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Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
....Present: Md. Azizul Haque J Golam Beg…………………….Petitioner Vs. Hajera Begum…………………Opposite Party Judgment July 5, 2010. Result: The Rule is made absolute. Cases Referred to- Safaruddin Vs. Fazlul Huq, 49 DLR (AD) 151. Lawyers Involved: ...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ...... to amend the plaint by narrating the mode of acquisition of title of Zitu Begin the suit land in view of the CS Khatians as filed by her. Therefore, the impugned Judgment and decree and those of the trial Court have no foundation and, as such, the impugned Judgment and decree cannot stand. 10. I......nt Md. Azizul Haque J.- The Rule was issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party No.1 to show cause as to why the impugned Judgment and decree dated 10-4-2006 passed by the Joint District Judge, Section Court, Narail in title Appeal..Category: Property Law | Date: | Hits: 103
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....al District Judge, Fifth Court, Dhaka who was pleased to dismiss the appeal by his Judgment and order dated 22-8-1999 on the findings that the petitioner was not diligent in conducting his case and also on approving the finding of the trial Court. 10. Being aggrieved by the Judgment and order dat......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ......ka who was pleased to dismiss the appeal by his Judgment and order dated 22-8-1999 on the findings that the petitioner was not diligent in conducting his case and also on approving the finding of the trial Court. 10. Being aggrieved by the Judgment and order dated 22-8-1999, the defendant-appella......R (HCD) (2010) 449. ..Category: Procedural Law | Date: | Hits: 170
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
....rticle 102 of the Constitution the petitioners called in question the legality, of the order dated 23-11-2008 passed by the learned Judge of Artha Rin Adalat and Joint District Judge, Court No. 1, Jessore in Misc. Case No.117 of 2008 (Annexure-E to the Writ Petition) rejecting an application filed b......nt No.2. Sk Hasan Ali, Advocate - For the Respondent No.3. Writ Petition No. 9294 of 2008. Judgment Zinat Ara J.- In this application under article 102 of the Constitution the petitioners called in question the legality, of the order dated 23-11-2008 passed by the learned Judge of Artha ...... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533.......s Case is also Reported in: 62 DLR (HCD) (2010) 533...Category: Civil Law | Date: | Hits: 157
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....or further order or orders passed as to this Court may seem fit and proper." 2. At the very outset, Mr. Rafique-ul-Huq, learned Advocate for the petitioner, submits that he will not press the Rule so far as it relates to the constitutionality of the Money Laundering Prevention Act, 2009. 3. Th......োধনীয়সহ উহা পুনঃ প্রনয়নের উদ্দেশ্যে প্রণীত অধ্যাদেশ।” Legislation by reference to an earlier statute is called legislation by incorporation. The provision of an earlier statute sought be included in the l......oney Laundering Prevention Act, 2009. Before filing the FIR in the instant case necessary approval has been taken from appropriate authority. Section 9 of the Act of 2009 deals with investigation and trial of the offences. Sub-section (i) of section 9 of Act, 2009 provides that the offences committe...... with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....………………Petitioner Vs. University of Chittagong represented by the Vice-Chancellor and others………….Respondents Judgment October 15, 2008. Result: The Rule is made absolute. Cases Referred to- Advocate AM Zia Habib Ahsan Vs. Chittagong University, 12 BLC 679; ......he matter found that: (i) The name found is the Gazette and in the Tabulation sheet is found to be Mohd. Abul Quashem. However, the name found, in the application made by the petitioner and the so-called original certificate supplied by him is Md. Abul Kashem it is not conceivable that the Univer......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ...... Original Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Hoque J Abdul Kashem......………………Petitioner Vs. University of Chittagong represented by the Vice-Chancellor and others………….Respondents Judgment October 15, 2008. Result: The Rule is made a..Category: Others | Date: | Hits: 186
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....s, in short, is that ‘A’ schedule land to the plaint belonged to Gopal Mondal who died leaving behind two daughters namely, Maharani Mondal and Sachi Rani. Maharani Mondal died leaving behind one son, Gurudas Sarker. During S.A. operation, the suit land was recorded in the names of Gurudas Sarke......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......eave to appeal before this Division. 9. Mr. Mahbubey Alam, learned Senior Advocate, appearing for the leave-petitioners, submits that the High Court Division did not advert to the findings of the trial Court which came to a finding that the plaintiff could not prove the transaction and that the ...... Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Ibrahim Khalil and others………………........Petitioners Vs. Mujibur Rahman and others…….............Category: Civil Law | Date: | Hits: 186
