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Chandra Banu wife of Lalu Mallick Vs. State and anÂother, 1982, 11 CLC (HCD)
....Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ......and the learned Sub-Divisional Magistrate, Patuakhali, is directed to transmit the records of the case forthwith to the Sessions Judge, Patuakhali, for disposal in accordance with law. The Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoqu......…….Respondent Judgment August 25, 1982. Result: The Rule is made absolute with direction. Lawyers Involved: SK. Atiar Rahman - For the Petitioners. Moazzem Hossain, Deputy Attorney General - For the State. Criminal Revision No. 387 of 1979. Judgment Abdur Rahman ...... withdrawal,- (a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences." 3. Apart from the other requirements under the relevant law, the first essential preÂrequisite of an action under the aforesaid section is an application b..Category: Criminal Law | Date: | Hits: 94
Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)
....es to take a contrary view. We are, therefore, clearly of the opinion that the proceedings in question are not maintainable under the law and are, accordingly, liable to be quashed in the interest of justice. In the result, therefore, the Rules are made absolute and the respective proceedings qua......hing either in law or in the facts of the present cases to take a contrary view. We are, therefore, clearly of the opinion that the proceedings in question are not maintainable under the law and are, accordingly, liable to be quashed in the interest of justice. In the result, therefore, the Rules......resent: ATM Afazal J Md. Abdur Rouf J Mostafa Chowdhury & another......................Petitioners Vs. State & another........................Opposite-parties Judgment October 31, 1982. Result: The Rules are made absolute. Cases Referred to- Bhuban Mohen Das...... Magistrate, 1st Class, Sadar, Sylhet and Criminal Revision No.202 of 1980 arises out of C.R. Case No.1830 of 1979 of the Court of Sub-Divisional Magistrate, Sadar, Sylhet. Since a common question of law has been heard together they will be disposed of by this Judgment. We have heard the learned Adv..Category: Criminal Law | Date: | Hits: 87
Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
....rshid Alam Khan, the learned Advocate on appearing for the Petitioner submitted that both the Courts below has committed an error of law resulting in an error in the decision occasioning a failure of justice on misreading Ext. Ka and non-reading evidence of D.Ws. Mr. Khan has taken me to the Ext. Ka....... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ...... Alam Khan - For the Petitioner. Md. Sajjad Ali Chowdhury - For the Opposite Party. Civil Revision No.859 of 2002. Judgment Shahidul Islam J.- By this Rule the Opposite Party was directed to show cause as to why the impugned Judgment and decree dated 17.11.2001 passed by the Joint Distri......ved this Court and has obtained the instant Rule. 8. Mr. Md. Khurshid Alam Khan, the learned Advocate on appearing for the Petitioner submitted that both the Courts below has committed an error of law resulting in an error in the decision occasioning a failure of justice on misreading Ext. Ka and..Category: Family Law | Date: | Hits: 224
....dge erred in law in not allowing its such prayer for assistance to get such physical possession of the concerned properties.
Under such circumstances, the learned Advocate submits that for ends of justice and in exercising its jurisdiction as envisaged under Order XXI rule 98 of the Code, the nec......ing police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 425.
......r an amount of Tk. 1,26,25,902.40. In due course, the decree holder filed an execution case being Money Execution Case No.1 of 2003 in the Third Court of Artha Rin Adalat, Dhaka, when the Judgment-debtor failed to satisfy the decree in accordance with the direction of the Court but inspite of the be......rtha Rin Execution Case No.1 of 2003, rejecting an application under Order XXI Rule 98 of the Code of Civil Procedure read with Section 57 of the Artha Rin Adalat Ain, 2003, praying for deployment of law enforcing agency for handing over the possession of the suit property in favour of the decree-ho..
Category: Civil Law | Date: | Hits: 208
Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)
....f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ......f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ......n (Civil) Present: Shahidul Islam J Sree Babul Kumar Biswas…………………………Decree-Holder-Petitioner Vs. Sree Khudiram Jaladas…………………………Judgment-Debtor-Opposite Party Judgment March 25, 2007. Result: The Rule is made absolute. Case R......ing over possession through Court but the same has been done in advertently by the trial Court. Whenever the decree for execution was pending before him, he was empowered to execute the decree as per law, for handing over possession in the suit land. The view finds support from the case law reported..Category: Procedural Law | Date: | Hits: 253
....from paying her salary. The conduct of the defendants Petitioner are not fair. In view of the above I find that the exemplary costs is liable to be assessed against the defendants to meet the ends of justice. I find no merit in the Rule.
