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Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)
....we find on facts as stated above that the petitioner is entitled to have an order upon this petition constituted under section 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51......tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338.......l and Asgar Ali through Advocate Mr. Md. Nurul Islam Chowdhury. In this petition the petitioner states that the tadbirkar of the case is an illiterate village person having little knowledge about the proceeding of the Court. He states that as the appellant wanted to seek mercy to the Hon’ble Presi..Category: Criminal Law | Date: | Hits: 91
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....r Chowdhury J Abdul Quayuam Khan……………Petitioner Vs. Abu Yusuf Mridha………………Opposite Party Judgment November 20, 1997. Result: The Rule is discharged without any order as to costs. Case Referred to- Asadunnessa and others Vs. Kamruzzaman and others, 26......ted that the suit was not maintainable in view of Article 6 of President’s Order No.142 of 1972. This objection was neither raised in the pleading nor it was raised during the trial nor even at the stage of hearing the appeal. While arguing a revisional application under section 115(1) of the Code......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ..Category: Procedural Law | Date: | Hits: 129
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
.... Delicia Dairy Food Ltd……..........Petitioner Vs. Collector of Customs and others ………………….Respondent Judgment June 25, 1998. Result: The Rule is discharged without any order as to costs. Cases Referred to- Rahima Food Corporation Ltd. Vs. Deputy Collector of......oms, that after taking out the imported merchandise on payment of assessed duties and levies the petitioner used the raw material in his Industry and sold packing material in the market, that at that stage from the office of the respondent No.1 a notice being Nathi No. S4-02/AP/Group-6/94/12989-Cus ......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381...Category: Fiscal/Taxation Law | Date: | Hits: 189
State Vs. Shahidul Alam Chowdhury and two others, 1999, 18 CLC (HCD)
....lge in such activities in future. When an Advocate does something which lowers prestige of the Judge or Judges of the Court such action recoils on him also. So the learned Advocates practicing before any Court should be careful to conduct themselves in such a manner so as not to lower the Court in t......as engaged before the Appellate Division in connection with Civil Appeal No.53 of 1996 and his junior Mr. Kafiluddin Ahmed, Advocate moved the case before the Division Bench on 7-7-97 and in the last stage of submission when he faced critical position then he stopped submission and the Hon’ble Cou......al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380...Category: Criminal Law | Date: | Hits: 87
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....nsoled. Accidental death also a premature death Government is answerable to all such premature death as Government is to protect the citizen and is responsible for the life of a citizen as such, when any one of whatever class, society, place met death by accident. It should be the duty of the Govern......might have arisen in future to cut short the period of dependency e.g., the widow might have remarried, or might have died prematurely. In practice, however, the final figure is not arrived at in two stages. After setting the figures of annual dependency, it is usual to multiply it with such a reduc......is implication in the suit. 64. We have gone through the law of tort and we do not find law of tort itself prescribe for any limitation. It is the acts under which occurrence took place, the legal proceeding is guided by that law. The parties agreed that the instant occurrence is tortuous liabili..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....t of his owned titled schedule property in favour of the Sonali Bank and executed an irrevocable power of attorney being No.4604 dated 6-1-1988 and also sworned an affidavit that mortgage property in any manner would not be sold to any one till payment of loan of the Bank. The defendant did not pay ......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......ll as upon the Court. Learned Advocate further submits that, in holding auction, Court is bound to act as per provisions of section 30 and 33 of Ain, 2003 which having not be complied with the entire proceeding relating to auction of the suit property is liable to be set aside. Learned Advocate rely..Category: Civil Law | Date: | Hits: 156
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
....n bail in a case under section 302 or 302/34 of the Penal Code. But in an appropriate case, the Court can exercise the disÂcretion in granting bail in a case for an alleged ofÂfence of murder or in any offence punishable with death or imprisonment for life. It is well settled that bail should not ...... Majeda Khatun, wife of the deceased, was the Principal. The informant also stated in the First Information Report that there is a conspiracy behind this killing which she would disclose at a latÂer stage as she was perplexed at the death of her only son. 4. That accordingly Daulatpur P.S. Case ......l be free to cancel the bail of the petitioner in case of any violaÂtion of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ..Category: Criminal Law | Date: | Hits: 105
