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....§§/১০/২০০ৠ(Annexure-A to the petition) and/or pass such other or further order or orders as to this Court may seem fit and proper.
2. For the purpose of disposal of the Rule the short facts of the petitioner's case are as follows:
The petitioner was the Chairman of Bangladesh Road......ed in: 63 DLR (HCD) (2011) 517. ......the above observation. Let a copy of the Judgment and order be sent to the concerned authorÂity for information and necessary action.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 517. ..
Category: Property Law | Date: | Hits: 115
Cyma Zarrar Vs. Arab Bangladesh Bank Limited and others, 2010, 39 CLC (HCD)
....19 with 4232 of 2009. Judgment Quamrul Islam Siddiqui J.- Both the Rules were heard analogously and are being disposed of by this common judgment as they do involve comÂmon question of law and facts. 2. In Civil Revision No.1919 of 2009 Rule was issued on an application for revision made b...... Division (Civil Revisional Jurisdiction) Present: Quamrul Islam Siddiqui J ABM Hassan J Cyma Zarrar……………………………Petitioners Vs. Arab Bangladesh Bank Limited and others……………………………Opposite parties Judgment August 2, 2010. Result......avail. During pendency of the suit defendant No.3 (petiÂtioner herein) filed an application under Order XXVI, rule 1 of the Code of Civil Procedure for appointing Advocate Commissioner to record the evidence of the witnesses of defendant No.3. The learned Joint District Judge allowed the applicatio..Category: Procedural Law | Date: | Hits: 121
Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)
....in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ...... costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ......titioners of Civil Revision No.3814 of 2006 filed an application under Order XLI, rule 27 of the Code of Civil Procedure to accept a kabala annexed to the that implication as Annexure-A as additional evidence. Mr. Md. Ibrahim Mollah the learned Advocate appearing for them submits that they accrued r..Category: Property Law | Date: | Hits: 97
Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)
....sses in the FIR and also about the dying declaration Ext. 3 allegedly recorded by the P.W.17 Dr. Nur Mohammad and attested by the local Chairman P.W.13 Moklesur Rahman nor did she mention about vital facts attempted to be proved in court during the trial. He further submitted that all the P.Ws. are ......d in: 44 DLR (HCD) (1992) 379. ......isonment for life and 1cquitted the other accused Moklesur Rahman from the charges. 6. Mr. Ruhul Amin, learned Advocate for the appellant, placed the papers and documents on record and read the evidence and impugned judgment before us. He submitted that though the FIR was lodged two days after..Category: Criminal Law | Date: | Hits: 148
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93.......1, 1985. Result: The appeal is dismissed. Cases Referred to- Adam Ltd. Vs. East & West Steamship Company, PLD 1962 Karachi 715; East & West Steam Ship Company Vs. Hossain Brothers and others, 19 DLR (SC) 530; The Karachi Steam Navigation Co. Ltd. Vs. Messrs Abdul Rahman Abdul Gan......s witness No.1. He was only cross-examined by defendant No.6 M/s. Birds Bangladesh Agency Ltd. On behalf of the plaintiff 25 Ext., Ext.1 Ext. 5(t) were made exhibits. All the Exts. were admitted into evidence without objection except Ext.1 the survey report of Lloyd's agent which was admitted into e..Category: Business or Commercial Law | Date: | Hits: 463
Mati Miah and Shamsu Miah Vs. State, 1990, 19 CLC (HCD)
....e No.221 of 1980 are hereby set aside. Both the appellants Shamsu Mia and Mati Mia are discharged from their respective bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 554.......sdiction) Present: Syed Fazle Ahmed J Mati Miah…………………….Appellant Vs. State…………………….Respondent [In Criminal Appeal No. 365 of 1986] and Shamsu Miah ......................Appellant Vs. State……….…………â€......en examined in this case though such witnesses have been named in the FIR Ext. 1. 11. Informant Shahadat Hossain who is also o/c of the thana has deposed in this case as P.W.1. He stated in his evidence that on 4.11.80 at about 11‑30 he got a secret information from one person named BAW that..Category: Criminal Law | Date: | Hits: 125
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
....ant to the plaintiff and that the plaintiff took forcible possession of the ground floor in 1973." 2. It was further observed that the malafide conduct of the plaintiff being manifest upon such facts the discretionary relief cannot be granted in his favour. 3. The urisuccessful substitut......eported in: 44 DLR (HCD) (1992) 552.......nd legal representatives. They prosecuted the appeal. A Division Bench of this Court upheld the decision of the trial court on the finding inter alia. "Thus upon a full consideration of all the evidence on record both oral and documentary we are satisfied to hold that the deed of agreement dat..Category: Procedural Law | Date: | Hits: 130
Deputy Commissioner (Revenue), Sylhet Vs. Sudhir Chandra, 1991, 20 CLC (HCD)
.... ground that some important documents have been discovered after the disposal of the Rule by this Court. 6. It is claimed in the application under Order 47 rule 1 that certain new and important facts bearing upon the case has been discovered after disposal of the rule. In paragraph 8 of the ap......urt High Court Division (Civil Revislonal Jurisdiction) Present: AKM Sadeque J Deputy Commissioner (Revenue), Sylhet.................Petitioner. Vs. Sudhir Chandra.................Opposite Party Judgment January 10, 1991. Result: The ...... and decree of the learned Subordinate Judge the Government obtained Rule in pursuance of a revisisional application before this Court, being Civil Revision No.3 of 1988. 4. On consideration of evidence on record and also legal propositions this Court discharged the Rule and maintained the Jud..Category: Property Law | Date: | Hits: 157
....e as to why the order dated 20.8.90 passed by the learned Assistant Judge, Naria, District Sariatpur, dismissing the Title Execution Case No.23 of 1989 should not be set aside.
