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Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....vision under section 561A of the Code of Criminal Procedure is for quashment of the proceeding of Special Case No.1 of 1992 of the Court of Special Judge, Dhaka arising out of Motijheel PS case No.32 dated 9.5.91 under sections 409/109 of Penal Code read with section 5(2) of Pension of Corruption Ac......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......istant Attorney-General ‑ For the State. Criminal Revision No.365 of 1992. Judgment A M Mahmudur Rahman J.- This Criminal Revision under section 561A of the Code of Criminal Procedure is for quashment of the proceeding of Special Case No.1 of 1992 of the Court of Special Judge, Dhaka ar..Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....ng complainant instituted the aforesaid complaint case in the court of the Upazila Magistrate, Paikgacha, on the allegations that he took lease of the case, land from one Amodini Dashi by an amalnama dated 7th Chaitra, 1356 BS and has been possessing the same by paying rents upto date. One Pancharam......e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533....... Criminal Revision No. 3668 of 1991. Judgment Mahfuzur Rahman J.- This rule was issued at the instance of the accused‑petitioners under section 561A of the Code of Criminal Procedure for quashing the proceeding of Cr Case No.270 of 1991 pending in the Court of the Upazila Magistrate..Category: Criminal Law | Date: | Hits: 142
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....he following circumstances- This Rule in Criminal Revision No.4 of 1984 was obtained by the petitioner under section 561A of the Code of Criminal Procedure on 3.1.84 against the judgment and order dated 27.11.83 passed by Mr. Shah Jamshedur Rahman, Assistant Sessions Judge, Noakhali rejecting the......t Division even if the sentence passed is imprisonment for a term of five years or less. 13. A Division Bench of the Comilla Bench (A.T.M. Afzal J & Sultan Hossain Khan J) had an occasion to notice both the decisions reported in 35 DLR 362 and 36 DLR 93 in the case of Monir Hussain & an......e brought in section 29C of the Code of Criminal Procedure and the introduction of section 31(4) of the Code of Criminal Procedure or whether he shall be deemed to be an Additional Sessions Judge for all purposes under the Code of Criminal Procedure, namely, for hearing appeals, revisions, refer..Category: Criminal Law | Date: | Hits: 158
Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)
....Islam with Kazi Ebadul Hoque, Advocates - For the Respondents. Civil Revision No. 1142 of 1987. Judgment Mustafa Kamal J.- This first miscellaneous appeal is directed against Order No.46 dated 24.11.85 passed by Mr. Ismail Mia, Subordinate Judge, Pabna in O.C. Execution Case No.8 of 197......here is a mandatory provision in sub-rule (2) of rule 34 of Order 21 of the Code of Civil Procedure that the Court shall cause the draft document to be served on the judgment-debtor together with a notice requiring the objections, if any, to be made within a stated time. The judgment-debtor-appell...... is directed against Order No.46 dated 24.11.85 passed by Mr. Ismail Mia, Subordinate Judge, Pabna in O.C. Execution Case No.8 of 1977 arising out of O.C. Suit No.73 of 1976. 2. The facts relevant for the disposal of this appeal are as follows. The respondents instituted the aforesaid O.C. Suit N..Category: Property Law | Date: | Hits: 140
Kohinoor Chemical Company Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)
....he plaintiffs. After taking several adjournments the plaintiffs, however, on 15.1.1989 delivered the interrogatories. The Court directed the defendant to answer by 2.2.1989, But the defendant on that date filed an application under section 151 of the Code of Civil Procedure for rejection of the in......been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ......ng a joint written statement denying all the material allegations made in the plaint. Thereafter the learned Subordinate Judge by his order 26.7.1987 framed the issues and September 8, 1987 was fixed for delivering the interrogatories by the plaintiffs. After taking several adjournments the plaint..Category: Procedural Law | Date: | Hits: 133
Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)
