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Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....aid order under the provisions of Order 9 Rule 13 of the Code of Civil Procedure. 12. Before I advert to the contentions raised from the side of the petitioner, it will be appropriate to quote the relevant provision of Order 9 rule 13 of the Code of Civil Procedure which reads as follows: “1......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......AK Badrul Huq J Sonali Bank…………………..Petitioner Vs. Mozaffor Hossain………………….Opposite Party Judgment August 17, 1997. Result: The Rule is made absolute and the Order of stay stands vacated. Lawyers Involved: Md. Shahidul Haque, Advocate - For the......t by the defendant. The defendant, with malafide intention, without filing written statement, on 15-11-1978 by way of an application, prayed for direction upon the plaintiff for production of certain documents mentioned in the said petition. The defendant also filed another application praying for t..Category: Procedural Law | Date: | Hits: 80
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166....... his elder brother and they were in the same mess for 3 years and he depended upon defendant No.1 for managing the joint properties and it was in connection with those properties he signed some blank papers at the instance of defendant No.1 for managing the affairs of his family. It was further asse......Court High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Gour Gopal Saha J Abdur Rahim........................Petitioner Vs. Arifur Rahman and others.......................Opposite Parties Judgment November 27, 1997. Result: N......f facts, only in exceptional circumstances when the findings are shockingly perverse or these are vitiated by non-reading and mis-reading of the material evidence or mis-construction of any important documents affecting the merit of the suit. The learned Advocate for the petitioner has not been able..Category: Procedural Law | Date: | Hits: 68
Aslam Vs. State, 1998, 27 CLC (HCD)
....ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......al Powers Act. We have heard the learned Advocate for the accused-appellant and the learned Assistant Attorney-General appearing for the State and perused the FIR, charge sheet and other connected papers filed therewith. 4. Mr. Jamiruddin Sircar, the learned Advocate appearing on behalf of the......……..Appellant Vs. State…………………….Respondent Judgment January 10, 1998. Result: The appeal is allowed. Lawyers Involved: Jamiruddin Sircar with Taimur Alam Khandoker, Advocates - For the Appellant. Shueb Ahmed, Assistant Attorney-General - For the State. ......ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161...Category: Criminal Law | Date: | Hits: 65
Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)
....the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Suit No.258 of 1992 allowing the plaintiffs application for re-examination of witness No.1 for the plaintiff. 2. Short facts relevant for the purpose of the case are that opposite party No.1 as plaintiff instituted a suit in ......tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ...... High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Gour Gopal Saha J Ihteshamur Rahman………………………Petitioner Vs. Masuda Khatun and others………………………Opposite Parties Judgment January 15, 1998. Result: ......tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ..Category: Property Law | Date: | Hits: 66
Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151....... With the expansion of garments and exports business the petitioner decided to open branch liaison office for all of her businesses in Bangladesh. The petitioner’s company submitted all necessary papers and documents and obtained clearance certificates in the name of “Daddy’s Money of Bangla............. expansion of garments and exports business the petitioner decided to open branch liaison office for all of her businesses in Bangladesh. The petitioner’s company submitted all necessary papers and documents and obtained clearance certificates in the name of “Daddy’s Money of Bangladesh” iss..Category: Criminal Law | Date: | Hits: 87
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......tioner on furnishing a proper Jimmanama with the undertaking to produce the same in the Court when called for. 10. Heard the submission of the learned Advocates and perused the application and the papers annexured therewith. 11. In course of hearing of this Rule, the petitioner has filed paper......stigate or to decide the ownership of the rival claimants of the property. The only consideration is of possession of the property at the time of commission of the alleged offence has to be gone into and decided before passing an order for the custody of the said property. Where the question is the ......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ..Category: Criminal Law | Date: | Hits: 110
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
.... authorities are on section 35 of the Income Tax Act, 1922, which appear to be in para materia with section 173 of the Ordinance. 32. Sub-section (1) of section 173 of the Ordinance, which is only relevant for our purpose, reads as follows: ''Any income tax authority or the Appellate Tribunal......he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......ommission of Taxes Zone-3………………respondents Judgment August 9, 2007. Result: The references are returned with answer to the questions relating to enhancement of the receipts and rejecting summarily the applications under section 173 of the Ordinance in the negative and agai......he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59...Category: Fiscal/Taxation Law | Date: | Hits: 97
