17, 2012. Result: The rule is made absolute. Prayer for bail can be agitated at any time on different cause of action.......................ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ...... of the Rule and till now the accused petitioner has not misused the privilege of bail in any way. Moreover, by this time police report has been submitted on 13-11-2011 with a recommendation to stand trial of the accused along with other namely Md. Gohor Siraj, Managing Director of M/s 4H Fashion li......h Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J MM Shabbir Hasan………………….Accused-Petitioner Vs. State and others…………………….Opposite-Parties Judgment June 17, 2012. Result: The..Category: Criminal Law | Date: | Hits: 151
Habib Khan Vs. State, 2012, 41 CLC (HCD)
.... AKM Shahidul Huq J Habib Khan……………………….Petitioner Vs. State………………………….Opposite Party Judgment February 8, 2012. Result: The Rule is made absolute. When the state does not raise any objection in such circumstances the High Court Division......ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......gorically confessed that she went with accused Arif Khan willfully and was married with him. After submission of the charge-sheet, the record was sent to learned Nari-o-Shishu Nirjatan Tribunal for trial. In the Tribunal an application was filed on behalf of the victim as she is above 16 years and...... Result: The Rule is made absolute. When the state does not raise any objection in such circumstances the High Court Division can certainly interfere, when the liberty of a citizen is curtailed and his valuable right of freedom is taken away by the order of the subordinate Court and the High C..Category: Criminal Law | Date: | Hits: 176
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
.... The fundamental and basic presumption in the administration of Criminal law and justice delivery system is that the accused should be presumed to be innocent till the charges are proved beyond reasonable doubt on the basis of clear, cogent, credible or unimpeachable evidence. In a criminal trial......vidence on any point and as such the impugned Judgment calls for no interference by this Court. 13. In the face of arguments advanced by the learned Advocates of the contending parties, we are now called upon to scrutinize the material evidence on record in order to come to a proper decision in t......ivery system is that the accused should be presumed to be innocent till the charges are proved beyond reasonable doubt on the basis of clear, cogent, credible or unimpeachable evidence. In a criminal trial, the burden of proving guilt of the accused beyond all reasonable doubt always rests on the pr....... ..Category: Criminal Law | Date: | Hits: 153
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....………………Petitioners Vs. Securities and Exchange Commission and others……………………………Respondents Judgment November 8, 2009. Result: The Rule is made absolute. Cases Referred to- Kruse Vs. Johnson Lord Russell, (1898) 2 QB 91; R. Immigration Appe......rom the order issuing the Rule. 9. Respondent Nos.1 and 2 filed affidavit-in-opposition controverting material allegations made in the Writ Petition. Their case, in short, is that the impact of so-called expectation of rights/bonus has not reflected rationally in the price of the mutual funds. Mo......ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ......se is also Reported in: 30 BLD (HCD) (2010) 49. ..Category: Business or Commercial Law | Date: | Hits: 462
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....................................Petitioner Vs. Deputy Commissioner, Brahmanbaria and others....................Opposite parties Judgment August 28, 2007. Result: The Rule is made absolute. The law of enemy property died with the repeal of Ordinance No.1 of 1969 on 23.3.74 and ......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......r transferred elsewhere and it was declared as vested and non resident for which the disputed notice was served upon the plaintiff petitioner and as such the suit is liable to be dismissed. 5. The trial Court decreed the suit and the defendant filed appeal which was sent back for retrial and afte......oncerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ..Category: Property Law | Date: | Hits: 155
A. Aziz Mollick Vs. State, 2008, 37 CLC (HCD)
....Case is also Reported in: 13 MLR (HCD) (2008) 230. ......of 2007 under section 15(1)(3) Special Powers Act, 1974 should not be set aside or to pass such order or orders as this Court may deem fit and proper. 2. The matter being urgent, LC record was not called for. Service of notice on Sole State opposite party was dispensed with and the matter was fix......sulting in gradual damage. He argues that under provisions of section 516A of the Code the petitioner is entitled to get the said seized Truck in his Jimma furnishing security bond till conclusion of trial and enquiry. But such above prayer was illegally rejected by the Special Tribunal No.1 vide im......Code of Criminal Procedure at the instance of petitioner A. Aziz Mollick calling upon sole State opposite party to show cause as to why impugned order dated 4.10.2007 passed by learned Sessions Judge and Special Tribunal No.1 Brahmanbaria rejecting prayer of the petitioner under section 516 A of the..Category: Procedural Law | Date: | Hits: 194