12. In the result, the Rule is discharged with a costs of T......ranted by this Court dated 23.11.2004 is hereby vacated.
13. The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 418.
......€¦â€¦â€¦â€¦Defendant-Petitioner
Vs.
Razia Sultana and others…………………Plaintiff-Opposite Parties
Judgment
March 18, 2007.
Result:
The Rule is discharged.
Case Referred to-
Secretary, Ministry of Education Vs. Anowar Hossain and others, 2 MLR (AD) 25.
Lawyers Inv......e President of the Managing Committee, she used to do whatever she liked. She being a teacher of the school appeared at the H.S.C. Examination as a regular student and that was not in accordance with law. She is still prosecuting with her studies in B.A class as a regular student. Under the circumst..
Category: Civil Law | Date: | Hits: 104
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
.... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ...... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ..........Pre‑emptee‑Petitioner Vs. Md. Joinal Abedin Talukder and 76‑others.............Opposite Parties Judgment August 20, 2002. Result: The Rule is discharged. Cases Referred to- Durga Choudhurain Vs. Jawahir Singh Choudhuri, 17 Indian Appeal 122; Ramchandra Vs. Ram Linga......warrants an inference of the relinquishment of such right, or when one dispenses with the performance of something he is entitled to exact or when one in possession of any right, whether conferred by law or by contract, with full knowledge of the material facts, does or forbears to do something the ..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
.... shall be returned to the person by whom the application was made, in order that the same may be presented to the District Judge, unless the District Delegate thinks it necessary, for the purposes of justice, to impound the same, which he is hereby authorised to do; and, in that case, the same shall......hich was also dismissed more or less on the same ground of the non-availability of the original 'Will' with the finding that probate cannot be granted on the basis of photostat copy of the 'Will' and accordingly affirmed the judgment and order passed by the District Delegate. 4. As such, the appl.....................Appellant Vs. Paresh Chandra Sutradhar..........................................Respondent Judgment February 16, 2002. Result: The Appeal is allowed. Case Referred to- AIR 1939, Calcutta 674. Lawyers Involved: SS Halder, Senior Advocate with HR Acharjee, ......judgment and order passed by the District Delegate. 4. As such, the applicant of the probate case has preferred this appeal mainly on the ground that the learned courts below committed an error of law in holding that without having the original 'Will', no probate can be granted. It has not been c..Category: Property Law | Date: | Hits: 113
....ng to support his case, purportedly acting under the undue influence of the respondent No.2 and 3, submitted a biased and motivated report on 20-5-1996 against the petitioner in complete disregard to justice and fair play. Thereafter, by a notice dated 26-5-1996, respondent Nos.2 and 3 asked the pet......him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 62.
......ther…………………Petitioner
Vs.
Board of Intermediate and Secondary Education, Comilla & others………………Respondents
Judgment
May 16, 2006.
Result:
Case Referred to-
Chairman, Bangladesh Council for Scientific and Industrial Research (BCSIR) Vs. Abdul Khalequ......ontending, inter alia, that the petitioner was supplied with a copy of the report of the Inquiry Committee and the dismissal order dated 5-6-1996 was passed after observing all the formalities of the law for the purpose. The respondents having no Service Rules of their own they usually follow and ap..