2. The following facts require special consideration for the purpose of disposal of this Rule. The plaintiffs institu......s Case is also Reported in: 44 DLR (HCD) (1992) 545.......ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 545...
Category: Property Law | Date: | Hits: 123
Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)
....er stated during visit of the Commissioner, Chittagong Division (respondent No.1) to Bage Lake some 'Karbaries' of Naithong Mouza and some local people appeared before him and complained of the above facts and circumstances and also required to him to consider the appointment of respondent No.4 as h......iginal Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Shewe Hla Prue TK………………Petitioner Vs. Commissioner, Chittagong Division, Chittagong and others………………Respondents Judgment May 4, 1992. Result: The ......ithout lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 539...Category: Others | Date: | Hits: 171
Ator Ali and others Vs. State, 1989, 18 CLC (HCD)
....as to be taken with great caution and in a number of cases it has been held that although an accomplice's evidence is sufficient to prove the prosecution case yet in each case the special feature and facts have to be taken into consideration. Section 133 of the Evidence Act must be read with illustr......e is also Reported in: 44 DLR (HCD) (1992) 478. ......the accused persons cut the dead body of deceased Babor Ali into pieces and had thrown them into the river. He further stated that accused persons threatened the villagers to finish them if they give evidence. He also denied the defence suggestion that he was deposing falsely. 15. P.W.14 Shahida ..Category: Criminal Law | Date: | Hits: 145
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......Court Division (Civil Appellate Jurisdiction) Present: Mohammad Ismailuddin Sarker J Badrul Islam Chowdhury J Padmabati Biswas………………………Appellant Vs. Banglasdesh and others ………………………Respondents Judgment June 28, 1992. Result: The ap......he land of defendant Nos.31‑37 would not lay any claim on the land of defendant Nos.43‑51. 21. The learned Subordinate Judge framed 5 issues and 2 more additional issues and on considering the evidence on record came to the finding that the government, which was treated as the plaintiff in th..Category: Property Law | Date: | Hits: 118
Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)
....ourt of Munsif, Chandpur and that after the expiry of the fixed period he has been holÂding over the suit land and has been possesÂsing the same by adverse possession. 4. On consideration of the facts and cirÂcumstances of the case and oral and documenÂtary evidence adduced by the parties the......High Court Division (Comilla Bench) (Second Appellate Jurisdiction) Present: Nurul Huque Bhuiyan J Jagendra Lal Poddar.....................................Appellant Vs. Naresh Chandra Poddar and others.................Respondent Judgment April 4, 1985. Result: The ......eriod he has been holÂding over the suit land and has been possesÂsing the same by adverse possession. 4. On consideration of the facts and cirÂcumstances of the case and oral and documenÂtary evidence adduced by the parties the Courts below decreed the suit on the findings inter-alia that th..Category: Property Law | Date: | Hits: 111
Mrs. Nafiza Mariam Vs. State, 1985, 14 CLC (HCD)
....ication under secÂtion 491 CrPC, the affidavit-in-opposition and the supplementary affidavit filed on behalf of the Government and the affidavit-in-reply filed on behalf of the petitioner. 3. The facts, of the case relevant for disposal of the Rule appearing from these materials placed by the pa......y the Government of Bangladesh. 2. Mr. Muhammad Korban Ali, learned Advocate appearing for the petitioner has taken us through the application under secÂtion 491 CrPC, the affidavit-in-opposition and the supplementary affidavit filed on behalf of the Government and the affidavit-in-reply filed o......zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ..Category: Criminal Law | Date: | Hits: 116
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....e matter was adjourned. Keeping in mind the message conveyed by the learned Advocate for the petitioner and for reasons which will be apparent hereafter, I do not propose to enter into the merits and facts to the petition. 26. It is noted that the petitions in Writ Petition No.7093 of 2010 and Wr......s Case is also Reported in: 63 DLR (HCD) (2011) 491....... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491...Category: Constitutional Law | Date: | Hits: 314
