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State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
.... same order by, which he has trained charges against the accused persons including Nur‑e‑Alam. Joynal and Khodeza have been tried in absentia and other accused persons have pleaded not guilty and claimed to be tried. 5. The defence case of the condemned prisoners as disclosed from the tread o......nd Jail Appeal No. 817 of 2001. Judgment SK Sinha J.- This reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 1st Court Khulna for confirmation of sentence of death awarded to the condemned prisoners Ershad Ali Sikder, Faruk Ja......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..Category: Criminal Law | Date: | Hits: 110
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....‘6‑1983 (Annexure‑B) Government increased the scale of pay of the Preventive Officer from Taka 425‑1035 to Taka 770‑1135. A group of promoted Appraisers namely, Azizul Haque Sikder and others claimed seniority over the directly recruited Appraisers on the basis of the above Memo dated 26‑6......œ...................the appellants argument that by receiving the same scale of pay the Preventive Officer and Appraisers have become members of the same grade with effect from 26‑6‑1983 and therefore the Preventive Officers became senior as a Class to those who have been appointed directly as A......r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ..Category: Employment/Service Law | Date: | Hits: 116
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
.... with Sadiqun Nahar Papri, Shamsee Ara Begum, Majumder Saiful Islam and PC Guha, Advocates ‑ For the Informant. Criminal Miscellaneous Case No. 9087 of 2001. Judgment AK Badrul Haq J.- The claim of the petitioner is pivoted on section 498 of Code of Criminal Procedure (shortly the code) a......ahima Nasrin, Assistant Attorney-General-For the State Opposite Party No. 1. Rabeya Bhuiyan, with Sadiqun Nahar Papri, Shamsee Ara Begum, Majumder Saiful Islam and PC Guha, Advocates ‑ For the Informant. Criminal Miscellaneous Case No. 9087 of 2001. Judgment AK Badrul Haq J.- The claim......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241...Category: Criminal Law | Date: | Hits: 79
.... Court Division in Writ Petition No. 6916 of 1997 discharging the Rule.
2. In the writ petition the listing of the case property as an abandoned property has been challenged by the writ petitioner claiming to be the purchaser-owner of the case property on the basis of an agreement for sale dated ...... 49 DLR (AD) 161.
Lawyers Involved:
M. I. Farooqui, Senior Advocate instructed by M.G. Bhuiyan, Advocate-on-Record-For the Petitioner.
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 934 of 2008.
(From the judgment and order dated 27.11.2007 passed by the ......and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
..
Category: Property Law | Date: | Hits: 54
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....application under section 10 of the Code of Civil Procedure is whether the matter in issue in the previously instituted suit between the same parties or between parties under whom they or any of them claim litigating under the same title is directly and substantially in issue in the subsequent suit.......hid Alam Khan, Advocate — For the Opposite Parties. Civil Revision No. 3011 of 1995. Judgment Qazi Ebadul Hoque J. - This application appears to be out of time by 399 days. The explanation for delay is that the petitioner wrongly filed Miscellaneous Appeal No. 80 of 1994 before the Distri......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149...Category: Property Law | Date: | Hits: 57
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....one was examined by the appellant in support of their case. 6. During the hearing of the suit 26 documents were proved and marked exhibits 1-9 series on behalf of the plaintiff in support of their claim that Md. Ismail was the original lessee of the said shop and after his death his sister Ayesha......dent is entitled to the leasehold right in respect of the shop No. 49 in the ground floor of Baitul Mokarram as a lawful heir and successor of late Md. Ismail. 2. Plaintiff Khairunnessa filed the aforesaid title suit for a declaration that she was entitled to continue as a lessee of shop No. 49 i......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ..Category: Property Law | Date: | Hits: 116
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....ct was completed on 2-12-76. 3. The pre-emptees contested the case by filing a written objection and contended, inter alia, that the case is barred by limitation. It was further contended that the claim of the pre-emptors is barred by the principles of estoppel, waiver and acquiescence. The conte......peal No. 72 of 1988 reversing the judgment and order dated 29-9-88 passed by the Assistant Judge, Gobindaganj, in Miscellaneous Case No. 64 of 1984 disallowing pre-emption. 2. Short facts relevant for the purpose of the case are that, opposite party Nos.1 and 2 as pre emptors filed a case land un......e and the same has occasioned failure of justice. The learned Advocate further submits that in view of the fact that the petitioner have made improvement in the case land by spending a huge amount of money, they are entitled to the said cost if, at all, pre-emption is allowed and, as such, the learn..Category: Property Law | Date: | Hits: 56
