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Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....o the payee………………(13) If a drawer of the cheque is allowed to escape his liability under section 138(1) of the Negotiable Instruments Act, 1881, on any frivolous ground or on mere technicality then a lot of payee or beneficiary of the cheques and t......f the Code of Criminal Procedure (Cr.P.C.), without considering the assertion about payment made to the complainant by the accused-petitioner and framed charge against the accused-petitioner. At this stage the accused-petitioner filed this application under section 561A of the Code of Crim......Hasan J. — In the instant application, filed under section 561A of the Code of Criminal Procedure, a Rule has been issued calling upon the opposite parties to show cause as to why the proceedings of Sessions Case No. 1749 of 2010, arising out of CR Case No. 1162 of 2009, now pending ..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
A.H. Azam Khan Vs. Bangladesh and Ors, 2016, 45 CLC (HCD)
.... liable to be declared to have been passed without lawful authority and is of no legal effect. 6. Substantiating his argument the learned counsel submits that the respondent No. 4 without giving any show cause notice released the petitioner from the post of Chairman of the Governing Body of the......leased the petitioner from the post of the Chairman of the Governing Body and nominated another person respondent No. 6 Most. Momi Akhter as Chairman of the Governing Body (Annexure-C). It is at this stage the petitioner moved this petition and obtained the present Rule and order of stay. 5. Mr......nexure-A). Accordingly, Ad-hoc Committee was formed with an object mainly to complete the election of the regular Governing Body of the College. After taking the charge the Ad-hoc Committee initiated proceeding for holding election and after completion of the election the newly elected members of th..Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4
....t and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. The case of the petitioner, in short, is as follows:
The petitioner is a limited company engaged in the business of running CNG Filling Station and thereby providing service to CNG-run ......2014 for resolution of the dispute between the petitioner-company and the respondent No.1 through arbitration.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 165
......atory Commission Dispute Settlement Regulations, 2014. Moreover, the tampering with the meter of the petitioner-company is a disputed question of fact and the same cannot be gone into in this summary proceeding under Article 102 of the Constitution. As such, the Rule is liable to be discha..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
.... plaintiff opposite party No.1 sold his 50% undivided share of land on 14-2-1982, 16-2-1982, 15-7-1982 and 17-7-1982 by 6 Kabalas (Exhibit Nos.'Cha' and 'Chha' series) without serving any notice upon the predecessor of the present appellants and hence, Md. Yeamin Nobi, the prede......ot; 20. In the case of HN Mukharjee Vs. Shyam Sunder Kuer reported in AIR 1973 (Patna) 142, it was observed as follows: "........An application under section 4 can be made at any stage of the suit. Simply because an application has been filed under section 4 after the passing of......urt below did not mention the schedule of the case land in the original petition of Miscellaneous case for pre-emption. The preemption case under section 4 of the Partition Act is an independent proceeding in which schedule of case land and particulars of the disputed deeds are very much requir..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....stmortem of the dead body on 30-11-2006 keeping 11-9-2008 which was read over and explained to the condemned-prisoner, at which he pleaded not guilty and claimed to be tried. 4. During trial as many as 10 witnesses were examined from the side of the prosecution and defence examined none but the......ka 60,000 (sixty thousand) from his wife Shirina Khatun in the name of going abroad from her brother. Shirina Khatun denied, at which all the three accused started torture to her. Shirina Khatun at a stage of that finding no other alternative managed Taka 60,000 (sixty thousand) from the informant a......d in this context that in presence of the condemned-prisoner Md. Golam Rabbani the PWs were examined and the accused has cross-examined them. Hence; there lies nothing to hold such a view that during proceedings of the case there has been any occasion that the accused has ever been prejudiced. In th..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Nurun Nabir Sarker Vs. Secretary, Ministry of Education and Others, 2015, 44 CLC (HCD)
