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KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
....it was contested by defendant No.1 by filing written statement denying the material allegation made in the plaint but ultimately did not turn up to depose in the suit. The defendant No.2 did not file any written statement nor contested the suit. It is only defendant No.3, the present appellant who c...... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ......argued that even if the guarantor is deemed to be included within the meaning of the word 'debtor' the appellant having not been guarantor of the borrowers for repayment of money borrowed by them, no proceeding under the Act could have been initiated against him. He next submits that the appellant h..Category: Civil Law | Date: | Hits: 83
....dule land was de‑requisitioned in favour of the plaintiffs and possession was delivered on 10‑2‑2001 except the second schedule land and in spite of repeated request the Government did not take any steps to evict the defendant Nos.4‑7 from the second schedule land and the said defendants ref......r dispossessed the plaintiffs from the second schedule land and prayed for dismissal of the suit.
5. The plaintiffs examined 3 P.Ws. and the defendant No.4 examined defendant No.1 in part. At that stage the defendant No.4 filed an application for amendment of the written statement and the trial C......or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51...
Category: Property Law | Date: | Hits: 71
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
.... though the plaintiff claimed that in a family arrangements Hamida and Sajeda got 14½ sataks of land and Korban Ali got 131½ sataks out of the schedule property, but the plaintiff could not produce any deed of family arrangements. The plaintiffs statements that Hamida transferred 7½ sataks of lan......er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ......d in CS plot No.241 under the CS khatian No.55. While the defendants tried to dispossess him from the suit land he filed an application under section 144 of the Code of Criminal Procedure and the proceedings was drawn under section 145 of the Code of Criminal Procedure and the defendant on getti..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....ther, he was a contiguous land holder to the case land. On 17‑3‑1976 opposite party No. 2 transferred his 1/3rd interest covering 0.361/3rd acre of land to opposite party No. 1 without service of any co-sharer's notice upon him. The said kabala was registered on 18‑1‑1980. Opposite party No.......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......e learned Subordinate Judge, Nawabganj in Miscellaneous Appeal No. 11 of 1984 reversing those dated 15‑1Â-1984 passed by the learned Munsif, Nawabganj allowing Miscellaneous Case No. 84 of 1980 (a proceeding under section 96 of the State Acquisition and Tenancy Act) should not be set aside and/or..Category: Property Law | Date: | Hits: 79
Azam Reza Vs. State, 2004, 33 CLC (HCD)
....ldren, she used to return home at late night. She got drunk and slept up to noon on 8‑1‑2004, in the afternoon she went out and returned at about 10‑00 PM. She then went to sleep without having any food and awoke up at 1‑30 AM and started hot talks with him, at one stage she hit him and his ......o noon on 8‑1‑2004, in the afternoon she went out and returned at about 10‑00 PM. She then went to sleep without having any food and awoke up at 1‑30 AM and started hot talks with him, at one stage she hit him and his 2½ years old child, at that time she was shouting. He had to leave their ......il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ..Category: Criminal Law | Date: | Hits: 96
....ground that section 45 of the Intermediate and Secondary Education Ordinance, 1961 (East Pakistan XXXIII of 1961) clearly debars the jurisdiction of the civil Court in entertaining a suit challenging any act done, order passed or proceedings taken by the Controlling Authority or by the Board or by a......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......Intermediate and Secondary Education Ordinance, 1961 (East Pakistan XXXIII of 1961) clearly debars the jurisdiction of the civil Court in entertaining a suit challenging any act done, order passed or proceedings taken by the Controlling Authority or by the Board or by any committee created under the..