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......ngladesh Bank and others, 59 DLR at page 540, Md. Mostafa Kamal and others Vs. Bangladesh Bank and others, 11 MLR, 377. Lawyers Involved: M. Moksadul Islam with, Asaduzzaman Siddiqui, Advocates-for the petitioner. Md. Mizanur Rahman appearing for Ziaul Hassan, Advocate-for the respondents. ......n of defaulting borrower as given in the statute was not attracted in his case, since he had only 2.5% share, and that he had merely provided personal guarantee to the creditor bank to repay the loan money which at best could made him a guarantor and not a defaulting borrower. The High Court Divisio..Category: Civil Law | Date: | Hits: 167
Norendra Chandra Dash and others Vs. Md. Solaiman Chowdhury & others, 1997, 26 CLC (HCD)
....tion that the registered Saf Kabalas in favour of the defendant Nos.1-4 are forged, fraudulent, collusive and not binding upon the plaintiffs. It appears that the plaintiffs as well as the defendants claim to have purchased the suit land from defendant No.5 and the plaintiffs definite case is that d......party Nos.1 to 4 to show cause as to why the order dated 2-3-91 passed by the Additional Assistant Judge, Chandpur Sadar, Chandpur in Title Suit No.67 of 1990 rejecting the petitioner’s application for amendment of the plaint. 2. Petitioners as plaintiffs instituted Title Suit No. 67 of 1990 in......e land with her husband and children. In 1985 defendant No.5 proposed to sell his portion and share in the ejmali property and the plaintiffs having agreed to purchase the same paid the consideration money to defendant No.5 in presence of witnesses. Mention may be made that the lands in question are..Category: Property Law | Date: | Hits: 98
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
....ala fide and coram non judice. It appears that the petitioner also instituted Money Suit No.3 of 1995 in the Court of Subordinate Judge, Noakhali against a number of persons including respondent No.3 claiming damages for malicious prosecution and wrongful imprisonment. It further appears that the re......s Rule was issued calling upon the respondents to show cause as to why the order date 26th November 1996 passed by the respondent No.1, Sessions Judge, Noakhali, in Miscellaneous Case No. 353 of 1996 for fresh trial of GR Case No.1 of 1983 of the Court of Magistrate, 1st Class, Noakhali should not b......a number of persons including respondent No.3 claiming damages for malicious prosecution and wrongful imprisonment. It further appears that the respondent No.3 who is defendant No. 4 in the aforesaid money suit has submitted an application before the learned Sessions Judge, Noakhali, that is respond..Category: Criminal Law | Date: | Hits: 56
.... amount of money besides the amount paid by the petitioner against termination benefits. They were not satisfied with the termination benefit given by the accused. They made their own calculation and claimed that they are entitled to further amount. According to the accused, they were given entire t......ision Case No. 874 of 1994 with Criminal Revision Case No. 875 of 1994.
Judgment
SK Sinha J.- Since facts and points of the law involved in these Rules are identical they were taken up together for hearing and this judgment would govern both the Rules.
2. Points raised by the learned Advoca......h an offender only for refusal or failure to comply with a definite order made by it under section 25 of the Act. In the earlier judgment of the Labour Court, if it can be ascertained that any sum of money was directed to be paid but the offender refused or failed to pay the said ascertained sum as ..
Category: Labour and Industrial Law | Date: | Hits: 184
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....sted by at least two witnesses. The learned Advocate also submits that the bainapatra Ext. 1 is a forged and collusive document. The learned Advocate further submits that the plaintiff filed the suit claiming declaration of title on the basis of adverse possession but in his evidence the plaintiff d......t fact leading to this appeal is, that the appellant as plaintiff instituted Title Suit No. 63 of 1985 in the Court of the Subordinate Judge, Chandpur impleading the respondents as defendants praying for declaration of title by adverse possession in respect of the suit land described in schedule to ......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ..Category: Property Law | Date: | Hits: 51
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
.... Port Authority. It is also stated that the respondent No. 1 is not entitled to collect the rates in excess of rate as prescribed in the Schedule. The petitioner No. 1 further states that it does not claim rebate. And for such illegal realisation of rates by the respondents the petitioners’ lawyer......d ors, 1977 (SC) 1496 and State of Punjab vs. Balbir Singh and ors, at page 1717; ATM Mehtab Majid and Co. vs. State of Madras and another 1963 (SC) 928. Lawyers Involved: Rafique-ul-Huq with Zaforullah Chowdhury and Hasanul Karim, Advocates — For the Petitioners. Habibul Islam Bhuiyan wi......ed this petitioner that a petition might be moved afresh before the High Court Division. It is also stated that respondent No. 1 made it clear before the Appellate Division that it would refund their money so far realised under challenge. 3. The respondents resist the Rule by filing affidavit-in-..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
