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Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
.... of the Rule instead of making the same absolute, we are of opinion that even if the Rule is made absolute, it will serve no fruitful purpose for the petitioner because the prayer was not for issuing any Rule calling upon respondent No.1 to show cause, why the censorship certificate issued for scree......leaders see the film and comment on it well in advance of its release. 32. Although Universal did hold screenings for religious leaders last month, most conservatives refused to come. Instead they staged protests at the Universal lot and published an admonishing ad in the Hollywood Reporter. In a......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445...Category: Civil Law | Date: | Hits: 210
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....gation of fact constituting the said offence. Such a statement, unaccompanied by the facts constituting the said offence, which is nothing but a mere opinion of police officer concerned, cannot be in any event, the basis of any judicial action by the Court............................(12) Cases Re......had yet been framed. The petitioner had an alternative remedy to agitate her grievance at the time of framing charge under section 241A of the Code of Criminal Procedure. But without waiting for that stage the petitioner straightway came to the High Court and preferred this application under section...... This rule was issued on anapplication under section 561A of the Code ofCriminal Procedure being preferred by the accusedpetitioner calling upon the Deputy Commissioner,Dhaka show cause as to why the proceedings ofSpecial Case No.2 of 2003 arising out of GR No.80of 2002 corresponding to Motijheel PS..Category: Criminal Law | Date: | Hits: 137
Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....granting banks long before filing of this mortgage suit, in the year 1984. So, at the time of filing of the suit and passing of the decree in that Mortgage suit No.6 of 1988 there was no existence of any mortgaged property at all. So the decree which was passed in this mortgage suit not be treated a......n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not maintainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ......peal. But we do not accept this argument of the learned Advocates for the respondents in the given facts and circumstances of this case. In this case the writ petitioner has actually challenged the proceeding of Artha Execution Case No.215 of 2004 on the contention that the final decree on the bas..Category: Civil Law | Date: | Hits: 134
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
.... power conferred under section 115 of the Code of Civil Procedure this Court cannot go in to the factual aspect even in a case of reversal of judgment and decree otherwise the petitioner can show any misreading or misinterpretation of law and fact which effecting the ultimate result of the Court......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ......ubmits that all the P.Ws. are interested witnesses as well as the evidence namely documentary evidence upon which the Courts below relied relates to a criminal case which is not admissible in a civil proceeding. Apart from that she submits that the present petitioners are bona fide purchasers establ..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....-C) addressing the respondent No.3 as well as the Secretary, Ministry of Foreign Affairs requested to take necessary steps towards exclusion of disqualified electors, but the Commission did not pay any heed to the same. The Commission, however, adopted a new special Form only for Cox's Bazar dis......r contends that by the impugned notification dated 2-12-2010 the Commission having decided to hold the election of 4(four) Paurashava of Cox's Bazar district declared the schedule with time frame for stages such as submitting nomination papers, withdrawal of nomination paper and the date of electi......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ..Category: Election Law | Date: | Hits: 217
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....ded in the record of rights. The learned Counsel further submitted that in the written objection the opposite‑parties raised the question of defect of parties in a most casual manner without making any specific averments in that direction. He further submitted that the court has enough power under......cific averments in that direction. He further submitted that the court has enough power under Order VI rule 17 of the Code of Civil Procedure to allow any party to alter or amend his pleadings at any stage of the proceedings when such amendment is found necessary for the purpose of determining the r......ts in that direction. He further submitted that the court has enough power under Order VI rule 17 of the Code of Civil Procedure to allow any party to alter or amend his pleadings at any stage of the proceedings when such amendment is found necessary for the purpose of determining the real question ..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....the Judge of Appellate Division of the Supreme Court. Admittedly the writ is in the nature of quo warranto under Article 102(2) (b) (ii) of the Constitution which provides that on the application of any person, the High Court Division may enquire whether a person holding of purporting to hold any p......red oath of office of Justice Mohammad Abdur Rouf as the judge of the Appellate Division of the Supreme Court of Bangladesh the question whether there was consultation or not cannot be raised at this stage. Even in India where consultation with the Chief Justice by the appointing authority has been ......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176...Category: Constitutional Law | Date: | Hits: 353
....efined nature and only a financial institution or an organisation which has been given licence to act as financial institutions by the Bangladesh Bank can file a suit in the Adalat for realisation of any loan which is absent in the present case. It is submitted that the plaintiff is only a Co-operat...... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
......Court. The Adalat then on hearing both the sides by order dated 17-8-97 rejected the petitioner’s prayer holding that as the plaintiff is a registered Co-operative Credit Society there is no bar in proceeding with the suit before the Artha Rin Adalat. It was also observed that previously also the ..
