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Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
....t of defendant No.1 A Satter Solaiman was struck off by the court because the power of Attorney of the defendant had not been validated in Bangladesh and the written statement of defendant No.3 was also struck off on 24-6-1975 on the expirey of his lease. Before the trial Court as many as two witnes...... sit on the matter again for a rehearing or further hearing which is already concluded by decision even if that be erroneous.” 14. The last argument of Mr. Khandakar Mahbubuddin Ahmed is what he called abatement of the suit upon death of defendant Abdus Satter Solaiman during the pendency of th......ecause the power of Attorney of the defendant had not been validated in Bangladesh and the written statement of defendant No.3 was also struck off on 24-6-1975 on the expirey of his lease. Before the trial Court as many as two witnesses were examined by the plaintiff as against none by the defendant......s Case is also Reported in: 50 DLR (HCD) (1998) 352. ..Category: Property Law | Date: | Hits: 89
Maudud Vs. State, 1998, 27 CLC (HCD)
....ind him guilty of possessing a pistol and a bullet. 4. The word “arms” has been defined in section 4 of the Arms Act and includes a “dagger”. Section 15 of The Arms Act provides that no person shall have in his possession any “arms” of any description except under licence and in the m......mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ......mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ......l Hoque J.- This is an application for bail of the convict Maudud sentenced to seven years RI on 29-4-97 having been convicted under section 19(f) of the Arms Act, 1878. 2. Perused the application and heard the learned Advocate who contended that then is no requirement of holding any licence for ..Category: Criminal Law | Date: | Hits: 87
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....hare of the jote. According to the plaintiffs, plaintiff No. 14 is the purchaser from the plaintiff No. 2. The plaintiffs claimed that other recorded tenant of the suit khatian was Alabuddin, predecessor-in-interest of defendant Nos. 1‑19, and defendant Nos. 20‑23 are purchasers from the said de......ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26....... dated 3rd Chaitra, 1330 BS Ext. C. Their further case is that Alabuddin and after his death his heirs paid rent of the suit property to the landlord. 4. On consideration of the evidence on record trial Court found that Rahmat Ali had 8 annas share in the suit land and decreed the Suit for partit......d 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26...Category: Procedural Law | Date: | Hits: 85
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
....owing 15.5.89 at about 11.00 PM the informant's maternal uncle Motaleb Shikari was shot in the thigh through the open window. Rabeya Begum, the wife of Motafeb Shikari recognised all the 4 accused persons including the petitioner. The victim was, taken to Khulna Sadar Hospital where he succumbed to ....... The victim was, taken to Khulna Sadar Hospital where he succumbed to his injury. It is further stated that the deceased uncle of the informant had a dispute with the petitioner No. 1 over a fishery called "Gazer Gher" which led to the occurrence. On completion of investigation, charge-sheet w......rrence. On completion of investigation, charge-sheet was submitted under sections 302/34 of the Penal Code on 24.9.89 against all the four accused persons. 3. The case record was received for trial by the learned Additional Sessions Judge‑in‑Charge, Bagerhat, on 23.4.91 and the case was ...... This Case is also Reported in: 47 DLR (HCD) (1995) 24...Category: Procedural Law | Date: | Hits: 80
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....21 of 1973 for declaration of his title in respect of 0.78 decimals of the suit land as detailed in the schedule of the plaint against the present respondent who was defendant in the above suit and also for recovery of possession of the same by evicting the said defendant with removal of his huts th......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......pril, 1976 passed by the learned Additional District Judge, Faridpur disposing of the two appeals namely, Title Appeal No. 94 of 1975 and Title Appeal No. 95 of 1975 by reversing the decisions of the trial Court dated 26.4.1975 passed in TS No.108 of 1974 and TS No. 221 of 1973. Both the appeals ......t Vs. Nuruddin Ansari.... ..................................Respondents Judgment November 25, 1993. Result: The Appeal is allowed in part. Cases Referred to- Abdul Mannaf Khan and others Vs. Bangladesh and another, 38 DLR (AD) 201; Durga Chowdrain v. Jawahir Singh, 17 Indian ..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