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....ction unÂder Order 39, rule 1 of the Code of Civil Procedure from the learned Munsif on 16.9.85 restraining the opposite party Nos.1 and 2 from shifting the said Post Office from its present site to any other place. On 5.11.85 the defendant opposite party Nos.5-7 filed an application before the lea......y suit deal with the matter in controversy so far as regards the rights and interÂests of the parties actually before it." Order 1, rule 10, sub-rule (2), is as follows:- "The Court may at any stage of the proceedÂings, either upon or without the application of either party, and on such term...... are made in their discretion, unless the discretion is exercised fanÂcifully or arbitrarily. Order 1, rule 10(2) of the Code of Civil Procedure empowers the Court to add parties at any stage of the proceeding either upon or without application, who ought to have been joined whether as plaintiff or..Category: Procedural Law | Date: | Hits: 193
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
....ement from the original landlord Ajit Kumar Roy; their further case was that the lands in proceeding were sea bed and they possessed the same by producing salt but the Second Party men without having any title and possession therein were giving out that they would forcibly evict the First party men ......me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......rder passed by Upazila Magistrate Maheshkhali, Cox's Bazar finding possession of the lands in favour of 1st party, 2nd party, 3rd party, Added 3rd party and 4th Party and against Added 4th party in a proceeding under section 145 of the Code of Criminal Procedure. 2. The facts giving rise to this ..Category: Criminal Law | Date: | Hits: 126
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....khs in this Arbitration case. 13. Both the Courts-below also found that the application for Arbitration was rightly filed under section 28 of the Ordinance and the application does not suffer from any defect of parties. 14. The Appellate Tribunal further found that under sub-section 3 of secti......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ......o the requiring body for placement of the fund and fund was not placed by the opposite party No.2 and instead raised an objection as to the assessment of the Award. AcÂcordingly the land acquisition proceeding abated unÂder section 12 (1) of the Ordinance. Thereafter the land being in urgent need ..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....d by the employees of the then Habib Bank which is an agreement illegally entered into by the plaintiff and Agrani Bank. Item 10 of the form Ext. K is written as follows: "10. In case of breach of any of the above Rules and Regulations, the employees shall be liable to be dismissed summarily, and......toppel—once the corporation took the proceedings against its officials under the Rules of 1976 and 1984 it is estopped from denying the right and remedies contained in those Rules at a subÂsequent stage on the ground that those Rules were extra-legal and were founded upon mere convenience. (c)......oner by retarding the progress of the banking business made by the plaintiff and accordÂingly, on 2nd April 1974, defendant No.1 General Manager, Agrani Bank was led to draw up a false and frivolous proceeding under his office Memo. Ext. 2 with the allegations that the plaintiff remained abÂsent f..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....law under the proviso to sub-section (7A) of section 167 Cr.P.C. for reviving this SesÂsions triable case which reads as follows: "Provided that the Government may, by orÂder, revive the case at any time if the case is triable exclusively by Court of Sessions". 3. The facts of the case are t......hanÂmondi residence (House No.55, Road No.12A, DRA) started ringing when her husband deceased Nuru Miah Chowdhury @ Bachchu Mia Chowdhury took up the phone and started talking over the phone. At one stage, her husband Nuru Miah ChowdÂhury said over the phone, "O.K. No problem." Thereafter deceased......t (of Pakistan) accepting that contention (that even if a second prosecution were competent on fresh complaint or on a fresh Police report in respect of the same offence) held that the revival of the proceedings was illegal. Now the question beÂfore us is whether the decision in Abul Hossain's case..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....edical aid he was handed over to Chowkidar Satish Chandra Modak and V.D.P. commander Marfart Ali for taking him to Thana. Other accused persons fled away and took shelter at Indian enclave Kalamati. Many persons came to the place of occurrence and heard of it from the informant. Police took up the i...... Bhothat at about 12' o clock and asked him to realize that amount of Taka 55/- from Jalil and hand over the same to Muslim and over that matter there was some conversation between parties and at one stage of the conversation Saburuddin expressed unwillingÂness to return the money and that led to a......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ..Category: Criminal Law | Date: | Hits: 107
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In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
......f the RepubÂlic or of a local authority to refrain from doÂing that which he is not permitted by law to do or to do that which he is required by law to do; or
(ii) declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or ..