Category: Civil Law | Date: | Hits: 135
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....d, the deed was registered by false personation by Salamatullah, the predecessor-in-interest of the defendants; there was no thumb impression of Cherag Ali in the kabala; Salamatullah did not acquire any right, title and interest through the disputed kabala. The plaintiffs having come to know about ......cumstance attending its production that might render its loss more credible, and giving the other party a fair opportunity of meeting it, and no Court has the right to reject evidence tendered at any stage of the trial before its close unless it is irrelevant. (b) Evidence Act section 65—Omissi......rson is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.” Section 102 of the said Act enjoins as follows: “The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.” ..Category: Procedural Law | Date: | Hits: 103
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....s life. The petitioner states that Chetia is not a criminal but a person who has been fighting for right of self-determination for the Assamese people. He also states that Chetia has not been allowed any opportunity to seek political asylum as a politically persecuted person. He further states that ......s from Connecticut Journal of International Law Vol. 5, Spring-1990, Number-2 from page 426: “On September 28, 1956, Walter Hallstein US Under Secretary for Foreign Affairs, declared in the Bundestage: The right to………..Self-determination………..being a constant element in various acts ......the apprehension is based on publication of the news in a newspaper. The High Court Division will exercise its power under Article 102 of the Constitution when it finds that an act has been done or a proceeding has been taken in violation of a Constitutional or legal right of a person or group of pe..Category: Constitutional Law | Date: | Hits: 421
....emselves.”
10. The language of section 24 of the Non-Agricultural Tenancy Act and section 96 of the State Acquisition and Tenancy Act are same and similar. The learned Advocate failed to produce any decision of any higher Court on the point that in Non-Agricultural Tenancy Act cases separate ap......he relevancy or materiality to the issue before the Court of the evidence sought to be admitted, or upon the fact whether or not the applicants had an opportunity of adducing evidence at some earlier stage, but upon whether or not the appellate Court requires the evidence to enable it to pronounce j......li and he was never named as Abdur Rahman and the deeds in question, for which the pre-emption is sought for were executed and registered in the presence of the petitioner during his majority and the proceeding was not instituted within time as prescribed under section 24 of the Non-Agricultural Ten..
Category: Property Law | Date: | Hits: 113
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....by that Ordinance indemnity was granted to all those people responsible for killing the President Shaikh Mujibur Rahman and his family members and others on 15th August, 1975, restricting from taking any legal or other proceeding in respect of certain acts or things done in connection with, or in pr......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ...... from her son (in jail), she had no other alternative but to file the present Writ Petition on behalf of her son challenging the validity of the Indemnity (Repeal) Act, No.21 of 1996 and the criminal proceeding as stated above. 5. In this connection a short background of the occurrence requires ..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....d. Section 32 is relevant for filing a case before the Court as distinguished from the lodgment of the first information report in the police station, and that sanction is not necessary for lodging any first information report involving a schedule offence of the Anti-Corruption Commission Act, 200...... said to be pending, and unless cognizance in respect of the offence is taken and process issued against the accused-petitioners, the question of quashing the criminal proceeding at the investigation stage does not arise. We are also of the opinion that during investigation of an first information......5. Judgment Khandaker Musa Khaled J. - On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite-party to show cause as to why the proceedings of GR No.117 of 2005 arising out of Gaibandha PS Case No. 7 dated 7-4-2005 then pending ..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....2‑2002 were rejected and that in terms of Rule 11 of the Union Parishad Election Rules, 1983, hereinafter referred to as Rules 1983, the petitioner/candidate was disqualified and that he without any basis made wild allegations to the effect that due to political influence the respondent Nos.4......been declared as chairman under rule 20(3) of the Rules 1983, law does not contemplate intervention by this court by invoking jurisdiction under Article 102 of the Constitution during intermediate stage which will undermine the process of election and the smooth running of democratic institution......didate who is not an elector in the constituency in question, is in fact, and elector of a different constituency the satisfaction of the returning officer is thus the matter of substance in these proceedings; section 33(5) requires the candidate to supply the prescribed copy and section 36(2)(b..Category: Election Law | Date: | Hits: 211
....o.31 of 1990 pending between the contending parties.
