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Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
.... 1 Abdul Khaleque, Sub-Inspector of Narcotics and Liquor Department, Chittagong, apprehended him and recovered from his possession one gallon of hilly liquor which he held in a polythene bag in his right hand. He seized the same in presence of witnesses under a seizure list prepared by him and obt......Sessions Judge. Chittagong in Criminal Appeal No. 34 of 1995 should not be quashed and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. Facts relevant for the purpose of disposal of this rule, in short, are that having found the convict petitioner Md.......Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......ause of the said Excise Act, 1909 having been repealed by the Narcotics Control Act 1990. Thus, the cognizance of the offence taken by the learned Magistrate under section 46(a) of the Excise Act and trial held by him of the convict-petitioner for the said offence was clearly illegal. Consequently, ..Category: Criminal Law | Date: | Hits: 87
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....would not be maintainable. 12. Their further case was that respondent Nos. 5 to 7 offered to sell the land to the preemptors who declined to purchase. Now, they were estopped from exercising any right of preemption. On the pleadings following issues were settled: (a) Was the case maintai......Rashid J. – Pre-emptors presented the above appeal against an order dated 07‑09‑99 passed by Subordinate Judge, Court No. 2 at Noakhali in Miscellaneous Case 19 of 1996, which rejected a prayer for pre-emption. 2. Short facts for disposal of the appeal are that, on 15‑09‑96 the preempto......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......Rahman. Documents adduced by the preemptors were marked as Exhibit‑1 to 4 while those of the objectors marked as Exhibit-'Ka' to 'Ga' series. On the evidence, oral and documentary on record, the trial Court dismissed the case. 14. Mr. ABM Mahbub, learned Advocate on behalf of the appellants,..Category: Property Law | Date: | Hits: 71
Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)
....e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281.......arad Druta Bichar Ain, 2002, now pending in the Court of Mr. Golam Kabir, Magistrate 1st Class Druta Bichar Ain Adalat Sherpur should not be transferred from that Court to any other appropriate Court for fair and impartial trial and disposal. 2. The matter being urgent service of notice upon Stat...... Druta Bichar Ain, 2002, now pending in the Court of Mr. Golam Kabir, Magistrate 1st Class Druta Bichar Ain Adalat Sherpur should not be transferred from that Court to any other appropriate Court for fair and impartial trial and disposal. 2. The matter being urgent service of notice upon State-op......2002, now pending in the Court of Mr. Golam Kabir, Magistrate 1st Class Druta Bichar Ain Adalat Sherpur should not be transferred from that Court to any other appropriate Court for fair and impartial trial and disposal. 2. The matter being urgent service of notice upon State-opposite party was di..Category: Criminal Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
.... well as in the book of thumb impression as kept in Form No. 4 in appendix XI maintained in the Sub-Registrar's office as his said thumb was swollen. If that be the case, then the impression of the right thumb or any other digit was required to be taken as clearly provided in rule 48 of the Bangla......88 decreeing the suit should not be set aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. Opposite party No. 1 as plaintiff, filed the suit for declaration that the sale deed mentioned in schedule 2 to the plaint in respect of the suit prop......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ..Category: Property Law | Date: | Hits: 80
Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
....ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ......g these hard days of economic crisis. The service of the plaintiff though not regulated by the service regulations of the board but is protected by the principle of natural justice and hence the suit for declaration that the order of the principal dated 07‑09‑96 is illegal, void, inoperative and......ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ......ciplinary action against him. Accordingly, the Managing Committee by its resolution dated 07‑09-1996 removed him from service. Hence the suit is liable to be dismissed. 4. The suit came up for trial before the Court of learned Senior Assistant Judge. Begumgonj, Noakhali and the plaintiff exam..Category: Employment/Service Law | Date: | Hits: 96
