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Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....………Defendant-Petitioners Vs. Mahfuzur Rahman and others.................Plaintiff-Opposite Parties Judgment May 21, 2013. Result: The Rule Is Made Absolute. Eviction of Defendants- In a suit for eviction of the defendants from a particular......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......ring the same from Amzadur Rahman. The plaintiffs have no right, title, interest and possession into the suit land the suit is liable to be dismissed with cost. 11. Upon the above pleadings, the trial Court framed as many as 6 issues to dispose of the suit whereupon the plaintiffs examined 6 wi......diction) Present: ANM Bashir Ullah J Nazrul Islam (Md.) & others……………………Defendant-Petitioners Vs. Mahfuzur Rahman and others.................Plaintiff-Opposite Parties Judgment May 21, 2013. Result: ..Category: Property Law | Date: 21 May, 2013 | Hits: 6
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
.... sum of Taka 4, 02, 27,750 on the averments made in the plaint that the petitioner No.1company on 28-6-2007 applied to the respondent No. 2 for financial assistance for installing water cooled compressor and other machineries in their establishment. The respondent No. 2 sanctioned a lease finan......ook any step nor filed hazira or written statements but remained absent. The petitioner having thus being failed to file written statements and found to have been absent on the date when the case was called for hearing the court proceeded with the ex parte hearing and decreed the suit ex-parte vide ......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ......dalat No.2, Dhaka & another..................Respondents Judgment May 15, 2013. Result: Both the rules are discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications a..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
....y case without
giving chance to adduce evidence when there is a charge of submitting false papers
against the plaintiff?
The suit cannot be finally
adjudicated without taking evidence. If so is done, it will be treated as ultra
vires. A case cannot be finally adjudicated before trial.......cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ......papers
against the plaintiff?
The suit cannot be finally
adjudicated without taking evidence. If so is done, it will be treated as ultra
vires. A case cannot be finally adjudicated before trial. In situations e.g.
dismissal of services, the High Court Division cannot allow the prayer of......Hossain J
Siddiqur
Rahman Miah J
AHM Shamsuddin
Chowdhury J
Head Mistress, Hazrat Shah Ali Girls' High School, Mirpur,
Dhaka .............Petitioner
Vs.
Mohammad
Ibrahim and others..........Respondents
Judgment
May 6, 2013.
Result:
The leave petition..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
....District Judge, 1s Court, Manikganj for declaration of title in the suit property and for further declaration that the RS record of the suit property in the name of the defendant No.9 and the predecessor of defendant Nos.1-8 are illegal, collusive and not binding upon the plaintiffs. On 3-5-2001 the......ase in hand. Therefore, we are inclined to re-admit the instant appeal to its original file and number. Therefore, the order of dismissal of the appeal for non-prosecution dated 28-1-2013 is hereby recalled and vacated and the appeal be readmitted to its original file and number. The offic......property in the name of the defendant No.9 and the predecessor of defendant Nos.1-8 are illegal, collusive and not binding upon the plaintiffs. On 3-5-2001 the suit was dismissed ex parte by the trial Court against the defendant respondents. Against which the plaintiffs as appellants prefe......bsp; ..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....6-6-2007 passed by the Tribunal. 4. In Customs Appeal No.25 of 2008, the Appellant, Mr. Salahuddin Ahmed, proprietor of M/s Friends International, Bangshal Road (1st Floor), Dhaka-1100, imported some 'PVC Floor Covering' from India under PSI Scheme being covered by LC No.1622 -06-01-006......ated 24-4-2006. Being aggrieved by this Adjudication Order, the appellant-importer preferred an appeal before the Customs, Excise and Vat Appellate Tribunal, Dhaka (respondent No.2) (hereinafter called "the Tribunal") under section 196A of the Customs Act, 1969 ("the said Act&quo......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......ur Rahman J Hassan Arif J Sheikh Shahadat Hossain (Md.)………………………Appellant Vs. National Board of Revenue and others................Respondents Judgment April 25, 2013. Result: The Custo..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
....e registered thereupon. After trial in both the said Sessions Cases the opposite-party No.2 was convicted by the learned Sessions Judge by his order dated 19-10-2010 and sentencing her to suffer imprisonment for one year under section 138 of the Negotiable Instrument Act with a fin......ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
......d. Therefore, the petitioner took recourse to the provision of Negotiable Instruments Act upon bringing two CR Cases before the Court concerned which were eventually sent to the Court of Sessions for trial and two sessions cases were registered thereupon. After trial in both the said Sessions Cases ......17
..
