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State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)

....e Court High Court Division (Criminal) Present: Md. Badruzzaman J Md. Fazlul Karim J State……………Petitioner Vs. Innocent N Egbunine…………….Condemned‑Prisoner Judgment June 22, 1994. Result: The Reference is rejected and the Jail Appeal is ......ssion. Said Assistant Director disclosed their identities and asked about the boarder of room No.14 to which Mr. Innocent replied that he has hired that room for one of his friends. Then the Director called the Manager of the said Guest House to verify the register of the hotel but as the system of ......ions Judge, Dhaka who on receipt of the charge‑sheet registered Sessions Case No.243 of 1990 against the condemned‑prisoner under section 19(1)(b) of the Narcotics Control Act, 1990. 7. At the trial charge for alleged, violation of section 9(1) punishable under section 19(1)(b) of the said Ac......an J Md. Fazlul Karim J State……………Petitioner Vs. Innocent N Egbunine…………….Condemned‑Prisoner Judgment June 22, 1994. Result: The Reference is rejected and the Jail Appeal is dismissed with the modification. Lawyers Involved: Serajul Huq with An..

Category: Criminal Law | Date: | Hits: 164

Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)

.... the judgment and order dated 28-5-82 passed by the High Court Division in Criminal Revision No.38 of 1981) Judgment Shahabnddin Ahmed J.- The question in­volved in this appeal is whether a person who executed a bond for production of a property before Court is liable to prosecution for crimi...... appeal is whether a person who executed a bond for production of a property before Court is liable to prosecution for criminal breach of trust in the case of his failure to produce the property when called for, in addition to or independent of the forfeiture of his bond under section 514 of the Cod......tutes a criminal liability independent of his civil liability by way of forfeiture of his bond. The appeal is dismissed. The opinion expres­sed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (...... the Respondent No.1 (State). Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the Respondent No. 2. Criminal Appeal No.18 of 1982. (From the judgment and order dated 28-5-82 passed by the High Court Division in Criminal Revision No.38 of 1981) Jud..

Category: Criminal Law | Date: | Hits: 111

Bakshu Mia Vs. Govt.of Bangla­desh and others, 1977, 6 CLC (AD)

....of 9-9-1974. The Police took up investigation, recovered the dead body of Montazur Rahman from a certain Haor and completing investigation sub­mitted charge sheet on 29-6-1975 against the accused persons under section 148/364/120B and 302 of the Penal Code, read with Special Powers Act, 1974, to st......the Court of Special Tribunal, Sylhet, the Special Public Prosecutor filed a petition on 24.11.1976, pray­ing for withdrawal of the case. The Special Tribunal allowed the prayer for withdrawal and recalled all processes. 3. Against this order of withdrawal, the appellant moved the High Court in ......nd completing investigation sub­mitted charge sheet on 29-6-1975 against the accused persons under section 148/364/120B and 302 of the Penal Code, read with Special Powers Act, 1974, to stand, their trial. While the case was pending for trial in the Court of Special Tribunal, Sylhet, the Special Pu......his Case is also Reported in: 30 DLR (AD) (1978) 228. ..

Category: Criminal Law | Date: | Hits: 99

Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Cor­poration Ltd., 1982, 11 CLC (AD)

....n Limited while enjoying cash credit facility with the Bank of Credit and Commerce International, briefly stated "BCCI", to the extent of Tk. 60,00,000/- (Taka sixty lacs) by executing a Demand Promissory Note and deed of hypo­thecation of raw materials and finished goods as security, applied for r......vanced by way of loan, ah existing or future debt or the performance of an agreement which may give rise to pecuniary liabilities". And the instrument (if any) by which the transfer is effected is called a mort­gage-deed. Art. 40 gives the description of the instrument namely mortgage-deed but e......relevant portion for our purpose is quoted below: ………………………………… (ii) The mortgagor has been enjoying cash credit facilities with the Bank against hypothecation of industrial raw materials and finished products with a limit of Taka 60 (sixty) lacs plus interest and cha......eferred To- 21 Cal 241; Secre­tary to the Commission of Salt etc. Madras Vs. Mrs. Orr 38 Mad 646; Board of Revenue Vs. Sorrarazu, AIR 1976 Mad 1038 (FB); Mutual Property Insurance Co. Ltd. Vs. Inland Revenue Commissioner, 1926 All England Reports 493; Mad. B. P. 3011 R. Mis.; Inland Revenue Comm..

