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National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
....sed by the learned Subordinate Judge, 3rd Court, Dhaka in Title Suit No.116 of 1983. 2. The plaintiff-opposite party filed the aforesaid Title Suit for a declaration that the plaintiff is the sponsor Director of National Bank Ltd., the defenÂdant No.1 (petitioner in the present application) and......atter. Therefore, we do not find any ground for interference. In the result, the Rule is disÂcharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103....... he is an actual shareholder or Director of the Bank. He is filing the suit on the basis of loss of a contingent interest. Whether he has been able to make out such a case will be seen at the time of trial but he cannot be shut out at this stage on the ground that the plaint discloses no cause of ac......rt Division (Dhaka) (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J National Bank Ltd.............................Petitioner Vs. Haroon Malik and Others......................Opposite Parties Judgment July 2, 1989. Result: The Ru..Category: Business or Commercial Law | Date: | Hits: 282
Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)
....hers................................Petitioner Vs. The State, Represented by Deputy CommisÂsioner, Bogra............Opposite Party Judgment July 3, 1989. Result: The Rule is made absolute. Lawyers Involved: Mansur Habib, Advocate—For the Petitioner. Nurul Islam, Advoca......f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ......ers Act, 1974. The case was then sent to the Special Tribunal No.1, Bogra and in turn the learned Special Tribunal No.1 transferred the case on 4.7.87 to the learned Special Tribunal No.11, Bogra for trial. The Special Tribunal No.11, Bogra received the case record on 14.7.87 but as the trial of the...... in: 42 DLR (HD) (1990) 97. ..Category: Procedural Law | Date: | Hits: 112
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
....pazila Munsif had no pecuniary jurisdiction to try the suit, since as it was disclosed by P.W.1 in his evidence that the valuation of the suit property would be Taka 25,000.00 or Taka 30,000.00. It also appears that the plaintiff by an application prayed for enhancement of the suit valuation at Taka...... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ...... 1987 and the learned Subordinate Judge, Munshiganj who heard the appeal by his Judgment and decree allowed the appeal dismissing the original suit and set aside the Judgment and decree passed by the trial Court. 6. As against that the plaintiff petitioners moved this Court and obtained this Rule......f the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....lly belonged to one Abdul Jalil, during the war of liberation the said owner along with his family members took shelter in the Murapara camp under Dhaka district and taking advantage of their absence some miscreants took possession of the suit property illegally and got it declared as an abandoned p......r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......it property was rightly declared as an abandoned property. The petitioner further stated that he possessed the property by leasing out the same and hence the suit is liable to be dismissed. 6. The trial Court decreed the suit of the plaintiff against which the petitioner preferred appeal and the ......1...Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....3. The short fact leading to Criminal Revision No.1127 of 1994 is that on 16.4.93 accusedÂ-petitioner as informant lodged First Information Report with Tungibari Police Station against 33 accused persons alleging that over election of two teachers representatives of a local High School there was a ......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......, of the Code has not provided for any permission, from the concerned Court for holding further investigation or for receiving further police report. The provision is very clear. Before conclusion of trial the Investigating Officer may send further report if new and important evidences are available......CD) (1996) 158. ..Category: Criminal Law | Date: | Hits: 99