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
....n and sentence passed by the learned Magistrate, Chandpur in CR case No.37 of 1986 convicting the appellants under section 147 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 30 days only. 2. The facts as set out in the Criminal Petition No.219 of 2000, in ......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ...... Court Appellate Division (Criminal) Present: Mohammad Anwarul Haque J Siddiqur Rahman Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Tajul Islam and others .........................Appellants Vs. Billal Hossain and another ............Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....orces while were on petrol duty for Keeping peace in Baitul Aman Jam-E-Mosque at Road No. 7 Dhanmondi residential area they saw that when the pious Muslims (Musallies) were coming out from the Mosque some 10/12 persons made an unlawful assembly on the road carrying a banner of the banned organizatio......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ...... the accused. 4. The police after completing investigation into the case submitted charge-sheet against the accused-petitioner under the above provisions of law. 5. The case being ready for trial the case record was sent to the Metropolitan Sessions Judge, Dhaka and same was registered as ......t: The Rule is disposed of. Cases Referred to- Sayed Ahmed Vs. the State, 10 DLR (SC) 12; State of Goa Vs. Babu Thomas, (2005) 8 SCC 130; Baij Nath Prashad Tripathi Vs. State of Bhopal and Sudhakar Dube Vs. State of Bhopal PLD 1957 Supreme Court (India) 406. Lawyers Involved: ..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....r under section 561A of the Code of Criminal Procedure in the garb of writ jurisdiction. If the High Court Division feels to exercise its writ jurisdiction there must have been good and sufficient reason to by-pass the alternative remedy provided by the statute. The writ jurisdiction is mean fo...... Writ Petition No.5799 of 2008 Judgment Farah Mahbub J.— In this Rule, issued under Article 102 of the Constitution of the Peoples Republic of Bangladesh, the respondents have been called upon to show cause as to why the proceedings of Double Mooring Police Station Case No.7 ......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......Division (Special Original Jurisdiction) Present: Farah Mahbub J AKM Zahirul Islam J ABM Mohiuddin Chowdhury.............Petitioner Vs. Anti-Corruption Commission and others...............Respondents Judgment ..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
....ku Rabi Das came in the hut of the deceased Nainaka Rabi Das with a request to give him temporary shelter there. Subsequently another co-accused (now dead) Giris Rabi Das, cousin of the deceased also came at about 4-00 PM and started gossiping with the Nainka Rabi Das. 3. However, Informant...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ...... under section 302/34 of the Penal Code which was registered as GR No.448 of 2001. 6. On investigation, the investigating officer submitted the police report with a recommendation to stand trial of both the accused Maku Rabi Das and Girish Rabi Das who inflicted fatal injuries with the ...... Involved: Md. Helal Uddin Mollah, Advocate-For the Petitioner. Momtaz Uddin Fakir, Additional-Attorney-General-For the Respondent. Jail Appeal No.3 of 2007. (From the judgment and order dated 21st November, 2005 passed by the High Court Division in Death Reference No.105 of ..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....er article 102 (2)(a)(ii) of the Constitution of the People's Republic of Bangladesh filed by the accused-petitioners challenging the order of sanction for prosecution of the accused-persons in ACG GR Case No. 25 of 2007 arising out of Motijheel PS Case No. 140 dated 29-3-2007 punishab......e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ....../109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. Investigating Officer, having been authorized by the Commission investigated the case and recommended to stand trial of the accused-petitioner for committing the offence mentioned in the police report with a fur...... in: 65 DLR (HCD) (2013) 181 ..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
.... or facts contrary to pleadings can be pleaded under grab of further and better statement. The learned Advocate further submits that the Court below in deciding the merit of the Civil Revision also failed to appreciate that further and better statement is not an alternative to amendment of...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ......oner who was the defendant No. 2 of the suit then filed an application under Order VI, Rule 5 of the Code of Civil Procedure for furnishing further and better statement. 4. The learned trial Court in Title Suit No.323 of 1999 vide his order dated 19-7-2009 rejected the prayer for furn...... of 1999 is illegal. 2. The facts leading to the issuance to the leave in a nutshell; can be stated thus, the plaintiff-petitioner filed the original Title suit alleging that the plaintiff as a landlord on the basis of a written agreement dated 14th June, 1993 entered into a settlement with the..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
.... Romana Begum alias Noma…………………….Respondent Judgment March 5, 2013. Result: The appeal is dismissed. Condemned-prisoner spent about 4 years in the condemned cell, and 13 years have elapsed since the judgment of the......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ...... started. 4. The police after investigation submitted Charge-sheet No.9 dated 26-1-1995 under sections 302/381/411 of the Penal Code against the lone accused-person, Romana Begum. 5. During trial the case record was transferred to the Court of Additional Sessions Judge. fifth Court, D......hellip;………….Respondent Judgment March 5, 2013. Result: The appeal is dismissed. Condemned-prisoner spent about 4 years in the condemned cell, and 13 years have elapsed since the judgment of the High Court Division, which commuted her sentence..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