....ted in the monthly pay order (MPO) from May, 1995, being Index No. 258346, and since then he has been receiving government portion of his monthly salary and other financial benefit regularly, without any interruption, till to date; that without complying the mandatory provisions of the Recognised No......gh Court Division, within 30 (thirty) working days of receiving copies of this judgment and order. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 125 ......de intention, the Managing Committee of the said school took a decision on 12-10-2014 to suspend the petitioner from his service; that the Governing Body of the said School has failed to conclude the proceedings against the petitioner in compliance with the provisions of the Regulation-11, 12, 13 an..Category: Administrative Law, Employment/Service Law | Date: 10 Nov, 2015 | Hits: 0
Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)
....amount of the outstanding the respondent No. 2 Agrani Bank Ltd. Zinda Bazar Branch, Sylhet through their engaged advocate served a legal notice upon the defendants notifying that due to nonpayment of any amount they will have to auction the mortgaged property. It is also stated that without having a......-parte trial, Previously, defendant took several times for submission of written objection. It is also found that stipulated time for submission of written objection has already been elapsed. At this stage there is no scope to admit written objection. So, the petition of defendant No. 1/2 is rejecte......r careful perusal of the entire order sheet (Annexure-"E") filed by the petitioner vide supplementary affidavit dated 5-5-2014 in as much as the defendant for the first time appeared in the proceeding on 3-3-2014. Further in order No. 15 dated 3-3-2014 the Adalat observed that the defendan..Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
Hazi Abdul Late Vs. Abu Naseruddin and Others, 2015, 44 CLC (HCD)
.... The order of stay granted earlier by this court is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 171 ......-emption cannot be given a different meaning by swearing-affidavit before notary public as this affidavit has no value and also that this affidavit cannot be taken into consideration at the appellate stage. 5. I have considered the rule petition and judgments of the courts below. Trial cou...... The order of stay granted earlier by this court is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 171 ..Category: Procedural Law | Date: 10 Sep, 2015 | Hits: 1
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
.... August 25, 2015 Result: The Rule is discharged. Code of Procedure, 1908; Order I, rule 10(2) Constitution of Bangladesh, 1972; Article 102 Rule 10(2) The Court may at any stage of the proceedings, either upon or without any application of either party, and on such te......gust 25, 2015 Result: The Rule is discharged. Code of Procedure, 1908; Order I, rule 10(2) Constitution of Bangladesh, 1972; Article 102 Rule 10(2) The Court may at any stage of the proceedings, either upon or without any application of either party, and on such terms ...... Result: The Rule is discharged. Code of Procedure, 1908; Order I, rule 10(2) Constitution of Bangladesh, 1972; Article 102 Rule 10(2) The Court may at any stage of the proceedings, either upon or without any application of either party, and on such terms as may appear..Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4
Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)
.... paid. Accordingly, a receipt to that effect was given to the petitioner by the Extra Assistant Commissioner (current charge) of the concerned Taxes Circle. In the said return, apart from not showing any income from agriculture unlike previous assessment year, the petitioner, amongst other, had show......sed without lawful authority and are of no legal effect. Accordingly, and the same are struck down. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 105 ...... 120 of the said Ordinance. It appears from mere reading of the provisions under section 120 that the IJCT has the authority to call for any records from the DCT in respect of any proceeding before him under this Ordinance if the IJCT considers that any order passed in the said p..Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2
The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)
....………....Contemnors/Respondents Judgment August 10 and 13, 2015 Result: The contempt proceeding succeeds. The proceeding of Contempt Court – If any person undermines the authority or lowers the dignity of the Court, or if any person scandalizes......sand) each to be contributed to two charitable organizations within one week from date, failing which, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ......ছে।” the issue of “The Daily Janakantha” and another………....Contemnors/Respondents Judgment August 10 and 13, 2015 Result: The contempt proceeding succeeds. The proceeding of Contempt Court – If any person undermines th..Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97
.... of Hindus, Fazlul Qader Chowdhury lost the election. That was the root cause for the accused to commit the atrocities in the areas with an object to driving away the Hindus from the locality so that any candidate from his family is not defeated in future elections.