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....or the State. Basratul Mowla with Md. Khurshid Alam, Advocates - For the Condemned-petitioner. Death Reference No.12 of 1992. Judgment Quzi Shafiuddin J.- Lokman Miah, the condemned‑prisoner (absconding) stood trial before the learned Additional Sessions Judge, Narayanganj under secti......yun Kabir at about 11-30 to 11-45 PM. At one stage accused Lokman Miah hit Humayun fell on ground. There after he was done to death by beating. Thereafter accused Lokman Miah went out of the Bank and called Jahangir from the nearby open shop and asked him to see if there was still any dacoit or not....... Mowla with Md. Khurshid Alam, Advocates - For the Condemned-petitioner. Death Reference No.12 of 1992. Judgment Quzi Shafiuddin J.- Lokman Miah, the condemned‑prisoner (absconding) stood trial before the learned Additional Sessions Judge, Narayanganj under sections 326/302/307 of the Pe...... Judgment Quzi Shafiuddin J.- Lokman Miah, the condemned‑prisoner (absconding) stood trial before the learned Additional Sessions Judge, Narayanganj under sections 326/302/307 of the Penal Code and he was found guilty under section 302 and also under section 307 of the Penal Code. The learned ..Category: Criminal Law | Date: | Hits: 73
Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)
....eedings of the case on 4.11.89 acted illegally in receiving the case on 1.1.90. 4. Learned Assistant Attorney-General submitted that trial of the case could not be started due to non-appearance of some of the accused persons including the petitioner and, such as, proceedings of the case cannot be...... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146.......ct 1987 and the Divisional Special Judge having stopped the proceedings of the case on 4.11.89 acted illegally in receiving the case on 1.1.90. 4. Learned Assistant Attorney-General submitted that trial of the case could not be started due to non-appearance of some of the accused persons includin...... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Kazi Ebadul Hoque J Md. Hamidul Haaque J Mozibul Huque …………………Petitioner Vs. State and Others……………..Opposite Party Judgment January 15, 1996. Result: The Rule is..Category: Procedural Law | Date: | Hits: 99
Sultan Ahmed alias Sentu Vs. State, 1994, 23 CLC (HCD)
....nt: AKM Sadeque J KM Hasan J Sultan Ahmed alias Sentu................petitioner Vs. State.............Opposite parties Judgment June 16, 1994. Result: The Rule is made absolute. Lawyers Involved: Sk. Atiar Rahman, Advocate - For the petitioner. Md. Shamsul Hud...... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143.......ns Judge, Khulna who by his order dated 18.9.91 rejected the revision and maintained the order of the Chief Metropolitan Magistrate. 5. After the case was sent up by the learned Session Judge for trial, the police submitted supplementary charge-sheet against the petitioner to the Court of the le......de of Criminal Procedure is directed against the order dated 25.7.92 passed by the learned Session Judge, Khulna in Session Case No. 53 of 1992. In respect of taking cognizance against the petitioner and issuance of warrant of arrest against him. 2. The following facts are relevant for the dispo..Category: Criminal Law | Date: | Hits: 92
Syed Nazakat Hossain alias Ujjal Vs. State, 1995, 24 CLC (HCD)
....cquitted were charged under sections 302/109, BPC for murdering one Mahbubul Islam And was placed on trial before the 6th Court of Additional Sessions Judge, Dhaka, and on trial was sentenced to imprisonment for life and to pay fine. 2. At 2‑30 AM following 27.3.91 when said deceased along with......acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ......ni J.- Appellant Syed Nazakat Hossain alias Ujjal along with accused Amin Rasul alias Sagar since acquitted were charged under sections 302/109, BPC for murdering one Mahbubul Islam And was placed on trial before the 6th Court of Additional Sessions Judge, Dhaka, and on trial was sentenced to impris......€¦â€¦Respondent Judgment May 29, 1995. Result: The appeal is allowed. Cases Referred to- 35 DLR 119; 50 CWN 35; 36 BCR (AD) 225. Lawyers Involved: Serajul Huq with Anisul Huq and Toufika Karim, Advocates ‑ For the Appellant. Abdul Latif, Advocate ‑ For the State. C..Category: Criminal Law | Date: | Hits: 88
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
.... the opposite Nos.1, 2 and 6 whose names as plaintiffs 3-5 were struck of from the plaint by an order dated 22.4.82. 2. The present petitioners and the opposite parties 1, 2 and 6 and the pre-decessor of opposite party Nos.3‑5, as plaintiffs have filed Other Suit No.182 of 1975 for declaration ......, the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141.......tiffs 3‑5 illegally struck off from the plaint, for which they have been seriously prejudiced and they having no other alternative remedy open, have filed the application under section 151 CPC. The trial Court after hearing the application under section 151 CPC and hearing the parties passed the i......ported in: 48 DLR (HCD) (1996) 141...Category: Procedural Law | Date: | Hits: 124
