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Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....404 of 2004 allowing the said case under Order XXI Rule 58 of the Code of Civil Procedure, should not be set aside or such other order passed as this Court may seem fit and proper. 2. The relevant facts necessary for disposal of the rule are that the petitioner, namely Bank of Small Industries &a......……..Petitioner Vs. Shahabuddin Ahmed……………………Opposite-Parties Judgment March 14, 2012. Result: The rule is made absolute. Case Referred to- Babul Chowdhury and others Vs. Reba Rani Saha and othÂers, 15 BLD 644. Lawyers Involved: Md. Khurshid Alam Kh......e appearing on behalf of the petitioner-Bank (decree holder), submits, that the learned Judge of the Execution Court ought to have investiÂgated into the claim of the 3rd party by taking necÂessary evidence as contemplated under Order XXI Rule 58 of the Code of Civil Procedure. He submits that it ..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....cord that imminent order of attachment need be parsed, even, beÂfore hearing the parties as to such actual posÂsession because it was a case of emergency. The existence of an emergency founded upon facts would give jurisdiction to the Magistrate to pass an order of attachment at provided under the......itioner Vs. Entaj Sheik & others………………………………Opposite parties Judgment May 19, 1983. Result: The Rule is discharged. Cases Referred to- Aran Sardar and ors. Vs. Hara Sundar Majumdar and ors., 27 Calcutta Weekly Note (C.W.N.) at page 171. Lawyers......roceeding under section 145 Cr.P.C. but he cannot on the same date without service of notice upon the second party pass an ex parte order of attachment. The said Bench found further that there was no evidence of extreme emergency which would require an attachment without hearing the parties an provi..Category: Criminal Law | Date: | Hits: 88
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
..... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ......zibur Rahman Alias Arzu……………………………Appellant Vs. Kala Miah & another……………………………Respondents Judgment March 22, 1982. Result: The appeal and the Rule are disposed of. Lawyers Involved: Shaik Ashfuq Ali - For the Appellant. Syed...... to investigate the claim of respondent before making any order. The learned Subordinate Judge, however, did not make any investigation in accordance the law and did not ask the parties to adduce any evidence and has passed the impuÂgned order simply on the allegation of the respondent No.2. The le..Category: Procedural Law | Date: | Hits: 146
Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
....n from 1968 and be had to undergo the ordeal of a criminal trial for these long 11 years and has been made to carry the stigma of being an accused before the society, at large all these years. If the facts that have been stated above are not abuse of the process of the Court we do not know what else...... made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A In case of prolongation of the proceeding which will amount to a sheer abuse of the process of the Court and harassment of the accused and for ends of justice the proceedings can be quashed……………â......l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ..Category: Criminal Law | Date: | Hits: 62
Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)
....ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......cial Case No.46 of 1981 directing further investigation of the case. Facts necessary for disposal of the rule may be stated thus. 2. Accused petitioner has been tried unÂder section 409 B.P.C. and section 5(2) of Act 11 of 1947 upon allegations that the accuÂsed petitioner while working as o......son allegedly misappropriated 442 maunds of wheat. After investigation the police submitted a charge-sheet against the accused persons. 3. In the trial the prosecution adduced oral and documentary evidence, and after the close of evidence the learned judge heard the arguments of both sides and fi..Category: Criminal Law | Date: | Hits: 70
Juman Mia Vs. Zainab Bibi, 1983, 12 CLC (HCD)
....e than complied with, though the notice terminates the tenancy on a date other than the one on which the lease term itself ends. The Privy Council decision cited by Mr. Ahmed does not apply in the facts and cirÂcumstances of the case. I do not find any ground for interference in this matter. ...... entitled, withÂout prejudice to this right, to stay on till the end of a full month or a full year of the tenancy, as the case may be. If the time given is in excess of the half term of the tenancy and the tenant is able to stay on for a half term before the date of the determination of the lease ......umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ..Category: Property Law | Date: | Hits: 73
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
