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GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....ant tenant contested the suit by filing written statement denying the material allegations of the plaint contending inter alia that since long before, the predecessor of the defendant tenant having good relationship with the predecessor of the plaintiffs entered into two agreements for monthly ten......dlords upon the defendant tenant along with the registered receipt with A/D (Exhibit "Ga", which has also been marked as Exhibit 2 series). 7. Upon considering the pleadings and the evidences on record, both oral and documentary, the learned Jude held that the suit is maintainable, the same is ......9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493...Category: Tenancy Law | Date: | Hits: 190
Mohammad Selim Vs. State, 2012, 41 CLC (AD)
.... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:......onding to G.R. No.686/2000. 3. The Investigating Officer took up the case for investigation. He visited the place of occurrence, prepared the sketch map with index, prepared inquest report and recorded the statement of witnesses under section 161 of the Code of Criminal Procedure. After compl...... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 98
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
.... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......on. 11. We have considered the submissions of the learned Advocate-on-Record for the parties concerned and perused the impugned judgment of the High Court Division and other connected papers on record. 12. From the facts as narrated it appears prima facie that the accused-petitioner adm...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 90
State Vs. Md. Kamal Uddin alias Pichchi Kamal, 2012, 41 CLC (AD)
....legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......llant-respondent. 3. Police took up the case for investigation. During investigation the investigating officer visited the place of occurrence, seized the alamots, prepared the seizure list and recorded the statement of witnesses under section 161 of the Code of Criminal Procedure. After concl......legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 119
Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)
....ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ......vision. 9. We have considered the submissions of the learned Advocate for the parties concerned and perused the impugned judgment and order of the High Court Division and other connected papers on record. 10. We find merit in the submissions of the learned Advocate for the petitioners. 11.......ogical since they have no experience in this type of work and also since the right of the petitioners to be promoted is being curtailed by the newly promulgated rules. They further claimed that their service conditions cannot be changed to their detriment. The writ petitioners had been selected for ..Category: Employment/Service Law | Date: | Hits: 222
....h the impugned judgment and order passed by the High Court Division is liable to be set aside”.
Preparation of paper book, as prayed for, is dispensed with.
This Case is also Reported in:......sed by Bashir Uddin and Ishak Miah vide Certificate Case No.24303 of 1958 and the auction took place on 02.06.1964; that after purchase Bashir Uddin and Ishak Miah got possession therein but the S.A. record was wrongly recorded in the name of Champa Debi; that the certificate purchaser Ishak Miah so......h the impugned judgment and order passed by the High Court Division is liable to be set aside”.
Preparation of paper book, as prayed for, is dispensed with.
This Case is also Reported in:..
Category: Property Law | Date: | Hits: 181
....et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479....... against the defendants seeking for a declaration that he was entitled to allotment of suit plots and that suit was dismissed upto the 1st Appellate Court.
6. Upon consideration of the evidence on record the learned Joint District Judge decreed the suit by the impugned judgment and decree dated 5......et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479...
Category: Property Law | Date: | Hits: 118
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
.... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ...... appreciate this submission of the learned Advocate of the decree-holder-opposite party. 8. Heard the learned Advocate, perused the revisional application, the impugned judgment and orders and the records. From the order dated 11-1-2004 passed by the learned Assistant Judge it appears that in pas......he decree holder opposite party No.1 has been serving as a Teacher of Bengali Department of Barman Islamia Senior Madrasha since October, 1987. The Governing Body of the Madrasha dismissed him from service on 8-10-1989 and thereafter the decree holder opposite party as plaintiff instituted other..Category: Civil Law | Date: | Hits: 166
Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
....er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ...... benefit of doubt. 14. In the result, the rule is made absolute. Judgments, passed by the Courts below are set aside. The petitioner is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Repor......impur, Dinajpur, son of late Jahur Meah, of village Birampur Bazar, Police Station Birampur, District Dinajpur alleging that she voluntarily took LPR on 28-2-2007 and she placed her bill along with service book before the accused for preparing papers and documents for pension and lump grants on 28..Category: Criminal Law | Date: | Hits: 87
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......udge, Satkhira the pre-emptees as petitioners obtained the present Rule. 5. Mr. Bivas Chandra Biswas, the learned Advocate appearing for the petitioner has taken us through the entire materials on record including the two judgments and then submits that the learned District Judge as appellate Cou......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449...Category: Property Law | Date: | Hits: 79
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......ightly passed the judgment and order which should not be disturbed. 8. Upon hearing the learned Advocate and perusal of the impugned judgments and orders of the Courts below and other materials on record it appears that there have arisen the question of investigation of title of the pre‑emptor ......old in execution of any money decree in any money execution proceeding any alienation by the judgment debtor does not come within the purview of the doctrine of lis pendens in absence of the proof of service of notice under Order XXI, rule 54 of the Code upon the alienor or the alienee as the case m..Category: Property Law | Date: | Hits: 132
Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
....c) shall apply only in cases of orders springing out of Suits. (Emphasis put) 5. Our Appellate Division in Belayet Hossain and another Vs. Md. Abu Taher and others, 32 DLR (AD) 231 taking stock of good number of authorities held that no appeal lies against an order dismissing an application made ......usion is highly disapproved. (Emphasis laid) 10. On conspectus, Rule arising out of a petition under section 115 of the Code carries merit. Rule, thus, is made absolute. Judgment dated 2-11‑1999 recorded by learned Subordinate Judge and Artha Rin Adalat, Kushtia in Miscellaneous Appeal No.5 of ......No.5 of 1998 on setting aside order dated 2‑2‑1999. 3. Pre‑emptor petitioner, thereafter, approached this Court in invoking jurisdiction envisaged under section 115 of the Code pressing into service ground that appellate Court had no jurisdiction to entertain appeal and Order XLIII, rule 1(..Category: Procedural Law | Date: | Hits: 104
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....faith towards the company of which they were the directors, But, if it was once established that the company was in need of additional funds and that the fresh issue was decided upon in order to make good those funds, then, whatever other motives might have actuated the directors, the Court will not......otic manner. He holds no meetings of the Board of Directors. All decisions are taken by him arbitrarily. Whatever meeting of the Board of Directors were held he kept no minutes of such meeting and he recorded no observations, comments, deliberations and objections made by other directors. The Annual......lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ..Category: Company Law | Date: | Hits: 225
Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
....not used by the detaining authority as grounds of detention but were in fact introductory to the actual grounds of detention set forth in the latter part and, as such, must be ignored. 22. When good grounds and bad grounds are mixed up and it cannot be ascertained which grounds actually led to...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ..Category: Constitutional Law | Date: | Hits: 299
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......mate rights and dues and had in effect caused serious uncertainty as to their future prospect in service by obstructing formalisation of absorption process and their seniority in the unbroken service record which is otherwise due as in the normal course under the law and equity. The petitioner and o......itioner should not be absorbed in the BCS (Customs and Excise) Cadre with immediate effect and why the petitioner’s seniority should not be counted from the date of his first joining the government service as per government’s decision of seniority of surplus personnel as published in the office ..Category: Employment/Service Law | Date: | Hits: 216
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
.... a power of attorney issued by the Government of Qatar in favour of his firm M/s. Shahbaz International, Topkhana Road, Dhaka and proposed to do joint business in N.O.C. Visa with him. Complainant in good faith believed the statement of the accused and said that returning to Bangladesh in consulta......bsconding, the Chief Metropolitan Magistrate asked the sureties to produce him in Court within 21.04.1985. But on 18.04.85 the Sessions Judge, Chittagong stayed further proceedings and called for the record in Criminal Motion No.261/85. 6. In the petition before this Court the case for the defenc......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ..Category: Criminal Law | Date: | Hits: 362
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......he submits that considering the facts of the case and the principle laid down in the above decisions the appeal is liable to be dismissed with costs. 10. Heard the learned advocates, perused the record and the decisions referred above. On perusal of the record, it appears that the learned Distr......ation upon appointing Mr. AFM Mesbahuddin, a former Judge of the High Court Division, as her Arbitrator and requested the seller appellants to appoint their Arbitrator within 30 days from the date of service of the said notice failing which the purchaser respondent would have no alternative but to..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......empt of Courts Act, 1926 but also, under Article 108 of the Constitution of Bangladesh. Article 108 of the Constitution of Bangladesh reads as under: "108. The Supreme Court shall be a court of record and shall have all the powers of such a court including the power subject to law to make an o......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535...Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
.... developing friendly relations with all other countries. It is denied that the detenu is associated with any activity prejudicial to sovereignty of Bangladesh or prejudicial to the maintenance of good relationship with other friendly countries. It is emphatically asserted that the allegations co......the Constitution and thus being illegal and improper is of no legal effect. The learned Counsel submits that the satisfaction of the detaining authority has not been derived from the materials on record and exercise of the independent application of mind and might have been influenced by the bia...... and circumstances of the case. It is further pointed out that the first phase of the grounds relate to the activities of the remote past at the time when those grounds were considered as commendable service to the country and its people but the self‑same grounds have been used surprisingly agai..Category: Criminal Law | Date: | Hits: 156
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
....assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ......laintiffs filed the suit for permanent injunction for restraining the defendants from entering into the suit land. 4. The defendant appeared and filed written statement. His case is that jote recorded under CS Khatian No.285 of Mouza Mirpur along with other lands under different Khatians bel......assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ..Category: Civil Law | Date: | Hits: 166
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