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....d. 0.0 ½ acre land which each of them had purchased as aforesaid with their respective land while registering the deed of exchange purportedly on the same daft. Both of the them again reconvened the sod 0.01 acres land to said Habibur Rahman by deed 2528 on the same date. From those facts and circu......d 25.4.88 passed by the Assistant Judge, Serajganj in Miscellaneous Case 62 of 1985 disallowing the pre‑emption under section 96 of the State Acquisition and Tenancy Act (which shall hereinafter be called the Act). 2. Opposite party 2 Alauddin, opposite party 3 Moslemuddin and Abdul Latif (now ......upon and that the pre-emptor is not a co‑sharer in the case holding. 4. Trial Court dismissed the pre-emption petition on the ground that the pre-emption could not prove her co‑sharership. But trial held that the transfer in question is a sale in the name of exchange. On appeal the appellate ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Abu Sayeed Ahammed J Baseruddin Pramanik (Md.)……………………………Petitioner Vs. Golapjan Bewa and others……………………………Opposite Parties Judgment July 1, 1995. Result: ..Category: Property Law | Date: | Hits: 89
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
..... Lawyers Involved: Amir‑ul‑Islam with Zakir Ahmed, Md. Nurul Huda and Shirin A Choudhury‑For the Petitioner (In Writ Petition No. 2195 of 1991). Moudud Ahmed-Petitioner in person (In Writ Petition Nos. 2213 and 2238 of 1991). Aminul Huq, Attorney‑General with AF Hasa...... Parliament thereby adding a liability not contemplated under Article 70 of the Constitution. It is the further submission that there is no immediate standard of secrecy of the Hon'ble members and so called open voting making them vulnerable to all kinds of threat which is a denial to free exercise ......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......Case is also Reported in: 44 DLR (HCD) (1992) 354. ..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....hort, is that he acquired the 'Ka' schedule property including the building thereon from one Bhabani Prasad Saha by way of exchange in the year 1965 and he has been possessing the same by residing in some part of the holding and realising rents from the tenants in other parts; that the defendant‑p......ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......f of the plaintiff and the Exhibits A‑E filed on behalf of the defendant-Âpetitioner. All these exhibits, namely, Exhibits.1‑16 and Ext. C series mainly have been taken into consideration by the trial Court in deciding the question of title of the plaintiff in the suit holding. Exhibit.3 is the...... Judgment Muhammad Ansar Ali J.-This Rule issued at the instance of the defendant petitioner in an application under section 25 of the Small Cause Courts Act is directed against the judgment and decree dated 10.9.80 passed by Mr. Hassan Amin, Subordinate Judge and SCC Judge, Pabna in Small ..Category: Civil Law | Date: | Hits: 140
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
....…………………Petitioners Vs. The Director of Labour and others…………………………Respondents Judgment June 11, 1991. Result: The Rule is made absolute. Cases Referred to- AIR 1986 Madras 3; AIR 1982 (SC) 949 & AIR 1985 (SC) 195 ...... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......by a complaint dated 26.11.88 alleging that the management of the Bank had taken recourse to unfair labour practices and thereby infringed the provisions of section 15(1)(a)(b)(d) and (e) of the Industrial Relations Ordinance, 1969 (hereinafter referred to as "the Ordinance") and prayed for permissi......ported in: 44 DLR (HCD) (1992) 582...Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....mount was inadequate and decided to construct a building of their own on the same land. Later on when the DIT was taking steps for putting the said plots for auction over again, 3 suits were filed by some of the previous bidders against the DIT challenging the re‑auction and obtained an order of i......cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......orded under section 161 CrPC have been annexed as Annexures X to X5 and submits that the submission made on behalf of the petitioner relating to the deep merit of the case are to be determined at the trial of the case to see whether the accused petitioner is guilty or not and at this stage it is pre......tioner Vs. The State .................Respondents Judgment September 24, 1992. Result: The rule is discharged. Cases Referred to- Abdul Kader Chowdhury and others Vs. State, 28 DLR (AD) 38; Abdul Ali and another Vs. State 30 DLR 58; Bangladesh Vs. Ten ..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