Category: Employment/Service Law | Date: | Hits: 205
Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)
....r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ......n filed by the petitioner for reconsideration of earlier order before the learned Joint District Judge referred to paragraph 8 of the said application where the petitioner placed before the Court as "according to mandatory provisions and settled principle of law related to Section 44A(1) of the Code...... another………………………Petitioners Vs. Janata Bank………………………Opposite Party Judgment August 1, 2010. Result: The rule is made absolute. Case Referred to- Sonali Bank Vs. Abidur Rahman. Lawyers Involved: Md. Mustafizur Rahman Khan, Advocate ......der before the learned Joint District Judge referred to paragraph 8 of the said application where the petitioner placed before the Court as "according to mandatory provisions and settled principle of law related to Section 44A(1) of the Code of Civil Procedure, the judgment and decree of Abu Dhabi C..Category: Civil Law | Date: | Hits: 168
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
....maintainable under section 17 of the Arbitration Act the same may be converted into a revisional application under section 115 of the Code of Civil Procedure. Be that as it may, we in the interest of justice, convert the Memo of appeal into an application under section 115 of the Code of Civil Proce...... set aside the award, the Courtshall after the time for making an application to set aside the award has expired or such application having been made, after refusing it, proceed to pronounce Judgment according to the award, and upon the Judgment so pronounced a decree shall follow, and no appeal sha......…….Petitioners Vs. Progati Prakaushali & another…………………………Opposite Parties Judgment May 13, 1996. Result: The application is rejected. Cases Referred to- 6 DLR 478; 8 DLR 305; PLD 1966 (Dhaka) 262; AIR 1941 (Sind) 111; 9 PLD 1960 (Lahore) 677; AIR......egal and without jurisdiction. The learned Advocate further submits that the arbitrator did not at all give any proper hearing to the appellant's side nor did he hold the proceeding properly and lawfully nor consider the legal evidence and the arbitrator misconducted the arbitration proceeding ..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abdul Latif Vs. Md. Sheesh, 1982, 11 CLC (HCD)
....The valuation matter is decided in favour of the plaintiff and the learÂned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ......The valuation matter is decided in favour of the plaintiff and the learÂned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ......atif………………………Petitioner Vs. Md. Sheesh………………………Opposite Party Judgment April 27, 1982. Result: The Rule is made absolute. Case Referred to- Kumudini Welfare Trust Vs. Pakistan, 11 DLR (Dacca) 57. Lawyers Involved: M.I. Farooqui......plaint. The suit came up for hearing in the trial Court regarding the valuation matter. The learned Munsif held that until and unless the sale-deed in question is set aside by a competent Court of law the said deed has got some bearing as to the ownership of the suit property which is capable of ..Category: Civil Law | Date: | Hits: 123
Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)
..... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ......e full broÂther and father of accused are also charge-sheeted as co-accused along with him, how could accused Humayun be singled out as being a victim of enmity. 9. It is now well settled that according of consent is not a mechanical process but a judicial consent to be exercised judiciou....... Result: The Rule is made absolute. Lawyers Involved: Shah Md. Sharif with Md. Nizamul Huq - For the Petitioner. Abdus Sobhan - For opposite party No.2. Moazzem Hossain, Deputy Attorney-General - For the State. Criminal Revision No. 257 of 1980. Judgment Abdur Rahm...... the petitioner has submitted that the alleged offence committed in 1974 could not have been in connection with the struggle for national liberation of Bangladesh or for maintenance or restoration of law and order and as such it did not come within the purview of section 2 of the Bangladesh National..Category: Criminal Law | Date: | Hits: 145
Abul Hosain Sikdar Vs. State, 1982, 11 CLC (HCD)
....nd forthÂwith. The rule is, accordingly, made absolute. Send down the records at once, Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 201. ......ngs in Non-G. R. Case No.1969C of 1970 pending in the Court of San-Divisional Magistrate is hereby quashed and the accused is directed to be discharged from his bail bond forthÂwith. The rule is, accordingly, made absolute. Send down the records at once, Anwarul Hoque Chowdhury J.- I agree......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment November 24, 1982. Result: The rule is made absolute. Lawyers Involved: M.A. Aziz - For the Petitioner. Moazzem Hossain, Deputy Attorney-General - For the State. Criminal Revision No.282 of 1979. Judgment Abdur Rahm......gaÂtion and re investigation were done without any order from the Magistrate but the same was sent to the Magistrate who apparently quite oblivious of the provisions of law took cognizance of the case and summoned the accused. We have, therefore, no hesi..Category: Criminal Law | Date: | Hits: 115
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
....to him the learned Judge of the trial Court failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 10. Mr. Parvin Hannan, the learned Assistant Attorney General appearing on behalf of the......n ocular testimony is concerned and the eye witnesses having been disbelieved against the majority of the accused should not be believed against the appellant without any independent corroboration so according to him the learned Judge of the trial Court failed to weigh and sift the evidence on recor...... Begum alias Rawshani……………………Appellant Vs. The State……………………Respondent Judgment December 14, 2005. Result: The appeal is allowed. Cases Referred to- Munsurul Hossain Vs. The State, 1 BLC 421; The State Vs. Basirullah, 16 DLR 189. Lawyers I......uld not be believed against the appellant without any independent corroboration so according to him the learned Judge of the trial Court failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice..Category: Criminal Law | Date: | Hits: 142
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....idual case without regard to authority or principle. Granting a specific performance is not to be claimed as matter of right. It is in the discretion of the Court and will not be done unless complete justice can be done by the party seeking it. Discretionary is not arbitrary or capricious but it mus......ndent submits that the plaintiff filed the suit for specific performance of contract directing the defendants to execute and register the sale deed in respect of suit land in favour of the respondent according to the agreement dated 19.12.1990 but the appellant failed to execute the sale deed inspit......…………….Appellants Vs. Md. Sekander Ali Haowlader…………………………………Respondent Judgment March 7, 2007. Result: The appeal is allowed. Cases Referred to- Rash Behari Moshalkar Vs. Hiron Baja Debi and another, 1985 BLD (AD) 51; Silver Estate Ltd. V...... the defendant were going to sell the suit land to others; that the plaintiff then lodged a GD entry No.1450 on 19.03.1998 at Tajoan Police Station; that the plaintiff served a legal notice through a lawyer to the defendant Nos.1 to 3 requesting them to execute and register a sale deed in favour of ..Category: Civil Law | Date: | Hits: 102
....et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
......et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
......itioner
Vs.
