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Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....the CIB Report and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts of the case as stated in the petition are that the petitioner No. 1 is a company engaged in jute mills business and petitioner No. 2 is its Managing Director. Petitioner No. 1 h......said report it appears that on 31-12-1992 the loan of the petitioner company was classified. Thereafter the respondent bank filed Artha Rin suit for the realisation of the dues of the bank and at one stage, the respondent bank issued a letter on 25-2-1995 offering certain terms and conditions to the...... No. 2 on the deed of compromise. 4. The petitioners then filed a writ petition being Writ Petition No. 1862 of 1997 before the High Court Division whereupon a Rule Nisi was issued and all further proceeding in the said suit was stayed by an order dated 7-4-1997. The respondent No.1 has now start..Category: Civil Law | Date: | Hits: 121
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
....ding of CR Case No. 2355 of 2001 are liable to be quashed on three grounds: firstly, the allegations made in the petition of complaint, even if taken to be true in their face value, do not constitute any offence, as the activities were a business transaction under a contract, with an element of dish...... dues; secondly, there was no entrustment of any property by the FDC to the petitioner and, as such, section 406 of the Penal Code is not attracted; and thirdly, there was no initial deception at any stage of the transaction and, as such, section 420 of the Penal Code is not attracted. 6. In supp...... No. 1927 of 2002 Judgment Md. Emdadul Huq J. - In this case under section 561A of the Code of Criminal Procedure a Rule was issued calling upon the opposite parties to show cause as to why the proceeding, of CR Case No. 2355 of 2001 pending in the Court of Chief Metropolitan Magistrate, Dhaka..Category: Criminal Law | Date: | Hits: 95
....p;
......was filed challenging the legality and propriety of the Award on the ground of non-compliance as well as violation of the provisions of the Arbitration Act, 2001 by the Tribunal, and that too, at the stage of making and signing the Award, this Court is not inclined to enter into a discourse regardin......n Chowdhury J. - This is an application under section 42 read with section 43 of the Arbitration Act, 2001 for setting aside the Award dated 8-4-2006 passed by the Arbitral Tribunal in an arbitration proceeding between Saudi Arabian Airlines Corporation (the claimant) and Messrs Saudi-Bangladesh Ser..
Category: Alternative Dispute Resolution | Date: | Hits: 385
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
....ing with the accused persons at Balur Math. PW 6 Gulzar, a brother of the deceased, testified that he some time before the occurrence going to the place of occurrence, found the deceased in the company of the accused persons, who were playing cards. He farther submits that PWs 2, 3, 4, 6 and 9 a......ed against them. The charge was read over and explained to the accused on dock, who pleaded not guilty and claimed to be tried. Then in that Court evidence of eleven witnesses was recorded. At that stage the case was transferred to Druta Bichar Tribunal No. 3, Dhaka, where the remaining prosecut...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ..Category: Criminal Law | Date: | Hits: 67
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
....gned order cannot also be susÂtained because an offence under section 290 of the Penal Code being not a non-cognizable offence, the police was not competent to investigate into the matter and submit any charge-sheet without the preÂvious permission from a competent Magistrate and this having not b...... accused acquitted. The fine already paid by the accused petitioners need be reÂfunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306.......s not competent to investigate into the matter and submit any charge-sheet without the preÂvious permission from a competent Magistrate and this having not been done in the instant case the enÂtire proceeding was a nullity and the trial having been initiated on the basis of the said investigation,..Category: Criminal Law | Date: | Hits: 76
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....ther of P.W.1 was not then at home the First Information Report was lodged on his return after two days on 7.5.82 when the daroga was passing by the village. There was also Salish which ended without any reÂsult. 3. The police after investigation submitted charge-sheet against the accused-petiti......arrived at the finding of guilt of the accused-petitioner on consideration of the evidence on record, such concurrent finding of facts of two Courts are not liable to be interfered at this revisional stage. By way of controversion this argument of the learned Deputy Attorney-General the learned Advo......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ..Category: Criminal Law | Date: | Hits: 92
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....nd sentencing to suffer rigorous imprisonment for 10 years and to pay fine of Tk. 1000.00 in default to suffer rigorous imprisonment for one month more should not declared to have been passed without any lawful authority and is of no legal effect. 2. It is stated in the petition that the petition......oad. In the said assembly there were about 15/20 persons and the house of the informant situated near the general store. His younger brother Abdul Jalil was standing in front of his residence. At one stage co-accused Mokles and Miru hurled cocktails and one cocktail hit the left leg of the informant......ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220...Category: Criminal Law | Date: | Hits: 63
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....xed as Annexure-E to the contempt petition. On 3-4-94 Contemner No.1 wrote to the Shipping Ministry forwarding the joining report of the petitioner without treating it as a conditional one or raising any objection about its contents which is annexed as Annexure-2 in the affidavit in reply. On receip......the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209.......ated 29-7-97 the contemner-opposite party No.1 is present in Court in person. 2. This Rule for Contempt of Court was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the proceeding for contempt of Court should not be drawn up against them for not complying with the judg..Category: Others | Date: | Hits: 142
....plan to create disorder according to the specially confidential report received from the secret service agencies. It is stated that doubts surrounding his return from training school in India without any permission from the concerned authority on 20th August, 1975 after the occurrence of 15th August......release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201.......returned to Bangladesh through Benapole Border on 20th August, 1975 and as per the Army Rules and Regulations be reported to 55 Brigade Head Quarter at Jessore Cantonment. Thereafter the departmental proceeding was started against the detenu and others for coming back to Bangladesh without the conse..