Category: Procedural Law | Date: | Hits: 72
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....escue his mother, that in the confessional statement of Gopal it is proved that Gopal is the servant of Pulin, who was engaged by the appellant to kill his mother, and that the appellant did not file any criminal case about murder of his mother. According to the trial Court, these are the strong cir...... got information that his mother was murdered by Gopal Karmaker, servant of Pulin Mahajan. After returning home on query from his wife he came to know that Gopal Karmaker abused his mother and at one stage, he inflicted blows on her person with sharp cutting weapon who succumbed to the injuries. ......t states: "Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or..Category: Criminal Law | Date: | Hits: 81
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
.... by the first week of the next following month according to the English calendar. It has been alleged by the plaintiff that the defendant paid rent to her upto May, 1989 and thereafter he did not pay any rent in spite of demands and became a habitual defaulter. It was further alleged that the buildi......suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ......vidence. The learned Court below fell in error in not deciding the present case on its own merit on consideration of the evidence on record, both oral and documentary. Order passed in a miscellaneous proceeding before the Rent Controller could not validly be made the basis of the judgment of the cas..Category: Property Law | Date: | Hits: 64
Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)
.... and as the same has not been done the entertainment of the revisional application is bad in law. It is also submitted that there is nothing on record to show that the State earlier refused to prefer any appeal. In case of refusal by the State to prefer appeal then an aggrieved party may file a revi......and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ......ot preferred any appeal against the order of acquittal. Sub-section(5) of section 439 of the Code of Criminal Procedure provides that where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appea..Category: Criminal Law | Date: | Hits: 83
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....favour of the elected candidate described as "Jarapsani No.1 and at polling station No.15 Mullapur Government Primary School Centre and at No.16 Centre, being Paton Government Primary School Centre, many voters of the petitioner could not vote because of the activity of the Tarapsani No.1. Further, ......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......ic Republic of Pakistan which is similar to Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh which provided that the High Court can examine an act or order passed in a proceeding which is "without lawful authority" proceeded to find that an act of judicial or of quasi..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....˜Ka’ schedule land as described in the plaint for alleged development of Farajikandi Complex of defendant No.2 and that defendant No.2 may not go into the possession of the suit‑land and/or break any door or window of the house of the plaintiffs situated thereon and also may not interfere with t......ction 151 of the Code of Civil Procedure with a supplementary affidavit along with some annexures relating to issuance of notices in the relevant land‑ acquisition case, of course at a very belated stage after conclusion of the hearing of this Rule by which they have advanced a prayer for calling ......lso the provision of sections 43 and 44 of the said Ordinance. Section 43 is an indemnity clause in the said Ordinance which reads as follows: "43. Indemnity.‑ No suit prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be d..Category: Property Law | Date: | Hits: 47
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
....e same was solemnised by a Moulvi and then there was consummation of the marriage and she was cohabited by the said accused Nurul Islam @ Nurul for a few days but she was not sexually intercoursed by any other person and that because of enmity, her father lodged the FIR against the accused persons w......mitted in his evidence that he was not a Radiologist and no report of any X‑ray of the girl was there. He of course denied a suggestion that being influenced, the Board gave a false report. At this stage, the defence filed an application for taking the earlier statement of the victim girl under se...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....n then he would not have to his credit actual two years ACR meaning 24 months actual service till August 1985. In the fact above we do not find that the respondent Authority had acted in violation of any law or mala fide in not considering petitioner's case for promotion this time." 12. Although ......tion we are of the opinion that the direction of the Government as contained in Annexures 'C' and 'E' of the petition were not binding on the BIWTA. There is nothing to show that the BIWTA had at any stage rescinded its earlier order No.68/85 dated 6.2.85 promoting the respondent Nos. 5‑8 as Senio...... No. 54 of 1988, has submitted that the impugned notice Annexure E was issued under the signature of Mr. Shamsul Islam, Deputy Secretary (Establishment) BIWTA who is not a competent authority to draw proceedings against the petitioner. It has been further submitted that a conspiracy was hatched by t..Category: Employment/Service Law | Date: | Hits: 116