....r the State. Criminal Revision No. 52 of 1987. Judgment Md. Abdul Jalil J.- This Rule was issued on an application filed under section 561A of the Code of Criminal Procedure against an order dated 27.5.78 taking cognizance of an offence under secs. 395 and 397 of the Penal Code by the Speci......ing others, by a Judgement and order dated 26.4.83. 3. The petitioner was tried, in absentia, and it is stated in the petition that the trial was beyond his knowledge and at no stage of the case notice, summons or warrant was served upon him nor return received in Court. He came to know abo......7.11.76 with the Nalchity Police Station against the present petitioner and others alleging that on 27.11.76 the petitioner and others took away one-band radio, gold ring, soap, powder etc. and the informant recognised the petitioner as one of the dacoits. Police after investigation submitted char..Category: Criminal Law | Date: | Hits: 120
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
.... This Rule was issued upon an application under section 115 of the Code of Civil Procedure by the petitioner who was elected Chairman of the Nalchity Upazila Parishad against the judgment and order dated 24.2.87 passed by the learned District Judge, Jhalakati in election Appeal Nos.2 of 1986 and 3......zila Parishad void as a whole on the allegations of corrupt and illegal practices adopted by the petitioner in the election. The petitioner appeared before the Election Tribunal on receipt of the notice and submitted a written objection on 21.11.85 denying the allegations made in the election ......difying the judgment and order dated 19.8.86 passed by the Election Tribunal and Subordinate Judge, Jhalakati in Election Case No.2 of 1985. 2. The petitioner and opposite party No.4 contested for the post of Chairman of the Nalchity Upazila Parishad in the election held on 20.5.85 and in t..Category: Election Law | Date: | Hits: 252
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....hey arise out of the same transaction and involve common questions of fact and law. 2. In Writ Petition No.425 of 1985 the petitioner obtained the Rule Nisi challenging two Memos, namely, a Memo dated 24.4.85 (Annexure M) and a Memo dated 26.10.85 (Annexure N 1) both issued by the respondent ......he Ministry of Land Administration and Land Reforms which was admitted by the Secretary, Ministry of Land Administration and Land Reforms, respondent No.1, on 13.11.84 and records were called for. No notice however was served on the petitioners. In the light of orders of the Board of Land Administra...... J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by Secretary, Ministry of Land Administration and Land Reforms and others..................................Respondents (In Writ Petition No. 425 of 1985). ..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
.... the Appellate Division. 9. The present Rules Nisi were issued on the averments, inter alia, that 8 years after the Rules were made absolute the Dhaka Municipal Corporation again served a notice dated 4.11.85 which is a common notice upon all the petitioners, in the following pro-forma, as fo...... the first installment. Then they set up their own shops in the allotted premises and continued to occupy and possess the same as allottees under the Municipality, when they were served with common notices in September, 1977 as follows:- “দেখা যাচ্ছে আপনি ঢা...............Respondents (Writ Petition No.533 of 1985) Judgment April 13, 1989. Result: All the Rules Nisi are made absolute. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam for Abdus Sobhan, Advocate - For the Petitioners (In all the Writ Petitions). M. Nurullah, Attorn..Category: Property Law | Date: | Hits: 145
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....ged offence and they have been falsely implicated in the case. 6. The learned Additional Sessions Judge after examination of the P.Ws. and considering evidence on record, by his judgment and order dated 16.2.82 convicted the appellant No.1 Abdul Khalek and appellant No.2 Mohubullah under sectio......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......2 of 1984. Judgment Habibur Rahman Khan J.- The appellants Abdul Khalek and Mohubullah @ Mohibullah have been convicted under sections 302/34 of the Penal Code and sentenced to transportation for life and the appellant Sabjan Bibi has been convicted under section 201 of the Penal Code and ..Category: Criminal Law | Date: | Hits: 101
.... Nanda Das subsequently transferred the Suit property to one Ram Chandra Paul by an amalnama in the year 1953 BS (1947 AD). The SA record was prepared in the name of Ram Chandra Paul. By an agreement dated 5.5.69 this Ram Chandra Paul sold his property to the present plaintiff and delivered possessi......correction of record of rights. RS record stood in the name of the plaintiff. The plaintiff also paid the municipal taxes and rents to the Government. He could not say where Ram Chandra Paul died. No notice was served upon the plaintiff in the VP Case. He failed to produce any papers to show that an......o.26 of 1986.
