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Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....ed petitioner, Abeda Chowdhury, under section 138 of the Negotiable instruments Act 1881 stating that the complainant Bank upon an application of the accused petitioner allowed the petitioner's company National Cold Storages Ltd. to pay its outstanding dues of Taka 94.02 lakh as interest free lo......nciple of law is that to bring a case within the purview of section 561A for the purpose of quashing a proceeding one of following conditions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case sta......y..................................Petitioner Vs. State and another.................................Opposite Parties Judgment October 29, 2009 Result: The Rule is discharged and the proceedings in Metropolitan Sessions case should not be quashed. Cases Referred to- Nizamuddin..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....ission Act, 2004, Rule 15 of Emergency Power Rules, 2007 and also under section 109 of the Penal Code, now pending in the Court of Metropolitan Senior Special Judge, Dhaka, should not be quashed or any other order passed as this Court may deem fit and proper. 2. At the time of issuance of the ......riminal Procedure can only be exercised when there is no other efficacious relief for obtaining proper justice in the cause. In the instant case, the accused-petitioner had scope to get remedy at the stage of framing charge by filing application under section 241A of the Code of Criminal Procedure. ......ment Khondker Musa Khaled J.- This rule, at the instant of an application under section 561A of the Code of Criminal Procedure, was issued calling upon opposite-parties to show cause as to why the proceeding of Metropolitan Special Case No.42 of 2009 arising out Ramna PS Case No.33 dated 19-8-200..Category: Criminal Law | Date: | Hits: 100
....y retired by operation of law on 31.1.73 and the proceedings before the Board and the subsequent orders were all illegal and without lawful authority. Secondly, dismissal order was bad for not giving any opportunity for adducing evidence.
4. The High Court considered that the appellant was due to......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256.......ssed by the High Court discharging the rule in Writ petition No.22 of 1974.
2. The appellant filed a writ petition challenging an order of dismissal passed on 26.11.73.
Facts giving rise to the proceeding are as follows:
The appellant was holding a civil post in the services of the Republi..
Category: Employment/Service Law | Date: | Hits: 107
.... that the process of acquisition and requisition commenced in the year 1961-62 and the petitioners got their lease on 20-11-2004 and 13.12.2004 and, therefore, they would not be entitled to receive any notice.
2. In WP No.4116 of 2007 the petitioner on behalf of the Waqf Administrator challenge......ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
......ons of section 93A of the Town Improvement Act, 1953 (TI Act, 1953) were not in existence. That application having been allowed, an additional prayer was inserted as A(1) "to show cause as to why the proceedings of LA Case No.138/61-62 so far as it relates to the petitioner's land should not be decl..
Category: Property Law | Date: | Hits: 106
Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)
....the departmental proceeding against this petitioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ......the departmental proceeding against this petitioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ...... rules. The Appellate Tribunal also opined that the above provisions of the Government Servants (Discipline & Appeal) Rules, 1985 are mandatory and violation of these rules has vitiated the whole proceedings initiated against the appellant. The Appellate Tribunal, therefore, allowed the appeal..Category: Administrative Law | Date: | Hits: 263
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
....se as the Appellate Division in the case of Anti-Corruption Commission Vs. M.K. Alamgir, 62 DLR (AD) 290 has held that the notice dated 18.2.2007 issued by the Secretary to the Commission was without any lawful authority, as such void and any proceeding based on the said void notice is a nullity in ......der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......further submits that the Judgment and order of conviction and sentence having been passed on the basis of the notice dated 18.2.2007 is void ab initio. He then submits that the very initiation of the proceeding is illegal and without jurisdiction as it is based on the notice dated 18.2.2007. He last..Category: Criminal Law | Date: | Hits: 133
....t of suit land was correctly prepared and R.S. record was also prepared in the name of the Government as per possession. It has been further alleged that the Jaminder or their employee never executed any Amalnama and Dakhila and if any such document is produced that must be anti-dated, forged and co......rte decree in Title Suit No.103 of 1987 has been asserted neither in the plaint nor in the Memo of appeal, as such I am unable to consider the aforesaid ex-parte decree as a piece of evidence at this stage of hearing of the revisional application.