..............................Petitioner Vs. Masud Ahmed……………………………………………….Contemnor-Respondents Judgment August 10, 2010. Result: The Rule is made absolute in part. Cases Referred to- Mirza Shamsuddin Beg Vs. Bangladesh, 41 DLR 356; Rangpur Pa......in the year, 1988 was deducted from the payment due to the petitioners. The petitioner also points out that it is apparent from the opinion of the learned panel lawyer of the Trust that it was the so-called absence from work for a period of over 16 years and the accrued salary and other benefits, wh...... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ......রাষ্ট/৬১৩ dated 09-3-1991 passed by the then Secretary of the Muktijudda Kalyan Trust accepting the petitioner's resignation more than one year after it was submitted. By judgment and order dated 07-2-2005 the Rule in the aforementioned writ petition was made absolute declaring t..Category: Employment/Service Law | Date: | Hits: 156
Abdus Sattar and another Vs. Md. Ali Hossain Prodhan, 2009, 38 CLC (HCD)
....ation whether the learned District Judge is empowered by law to transfer any appeal from the Court of Special District Judge to any Court subordinate to it. 9. The above matter in issue can be resolved by combined reading of sections 3, 4, 5 and 8 of the Act 35 of 2003 and section 24 of the Cod......er as to cost. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147.......ing to comply the order dated 6-6-2006 passed by learned District Judge, Dhaka. 2. Material facts are that the plaintiff instituted the suit for permanent injunction which was dismissed by the trial Court. Against which Title Appeal No.392 of 1994 is pending for hearing in the Court of Specia...... order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147...Category: Civil Law | Date: | Hits: 95
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....ing written statement denying all material allegations made in the plaint contending inter alia that the aforesaid properties were government khas land and one Maulvi Nurul Islam took settlement of some land from the government. The defendants purchased the said land from the successor of Nurul ......tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......contention the learned Counsel refers the case of Nizamuddowla Vs. Nurul Islam reported in 22 DLR 277 wherein it has been held: "Earlier application for amending prayer portion was rejected by the trial Court-Subsequent application with a new prayer, through in some respect similar but not exactl......41...Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....Rahman (Md.)...............Petitioner Vs. Bangladesh and others…………………Respondents Judgment February 4, 2010. Result: Rule is made absolute. Cases Referred to- Secretary, Ministry of Finance Vs. Masdar Hossain, 52 ......tal Principles of State Policy, (iv) Fundamental Rights and (v) the other provisions of the Constitution." 56. The Constitution, historically and in real terms, is a manifestation of what is called "the People's Power". The people of Bangladesh are, wherefore, central, as opposed to ornamen......is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ...... (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Moyeenul Islam Chowdhury J Ataur Rahman (Md.)...............Petitioner Vs. Bangladesh and others…………………Respondents Judgment February 4, 2010. Res..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
