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Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
....as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......ে কাস্টম হাউস, চট্রগ্রামে পেশ করার জন্য অনুরোধ করা যাইতেছে।” So, it is seen that petitioner was called upon by the notice dated 12-3-94 (Annexure-D to the petition) to file, objection, if he had a......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......t High Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Iftikhar Rasool J Delicia Dairy Food Ltd……..........Petitioner Vs. Collector of Customs and others ………………….Respondent Judgment June 25, 1998. Result: The Rule is ..Category: Fiscal/Taxation Law | Date: | Hits: 189
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
.... Property..........................Petitioner Vs. Jugal Chandra Shaha & others............................Opposite Parties Judgment November 30, 1988. Result: The Rule is made absolute without any order as to costs. Lawyers Involved: A.K.M. Zahirul Huq, with Fakhrul Islam......tioner by filing a written statement denying the claim of the plaintiff. 3. The suit was fixed for peremptory hearing on 18.6.84 when the original plaintiff, failed to appear when the suit was called on for hearing and the learned Munsif dismissed the suit for default by his order dated 18.6.......First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......vision (Barisal Bench) (Civil Revisional Jurisdiction) Present: Muhammad Ismailuddin Sarker J Assistant Custodian, Vested Property..........................Petitioner Vs. Jugal Chandra Shaha & others............................Opposite Parties Judgment November 30, 198..Category: Limitation Law | Date: | Hits: 275
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....urja Bala Devi…………………………….Petitioner Vs. Habibullah Sheikh……………………………Opposite Party Judgment January 11, 1989. Result: The Rule is made absolute without any order as to costs. Cases Referred to- 29 DLR 301; 9 DLR 89; 5 DLR 451; 8 D......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......s that this Luthfur Rahman was the auction purchaser and it has been alleged in the plaint that this man was the caretaker of this land sold in auction, on behalf the petitioner Sarajubala. 4. The trial Court dismissed the application holding, inter alia, that the application suffered from defect......dus Miah, Advocate - For the Opposite Parties. Civil Revision No. 200 of 1984. Judgment MS Ali J.- This Rule under section 115 of the Code of Civil Procedure calls in question the judgment and order dated 31.5.84 passed by the Subordinate Judge, Lakshmipur in Misc. Appeal No.242 of 1980 d..Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....d is born with expectation of life and with constitutional guaranteed right of basic requirements for living. Death is inevitable but premature death in whatever form is not expected and cannot be consoled. Accidental death also a premature death Government is answerable to all such premature death ......f Tort, as such, Article 120 of the Limitation Act i.e. where there is no prescribed limitation, action can be brought within six years from the date of occurrence is applicable. Similar question was called to answer by the Appellate Division in the case of Jamila Khatun Vs. Rustom Ali, 48 DLR (AD) ......pecuniary loss from non-pecuniary loss. Another classification is between special damages and general damages. Special damages can be defined as pecuniary loss actually suffered up to the date of the trial e.g. loss of earnings, and general damages are then the other heads of loss e.g. pain and suff...... High Court Division (Civil Appellate Jurisdicion) Present: Sharifuddin Chaklader J Md. Nuruzzaman J Bangladesh Beverage Industries Ltd.…………Appellant Vs. Rowshan Akhter and others…………..Respondents Judgment May 11, 2010. Result: The appeal is allowed..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
.... Dr. Md. Asadullah and another…………………Petitioners Vs. Sonali Bank Ltd. & others………………Opposite-Parties Judgment May 11, 2010. Result: The rule is made absolute and the Civil Rule No.427 (R)/2006 is made absolute. Cases Referred to- Abdul Jalil Vs.......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......t of acknowledgement due accompanied with the filing of execution case to prove that Judgment debtors were notified person. Learned Advocate submits that petitioners challenge the order passed by the trial Court rejecting the application filed under Order XXI Rule 90 of the Code of Civil Procedure i...... is also Reported in: 62 DLR (HCD) (2010) 474. ..Category: Civil Law | Date: | Hits: 156
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
