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Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....s purchased the same in auction and got the possession through Court and annulled all the encumbrances by filing case No.117 of 1953 under section 167 of the Bengal Tenancy Act. Thereafter, one Shudanya alias Shudhansu filed Title suit No.137 of 1956 for setting aside the aforesaid auction but the......2. The learned Advocate for the petitioner has immediately stood up and raised objection to the submission of the learned Advocate for the plaintiff opposite party and submitted that the suit at this stage the suit cannot be remanded to the Trial Court after about 20 years of its filing in order to ......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....nd conditions of the Request. For Proposal and 18 proposals were primarily accepted as being responsive. Though according to the report of the Tender Evaluation Committee Messrs New England Power Company Consortium (hereinafter called NEPC) was adjudged to be the lowest tariff proposer for the three......tion. He has taken us through the FIR which clearly speaks that the approval given by the petitioner herein for allocating the work to the concerned Company in due process of law. It has passed three stages and after being scrutinized by the Executives it was placed before her and she in course of h......f Criminal Procedure at the instance of the accused petitioner Sheikh Hasina Wazed alias Sheikh Hasina, former Prime Minister of Bangladesh calling upon the opposite party to show cause as to why the proceeding of Special Case No.1 of 2008 arising out of Tejgaon PS Case No.2 dated 2-9-2007 correspon..Category: Criminal Law | Date: | Hits: 156
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
.... against him for criminal breach of trust. 3. The appellant moved the High Court Division for quashing the proceeding taking the ground that his failure to produce the tractor did not constitute any criminal offence of breach of trust or dishonest misappropriation; at best, his bond was liabl......ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......e Magistrate then directed the appellant to produce the tractor before, the Officer-in-Charge of the Kachua Police Station and, on the appellant's failure to produce the tractor, started a criminal proceeding under section 406 of the Penal Code, being G.R. Case No.51 of 1978 and issued process aga..Category: Criminal Law | Date: | Hits: 111
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....be a public prosecutor." The language of the section is plain. It says that the provisions of the Code shall apply to cases triable under the Act, except in so far as the Code is inconsistent with any provisions provided in the Act. Therefore, the application of the Code, not inconsistent with ......uitted in respect of such offence or offences". 6. Before proceeding to analyse the sections we are to keep in mind three other section 333, 337 and 248 of the Code. Section 333 says that at any stage of the trial before a High Court and before the return of the verdict, the Advocate General ma......the provisions of the Code applicable to cases triable under this Act, subject to the provisions thereunder. 4. Section 29 of the Special Powers Act may be set out: "Application of the Code to proceedings of Special Tribunals. The provisions of the Code, so far only as they are not inconsiste..Category: Criminal Law | Date: | Hits: 99
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....would be whether the transfer which is sought to be pre-empted, subsists when the application for pre-emption is filed, as in the instant case. If the transfer does not subsist, there can hardly be any question of its pre-emption. 4. In Abdus Sattar Mallick Vs. Younus Mallick and ors., 12 DLR 8......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......sferee of the holding takes it subject to that right "whether the transfer is made before or after an application for pre emption and that subsequent transferee is a proper party to the pre-emption proceeding." These two cases do not appear to be of any help to answer the contention raised in th..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....er (the respondent no 6 herein) on the progression of investigation process, (2) the Chairman of the Anti Corruption Commission, henceforth, the Commission, by himself had no power whatsoever to take any decision like the one that prompted the respondent no.5 to issue the impugned order, (3) inducti......s of the sub-continent unabated. So, in a plentitude of cases, including those one catalogued below, the Indian superior courts held that an FIR or a complaint petition can be quashed at a very early stage, at the threshold, if no offence is disclosed by the said instruments. In the cases of Shrei I......st Information Report (FIR), dated 27th March 2002, invoking sections 409, 418, 201, 217, 218, 109 of the Penal Code, and Section 5(2) of the Prevention of Corruption Act 1947, which set the criminal proceeding concerned, rolling. The verbatim text of the FIR is reproduced below; প্রাপ..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
....ut filed the application for an inquiry into his C.C account to ascertain whether the sale proceeds against the saving certificates were properly adjusted, so that he is not deprived by imposition of any extra liability, which he does not owe to the bank. The matter of appointment of an Audit Commis......reafter the petitioner filed two more applications for compliance of the same order of the High Court Division, although the order was already complied with. When the execution case was at concluding stage, the petitioner filed another application for an inquiry under section 20 of the Financial Ins...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 129
....ublished in the Bangladesh Gazette Extra-ordinary on March 20, 1972 of the Ministry of Industries, the Management of M/s. E. Pak Traders, Tejgaon Industrial Area, Dacca and M/s. Masood Reza & Company, Reza Chamber, 75, Motijheel Commercial Area, under M/s. Masood Reza Group of Industries includi......l and management of the said commercial concern from the Ministry of Commerce (Commerce Division, to the Nationalised Industries Division without concurrence of the Ministry of Commerce at this stage.