11. The moot question that calls for our determination in the case is, whether the learned Subordinate Judge and 2nd Artha Rin Adalat committed any error in law in rejecting the petitioner's prayer for addition of parties under 1 rule 10(2) of ......Prased and another, reported in AIR 1969 SC 297 in support of his submissions.
13. Order 1 rule 10(2) of the Code of Civil Procedure gives wide power to the Court to add any party to a suit at any stage of the proceeding if it is found necessary for effectual and complete adjudication of all ques......other, reported in AIR 1969 SC 297 in support of his submissions.
13. Order 1 rule 10(2) of the Code of Civil Procedure gives wide power to the Court to add any party to a suit at any stage of the proceeding if it is found necessary for effectual and complete adjudication of all questions involve..
Category: Civil Law | Date: | Hits: 101
....d Title Suit No.238/99 in the 1st Court of Assistant Judge, Dhaka against the present petitioner and others for declaration that the election of the society held on 13‑12‑1997 is illegal, without any lawful authority and void and that the Execution Committee constituted by the defendant is void ......etermination of an election dispute by any court except the Election Tribunal. Secondly, the whole scheme of the election law is such that no disputes as to election can be raised at any intermediate stage but it may be raised only after conclusion of the whole election process. This means that civi......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
..
Category: Procedural Law | Date: | Hits: 124
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....ge against other accused in different sections. 5. The defence case of the accused-appellants was that they were innocent and falsely implicated with the case. 6. The prosecution examined as many as 16 witnesses who were cross-examined by the defence and on the other hand 3 defence witnesses......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......ged recovery was made in pursuance of trap case which was not at all proved by the prosecution as such no recovery was made from he accused-appellant of the marks note which has been used in the trap proceeding and therefore the impugned judgment is bad in law as well as against the proceeding of tr..Category: Criminal Law | Date: | Hits: 142
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....on Vs. Simiking Busam to impress upon us that the present writ may be treated as public interest litigation. Lastly, he has also submitted that though the members of the Board of Directors of the Company took the decision but the Board of Directors comprises of the Governor of Bangladesh Bank and ot...... comprising of the Technical and Financial Officers, it being a material condition of the Tender Document that the financial offer of only the technically qualified bidders would be opened at a later stage. The petitioner at one stage learned that after opening of the envelope constituting the techn......ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433...Category: Others | Date: | Hits: 174
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....icials along with two others persons went to the schedule property disclosing the suit property was going to be sold in auction. Immediately, they Miscellaneous Case No.27 of 2009 on 4-5-2009 without any delay. His submission is that the impugned judgment and order is illegal. Therefore, it is l......when some officials along with some order persons went to the schedule property and disclosed to them that the schedule property was going to be sold on auction. This plea of the petitioners, at this stage, we cannot brush aside. The petitioner along with three others filed an application on 4-5-200......y held at the instance of the decree-holder bank, the auction sale was confirmed by the Court and the decree-holder bank already withdrawn the bid money resulting in the completion of the execution proceedings." 18. The above decision is distinguishable with that of the present one. On the pres..Category: Civil Law | Date: | Hits: 229
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....of recognition of the informant and his brother victim Azizul was not seized during investigation of the case. And in this connection he refers to column No.5 of charge-sheet which does not contain any mention about any torchlight being seized as alamat during investigation. He also submits that......ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......he case against them they remained absent and absconding even till conclusion of trial and pronouncement of judgment by the court. Long absence and absconsion with guilty mind and knowledge about the proceeding against them strong presumption can be taken against the appellants. 11. Learned Assis..Category: Criminal Law | Date: | Hits: 103
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