.... on future date and the fact that the cheque is dishonoured which amounts only to a breach of promise is not a criminal offence. In this case the complaint petition does not disclose and the admitted facts and circumstances relating to the business transaction between the petitioner and the opposite......itioner Vs. The State & another………………………Opposite Parties Judgment February 20, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Anwar Ali and Md. Liaquat Ali Vs. State & Md. Nezamuddin, 30 DLR 327; A.I.R. 1938 (Madras) 129;AIR 1956 Ma......rst InforÂmation Report or the complaint even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged. In such cases no question of appreÂciating evidence arises, it is a matter merely of looking at the complaint or the First InÂformation Report..Category: Criminal Law | Date: | Hits: 67
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....form such person of his right of making such reÂpresentation and to afford him the earliest opportunity of doing so; Provided that nothing in this section shall require the authority to disclose the facts which it considers to be agaÂinst the public interest to disclose. (2) In the case of a de......Govt. of West Pakistan, 19 DLR (SC) 403; Baqui Baloch, 20 DLR (SC) 249; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Md. Makhlesur Rahman Vs State, 28 DLR 172; Md. Anwar Hossain Vs. Govt. of Bangladesh and others, 30 DLR 423; Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: | Hits: 78
Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....authority. 2. The petitioners challenged the validity of keeping under acquisition unutilised lands by the requiring body long after the completion of the project for which they were acquired. The facts as stated in the petition are, in short, that the lands appertaining to CS plot Nos.394 and 11......This case is also Reported in:49 DLR (HCD) (1997) 422. ......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ..Category: Property Law | Date: | Hits: 67
Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)
....show that the accused was present at the time when the deceased met her death. Therefore, the cited decision is fully applicable to this case. 25. From what we have discussed above considering the facts and circumstances of the case and evidence on record and the cited case law, we are of the vie......asmin, Assistant Attorney General with Md. Nur Nabi, Advocate — For the State. Criminal Appeal No. 2442 of 2008. Judgment Md. Azizul Haque J. - This appeal is directed against the judgment and order dated 8-4-2008 passed by the Sessions Judge, Narayanganj in Session Case No. 987 of 2006 c......ead over and explained to the accused to which he pleaded not guilty and claimed to be tried. 5. To prove the charge, prosecution examined as many as 13 witnesses. After closure of the prosecution evidence, the accused was examined under section 342 of the Code of Criminal Procedure but he explai..Category: Criminal Law | Date: | Hits: 91
Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)
....der dated 9-3-2003 passed by the learned Assistant Judge, Nangolcot, Comilla, rejecting Miscellaneous Case No. 27 of 2001 filed under Order IX, rule 9 of the Code of Civil Procedure. 2. Short facts leading to this Rule are that on 14-6-2000, the petitioner as pre-emptor claiming as co-sharer......preme Court High Court Division (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Amena Begum…………………………………………Petitioner Vs. Md. Ruhul Amin and others………………Opposite Parties Judgment November 26, 2008. Result: The Rul....... 5. After hearing the learned Assistant Judge, by the order dated 9-3-2003 rejected the Miscellaneous case holding that the pre-emptor could not prove regarding his ailment by adducing sufficient evidence. Against which the pre-emptor preferred Civil Revision No. 2176 of 2003 before the High Cou..Category: Procedural Law | Date: | Hits: 133
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....re the Adalat under Order VII Rule 11 read with section 151 of the Code as well as sections 45 and 57 of the Ain for rejection of the plain but the learned Judge of the Adalat without considering the facts and circumstances of the case rejected the applicaÂtion filed by the petitioner unlawfully an......nts Judgment August 4, 2010. Result: The Rule is discharged. Case Referred to- Abdul Jalil Vs. Islami Bank Bangladesh Limited, 53 DLR (AD) 12; Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory, 51 DLR 323; Burma Eastern Ltd. Vs. Burma Eastern Employees Union, 18 DLR 709; Shaf......s cause of action for suit; (6) the questions raised by the petitioner are denied by the Bank and therefore, the disÂputed questions of facts cannot be decided in writ jurisdiction without taking evidence and the learned Judge of the Adalat on consideration of the facts and circumstances of the ..Category: Civil Law | Date: | Hits: 176
Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)
....e petitioners if they misuse the privilege of bail in any manner whatsoÂever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ...... Result: The Rule is made absolute. Even in a murder case bail cannot be withheld as punishment. It may be allowed in appropriate cases depending upon the circumstances of each case. No hard and fast rule can even been laid down nor can there be any rule of practice upon basis of which such......e petitioners if they misuse the privilege of bail in any manner whatsoÂever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ..Category: Criminal Law | Date: | Hits: 95