.... in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ...... bail in Bail Case No.37 of 1988 stating, inter alia, that she was suffering from various fatal diseases inside the jail which require her to be treated outside the jail. The learned Sessions Judge called for a report about her health from the jail authority, but the jail authority could not furni......elieve that the petitioner is involved in the commission of the alleged crime of murder of her husband. (2) That the petitioner is a woman who has been ailing in jail for about 9 months without trial and that she has 3 minor children—two of whom are daughters and one is a son—who are all......20B/34 of the Penal Code pending in the Court of the learned Sessions Judge, Khulna. 2. The short facts leading to the case are as follows:- That one Khojeda Begum, wife of late Azizur Rahman and mother of the victim lodged, a First Information Report with the Daulatpur Police Station at a..Category: Criminal Law | Date: | Hits: 105
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
..................Petitioners Vs. The U.N.O., Biswanath, District Sylhet & Others...........................Opposite Parties Judgment February 11, 1988. Result: The Rule is made absolute. Cases Referred to- Mst. Jahanara Begum Vs. A.L. Md. Shamsul Huq, 27 DLR (AD) 1; Sa......exercise his discretion to implead the opposite party Nos.5-7 as defendants, even if the impugned order is not proper, interference with such order by this Court in its revisional jurisdiction is not called for. But one may notice that in the cited decision itself it has been stated that the discret......and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......hamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Management Board, 31 DLR page 107; Md. Ayub Vs. Bangladesh represented by the Secretary, Ministry of Works and other, 39 DLR (AD) 111; AIR 1960 (J & K) 67; Banarash Das Durga Prashad Vs. Panna Lal Ram Ri..Category: Procedural Law | Date: | Hits: 193
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
....M Mahmudur Rahman J Gura Miah and others…….………Petitioner Vs. Fazar Ali and others………………Opposite Party Judgment February 3, 1988. Result: The Rule is made absolute. Cases Referred to- Syed Zaman Khandakar and others Vs. Zubeda Khatun and others, 25 DL......t would follow that where there is no danger at any point of lime of any further breach of public peace then manifestly the invocation of the summary procedure provided in this section is no longer called for and the proceeding should be put an end to." His Lordship while making the aforesaid o......me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......is Case is also Reported in: 42 DLR (HD) (1990) 70...Category: Criminal Law | Date: | Hits: 126
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....e land being in urgent need of the opposite party No.2 a fresh land acquisition proceeding was started and the Government took steps for acquiring the land. Thereafter the petitioner being the eldest son of late Basharatullah accepted the compensation and filed an application under section 28 of the......t the District Judge of a District is a Member, Appellate Tribunal for (c) hearing of the appeal from the decision passed by the Arbitrator appointed under section 27 of the Ordinance. Thus, we are called upon to see whether the function which the Member, Appellate Tribunal discharges in decidin......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ......vil Revisional Jurisdiction) Present: Latifur Rahman J Nurul Huque Bhuiyan J Khaled Akbar…………………………………………..Appellant Vs. The Government of Bangladesh and others..................Opposite Party Judgment April 9, 1989. Result: The Rules are..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....es not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......uthority or public functionary has got certain powers and functions to act according to the law which gives him the authority and power to act and to pass orders on and his action or order can not be called in question in the Court of law, unless he violates those laws and rules, in exercising his......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......the Opposite Party. Civil Revision Case No. 111 of 1989. Judgment Abdul Bari Sarker J.- This application under section 115 of the Code of Civil Procedure is directed against the Judgment and decree passed by Mr. Md. Habibullah, Additional District Judge, Khulna in Title Appeal No.254 of..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....titioner Shah Alam Chowdhury should not be enlarged on bail in Sessions case No.118 of 1988 under sections 302/34 arising out of Dhanmondi P.S. Case No. 3(II) 86. A Suo-Motu Rule being No.47/89 was also issued on 13.2.89 calling upon the Deputy Commissioner, Dhaka, the Chief Metropolitan Magistrate,......went out of the house driving the car. Finding that on that night her husband deceased Nuru Miah Chowdhury was not returning to his house up to 11 P.M. informant Mrs. Jesmin Chowdhury became anxious, called and asked the driver Jahangir about the whereabouts of Nuru Miah Chowdhury. Driver Jahangir r......n Bepari as absconders), citing as many as 37 witnesses including the doctor, the hand-writing expert and the concerned police officers. After following the legal provisions regarding in absentia trial of accused Saidur Rahman Chowdhury @ Bachchu Chowdhury, Atiar Rahman Chowdhury @ Nannu Chowdhu......302/34 arising out of Dhanmondi P.S. Case No. 3(II) 86. A Suo-Motu Rule being No.47/89 was also issued on 13.2.89 calling upon the Deputy Commissioner, Dhaka, the Chief Metropolitan Magistrate, Dhaka and the Secretary, Ministry of Home Affairs, Government of Bangladesh and accused Shah Alam Chowdh..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