.... Banu Bibi and others...............................Petitioners Vs. Nourjan Banu.................................Opposite Party Judgment December 9, 1986. Result: The Rule is made absolute. Cases Referred to- Asia Khatun Vs. Kutu Bewa, 6 DLR page 156; Daibakilal Basak Vs. Iqb......ement and neither party can suffer by being held to an actual" agreement. 9. In the unreported case of Asia Khatun Vs. Kutu Bewa his Lordship of the Single Bench, High Court Division, at Dhaka was called upon to considÂer the distinction between provisions of sections 31 and 39 of the Specific R......m the done and deed in question is valid and bonafide document. 4. On these pleadings both the parties adduced evidence in support of their respective contentions. On consideration of evidence the trial Court held that impugned deed is tainted with fraud and that plaintiff opposite party did not ...... This Case is also Reported in: 41 DLR (HCD) (1989) 519...Category: Property Law | Date: | Hits: 134
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....D (AD) 313 = 2 BLC (AD) 173; AIR 1953 (Bom) 445; AIR 1958 (Rajasthan) 145; Messrs MM Ispahani Vs. Sonali Bank, 37 DLR (AD) 1; Maridas Ramchordas Vs. Mercantile Bank of India Ltd., 47 ILR (Bom); Professor A Rahim Khan Vs. Bangladesh, 7 BLT (AD) 313; Mirzaboo Steels Limited Vs. Government of Banglades...... the filing of the suit to the date of Judgment, the High Court Division held that as the award to interest fell within the discretion of the Court which was duly exercised by it, no interference was called for. The order of interest at the rate of 12% during the pendency of the suit and until reali......l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ......Mohiuddin Specialised Textile………………Defendant-Respondent Judgment August 18, 2009. Result: The appeal is allowed. Cases Referred to- Sonali Bank Vs. Quaderia Publications and Products Limited, 17 BLT (AD) 148; Sonali Bank Vs. Messrs Beg and Beg Jute Incorporated Ltd., 17..Category: Civil Law | Date: | Hits: 141
Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)
....eal No. 774 of 1990. Judgment AM Mahmudur Rahman J.- This is an application under section 561A of the Code of Criminal Procedure. 2. The petitioner was convicted and sentenced to suffer imprisonment for life under sections 302/34 of the Penal Code and for 2 years under section 201 of the Pe......tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338.......tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338.......ported in: 51 DLR (1999) (HCD) 338...Category: Criminal Law | Date: | Hits: 91
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....der, the learned Advocate appearing for the plaintiff-opposite party, submits that, it is not correct that the impugned order is a mute and non-speaking order inasmuch as trial Court has given its reasons in accepting the report. The learned Advocate further submits that the report of the Advocate C......to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ......Magura Mouza, secondly, for relaying how much of 1 decimal of land has been encroached by the defendant-petitioner and to ascertain whether there are four fruit bearing coconut trees in the land. The trial Court appointed an Advocate Commissioner and issued a writ accordingly to relay and ascertain ......, inter alia, in short, is that, the plaintiff-opposite party filed Other Suit No.199 of 1988 subsequently re-numbered as Title Suit No.140 of 1990 in the Court of Senior Assistant Judge, Magura for mandatory and prohibitory permanent injunction in respect of 1 decimal of land mentioned in the sched..Category: Civil Law | Date: | Hits: 122
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
.... Judgment Amirul Kabir Chowdhury J.- This Rule at the instance of the defendant petitioner is directed against judgment and decree dated 27-11-1991 passed by the Subordinate Judge (Artha Rin) Jessore in Title Appeal No. 242 of 1990 affirming those dated 5-8-90 passed by Additional Assistant Jud......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......as taken from him and that the plaintiffs were not entitled to get the property reconveyed nor were entitled to get any decree in the suit and so the suit was liable to be dismissed. 4. During the trial, evidence was adduced by the parties and on consideration of the same, the trial Court decreed......r Vs. Abu Yusuf Mridha………………Opposite Party Judgment November 20, 1997. Result: The Rule is discharged without any order as to costs. Case Referred to- Asadunnessa and others Vs. Kamruzzaman and others, 26 DLR 363. Lawyers Involved: Rafiqul Hossain on behal..Category: Procedural Law | Date: | Hits: 129
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