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Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....aw in force at the time of commission of the act charged as an offence and as such the Money Laundering Protirodh Ain of 2009 and the Metro Special Case No.126 of 2010 are in violation of fundamental rights guaranteed under Articles 44 and 35(1) of the Constitution and should be declared to have bee......our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others…Respondents Judgment June 2, 2011. ......om one Begum Khadija Islam, Chairman of Nirman Construction with assurance that an work order would be awarded to her for construction of an eighty (80) MW capacity power station in Tongi, BISIC Industrial Area through his close friend and business partner Tarique Rahman, the petitioner and being in..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
.... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386.......lice Station Case No.11 dated 23.8.1978 under sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947 now pending in the court of Divisional Special Judge, Khulna Division, Khulna for should not be quashed and or pass such other or further order or orders as to this Court may see......y Judgment August 31, 1992. Cases Referred To- Hoshear Singh Vs. The State, AIR 1988 Punjab 312; Hamdeo Sudhi Vs. The State, AIR 1958 Orissa 20; Superintendent and Remembrancer of Legal Affairs, WB Vs. Mohan Singh & others, AIR 1975 (SC) 1002; Md. Shafiqullah versus The State, 33 DLR...... 3. On completion of the investigation, Mr. Abdullah Chowdhury, ACOBAD, submitted charge‑sheet No.84 dated 20.12.1980 against the accused petitioners and others and accordingly they were placed on trial under sections 409/109 of the Penal Code read with section 5(2) of Act 11 of 1947. 4. It is..Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
....l for the petitioners has frankly admitted that as per decisions given by the superior courts including the Appellate Division of the Supreme Court of Bangladesh there is no doubt about the fact that right of pre‑emption accrues from the date of registration of the document sought to be pre‑emp......by the Assistant Judge, Sadar, Sylhet in Misc. Case No.40 of 1990 should not be set aside or pass such other or further order or orders as to this court may deem fit and proper. 2. Facts necessary for disposal of the Rule are as follows: Opposite party No.1 filed Misc. Case No.40 of 1990 in th...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ......lour of an exchange and the land shown to have been exchanged for the schedule land was fictitious and non‑existent. The present petitioner being the pre‑emptee on 20.5.90 filed a petition in the trial Court for rejection of the pre‑emption petition on two grounds, namely; (1) the document sou..Category: Property Law | Date: | Hits: 89
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....nable and the suit was hit by the proviso to section 42 of the Specific Relief Act. Section 42 of the Specific Relief Act runs as follows: "Any person entitled to any legal character, or to any right as to any property may institute a suit against any person denying, or interested to deny, his......Bank and ors…………………….Respondents Judgment November 3, 1991. Cases Referred To- Manager, Personnel Division Vs. Md. Sozahan Miah & others, 35 DLR 224; High Commissioner for India and another Vs. IM Lall, AIR 1948 Privy Council, 121; 52 CWN 761 (PC); Yusaf Ali Khan Vs. ......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ......fendant‑respondents have not violated the Bank Service Regulations as the case of the appellant was enlisted on 21.7.81, before the adoption of the new Service Regulations on 12.9.8 1. 4. At the trial the appellant examined 2 witnesses including himself in support of his case and the respondent..Category: Employment/Service Law | Date: | Hits: 71
....Suit No.29 of 1992 long before filing the suit and the same was affirmed up to the Appellate Division in F.A. No.29 of 1996 and C.P.L.A. No.191 of 2004 respectively and as such the trial Court bellow rightly dismissed the suit on assigning sound reason.
11. These are the points which were argued ......by the learned Judge, Artha Rin Adalat, Khulna in Artha Rin Suit No.103 of 2001.
2. The brief facts of the case are that the appellant as plaintiff- Bank instituted Artha Rin Suit No.103 of 2001 before the Artha Rin Adalat, Khulna impleading the respondent-defendants for recovery of its outstandi...... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
......etween the parties be cancelled and for recovery of compensation to the tune of Tk. 25 Lac and the said suit was decreed on contest and as such the suit is barred by law of res judicata.
4. At the trial plaintiff examined 1 witness namely PW-1 and the defendant-company also examined 1 witness nam..
Category: Civil Law | Date: | Hits: 217
....42 of the S.R. Act in as much as the plaintiff has been occupying some establishments built on suit property and has been receiving a portion of the rental income of the suit property and that these rights as well as the title of the plaintiff has been lawfully declared in favour of the plaintiff. ......istrict Judge, 1st Court, Khulna in Title Suit No.49 of 2002 should not be set aside and/or such other or further order or orders passed as to this court may seem fit and proper.