.... is allowed. Lawyers Involved: Sultan Ahmed, Deputy Attorney General, with Md. Yunus Ali, Advocate—For the Appellant (State). Akram Hossain Amin, Advocate—For the Absconding condemned prisoners. Death Reference Case No.2 of 1985. Judgment Syed Fazle Ahmed J.- This reference und...... Ali and Sheer Mahmud and others. He further requested to recover that money from Abdul Jalil. Accordingly Jalil's uncle Pashan Ali and Sheer Mahmud and Muslim's father Jan Mohammad and Jahur Ali called Jalil's elder brother Saburuddin from village Kalamati to village Bhothat at about 12' o cloc...... attacked the judgment and order of conviction and sentence of the Sessions Judge as illegal, improper and perverse on the ground that he did not take any step to defend the condemned prisoner during trial specially when condemned prisoners were facing capital charge and under the circumstances th......r section 374 of the Code of Criminal Procedure has been made by the Sessions Judge, Kurigram for the confirmation of the death sentence passed on condemned prisoners, namely, Taib Ali, Asia Khatun and Sabiran Nessa in Sessions Case No.56 of 1985 under sections 302/34 of the Bangladesh Penal Code...Category: Criminal Law | Date: | Hits: 107
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....sions Trial Case No. LXXVI/November/80 and appellant Nasir Ahmed was found guilty under sections 302/34 of the Penal Code and convicted and Sentenced, thereunder and sentenced to suffer rigorous imprisonment for life and other two namely Enamul Hoque and Nur Nabi were acquitted by judgment and order......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for information and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89......., Advocate—For the State. Criminal Appeal No.97 of 1984. Judgment Syed Fazle Ahmed J.- Appellant Md. Nasir alias Nasir alias Nasir Ahmed along with Nur Nabi and Enamul Hoque were placed on trial before Additional Sessions Judge, Noakhali to answer a charger under sections 302/34 of the Pe...... Appellant. Golam Mohiuddin, Advocate—For the State. Criminal Appeal No.97 of 1984. Judgment Syed Fazle Ahmed J.- Appellant Md. Nasir alias Nasir alias Nasir Ahmed along with Nur Nabi and Enamul Hoque were placed on trial before Additional Sessions Judge, Noakhali to answer a charger..Category: Criminal Law | Date: | Hits: 117
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
.... J Muktar Hussain Khan.........................Petitioner Vs. Suresh Chandra Dey & Others...............Opposite Parties Judgment January 17, 1989. Result: The Rule is made absolute. Cases Referred to- 11 DLR 177; 21 DLR W.P. (Lahore) 333; PLD 1972 (S.C.) 25. Lawyer...... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. .......1 and his brother Subash Chandra Kunda; they filed written statement claiming that they are bonafide purchaser for value without notice of the Bainapatra and that the Bainapatra is a forged one. The trial Court found that the signature of defendant No.1 as appeared in the Bainapatra was similar to ......86. ..Category: Civil Law | Date: | Hits: 133
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
....e learned Sessions Judge, Chandpur, in Sessions Case No.64 of 2001, convicting the accused appellant under sections 302 and 201 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life and to pay a fine of Taka 5000 (five thousand) in default to suffer rigorous impris......dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ......Mizi and Harun Mizi under section 302 of the Penal Code as a strong prima facie case was made out against them. Then the case was duly transmitted to the Court of learned Sessions Judge, Chandpur for trial and the learned Sessions Judge himself held the trial of the case. 6. During the trial of t...... Deputy Attorney-General—For the Respondent. Criminal Jail Appeal No. 779 of 2003. Judgment Syed Abu Kowser Md. Dabirush Shan J.- This jail appeal is directed against the impugned judgment and order dated 27‑8‑2003 passed by the learned Sessions Judge, Chandpur, in Sessions Case No.64..Category: Procedural Law | Date: | Hits: 118
Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
