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Cyma Zarrar Vs. Arab Bangladesh Bank Limited and others, 2010, 39 CLC (HCD)
....ort, is that the petitioner filed Miscellaneous Case No.42 of 2002 under Order XXI, rule 58 read with section 151 of the Code of Civil Procedure (shortly the Code) praying for release of the schedule property from Title Execution Case No.75 of 2000 filed by opposite party No.1. The further case of t...... Division (Civil Revisional Jurisdiction) Present: Quamrul Islam Siddiqui J ABM Hassan J Cyma Zarrar……………………………Petitioners Vs. Arab Bangladesh Bank Limited and others……………………………Opposite parties Judgment August 2, 2010. Result......ated time. The plaintiff bank on various occasions sent several reminders requesting defendant No.1 to adjust the outstanding liabilities but he failed to do so. Thereafter, the plaintiff bank served legal notice upon defendant No.1 company requesting the company to adjust the outstanding dues wit..Category: Procedural Law | Date: | Hits: 121
Golam Nasir Vs. Abdul Aziz, 1986, 15 CLC (HCD)
....eto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything herein before contained, acquit the accused, unless for some reason he thinks proper to adjourn the hearing of the case to some other day: Provided that, where the complainan......an, Advocate -For the Appellant. Fakrul Islam, Assistant Attorney General - For the State. Criminal Appeal No. 54 of 1982. Judgment AM Mahmadur Rahman J. - This appeal under sections 417 and 418 of the Code of Criminal Procedure is directed against the older of acquittal dated 07.10.198......dent Nos.1-8 under section 247 of the Criminal Procedure Code. 4. Mr. Md. Abdus Sobhan, the learned Advocate appearing on behalf of the appellant contends that the learned Magistrate committed illegality in passing the order of acquittal in that the said order can only be passed after issuance ..Category: Criminal Law | Date: | Hits: 123
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....mpany and another, 30 DLR (SC) 130. He has also referred to Rules 2 & 3 of Article III of the Hague Rules which are as follows: "2. Subject to the provisions of Article IV, the carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods carried''. ......1, 1985. Result: The appeal is dismissed. Cases Referred to- Adam Ltd. Vs. East & West Steamship Company, PLD 1962 Karachi 715; East & West Steam Ship Company Vs. Hossain Brothers and others, 19 DLR (SC) 530; The Karachi Steam Navigation Co. Ltd. Vs. Messrs Abdul Rahman Abdul Gan......smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93...Category: Business or Commercial Law | Date: | Hits: 463
Mati Miah and Shamsu Miah Vs. State, 1990, 19 CLC (HCD)
....e No.221 of 1980 are hereby set aside. Both the appellants Shamsu Mia and Mati Mia are discharged from their respective bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 554.......sdiction) Present: Syed Fazle Ahmed J Mati Miah…………………….Appellant Vs. State…………………….Respondent [In Criminal Appeal No. 365 of 1986] and Shamsu Miah ......................Appellant Vs. State……….…………......court. 9. None appeared on behalf of the State. 10. Mr. M. Bazlur Rahman Talukder, the, learned Advocate appearing for the appellants, submits that order of conviction is not based on any legal testimony and as such it is not sustainable, it is further submitted that material witnesses h..Category: Criminal Law | Date: | Hits: 125
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
.... 4. After a lapse of about 4‑1/2 months the said plaintiffs filed another suit being Title Suit No.183 of 1986 in the 4th Court of Munsif, now Assistant Judge, Dhaka in respect of the self‑same property. This time an injunctive relief was sought for against the same set of defendants on the av......eported in: 44 DLR (HCD) (1992) 552.......t. The plaintiff took an appeal being FA No.19 of 1978 therefrom to this Court. During the pendency of the appeal he died and the opposite parties got themselves substituted in his place as heirs and legal representatives. They prosecuted the appeal. A Division Bench of this Court upheld the decisio..Category: Procedural Law | Date: | Hits: 130
Deputy Commissioner (Revenue), Sylhet Vs. Sudhir Chandra, 1991, 20 CLC (HCD)
.... Bikram Kishore Manikya Bahadur some 65 years back. It was alleged in the plaint that People’s Republic of Bangladesh represented by the Additional Deputy Commissioner (Rev) Sylhet had declared the property as vested and non‑resident property and the plaintiff had filed an application before the......urt High Court Division (Civil Revislonal Jurisdiction) Present: AKM Sadeque J Deputy Commissioner (Revenue), Sylhet.................Petitioner. Vs. Sudhir Chandra.................Opposite Party Judgment January 10, 1991. Result: The ......ubordinate Judge the Government obtained Rule in pursuance of a revisisional application before this Court, being Civil Revision No.3 of 1988. 4. On consideration of evidence on record and also legal propositions this Court discharged the Rule and maintained the Judgment and decree passed by t..Category: Property Law | Date: | Hits: 157
....assed, has had an opportunity of obeying the decree and has wilfully failed to obey it, the decree may be enforced (in the case of a decree for restitution of conjugal rights by the attachment of his property or, in the case of a decree for the specific performance of a contract or for an injunction......s Case is also Reported in: 44 DLR (HCD) (1992) 545.......ge, Naria Upazila, on 29.3.87 against the defendant opposite parties for a decimation do the order of the Naria Upazila Nirbahi Officer treating the suit land as a part of Chandipur hat or bazar is illegal, void and without jurisdiction and there is no hat or bazar on the suit land and for permanent..