2. Relevant facts for the disposal of this rule, in brief, are that, Khulna Naitto Nikatan represented by its Executiv......ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
...... request of some cultural minded people of the locality. In support of the plaintiff’s case, it has examined four persons as witnesses. It has also adduced and proved certain documents before the trial court which were marked as Exhibits-1 to 13.
3. The Defendant-Appellant-Petitioner conteste..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......vice under the respondent No.5 he opened a monthly saving scheme account as provided by the respondent No.5. The respondent No.5 attracted a good number of clients in the process. The institution was formed and created by an Article of Memorandum registered under Joint Stock Companies and Firms wher......leged to have been deprived of the fruit of the court’s decree for more than a decade. The court has fallen on the appellant with heavy hands to express its disgust. But the appellant has not had a fair even handed and objective treatment in the hands of the High Court Division.” In that deci......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 115
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
.... Abdul Hakim has been implicated in this case at the instance of P.W.6 Md. Kowser Ali with whom he had enmity. The further case of appellant Abdul Hakim is that the vouchers and bills are correct and rightly paid and that this Kowser Ali was an employee of Meherpur Upazila Education Office and was p...... Chowdhury (In Criminal Appeal 1143 of 90) - For Appellant. Criminal Appeal No. 1180/90 with Criminal Appeal No. 1143/90. Judgment Mahmudul Amin Chowdhury J.- These two appeals are taken up for judgment together as both the appeals arise out of the same judgment earlier passed by the learn......e appellant Alfazuddin Ahmed, submits that the prosecution by adducing evidence failed to prove that this appellant Alfaz has created any false document for his own gain and such being the state of affairs he cannot be held guilty of the charge levelled against him. He also submits that the confessi......lso been ordered that for the misappropriated amount this appellant was fined Tk. 26,000.00 and for the realisation of the amount his movable and immovable properties be confiscated to the State. The trial Court also found appellant Alfazuddin Ahmed of Criminal Appeal No.1143/90 guilty of the charge..Category: Criminal Law | Date: | Hits: 84
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....s as described in the schedule of the plaint. The suit land originally owned and possessed by Prokash Chandra Bhattacharja who while in possession settled the suit land with Manada Sundari in tenancy right and Manada Sundari while in possession of the suit land entered into a contract for sale of th......ssed by Prokash Chandra Bhattacharja who while in possession settled the suit land with Manada Sundari in tenancy right and Manada Sundari while in possession of the suit land entered into a contract for sale of the suit land with plaintiff for a consideration of Tk.400.00 and received earnest money......ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......of attesting witness P.W.2, Abdul Gofur Khan and P.W.3 Abdul Latif. But he could not place reliance on their testimony and on consideration of the evidence on record concurred with the finding of the trial Court and held that the bainanama Ext.2 is a forged and fabricated document. 7. It is submi..Category: Procedural Law | Date: | Hits: 105
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....e two suits are not same. She contends that in the earlier suit filed by the petitioner the relief sought for was that the petitioner is the owner of the land in suit and preparation of the record of rights in the name of the Government under khas Khatian was wrong. In the subsequent suit also the r......he petitioner in Title Suit No.92 of 1983. 2. The petitioner instituted Other Suit No.650 of 1978 on 13.6.1978 in the Court of Munsif, Sadar Mymensingh, against the opposite party No.1 and another for declaration of title in respect of 0.15 acres of land appertaining to plot No.2263 of CS Khatian......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ......f at Upazila, Fulbaria, was transferred there and was renumbered as Title Suit No. 92 of 1983. The petitioner on 2.6.84 filed an application under section 10 read with section 151 CPC for staying the trial of the Title No.92 of 1983 till disposal of Other Suit No.650 of 1978 on the ground that the m..Category: Property Law | Date: | Hits: 68
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....tion of the petition dated 30.5.85 of the opposite parties Nos. 3 and 4 has been in clear violation of the appellate Court's direction. It may be recalled that the learned Subordinate Judge proceeded rightly in compliance with the appellate Court's direction, vide his order dated 1.7.86. This approa...... others…………..Opposite Parties Judgment April 1, 1993. Case Referred To- Secretary, Ministry of Food Vs. M/s. MF Limited, 44 DLR (AD) 166. Lawyers Involved: Shahabuddin Ahmad for Nizamuddin Haider, Advocates ‑ For the Petitioner. Abdur Rahman with Syed Golam Motafa, Adv......1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ......order Mosharraf Hasan and Mokbul Hussain Khan filed Misc. Appeal No.53 of 1984 which was in due course dismissed by the learned District Judge on 17.4.85 with some observations and direction upon the trial Court as follows: "The first and foremost point that the trial Court should decide since it..Category: Procedural Law | Date: | Hits: 77
