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Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)
....e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......nt Nos.4 & 5. Syed Amirul Islam, Senior Advocate, instructed by Zohirul Islam, Advocate-on-Record-For Respondent No.7. Not Represented-For Respondent Nos. 3-6 & 8-10. Civil Petition for Leave to Appeal No. 548 of 2010. (From the judgment and order dated 7.1.2010 passed by the Hi......e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ...... 5. The learned Joint District Judge disÂmissed the suit. The plaintiff then preferred First Appeal No.78 of 2007 in the High Court Division. The High Court Division maintained the judgment of the trial Court. 6. Mr. M. Amirul Islam, the learned Senior Counsel appearing for the petitioner conÂ..Category: Civil Law | Date: | Hits: 93
Kazi Kamrul and others Vs. State, 2011, 40 CLC (AD)
....the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ......dismissed. Lawyers involved: Syed Haider Ali, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioners. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No.557 of 2010. (From the judgment and order dated 9.7.2009 passed by the Hig......the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ...... made in U.S.A. along with 34 rounds of ammunition. The officer seized cartridge and the gun which were kept concealed by the slide of a fuel tank in presence of the witnesses. 3. In course of the trial of the case, the prosecution has examined 14 witnesses. Besides the oral evidence, the prosecu..Category: Criminal Law | Date: | Hits: 64
Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)
....le". Security of Tk. 1000/- is to be depositÂed within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ...... by Muhammad Nawab Ali, Advocate-on-Record-For the Petitioner. Zainal Abedin, Advocate-on-Record-For the Respondent No.9. Not represented-For the Respondent Nos.1-8 and 10-13. Civil Petition for Leave to Appeal No. 638 of 2009. (From the judgment and order dated 18th January, 2009 passe......le". Security of Tk. 1000/- is to be depositÂed within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ......r hereof contestÂed the suit by filing written statement conÂtending, inter alia, that the suit as framed and filed is not maintainable inasmuch as the plaintiffs have no cause of action. 4. The trial Court on consideration of the materials on record and the submissions of the learned Advocates..Category: Property Law | Date: | Hits: 70
Category: Property Law | Date: | Hits: 76
Md. Abdul Based Sheikh and others Vs. Md. Jinder Ali Khan and others, 2011, 40 CLC (AD)
....d to be time barred. In the premises, we do not find any subÂstance in the leave petition. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 515....... Gias Uddin Ahmed, Advocate-on-Record-For the Petitioners. A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondent Nos. 1-3. Not represented-For the Respondent Nos. 4-17. Civil Petition for Leave to Appeal No. 804 of 2009. (From the judgment and order dated 12th January, 2009 passed......d to be time barred. In the premises, we do not find any subÂstance in the leave petition. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 515.......iled the misÂcellaneous case under Order IX Rule 13 of the Code of Civil Procedure for restoration of the suit to its original file and number after setting the ex-parte decree dated 30.06.2002. The trial Court framed the folÂlowing issues: “১। সà§à¦¥à¦¾à¦¨à§€à§Ÿ দরখাসà§à¦¤ ..Category: Procedural Law | Date: | Hits: 66
Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)
....olute, reversed the judgÂment of the Court of appeal below and restored those of the trial Court. 4. The High Court Division on consideraÂtion of the evidence on record held that the trial Court rightly found that the plaintiff failed to prove that his father gifted the suit land to him, that t......Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Mrs. Nahid Sultana, Advocate-on-Record-For Respondent No.1 Not Represented-For Respondent Nos.2-15. Civil Petition for Leave to Appeal No.425 of 2009. (From the judgment and decree dated 4.11.2008 passed by the H......000/- is to be deposited within 1 (one) month. Petitioner is permitted to prepare the paper book out of Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ......f Sultan Khan, being the recorded owner transferred the suit land in his favour by deed dated 10th March, 1997 and that he has been in possession of the same of payÂment of rent and taxes. 3. The trial Court on consideration of the evidence on record by judgment and order dated 16th November, 20..Category: Property Law | Date: | Hits: 87
Category: Procedural Law | Date: | Hits: 76
Joynal Abedin and others Vs. Shahidul Islam and others, 2011, 40 CLC (AD)
....out of Court in accordance with Rules. The order of status quo granted earlier by this Court to continue till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 492. ......ajul Haque, Senior Advocate, instructed by Syed Mahbubor Rahman, Advocate-on-Record- For the Petitioners (In both the cases). Not represented-For Respondents (In both the cases). Civil Petition for Leave to Appeal Nos.705 & 706 of 2009. (From the judgment and order dated 28th January, 2......out of Court in accordance with Rules. The order of status quo granted earlier by this Court to continue till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 492. ......by the High Court Division in discharging the Rules issued in Civil Revision Nos. 4280 and 4281 of 1995. The subject matter of the leave petitions as well as the parties therein are common. 2. The trial Court as well as the Appellate Court below and the High Court Division disposed of the matters..Category: Property Law | Date: | Hits: 60