Category: Property Law | Date: | Hits: 123
Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)
....stated above he could not perform his functions and duties for the welfare of the Naithong Mouza and as a result the people suffered to a great deal. It is contended that the petitioner failed to pay proper and effective attention to the interest of the people of Naithong Mouza and because he could ......iginal Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Shewe Hla Prue TK………………Petitioner Vs. Commissioner, Chittagong Division, Chittagong and others………………Respondents Judgment May 4, 1992. Result: The ......v. 111‑12/85‑779(7) dated 19.12.85 issued by the Deputy Commissioner, Bandarban, respondent No.2 (Annexure‑E) should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The case of the petitioner is as follows: He was appointed as Assistant..Category: Others | Date: | Hits: 171
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....ndant Nos.43 and 44 filed one joint written statement while defendant Nos.45‑48 filed another. Defendant Nos.48A to 50 filed another set of written statements claiming some land out of the disputed property but by a joint petition dated 2‑10‑61 defendant Nos.31‑37 and 43‑51 came to a compr......Court Division (Civil Appellate Jurisdiction) Present: Mohammad Ismailuddin Sarker J Badrul Islam Chowdhury J Padmabati Biswas………………………Appellant Vs. Banglasdesh and others ………………………Respondents Judgment June 28, 1992. Result: The ap......gradual recession of the river there had been accretion to her land to the extent of about 60 bighas which she had been possessing through her bargadars for more than 12 years and the Collector has illegally attached that land; that she had filed Title Suit No.39 of 1957 in tile Court of Subordinate..Category: Property Law | Date: | Hits: 118
Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)
.... - For the Respondent. Second Appeal No.163 of 1979. Judgment Nurul Huque Bhuiyan J. - This appeal arises out of a suit for establishment of title in respect of one 3rd share of the suit property and for petition of the suit property for getting possession in one 3rd share thereof and......High Court Division (Comilla Bench) (Second Appellate Jurisdiction) Present: Nurul Huque Bhuiyan J Jagendra Lal Poddar.....................................Appellant Vs. Naresh Chandra Poddar and others.................Respondent Judgment April 4, 1985. Result: The ......pport of his contention he has relied upon the cases of Appalaswami Vs. Suryanarayanamuri and others, AIR 1947 (PC) 189; Mudigowda Gowdappa Sankh and others Vs. Ramchandm Rebgowda Sankh (dead) by his legal representatives and another, AIR 1969 (SC) 1076 and Perumal Vs. Central Government of Pakistan..Category: Property Law | Date: | Hits: 111
Mrs. Nafiza Mariam Vs. State, 1985, 14 CLC (HCD)
....zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ......y the Government of Bangladesh. 2. Mr. Muhammad Korban Ali, learned Advocate appearing for the petitioner has taken us through the application under section 491 CrPC, the affidavit-in-opposition and the supplementary affidavit filed on behalf of the Government and the affidavit-in-reply filed o......In this case, the Magistrate gave orders detaining the accused for a further period of 10 days after expiry of 15 days and sending him to police remand and the order of the learned Magistrate was illegal. The learned Advocate submits that the detention order issued by the Additional District Mag..Category: Criminal Law | Date: | Hits: 116
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....uthority is a statutory body and that the promotion of employees are made according to the Rules and the Traffic Inspectors are promoted from amongst the senior staffs of different categories through proper selection in consideration of the requisite eligibility and qualification. The respondents ......s Referred to- Bangladesh Fishermen’s Cooperative Society Ltd. Vs. The Chairman, Labour Court, Chittagong, 27 DLR (1975) 367; Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another, 29 DLR (1977) 148; Manager, Sonali Jute Mills Ltd. Vs. Secretary, Sonali Jute Mills Wor...... I.R.O. case no industrial dispute being present the Labour Court could not be deemed to be a Civil Court or to have any power of Civil Court for ordering temporary injunction. The said order was illegal and without jurisdiction and was liable to be quashed. 5. At the hearing before us none a..Category: Labour and Industrial Law | Date: | Hits: 204
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... directed to produce a list of 3 millions martyrs who made the highest sacrifice in the War of Liberation in 1971 and/or such other or further order or orders passed as to this Court may seem fit and proper. The Rule is made returnable within 4(four) weeks from date. Order of the Court Sinc......s Case is also Reported in: 63 DLR (HCD) (2011) 491.......nt No.4, on 9th April, 1974 releasing 195 Prisoners of War (POWs), identified as perpetrators of crimes against humanity, shall not be declared to have been made without lawful authority and is of no legal effect and also with a further prayers as to why the respondents shall not be directed to prod..Category: Constitutional Law | Date: | Hits: 314
Babu Khan Vs. State, 2003, 32 CLC (HCD)
....ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547.......General—For the State. Criminal Appeal No.2388 of 1997. Judgment Amirul Kabir Chowdhury J.-At the instance of the accused appellant Babu Khan this appeal has been directed against judgment and order dated 28-1‑1986 passed by the learned Sessions Judge, Rajbari in Sessions Case No.75 o......en defended by a lawyer at the cost of the State under Chapter XII of the Legal Remembrance Manual and there being no such appointment of any lawyer the trial from the beginning has been absolutely illegal and hence the impugned judgment and order cannot sustain in the eye of law. He further submits..Category: Criminal Law | Date: | Hits: 123
.... could be resolved by inter-ministerial consultation and could not be the subject of a judicial proceedings in a Court of law. It was contended that a suit on behalf of the Government in respect of a property belonging to the Government could only be filed by the Deputy Commissioner of the District.......nt:
AKM Shafiuddin J
Principal, Barguna Darul Ulum Nesaria Alia Madrasha……………………….Petitioner
Vs.