Since this is purely a commercial concern, the proposed transfer of the concern to the S...... by mutual discussions. It was observed that "as no case has been made out that there is any lien of anybody in the firm the financial involvement can be sorted out either mutually or by way of civil proceeding but that would not stand in the way of issuing the writ as has been prayed for".
10. L..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice expiring with the end of a year of the tenancy; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of eith...... appear that the defendant-appellant raised this point before. In none of the courts below, this point regarding the sufficiency of notice was raised. In the absence of such objection at the relevant stage, facts necessary to determine the sufficiency or otherwise of the notice served upon the def......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..Category: Property Law | Date: | Hits: 103
.... the Thana Nirbahi Officer, Palash for the reasons best known to him sent a proposal to the Deputy Commissioner, Narsingdi for curtailing said Khanepur Mouza from Charsindur Union without publishing any list or notice as required under rule 2(1)(b) of the Declaration and Alteration of Limits of Uni......for inclusion of the area in question (Khenapur Mouza) into newly declared Palash Pourashava as an urban area for inclusion therein. The purpose and intent of the issuance of the public notice at the stage of declaration of municipality was to appraise to the local inhabitants about the above propos......ion made by Mr. Afric."
Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner.
The petition is dismissed.
Ed.
This Case is also Reported in: ..
Category: Election Law | Date: | Hits: 190
M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
....the payment to the corresponding Bank under letters of credit being Nos.BBA/01/99/565/DP and BBA/01/99/564/DP both dated 20.10.1999 and restraining defendant No.5 (respondent No.2 herein) from making any payment under the said letters of credit thereby allowing appeal. 2. The plaintiff-petitioner......red quality and standard and the said inspecting organization conducted second and final inspection on 20th January, 1999 and found the garment good and fit to be exported. The defendant No.1 at this stage informed that they will soon give necessary instruction for shipment of the goods/garments. Th......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 208
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....ther Bibhuti Bhusan entered into the said house in 1947 just after the partition and lived therein with his family till his death in 1971: that the defendant was neither a tenant nor a licencee under anybody; that after the death of his father the defendant and the members of his family continued to......the relief claimed by him in a Court of Small Causes depend upon the proof or disproof of a title to immovable property or other title which such a Court cannot finally determine the Court may at any stage of the proceedings return the plaint to be presented to a Court having jurisdiction to determi......aimed by him in a Court of Small Causes depend upon the proof or disproof of a title to immovable property or other title which such a Court cannot finally determine the Court may at any stage of the proceedings return the plaint to be presented to a Court having jurisdiction to determine the title...Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....rrear rent is to be found in section 63C of the State Acquisition and Tenancy Act which, inter alia, provides that all arears of rent and cess together with interest thereon which remained due to any rent receiver in respect of any interest on the date of acquisition, and which have not become b......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......nd Order dated 28.4.77 passed by the High Court in Civil Revision Case No.29 of 1972) Judgment Kemaluddin Hossain CJ.- Decree-holder is the appellant and the matter arises out of an execution proceeding started by one of the judgment debtors for setting aside the auction sale. The facts in..Category: Property Law | Date: | Hits: 60
Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)
.... amendment of the decree is to delay the proceeding. 6. The proceedings in a partition suit subsists till passing of the final decree. By the preliminary decree only disputed question of title, if any and extent of share of the parties along with the question of possession, are determined. Once......ction was filed to the same on 18th April, 1975. The Subordinate Judge allowed the prayer for drawing up final decree, but prayer for amendment of the decree was rejected on the ground that at this stage the Court cannot go beyond the preliminary decree. The appellant moved a revisional applicat......ional application under Section 115 of the Code of Civil Procedure before the High Court Division but it was summarily rejected on the ground that the move taken by the appellant was for delaying the proceedings as he is in possession of the properties. 3. Against this order leave was granted to ..Category: Property Law | Date: | Hits: 78