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....y which the learned Sessions Judge, Tangail, in Session Case No.96 of 1994, convicted the two appellants under sections 302 and 34 of the Penal Code and sentenced both of them to suffer rigorous imprisonment for life. 2. The prosecution case, in brief, is that the informant Md. Ashrab Ali lodged ......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ...... confession recorded earlier. 4. After investigation police submitted charge sheet dated 28.2.1994 under sections 302, 201, 379 and 411 of the Penal Code against the two accused persons. 7. The trial court, on 24.10.1994, framed charge under sections 302, 201 and 34 of the Penal Code against t......ds. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 170
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
....nd as a tenant by paying rent to the sherista of GC Basak upto 1362 BS. He did the act of possession by rearing and catching fish in low-lying area while in the remaining land he used to grow crops sometimes by himself and sometimes through bargadars. He also developed a portion of land by spe......ungalows built during British period. The claimants of the entire invaluable property are mainly two persons of village Sreedharpur, Munshiganj posing to be sons of one late Gauranga Chandra Das so-called original plaintiff by virtue of an unregistered amalnama of 1339 BS which did not work out ......the records were found not available before Court. This seems to be unusual. Meanwhile on 2-11-1998 the suit was transferred by the District Judge to a new Court seemingly beyond the knowledge of the trial Court. And in the new Court under a new and peculiar number it was decreed on compromise on 28......Case is also Reported in: 64 DLR (HCD) (2012) 167. ..Category: Property Law | Date: | Hits: 149
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
....Judge, Gazipur on 28-6-07 for trial and registered as Sessions Case No.311 of 2007 and finally transmitted to the Court of Additional Sessions Judge, 2nd Court, Gazipur for trial wherein charge was so framed against the petitioner under section 138 of the Negotiable Instrument Act on 12-3-2008. ....... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ......ite party petitioner appeared before the Court and after receiving summons of the Court and got bail on 22-4-2007 and the case was transmitted to the Court of Sessions Judge, Gazipur on 28-6-07 for trial and registered as Sessions Case No.311 of 2007 and finally transmitted to the Court of Addit......t opposite party No.1 filed a Complaint Case No.59 of 2006 against the petitioner in the Court of learned Magistrate, 1st Class, Gazipur alleging, inter alia, that the petitioner is a registered bank and governed under the supervision of the Bangladesh Bank and engaged in different financial busin..Category: Civil Law | Date: | Hits: 217
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....……………Plaintiff-petitioner Vs. Bangladesh Water Development Board……………………Defendants-Opposite Parties Judgment February 6, 2012. Result: The rule is made absolute. Cases Referred to- Abul Bashar Vs. Investment Corporation of Bangladesh, 52 DLR (AD) 1......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......tion under section 33 of the arbitration Act non existent in the eye of law. 22. In the case of Hazi Mir Bux Vs. Sonokhau, PLD 1979 Kar 45, it is observed and held as "Mr. Zafar submitted that the trial Court has no power to extend and in support of this submission he referred me to Judgment of a......d. Al-Akram (Badal), 46 DLR 122; Bangladesh Water Development Board Vs. Progati Prakaushali, 49 DLR 335; Haji Amir Bux Vs. Sono Khan, PLD 1979 Karachi 45; Bangladesh Water Development Board Vs. Nasim and Brother, 1988 BLD 369; Mol Enterprises Inc. Vs. Government of the People's Republic of Banglades..Category: Civil Law | Date: | Hits: 195
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
....7 of 1981. The appellant Azibur Rahman instituted the aforesaid title suit No.27 of 1981 in the Court of Subordinate Judge, 4th Court, Dacca on 21.1.81 against the respondent No.1 as defendant for dissolution of partnership constituted between him and respondent No.1 and also for accounts. The plain......impugned order simply on the allegation of the respondent No.2. The learned Subordinate Judge has committed an error of law apparent on the face of the record and an interference by this Court is called for. 5. Mr. Syed Badrul Alam, the learned Advocate appearing for both the respondents, on ....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ......zibur Rahman Alias Arzu……………………………Appellant Vs. Kala Miah & another……………………………Respondents Judgment March 22, 1982. Result: The appeal and the Rule are disposed of. Lawyers Involved: Shaik Ashfuq Ali - For the Appellant. Syed..Category: Procedural Law | Date: | Hits: 146
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