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....9.8.82.
We, therefore, find no ground for interference.
In the result the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 265.
......oner Bangladesh Jute Corporation. The Secretary of the petitioner-corporation asked the respondent No.2 by letter dated 23.6.82 to show cause why disciplinary action should not be taken against him for defalcation of Tk. 12.032/- by creating false and fictitious vouchers. The respondent No.2 submi......9.8.82.
We, therefore, find no ground for interference.
In the result the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 265.
...... with no effect.
4. The respondent No.2 then filed Complaint Case No.41 of 1983 in the Labour Court at Khulna challenging the continued order of suspension which started on 19.8.82. At the time of trial of the said case it was revealed that the Labour Court at Khulna had no jurisdiction to entert..
Category: Labour and Industrial Law | Date: | Hits: 166
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....a facie case and the balance of convenience and inconvenience are not in favour of the plaintiff‑petitioner and that they are violating the terms and condition of the rules and that the licence has rightly been cancelled. 6. The said application for temporary injunction came up for hearing befo...... by the learned Senior Assistant Judge, Sadar, Kishoregonj in other Class Suit No. 136 of 2002 should not be set aside. 2. The petitioner as plaintiff instituted Other Class Suit No. 136 of 2002 before the Court of learned Senior Assistant Judge, Sadar, Kishoregonj for declaration that the Memo N......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......In the facts and circumstances of the case, the impugned Judgment and order passed by the Appellate Court is not sustainable in law and liable to be set aside and the Judgment and order passed by the trial Court needs to be restored. In the result, the Rule is made absolute without any order as t..Category: Property Law | Date: | Hits: 62
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ......rocedure calling upon the opposite party to show cause as to why the order dated 26‑2‑2003 passed by the Sessions Judge, Tangail in Sessions Case No. 32 of 2003 directing the Magistrate concerned for sending back the case to him after passing necessary order regarding taking cognizance of an off......titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ...... the Court of Cognizance on consideration of that enquiry report took cognizance of an offence punishable under section 302 of the Penal Code against Dulal and sent the case to the Sessions Judge for trial. The learned Sessions Judge while fixing a date for hearing as to framing of charge considerin..Category: Criminal Law | Date: | Hits: 81
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
.... relates to the defendant No.18 is a nullity in the eye of law and Order 9 rule 13 of the Code of Civil Procedure entitles a defendant to file an application to set aside an ex parte decree which has rightly been passed by the trial Court and in the instant case since admittedly the defndant No.18 t......e preliminary decree dated 24-4-95 passed in Partition Suit No.12 of 1992. 2. The petitioner as plaintiff instituted Partition Suit No.128 of 1984 in the Second Court of Subordinate Judge Comilla, for partition of the suit properties and to allot her a saham for her legal share inherited by her f......the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140.......intiff made a prayer for appointment of a commissioner to effect partition and the commissioner after visiting the suit properties prepared a map, Chitta, Saham book and submitted the same before the trial Court. Thereafter, the opposite party Nos. 1-9, the heirs of deceased defendant No.18, filed M..Category: Procedural Law | Date: | Hits: 67
....the plaint that in the SA Khatian the suit land was in the name of the Pulin Bihari Paul, the vendor of the plaintiff. And after the said purchase plaintiff’s name was duly mutated in the record of right and since then he had been regularly paying rent to the Government. The plaintiff thereafter c...... No.402 of 1982 in the 2nd Court of the learned Assistant Judge, Satkhira which on transfer to the Court of the learned Assistant Judge, Tala was re-numbered as Title Suit No.27 of 1997. The suit was for declaration of plaintiffs title in respect of 1.27 acre of land hereinafter referred to as the s...... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134.......ment possessed the land in papers only and could not produce any piece of paper to show that it was ever leased out to anybody.
9. On consideration of the evidence oral and documentary the learned trial Court found that Pulin Behari never left for India, SA Khatian of the suit land stood in the n..
