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Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....mendment with mala fide intention and thereby he had changed the nature and character of his pleadÂings and that “if the same is allowed it will take away the admission made by the parties without anything more." 6. Mr. Kamal-ul-Alam, learned counsel for the appellant contended that both the d......spute that the defendant may plead alternative case while denying the plaintiff's case in his written statement and is also privileged to file additional written statement under order 8 Rule 9 at any stage of the proceedings with the leave of the Court. This is a discretionary power of the Court in ......000 SC 614. 8. We do not dispute the last submission of the learned counsel. It is now established principle that the Court may at any time allow amendment of the pleadings to rectify error in any proceedings in a suit and all necessary amendments shall be made "for the purpose of determining the..Category: Civil Law | Date: | Hits: 86
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....me to time. The relevant sections that require to be considered are sections 18(1), 18(5) and section 19(1) of the Ordinance, the relevant parts of which are as follows: “18. (1) Notwithstanding anything conÂtained in the Transfer of Property Act, 1882, or the Contract Act, 1872 no orÂder or ......hat the appellant did tender the rent in time and it was refused by the landlord. This is a question of facts and no leave has been granted on this question and as such it cannot be re-opened at this stage. 16. We now turn to the third question, and it will not take us long in view of the fact th......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this apÂpeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183...Category: Property Law | Date: | Hits: 87
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....ted calls. The suit was taken up for ex parte disposal. But, as the Courts hour was over, 13-6-1983 was fixed for ex parte disposal. On 13-6-1983 plaintiff filed hazira but the defendant did not take any step and was found absent on repeated calls. The suit was taken for ex parte disposal. Mr. Shah ......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......as called for hearing, the Court shall make an order setting aside the decree as against him upon such terms as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit: Provided that where the decree is of such a nature that it cannot be se..Category: Procedural Law | Date: | Hits: 80
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
.........Petitioner Vs. Arifur Rahman and others.......................Opposite Parties Judgment November 27, 1997. Result: No illegality was found in the impugned judgment to call for any interference by this Court. Cases Referred To- Gokal Chand and others Vs. the Firm of Huka......at any of the attesting witnesses was present at the time of finalisation of talk for entering into the alleged agreement by the parties. The attesting witnesses appeared on the scene at a subsequent stage only at the time of execution of the alleged bainapatra, which is just a follow up of the earl......time of finalisation of talk. It has been clearly asserted in paragraph 1 of the written statement that the plaintiff is not the real plaintiff of the suit and in his garb defendant No.1 started this proceeding for making illegal gains. It appears that at no point of time the plaintiff appeared in t..Category: Procedural Law | Date: | Hits: 68
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
....ed arms and ammunition be forfeited in favour of the State. The case matter in the FIR, in a nutshell, is as follows: The informant SI Mr. Md. Farooq Khalil of RAB-3 and four others, all accompanying members of RAB-3, after appearing before the Siddhirganj Police Station, Narayanganj, along w......in support of the defence and if he had anything more to say. But the accused pleaded not guilty and he has declined to adduce any witness in support of his case. He did not confess his guilt at this stage. Now, considering the line of decisions of the apex Court on this point, we have noticed the p...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ..Category: Criminal Law | Date: | Hits: 79
....10th May, 2010 observed that the writ petitioners have legitimate expectation to be absorbed in the revenue budget and accordingly made the rule absolute. The High Court Division however did not give any direction to regularize the writ petitions in the revenue set up.
C.P. No. 1948 of 2011
3.......egitimate Expectation’ was not raised in the petition and no foundation was laid in the pleadings for such a plea being advanced before the Court. Strangely, the High Court allowed this plea at the stage of argument and allowed the petitions only on the ground of ‘Legitimate Expectation’ witho......