Category: Fiscal/Taxation Law | Date: | Hits: 269

Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)

....f 1976) Judgment Shahabuddin Ahmed J.- In this appeal by special leave the question, which appears to be of great public interest, is whether the right of pre-emption is available when the land sought to be pre-empted has already been reconveyed to the vendor, particularly when the deed of rec......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ...... to be pre-empted has already been reconveyed to the vendor, particularly when the deed of reconveyance has been executed and registered before the filing of the application for pre-emption. Both the trial Court, and the High Court Division in revision, have answered the question in the affirmative ......CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Shafi Khan……………………Appellant Vs. Mannujan Hossain, wife of A.Z.M. Delwar Hussain, Advo­cate and others………………Respondents Judgment February 16, 1983. Result: The appeal i..

Category: Property Law | Date: | Hits: 77

Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)

....nt of the People’s Republic of Bangladesh, Bangladesh Secretariat, Secretariat Building, Ramna, Dhaka and others.......... Respondents Judgment March 4, 2010. Result: The Rule is made absolute. Case Referred To- State of Kerala Vs. TP Roshana, AIR 1979 (SC) 765; Maico Jute and Ba...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......ers, Mr. Abdul Matin Khashru submitted that the said passage in the FIR divulges an inexonerable flaw and fallacy. He went on to state that Article 35 of the Constitution of the Republic contemplates trial without undue delay, whereas in the instant case no step was taken until 2005, while the FIR w......se is also Reported in: ..

Category: Criminal Law | Date: | Hits: 133

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....ineering Corporation.......................Appellant (In Civil Appeal No.36 of 1976). Bangladesh.........................................Appellant (In Civil Appeal No.37 of 1976). Vs. Md. Masood Reza and others................Respondents (In both the Appeals) Judgment June 30, 1977....... to restore the Respondents firm to Respondents No.1 to 3 in compliance with the Government order of release of the enterprise on cancellation of its placement under the Corporation and the Court has called upon the Corporation to show cause why such an order should not be made in such a case, the C......s. 2. By notification dated 7-3-72 which was published in the Bangladesh Gazette Extra-ordinary on March 20, 1972 of the Ministry of Industries, the Management of M/s. E. Pak Traders, Tejgaon Industrial Area, Dacca and M/s. Masood Reza & Company, Reza Chamber, 75, Motijheel Commercial Area, u......d. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ..

Category: Others | Date: | Hits: 154

Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)

....appeal arises out of a suit for ejectment, being Title Suit No. 115 of 1960 in the 1st Court of Munsif, Dhaka. The appellant, Nur Banu, took pattan of the suit lands from Nurun Nahar Bibi, predecessor-in-interest of the respondents, by executing a registered kabuliyat, Ext. 1, on February 21, 195......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......n. By a notice sent by registered post on 13.10.59 and also the notice through court on 11.10.56 the appellant was directed to vacate the suit land by the end of the Bengalee calendar year. 2. The trial court dismissed the suit on 22nd September, 1962. On appeal, the suit was decreed by the first...... Present FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Nur Banu…………………… Appellant Vs. Noor Mohammad and others………………Respondents Judgment February 3, 1983. Result: The appeal i..

Category: Property Law | Date: | Hits: 103

AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)

.... them did not make the order of restoration of the S.C. C. suit a nullity. Section 17 (1) runs as follows: "The procedure prescribed in the Code of Civil Procedure, 1908 (V of 1908) shall, save in so far as is otherwise provided by that Code or by this Act, be the procedure followed in a Court of......n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ...... by the defendant appellant, the order passed in the Miscellaneous Case No. 77 of 1972 was a nullity. 5. Defendant appellant filed Title Appeal No. 29 of 1977 against the judgment and Order of the trial court and being unsuccessful filed Second Appeal No 177 of 1978 before the High Court Division......esent FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J AK Murshed Ahmed………………… Appellant Vs. Md. Meher Ali and others………………… Respondents Judgment January 20, 1983. Result: The Appe..