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....s, in short, is that the suit property measuring 18.15 acres recorded under CS khatian No.622 of Kazihatta mouza originally belonged to Brojendra Nath Chattpadhya who passed away leaving behind three sons, Jitendra Nath, Upendra Nath and Gopal Chattapdhya. After that, Upendra Nath passed away leavin......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......record in respect of the suit land and the plaintiffs being aware about the suit filed another suit with a view to harassing the defendant and as such, the suit was liable to be dismissed. 4. The trial Court decreed the suit by the judgment and order dated 26.05.1976. Against the judgment and de......: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Omar Ali Mondal and others…………...............Petitioners Vs. Md. Abdul Hamid and others.................Category: Property Law | Date: | Hits: 101
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....5 passed by the Additional Sessions Judge, Narayangong in Session Case No.40 of 1994 convicting the appellant under section 302 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life with a fine of Taka 5000/- in default to suffer rigorous imprisonment for another s......nt there and saw that the victim Shona Mia was being taken out side of the house. He asked his father about the incident, when his father disclosed that the appellant had kicked him on his chest. She called a local Member, in who’s presence, the victim Shona Mia disclosed the fact again. In cross-......(11)93 under section 302 of the Penal Code. The police, after investigation submitted charge sheet against the sole appellant on 29.4.1994 under the same penal section. The case after being ready for trial, was sent to the Sessions Judge, Narayanganj, wherein it was registered as Session Case No.40 ......or the appellant. Ms. Rona Nahrin, Assistant Attorney General - For the respondent. Criminal Appeal No.1938 of 1996. Judgment Md. Ruhul Quddus J.- This appeal is directed against judgment and order dated 31.8.1995 passed by the Additional Sessions Judge, Narayangong in Session Case No.40..Category: Criminal Law | Date: | Hits: 101
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
....ion Commission can lay the trap and conduct the trap operation and, as such, in the present case the very initiation of the case is illegal, as the first information report was lodged by a private person who himself is an interested person. He further submits that except following the mandatory ......,000 (fifty lakh) as illegal gratification from him for favouring him in a case of Money Laundering. Subsequently the matter was settled with him at Taka 30 lakhs. On 23-1-2011 the accused-petitioner called him to his office and he informed the matter to RAB-7, Chittagong and on their advise he went......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......jected. Case Referred to- 14 MLR 482. Lawyers Involved: Abdul Matin Khasru, Advocate - For the Accused-Petitioner. KM Zahid Sanvar, Deputy Attorney-General with Md. Zakir Hossain Ripon and Monzu Naznin (Rozy), Assistant Attorney-General—For the State. Md. Khurshid Alam Khan, Advo..Category: Criminal Law | Date: | Hits: 111
....resident on 4-5-1989 and 23-2-1992 respectively; that former Managing Director Mr. Fazlur Rahman and Mr. Kazi Mesbahuddin Ahmed and a former Executive Vice-President Mr. T Alam instructed him to make some temporary advances in favour of some persons about whom they were interested; that plaintiff ha......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......has submitted that since the Appellate Division found that the appellant is a public servant. He is not a servant as defined in the labour law, so, the instant suit is his only remedy and as such the trial Court committed illegality in rejecting the plaint. The finding of the Appellate Division th......ourt
High Court Division
(Civil Appellate Jurisdiction)
Present:
Farid Ahmed J
M Enayetur Rahim J
Abdul Quayum………………Appellant
Vs.
International Finance Investment and Commerce Bank Ltd. and others……………Respondents
Judgment
January 17, 2010
Resul..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....4 (decree signed on 23-2-2004, Annexure-D and E to the writ petition respectively) passed by the learned Judge of the Artha Rin Adalat No.4, Dhaka in Artha Rin Suit No.371 of 2003. The petitioner also challenged the initiation of the proceeding of Artha Jari Case No.214 of 2007 without drawing up ....... Arshad Ullah, Advocate - For the Petitioner. Md. Imam Hasan, Advocate - For the Respondent No.2. Writ Petition No.2617 of 2010. Judgment Zinat Ara J.- In this rule nisi, the petitioner called in question the legality of the judgment and decree dated 17-2-2004 (decree signed on 23-2-20......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ...... High Court Division (Special original Jurisdiction) Present: Zinat Ara J Md. Abu Zafor Siddique J Afifa Sultana……………………Petitioner Vs. Judge, Artha Rin Adalat and others………………………Respondents Judgment January 9, 2011. Result: The r..Category: Civil Law | Date: | Hits: 269
....resented by the Secretary, Ministry of Home Affairs, Dhaka & others………………….Respondents
Judgment
March 13, 1989.