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
....de by the Court as provided in rule 19 and distinct declaration of due service recorded there is no presumption of service of summons. Presumption of service arises when record shows that process was rightly and duly served.” (Emphasis added.) Therefore, in view of the aforesaid observation we ......pondent No.1. Md. Asadullah, Advocate - For the Respondent No.9. First Miscellaneous Appeal No.15 of 1996. Judgment AM Mahmudur Rahman J.- This Appeal is against the order of attachment before judgment dated November 27, 1995 passed by the learned Subordinate Judge, 2nd Court, Chittagong...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......uch service of notice the Court below by its order dated 1-1-96 fixed 30-1-96 for objection to the applications for attachment and also for filing written statement. 10. Thereafter on 27-11-95 the trial Court passed the order under appeal: “বাদীপক্ষের বিজ্ঞ ক..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....tution, 1979 of the Samity including the provision of Article 37 barring the ad-hoc Committee or authorising any particular Committee to amend the Constitution. Mr. Alam asserted that the petitioners rightly amended the Constitution adopting the recommendations made long ago by the Sub-Committee and......at the opposite parties as plaintiffs instituted Other Class Suit No. 142 of 2003 on 17‑9‑03 in the Court of the learned Senior Assistant Judge, Sadar, Dinajpur against the defendants-petitioners for a declaration that the decision dated 14‑9‑03 relating to amendment of the Constitution of D......d to bring about amendment of the Constitution of the Samity and also admittedly called a general meeting of the Samity to adopt those amendments in vain but he is now reprobating the same which is unfair and he cannot do so at the same time. 8. It is contended by him that the Appellate Court bel......ent of fact and events with dates of the formation and functions of tile ad-hoc Committee including the date of receipt of the information of the judgment of the High Court Division received from the trial Court, facts and events of the Samity with date leading to amendment of Constitution, formatio..Category: Civil Law | Date: | Hits: 74
.... documents relating to their ownership of the suit land but after long lapse of time the land acquisition officer in the middle part of May, 1998 all on a sudden disclosed that the plaintiffs have no right or ownership in the suit land and as such question of de-requisition does not arise at all whi...... of affirmance dated 3.02.2003 passed by the learned Additional District Judge, 3rd Court, Sylhet in Title Appeal No.332 of 2001 should not be set-aside.
2. Material facts of the case as necessary for disposal of the Rule are that the opposite party Nos.1-5 as plaintiffs filed a suit being Title ......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......rein the Government officials have been living; that the plaintiffs claimed their title over the suit land on the basis of collusive deeds and as such the suit is liable to be dismissed.
4. At the trial the plaintiffs examined in all 5 (five) witnesses namely, PW-1, PW-2, PW-3, PW-4 and PW-5 and ..
Category: Property Law | Date: | Hits: 64
Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)
....inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ......the Anti‑Corruption Act, 1947 arising out of BAC GR Case No.33 of 2002 now pending in the Court of Metropolitan Senior Special Judge Court, Dhaka. 3. Bureau of Anti‑Corruption lodged a first information report against the petitioners and others alleging, inter alia, that the petitioner and ot......inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ......taken such decision to sell out the property belonging to the trust appears to be a prima facie case which cannot be decided by this Court. Further, it appears the charge has not yet been framed. The trial Court will testify the decision of the board and these are the matters for the trial Court acc..Category: Criminal Law | Date: | Hits: 93
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....decision of the Government in matter of investigation and as such the government is free to decide which case will be investigated by whom and that the accused petitioner has got no statutory right to challenge the government order, consequently this Criminal Miscellaneous case being meritle......Shafiuddin with Mr. Md. Siraj, Advocate - For the opposite party No.2. Criminal Miscellaneous Case No. 6294 of 2008. (An application under section 561A of the Code of Criminal Procedure, 1898 for quashment of proceedings of the Patenga P.S case No.4 dated 11.4.2004 under section 302/34 of th.......2006 passed by the High Court Division in Criminal Miscellaneous case No.4636 of 2006 field regular Criminal Petition for Leave to appeal being 473 of 2006. 11. In the meantime Ministry of Home Affairs took decision on 10.11.2005 to have the case investigated by the RAB and the said decision of ......the Code of Criminal Procedure, the High Court Division would not embark upon an inquiry as to the truth or falsehood of the allegations made against the accused person and that can be decided at the trial on taking evidence in support of the prosecution case. It is, also, important to remember that..Category: Criminal Law | Date: | Hits: 76