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
....rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......Rashid J. - Plaintiff presented the above appeal against an order dated 15‑04‑04 passed by Joint District Judge and Arbitration Court at Dhaka in Title Suit No. 1 of 2003, which rejected a prayer for mandatory injunction. 2. On 25‑02‑03 the plaintiff instituted the suit first for several ......rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......ne up to June, 2002. 12. It is further stated that as per order dated 18‑05‑03 passed by a Division Bench of this Division in Civil Revision No. 1807 of 2003 the plaintiff gave security in the trial Court to the extent of Taka 7,000,000 on 30‑05‑03, which was accepted and kept with the re..Category: Civil Law | Date: | Hits: 73
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....the deed of gift dated 13‑12‑88 executed and registered by Manada Sundari in favour of defendant Nos. 1 and 2 was illegal, fraudulent, void, collusive and inoperative and the said deed created no right, title and interest of the said defendant in the suit land. 3. The plaint case, inter alia,......89 dismissing the suit should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioners as plaintiffs instituted the said suit for declaration that the deed of gift dated 13‑12‑88 executed and registered by Manada Sundari i......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......l No. 162 of 1989 before the District Judge, Pirojpur, the teamed Subordinate Judge, Pirojpur who heard the said appeal by the impugned judgment and decree dismissed the appeal affirming those of the trial Court. Being aggrieved by the impugned judgment and decree of the Appellate Court the plain..Category: Property Law | Date: | Hits: 65
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....rt, as it was then called, formulated the following principles: (a) If an employee is dismissed or his service is terminated in contravention of a mandatory statutory provision, the employee has a right of action either in a Superior Court in its writ jurisdiction or a Civil Court. (b) If the ...... accordingly, sent the file to the teamed Chief Justice. Learned Chief Justice was pleased to direct us to hear and dispose of the matter. 3. Defendant No. 1 Uttara Bank obtained the Rule against aforesaid decree of reversal. Opposite party No. 1, Syed Abidur Reza as plaintiff on 17‑3-82 inst......ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ......f the union was however, cancelled at the direction of defendant No. 6, the Government of Bangladesh, on 19‑9‑98. Cancellation of registration of the union violated section 15(d) (ii) of the Industrial Relations Ordinance, 1969 (Ordinance XXIII of 1969). 7. Then, defendant No. 6, the Governme..Category: Employment/Service Law | Date: | Hits: 174
....on he has referred to section 2(13) of the Companies Act, 1913. Section 2(13) of the Companies Act, 1913 reads as under:
"Private company means a company which by its articles.
a) restricts the right to transfer the shares, if any; and
b) limits the number of its members to fifty not includ......r was passed by this Court. Since no ad‑interim order was passed, the matter was heard expeditiously by this Court. It appears from a copy of the plaint that the plaintiffs have instituted the suit for the following reliefs:
a) To pass a decree declaring that the notice dated 3.9.92 for the Boa......urt, however, is directed to dispose of the concerned suit expeditiously.
Communicate this order to the concerned Court immediately.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 749.......iled an application on 13.9.92 under Order 39 rules 1 and 2 of the Code of Civil Procedure for temporary injunction and on the said application a show cause notice was issued on the defendant but the trial Court did not grant any ad interim order. Thereafter on 15.9.92 an application was filed under..
Category: Company Law | Date: | Hits: 181
....or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51.......m fit and proper.
2. The petitioner as plaintiff instituted Title Suit No.142 of 1991 in the Court of the Senior Assistant Judge, Sadar Sylhet impleading the opposite parties as defendants praying for declaration of title to second schedule land and recovery of khas possession therein. The plaint......or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51.......uit.
5. The plaintiffs examined 3 P.Ws. and the defendant No.4 examined defendant No.1 in part. At that stage the defendant No.4 filed an application for amendment of the written statement and the trial Court by the impugned order dated 10-6‑2002 allowed the application for amendment of the w..