Judgment
Mozammel Hoque J.- This First Appeal is directed against the Judgment and decree passed by the learned Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 553 of 1981 (formerly Title Suit No.888 of 1979) decreeing the suit in favour of the plaintiff.
2. Respondent ..
Category: Property Law | Date: | Hits: 134
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
....t of the observation made in Sir Hari Sankar Pal and another referred to above in this Judgment. Therefore, I have no other alternative but to review the order and re‑call the aforesaid Civil Order dated 2.8.1993, passed by SF Ahmed, J. 10. A question may arise that review lies to a Judge who p......n appeal was taken to the Federal Court of India. In making the aforesaid observation Justice Mukherjee, speaking for the Bench, observed that when there is an omission on the part of a Court to take notice of a provision of law an application for review under Or. 47 r.1 CPC is competent. In this ca......t AM Mahmudur Rahman J.- By this Civil Rule the petitioner seeks review of the Civil order No.2160 of 1993 passed on 2.8.1993 by Syed Fazle Ahmed, J. 2. The plaintiff‑opposite party in a suit for specific performance of contract got a decree on 31.7.1977. Against that decree the defendant-pe..Category: Civil Law | Date: | Hits: 157
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....Mr. Serajul Huq, Assistant Attorney‑General appeared for the petitioners. Thereafter, on the prayer of the learned Advocates hearing of the Rule from time to time was adjourned and on all adjourned dates all the contemners were present in Court. On June 25, 1995 the learned Advocates for the conte......7. The writer also wrote with reference to a contempt proceeding regarding the Judges of this Division imputing inability and lack of courage. He writes: "The High Court Division served show cause notice upon the then Information Ministerand later in pursuance to the doctrine one step forward two......uzur Rahman J Judges of the High Court Division............Petitioners Vs. Ashok Kumar Karmaker and others..............Respondents Judgment June 29, 1995. Result: The proceeding for contempt is dropped against Contemners. Cases Referred to- Quintin Hogg Case, (1958) 2 WLR..Category: Criminal Law | Date: | Hits: 149
Shahidullah Kazi, Amjad Hossain Vs. State, Abul Kasem, 1995, 24 CLC (HCD)
....Mulak Aparad Daman Ain 1992. Thereafter on 20.4.90 Sessions Judge Gazipur as, Santrash Mulak Aparad Daman Tribunal registered the same as Tribunal Case No.5 of 1993. 4. It appears from last order dated 23.6.93 that the tribunal framed charge against the accused persons under sections 326/307/394......26/307/394 of the Penal Code and section 2(3) (খ)(ছ) of the Santrash Mulak Daman Ain 1992. Thereafter the petitioners moved this Court and obtained this rule on 25.7.93 5. It has already been notice that charge-sheet was not submitted within 30 days of lodging of the FIR as required under se...... Abdus Salam Mamun, Assistant Attorney-General - For the State. Criminal Revision No.1106 of 1993. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioners is for quashing the proceedings of Santrash Daman Tribunal Case No.5 of 1993 pending in the Court of Sa..Category: Criminal Law | Date: | Hits: 97
Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)
.... For the Petitioner. SR Karmaker, Advocate ‑ For the Opposite Party. Civil Revision No. 670 of 1985. Judgment Abu Sayeed Ahammed J.- This Rule was issued against the Judgment and order dated 28.7.86 passed by the Subordinate Judge, Munshigonj dismissing the Misc. Appeal.382 of 1983 af......tutory period of limitation on the ground that they are co‑sharers in the case holding. The case land was transferred by the opposite party 3 to stranger opposite party 1 on 13.7.79 without serving notice to the petitioners under section 89 of the Act. As opposite party the present petitioner cont......allowing the pre‑emption Misc. Case 36 of 1980 under section 96 of the State Acquisition and Tenancy Act (which shall hereinafter be called the Act.) 2. Opposite parties 1 and 2 brought the case for pre‑emption within the statutory period of limitation on the ground that they are co‑sharers..Category: Property Law | Date: | Hits: 106
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
....arties. Civil Revision No.3571 of 1993. Judgment Abu Sayeed Ahammed J.- This Rule was obtained by the defendant in SCC Suit No.21 of 1984 (renumbered as SCC Suit No.21 of 1993) against order dated 28.8.93 passed by the 1st Assistant Judge, Dhaka, rejecting the application of the defendant......iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ...... of 1993) against order dated 28.8.93 passed by the 1st Assistant Judge, Dhaka, rejecting the application of the defendant‑petitioner to transfer the suit. 2. The opposite parties filed the suit for ejectment of the defendant‑petitioner who is a monthly tenant on the ground of bonafide requir..Category: Procedural Law | Date: | Hits: 125
.... of law and about 23 employees including present petitioners were terminated by the Chairman (Rector) of Bangladesh Public Administration Training Centre, Savar, Dhaka vide same letter of termination dated 17-8-97.
