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Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
....tions should not be declared to have been made without any lawful authority and of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts of the respective cases which have given rise to the Rules are, briefly, stated as follows: .....................Petitioner [Writ Petition No. 2195 of 1993] Rabiul Karim…………………………….Petitioner [Writ Petition No. 2195 of 1993] Vs. Principal, Chittagong Medical College and others.....................Respondent Judgment May 17, 1994. Result: The Rules are a......93 calling upon the respondents to show cause as to why the impugned order of expulsion dated 20-10-93 of the petitioners as students of Chittagong Medical College passed by the Respondent No.1 as evidenced by Annexure-13 to the petitions should not be declared to have been made without any law..Category: Others | Date: | Hits: 168
Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)
....f the legal implication involved, to hear both sides again and, at our request, Mr. Abdul Wadud Bhuiyan, learned Additional Attorney‑General, appeared to assist the Court as amicus curiae. Short facts of the Revision Cases are, that plaintiff‑petitioner Ansarul Hoque filed these three suits a......‘ For the Opposite Party. Abdul Wadud Bhuiyan, Advocate - Amicus Curiae. Civil Revision Nos.1007‑1009 of 1995. Judgment Md. Abdul Karim J.- Civil Revision Nos.1007 of 1995, 1008 of 1995 and 1009 of 1995 are directed against the orders dated 30‑8‑94 passed by the learned Subordinate...... This amount to be payable after two years. Interest at the rate of Rs. 5.4.0 percent per year to be charged." 11. It was held that the document was a deposit receipt and not a promissory note. It evidenced the deposit of the sum mentioned and that it was to be repayable on demand after the expir..Category: Civil Law | Date: | Hits: 87
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ing in the Court of the Chief Judicial Magistrate, Rangpur (Annexure-A) should not be declared to have been initiated and issued without lawful authority and is of no legal effect. 2. The relevant facts, for disposal of this Rule, in short, are that on 18-4-2008 one Md. Hasan Ferdous Sarker, Seni......e Penal Code read with Section 5(2) of the Prevention of Corruption Act, 1947 pending in the Court of the Chief Judicial Magistrate, Rangpur (Annexure-A) should not be declared to have been initiated and issued without lawful authority and is of no legal effect. 2. The relevant facts, for disposa......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54...Category: Anti-Corruption Laws | Date: | Hits: 142
SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)
.... 2004 and affirming those of dated 16-2-2004 passed by learned Joint District Judge, second Court, Dhaka rejecting an application for temporary injunction in Title Suit No.350 of 2003. 2. Material facts are that on 23-9-2003 plaintiffs instituted Title Suit No.350 of 2003 in the second Court of J...... This Case is also Reported in: 16 BLC (HCD) (2011) 51.......6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51...Category: Civil Law | Date: | Hits: 111
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ce no notice was served upon the plaintiffs under section 92(3) of the SAT Act, and in view of the decisions referred herein-above, we hold that the suit is not barred by limitation. 46. Under the facts and circumstance of the case, we are of the view that since the sale deeds executed in favour ......is Case is also Reported in: 16 BLC (HCD) (2011) 37....... law. Section 68 of the Evidence Act, runs as follows: "68. Proof of execution of document required by Law to be attested.- If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for purpose of proving its execution, ..Category: Property Law | Date: | Hits: 147
Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....r complied with by the Bank. Order dated 30.8.87 further reveals that the certificate officer directed the Bank to submit its acÂcount in details. The Bank did not comply with this order also. These facts proved that without being satÂisfied, the certificate officer issued the notice for realÂisa......is Rule Nisi was issued calling upon the respondent to show cause why the proceeding in the Certificate Case No.Shilpa-1/86-87 pending before the General Certificate Officer (Respondent No.1). Sylhet and the notice dated 29.2.88 issued by respondent No.1 in the aforesaid Certificate case should not ......o the terms of the previous agreements. For recovery of such claim, the legislature has laid down a procedure in article 33 where the industrial concern is given a right to file objection and advance evidence. In the case of BanÂgladesh Shilpa Bank Vs. Bangladesh Hotels Ltd. reÂported in 38 DLR (A..Category: Civil Law | Date: | Hits: 171
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....y filing a counter-affidavit in this Court has also submitted that the suit is barred by res judicata and as such not mainÂtainable. 11. Let me now examine the relevant proviÂsions of law in the facts and circumstances of this case and see whether the contention of the learned Advocate for the ......vocate—For the OpÂposite Parties. Civil Revision No.74 of 1986. Judgment Muhammad Ansar J. - The Rule issued at the instance of the plaintiff-petitioners is directed against the judgment and order dated 28.12.85 passed by Mr. Md. Shamsher Ali, Subordinate Judge, Kushtia in Misc. Appeal ......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ..Category: Procedural Law | Date: | Hits: 174