Category: Criminal Law | Date: | Hits: 76
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....nt made by the Administrator of Waqfs under section 47 of the Waqfs OrdiÂnance, 1962 is a decision under section 50 of the Ordinance and it would be challenged by a person aggrieved. The expression "any person aggrieved" has been interpreted as "any person interested in the Waqf" and so held that t......gnizable by the Administrator of waqf and hence excluded from the cogniÂzance of the Civil Court. When a decision is made by the Administrator then the provision of section 102 is attracted but that stage has not yet come. On section 102 this Division has expressed its view in the case of A.K. Ahma......trator and the CommiÂttee, Chapter IV Enrolment of Waqfs, Chapter V, Waqf Accounts, Chapter VI Transfer of Waqf Properties, Chapter VII Mutawallis, Chapter VIII Finance; Chapter IX, Certain Judicial proceedings, Chapter X Amendment and Repeal of certain enactÂments. Chapter XI contains certain pro..Category: Trust/Waqf Law | Date: | Hits: 136
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....ed by the High Court Division in Criminal Miscellaneous Case Nos. 5687 of 2011, 5688 of 2011 and 5689 of 2011 under section 526 of the Code of Criminal Procedure for transferring the Session Cases to any other competent Court outside of Session Jurisdiction of Mymensingh discharging the Rules arisin......e by this Division. 15. From the impugned judgments, it appears that the High Court Division has held that the petitioner obtained the Rule suppressing the fact of warrant of arrest as well as the stage of examination of the accused petitioner under section 342 of the Code of Criminal Procedure a......Sessions Judge, Mymensingh to any other competent Court of Sessions except Mymensingh 8. A Division Bench of the High Court Division issued Rules on 28.02.2011 and also granted stay of all further proceedings of the cases. 9. Thereafter, the respondent-state being aggrieved by and dissatisfied..Category: Criminal Law | Date: | Hits: 80
....utside of Dhaka. Outside Dhaka, campuses, such as Rajshahi and Chittagong are functioning. According to section 4 of the Private Universities Act, 1992 (the Act, 1992) a University may be situated in any part of Bangladesh. As there is nothing in the Act, 1992 regarding setting up of campuses in oth......anted provisional approval to the petitioner and thereafter, the writ-respondents granted permission to admit students after 07.08.2003. The petitioner admitted 7, 894 students who are now in various stages of their education and currently there are 217 faculty members. The first convocation of the ......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
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Category: Others | Date: | Hits: 197
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....asi. Defendant No 1 claimed that Biman Dasi took lease of 10 decimals of land including the suit land from the Delaney Estate by executing kabuliyat in the year 1935 and that after possessing it for many years she gifted it to her daughter, Rabi Dasi, by a deed of gift dated 6-9-62. The lease of Bim......e Court and it is for the first time before the High Court Division in second appeal that this question was raised. ContenÂtion of Mr. M.H. Khondkar, is that a quesÂtion of law may be raised at any stage of a proceeding including a proceeding before the Appellate Division. There is hardly any disÂ...... it is for the first time before the High Court Division in second appeal that this question was raised. ContenÂtion of Mr. M.H. Khondkar, is that a quesÂtion of law may be raised at any stage of a proceeding including a proceeding before the Appellate Division. There is hardly any disÂpute that ..Category: Property Law | Date: | Hits: 58
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
....he Income Tax Act. Being aggrieved, the assessee preferred appeal before the Appellate AssisÂtant Commissioner, who set aside the assessÂment on the ground that the Income Tax Officer had not given any reason for sumÂmary assessment and directed the Income Tax Officer to made fresh assessment in ......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ......directed the Income Tax Officer to made fresh assessment in accorÂdance with law. On the points of jurisdiction and limitation, the Appellate Assistant Commissioner, however, held that initiation of proceedings u/s 34 of the Act was valid and not barred by limitation. The assessee preÂferred a sec..Category: Fiscal/Taxation Law | Date: | Hits: 104
Shafiqur Rahman and others Vs. Nurul Islam ChowÂdhury and others, 1982, 11 CLC (AD)