Category: Procedural Law | Date: | Hits: 109

M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)

....d L/C under lien to and with Sonali Bank, Bangabandu Avenue Corporate Branch, defendant No.5 for further transaction including opening of Back to Back Letter of Credits for import of fabrics and accessories and export the above mentioned garments. The defendant No.1 nominated the defendant Nos.2 and......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......prayed for and there will be multiplicity of litigation. 3. Upon filing of the suit the petitioner filed an application under Order XXXIX Rule 1 of the Code of Civil Procedure on 14.6.2000 and the trial court issued an order of ad-interim injunction restraining defendant Nos.1-4 from taking or ma...... Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J M/s. Smart Apparels (Pvt.) Ltd……………..…………………….Petitioner Vs. Hanvit Bank Kuni Bong Branch and others………………….Respondents Judgment November 2, 2003. Result: The petit..

Category: Business or Commercial Law | Date: | Hits: 208

Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)

....am and another………………………Petitioner Vs. Sree Bidhan Kumar Deb, Advocate………………………Opposite Party Judgment August 12, 1997. Result: The Rule is made absolute. Cases Referred to- Afroza Bewa and others Vs. Md. Jalaluddin Pramanik, 48 DLR (AD) 205......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ...... Council in B Kunwar Vs. Ranjit Singh AIR 1915 (PC) 96; 42 I.A. 202. 11. Mr. Muhammad Jamiruddin Sircar, learned Counsel appearing for the opposite party submits that in view of the finding of the trial Court that the case involved a question of title the same should be tried by the SCC, Court ra......gh Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ..

Category: Procedural Law | Date: | Hits: 74

Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)

....xecution in Rent Ex­ecution Case No.23 of 1962 and in pursuance of the said rent execution case land appertain­ing to C.S Khatian No.65 of Mouza Bara-Gopinathpur, P.S Pirganj, District Rangpur, was sold in auction on 3.1.63. Thereafter, the Respondent 1 one of the judgment-debtors filed an applica......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......filed an application under Order 21, rule 90 and the execution proceeding was taken under Order 21 of the Code of Civil Procedure. The finding of the learned Subordi­nate Judge reversing that of the trial Court is that the process were deemed to have been ser­ved on the judgment-debtor is not in p......1979) 323...

Category: Property Law | Date: | Hits: 60

Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)

....meantime the landlords interests were acquired by the Government and the revisional settlement operation started. As the suit plots were recorded under different plot numbers and khatian numbers, and some of the defen­dants died in the meantime, the parties felt the necessity of having the final de......tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the ob­servations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320....... by the appellant was for delaying the proceedings as he is in possession of the properties. 3. Against this order leave was granted to examine the contention raised by the ap­pellant whether the trial Court as well as the High Court Division were correct in rejecting the prayer for amendment of......me Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Omed Ali Sikder…………………Appellant Vs. Arman Sikder and others……………………Respondents Judgment August 16, 1979. Result: The appe..

Category: Property Law | Date: | Hits: 78

Babul Chandra Biswas and others Vs. Dina Bandhu Chowdhury and others, 1979, 8 CLC (AD)

....d by Mr. Ahmad Sobhan. He, however, submits that the order of the learned Single Judge is in substance an order for main­tenance of the status quo. But a reading of the order indicates otherwise and so the con­tention of Mr. Ahmad Sobhan must prevail. 3. In this view of the matter, the appeal i...... Court of appeal below is restored. The direction given by the High Court Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ......on in Civil Revision Case No.167 of 1978). Judgment Kemaluddin Hossaita CJ.- Defendants are the appellants and the appeal arises out of an order of temporary injunction which was allowed by the trial Court but on appeal the prayer was rejected by the Court of appeal below and on revision the l......lso Reported in: 31 DLR (AD) (1979) 319. ..

Category: Property Law | Date: | Hits: 78

Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)

.... on declaration of their title to 28 acres of land on strength of the registered sale deed dated 27.5.68, stating that the land in question was owned and possessed by Gabu Sheikh who died leaving two sons Sonaullah and Kukil Sheikh and one daughter Rahitan. Rahitan transferred her entire in­terest ......t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......lands were attached before judgment and during the period of attachment the suit land was sold to Sonaullah by the registered sale deed on 27.5.68 and as such the sale was illegal and void. 5. The trial Court dismissed the suit without cost holding that the plaintiffs having purchased the suit la......o Reported in: 31 DLR (AD) (1979) 316...