Category: Property Law | Date: | Hits: 71
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....land and had been living there with the appellant; that he never gifted the suit property to the appellant; that he divorced the appellant on account of her misbehaviour and that the appellant had no right, title and interest in the suit property. 4. During trial of suit the defendant died and hi......rdinate Judge, Second Court, Bogra in Other Class Suit No.2 of 1994 dismissing the suit. 2. The appellant as plaintiff filed the above suit against original defendant Dr. GM Enamul Huq (now dead) for simple declaration of her title in the suit land described in the schedule of the plaint allegin......and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......ver gifted the suit property to the appellant; that he divorced the appellant on account of her misbehaviour and that the appellant had no right, title and interest in the suit property. 4. During trial of suit the defendant died and his legal heirs were substituted as defendant Nos. 1(ka) to 1(c..Category: Property Law | Date: | Hits: 63
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....chased the suit land from one Feroja, daughter of Hatem Ali under a sale deed in accordance with the Bainapatra (deed of agreement) dated 30‑1‑1991 for consideration and that the plaintiff has no right, title and possession in the suit land nor he was dispossessed, as alleged. 4. The learned ......000 passed by the Senior Assistant Judge, Fulpur, Mymensingh in Title Suit No.121 of 1999 should not be set aside. 2. The case of the petitioner, in short, is that the petitioner instituted a suit for declaration of title and recovery of khas possession in respect of suit land in the Court of the......er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ...... Bainapatra (deed of agreement) dated 30‑1‑1991 for consideration and that the plaintiff has no right, title and possession in the suit land nor he was dispossessed, as alleged. 4. The learned trial Court has been pleased to dismiss the suit on his findings that the Exhibit‑Ka i.e. RoR Khat..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....osite party No.1 while resisting the claim of pre‑emption did not himself submit a separate petition seeking proportionate pre‑emption of the case land and that therefore, the learned trial Court rightly allowed pre‑emption in favour of the petitioner. In this connection he has cited a decisio......It deserves mention here that during the pendency of this revisional application both the petitioner and opposite party No. 1 expired and their heirs were duly brought on record. 3. Facts relevant for the purpose of disposal of this revisional application, in short, are that the case khatian land......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......es a pond, he had been possessing the same by irrigating water therefrom to his contiguous agricultural land. So, according to him, the petition for preemption was liable to be rejected. 5. In the trial Court petitioner examined 2 witnesses including himself. Opposite party No. 1 also examined 2 ..Category: Property Law | Date: | Hits: 79
Azam Reza Vs. State, 2004, 33 CLC (HCD)
....il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......ulshan Police Station Case No.18(1)04 dated 10‑1‑2004 under sections 302/201 of the Penal Code now pending in the 3rd Court of Additional Metropolitan Sessions Judge, Dhaka. 2. The short facts for disposal of the Rule is that, the petitioner's wife deceased Joyanti Munshi alias Joyanti Reza c......il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......rred by Mr. Malek, the learned Advocate of the petitioner which was given in an appeal. In such circumstances we do not find any reason to enlarge the petitioner on bail during the pendency of the trial. In the result, the Rule is hereby discharged and the prayer for bail of the petitioner is her..Category: Criminal Law | Date: | Hits: 96
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....cuted a "General Power of Attorney" on 25.09.2007 in favour of the petitioner in order to facilitate the construction work of a multistoried building over the plot of land and also for exercising his right relating to the land. Writ Respondent No.3, One Bank Limited, as plaintiff, filed Artha Rin Su......tition No. 620 of 2011). Not represented-For Respondent Nos.2-4 (In Civil Petition No. 620 of 2011). Not represented-For the respondents (In Civil Petition No. 1428 of 2011). Civil Petition for Leave to Appeal Nos. 620 & 1428 of 2011. (From the judgment and order dated 19th January......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......g and hence, that order does not suffer from any infirmity and the High Court Division erred in setting aside that order. He further submits that the Additional District Judge, who was entrusted with trial of the Artha Rin suit as Judge-in-charge of the Artha Rin Adalat, Chittagong was competent to ..Category: Civil Law | Date: | Hits: 59
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....sion, the revisional jurisdiction of the High Court Division can be properly invoked. In this case, we noticed that it is one of those cases where the learned Judges of the High Court Division have rightly exercised their revisional jurisdiction by interfering with the concurrent findings of fac...... Sinha J. - This appeal by leave is directed against the judgment and order dated 10th July, 2000 of a Division Bench of the High Court Division in Civil Revision No.414 of 1999. 2. Facts relevant for disposal of the appeal are that the appellants (plaintiffs) instituted Title Suit No.45 of 199...... be able to execute the decree since the suit land is vague and not identifiable. The contract sought to be enforced must be certain, unambiguous, mutual and upon a valuable consideration; it must be fair in all its parts; free from any misrepresentation, imposition or surmise, riot an unconscio......est money was paid to the defendant by the plaintiffs as alleged and that the deed of contract for sale is a forged one. The plaintiffs are "not in possession of the suit land as alleged. 4. The trial court on consideration of the evidence on record decreed the suit. On appeal from the said jud..Category: Civil Law | Date: | Hits: 55
....t's finding that the suit is barred by limitation, therefore, is not sustainable. The revisional court rejected the appellate court's further finding that a domesticated son-in-law is entitled to the right of residence, possession and maintenance from the estate of his father-in-law making no clea......ainst the judgment and order dated 18.12.2002 passed by the High Court Division in Civil Revision No. 3847 of 1996.