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
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Category: Employment/Service Law | Date: | Hits: 147
State Vs. Md. Shahidul Islam and others, 2011, 40 CLC (AD)
....nd Mosaraf having been convicted and sentenced to imprisonment for life and another accused Pichon Mia having been convicted and sentenced to imprisonment for 3(three) years and they having not filed any appeal, the High Court Division committed illegality in setting aside the entire judgment of the......cusation that as per order of Shahidul Islam, all accused persons including the respondents being armed with deadly weapons trespassed into the house of Shah Alam, broke doors and windows, and at one stage, Monirul Islam gave a ramdao blow on the head of Mizan Mia, causing grievous injury; Amir Hoss......large the respondent Nos.2-6 on bail to its satisfaction, if they submit bail bonds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 69
Chutta Miah Vs. State, 2004, 33 CLC (HCD)
....al Code. 3. During trial the accused petitioner Chutta Mia remained absconding. He was arrested on 14‑2‑2004 and produced before the Court on 17‑2‑2004. Meanwhile, prosecution examined as many as 14 witnesses and the Court below declared closure of the prosecution evidence on 17‑2‑200......e to the Court and under section 540 of the Code of Criminal Procedure, a Court has power to recall any witnesses and to re‑examine him either of its own motion or at the instance of a party at any stage of the inquiry, trial or other proceeding under this Code "if his evidence appears to it essen......of the Code of Criminal Procedure, a Court has power to recall any witnesses and to re‑examine him either of its own motion or at the instance of a party at any stage of the inquiry, trial or other proceeding under this Code "if his evidence appears to it essential to the just decision of the case..Category: Criminal Law | Date: | Hits: 68
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....€‘o‑Shishu Nirjatan Case No. 128 of 2001 against her husband Azam Khan, the younger brother of Aga Khan for claiming dowry. Thus the petitioner is innocent and not at all connected or concerned, in any way, with the said Special Case nor he is Md. Abul Kalam Azad, son of Md. Nurul Islam, the convi......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......in @ Md. Abul Kalam Azad is threatening them. It appears from order dated 10‑7‑2002 of the said case that the Investigating Officer in his report stated that the actual name of the accused in the proceeding under section 107 is Md. Azad Hossain, son of late Ali Hossain and the accused No. 2 is R..Category: Criminal Law | Date: | Hits: 73
Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
....he petitioner Dr. Qazi Faruque Ahmed is hereby enlarged on bail to the satisfaction of Deputy Commissioner, Dhaka in Pallabi PS Case No. 31 (6) 2004 dated 20‑6‑2004 till framing of the charge, if any, in this case and in the event of framing of charge against the petitioner the trial Court shall......04 before the Magistrate, 1st Class, Manikganj disclosing the complicity of the petitioner in this case in specific terms. Therefore, this petitioner does not deserve bail in the present case at this stage, which involves capital punishment as well. 7. Heard the learned Counsels, perused the peti......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ..Category: Criminal Law | Date: | Hits: 81
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....Act to reject a plaint and having so acted in rejecting the plaint it went beyond its jurisdiction. 5. Secondly, it was submitted that the Court was wrong to find that as the suit was not filed by any bank or financial institution and/or that the debt, claimed against the defendants was not a 'ma......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......ding of section 5(1) of the Act, makes it clear that the Court shall have full power to decide all questions, whether of title, priority, or of any nature whatsoever which may arise in the bankruptcy proceeding or which the Court may deem fit, expedient or necessary to decide for doing complete just..Category: Others | Date: | Hits: 185
Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....vision. 7. Mahbuddin, learned Advocate, appeaÂring on behalf of the leave petitioner, submits that the impugned order was delivered without hearing the Election Commission although before passing any order or direction, interim or otherwise in relation to an election, it is necessary to hear the......mpugned order. This leave petition has been taken up for hearing today i.e. 27-10-2011. Admittedly, the election of Narayangonj City Corporation is scheduled to be held on 30-10-2011. At this belated stage, it is not desirable to interfere with the election process admittedly when symbol has been al......passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observaÂtion made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ..Category: Election Law | Date: | Hits: 250
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
.... also barred by Order VII rule 11 (d) of the Code of Civil Procedure. Defendant No.1 did not make the disputed gifts in accordance with the deed of lease and, as such, both the oral gifts do not have any legal effect and for this reason the suit is liable to be dismissed. The suit property was lease......at there is legal bar of alienation of the lease hold property under the Cantonment Board without permission of the Board. In order to overcome this situation, the plaintiff may seek amendment at any stage of the suit. If the plaintiff finds that she will not get full relief in the suit, she can ame......aimed relief against defendant No.3 and the High Court Division erred in law in reversing the judgment of the trial Court. Whether according to section 272 of the Cantonment Act, 1924, "No suit or proceeding shall be entertained in any Court against any Board or any Officer Commanding a station, ..Category: Property Law | Date: | Hits: 81
....lso no direction by the High Court Division for giving the back salaries and twinge benefits to the petitioners from the date of termination till their reinstatement. The respondents have not flouted any order of the Court nor showed least disregard to the Court's order. For the reasons stated the R......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
...... the intransigence, recalcitrance or contumacy of a part or a witness or for compelling obedience to the orders of the Court, then this power should not be invoked.
