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Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
....at, supports the order passed by the High Court Division in ratifying the order passed by the appellate Court on the submission that under section 151 of the Code a Court has inherent power to pass any order to secure ends of justice. 7. From the facts stated hereinbefore, it is clear that the ......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ......order for delivery of possession of the mortgaged property to respondent No. 2 could be passed and remedy of the respondent to get possession of the mortgaged property, if at all, was by a separate proceeding, but the learned Judges of the High Court Division failed to consider this legal aspect o..Category: Civil Law | Date: | Hits: 108
Shariful Islam Vs. Billal Hossain and the State, 1992, 21 CLC (HCD)
....resent rule. 3. Dr. Rafiqur Rahman, the learned Advocate appearing on behalf of the petitioner, submits that in such a case the revisional Court cannot direct the trial Court to frame charge under any particular section of the Penal Code. He submits that the learned Sessions Judge committed gross......aring of the petition filed certain documents in support of their claim that the case is punishable under section 326 of the Penal Code, but those documents cannot be considered by this Court at this stage. If the offence is punishable under section 326 of the Penal Code this may be agitated before ...... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ..Category: Criminal Law | Date: | Hits: 67
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....e Court. P.W.6 said that the petitioner 1 never possessed the land prior to dispossession. D.W.1 Rafiqul Hossain (the petitioner 1) stated that he neither did disobey the order of the Court nor utter any words as stated by the opposite parties and the allegations were false. He admitted that he cut ......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......deration the material aspect as to the date of cutting of the paddy in question and the date of service of writ of temporary injunction on them properly. Dr. Ahmed Hossain further submits that as the proceeding under Order 39, rule 2(3) of the CPC is quasi‑criminal in nature the Court is under leg..Category: Criminal Law | Date: | Hits: 90
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....na, AIR 1988 (SC) 1520; Messrs AZ Chowdhury Vs. Messrs S Maula Buksh Muhammad Bashir, PLD 1965 (SC) 505; Suleman Haji Muhammad and Co Vs. State Bank of Pakistan, PLD 1960 (Kar) 78; Champsey Bhara Company Vs. The Jivraj Balloo Spinning and Weaving Company Ltd., 1923 (PC) 66; Province of East Pakistan......ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ......interest on bank rate at the rate of 18% till satisfaction of the claim. The respondent also filed written statement before the Arbitrator and took various objections. It pleaded that the Arbitration proceeding was barred under Article 65 of the Limitation Act. The agreement was not signed on Januar..Category: Alternative Dispute Resolution | Date: | Hits: 156
....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: Employment/Service Law | Date: | Hits: 66
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....1 with a recommendation to lodge first information report against said accused Mollah Kamruzzaman alone. Nowhere within the four corners of the report or in the first information report it transpires any overt act of the accused-petitioners in committing the offence of abetment as alleged; rather th...... We are to remember that every case derives from a charge and every change derives from a particular provision of law. Each offence contains certain essential elements and to establish these at early stage is important. Usually the prosecution will have outlined these at the time of framing of charg......t Attorney-General-For the Opposite Party. Criminal Miscellaneous Case No. 2123 of 1995. Judgment Farah Mahbub J.- By this Rule the opposite party was called upon to show cause as to why the proceeding in Special Case No. 29 of 1994 arising out of GR Case No. 25 of 1992 corresponding to Hiz..Category: Criminal Law | Date: | Hits: 85
Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)
....t No. 133/41. In due course Inquiry Case No. 1/99 was started and upon inquiry it was found that the petitioners, when filing their written statement as defendants in the partition suit, did not file any certified copy of the Register concerning Other Class Suit No. 133 of 1941. Also it was stated i......r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......rty No. 2. Criminal Miscellaneous Case No. 7588 of 2000. Judgment Md. Imman Ali J. - This Rule arises out of an Criminal Procedure calling upon the opposite party to show cause as to why the proceedings of GR Case No. 403/2000 (Sadar) corresponding to Bogra PS Case No. 15 dated 5‑5‑2000..Category: Criminal Law | Date: | Hits: 62
Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