....Code, He attached the land involÂved, and appointed Circle Officer (Revenue), Chakaria receiver of the same. Written statement was filed by the predecessor of the appellants who denied to have filed any application for drawing up proceeding unÂder section 145 of the Criminal Procedure Code. It was......ts subordinate to it. On its administrative side the power is known as the power of superintendence; and on the judicial side it is known as the power of revision. The High Court Division can, at any stage, when illegalities or irrgularies resulting in the failure of justice, call for records and ex......lÂved, and appointed Circle Officer (Revenue), Chakaria receiver of the same. Written statement was filed by the predecessor of the appellants who denied to have filed any application for drawing up proceeding unÂder section 145 of the Criminal Procedure Code. It was asserted by him that there was..Category: Others | Date: | Hits: 135
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
.... lands as Karsha tenÂants and for confirmation of their possession in the said lands as well as for a permanent injunction restraining the defendants from inÂterfering with their said possession in any manner. This suit was renumbered as Title Suit No.59 of 1954, when it was transferred to the 3rd......said lands when they reappeared after diluvion by virtue of their right to reformation in situ and there appears to be no allegation in the plaint relating to accrual of any right of accretion at any stage, requiring the applicaÂtion of section 87 as amended by President's Order Nos. 72 and 137 of ......fore the date of comÂmencement of the State Acquisition and Tenancy (Sixth Amendment) Order, 1972 (P.O. No.137 of 1972), under the law then in force. (3) All suits, applications, appeals or other proceedings for the assertion of any claims to hold, as an increment to any holding, any land gained..Category: Property Law | Date: | Hits: 133
Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)
....aving done so the Tribunal considered it cannot be ascertained that for whom those 10 votes were cast and curiously again noticed that it cannot be said that those 10 votes were not cast in favour of any particuÂlar candidate. Having arrived at such concluÂsion in jigsaw manner the Tribunal consid......e is remanded back to the TribuÂnal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191....... Badrul Haider Chowdhury J.- This appeal by special leave is directed against an order dated 11.7.78 passed by the High Court DiviÂsion in Writ Petition No.806 of 1977. Facts giving rise to the proceeding are as follows:— Respondent No.2 contested for the post of Chairmanship of No.14, Ba..Category: Election Law | Date: | Hits: 163
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....the leave petitioners, submits that the High Court Division wrongly came to a finding that the proposed amendment would change nature and character of the suit although addition of new fact cannot in any way change the nature and character and as such the impugned judgment delivered by the High Cour...... amendment of plaint incorporating new facts and prayer. 14. On 27.07.2006, the trial Court allowed the application for amendment of plaint with a cost of Tk.500 as it was filed at a belated stage without assigning any other reason whatsoever. 15. The contesting defendant challenged the...... character of the suit land this Division held as under: “Turning to the leave order we find that it is now well-settled that the amendment of the pleadings could be allowed at any stage of the proceedings for the purpose of determining the real question of controversy between the parties, but..Category: Procedural Law | Date: | Hits: 100
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
.... Registrar of Cooperative Society. He referring to sections 83 and 86 of Samabaya Samity Ain, 2001 and Rule 159 of Samabaya Samity Bhidimala, 2004 submits that in case of criminal offence relating to any co-operative society being non-cognizable offence notwithstanding anything contained in the Code......t, a private party, without any authority under the Samabaya Samity Ain, 2001. Thus he submits that since the case is not maintainable being barred by law the proceeding can be quashed at its initial stage. He in support of his contention cited the decisions in the cases of Abdul Quader Chowdhury Vs...... 2008. Judgment Md. Delwar Hossain J.- This Rule was issued upon an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the proceedings of Tejgaon Police Station Case No.48 dated 21-7-2007 corresponding to GR No.573 of 2007 ..Category: Criminal Law | Date: | Hits: 86
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....1-2-2008 under sections 420/409 of the Penal Code, now pending in the 4th Court of Additional Chief Metropolitan Magistrate, Dhaka, should not quashed, so far it relates to the accused-petitioner, or any other order passed as to this Court may deem fit and proper. 2. By the said Rule issuing orde......oner should not be compelled to wait till hearing of charge under section 241A of the Code of Criminal Procedure. He submits that there is no legal bar for quashment of the proceedings at the initial stage of the investigation in order to prevent abuse of the process of the Court. In support of his ......2008. Judgment Khondker 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 ACC GR Case No.51 of 2008 arising out of Shyampur PS Case No.1 dated 1-2-2008 under s..Category: Criminal Law | Date: | Hits: 61
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