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....ganization (NGO) named Nari Grantha Prabartana. The petitioner No.3 is a physician and public health specialist, lawyer and politician. The Petitioner No.4 is the Acting Director of Odhikhar, a human rights organization. All petitioners are widely known in the country for their human rights activism......ur Rahman Khan, Mr. Md. Asaduzzaman, and Mrs. Kashefa Hussain, Advocates - For the Petitioners. Mr. Salahuddin Ahmed, Attorney General, with Mr. Md. Delower Hossain, Deputy Attorney General, Mr. Zafor Immam, Assistant Attorney General and Mr. Md. Moslemuddin, Assistant Attorney General - For the ......visions of Article 35, 94, 116 and 116A of the Constitution. 14. Further case of the petitioners are that every offenders has a constitutional and legal right and is required to be tried through a fair trial by a competent Court of law or Tribunal and that the punishment for such offence, to be m......য়। 4. Further case of the petitioners are that the Ordinance has been promulgated purportedly with an objects inter alia (a) to remove corruption through an alternative way of criminal trial of the offence and (b) to reduce the burden of the trial by the state, which are contrary to t..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....ntions advanced have been countered from the side of State-respondent. Thrust of contention advanced from side of State-respondent is that Tribunal having considered evidences and materials on record rightly convicted convict-appellant and prosecution witnesses examined by prosecution were sufficien......For the Appellant. Snigdha Huq, Assistant Attorney-General—For the State-Respondent. Criminal Appeal No. 446 of 1999. Judgment AK Badrul Huq J.— Babul having been depicted as offender for possession of weapons of offence faced trial of charge laid under sections 19A and 19(f) of the ......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......t Attorney-General—For the State-Respondent. Criminal Appeal No. 446 of 1999. Judgment AK Badrul Huq J.— Babul having been depicted as offender for possession of weapons of offence faced trial of charge laid under sections 19A and 19(f) of the Arms Act of 1878 (For short The Act) before..Category: Criminal Law | Date: | Hits: 84
Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)
.... that father is the natural guardian of children, so plaintiff has no authority of such custody. He adds that welfare of children shall be protected by defendant. Therefore, the Court of appeal below rightly reversed the order of trial Court which calls for no interference by this Court. 6....... Dhaka, allowing Misc. appeal No.27 of 2009 by reversing those of dated 05-04-2009 passed by learned Assistant Judge and Family Court No.15, Dhaka, directing the custody of children to plaintiff for ten days in Family Suit No.08 of 2009. 2. Material facts are that on 15-01-2009 materna......ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ......years and female child named Usha aged about 7 years. On transfer, the suit is renumbered as Family Suit No.08 of 2009. 3. In suit, on 05-04-2009 plaintiff sought for custody of children and trial Court allowed such custody for ten days. The same was reversed in appeal by the impugned order..Category: Family Law | Date: | Hits: 171
....in question whether or not it was instituted prior thereto.
Explanation II‑ For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as to a right of appeal from the decision of such Court.
Explanation III‑ The matter above referred to ......nate Judge, Court No. 3 at Dhaka in Money Suit No. 47 of 1991, which decreed the suit.
Respondent Nos. I to 6 as plaintiffs on 20‑6-91 instituted the suit against the appellants and two others for a money decree of Taka 6,86,99,585.21.
2. Plaint case, in short, is that plaintiff No. 1 was ......d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
......g jurisdiction to try subsequent suit, such decision would become conclusive and cannot be reopened in such subsequent suit.
23. But it may be noted that when an issue is raised and decided by the trial Court but in appeal neither affirmed nor reversed, that cannot be said to be finally decided a..