....zzaman, the learned Advocate appearing on behalf of the petitioner submits that the decision taken by the Syndicate in dismissing him was illegal, firstly, because the said decision was taken without any lawful basis and secondly, in violation of the procedure as mentioned in the provisions of Rajsh......erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ...... prayed for dissolution of the said enquiry committee. The petitioner also by his letter dated 30‑9‑2000 (Annexure J) informed the respondent No. 4, about his appeal and requested him to stay the proceeding of the said enquiry committee till the disposal of his appeal before the Chancellor but t..Category: Employment/Service Law | Date: | Hits: 60
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....him but ultimately he paid back Tk. 3,000.00 only to the Sub‑Assistant Engineer of the Ulipur Upazila Education Office and the rest sum of Tk. 3,800.00 remained with him for which he could not give any account. In that circumstance failing to realise the balance amount, the Thana Education Officer...... Now, with regard to the ingredients of the offence under section 409 as defined in section 405 of the Penal Code, it is submitted that even if a refund of the money entrusted with is made at a later stage by the accused that will not absolve him from the charge under section 409 of the Penal Code a......o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ..Category: Criminal Law | Date: | Hits: 92
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nt was to be deducted from his dues. Thereafter, the Ministry of Defence, the respondent, No. 1, by its memo dated 4‑1‑2003 issued an audit to objection certificate (NOC). But still no pension or any other retirement benefit had been paid to the petitioner in spite of his repeated letters althou......minal case. It is further stated in paragraph 27 of the affidavit-in-opposition that the sanction of pension is a long drawn process and requires a lot of papers, that there are as many as 21 varying stages in the pension table for settlement of a pension case but the petitioner had so far crossed 8......leh Mohammad Nasim (Reid) Vs. Bangladesh 1998 BLD (AD) 251 = 51 DLR (AD) 101, Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others 4 BLC (AD) 257. Secondly, since a judicial proceeding is pending against the petitioner, under section 10 of the Public Servants Retirement Act..Category: Employment/Service Law | Date: | Hits: 148
State Vs. Abdul Hatem, 2003, 32 CLC (HCD)
....elly of Rahima Khatun and by this a doubt had been created and the condemned prisoner is to be given the benefit of doubt and verdict of acquittal is to be passed. Contention is absolutely without any merit. 12. Prosecution case was that PW 3 Maznu took out the dagger from the belly of decease......ust be given and the same cannot be brushed aside. A dying declaration enjoins almost a sacrosanct status as a piece of evidence as it comes from the mouth of a person who is about to die and at that stage he is not likely to make a false statement. If the dying declaration is acceptable as true con......ondemned prisoner. V. Abscondence: Record indicates that the condemned prisoner immediately after the incident absconded and remained a fugitive from law and justice during the whole period of the proceeding of the case. He was tried in absentia and till now he is in abscondence and this long abs..Category: Criminal Law | Date: | Hits: 75
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
....তি হিসাবে প্রমানিত হইয়াছে”। The said finding of the Waqf Administrator was on the basis of the respective cases of the parties but was not based on any consideration or appreciation of the evidence on record. 10. The Court of appeal below as wel......in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ......uit No.237 of 1982 till final disposal of the application filed before the Waqf Administrator which now is the subject matter of the instant first miscellaneous appeal and an order of stay of further proceeding of Title Suit No.237 of 1982 was obtained in the said Rule pending disposal thereof. ..Category: Trust/Waqf Law | Date: | Hits: 165
Syed Khalilulla Salik alias Juned Vs. Haji Md. Rahmat Ullah, 1995, 24 CLC (HCD)
....y did not disclose the particulars of the false document allegedly created by the petitioner. Section 29 of the Penal Code defines the “document” as follows: “The word ‘document’ denotes any matter expressed or described upon any substance by means of letters, figure or marks or by more......ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ......(Dhaka) Judgment Md. Badruzzaman J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite parties to show cause as to why the proceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd Class, Sadar, and Sylhe..Category: Constitutional Law | Date: | Hits: 169
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
