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M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ...... been well settled that if the first information report or petition of complaint taken as a whole and accepted on its face value does not constitute the alleged offence in such case there can be no question of appreciation of the evidence or of investigation or enquiry about truth or otherwise o...... now pending in the Metropolitan Magistrate, Court No.11, Dhaka, should not be quashed and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The relevant facts for the purpose of disposal of the rule may be briefly stated as follows: One Mazharul Haqu..Category: Criminal Law | Date: | Hits: 104
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
....o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......Case No. 60 of 1970; that the Enemy Property authority has got no legal authority to lease out the said land in favour of the defendant No.2, as because the plaintiff is the sole owner of the land in question; and that on the basis of so-called lease the defendant No.2 forcibly dispossessed the plai......1986 passed by the learned Munsif, Gaziur in Title Suit No. 620 of 1981 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. Short facts of the case are as follows:- The Predecessor of the opposite parties No.1 to 3, as plaintif..Category: Property Law | Date: | Hits: 106
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ......ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ......months. Against such direction, the judgment-debtor, the present respondent preferred Civil petition for Leave to Appeal No.1295 of 2008 which has also been dismissed with cost. Suppressing all these facts the judgment-debtor filed an application in the court below and obtained the impugned order wh..Category: Civil Law | Date: | Hits: 186
.... appeal is allowed without any order as to coasts.
Send down the lower Court records at once.
Nozrul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 321.
...... appeal is allowed without any order as to coasts.
Send down the lower Court records at once.
Nozrul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 321.
......roduce any contrary evidence as regards their claim of title and possession as such, only recording in the S.A/R.S. Khatian of the suit land can not confer any title on them.
21. Considering the facts and circumstances of the case and also the evidence on record we cannot but set-aside the im..
Category: Property Law | Date: | Hits: 105
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......dul Islam, the learned Senior Counsel and Mr. Probir Neogi, learned Advocate appearing on behalf of plaintiff-appellant have submitted that when all the provisions of the Ordinance except section 5 unquestionable and beyond doubt relate to agricultural land and the purpose of the Ordinance is to max...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ..Category: Property Law | Date: | Hits: 134
People's Republic of Bangladesh Vs. Chairman, Court of Settlement and others, 1996, 25 CLC (HCD)
....on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ......d 31‑12‑1988 of the Court of Settlement, the petitioner obtained this Rule. 7. Mr. Mir Hashmat Ali, the learned Assistant Attorney‑General appearing for the petitioner, submits that the only question to be decided in this case is whether the case before the Court of Settlement was barred by...... same in Ka list has no basis it has been rightly held that the same was done without jurisdiction. We find that the Court of Settlement acted with jurisdiction on application of judicial mind to the facts and circumstances of the case and duly considered the question of limitation also. We, ther..Category: Property Law | Date: | Hits: 113
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......al Procedure by the police, the charge‑sheet and also considered the statement of the petitioner recorded by a Magistrate under section 164 of the Code of Criminal Procedure and also the facts and circumstances of the case and we have also considered the decisions of our Appellate Divis..Category: Criminal Law | Date: | Hits: 82
Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)
....n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......hout reversing his finding and referring to the material on which the trial Court based his finding. He further submits that the learned appellate Court erred in law in holding that the transfer in question by Jatri in favour of Subhadra was for legal necessity. According to him this transfer was ......n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ..Category: Procedural Law | Date: | Hits: 81
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......r the Respondent. Abdul Wadud Bhuiyan, Additional Attorney General—Amicus Curiae. Appeal from Appellate Decree No. 313 of 1978. Judgment Mustafa Kamal J. - This second Appeal raises the question of the legal status of the employees appointed by the District Councils later District Boar......udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ..Category: Employment/Service Law | Date: | Hits: 120
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ......nt case was started with the lodging of FIR on 17.12.2003 and after investigation police submitted report under section 173 of the Code of Criminal Procedure on 29.10.2004. So in the instant case question of holding investigation by the Durnity Daman Commission or any authorized officer of the c......esponding to Kotwali Police Station Case No.39 dated 17.12.2004, under sections 406/409/420 of the Penal Code, pending in the Court of Senior Special Judge, Sylhet, should not be quashed. 2. The facts relevant for disposal of the Rule, in short, are that the petitioner, who was the Manager of I..Category: Criminal Law | Date: | Hits: 85
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ......om the above facts and circumstances, we are of the view that the death of the victim Onika Shikder Lucky is not a case of suicide by hanging, rather, a clear case of murder. 33. Now, the material question to be decided is who committed the murder of the victim Anika Shikder Lucky. In this cas......they would not adduce any evidence on their behalf. 7. After hearing the learned Advocates for both the sides and on perusal and on analysis of the evidence on record and so also considering the facts and circumstances of the case, the learned trial judge came to the finding that the prosec..Category: Criminal Law | Date: | Hits: 97