............Petitioners Vs. Government of the People's Republic of Bangladesh..........Respondents Judgment July 15, 2009. Result: The Rule is made absolute. Privilege once given cannot be taken away without due process of law and if there ......onorarium benefit and since then, they had been receiving the honorarium till stoppage of the same during 2003 by the BNP-Jamaat alliance Government and the respondents most illegally reopened the so-called medical proceeding with a view to deprive the petitioners from the benefit though legally gra......from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......desh..........Respondents Judgment July 15, 2009. Result: The Rule is made absolute. Privilege once given cannot be taken away without due process of law and if there is any plan to stop the privilege, the beneficiaries must be served with notice or give..Category: Others | Date: | Hits: 149
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....his appeal by my learned brother KM Subhan J. to which I concur. Rahul Islam J.- I had the opportunity of going through a copy of the judgment proposed to be delivered in this appeal involving some difficult questions of interpretation of certain statutory provisions. Finding myself unable to....... Charging section 39 of the Ordinance runs as follows: “No assessment of a tax rate, toll or fee under this Ordinance, or Valuation therefore, or the liability of a person to be so taxed, shall be called in question except by a petition presented to such authority, in such manner and within such ......s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276....... Court Appellate Division (Civil) Present: Fazle Munim J Ruhul Islam J KM Subhan J American Life Insurance Company……………………Appellant Vs. Dacca Poura Shaba and others……………………Respondent Judgment May 23, 1978. Result: The appeal ..Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
.... DLR (AD) (1979) 272.......ns interested in trade and was registered as an Association under Section 26 of the Companies Act read with Section 3 of the Trade Organisation Ordinance, 1961 (Ordinance No. XLV of 1961) hereinafter called the Ordinance as a non-profit making concern having the main object of doing the business of ......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......dgment May 31, 1979. Result: The appeal is allowed. Cases Referred to- Abul Alla Moududi Vs. Govt. of East Pakistan, (1965) 17 DLR (SC) 209; PLD 1964 SC 673; Abdur Rahman Vs. Collector and Deputy commissioner, (1964) 16 DLR (SC) 461; Eidge Vs. Baldwin and others, (1963) 2 All R.R. 66...Category: Business or Commercial Law | Date: | Hits: 208
State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)
....12 of 2006 allowing the appeal. 2. The relevant facts of the case are as follows: On 25.11.2002 Abdul Awal (victim) went to Khagatua Bazar at about 7.00/7.30 in the morning, the informant was also at the Bazar. The accused Mon Mia, Chootto Mia, Parvez, Alam Mia, Awlad, Sham Mia, Chora Hossain ...... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ......e and also to pay a fine of Tk.10,000/- (Taka ten thousand) each in default to suffer rigorous imprisonment for 6 (six) months more. 6. Being aggrieved by and dissatisfied with the judgment of the trial Court the respondent Nos.1-3 preferred Criminal Appeal No.4412 of 2006 before the High Court......mud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J The State……………………………………………..Petitioner Vs. Monsur Alam alias Mon Miah and others……………………………Respondents Order December 5, 2012. Result: ..Category: Criminal Law | Date: | Hits: 122
....d were trying to grab the waqf property. One inspector of C.I.D. of Bangladesh inquired into allegations made in that F.I.R. and finding prima facie case submitted charge sheet against the accused persons under sections 419, 420, 467, 468, 471, 406, 408, 409, 447 and 448 of the Penal Code. The case ......
"For that the case of the prosecution is not a personal case of the informant. It is a case of the institution named Dayemi Complex Bangladesh as such the informant is not entitled to do the so-called compromise with the accused persons without the consent of the institution. But the Chief M......against the accused persons under sections 419, 420, 467, 468, 471, 406, 408, 409, 447 and 448 of the Penal Code. The case was ultimately sent to the court of Chief Metropolitan Magistrate, Dhaka for trial. Before this court accused persons filed an application under Section 241A of the Code of Crim......
Muhammad Imman Ali J
Muhammad Mamtaz Uddin Ahmed J
Md. Shamsul Huda J
Md. Nurul Alam alias Dr. Hazrat Shah Sufi Mohammad Nurul Alam.....................Petitioner
Vs.
Saleha Khatton and others......................................................Respondents
Order
November 21..