Category: Property Law | Date: | Hits: 79

Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)

....ociety (CSS)................................Petitioner Vs. First Labour Court, Chittagong and others................Respondents Judgment January 6, 2008. Result: The Rule is made absolute. Cases Referred to- 57 DLR 741; 28 DLR 473; 12 MLR 401; 7 BLC (AD) 119; 49 DLR (AD) 17......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......deny­ing all the material allegations and stated that the petitioner is not a Commercial Establishment or Industries as per provision of the Employment of Labour (Standing Orders) Act, 1965 and Industrial Relation Ordinance, 1969. The Labour Court after taking evidence both oral and documentary and......original Jurisdiction) Present: Mirza Hussain Haider J Mamnoon Rahman J Christian Service Society (CSS)................................Petitioner Vs. First Labour Court, Chittagong and others................Respondents Judgment January 6, 2008. Result: The Rule is mad..

Category: Labour and Industrial Law | Date: | Hits: 201

Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)

....tion) Present: Md. Momtazuddin Ahmed J Golam Mowla............Petitioner Vs. Abdul Hashem.................Opposite Party Judgment August 2, 2009. Result: The Rule is made absolute. Cases Referred to- Ranju Roy Vs. Jibesh Ranjan Roy, 14 MLR (AD) 18; Anwar Hossain Vs. ......ion No. 383 of 2003. Judgment Md. Momtazuddin Ahmed J. - The Rule has been issued at the instant of the heirs of Golam Mowla defendant of the suit on the following terms: "Let the records be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the jud...... exhibits and ultimately dismissed the suit by his judgment and decree dated 31-5-1986 and 7-6-1986 respectively. 5. The plaintiff having been aggrieved by the aforesaid judgment and decree of the trial Court had preferred title Appeal No. 157 of 1986 in the Court of District Judge, Noakhali and ...... of 2003. Judgment Md. Momtazuddin Ahmed J. - The Rule has been issued at the instant of the heirs of Golam Mowla defendant of the suit on the following terms: "Let the records be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the judgment and d..

Category: Property Law | Date: | Hits: 88

Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)

....hief Metropolitan Magistrate by his order dated 28-5-1997 drawing proceedings under section 145 of the Code directed the parties to maintain status quo in respect of possession of the case land and also to file their written statements. By the same order the case record was transferred to the Court ......ted 4-12-2004 passed by the learned Metropolitan Magistrate, Chittagong in Miscellaneous Case No. 262 of 1997 allowing the application under section 145 of the Code of Criminal Procedure, hereinafter called the Code, should not be quashed and/or pass such other or further order or orders as to this ......atus quo in respect of possession of the case land and also to file their written statements. By the same order the case record was transferred to the Court of Metropolitan Magistrate, Chittagong for trial and disposal. The said order was duly served upon the second party on 30-5-1997. 5. The sec...... ..

Category: Criminal Law | Date: | Hits: 122

Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)

....facts are that a Sub-Inspector of Police named Abdur Razzaque, attached to Po­lice Station Kotwali, Dacca lodged a first infor­mation report on 5-2-1974 alleging that having got an information that some forged and coun­terfeit non-judicial stamps were offered for sale by some persons near the cou......ration is whether for offences alleged to have been com­mitted on or prior to 5-2-1974 the appellants can be tried by the Special Tribunal under the Special Powers Act (Act XIV of 1974 herein­after called the Act) which came into force on 9-2-1974. 2. The facts are that a Sub-Inspector of Polic......ants and 7 oth­ers including Abdur Rahman under section 255, 256, 258 and 259 of the Penal Code read with section 16(3) of the Act. The case was then transferred to the Court of Special Tribunal for trial. The appellants prayer for bail having been rejected by the Special Tribunal they moved the Hi...... Case is also Reported in: 30 DLR (AD) (1978) 112...

Category: Criminal Law | Date: | Hits: 76

Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)

....ana J.- This Civil Petition for leave to appeal has been directed against the judgment and order dated 18.03.2009 passed by the High Court Division in Civil Revision No.4273 of 1997 making the rule absolute. 2. The facts necessary for disposal of this civil petition for leave to appeal, in short,......- is to be deposit­ed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ...... of their respective exchanged land and as such the pre-emption case was not maintainable at all. 6. The contesting parties examined several witnesses in order to prove their respective cases. The trial court, on consideration of evidence adduced by the parties, rejected the pre-emption case hold......J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Sattyendra Sutradhar........................................Petitioner Vs. Md. Zillu Miah and others...................................Respondents Order February 20, 2012. Result: ..

Category: Property Law | Date: | Hits: 93