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
.... also was examined under section 342 CrPC when he again pleaded not guilty but did not examine any defence witness and only submitted some papers. The learned Special Tribunal on consideration of the facts and circumstances of the case and the evidence on record was pleased to find the accused appel......ate…………………………Opposite Party Judgment June 19, 1994. Result: The appeal is dismissed with modification of sentence. Cases Referred to- Firoza Begum Vs. Harmuz Ali and another, 40 DLR 161; Nurul Islam & others Vs. State, 40 DLR 122; Nurul Islam Vs. State, 27 D......en he again pleaded not guilty but did not examine any defence witness and only submitted some papers. The learned Special Tribunal on consideration of the facts and circumstances of the case and the evidence on record was pleased to find the accused appellant guilty under section 6 of the Cruelty t..Category: Criminal Law | Date: | Hits: 135
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......ted in: 48 DLR (HCD) (1996) 226. ......ether vested or contingent, of the value of one hundred takes and upwards, to or in immoveable property." I find that the Appellate Court's findings are on the basis of proper appreciation of the evidence on record both oral and documentary which also rightly found that plaintiff alone does not ..Category: Property Law | Date: | Hits: 123
Abdus Satter Bhuiya Vs. Deputy Commissioner Dhaka & Others, 1988, 17 CLC (HCD)
....nd there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summariÂly. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ......gment Mahmudul Amin Chowdhury J.- This is an application under section 561A of the Code of Criminal Procedure preferred for quashing the proÂceedings of D.A.B. Non F.I.R. Case No.717 dated 6.8.86 and D.A.B.G.R. No.76 of 1986 under secÂtion 175 of the Penal Code. 2. The petitioner's case, in ......nd there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summariÂly. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ..Category: Procedural Law | Date: | Hits: 118
Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
....m invited to examine the legality of the Judgment and decree dated 27.12.87 passed by the learned Assistant Judge and Small Cause Court Judge in Small Causes Court Suit No.6 of 1984. 2. The facts relevant for the purpose of disposal of the Rule are that the petitioner as plaintiff in&......er Vs. Abdul Rashid Khan & others .............Opposite Parties Judgment June 22, 1989. Result: The rule is made absolute. Cases Referred to- M/s. A. Haque and Co. & another Vs. Alhaj Zakir Hossain, 40 DLR (AD) 109; M/s. Binning & Co. (Bangla-desk)......e learned Advocate appearing for the opposite parties, has submitted by making reference to the case of Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 40 DLR (AD) that in view of the pleadings and evidence on record the present case is an example of waiver and acquiescence and as such although th..Category: Tenancy Law | Date: | Hits: 214
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
....ioner, Dinajpur to show cause as to why the proceedings of Special Tribunal Case No.2 of 1989 pending in the Court of Sessions Judge (Special Tribunal No.1), Dinajpur should not be quashed. 2. The facts of the case, briefly stated, are:— Naik Subedar Majibur Rahman, B.D.R. DinajÂpur lodged ...... Result: The Rule is made absolute. Cases Referred to- 29 DLR 428; 30 DLR 125; 31 DLR 242-243; Md. Kalu Bhuiya alias Kalu Vs. Special Tribunal No. II, 30 DLR 125; Nuru alias Nurul IsÂlam and others Vs. State and another 31 DLR 241; Siraj Mia Vs. Bangladesh and another; Zahidul Haque Vs....... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ..Category: Criminal Law | Date: | Hits: 103
Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ......vision No.607 of 1985. Judgment Md. Mozammel Hoque J. - In this Rule issued under section 115 of the Code of Civil Procedure the opposite party was directed to show cause as to why the judgment and order dated 25.8.85 passed in Miscellaneous Case No.66 of 1985 by the ComÂmercial Court No.II a......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ..Category: Civil Law | Date: | Hits: 119
Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)
....ted that they had no knowledge about the recovery of arms and they put their respective signature on a white paper, as the police asked them to do so. 26. Now, let us consider whether in the above facts and circumstances, the conviction can be based putting reliance upon the evidence of police pe......ssistant Attorney-General - For the State. Criminal Appeal No.3801 of 2004. Judgment M Enayetur Rahim J.- Convict Md. Delwar Hossain has preferred this appeal being aggrieved by the judgment and order dated 21-9-2004 passed by the Metropolitan Special Tribunal No.10, Dhaka in Metropolitan S...... 6. At the time of trial prosecution in all examined 9 (nine) witnesses to prove its case. The prosecution witnesses were cross-examined by the defence, but the defence did not adduce any witness or evidence on its own. 7. From the trend of the cross-examinaÂtion, the case of the defence, in sh..Category: Criminal Law | Date: | Hits: 128
Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
....the proposal and prepared a summary recommending approval of purchase by the Prime Minister. 8. Mr. Sheikh Fazle Noor Taposh, learned Counsel appearing for the petitioner submits that in the above facts and backgrounds petitioner being a Prime Minister of the country has committed no offence as s...... Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment May 18, 2010. Result: The rule is......low the process of the criminal Court to be continued against the petitioner. 9. Mr. Syed Mizanur Rahman, learned Advocate appearing for the Anti Corruption Commission submitted that before taking evidence the above facts cannot be decided, although no counter affidavit has been filed on behalf o..Category: Criminal Law | Date: | Hits: 106
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....lso considering the greater interest, smooth and congenial atmosphere in the school, adopted the resolution dated 24‑6‑86 and the plaintiff was relieved from the charge; that in view of the above facts and circumstances, the plaintiff is not entitled to any relief as prayed for. 6. The trial ......Case is also Reported in: 48 DLR (HCD) (1996) 472. ......decide whether the services of a probationary are satisfactory or not and the civil Court cannot sit in Judgment over the decision of the management. The management is, therefore, not bound to adduce evidence as to particulars of the unsatisfactory work before the civil Court. The termination for po..Category: Employment/Service Law | Date: | Hits: 166
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....icult to say that divorce cannot be effected after a long lapse of time while husband deposed in the dock that he divorced his wife on 25-5-92 and power of Court can be ousted. 24. Considering the facts and circumstance of the case and the above discussion I am of the opinion that both the Courts......ul J Md. Nurul Islam………………. Petitioner Vs. Nur Ayesha Begum........... Opposite-Parties Judgment May 31, 2007. Result: The Rule is discharged. The impugned judgment and decree passed by the appellate Court is upheld with modification. Lawyers Involved: No one......be discharged. 4. During the trial plaintiff produced two witnesses on the contrary defendant examined three D.Ws. to prove their respective cases. 5. The trial Court after consideration of the evidence on record decreed the suit in part and declared that the plaintiff is entitled to get only ..Category: Family Law | Date: | Hits: 202
Eliadah McCord Vs. State, 1995, 24 CLC (HCD)
....ort Ext.20 at the relevant place in the judgment. 8. Mr. Md. Obaidur Rahman Mostafa, the learned Advocate appearing for the appellant, frankly submits that it is difficult for him to challenge the facts as to how and where these four packets of objectionable goods were recovered from the private ......s Case No. 2085 of 1995] Judgment August 9, 1995. Result: The appeal is allowed in part. Lawyers Involved: Obaidur Rahman Mostafa with Farid Ahmed, Syed Khalequzzaman, Bahreen Khan and Rezeen Taheer, Advocates ‑ For the Appellant. M. Shamsul Alam, Deputy Attorney General ‑ ......International Airport. The trial Court also considered the confessional statement of the present appellant as well as her statement taken under section 342 of the Code of Criminal Procedure. From the evidence on record it appears that the carrying of four packets of objectionable goods by the appell..Category: Criminal Law | Date: | Hits: 162
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....espondent No.2 in favour of Sultan Uddin Bhuiyan, the predecessor of the respondent Nos.1-3. Leave was granted to consider on two points, namely; the defect of parties and the limitation. 3. Short facts which gave rise to the instituÂtion of the pre-emption proceeding are as follows: Elahi Bo...... Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Habibur Rahman Bhuiyan (Md.) and others..................Appellants Vs. Galman Begum and others………………………â......tified in disturbing the findings of fact arrived at by the Court of appeal below holdÂing that the case is barred by limitation and bad for defect of parties, which are based on appreciation of the evidence on record. 7. Mr. Mahbubey Alam, learned counsel appearing for the pre-emptees appellant..Category: Property Law | Date: | Hits: 138
Makbul Ali & others Vs. Manwara Begum & others, 1987, 16 CLC (HCD)
....o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181.......omplainant filed a petition of complaint in the Court of Upazila Magistrate, Chhatak, District Sunamganj alleging that she is the married wife of Mokbul Ali. The marriage was solemnised on 16.04.1974 and out of that wedlock a son, now aged about 10 year and a daughters now aged about 7 years were bo......o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181...Category: Family Law | Date: | Hits: 193
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