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Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)
....te to attach the disputed properties and appoint receiver while drawing up proceedings under section 145 Cr.P.C. if the Magistrate is satisfied that there is likelihood of breach of peace regarding any immovable property. The contention of the learned Counsel is, therefore, accepted in part. But t......attachment cannot stay the operation of the order as he did by his order on the following day is misconceived. Sub-section (5) of Section 145 Cr.P.C. contemplates dropping of proceedings when the stages preceding thereto have been overcome/drawn up earlier under sub-section (1). But the Court ...... 1977) Judgment Badrul Haidur Chowdhury J.- This petition for special leave arises out of an order passed by the High Court Division. 2. The Sub-Divisional Magistrate, Sadar, Khulna, drew up proceedings under section 145 Cr. P.C. by his order dated 11-7-77 and on the same day attached the d..Category: Criminal Law | Date: | Hits: 69
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....,49,541/-as taxes on source, but the same was paid before submitting the statement. Consequently, he submitted statement of properties of Tk.1,40,36,461.19 + Tk. 19,49,541= Tk. 1,59,86,002.19 without any basis. 4. By misusing the power and with the aid of appellant No. 1, appellant No.2 illegally......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......at no such offence of abetment could be conceived of in respect of an offence under section 26(2) or 27(1) of the ACC Act, 2004. Accordingly, lodging of FIR, taking cognizance, initiation of criminal proceedings against the writ-petitioner are unwarranted, unauthorised and without jurisdiction." ..Category: Criminal Law | Date: | Hits: 108
....te Division
(Civil)
Present:
Kemaluddin Hossain CJ
Fazle Munim J
Ruhul Islam J
Chittagong Port Authority and another…………Appellants
Vs.
M/s. Crete Construction Company Ltd., & another……………Respondents
Judgment
April 27, 1978.
Result:
The ...... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
......d 25-3-1977 passed by the High Court in F.M.A. No. 128 of 1977).
Judgment
Kemaluddin Hossain CJ.- This appeal by special leave arises from an order passed in a suit refusing to stay all further proceedings under section 34 of the Arbitration Act. The facts in outline are that Respondent 1 Cret..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
....ction 3(2) of the Special Powers Act directed that the detenu be detained in custody for a period of 30 days on the ground that it was necessary to detain him with a view to preventing him from doing any prejudicial act within the meaning of Section 2(f)(iii)(iv)(v)(vi)(vii) and (viii) of the Specia......arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ......rted in 38 DLR 1986 page 93. 8. In the case reported in 30 DLR 423 it has been observed "Non-service of the grounds of detention as required under Section 8 has been considered as fatal in the proceeding for detention itself, because it deprives the detenu from making necessary representati..Category: Criminal Law | Date: | Hits: 66
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....he defendant for Taka 1200/- in the last week of January 1947 and put him in possession, on receipt of the consideration, that as the vendors were in hurry to go to Calcutta, they could not execute any kabala. The Vendors also placed their other lands in charge of the defendant at the time of le......the pleadings but it appears that Courts in this country have not enforced this rule with any great rigidity and the plea of adverse possession has been allowed to be raised even in the appellate stage for the first time if it fairly arises on the facts proved, but even if such a plea could be r......laration of his title in the suit land measuring 5.75 acres and recovery of khas possession by removing all obstructions such as tin-shed house, fencing etc. and for mesne profits in a subsequent proceeding. 3. The case of the plaintiff in short is that the suit land belonged to Sarada Ranjan..Category: Property Law | Date: | Hits: 66
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
.... to and suborned the witnesses of the complainant, so that he was not able to bring them to depose on his behalf viz. Petition dated 9.10.84 and 19.2.85 etc. But the learned Magistrate did not take any measures for protection of the witnesses and enabling them to depose before the Court on behal....... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219.......embers of his family. The opposite party Nos.1 and 2 appeared before the learned Magistrate. Upon being examined under section 242 Cr. P.C. the opposite parties No.1 and 2 pleaded innocence. In the proceeding the petitioner examined 3 witnesses including himself, and the opposite parties examined ..Category: Criminal Law | Date: | Hits: 70
Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
....n on 10.2.88 was held therein peacefully in accordance with law from 8 A.M. to 5 P.M. The Presiding Officer after counting of votes of Chairman-candidates prepared his report without objection from any corner. But while he had started counting of votes of member candidates some goonda elements s......rdingly, the Rule is discharged without, however, any order as to cost. The Slay order passed on 12.7.88 hereby stands vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 215. ......e 9 i.e. 10.2.88, in our opinion, the impugned notification is not hit by Rule 6 sub-Rule (1) of the aforesaid Rules. Moreover the petitioner himself without raising any objection participated in the proceeding of the fresh poll held on 10.4.88. Thus, it is too late for him to question the validity ..Category: Election Law | Date: | Hits: 161
Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....the respondents to show cause why the impugned order being Memo. No. Sec. 1/18-56/86/303(5) dated 5.6.86 (Annexure G) issued by the respondent No.1 shall not be declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner with others formed a coo...... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210....... vested in the Additional Secretary-in-Charge under section 26 of the Ordinance and he himself had no power to issue cither the show cause notice or the impugned order of disqualification. The entire proceeding was without jurisdiction. 15. Mr. Abdur Rab Chowdhury next submits that under section ..Category: Civil Law | Date: | Hits: 87
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
....ade in the election petition. His contention was that the election was held legally, peacefully and in accordance with the Rules and that no invalid vote was counted in his favour and that no vole of any dead person or the person living abroad was cast in his favour. It was further stated that the c......erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ......ty but he did not file any written statement denying the allegations made against him. I find substance in this contention and hold that non-examination of the Presiding Officer who is a party in the proceeding cannot be fatal mistake in deciding the irregularity, if any, committed in counting of ..Category: Election Law | Date: | Hits: 163
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....he order of the Election Commission impugned in the suit cannot be termed as 'election'. He submits that it is a civil dispute other than election dispute and that the Court below has not committed any error in declining to reject the plaint. He contends that in spite of the report of the Presidin......which requires that the election should be gone through according to the time schedule. So every remedy for wrong done during the election process is required to be postponed to the post election stages. 9. That the plaintiff has brought the suit and has been fighting the litigation as a cand......s observed in 28 DLR (AD) 51 the whole process of choosing a representative starting with the filing of the nomination paper and ending with the declaration of the result. In this sense therefore the proceeding in which the Election Commission has passed the order impugned in the suit cannot but be ..Category: Election Law | Date: | Hits: 207
....notification dated 28.4.86 (Annexure E) so far as it relates to the petitioner's house at serial No. 41 under the heading "Motijheel Commercial Area" shall not be declared to have been passed without any lawful authority and to be of no legal effect.
2. The petitioner staled that she purchased th......ions of P.O. No.16 of 1972. When the statute has devised an alternative forum for giving complete relief to the petitioner, we fail to see how the petitioner can invoke this jurisdiction at the first stage without exhausting the remedy provided for in the Ordinance.
11. We, therefore, hold that......d as item No.31 under the heading "Motijheel" Mr. Sharif submits that the proviso (b) of Section 5 of the Ordinance provides that no such list shall include any building in respect of which a legal proceeding is pending before any Court immediately before the dale of publication of the list in the..