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ......y seem fit and proper. 2. This Court at the time of issuance of the Rule directed the parties to maintain status quo in respect of position, possession, nature and character of the property in question till disposal of the rule. 3. Facts relevant for disposal of the Rule are that the oppos......he defendant No.1 by an order of ad interim injunction from dispossessing the plaintiff from the suit tea estate and from interfering with the peaceful possession of the plaintiff reiterating the facts as stated in the plaint. 5. That prayer for injunction was contested by the, defendant No..Category: Civil Law | Date: | Hits: 115
M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)
....ttagong in Money Suit No.97 of 1985 is hereby set aside. There will be no order as to cost. Send down the L.C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ......ttagong in Money Suit No.97 of 1985 is hereby set aside. There will be no order as to cost. Send down the L.C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ......n? 4. Whether the plaintiff was entitled to get relief as prayed for? 5. Whether, the plaintiff is entitled to any other relief? 10. After hearing of all the issues and after considering the facts and circumstances, evidence on record and other legal aspects, the learned Subordinate Judge..Category: Admiralty Law or Maritime Law | Date: | Hits: 570
Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)
....o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ......o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ......o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ..Category: Criminal Law | Date: | Hits: 104
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....opy of this order be forwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......as customary for them to prepare a Statement of Account (hereinafter referred to as Statement) for every month by the first week of the following month stating the total sales figure for the month in question as well as the deductions made therefrom in respect of the commission and other related exp......opy of this order be forwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ..Category: Company Law | Date: | Hits: 164
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ......hese two reason as the suit is barred by law, the same comes under the preview of order 7 rule 11 (d) of the Code of Civil Procedure 1908 and as such the plaint is liable to be rejected. 4. On the question of maintainability of the application under order 7 rule II of the code of civil procedure ......ion/ preferred under the provision of Order 7 Rule 11 read with section 151 of Code of Civil Procedure, 1908, the defendant Niko Resources (Bangladesh) Ltd. prays for rejection of the plaint on the facts and circumstances stated therein. 2. So far the grounds for the instant application is conc..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)
....urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, however, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ......by 'Annexure-2' to the counter affidavit it would be apparent that the issue of damages was not raised and decided before the Tribunal or the High Court Division under the Customs Act and as such the question of res judicata in respect of the instant suit of the plaintiff for claim of damages does n......Advocate appearing for the defendant-petitioner submits that the learned Joint District Judge seriously erred in law in passing the impugned order without properly applying his judicial mind into the facts and circumstances of the case and law bearing on the subject and the same has resulted in an e..Category: Fiscal/Taxation Law | Date: | Hits: 156
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......strator of Wakfs and the learned District Judge appeared to be unduly concerned about the factum of the petitioner's appointment as a Mutwalli which, in our opinion, was no issue at all so far as the question of her removal was concerned. This appears to have unduly and unnecessarily influenced bo......ce the High Court is seized of the case in the exercise of such jurisdiction it can in accordance with section 115, C.P.C., "make such order in the case as it thinks fit." Having regard to these facts and circumstances and our discussion above, we find that there is no substance in the conten..Category: Trust/Waqf Law | Date: | Hits: 124
Channu Mia alias Yusufuzzaman & others Vs. State, 1983, 12 CLC (HCD)
....of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ...... the trial Court has failed to conclude the trial of the petitioners within the time limit prescribed by section 339(c) Cr.P.C. Mr. Karim is harbouring under the impression that the proceeding in question is a proceeding instituted after the commencement of Ordinance No. XXIV of 1982. It is corr......of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ..Category: Procedural Law | Date: | Hits: 123
Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)
....ute Service Limited immediately wherever situated and report compliance within 8 weeks from the date of receipt of the drawn up order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 412. ......ity Taka 485,000.00 by the respondent would make the respondent No.1 liable to be wound up under sections 162 and 163 of the Companies Act. 1913 provided it is unable to pay the same. 10. The next question therefore is whether the respondent No.1 is able to pay this amount to the petitioner compa...... not satisfied this Court that it is capable of repaying the admitted debt of Taka 4,85,000.00. No proposal has been made as to how and when it would be able to pay its debt to the petitioner. In the facts and circumstances of the case it appears that the respondent No.1 is unable to pay its admitte..Category: Company Law | Date: | Hits: 145
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