....otification was made by the Government under section 5(7) of the Act and the land in question was not finally acquired and the petitioner did not get the final payment of compensation. The petitioner claims that the possession of the land was not handed over in favour of the Government. The petition......dent No.3 in connection with LA Case No.127/61-62 should not be declared to have been passed without any lawful authority. 2. Common question of law seems to be involved in all the Rules, we, therefore, dispose of the Rules by this single judgment. 3. In Writ Petition No.337 of 1999 the petiti...... was approved on 27-8-77 and thereafter notices under section 5(2) were served upon the petitioner and other persons having claim in the land on 8-6-79. The requiring body deposited full compensation money amounting to Taka fifty lac in favour of the land acquisition authority and the requisition an..Category: Criminal Law | Date: | Hits: 37
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....in that meeting the Ministry in a summary of findings regarding the nature of loan as mentioned in the agreement for sale agreed that the loan was granted under ADP as short term loan. The petitioner claims that it was clearly pointed out in the summary of findings that the Auditor Rahman Huq and Co......anneries had been under the management of the Bangladesh Tanneries Corporation an amount of Taka 1,00,000,00.00 as non-development loan from ADP fund was sanctioned on 29-9-75 in the name of all the aforesaid tanneries for the purpose of purchasing raw skin during the Eid-ul Azha. It has been stated......o why their predecessor Bangladesh Freedom Fighter Welfare Trust showed the said loan as long term loan in their Enterprise profile. The petitioner has further stated that out of the total quoted bid money amounting to Taka 90,00,001.00 the petitioner deposited 25% of the quoted price i.e. Taka 22,5..Category: Others | Date: | Hits: 95
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
.... of Civil Procedure which runs as follows: “1. (1) At any time after the institution of a suit the plaintiff may as against all or any of the defendants, withdraw his suit or abandon part of his claim. 2) Where the Court is satisfied— a) that a suit must fail by reason of some defect, o......side the judgment and decree dated 29-6-1983 passed by the Second Court of Munsif, Bogra in Other Class Suit No.153 of 1977 dismissing the suit has been called in question. 2. Short facts relevant for the purpose of the case are that, petitioner Md. Habibur Rahman Paikar as plaintiff instituted a...... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ..Category: Property Law | Date: | Hits: 88
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....y 1/3rd of the total land of 0.47 acre and defendant No. 2 Intaj Biswas also used to possess his portion of the said purchased land. 12. These evidence together with the record of rights belie the claim of the plaintiff and clearly shows that although 0.47 acre of land in plot No.17 in CS Khatian......f 1983, should not be set aside. 2. The plaintiff-petitioner filed a suit being Title Suit No.19 of 1983 in the Court of Munsif, Second Court Khulna, against the defendant opposite parties praying for declaration of his title in the suit land contending inter alia, that 0.47 acre of land mentione......e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ..Category: Property Law | Date: | Hits: 72
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....orded his confessional statement wherein he repeated the same statement which he stated before the Union Parishad Chairman and other persons. 8. The accused opposite parties pleaded not guilty and claimed to be tried putting forward a defence that Zainal Abedin and Eshahque were the real culprits......ion No. 55(C)/1988. Judgment AK Badrul Huq J.- The subject matter of challenge in this Rule issued on an application under section 439 of the Code of Criminal Procedure at the instance of the informant-petitioner is the judgment and order of acquittal passed upon the accused-opposite-parties i......to be tried putting forward a defence that Zainal Abedin and Eshahque were the real culprits but the informant, his brother and mother compromised the case with them after realising a large amount of money. The accused-opposite party Abdul Khaleque did not come to the terms and raised objection to t..Category: Criminal Law | Date: | Hits: 42
Probir Kumar Chowdhury alias Tinku and others Vs. State, 1998, 27 CLC (HCD)
....its force after submission of charge-sheet and taking of cognizance by the Court concerned. At that it is the duty of the accused to surrender before the Court in which the case is pending. He cannot claim to continue on the anticipatory bail even after submission of the charge-sheet and taking of c......que with Kh Nazrul Islam and Maqbul Ahmed, Advocates — For the Petitioners. MA Rouf, Assistant Attorney-General — For the State. Shirin Ahmed with Faisal Mahmud Faizee, Advocate—For the Informant. Criminal Miscellaneous Case No. 3969 of 1998. Judgment Kazi Ebadul Haque J. - This......ted to the petitioners is recalled. They are directed to surrender before the Court below. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 42...Category: Criminal Law | Date: | Hits: 33
Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)
....y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40.......g in the 5th Court of Additional Sessions Judge, Dhaka should not be quashed or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts, in short, necessary for the purpose of disposal of this Rule may be summed up as follows: Mr. Chowdhury Fakruzzaman, ......h Sabuzbag police station against the accused petitioner alleging, inter alia, that the petitioner in capacity as Assistant Accountant prepared salary bill and other vouchers more than the sanctioned money and thereby misappropriated Taka 55,468,42 (Annexure A). 3. It is submitted that the accuse..Category: Criminal Law | Date: | Hits: 62
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