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
.... Ali, Nayab Ali, Kudrat Ali, Hossain Ali and Rustam Ali, and these 6 brothers made an amicable partition of the land in suit. Rustarn Ali died leaving Lal Md. who lived with Amir Ali and CS record of right was prepared accordingly. Lal Md. died leaving his uncle and mother. Hossain Ali and Kudrat Al......l District Judge affirmed the decree of the trial Court. 3. Plaintiff respondent Abdul Hamid and others filed a Partition Suit being T.S. No.31 of 1960 in the 4th Court of Subordinate Judge, Dhaka for partition in respect of the land appertaining to CS Khatian No.11 of Mouja Pakiabad PS Kapasia D......rned Additional District Judge misread and misconstrued the judgment and decree Ext. C‑2 and erred in holding the transaction was between plaintiff and his step‑mother Azufa which was a private affair in which other co‑sharers were not concerned. The learned Additional District Judge did not c...... 3rd Court, Dhaka in Title Appeal No.325 of 1963 affirming those of dated 31st July, 1963 passed by Subordinate Judge, 4th Court, Dhaka in Title Suit No.31 of 1960. 2. The said suit was decreed by trial Court and on appeal the learned 3rd Court of Additional District Judge affirmed the decree of ..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
....ecuted and registered by Roushan Ali in favour of defendant No.7 Azibar was not acted upon and the learned trial Court further held that the defendant's kabala Ext. A also did not operate to pass any right, title and interest in favour of the transferees and that plaintiff continued to remain in pos......by Additional District Judge, Faridpur, in Title Appeal No.323 of 1969, reversing the judgment and decree passed by Munsif, Goalundo, in TS No. 84 of 1968. 2. Plaintiff‑appellant filed this suit for a declaration of title and confirmation of possession in respect of the land described in the sc...... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......67, and contesting defendants are in possession thereof on the basis of purchase. 5. Both the parties led evidence, documentary and oral, in support of their respective contentions and the learned trial Court on consideration of the evidence on record held that sale deed executed and registered b..Category: Property Law | Date: | Hits: 91
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....the quarrel accused persons formed an unlawful assembly armed with various weapons and attacked Eshaque and beat him at the order of the accused Nazir Ahmed. Accused Joynal Abedin dealt a blow on the right shoulder of Eshaque with a rod. Accused Azizul Huq caused injury on the waist of Eshaque and a...... sections 147, 323 and 447 of the Penal Code, should not be set aside or such other order or orders passed as to this Court may seem fit. 2. The opposite party No.2 filed a petition of complaint before the Court of the Upazila Magistrate, Feni, and CR case No.85 of 1985 was started on such compla......e case and in view of the fact that the punishment has been reduced to a fine of Tk. 75.00 only, and in view of the mental agony the petitioners have suffered in the meantime, I think that it will be fair if the petitioners are not further prosecuted in connection with the alleged occurrence resulti....... The complainant examined 5 witnesses including himself and the Medical Officer. The accused petitioners examined none. After taking into consideration the evidence and other materials on record the trial Court found the accused petitioners guilty under sections 147, 323 and 447 of the Penal Code a..Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....that, the opposite party No.1, as sole plaintiff, filed Title Suit No.29 of 1971, in the 1st Court of Subordinate Judge, against the petitioner and others for a declaration of his Junglebari Abadkari right on reclamation and confirmation of possession therein and also for permanent injunction. The s......the filing of this revisional application is that, the opposite party No.1, as sole plaintiff, filed Title Suit No.29 of 1971, in the 1st Court of Subordinate Judge, against the petitioner and others for a declaration of his Junglebari Abadkari right on reclamation and confirmation of possession the...... the writing or signature of a person as has been deposed to by the witness who proves the said document. The question as to whether the document is a genuine one or it represents the true state of affairs is a question of fact which is to be decided by the Court concerned in the light of the facts ......that the land having been vested in Govt. in pursuance of wholesale acquisition of tenancy, vested in the Government and the Government acquired the same free from all encumbrances. 4. The learned trial Court upon hearing the parties and perusing the evidence oral and documentary dismissed the su..Category: Property Law | Date: | Hits: 96