Anti Corruption Commission Vs. M.A.H. Salim and others, 2011, 40 CLC (AD)
....one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ......the Petitioner. Rafique-ul-Haque, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not repÂresented-For Respondent Nos. 2 & 6. Civil Petition for Leave to Appeal No. 1926 of 2010. (From the judgment and order dated 17.8.2010 passed by the ......one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ......efore the High Court Division, which made the rule absolute and quashed the order of the Chief Metropolitan Magistrate. In the meantime, the case record was sent to the Metropolitan Special Judge for trial where Special Case No.5 of 2008 was regÂistered. The Senior Metropolitan Special Judge took c..Category: Criminal Law | Date: | Hits: 136
Superintendent Musrat Dhulia Dakhil Madrasha Vs. Md. Rafiqul Islam and another, 2011, 40 CLC (AD)
....ent and order passed by the High Court Division dated 23.11.2008 in Civil Revision No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ......spondents Order April 28, 2011. Result: Leave is granted. Lawyers Involved: Zainul Abedin Advocate-on-Record-For the Petitioner Not represented-For Respondents. Civil Petition for Leave to Appeal No. 493 of 2009. (From the judgment and order dated 23.11.2008 passed by the ......ent and order passed by the High Court Division dated 23.11.2008 in Civil Revision No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ......chers to join their respective duties but did not allow the plaintiff, since his case does not come under said Rules, and being aggrieved there against the plaintiff filed the instant suit. 4. The trial Court decreed the suit and declared the dismissal order dated 5.5.98 to be invalid, illegal an..Category: Employment/Service Law | Date: | Hits: 55
Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)
....possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468.......dismissed. Lawyers Involved: Nikhil Kumar Saha, Senior Advocate, instructed by Muhammad Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-For Respondents. Civil Petition for Leave to Appeal No. 731of 2009. (From the judgment and order dated 22nd 1January, 2009 passed......possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468.......¦¤ পà§à¦°à¦¤à¦¿à¦•ার পাইতে হকদার কি না? 5. On consideration of the materials on record and the submissions of the learned Advocates of the respective parties the trial Court found the Issue Nos.2 and 3 in favour of the plaintiffs and the Issue No.4 against the p..Category: Procedural Law | Date: | Hits: 57
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ...... Dhaka on 6.8.1990 in Title Appeal No.319 of 1989 whereby he affirmed the judgment and decree passed by the 1st Senior Assistant Judge, Dhaka on 5.11.89, in Title Suit No.98 of 1984. 2. The suit before the learned Assistant Judge was for declaration that the deed of Hiba‑Bil‑Ewaz purported to......ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......tant Judge by his judgment and decree dated 5.8.90. 7. Being aggrieved by the aforesaid judgment and decree of the learned Subordinate Judge the petitioner who was the defendant before the learned trial Court preferred this revisional application invoking section 115 of the Code of Civil Procedur..Category: Property Law | Date: | Hits: 87
Abdur Razzaque Vs. Bangladesh Agricultural DeveÂlopment Corporation and others, 1991, 20 CLC (HCD)
.... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ......the petitioner was posted in the Corporation godown at Bhola as Clerk‑cum‑Store Keeper he was implicated in a criminal case being PS Case No.1 dated‑ 7.10.74 under section 409 of the Penal Code for alleged misappropriation of fertilizer and the said case gave rise to GR Case No.280 of 1974. Th...... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ...... under section 409 of the Penal Code for alleged misappropriation of fertilizer and the said case gave rise to GR Case No.280 of 1974. The petitioner along with co‑accused Abul Kalam were placed on trial and the Ex‑Officio Special Judge in Special Case No.8 of 1977 by his judgment and order date..Category: Employment/Service Law | Date: | Hits: 67
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....he trial stood stopped and the accused released with effect from 25.2.91. He has submitted that although section 339C is a matter of procedure that provision of law had given the petitioners a vested right to get released from prosecution and that right could not be taken away by subsequent amendmen...... in view of section 339C of the Code of Criminal Procedure. We omit the facts of the case as they are not necessary. The pertinent facts are that the learned Sessions Judge received the Sessions case for trial on 26.2.90 and by an order of the same date fixed 4.3.90 for framing charge against the ac......Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ......g in the Court of Sessions Judge, Feni and they are being disposed of by this order as the self same facts and law are involved in them. 2. The main question involved in these Rules is whether the trial of the Sessions Case should be stopped and the accused released in view of section 339C of the..Category: Criminal Law | Date: | Hits: 58