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....oper. 2. Along with the Rule the petitioner also obtained an order of stay of the operation of the impugned order (annexure-B) which has been subÂsequently extended from time to time. 3. Short facts necessary for the disposal of this Rule, as stated in the writ petition are as follows: 4. ......t High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Md. Nuruzzaman J Muslim Uddin……………………………Petitioner Vs. Bangladesh and others……………………………..Respondents Judgment August 8, 2011. Result: ....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacatÂed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ..Category: Administrative Law | Date: | Hits: 455
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....espondents ( In all the Writ Petitions). Writ Petition No. 3210 of 2001 with Writ Petition Nos. 7012 of 2003, 1973 of 2005 and 4493 of 2005. Judgment Hasan Foez Siddique J.- The facts of 4(four) writ petitions being WPNos.3210 of 2001; 7012 of 2003; 1973 of 2005 and 4493 of 200......Case is also Reported in: 64 DLR (HCD) (2012) 152. ......her subÂmits that there is no legal bar for fresh requisiÂtion for a public purpose of any property which was previously derequisitioned and that notices under section 5(7) having been published as evidence from Annexures-B-B(l) to the writ petition as well as by Annexures 1, 2 and 3 respectively ..Category: Property Law | Date: | Hits: 89
....so SRO No. 243 dated 27-6-86 (Annexure-H) and SRO No. 161 dated 16-6-88 (Annexure-J), which levied business turnover tax on the Customs Bonded Warehouse of the petitioner were challenged.
2. Short facts for disposal of the Rule are that the petitioner was holding a customs bonded warehouse licenc......urt Division
(Special Original Jurisdiction)
Present:
Md. Abdur Rashid J
Md. Miftahuddin Choudhury J
Dr. Md. Habibullah……………………Petitioner
Vs.
Additional Secretary and Member (Appeal and Revision) and others………..Respondents
Judgment
May 15, 2007.
Re......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
..
Category: Administrative Law | Date: | Hits: 491
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....gs of C.R. Case No.252(Ka) of 2003 under section 138 of the Negotiable Instrument Act (briefly as Act), pending in the Court of Chief Judicial Magistrate, Faridpur, should not be quashed. 2. Short facts leading to this Rule are that on 21.08.2003 the complainant opposite party No.2 filed a petiti......pposite parry Judgment May 6, 2008. Result: The Rule is discharged. The Negotiable Instrument Act, 1881 The Negotiable Instrument Act, 1881, by its nature, is not a cumbersome Act, and the proceeding under section 138, once the offence is admitted, is summary in nature and there i......unt the defence version of the case." 21. In the said case at paragraph 12, it has been observed:- "High Court Division unless see that on the facts disclosed in the petition of complaint or in evidence taken in inquiry by the Magistrate, no offence disclosed on the basis of prosecution materi..Category: Criminal Law | Date: | Hits: 103
Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)
....l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......ivision (Criminal) Present: Sharif Uddin Chaklader J Sheikh Abdul Awal J Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury……………Accused-petitioner Vs. The State and another……………Opposite parties Judgment December 12, 2006. Result: The Rule......any rejoinder claiming that the contents of the impugned publications was false, which is a disputed question of fact as well as defence plea which can be decided by the trial Magistrate after taking evidence. 10. On going through the materials on record, it is also found that the Magistrate on e..Category: Criminal Law | Date: | Hits: 81
.... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 275.
......J
Sylhet Pulp & Paper Mills Ltd., Chhatak, District- Sunamganj, represented by its Managing Director……………Petitioner
Vs.
The Chairman, Second Labour Court, Katalganj, Chittagong and others…………….Respondents
Judgment
February 22, 2006.
Result:
The Rule is ma......x parte proceeding the Court has a greater responsibility and the Court has to be more careful in considering the papers on record and passing the judgment with clear findings and reference as to the evidence on which the case could be said to have been proved and since there is no such findings in ..
Category: Labour and Industrial Law | Date: | Hits: 190
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
....sions of sections 30(1) and 34 of the Special Powers Act, 1974. The majority view was further expressed in the said decision (32) DLR (AD) page 1 in the following terms: ''In the present case the facts, though as shown before, are a little different in both cases charge sheets were submitted and......isdiction) Present: Fazle Hussain MohamÂmad Habibur Rahman J Md. Abdul Jalil J Sakya Pada Barua & others…………………………………………Petitioner Vs. The State and others……………………………………Opposite Party Judgment January 12, 1986. ......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ..Category: Criminal Law | Date: | Hits: 103
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