State Vs. Amin Huda, 2011, 40 CLC (AD)
....fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......iminal Miscellaneous Case Nos. 4678 and 4679 of 2008 making the Rules absolute. 3. Facts giving rise to these appeals are that Md. Idris Ali, Sub-Inspector of RAB-1, Uttara, Dhaka lodged a First Information Report (FIR) with Gulshan Police Station on 26-10-2007 at about 20:05 hours alleging, inte......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......gh the various proviÂsions of the Act, 1990. In the Act, no specific proviÂsion has been made as to the lodging of an FIR in respect of an offence committed thereunder, its investigation as well as trial, in case charge-sheet is submitted after investigation. So, we are also to see, in the absence..Category: Criminal Law | Date: | Hits: 112
Md. Jashim and others Vs. The State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......higanj. 2. Prosecution case, in short is that on 9.11.2010 one Sub-Inspector of police, Sreenagar Police Station, Munshigonj lodged an FIR stating inter alia that on 8.11.10 at 15.00 hours he informed over telephone that one woman was committed to suicide; that on the basis of the said informa......ners Md. Shahidul Islam, Mahbub alias Mitheen and Rezia are quite innocent and are not in any way involved in the instant case and they have voluntarily surrendered before the court and they have got fair chance of acquittal in this case and there is no certainty as to when the trial of the case wil......are not in any way involved in the instant case and they have voluntarily surrendered before the court and they have got fair chance of acquittal in this case and there is no certainty as to when the trial of the case will be concluded and they did not misuse the privilege of bail, who have been enl..Category: Criminal Law | Date: | Hits: 64
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....t is submitted that the respondents have acted illegally and without any lawful authority in revoking the passport of the petitioner and depriving him from travelling abroad, which is his fundamental right, guaranteed by the Constitution of the People's Republic of Bangladesh and that the alleged ac......in Annexure‑C to the petition and the circular issued vide Memo No.1/93/87 dated 24.5.87, intimating all the Embassies of Bangladesh abroad about cancellation of the passports of the petitioner and for inclusion of his name in the list of the persons, who would not be given the privilege of contai......Jurisdiction) Present: Mohammad Abdur Rouf J Mahmudul Amin Choudhury J Syed Mokbul Hossain…………Petitioner Vs. Government of Bangladesh, represented by the Secretary of Home Affairs, Bangladesh Secretariat, Dhaka and others ............Respondents Judgment July 17, 1990......gladesh. After obtaining his BA (Hon’s) Degree in History from Dhaka University, he engaged himself in the research work for Ph.D. Degree under Dr. Joyanta Kumar Roy of Calcutta University, on industrial development. He also took active part in the war of liberation in 1971 and acted as the Person..Category: Constitutional Law | Date: | Hits: 288
Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ......akati Secondary School Certificate Examination Centre Committee and another Mr. AMMM Abdul Hali, the then SDO Jhalakati and Chairman of the said Examination Centre Committee as defendant Nos. 3 and 4 for a declaration that the order of the Board of Intermediate and Secondary Education, Jessore as pu......of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ......re marked as Miscellaneous Case No. 85 of 1985. The case was commenced by the decree holder in Title Suit No. 138 of 1982 on the allegation that the said defendant wilfully violated the decree of the trial Court by not publishing his result in SSC Examination, 1981. The said defendant along with the..Category: Civil Law | Date: | Hits: 84
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
....the learned Judges of the High Court Division did not commit any error of law in rejecting the plaint as the same was not a plaint in the eye of law. He further submitted that the High Court Division rightly rejected the prayer for amendment of the plaint as the amendment if allowed would change the......l by way of leave has arisen out of judgment and order dated the 16th day of May, 2007 passed by a Division Bench of the High Court Division in Civil Revision No.591 of 2006 rejecting the application for amendment of the plaint and making the Rule absolute. 2. The short fact necessary for disposa...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......for amendment of the plaint on the view that if prayer for amendment was allowed it would change the nature and characÂter of the suit. The issue of amendment of the plaint was not either before the trial Court or before the District Judge. It is a new phenomenon which cropped up before the High Co..Category: Civil Law | Date: | Hits: 86
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