....follows: "Except as provided in Clause (2), a person who has held office as a Judge otherwise than as an Additional Judge shall not, after his retirement or removal therefrom, plead, or act before any Court or authority or hold any office of profit in the service of the Republic not being a judic......of the case, took much trouble to submit his written submissions. He has also subscribed to the views of the learned Attorney‑General that writ of quo‑Warranto against the Respondent No.1 at this stage is not maintainable. The learned Attorney‑General has referred to the case of Farid Mia Vs. ...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ..Category: Constitutional Law | Date: | Hits: 200
Ripon Howlader Vs. State, 2009, 38 CLC (AD)
....rrence to identify the accused-petitioner in a positive manner; that the motive alleged for the murder by the convict-petitioner does not inspire confidence in view of the fact that in the absence of any motive the killing of the victim by the petitioner does not support the prosecution case save an......sconding accused Hanif and Masum. They were defended by State defence lawyer. 4. During trial the Additional Sessions Judge, Jhalakathi, recorded the evidence of two prosecution witnesses. At that stage of the trial the case was transferred by the Government to the Druta Bichar Tribunal, Barisal,......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715...Category: Criminal Law | Date: | Hits: 81
A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
....ut unfortunately the said land diluviated into the river of Padma before S.A. operation and after alluvial the said land became khas land as re-settlement these defendants. The plaintiffs did not get any settlement from suit plot no. 1020 and did not possess the same in any material time. 4. Whil......g on behalf of the plaintiffs petitioner submits that nature and character of the suit will not change if the proposed amendment is allowed. He further submits that amendment cannot be allowed at any stage of the suit. He further submits that mere change in the relief claim and proposed amendment wi......uruddin Ahmed Vs. Zafarullah Siddique and others reported in 42 DLR page-246 where it has been held: 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: Administrative Law | Date: | Hits: 199
Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....। Article 102(2)(a) of the Constitution reads as follows: "The High Court Division may, if satisfied that no other equally efficacious remedy is provided by law. (a) on the application of any person aggrieved make an order. (i) directing a person performing any functions in connection......0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239.......at h respondent Nos. 7 and 8 being Magistrates have no legal authority to do the executive nature of work the seizure and impounding of the petitioner's goods except in the canteen through a judicial proceeding in an appropriate manner and through judicial process. The petitioner further prays for a..Category: Civil Law | Date: | Hits: 56
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....ijheel Commercial Area Branch, Dhaka as plaintiff filed the Suit No. 381/86 in the court of Subordinate Judge and Commercial Court No.1 Dhaka against Rupali Jute Baling Limited, a private Limited Company having its registered office at 67, Motijheel Commercial Area, Dhaka and six others for foreclos......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232.......Section 14 of the Limitation Act provides that in computing the period of limitation prescribed for any suit, the time during which the plaintiff has been prosecuting with due diligence another civil proceeding whether in a court of fist instance or in a court of appeal, against the same party for t..Category: Procedural Law | Date: | Hits: 111
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....amined none. After the close of the evidence for the prosecution the accuseds were examined under section 342 of the Code of Criminal Procedure when they again pleaded not guilty and denied to adduce any evidence. Only accused Shadat Ali submitted a written statement at the time of his examination u......contends that the statement of the witnesses under section 161 of the Code of Criminal Procedure particularly those of P.Ws.2, 3, 5, and 6 were recorded by the investigating officer at a very belated stage without any reasonable ground and in view of such delay in recording the statement of the P.Ws......bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ..Category: Criminal Law | Date: | Hits: 73
Md. Obaedur Rahman Vs. Md. Amirul Islam and others, 2011, 40 CLC (AD)
....ntal proceeding shall stand and will be operative. With the above observation this civil petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 642. ......ntal proceeding shall stand and will be operative. With the above observation this civil petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 642. ......st of Member Service Co-ordinator in Tangail Palli Biddyut Samity-2. On 25.03.2007 this writ petitioner-respondent No.1 was suspended from service on various allegations and ultimately a departmental proceeding was started against him and an enquiry committee was formed to investigate the allegation..Category: Employment/Service Law | Date: | Hits: 53
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