Result:
The Rule in all the Writ petitions are made absolute.
Lawyers Involved:
Abu Sayeed Ahmed, Advocate - For the Petitioners (In all the Writ ......titioners have not been awarded any punishment under Article 11 of P.O.No.148 of 1972. Discharge from service is not a punishment mentioned in Article 11 of P.O.No.148 of 1972.
14. By an amendment called the Bangladesh Rifles (Special provisions) Ordinance, 1976 (Ordinance No. LXXXV of 1976) it...... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459.......d Ahmed, Advocate - For the Petitioners (In all the Writ Petitions).
A.F. Hasan Ariff, Deputy Attorney General - For the Respondents (In all the Writ Petitions).
Writ Petition Nos. 416, 438 and 452 of 1986.
Judgment
Mustafa Kamal J.- These 3 Writ petitions have been heard together ..
Category: Others | Date: | Hits: 167
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....Bank under Article 33 of P.O. No.129/72 filed Misc. Case No.40/78 against M/S Decent Oil Mills Ltd., B.S.C.I.C. Industrial Estate. Pabna and its 7 Directors for realisation of the said dues and also for realisation of damages and interest till the realisation of the total amount due to the Bangl......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......njura Begum as Managing Director M/S. M.A. Rashid, Abdul Majid Khan, A.B. Siddique, M.A. Jalil and Md. Jafrul Huq as Directors of M/S. Decent Oil Mills Ltd., Pabna applied for loan to the then Industrial Development Bank of Pakistan (now Bangladesh Shilpa Bank) for a loan in foreign exchange (De...... Appellant. S. B. Barua, Advocate - For the State. Criminal Appeal No.325 of 1987. Judgment Fazle Hussain Mohammad Habibur Rahman J.- Accused-Appellant Md. Anwar Ali was tried in absentia and convicted u/s 16 (3) read with section 16(1)(a) of the Special Powers Act, 1974 by Mr. Afzalul H..Category: Criminal Law | Date: | Hits: 108
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....amat Ali Master.........................Petitioner Vs. Lehajuddin Talukder & others .......................Opposite Parties Judgment November 2, 1988. Result: The Rule is made absolute. Lawyers Involved: P.C. Guha, Advocate - For the Petitioner. Matiar Rahman Khan, Adv...... that the defendant No.2 Menhazuddin Talukder was the owner in possession of the disputed lands. He mortgaged 40 acre of land out of the same for 7 years in favour of the plaintiff by what is locally called “অগ্রীম খাজনা পাট্টা” dated 9.3.79 for a consideration ......d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......of 1985. Judgment DM Ansaruddin Ahmed J.- This Rule issued on an application under section 115 of the Code of Civil Procedure at the instance of the plaintiff is directed against the judgment and decree dated 6.6.85 and 8.7.85 respectively passed by the Subordinate Judge, Barguna, in Title..Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....he 1st floor of the said three storied residential building for residential purposes. The tenant Dr. Suraiya Hossain and her husband, both of whom are foreign qualified Doctors, lived there and had also their chamber therein where they used to examine patients without any objection from the landla......also read the other decisions quoted in that case. He misunderstood the whole thing, which is very unfortunate. 34. Lastly if has been contended by the learned Advocate that the tenant cannot be called a defaulter because she has yet a deposit of Tk. 20,000/- with the landlord. 35. This is a......hat she granted rent receipt in lump for 2/3 months together as rents were paid in that fashion by the tenant. This is essentially a question of fact. 19. From a reading of the judgment of the trial Court in Title Suit No.214 of 1984 it is seen that the said Court had examined this point care...... Judgment May 12, 1988. Result: Civil Revision No. 561 of 1987 is discharged. Cases Referred to- Ahmedur Rahman Vs. Sk. Mofazzal Hossain, 14 DLR 826; Rafique & others Vs. Siddique and others, 22 DLR 59; Dasarath Vs. Sarat Chandra, 37 CWN 971; Kobbat Ahmed Vs. Abdus Sabur, 25 DLR ..Category: Property Law | Date: | Hits: 88
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....use as to why the Notification dated 20.10.88 issued in the Bangladesh Gazette by the respondent No.1 (Annexure E) and the Notification dated 12.12.88 issued by the Election Commission (Annexure H) so far as those relate to Sylhet Pourashava shall not be declared to have been made without lawful a......ollows:— "(28) "Municipality" means an urban area, declared to be a municipality under this Ordinance: (33) "Pourashava" means a Pourashava constituted under this Ordinance by whatever name called; (45) "Urban area" means an area within the jurisdiction of a Pourashava or Cantonment Boa......result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......si issued under Article 102 of the Constitution the respondents were asked to show cause as to why the Notification dated 20.10.88 issued in the Bangladesh Gazette by the respondent No.1 (Annexure E) and the Notification dated 12.12.88 issued by the Election Commission (Annexure H) so far as those..Category: Property Law | Date: | Hits: 108