Category: Civil Law | Date: | Hits: 92
Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
....4 who practiced fraud upon the Court and filed the alleged solenama by forging the thumb impressions and signatures of the predecessor of the petitioners. The predecessors of the petitioners having right, title, interest and possession in the suit property never knew about such Sole decree. The pr......his Rule the plaintiff petitioner challenged order No. 14 dated 30‑5‑2001 passed by the learned Assistant Judge, Sonagazi, Feni in Title Suit No. 46 of 2000 rejecting the petitioner's application for calling for the records of Title Suit No. 134 of 1958 and accordingly, the opposite party Nos. 1......No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......d on behalf of the opposite parties but in the record a counter-affidavit filed by the opposite party Nos. 1‑4 is found. The contention therein appears to be that the application once rejected, the trial Court rightly rejected the subsequent application as the earlier order was not challenged in a..Category: Civil Law | Date: | Hits: 75
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ...... the Code of Criminal Procedure would operate as a bar to a proceeding under sections 464/465/467/468 /469/471/109 of the Penal Code, against one who had used a photo copy of a document alleged to be forged in a proceeding under sections 406/420 of the Penal Code. 3. The relevant facts are, that ......ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......ror reported in AIR 1925 (Oudh) 413, Sanmukhsingh and another Vs. King reported in AIR 1950 PC 31 are the decisions consistently held that the absence of complaint by Court cannot stand as a bar to a trial of any offence for forgery if the original alleged document is not used or given in evidence i..Category: Criminal Law | Date: | Hits: 94
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....e definition of loan. 27. In such view of the matter, we are unable to accept the conclusion of the trial Court. The learned Joint District Judge failed to look at the relevant law in deciding the rights of the plaintiffs to temporary injunction. The findings of the trial Court that the plaintiff......ed by Joint District Judge, Court No.5 in Dhaka in Title Suit No.191 of 2004, which granted temporary injunction restraining the defendants from sending names of the plaintiffs to the Bangladesh Bank for publication in the CIB (Credit Information Bureau) report. 2. Short facts for disposal of the......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......that the plaintiffs already paid 300% of the principal amount. 8. By impugned order, learned Joint District Judge held that he was satisfied that the plaintiff made out a good prima facie case for trial and the defendants failed to controvert by any papers in showing that the plaintiffs did not p..Category: Civil Law | Date: | Hits: 71
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
.... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......…………………………….Respondent Judgment July 6, 2004. Lawyers Involved: Md. Ozair Farook with Osman Gani, Advocates—For the Petitioner. Aktar Imam, Advocate—For the Informant. Criminal Miscellaneous Case No.11845 of 2003. Judgment SK Sinha J.- This Rule at t......f any audit report either in the first information report or in the police report from which the alleged amount of misappropriation has been ascertained. There is provision for causing audit of the affairs of the Society every year and in the absence of the contrary, it may be presumed that there ha......n 234. Section 234 provides that if an accused committed more offences than one of the same kind within a space of twelve months from the first to the last offence, he may be charged and tried at one trial, with any number of them not exceeding three. There is total misjoinder of charges and the lea..Category: Criminal Law | Date: | Hits: 89
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
.... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ......not maintainable. According to the pre-emptees, the Miscellaneous case was not filed by pre‑emptor Nos.1, 2, 4, 5, 6 and 7 and their signatures in the vokalatnama and Miscellaneous application were forged and fabricated and prayed for dismissal of the case. 4. Aforesaid Miscellaneous Case No.5 ...... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ...... of 1998 was fixed for peremptory hearing on 2‑8‑2001 when the pre‑emptors were not present but the pre-emptees were present and a prayer for adjournment was made by the pre‑emptors but the trial Court rejected the said prayer and dismissed Miscellaneous Case No.5 of 1998 for default. ..Category: Property Law | Date: | Hits: 52
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
.... submitted that the respondent No.1 repeatedly admitted the allegation of the petitioner but did not pay the dues which shows that the respondent No.1 is a very dishonest Association and they have no right to continue as such. Mr. Nabi concentrates on the provisions of sub‑sections (v) and (vi) of......tioner was an employee of the Bangladesh Jute Mills Association (hereinafter called 'the Association'), the respondent No.1. His services has since been terminated. The petitioner has filed this case for an order for winding up of the Association pursuant to the provision of section 241(v) of the Ac......I have seen many companies reluctant to pay the dues of their terminated/retired employees, though they had spent the best part of their lives in serving the companies. This is extremely unjust and unfair. To remedy the situation and relieve the poor employees of the Company of their sufferings the ...... damages for breach of contract or remuneration due for services rendered do not fit in with the category of 'debt' because the quantum of the claim has to be decided in such cases on evidence at the trial. In the case of 'debt', quantum is definite and certain and, in fact, cannot be disputed. This..Category: Employment/Service Law | Date: | Hits: 144
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