2. Rule was separately issued in each of above 16 writ petitions under Article 102......f Justice Notice were filed in each Writ Petition as Annexure A, B and C. With the issuance of Rule the impugned order was stayed by the Court in each of above Writ petitions.
20. After service of notices respondent Nos. 2 and 3 entered appearance in each of those writ petitions and filed separat......a Supervisor on 26-1-1988. He joined on same date. He was made permanent on 10-3-1996. Suddenly he was terminated vide order dated 17-8-1997.
19. Almost all of the above petitioners filed petition for appeal to the authority but got no positive result. Hence above 16 writ petitions were filed and..
Category: Employment/Service Law | Date: | Hits: 160
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
....Assistant Attorney-General - For the State. Death Reference No.13 of 1994. Judgment Abu Sayeed Ahammed J.- This Death Reference No.13 of 1994 has been made by the impugned judgment and order dated 10-7-94 passed by the Sessions Judge, Kishoreganj in Sessions Case 93 of 1993 awarding sentenc...... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373.......-92. Co-accused is Saleha Begum who is wife of the condemned prisoner. The deceased was Mahbubur Rahman who was a young man of 20 years of age. The condemned prisoner is also a young man. The First Information Report was lodged on the same date by P.W.1, Md. Matiur Rahman, the father of the deceased..Category: Criminal Law | Date: | Hits: 130
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
.... to show cause as to why the proceedings of Special Case No.40 of 1992 pending in the Court of Divisional Special Judge, Khulna arising out of DAB GR No.3 of 1999 corresponding to Mirpur PS Case No.9 dated 29-7-92 should not be quashed. 2. It appears that the above case was started on the basis o......92, the amended provision of that sub section (5) shall not be applicable in the present case but the earlier provision shall be applicable. We regret that we cannot accept this view. We have earlier noticed that there is no special and separate provision for holding investigation of a case under Cr......ial Judge, Khulna arising out of DAB GR No.3 of 1999 corresponding to Mirpur PS Case No.9 dated 29-7-92 should not be quashed. 2. It appears that the above case was started on the basis of First Information Report lodged by District Anti-Corruption Officer, Kushtia. The allegation is that, accuse..Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....irst Appeal No.277 of 1994 with First Appeal No.129 of 1995. Judgment Md. Abdul Aziz J.- First Appeal No.277 of 1994 has been filed by the sole defendant against the judgment and decree dated 31-7-94 and 8-3-94 respectively passed by the learned Subordinate Judge, First Court, in Money......f submitted a claim of the aforesaid amount to the defendant under DOS policy. The defendant by his letter dated 26-2-89 to the plaintiff repudiated the claim. The plaintiff thereafter served a legal notice upon the defendant on 14-5-89 and ultimately filed the suit on 2-10-89. 5. The defendant I......y the sole defendant against the judgment and decree dated 31-7-94 and 8-3-94 respectively passed by the learned Subordinate Judge, First Court, in Money Suit No.24 of 1989 decreeing the suit in full for an amount of Taka 47,13,905.70 only. 2. First Appeal No.129 of 1995 has been filed by the sam..Category: Business or Commercial Law | Date: | Hits: 522
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