Category: Others | Date: | Hits: 227
Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
.......Respondents Judgment February 8, 1987. Result: The Appeal is dismissed. Cases Referred to- Damodar Prasad and others Vs. Ram Charan Das and others, 1957 Pat 143; Bengali Coal Company Ltd. Vs. Apear Collieries Ltd. and others, 1926 Cal 412, Haridas Sadhu Khan Vs. Iswar Ratneswar ......2 others against the present respondent No.12 Fazlul Karim (defendant No.1) and Afsaruddin, reÂspondent No.13 (defendant No.2) and others was contested only by the defendant No.1 Fazlul Karim. At no stage before the trial court the present appelÂlants did appear and contest the suit nor raised any......e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ..Category: Property Law | Date: | Hits: 109
Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)
....decision of the Election disÂpute on merit because the decision refers to "on a peÂtition". The word "petition" used in Sub-section (3) is very significant. It seems to me that it does not admit of any other petition other than the election petition itself. This view also gets support from Sub-sec......peal find answer in the foregoing discussion. For these reasons, this Rule is made absoÂlute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ......es before him and the provisions of Order 43, rule 1 has no role to play in this case. Thirdly, by impugned order the learned District Judge neither had decided the appeal on merit nor has stayed the proceeding of the election case pending before the Election TribuÂnal and as such no injustice has ..Category: Election Law | Date: | Hits: 194
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
.... and also heard the arguments of the learned Advocates of both sides. The only question that merits consideration in this revisional application is whether the learned Subordinate Judge has committed any error of law or not occasioning any failure of justice. It appears from the judgment of the cour......deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......ein his Lordship held, "If at any time after an application for pre-emption has been made, the property is again transferred, such subsequent transferee may be made a party to the pending pre-emption proceeding and the money alÂready deposited may be paid to such subsequent transferee, who is not e..Category: Property Law | Date: | Hits: 100
Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)
....n judicial work is asÂsigned to a Court it is that Court which is to do the job. This requires examination as to whether the power of the District Judge in this case before me is so circumscribed by any provision of the Ordinance, 1983. From reading the Ordinance I do not find any such restriction ......1) C.P.C. SecÂtion 24(1) provides that either on the application of any parties after notice to the parties and on hearing them or of its own motion without such notice the District Court may at any stage transfer any appeal pending before it for disposal to any Court subordiÂnate to it and compet......as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21...Category: Election Law | Date: | Hits: 192
Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)
....so somewhat similar to the facts of the instant case. The principle of law enunciated therein, therefore, also supports the view I have taken above. The result is: the Rule is discharged withÂout any order as to costs and the suit is restored to its file and number and the order impugned is afÂ......le is discharged withÂout any order as to costs and the suit is restored to its file and number and the order impugned is afÂfirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ......rder for payment of cost was complied with by depositing the cost out of time. The order impugned before me was made for securing the ends of justice as the same was directed to avoid multiplicity of proceeding, prolongation of the proÂceeding and unnecessary financial hazard and to advance cause o..Category: Criminal Law | Date: | Hits: 85
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....ht of the torch focused by him. He raised hue and cry as a result of which inforÂmant, his elder brother, his uncle and other neighÂbours came out and chased the thieves but failed to catch hold of any of them. The witnesses also recognized the thieves by face but were unable to disclose their nam......n filÂing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......e of Hakim Rai Vs. The State, beÂfore a Full Bench of Punjab High Court, reported in AIR 1957 (Punjab) 134. That was a case concernÂing complaint filed by a court for using a forged docÂument in a proceeding before that court. The comÂplaint was filed in the court of Additional District Magistra..Category: Procedural Law | Date: | Hits: 122
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