………………in a contempt proceeding a reprimand is a recognised mode of punishment where the offence is not grave. It is no l..
Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
....pter which regulated the right and liabilities of a raiyat was made applicable to tenants of non-agricultural land but it does not enlarge the content of the right as given in section 96 or introduce any change in the incidents of the right. In other words, it does not materially affect the characte...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ......-1965. In that case the question involved was as to whether an application for pre-emption under section 96 of the SAT Act could be entertained in respect of Non-Agricultural land. The Supreme Court, proceeding on the admitted basis that the dispute was as to non-agricultural homestead land within t..Category: Property Law | Date: | Hits: 70
Sabdul Ali (Md.) Vs. Md. Mabed Ali Sarker, 1997, 26 CLC (HCD)
.... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ...... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ......tant Attorney-General - For the State. Criminal Miscellaneous Case No. 3208 of 1995. Judgment Md. Gholam Rabbani J.- Petitioner before us Md. Sabdul Ali has obtained this Rule for quashing a proceeding in Non-GR Case No.157 under section 145 of the Code of Criminal Procedure now pending in ..Category: Property Law | Date: | Hits: 75
Prodip Kumar Dutta & another Vs. Mira Rani Dutta and another, 2004, 33 CLC (HCD)
....brother and mother of the deceased even when they were present before him and such order has definitely resulted in failure of justice. 18. In the result, the Rule is made absolute without however any order as to cost and impugned order dated 19‑1‑03 is hereby set aside. The application of Pr......to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571.......du governed by the Dayabagha Law are heirs as 'Sapindas'. The claims of such heirs however inferior to those of said opposite parties’ wife and son, their right to citation and to be present in the proceeding for a succession certificate could not be denied. So, the impugned order of learned Joint..Category: Property Law | Date: | Hits: 69
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....city connection to the land. 9. Defendant No. 11 RAJUK also filed a written statement denying, the case of the plaintiff. It although cross-examined the witness of the plaintiff but did not adduce any evidence. It contended that the suit was not maintainable without prior notice under section 169......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......m Waqf Estate being EC No. 16392. While Obaidul Islam was thus in exclusive possession of the suit land, on 9‑1‑92 defendant Nos. 1 to 8 dispossessed him therefrom. Hence, the suit. During the proceeding of the suit, on 10‑4‑96 Obaidul Islam died leaving the present plaintiffs as his only..Category: Property Law | Date: | Hits: 85
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....ut costs. The plaintiff do get Tk. 97,750/- with interest @15% per annum till reÂalisation." 3. The petitioner filed an application in the said Money Suit slating that the plaintiff has not filed any Execution Case against the defendants but the defendants pray for directing the Court to deposit......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ...... the petitioner is that reading of the decree shows that the interest is to be paid from the date of decree and not from the date of institution of the suit and hence the trial Court acted wrongly in proceeding with Execution Case. The impugned orders show that the Execution Court isÂsued order of ..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
.... have been rejected in limine. The Court was misled by the petitioners and a fraud was committed upon the Court by the petitioner with knowledge that he is a fugitive from justice and not entitled to any protection of this Court either in ApÂpeal or in Revision, but obtained this Rule, which need b...... of conviction in absentia. This is also the finding of the Court of AddiÂtional Sessions Judge, 3rd Court, Dhaka when the Court in dismissing the appeal found that the appelÂlants from the initial stage were absconding and only after warrant of arrest was issued they surrendered in Court and was ......on is moved under section 435 read with section 439 of the Code of Criminal Procedure. Under section 435 this Court is to see the legality or propriety of any finding, or to see the regularity of any proceeding of such inferior Court and when calling for such record directing that the execution of a..Category: Criminal Law | Date: | Hits: 95
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