Category: Property Law | Date: | Hits: 171
Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)
....্ধি করিতে পারেন নাই। কাজেই মামলাটি খারিজ করিতে মর্জি হয়। 5. The plaintiff-opposite party did not file any written objection. The matter was heard by the learned Subordinate Judge on 18.8.88 and by the i......ter was heard by the learned Subordinate Judge on 18.8.88 and by the impugned order rejected the petitioner's application on the ground that this will delay the final disposal of the suit and at this stage there is no scope of an amendment of the written statement. 6. Thereafter the defendant-p......the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ..Category: Property Law | Date: | Hits: 58
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....junction was also obtained in the Title Suit No.82 of 1978 restraining the defendants-opposite party No.1 and others from entering into the property at Shayamali and from disturbing or interfering in any way with the peaceful possession and enjoyment of the property by the plaintiffs in that suit.......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ...... of peace the said caretaker took shelter of law by filing a petition before the S.D.O. (South) Dhaka under sections 107 and 117 of the Code of Criminal Procedure, being case No.757 of 1978. The said proceeding under section 107 has been drawn up against the opposite parties in the said case on 23.1..Category: Criminal Law | Date: | Hits: 77
Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)
....ce of the summons upon the defendant has cited the ruling although it was not necessary. According to him, the absence of signature of the alleged Mokabila witnesses in the service return without any explanation of the serving peon therein in that respect goes a long way to show that the proce......sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ......t the decree on 7.3.72 from his Karmachari Haripada Das. The case was contested by the plaintiff by filing a written objection denying the allegation of non-service of the process. In course of the proceeding Hara Mohan Das died and his legal heirs were brought on record. 3. Including the parti..Category: Procedural Law | Date: | Hits: 65
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
.... in exercise of its jurisdiction under section 561 A of the Code may quash a proceeding including the judgment and order of conviction and sentence passed therein in cases of (a) facts not disclosing any offence, (b) coram‑non‑judice, (c) bar of law, (d) lack of legal evidence adduced, and for s......Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......On an application by the convict petitioner, namely Md. Ayub Ali a Rule was issued calling upon the Deputy Commissioner Chittagong and the complainant opposite party No. 1 to show cause as to why the proceedings of CR Case No. 1017 of 1989 (B‑497/90) and the order dated 23‑9‑92 passed by the M..Category: Criminal Law | Date: | Hits: 87
Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)
.... Ain Sringkhala Bignakari Aparad Druta Bichar Ain, 2002, now pending in the Court of Mr. Golam Kabir, Magistrate 1st Class Druta Bichar Ain Adalat Sherpur should not be transferred from that Court to any other appropriate Court for fair and impartial trial and disposal. 2. The matter being urgent......e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281....... accused for time on 07-01‑2004 to move application under section 526 of the Code before the High Court Division and the copy of the order dated 07‑01‑2004 by the Court rejecting the prayer and proceeding with the case, examining witnesses and fixing next date for argument, having filed the sa..Category: Criminal Law | Date: | Hits: 71
Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
....ite Parties Judgment March 15, 2004 Result: The Rule is discharged. Cases Referred to- SE Kabir Vs. Spencer & Co, (Pak) Ltd and others, 21 DLR 581; Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 30 DLR 262; Messrs Malik and Haq and another Vs. Muhammad Sha......ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ......96. He disobeyed the order of the Head Master. He misbehaved with Babu Anil Chakraborty on 23‑07‑1996. Earlier, he took away the wood, tin and fencing of the school for which previously there was proceeding against him and he begged mercy and the authority granted him pardon. Due to his miscondu..Category: Employment/Service Law | Date: | Hits: 96
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
....68 acres of land was divided into 10 groups. Of them, work of seven groups was first given to the plaintiff. Then, the rest of the work was also given to the plaintiff. The plaintiff did never submit any bill of Taka 26,97,55,755 in the office of the defendants. The plaintiff was already paid Taka 1......pon hearing the parties, learned Joint District Judge by impugned order, the learned Joint District Judge rejected the applications on the view that it was not possible for the Court to decide at the stage to determine quantum of the work done and running bills. 8. On 19‑11‑03 the plaintiff a......rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ..Category: Civil Law | Date: | Hits: 73
.....
d) To pass a decree restraining the defendant No.1 from mutating the shares of M/s NV Philips defendant No 6 in favour of M/s Transcom Limited the defendant No.7 in the share Register of the Company.
e) To pass a decree restraining the defendant No.7 from purchasing the shares of M/s NV Phil......mitting to transfer defendant No.6 certain number of shares of defendant No.7) inoperative, void and not binding on the plaintiffs. This could be decided only at the trial of the suit and not at this stage.
9. Mr. Aminul Hoque, the learned Attorney General appearing for the opposite party Nos. ......urt, however, is directed to dispose of the concerned suit expeditiously.
Communicate this order to the concerned Court immediately.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 749...
Category: Company Law | Date: | Hits: 181
....fter filed the case No.668 of 1988 (Ka‑62‑Block‑F, Joint Quarters, Mohammadpur, Dhaka) in the Court of Settlement of Bangladesh Abandoned Buildings, Dhaka.
4. The Government did not file any written statement in the case but contested the same at the hearing mainly on the ground that th......' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
......'s Order 16 of 1972 and vested in the Government; that the alleged Bainanama is got up and ante‑dated one and the judgment and decree in pursuance of the Bainanama is void ab initio and the present proceeding is not hit by provisos (a) and (b) of section 5(i) of the Abandoned Buildings (Supplement..
Category: Property Law | Date: | Hits: 81
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