Babu Khan Vs. State, 2003, 32 CLC (HCD)
....ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547.......General—For the State. Criminal Appeal No.2388 of 1997. Judgment Amirul Kabir Chowdhury J.-At the instance of the accused appellant Babu Khan this appeal has been directed against judgment and order dated 28Â-1‑1986 passed by the learned Sessions Judge, Rajbari in Sessions Case No.75 o......ugned judgment and that being arrested on 29-Â4‑1995 he came to know of the judgment for the first time and hence got the appeal filed. The learned Advocate further submits that there is no cogent evidence to warrant conviction against the accused appellant and, as such, the appeal may be allowed..Category: Criminal Law | Date: | Hits: 123
....dge, Barguna in Title Suit No.55 of 1997 and prayed for a declaration that the aforesaid deed of settlement is void, illegal, without jurisdiction, collusive and without any legal effect. These brief facts have evoked a number of legal questions:
(i) Whether the Ministry of Health can maintain a ......nt:
AKM Shafiuddin J
Principal, Barguna Darul Ulum Nesaria Alia Madrasha……………………….Petitioner
Vs.
Secretary, Ministry of Health, represented by the Civil Surgeon Barguna and others……………………………………………………Opposite Parties
Judgment
......n under Order VII rule 11 of the Civil Procedure Code. He held that the plaint did disclose a cause of action. It disclosed a dispute between two Ministries, which could be resolved only after taking evidence and trying the case. So he thought that the Suit should proceed to a hearing. The petitione..
Category: Procedural Law | Date: | Hits: 146
Mohiuddin Ahmed and others Vs. Government of BanglaÂdesh and others, 2011, 40 CLC (HCD)
.....120 of 2004 Rejecting an application filed by the defendant-petitioners under Order 7 rule 11 read with sections 11 and 151 of the Code of Civil Procedure should not be set-aside. 2. The relevant facts of this case are that the present opposite party as plaintiff instituted the Title Suit No.120......ase is also Reported in: 63 DLR (HCD) (2011) 504.......upon practicing fraud and there is specific cause of action in the suit which cannot be rejected in a summary manner upon an application by the defendant-petitioners without framing issues and taking evidence in the suit. 11. We have heard the learned Advocate of both the sides and perused the pl..Category: Property Law | Date: | Hits: 121
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....thin the stipulated time of 15 days of the month following as provided in the statute. Relying on the case of Maria Keshi D' Rozaria Vs. Hassan Movies Ltd, reported in 41 DLR (AD) 35 submits that the facts of the said case and the facts of the instant case being almost similar the defendant appellan......gh Court Division (Civil Appellate Jurisdiction) Present: Mirza Hussain Haider J Abu Zafor Siddique J GSH Jamal………………………Defendant-Appellant Vs. Surraiya Jabeen and others……………………Plaintiff-Respondents Judgment June 10, 2010. Result: ......itled to the beneÂfit of protection from ejectment at the instance of the landlord due to non-payment of rent, becomes all the more necessary when the tenant comes with a positive case, supported by evidence, that due to some kind of abnormal situation supervening at the relevant time it was beyond..Category: Tenancy Law | Date: | Hits: 190
Mohammad Selim Vs. State, 2012, 41 CLC (AD)
....fter killing the victim. He further submits that the accused was aged about 27 years at the time of occurrence and is still in the prime of his life and that the sentence of death is too harsh in the facts and circumstances of the case. 12. Mr. Md. Selim, the learned Deputy Attorney General ap......missed. Lawyers Involved: A.B.M. Bayezid, Advocate- For the Petitioner. Md. Selim, Deputy Attorney General- For the Respondent. Jail Petition No.10 of 2010. (From the judgment and order dated 18th January, 2010 passed by the High Court Division in Death Reference No.94 of 200......e. He expressed his wish to depose and was examined as D.W.1. 7. The defence case as it appears from the trend of cross-examination was that of innocence of the condemned petitioner and in his evidence as D.W.1 he deposed that he did not commit any offence. 8. The trial Court after hea..Category: Criminal Law | Date: | Hits: 98
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