18. It appears to me that on the basis of the pla......itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
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Category: Property Law | Date: | Hits: 82
Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)
....of the offence. 6. We have examined the documents referred by the learned Advocate for the appellants and also examined the provisions of law. The Drug Act, 1940 does not ousts the jurisdiction of any other Court to try an offence relating to drug under any other law. For better appreciation, the......ecting the appellants’ application for discharge. Whether the expired medicines were kept in the pharmacies to return to the manufacturers, are questions of facts to be determined in trial. At this stage the appellant cannot be discharged on such a defense plea, when a charge sheet has been filed ...... the Special Powers Act by his order dated 15.4.2008. The appellants filed the present criminal appeal against the said order of framing charge, and subsequently obtained an order staying all further proceedings of the case. 4. Mr. Pronay Kanti Roy, learned Advocate appearing for the appellants, ..Category: Criminal Law | Date: | Hits: 99
Shamsu Miah Vs. State, 2011, 40 CLC (HCD)
...., the learned Additional Sessions Judge examined the accused including the appellant under section 342 of the Code of Criminal Procedure, to which they reiterated their innocence, but did not examine any witness in defense. The defense case as it transpires from the trend of cross-examination that t.......3.1994 stating that she got married with one Ayat Ali 20/25 years back. Out of their wed-lock, two daughters were born. Thereafter the said Ayat Ali died leaving her in a helpless condition. At that stage, she was maintaining her livelihood by joining Road Maintenance Project (briefly R.M.P) under ......ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ..Category: Criminal Law | Date: | Hits: 87
Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)
....ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400.......ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400.......ame should be rejected. 5. The learned Joint District Judge, 2nd Court, Habigonj by his order No.145 dated 26.10.2005 rejected the said application for rejection of the plaint but stayed further proceedings of Title Suit No.213 of 1994 till final adjudication of Title Suit No.159 of 1966. Again..Category: Property Law | Date: | Hits: 75
....010 is liable to be set aside.
6. It' is further submitted on behalf the petitioner that the inquiry report submitted in accordance with the direction of the High Court Division does not disclose any evidence of forgery; rather there is an admission that the lease of the petitioner was concluded......d of the High Court Division, be communicated to the Chief Judicial Magistrate, Sunamganj for taking action as per direction made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
......, and in view of the report of the inquiry conducted by the Deputy Commissioner, Sunamganj which shows that the concerned office assistant has been proceeded against, although it is not apparent what proceeding was drawn against him, prima facie it appears to us that offences mentioned in section 19..
Category: Property Law | Date: | Hits: 90
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....eign Compensation Commission, (1969)2 AC 147; Tamil Nadu Vs. Ramalinga Samigal Madam, (1985) 4 SCO 10, Dhulabhai Vs. State of MP (1968)3 SCR 662; AIR 1969 SC 78; Secretary of State Vs. Mask & Company, 671A 222; AIR 1940 PC 105; MH Joarder Vs. East Pakistan, PLD Dac 648; M/s Sekander Jute Bailing...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......lain reading of the above quoted provisions of the Artha Rin Adalat Ain, it appears that except the provisions of this Act, no question shall be raised before any Court or authority about any pending proceeding in the Artha Rin Adalat, or its order, Judgment or decree, and if any relief is claimed o..Category: Civil Law | Date: | Hits: 141
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
.... with the coming into force of the Family Courts Ordinance, 1985 (Ordinance No. XVIII of 1985) with effect from 15th June, 1985. Magistrates were divested of the powers under section 488 CrPC to pass any order for maintenance as because the jurisdiction to entertain and dispose of a prayer for maint...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ......t fee of Taka 25.00. Section 16 provides procedure for enforcement of decree passed by a Family Court. From the above provisions of the Family Courts Ordinance, 1985 it becomes crystal clear that the proceedings before the Family Court shall be absolutely civil in nature and a decree passed by such ..Category: Family Law | Date: | Hits: 215
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....r declaration of plaintiffs title in the suit holding can be allowed by amending the plaint under Order 6 rule 17 of the Code of Civil Procedure which has been worded as follows: "The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and o......claration of plaintiffs title in the suit holding can be allowed by amending the plaint under Order 6 rule 17 of the Code of Civil Procedure which has been worded as follows: "The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on su......plaintiffs title in the suit holding can be allowed by amending the plaint under Order 6 rule 17 of the Code of Civil Procedure which has been worded as follows: "The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as m..Category: Property Law | Date: | Hits: 151