....civil petition for leave to appeal is directed against the judgement and order dated 13.01.2009 passed by a Single Bench of the High Court Division in Civil Revision No.2987 of 2004 making the Rule absolute and thereby reversing the judgement and decree dated 06.04.2004 passed by the Additional Dist...... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......n to file the suit and the suit was not maintainable in its present form and manner. Hence, the suit was liable to be dismissed. 4. The trial Court upon consideration of the evidence on record dismissed the suit by the judgment and decr......; Muhammad Imman Ali J Md. Mostafa…………………………………………..Petitioner Vs. Nrayangonj District Council, District: Narayangonj and others………….Respondents Judgment March 1, 2013. Result: The petition is dismi..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....howdhury Vs. The State, 28 DLR (AD) (1976) 38; Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) (1997) 44; Alauddin and others Vs. The State 4 BLD (HCD) 75. Result: The Rules are made Absolute. Lawyers Involved: Mohammad Mehedi Hasan Chowdhury with Sheikh Fazle Noor Taposh an......ials forwarded the specification for purchasing Frigate to the Director General of Defence Purchase (DGDP), after obtaining Government approval, as part of their official duties. Thereafter, the DGDP called an international tender and performed the initial scrutiny and forwarded a list of 24 bidders......ments. It was purchased despite not being qualified to consider as a Frigate for lack of equipments and other facilities and the unproven design. The Frigate was brought to Bangladesh without any sea trial before the due date. The then Prime Minister signed the purchase proposal which received on 01......p;………..Opposite party Judgment February 14, 2013. Cases Referred to- Abdul Quader Chowdhury Vs. The State, 28 DLR (AD) (1976) 38; Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) (1997) 44; Alauddin and others Vs. The State 4 BLD (HCD) 75. Result: ..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....om the date of its execution, the defendant shall handover the up-to-date rent receipts, holding receipts, the electricity bills and other bills for water, gas etc. and also the vacant possession of the house and on settlement (মোকাবিলা) of shop's dis......this case. 17. In F Edridge Vs. RD Sethna, 60 IA 368, the question was whether or not the terms of the agreement as to payment of costs and writing of the letters constitute what are often called conditions precedent, that is, promises which must be performed by the money under the a......nce of contract for sale of immovable property, which includes a house and a shop, who has obtained leave from this, Division from a judgment of the High Court Division which has affirmed that of the trial Court. 2. Respondent No.1 instituted the suit claiming that he entered into a...... Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Amir Hossain Sowdagar................................Appellant Vs. Md. Harunur Rashid and others......................Respondents Judgment February 20, 2013. Result: ..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....iff-Respondent-Petitioners Vs. Government of Bangladesh..................Defendant-Appellant Opposite party Judgment February 13, 2013. Result: The Rule is made absolute. The failure to cross examine the plaintiff’s witness to falsify the case of the p......no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ......d are not identical with that of the suit plots. Apart from this, under Order XLI, rule 23 of the Code of Civil Procedure the defendant cannot get any opportunity for remanding the case record to the trial Court for preemptory hearing since as a matter of right remand cannot be allowed to fill ......his Case is also Reported in: 18 BLC (HCD) (2013) 386. ..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
....ebut presumption Under the provisions of section 27(2) an accused shall have to rebut presumption about the allegation and explain his position regarding the acquisition of properties disclosing sources of income. Mere denial of allegation can not be taken into consideration in the instant proc......been well settled by our apex Court in the cited case decisions referred to above. Since there is no legal bar to proceed with the impugned special case, the proceedings of the Special Case cannot be called in question under section 561A of the Code of Criminal Procedure. 10. Having due regard ......ats and recorded statement of witnesses and after completion of his investigation, he submitted charge-sheet against the accused-petitioner on 4-11-2009 and the said police report was accepted by the trial Court 22-11-2009. After taking cognizance in the Special Case No.3 of 2009, the learned Senior......ary 10, 2013. Result: The Rule is discharged. Accused shall rebut presumption Under the provisions of section 27(2) an accused shall have to rebut presumption about the allegation and explain his position regarding the acquisition of properties disclosing sources of income. Mere ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
....accused-petitioner alleging, inter-alia, that the Government on receipt of the information and after making preliminary enquiries became satisfied that the petitioner was in possession of pecuniary resources or properties which were disproportionate to his known source of income. Thereafter, on the ......cial Tribunal No.2 cancelled the bail of the accused-petitioner for his abscondence from the proceedings and framed charge against him under section 4(2) of the Anti-Corruption Act, 1957 (hereinafter called the Act). Thereafter, the record of the case was against transferred to the Court of learned ......957. 6. Following the submission of the charge-sheet, the learned Chief Judicial Magistrate, Dhaka sent the record of the case to the Court of Metropolitan Special Tribunal No. 1, Dhaka for trial. On receiving the record of the case, on 2-7-2000, Metropolitan Special Tribunal No. 1, Dhaka ......s Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Abdullah-al-Noman……………...............Petitioner Vs. State and another..........................Opposite-Parties Judgment January 24, 2013. Resu..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....plain about the matter and rectify the mistake in calculating assets, even if any, at the time of trial as required under section 27(1) of the Anti-Corruption Commission Act, 2004. Prosecution must also be given opportunity to prove the allegation by adducing evidence. The disputed facts are not sup......case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ......ity to prove the allegation by adducing evidence- There is scope for the accused-petitioner to explain about the matter and rectify the mistake in calculating assets, even if any, at the time of trial as required under section 27(1) of the Anti-Corruption Commission Act, 2004. Prosecution must ...... (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Mohidul Islam (Ripon)(Md.)....................Petitioner Vs. State and another……………………………O..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
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