Bangladesh and others................................................................Respondents
Judgment
March 15, 2003
Result:
The Rule is discharged.
Case Referred to-
Union of India Vs. Ganapatrai Sagarmull, AIR 1983 Cal 14.
Lawyers Involved:
Dr. Kamal H......dinance, 1982 as well as the Rules framed under the Drugs Control Act, 1940 can co‑exist and the petitioner as the users and manufacturers of homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act.
6. Out of 7 res..
Category: Others | Date: | Hits: 341
Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)
....d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ......d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ...... Abdus Samad @ Md. Abdus Samad.............................Petitioner Vs. The State..........................Respondent Judgment November 27, 2011. Result: This petition for leave to appeal is dismissed. Case Referred to- Md. Abdul Majid Barker Vs. The State 40 DLR (AD) 83.......im Khorshed Ali. The head of the victim was broken and he fell on the ground and the other accused persons indiscriminately physically assaulted the victim, the informant, her daughter and her son-in-law. As the witnesses rushed to the scene, the accused persons ran away. The witnesses then took the..Category: Criminal Law | Date: | Hits: 116
....t the question of locus standi of the petitioner. In that case it has been held by their Lordships that when an authority over‑steps or commits breach of rule or even breach of principle of natural justice. the aggrieved person can file and maintain a writ petition. In the instant case the respond...... for the year 1996‑1997 beginning from 1st July, 1996. The tender was opened on 21‑4‑96 in which the petitioner was the lone bidder. The authorities then decided to go for the second tender and accordingly, a second tender notice was published in the national dailies. On 14‑5‑96 bids were ......lway Division, Bangladesh Secretariat, Dhaka and Others………………………………….Respondents
Judgment
January 27, 1997.
Result:
The Rule is made absolute.
Cases Referred to-
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh and others case, BLD 1987 (AD) 106; M......ling upon the respondents to show cause as to why the order dated 2‑6‑96 (Annexure‑C) issued by the respondent No.3 in favour of respondent No.5 should not be declared to have been made without lawful authority and is of no legal effect.
2. The following is the brief case of the petitioner...
Category: Civil Law | Date: | Hits: 178
....etitioners on an erroneous view of law and facts, ignoring material pieces of evidence, affecting the ultimate decision of the case and, as such, the same is liable to be set aside in the interest of justice.
In the result, the Rule is made absolute with cost which we assess of Taka 2,000.00 (two...... we finished a substantial part of the Judgment Mr. KMS Saifuddin Ahmed, the learned Deputy Attorney‑General, appeared before us and prayed for time for filing an affidavit‑in‑opposition which, according to him, was under process of preparation, but his prayer at that stage of the proceedings ......…………Respondents
Judgment
March 12, 1997.
Result:
The Rule is made absolute.
Lawyers Involved:
Masood R Sobhan, Advocate ‑ For the Petitioners.
Saifuddin Ahmed, Deputy Attorney‑General - For the Respondents.
Writ Petition No.1514 of 1992.
Judgment
Gour Gopal ......itioners, there was no occasion for the Government for enlisting the case property in the list of abandoned buildings and, as such, the impugned Gazette Notification is illegal, arbitrary and without lawful authority. Mr. Masood R Soblian further submitted that having regard to the admitted fact tha..
Category: Property Law | Date: | Hits: 116
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