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
....the accused relying on their testimony without corroboration.'' 30. We have taken notice of the accused being a কুখ্যাত সন্ত্রাসী as proved by the P.W.1. This is a relevant fact to explain as to why ordinary people are afraid of disclosing against this type of cri......realities of the society few local witnesses are available to depose against their powerful neighbours or habitual miscreants. In almost all cases they come to the Court to say that they signed blank papers on the asking of the police and disown their presence at the time of recovery of incriminatin......72 (SC); Kamruzzaman Vs. State, 1995 BLD 486 = 47 DLR 416; State Vs. Tayeb Ali, 1987 BLD (AD) 265 = 40 DLR (AD) 6; Krishna Mochil Vs. State of Bihar, 2002 SCC (Cri) 1220. Lawyers Involved: SB Bhandary, Advocate - For the Appellant. Kazi M Ejarul Haque, Deputy Attorney-General - For the Stat......f gun (as fully described in the FIR) in presence of local witnesses (1) Abdul Hakim Bepari(60) and (2) Md. Khokon(22) and the accompanying members of his force. The accessed could not show any valid documents for holding the arms and ammunition. He then seized the said arms and ammunition, which we..Category: Criminal Law | Date: | Hits: 79
....as taken me through the impugned Judgment, Judgment of the trial Court and the exhibited documents and submitted that the learned Joint District Judge committed an error of law in not considering the relevant circular issued by the Primary Education Department providing mandatory provision that no t...... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits.
Send down the LC records accordingly.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 41.......ction)
Present:
Md. Azizul Haque J
Shefali Bala...............Petitioner
Vs.
Khalipur Pukurpara Registered Non-Government Primary School Managing Committee represented by its President and others………………Opposite Parties
Judgment
July 2, 2009.
Result:
The Rule ......t in the absence of both the parties or either party.
9. The learned Advocate appearing for the petitioner has taken me through the impugned Judgment, Judgment of the trial Court and the exhibited documents and submitted that the learned Joint District Judge committed an error of law in not consi..
Category: Employment/Service Law | Date: | Hits: 118
.... writ petitioners, and the judgments are not identical rather distinct, law points involved in these petitions being almost identical, these petitions are disposed of analogously by this order. Facts relevant for the disposal of these petitions are as under:
C.P. No. 1247 of 2011
2. This petit......
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
......sain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
The Chief Engineer, the Local Government and Engineering Department, LGED Bhaban, Agargaon, Sher-E-Bangla Nagar, Dhaka…………………......t against different categories of posts. So the statements as regards their claim of absorption against vacant posts are vague and indefinite. Learned Attorney General has drawn our attention to some documents which have been accompanied with the additional paper book filed on 6th February, 2012 in ..
Category: Employment/Service Law | Date: | Hits: 147
State Vs. Md. Shahidul Islam and others, 2011, 40 CLC (AD)
....e Penal Code and the other respondents under sections 324/34 of the Penal Code including the absconding accused persons, some of whom were charged under sections 302/34 of the Penal Code. 2. Facts relevant for the disposal of this petition are that over an occurrence alleged to have been committe......large the respondent Nos.2-6 on bail to its satisfaction, if they submit bail bonds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ......mad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J The State, represented by the Deputy Commissioner, Brahmanbaria…………………..Petitioner Vs. Md. Shahidul Islam and others………….Respondents Order June 23, 2011. Result: The Leave is granted. ......large the respondent Nos.2-6 on bail to its satisfaction, if they submit bail bonds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 69
....pon the writ respondents to execute the registered deed in question as per the decision taken by the writ respondent No.6 within 60 (sixty) days from the date or receipt of that judgment.
2. Facts relevant for disposal of the instant leave petition, in brief, are that the respondent No.1, a co-op......e judgment of the High Court Division.
7. We have considered the submission of the learned Counsel for the parties and perused the impugned judgment of the High Court Division and other connected papers on record.
8. From the judgment of the High Court Division it appears that the increase i......ivision
(Civil)
Present:
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Director General, Bangladesh Railway and others………………..Petitioners
Vs.
Sher-e-Bangla Market Dokander Bohumukhi Samobaya...... appreciation of the facts and circumstances of the case.