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....ibunal Appeal No: 282 of 1978 before the Appellate Tribunal and the said Tribunal by Judgment and order dated 9-12-82 acquitted all the appellants and as against the respondent (State) did not prefer any appeal. 7. It is stated that the petitioner is innocent. He had no involvement in the case an......viction and sentence would be vitiated. This view of ours finds support in the case of State Vs. Imdad Ali Bepary, reported in 36 DLR 333 wherein the condemned prisoner having taken bail at the trial stage absconded and the trial proceeded in his absence without there being any lawyer appointed by t......sed charged under sections 302/3O7 of the Penal Code and their Lordships held “in this case it appears that no lawyer on behalf of the accused was present in Court. As such, the Court below, before proceeding with the case, ought to have appointed an Advocate to defend the accused. In that view of..Category: Criminal Law | Date: | Hits: 79
State Vs. Maruf Raihan, 2011, 40 CLC (AD)
.... also in granting bail to him. However, it has been submitted before us by the learned Deputy Attorney General for the State that in the meantime the investigation of the case has been completed and many tangible eviÂdence have been gathered showing involveÂment of this accused-respondent in sendi......ent makÂing observations to the effect that no transcript of the alleged e-mail was incorporatÂed with the F.I.R and that nothing concluÂsive or tangible prima facie evidence was available at this stage to show that the said e-mail was received from the petitioner's address. The High Court Divisi......asis of materials with the record. With the above observation and direcÂtion this criminal petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 897...Category: Information Technology Law | Date: | Hits: 285
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
....t reported the occurrence when he came in the Place of Occurrence house after retreat of the dacoits. He however said that inmates of the Place of Occurrence house did not report about recognition of any dacoit. The prosecution declared him hostile and cross-examined him. 10. P.W.3, 9 and 13 are ...... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ...... not examined in this case. Non-examination of the Magistrate who conducted the TI parade renders the memorandum drawn by him inadmissible under section 80 of the Evidence Act as it is not a judicial proceeding and that cannot be presumed genuine unless proved by the evidence. In the decision report..Category: Criminal Law | Date: | Hits: 80
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....ik Samity and the dissolution of the executive committee of the Mymensingh Dhaka Coach Malik Samity by the Additional Secretary of the Bangladesh Sarak Paribahan Samity is totally illegal and without any lawful authority and that being the position the courts below committed no illegality deciding t......ted in an error in the decision occasioning a failure of justice. 22. Mr. Ziaur Rahman Khan has further submitted that the learned District Judge by granting a mandatory injunction at an appellate stage acted with material irregularity and beyond jurisdiction and hence the order in the decision i......ase both the Courts found an arguable case in favour of the plaintiffs. 48. In view of the concurrent findings Courts below that the plaintiffs have a prima facie arguable case and multiplicity of proceedings are likely to be cropped up, I find that the suit itself should be heard expeditiously t..Category: Civil Law | Date: | Hits: 85
Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)
....ed in the application for addition of party under Order 1 rule 10 CPC. The learned court below without considering the material aspect of the case, arbitrarily held that the petitioners did not state anything in their said application as to the community of their interest in the land belonging to Ka...... same, filed an application after a long lapse of time to be impleaded as party in the instant suit. The trial court was quite justified in rejecting the application of the petitioners at the belated stage and there is no illegality committed by the court in passing the impugned order. Mrs. Sufia Kh....... In the result the Rule is made absolute and no order is made as to costs. Send down the records to the lower court immediately. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ..Category: Property Law | Date: | Hits: 47
A.M. Nurunnabi Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....eration of the materials on record observed that the cause of action for filing the petition arose on 23rd December, 1997 when the petitioner's prayer for promotion was rejected but he did not prefer any appeal against non-action of his represenÂtation and therefore, the petition is barred under th......as not satisfactory he was not legally entitled to promotion. What is more, the petitioner had retired from the service long ago and therefore, he is not legally entitled to promotion at this belated stage. On consideration of the facts and circumstances of the matter, the Administrative Appellate T......in interfering with the judgment of the Administrative Tribunal. This petition merits no consideration which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 750. ..Category: Administrative Law | Date: | Hits: 194
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
.... suit land. Dilip Kumar Das also instituted Criminal Case No.15 of 1989 against defendant Nos.1-5, in which, on 23.02.1996, defenÂdant No.5 by filing an application stated that he know nothing about any deed of gift. Narayan Chandra Das never executed the alleged deed of gift, rather he on receipt ...... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ...... plaintiff was admitted by the contesting defendants and they also gave up their title to the suit land on the basis of the deed of gift allegedly executed by Narayan Chandra Das in a former criminal proceeding and thus, the claim of possession and there was eviÂdence on record as to the possession..Category: Property Law | Date: | Hits: 62
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