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
....assed by the learned Sessions Judge, Habiganj in Sessions Case No.18 of 1984, convicting all the accused appellants under sections 302/109 of the Penal Code and sentencing each of them to suffer imprisonment for life. 2. Prosecution case in short, is that on Thursday, the 7th June, 1989 at abou......n be framed under section 364 of the Penal Code and the charge must be one under sections 302/109 or for murder pure and simple. In the present case the allegations are that the accused-appellants called the victim out of his house and thereafter his dead body was found floating in the river Khoa......guilty of the charges and claimed to be tried. In all 10 witnesses were examined by the prosecution in support of the gharge and two were tendered for cross-examination by the defence. 5. The trial Court discussed the evidence, found the accused guilty u/s. 302/109 P.C. and sentenced them as...... Fazlul Haque, Assistant Attorney General—For the State. Criminal Appeal No.83 of 1985. Judgment Qazi Shafiuddin J. - Accused appellants Soleman, Alfi Miah alias Aktar Hossain, Somed Miah and Dudu Miah have preferred this appeal against the judgment and order of conviction and sentence..Category: Criminal Law | Date: | Hits: 141
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
.... a direction to remove the obstruction raised by them in the said pathway. 3. The case of the plaintiff-opposite party in brief is that the homestead of the plaintiff is situated to the contiguous south of the 1st schedule land and they are using the second schedule land as pathway since the time...... (1) Negative prescriptions which relate to reality or corporal hereditaments whereby uninterrupted possession for a specified time gives the occupier a valid title; (2) Positive prescription also called acquisitive prescription which relates to incorporeal hereditaments and by which a title is a...... decision in the case of Girijanandini Devi Vs. Bijendra Narain Chowdhury AIR 1967 SC 1124. It has been observed. "It is not the duty of the appellate Court when it agrees with the views of the trial Court to restate the effect of evidence or to reiterate the reasons given by the trial Court'......ioners Vs. Attar Ali……………......................................Opposite Party Judgment June 24, 1989. Result: The rule is discharged. Cases Referred to- Abdul Ilafiz and others Vs. Mafizuddin and others 7 D.L.R. 577; Sadindee Dev Vs. Ambica Singh Manipuri and others..Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....l Hoque Miah............................Petitioner Vs. The People's Republic of Bangladesh............Respondents Judgment June 26, 1989. Result: The Rule is, accordingly, made absolute. Cases Referred to- 1981 BLD (AD) 196; Hye Bhuiya Vs. Secretary, Ministry of Local Go......ti-Corruption Officer, Rangpur in the Court of Upazila Magistrate, are sufficient grounds for placing the petitioner under suspension and in that view of the matter the order of suspension can not be called in question as being violative of the statute. 10. Section 13 of the Local Government (Tha......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110...........Respondents Judgment June 26, 1989. Result: The Rule is, accordingly, made absolute. Cases Referred to- 1981 BLD (AD) 196; Hye Bhuiya Vs. Secretary, Ministry of Local Govt. and Rural Development and others 1981 BLD (AD) 196; Abdur Rashid Versus Govt. of Bangladesh 32 DLR..Category: Others | Date: | Hits: 175
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
.... 1984 should not be set aside and the said case should not be sent back for retrial or to pass such other or further order or orders as to this Court may seem fit and proper. From the said order it also appears that Mr. Syed G.R. Modasir Hossain, the learned Deputy Attorney-General submitted that ......ge about 2 years back. The learned Sessions Judge was of the view that as the petitioner was tried in absentia in the sessions Court, probably the warrant of arrest which was issued earlier was not recalled and as such the petitioner might have been arrested after prouncement of the acquittal order.......ner and on the opposite party as well to show cause why the order of acquittal of the petitioner in Sessions Case No.63 of 1984 should not be set aside and the said case should not be sent back for retrial or to pass such other or further order or orders as to this Court may seem fit and proper. Fro......Attorney General— For the State. Criminal Miscellaneous Case No.155 of 1987. Judgment Latifur Rahman J. - This Rule was issued on 26.10.87 calling upon the Deputy Commissioner, Manikganj and the opposite party No.2 to show cause as to why accused Jalaluddin who has already been acquit..Category: Criminal Law | Date: | Hits: 101
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