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....hat admittedly, the petitioner is an industry/establishment as per the definition of the Industrial Relation Ordinance, 1969 and, as such, the Labour Court has the jurisdiction to try and dispose of any petition filed by the respondent No.2 as per worker. It has further stated that the petitioner m......ision observed: "The contention as to the jurisdiction of the Labour Court was raised for the first time at the time of argument before us. It is true that the question of law can be raised at any stage but the age-old golden principal is that the question of jurisdiction must be raised at the ea...... or reward either directly or through a contractor to do any skilled, unskilled, manual, technical or clerical work whether the terms of employment be expressed or implied and for the purposes of any proceeding under this Ordinance in relation to on industrial dispute includes a person who has been ..Category: Labour and Industrial Law | Date: | Hits: 201
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....ing possession of the case land. He finally submits that the judgments and orders passed by the Courts below in allowing the case in favour of the opposite party No. 1(first party) do not suffer from any infirmity or illegality warranting interference of this Court and the Rule, thus should be disch......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......was actual apprehension of breach of peace in between the parties concerning the case land. 4. Considering the enquiry report the Chief Metropolitan Magistrate by his order dated 28-5-1997 drawing proceedings under section 145 of the Code directed the parties to maintain status quo in respect of ..Category: Criminal Law | Date: | Hits: 122
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
.... May 25, 1977. Result: The appeal is allowed. Cases Referred to- Kabir Ahmed Vs. State, (1974) 26 DLR 44; Alam & ors. Vs. State, (1967) 19 DLR (SC) 242; Colonial Sugar Refining Company Ltd. Vs. Irving, (1905) Appeal Cases 369. Lawyers Involved: Ahmed Sobhan, Senior Advocate,......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......nal for trial. The appellants prayer for bail having been rejected by the Special Tribunal they moved the High Court Division under section 561A of the Code of Criminal Procedure for quashment of the proceedings in so far as it relates to section 16(3) of the Act. The High Court Division summarily..Category: Criminal Law | Date: | Hits: 76
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....d by another deed of reconveyance registered on the same date i.e. 29.8.1949. In the said deed of reconveyance, it was stipulated that on repayment of consideration money within the month of Poush of any year from 1357-1379 B.S., the plaintiff would get back the suit land. Meanwhile the said Haider ......used. Opposite party Nos. 1-5 realised a sum of total Taka 89,000/= (66,000/= + 23,000/=) from the usufructs of crops produced in the suit land during thirty three years of possession thereof. At one stage the plaintiff filed an application being Miscellaneous Case No. 54 of 1973 under section 95(4)......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 87
....arers by purchase are entitled to get their saham separately and as such they are necessary parties in the partition suit. He further submits that neither defendant Nos. 9-10 nor the petitioners knew anything about pendency of the suit and as such they (petitioners) could not turn up to the Court im......-24 were made defendants therein. Some of the defendants were contesting the suit by filling written statements. After conclusion of trial, the Court fixed 22.9.2010 for delivery of judgment. At that stage, the present petitioners approached the trial Court with an application for addition of partie......d for delivery of judgment. Challenging the said order of rejection, the petitioners moved in this Court with the instant Civil Revision, obtained the Rule and an ad interim order staying all further proceedings in the suit.
3. Mr. Tushar Kanti Roy, learned Advocate appearing for the petitioners ..
Category: Procedural Law | Date: | Hits: 77
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....oined in his post and his joining report was duly accepted after necessary formalities and he is continuing in his post and working and signing his attendance register and his service cannot be under any circumstances be taken away without due process of law as such the impugned order as contained i......that in Karunakar case there was a regular departmental enquiry but the enquiry report was not given to the officer. This Court directed the report to be given and set aside the proceedings from that stage and stated that no order for reinstatement or back wages need be passed at that stage. But in ......away without due process of law as such the impugned order as contained in Annexure-G is devoid of natural justice also. The learned Counsel further submitted that while issuing the impugned order no proceedings as contemplated under Government Servant (Discipline and Appeal) Rules, 1985 has been in..Category: Employment/Service Law | Date: | Hits: 155
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