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....d petitioner. This section 241A is a new section introduced in the CrPC by Ordinance No.60 of 1982 dated 30.12.82 and its main purpose is to save the accused person or persons from futile trial of outright false and frivolous accusations. We may however, consider Section 242 Cr.P.C. along with the a......itors of the said company of accused Nos. 1 and 2 namely M/s. Froglegs Export Ltd. of which accused petitioner is the Managing Director. The complainants firm audited the accounts of the said company for the years 1981‑82, 1982‑83 and 1983‑84 and gave the audit report which was approved in the......e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......s". It has been further observed in this decision that- "The legislature has enacted sections 241A and 265C Cr.P.C. apparently to protect the accused from facing the agony of futile and useless trial when the statements of the complainant and his witnesses available on record (read with the st..Category: Criminal Law | Date: | Hits: 98
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....or obtaining remand so that the members of the bar engaged by the accused are in a position to appear and represent the accused and oppose grant of remand." 32. Our Constitution in its fundamental rights (Article 33) regarding safeguard as to arrest and detention of a citizen also provided for pr......er dated 30.6.93 passed by the Chief Metropolitan Magistrate, Dhaka in Ramna PS case No.126(8)92 under sections 326/307/302/34 of the Penal Code remanding the accused petitioner in the Police custody for 3 days. 2. The aforesaid case was started at the instance of one Md. Abdul Halim Khan, SI of ......er, are duty bound to consider each case on its own merits. They are not supposed to grant remand order mechanically. As the liberty of citizen is involved, the Magistrates are required by law to act fairly and consciously. A citizen is not to be deprived of his liberty without due cause. It will th......e authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole. If he has not jurisdiction to try the case or (send) it for trial and considers further detention unnecessary, he may order the accused to be forwarded to a Mag..Category: Criminal Law | Date: | Hits: 87
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
....equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ...... Ahmed, Advocate ‑ For the Opposite Party. Civil Revision No.457 of 1988. Judgment AM Mahmudur Rahman J.- The petitioners obtained this Rule against the order of an ad interim attachment before judgment passed on March 7, 1988 by the learned Subordinate Judge, 2nd Court, Chittagong in Mon......equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ......o Explorer the carrier of the consignment of the Controller of Movement and Storage, Chittagong, before judgment which was necessary as the petitioner 3 had no property within the jurisdiction of the trial Court except the vessel and if the vessel is allowed to leave the jurisdiction of this court, ..Category: Civil Law | Date: | Hits: 75
Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....on went to the house of the accused, found the dead body of deceased Rozina Khatun and held inquest over the same. At that time he noticed some injuries on the left side of the ribs as well as on the right cheek of the deceased and suspecting foul play sent the dead body to the morgue for post‑mor......e No.34 of 1986. The learned Sessions Judge by his judgment dated 26.4.1987 found this appellant guilty of the charge under sections 302/201 of the Penal Code and sentenced him to suffer imprisonment for life under section 302 of the Penal Code and also sentenced him to suffer rigorous imprisonment ......nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......er the officer‑in‑charge of the police station himself lodged the FIR and took up investigation of the case and on completion of the same submitted charge sheet. This appellant was then placed on trial before the learned Sessions Judge, Nilphamari on a charge under sections 302/201 of the Penal ..Category: Criminal Law | Date: | Hits: 66
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
....nly renders it invalid which is ‘cured by consummation’. A marriage contract, it is stated, as a civil institution, rests on the same footing as other contracts. The parties retain their personal rights against each other as well as against strangers; and, according to the majority of the school......stract questions which can be divorced from the facts giving rise to them and in order to resolve them the facts in some detail are necessary. 2. Appellant instituted a suit against the respondent for dower and maintenance in the Family Court. She claimed that though their marriage was solemnized...... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......ir Muhammad Khan, who was alleged by the plaintiff Pathani to have been her husband, the father of her children, and for mesne profits. The defendants who are wife and her son resisted the claim. The trial Court decreed the suit. The Allahabad High Court reversed the judgment of the trial Court foll..Category: Family Law | Date: | Hits: 318
Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)
....sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ......onviction of the respondent No.1 Shamsul Alam under section 420 of the Penal Code and sentence of six months' rigorous imprisonment and fine of Tk. 5000.00, in default to suffer rigorous imprisonment for two months imposed by judgment dated 9.3.86 passed by the Metropolitan Magistrate, Dhaka in Peti......sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ......nt of conviction and sentence the accused respondent filed Criminal Appeal No.91 of 1986 and by the impugned judgment dated 28.5.86 the learned Additional Sessions Judge set aside the judgment of the trial Court and acquitted the respondent holding that there was no initial intention to cheat on the..Category: Criminal Law | Date: | Hits: 69