We do not find any merit in the leave petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 70
Chutta Miah Vs. State, 2004, 33 CLC (HCD)
.... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ......evisional application, the first information report, charge-sheet, the impugned order, the application dated 19‑2‑2004 filed by the accused petitioner Chutta Mia, depositions of the PWs and other papers filed along with the supplementary affidavit, filed by the petitioner and also perused the pa......mant in the aforesaid Sessions Case No. 104 of 2001 under sections 302/34 of the Penal Code. 3. During trial the accused petitioner Chutta Mia remained absconding. He was arrested on 14‑2‑2004 and produced before the Court on 17‑2‑2004. Meanwhile, prosecution examined as many as 14 witnes...... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ..Category: Criminal Law | Date: | Hits: 68
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......n 561A of the Code is attracted to secure ends of justice. No one appears to oppose the Rule. 6. We have heard the learned Advocate for the petitioner and perused the application along with the papers annexed thereto and also the report submitted by the Magistrate through the Deputy Commission....... - The petitioner Md. Azad Hossain obtained this Rule under section 561A of the Criminal Procedure Code calling upon the Deputy Commissioner, Dinajpur to show cause as to why the petitioner arrested and now kept under custody to suffer the sentence passed on 17‑6‑2001 by the Special Tribunal No......the matter as to the identity of the convict or that of the present petitioner and by simply observing that the tribunal is “functus officio", rejected the petition. He further submits that all the documents including the first information report, charge-sheet and seizure list show that one Md. Ab..Category: Criminal Law | Date: | Hits: 73
Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
....o. 31(6) 2004 dated 20‑6‑2004 now pending before the Chief Metropolitan Magistrate, Dhaka and or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of this Rule is that on 20‑6‑04 at 15.30 hours a first info......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......o show cause why the petitioner Dr. Qazi Faruque Ahmed should not be enlarged on bail in Pallabi PS Case No. 31(6) 2004 dated 20‑6‑2004 now pending before the Chief Metropolitan Magistrate, Dhaka and or such other or further order or orders passed as to this Court may seem fit and proper. 2. ......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ..Category: Criminal Law | Date: | Hits: 81
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
.... with the Regulations. Thus, a question arises as to the legal status of their appointment. So, let us examine the Civil Aviation Authority Ordinance, 1985. Sections 15 and 25 of the Ordinance are relevant. These two sections are quoted below: “15. Recruitment of officers, etc.‑ The Author......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595....... Ed. This Case is also Reported in: 56 DLR (2004) 595.......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595...Category: Employment/Service Law | Date: | Hits: 125
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......ered heavy loss for want of the deed. He could not do business nor develop the land. Signature on said memorandum of deposit of title deeds did not tally with any of the signatures of his wife in the papers of the bank filed. 18. In cross-examination, he stated that they were 4 brothers alive. AB...... High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Al Baraka Bank Bangladesh Ltd ....................Appellant Vs. Rina Alam and another............Respondents Judgment April 12, 2004. Result: The appeal is dismis......deposit of title deeds and deposited the original lease deed dated 28‑10‑66 and original deed of sale dated 22‑2‑73 in the bank. On 17‑3‑88 Mr. AB Siddique Ludu also executed other charge documents. Thereafter, the plaintiff executed the agreement to create further charge on 9‑3‑89. ..Category: Civil Law | Date: | Hits: 109
Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)
....it is for a declaration of title simpliciter, without any prayer either for confirmation of possession or recovery of possession in the suit property. The question of delivery of possession not being relevant, there is no need for appointment of any receiver. Although it is found that the receiver w......e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ...... This Case is also Reported in: 56 DLR (2004) 587. ......e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ..Category: Civil Law | Date: | Hits: 89
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....are consistent with the guilt of the appellant, which are not capable of being explained on any reasonable hypothesis other than that of his guilt. 6. The confession of the appellant which is very relevant for unfolding the cause for the murder and the motive behind the tragic incident is reprodu......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......tate of Delhi, AIR 1980 SC 1341. Jail Appeal No. 62 of 2004. Judgment SK Sinha J. - This appeal by convict Hasan Rony under section 420 of the Code of Criminal Procedure is from the judgment and order of the learned Sessions Judge, Cox's Bazar in Sessions Trial Case No. 7 of 2003. The learn......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ..Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......rt Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Abdur Rashid Chowdhury...........................Petitioner Vs. Additional District Judge and others……………Respondents Judgment October 20, 2003. Result: The Rule is made...... Vs. Bangladesh, 1990 BLD (AD) 103 = 42 DLR (AD) 86 were cited. 15. The facts do not appear to be disputed. On 25‑4‑2000 the petitioner as plaintiff presented a plaint along with the copies of documents and 'Talabana' before the Court for service of notice. 16. In the plaint, it is averred..Category: Others | Date: | Hits: 185
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