....ndants respondents is against an order recording compromise under Order 23, rule 3 of the Code of Civil Procedure. 2. The facts giving rise to this appeal, in short, are that Sarafatullah, predecessor-in-interest of respondent Nos.1-9 and respondent Nos.10 and 11 instituted Title Suit No. 69 of 1......e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ......the present respondent No.12 Fazlul Karim (defendant No.1) and Afsaruddin, respondent No.13 (defendant No.2) and others was contested only by the defendant No.1 Fazlul Karim. At no stage before the trial court the present appellants did appear and contest the suit nor raised any objection to the........Appellants Vs. Siddiqur Rahman & others........................Respondents Judgment February 8, 1987. Result: The Appeal is dismissed. Cases Referred to- Damodar Prasad and others Vs. Ram Charan Das and others, 1957 Pat 143; Bengali Coal Company Ltd. Vs. Apear Collieri..Category: Property Law | Date: | Hits: 109
Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)
....ur Rahman J Abdus Salam………………............Petitioner Vs. Sirajul Islam………………………...Opposite Party Judgment April 17, 1989. Result: This Rule is made absolute. Case Referred to- Amelendu Majumder Vs. Selimuzzaman, 7 BLD 114. Lawyers Involved......n by its order dated 19.2.1989. That order was appealed in Election Tribunal Appeal No.5 of1989 before the District Judge and the District Judge by his order dated 28.2.1989 registered the appeal and called for the records fixing 1.4.1989 for hearing. This order has given rise to the present Rule. ......peal find answer in the foregoing discussion. For these reasons, this Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ...... by filing written objection refuting the allegations made by the petitioner. The opposite party also made certain allegations of corruption, etc. practised during the poll in respect of Ward Nos.2 and 3 of the said Union Parishad. The petitioner filed an application for striking out the allegat..Category: Election Law | Date: | Hits: 194
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
.... case land in plot No.314 of Mauja Sadish. The plot No.312 was owned and possessed by the petitioners O.P. Nos.8-9 and O.P. Nos.31-32 while plot Nos.313 and 315 were owned by O.P.No.67. The O.P. No.2 sold the case plot to O.P. No.1 without the knowledge of the petitioners and collusively executed an......Involved: A.K. Badrul Huq, Advocate-For the Petitioners. Hemayetuddin Ahmed, Advocate-For the Opposite Party. Civil Revision No.12 of 1986. Judgment Qazi Shafi Uddin J. - This Rule called in question the judgment and order dated 23.11.85 passed by Mr. Ali Ashrof Khan Lodhi, Subord......deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......ddin & others…………………………....Opposite Parties Judgment February 18, 1988. Result: The Rule is discharged. Cases Referred to- Habibur Rahman Khalifa Vs. Satis Chandra Ghosh, (1977) 29 DLR (H.C) 178; 29 DLR 1789; Hajera Bibi Petitioner Vs. Noor Jahan Begum &am..Category: Property Law | Date: | Hits: 100
Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)
....the suit was not maintainable and the learned Munsif in restoring the suit on setting aside the order of dismissal of the Miscellaneous Case No.47 of 1983 acted without jurisdiction and the order also suffers from an error of law occasioning failure of justice. An order passed by a Court under Ord......of the suit itself and the Court restored the Misc. case on condition of payment of cost. The expression "default in payment in cost" is not synonymous with the term "non-appearance when the case was called on for hearing". Where the plaintiffs case under Order 9, rule 9 C.P.C. is allowed but subseq......le is discharged without any order as to costs and the suit is restored to its file and number and the order impugned is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ......itioners Vs. Abul Kalam & others...........................Opposite Parties Judgment December 5, 1988. Result: The Rule is discharged. Case Referred to- Biswanath Banerjee and others Vs. Amar Nath Mukerjee and others, 1962 Cal. 110. Lawyers Involved: Nurul Islam Cho..Category: Criminal Law | Date: | Hits: 85
Lal Mia Vs. State, 1989, 18 CLC (HCD)
.... J Lal Mia..........................................Petitioner Vs. The State....................................Respondent Judgment February 6, 1989. Result: This Rule is made absolute. Case Referred to- Hakim Rai Vs. The State, AIR 1957 (Punjab) 134. Lawyers Involved:......n filing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......ctor of Police investigated the case, visited the place of occurrence and after completing investigation submitted charge sheet against the accused petitioner only, showing him as absconding. The trial was held by the learned Upazila Magistrate, Purbadhala in absentia. 4. The prosecution exam......te-For the State. Criminal Revision No.425 of 1986. Judgment Anwarul Hoque Choudhury J.- This Rule arises out of an application under sections 435/439(1) of the Code of Criminal Procedure and is directed against the judgment and order passed by the learned Sessions Judge, Netrokona, date..Category: Procedural Law | Date: | Hits: 122
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