Category: Procedural Law | Date: | Hits: 163
Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)
....suit land along with other land originally belonged to Kasirun Nessa Chowdhury, wife of Sohrab Ali Chowdhury. After death of Kasirun Nessa Chowdhury and her husband, the suit land devolved on their son Mumik Hosan Chowdhury, defendant No.2 and daughter Hamida Khatun Chowdhury, defendant No.6, by w......erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......render, defendant No.1 on 10.07.1978 leased out 2.90 acres of land to them for the first lime for a period of five years and that they had been in possession of the said 2.90 acres of land. 5. The trial Court by its judgment and order dated 15.01.1991 decreed the suit. 6. Against the judgment ......sented by the Deputy Commissioner, Dinajpur…………………………………………………………………….Petitioner Vs. Abdul Majid being dead his heirs:Mizanur Rahman (Minor) and others............................................Respondents Order February 27, 2012. ..Category: Property Law | Date: | Hits: 93
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....the same through clearing house of Bangladesh Bank which was dishonoured with an endorsement 'insufficient fund' and thereafter the complainant opposite party No.2 served a notice upon the accused person on 02-06-2005 with a request to make payment within stipulated period and take said cheques from......Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......t the accused person under section 138 of the Negotiable Instruments Act and transferred the same to the Court of the 5th Assistant Metropolitan Sessions Judge, Dhaka for disposal and thereafter the trial Court on receipt the record of the impugned proceedings on 31-7-2006 fixed on 28-9-2007 for c......ourt Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Abeda Chowdhury..................................Petitioner Vs. State and another.................................Opposite Parties Judgment October 29, 2009 Resu..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....amna PS Case No.33 dated 19-8-2008 Corresponding to ACC GR Case No.120 of 2008 under sections 26(2) and 27(1) of the Anti Corruption Commission Act, 2004, Rule 15 of Emergency Power Rules, 2007 and also under section 109 of the Penal Code, now pending in the Court of Metropolitan Senior Special Ju......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ...... in 14 BLC 26 and another unreported judgment passed in Writ Petition No.6880 of 2008. The learned Advocate further submits that the accused-petitioner was a fugitive as she did not appear before the trial Court though she was a wanted person in the trial Court, and without appearing in the said Cou......order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ..Category: Criminal Law | Date: | Hits: 100
Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....rs that the said agreement could not be implemented because of the situation arising out of the liberation of Bangladesh. On the 19th January, 1972 the Secretary, Ministry of Industries and Natural Resources of the Government of Bangladesh issued a notification purporting to take over under Acting......d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......y. In pursuance of the said object it entered into a written agreement with Buxly Paints (Pakistan) Ltd. on 20.10.71 to acquire all the assets of the said Company at Chittagong including the Industrial Unit for a consideration to be paid in serveral instalments, out of which a part had already......l authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266...Category: Property Law | Date: | Hits: 79
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
....ccupation of the disputed house the accused respondents entered into the eastern room of a "dochala" hut by breaking open a locked bamboo door at about 10-30 A.M. on 22nd March, 1970; and that they also forcibly entered into the "Chowchalas baithakkhana" by breaking open a lock in spite of protest f....... Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......pondents pleaded not guilty to the charge and their main defence was that they entered into the disputed huts in assertion of their bona fide claim of right and hence they committed no offence. The trial ended in their conviction under Section 448 of the Bangladesh Penal Cede. The order of convict......late Division (Criminal) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Sukhamoya Dutta Gupta..................Appellant Vs. Abdul Gafur and others..................Respondents Judgment April 12, 1979. Result: The appeal is a..Category: Criminal Law | Date: | Hits: 94
Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)
.... 1974 and remanding the case to the Appellate Tribunal with direction for re-hearing and disposal of the appeal expeditiously, in any case, within 6 weeks from the order. Against this order leave was sought for by the appellants, and leave was granted for examining the contention that the High Cou......gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......bullets was recovered on search of his body. First Information Report was filed by the said police officer and after completion of investigation charge sheet was submitted. The appellant was put on trial under the Special Powers Act, 1974. He pleaded not guilty to the charge under section 19A(f) o......-Record - For the appellant. Md. Moksudur Rahman, Deputy Attorney General, instructed by S.S. Huda, Advocate-on-Record - For the Respondents. Civil Appeal No.136 of 1978. (From the Judgment and order dated 8.6.1978 passed by the High Court Division in Writ Petition No.534 of 1977) Judgm..Category: Criminal Law | Date: | Hits: 91
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