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....hani. On the submission of the charge sheet, the appellants, who are the labourers, came before the High Court Division for quashing the proceeding against them, alleging that they do not come within any of the clauses of section 21 of the Penal Code, and as such they were not public servants, and s...... appellants not having answered any of them, the Summary Military Court cannot take cognizance of the offence against them. We do not wish to enter into a prolonged discussion on the question at this stage, as any observation made by us may operate adversely to the accused at the trial. All that we ......ther the High Court Division is justified in holding that the labourer under a Government contractor is a public servant within the meaning of S.21 of the Penal Code. 2. It appears that a criminal proceeding being G.R, Case No.242 of 1976 before the Summary Military Court, Sadar, Noakhali is pend..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
.... and his father's name also was correctly recorded therein as Ainuddin. The alleged auction sale of the interest of Mani Mohan Dutta, the landlord of Mainuddin is not true and, even if there had been any such auction-sale it did not affect the interest of Mainuddin, as it was a protected interest ......g that the fight, title and interest of the defendants, if any, had been distinguished by the adverse possession of the plaintiffs, which does not appear to have been pleaded by the plaintiffs at any stage. The trial Court and the Court of first appeal positively negatived the plea of the settlement......in collusion with the heirs of Mainuddin to grab a portion of the land which has become valuable in the meantime. A dispute having arisen as to the possession of the land, defendant No.3, initiated a proceeding under section 145 of the Code of Criminal Procedure, in which possession having been fo..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
....ng aside an order dated 7-5-77 made by the 1st Court of Subordinate Judge, Dacca in a suit instituted by respondent Nos.1 and 2 against the petitioner and the remaining respondents, without issuing any rule upon the opposite parties impleaded in the said revisional application. 2. Caveat has b...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......e subordinate Court has committed any of the mistakes as have been enumerated in the section. This provision certainly creates a very wide power for the Court to interfere with an order made in a proceeding of a Subordinate Court under the circumstances as stated therein but clearly implies th..Category: Civil Law | Date: | Hits: 111
....of the Provisional Constitutional Order, 1969 read with Article 98 of the late Constitution of Pakistan for a declaration that the notice asking the appellant to make payment of Rs. 82/26 was without any lawful authority and also for a direction restraining Respondent No. 2 from realising amount in ...... 1882 it does not appear that there were any codified law relating to leases of non-agricultural land. As we have indicated above the tenancy laws connected with agricultural holding have developed stage by stage and the rights and liabilities of the lessors and the lessees of such holding have un......lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
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Category: Property Law | Date: | Hits: 114
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
....er closing the prosecution, learned Assistant Sessions Judge examined the appellants under section 342 of the Code of Criminal Procedure, to which they reiterated their innocence, but did not examine any witness in defense. The defense case as it transpires from the trend of cross-examination is tha......vestigation. He had visited the place of occurrence, prepared the sketch map with index and recorded statements of the witnesses under section 161 of the Code of Criminal Procedure. At the concluding stage of investigation, he was transferred from Naogaon and handed over the record to his successor ...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ..Category: Criminal Law | Date: | Hits: 103
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....after investigation submitted charge sheet on 30.4.1992 against twelve accused persons including the appellants under sections 382 and 457 of the Penal Code. During investigation the police arrested many suspects including the appellants, who made statements under section 164 of the Code of Criminal......m and threatened him to kill like Jabber, whom he (I.O.) had killed earlier. Still appellant No.1 did not agree to make any statement. Then the I.O poured chili-mixed water into his nostrils. At that stage he had no way but to make the statement. Appellant No.2 in his statement under section 342 of ......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 105
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