7. In course of cr......the role of Sheikh Mujibur Rahman, the Bangalee intellectuals like M.N. Roy, Chitta Ranjan Das, Jatindra Mohan Sen Gupta, Rabindranath Tagore, Micheal Modhu Sudhan Datta, Kazi Nazrul Islam and at one stage he said, he along with his spouse spent considerable time-had social links with Jaswant Singh ......zlul Qader's Goods Hill in 1971-he was detained there and Salauddin Qader Chowdhury and others tortured him; that Saleh Uddin was elected Senator of Chittagong University and at that time, in the proceedings of the Senate, this incident was disclosed to him (P.W. 1) and that the marks of violenc..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
.... possession of the property. On the same day he executed and registered a power of attorney appointing the Petitioner authorizing her to act on his behalf and to deal with the property in question in any manner including power of transfer of the same. After passing of a considerable time while Abdur......exing all the relevant documents in support of her claim by a Firisti. But the Second Court of Settlement after hearing dismissed the Case by the impugned Judgment and Order dated 10-12-2009. At this stage the Petitioner moved this Court by filing this application and obtained the present Rule and O......e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)
..............Respondent Judgment June 29, 2015 Result: Rule is made absolute. Setting aside the Ex-Parte Decree under Sub-Rule 7 of Rule 1 of Order XVII— If any case decreed ex-parte on failure of the parties for non compliance of the procedure of sub-rule ......vil Procedure passed the order. The rule 1 of order XVII of the Code of Civil Procedure reproduced as under: Order XVII 1.--(1) The Court may, if sufficient cause is shown, at any stage of the suit grant time to the parties or to any of them, and may from time to time adjourn the......ex-parte disposal, non-application together with cost of two thousand taka into Court for such revival, and upon such application being made, the suit shall be revived for hearing without any further proceeding, and cost deposited into Court shall be paid to the other party." "10. ব..Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1
Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
.... The petition is disposed of. Code of Civil Procedure (V of 1908); Order IX, rule 6(1) (a) and 11 Whether a Defendant absent in the Suit in spite of Summons upon him and did not file any written statement, can contest an Appeal— In the Code there is no provision tha......osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ......n behalf of the appellants. In the memorandum of appeal as many as 16(sixteen) grounds were taken and not a single ground was taken as to the non-service of summons upon defendant No. 3 for which the proceedings of the suit could be said to be illegal and the judgment and decree passed therein a nul..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)
....rt itself. No plausible deduction other than this can be given on this count....... (11-14) Case Referred to- Peninsular Shipping Service Ltd Vs. Faruque Paint and Varnish Manufacturing Company Limited 59 DLR (AD) 26. Lawyers Involved: Md. Liton Ahmed, Advocate—For the Peti......e respondent no.2 violating his own order published the impugned auction notice on 26-7-2012 in "Daily Kaler Kantha" for sale of the petitioner's mortgage property and at this stage the petitioner moved this Division and obtained the present rule and the order of stay. 3......; Provision of section 48 of the Ain mandates only to take into account the time for disposal of the case which relates only those days spent during the proceeding of the Court itself. No plausible deduction other than this can be given on this count.....Category: Banking Law | Date: 25 May, 2015 | Hits: 0
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
....r deducting certain amounts. Some of the deductions were legal and some not legal. In the first installment the ACC sent the petitioner a cheque for an amount of Taka 3,37,250 without deducting any amount as advance income tax and the petitioner paid income tax for the relevant financial...... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361 ......bservations made by us in this connection relates only to a limited purpose for the disposal of this Rule and nothing herein expressed would in any manner operate as a bar or have bearing in any proceeding in this context. 16. Be that as it may our considered view is that the Memos by whic..Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2
Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....ing Tone to be played in their respective mobile phones. The said advertisement contained an assortment of songs, both folk and modern in Bangla, Hindi and English to be played in the mobile phone of any individual subscriber as a Ring Tone captioned under the heading বাংলা সিনেম......he judgment on merit. 20. Mr. Asaduzzaman, however, could not assail the impugned judgment on merit. 21. As such, the question of raising violation of natural justice does not arise at this stage. 22. We are of the view that the High Court Division was justified in making the Rule abs......d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ..Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....nizance was taken by the tribunal, charge was framed to whicfc however the sole accused pleaded not guilty and claimed to be tried. Next in order to bring the charge home the prosecution produced as many as 7 witnesses including the alleged victim Malati Rani P.W. 2 herself. Next the accused was exa...... prosecution produced as many as 7 witnesses including the alleged victim Malati Rani P.W. 2 herself. Next the accused was examined under section 342 of the Code of Criminal Procedure and in the stage too the appellant stuck to his earlier plea of innocence, but adduced no D.W., nor spoke anyth......aida Khatun used to be the Upazilla Woman Affairs officer, Khoksa. She stated that upon Malati Rani's complain a salish took place presided over by the local Upazilla Nirbahi Officer and its proceeding was reduced to writing with her signature (exhibit-2, 2/1). P.W.6 Dr. Abdus Samad used to..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
....lare the sentence of the condemned prisoner to be unlawful. It was observed that the provision of mandatory death penalty is ultra-vires the Constitution, inasmuch as, when the legislature prescribes any punishment as mandatory, the hands of the court become a simple rubberstamp of the legislature a...... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......ls by pouring corrosive substances over petty matters, which could not be imagined of to be perpetrated in the western countries. We would not incorporate principles foreign to our Constitution or be proceeding upon the slippery ground of apparent similarity of expressions or concepts in an alien ju..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
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