2. The respondent No.1, as plaintiff, instituted Other Suit No. 35 of 1990 before the Court of Senior Assistant Judge, 3rd Court, Sadar, Chittagong for partition on declaration ...... and decisions of the High Court Division and in the circumstances this appeal be dismissed on contest without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 921.
......o in turn, settled 1.59½ acres of land with Purna Chandra on 17.11.1942. The plaintiffs father Akhil settled .40 acre of land with Hasmat Ali and thus he is entitled to 1.60 acres of land.
6. The trial court, on consideration of the evidence and materials on record, found that the defendant No.1..
Category: Property Law | Date: | Hits: 49
Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)
....provided that if the High Court Division upholds the sentence of death or imposes the sentence of death or life imprisonment upon any accused then the accused shall be entitled to prefer appeal as of right before the Appellate Division. He finally submits that since the Constitution has been amended......rom the judgment and order dated 20th April, 2008 passed by the High Court Division in Death Reference No.85 of 2004 with Jail Appeal No.578 of 2004) Order Muhammad Imman Ali J. - This petition for leave to appeal at the instance of the condemned petitioner Dipak Datta Bhola is directed agains......and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......olice after investigation of the case submitted charge-sheet against seventeen accused persons of whom Azimuddin Mahmud, Elahijan and Paritosh Rakkhit were absconding. The accused persons were put on trial in the Druto Bichar Tribunal, Chittagong, wherein charge under sections 120B/302/201/34 of the..Category: Criminal Law | Date: | Hits: 68
Ratan Sikder alias Ratinnya alias Ratan Das and another Vs. State, 2012, 41 CLC (AD)
....provided that if the High Court Division upholds the sentence of death or imposes the sentence of death or life imprisonment upon any accused then the accused shall be entitled to prefer appeal as of right before the Appellate Division. He finally submits that since the Constitution has been amended...... 2008 passed by the High Court Division in Death Reference No.111 of 2004 with Criminal Appeal No. 2917 of 2004 and Criminal Appeal No. 4316 of 2004) Order Muhammad Imman Ali J. - This petition for leave to appeal at the instance of the condemned petitioners Ratan Sikder alias Ratinnya alias R......statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......cused persons, namely Monjur Ahmed alias Manju, Ratan Sikder alias Ratannya, Zahedul Islam, Antu Barua alias Anup Barua, Sattgajit alias Haripada Pal, Sayed Nur, Rezwan alias Rezu and Molon Das stand trial for commission of offences punishable under sections 325/302/307/34 of the Penal Code. 4. H..Category: Criminal Law | Date: | Hits: 77
Almgir Hossain and another Vs. State, 2012, 41 CLC (AD)
....fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ...... Result: Leave is granted. Lawyers Involved: Zainul Abedin, Advocate on Record - For the Petitioner (In both the cases). No one - For Respondents (In both the cases). Criminal Petition for Leave to Appeal Nos. 348 and 349 of 2009. (From the judgment and order dated 20th January, 20......fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ......itional Sessions Judge, 4th Court, Comilla convicted absconding accused Morshed Alam and other accused namely Edu Mia, Ratan Mia, Alamgir Hossian (petitioner) and Babul Mia (petitioner) who faced the trial under sections 302/34 of the Penal Code and sentenced said Morshed Alam to death while the oth..Category: Criminal Law | Date: | Hits: 70
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