Secretary, Ministry of Health, represented by the Civil Surgeon Barguna and others……………………………………………………Opposite Parties
Judgment
...... sought a declaration that the registered deed of settlement dated 26‑12‑96, whereby the Government settled the suit land, with the petitioner's Madrasha, Darul Ulum Nesaria Senior Madrasha, is illegal, void and without jurisdiction.
4. The learned Senior Assistant Judge, Barguna by the impug..
Category: Procedural Law | Date: | Hits: 146
Mohiuddin Ahmed and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....51 of the Code of Civil Procedure. The defendant's case, in short, is that the father of the defendant Nos.7-9 Anil Ranjan Shyam filed Title Suit No.68 of 1984 praying for declaration that the suit property was not enemy property and the Enemy Case No.58 of 1966-67 was illegal that the said suit w......ase is also Reported in: 63 DLR (HCD) (2011) 504....... the father of the defendant Nos.7-9 Anil Ranjan Shyam filed Title Suit No.68 of 1984 praying for declaration that the suit property was not enemy property and the Enemy Case No.58 of 1966-67 was illegal that the said suit was decreed and thereupon, the Government filed Title Appeal No.60 of 1989 ..Category: Property Law | Date: | Hits: 121
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....he assent of the landlords, impliedly not expressly", to such continuance of possession. As such the tenant after 31-12-1996 continued the tenancy by "holding over". Once the tenant posses the suit property by holding over the terms and condition of the agreement automatically comes into operati......gh Court Division (Civil Appellate Jurisdiction) Present: Mirza Hussain Haider J Abu Zafor Siddique J GSH Jamal………………………Defendant-Appellant Vs. Surraiya Jabeen and others……………………Plaintiff-Respondents Judgment June 10, 2010. Result: ......registered post with A/D upon the defendant tenant which has been duly received by the defendant tenant on 6-8-2003. But the defendant tenant did not comply with the requests/directions made in the legal notice. As such the plaintiff landlord filed the present suit on 6-9-2003 for ejectment of the..Category: Tenancy Law | Date: | Hits: 190
Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)
....ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ...... (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J The Director General, Bangladesh Railway and others……….Petitioners Vs. Niaz Mohammad Ali and others.................................... promotion from Lower Division Assistant (LDA)-Cum-Typist with 5 years experience and Guardship examination. The writ petitioners claimed that such a provision for promotion of L.D.A.-cum-Typist is illegal and illogical since they have no experience in this type of work and also since the right of t..Category: Employment/Service Law | Date: | Hits: 222
....No.143 of 2001 decreeing the suit against the defendant No.7 and 8 on contest and ex parte against the rest and declaring that the plaintiff respondent Nos. 1-17 are entitled to get lease of the plot/property in their favour with the valuation presently Taka 6 Lakh per bigha.
2. Facts relevant fo......
Present:
Shahidul Islam J
Md. Rais Uddin J
Administrative Officer, Housing Settlement, Chittagong & others……………….Defendant-Appellants
Vs.
Abdur Rashid Chowdhury and others................Respondents
Judgment
May 10, 2011.
Result:
The appeal is allow......o.81. Mr. Md. Helal uddin Mollah, the learned Advocate for the respondent Nos. 19-62.
9. Mr. AKM Badrudduza, the learned Advocate for the defendant appellant submitted that the plaintiffs got no legal status to file the suit and, as such, the suit was not maintainable. Secondly, he submitted th..
Category: Property Law | Date: | Hits: 118
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....charge against the accused-petitioner under section 138 of the Negotiable Instruments Act should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Relevant facts for disposal of the Rule are that the opposite party No.2 as complainan...... Court High Court Division (Criminal Revisional Jurisdiction) Present: Quamrul Islam Siddiqui J JBM Hassan J Shahidul Islam…………………………Petitioner Vs. State and another…………………………Opposite parties Judgment March 16, 2011. Result: ......dishonoured due to insufficient fund in the account and that on repeated demands of the cheque amount, the accused-petitioner failed to make any positive response. The complainant on 12-6-2006 sent a legal notice under registered post and the accused though received the said notice on 24-6-2006 but ..Category: Procedural Law | Date: | Hits: 114
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