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Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......, inquest report, seizure list and his signatures thereon. He also proved the blood stained vest and lungi of the victim and those were marked as material exhibits. In cross-examination he denied any land dispute between the father of appellant and that of the victim. 11. P.W.6 Islam Mia stated t......ion with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 102
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....ients on mere assumption of the learned trial Judge and therefore, the judgment and order of conviction of sentence is illegal and can not be sustained. The learned Advocate further submits that mere possession or use of a forged or counterfeit note does not ipso facto prove the charge under section......in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......de. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......ure and the impugned judgment and order. It appears that none of the prosecution witnesses deposed that these appellants had knowledge of counterfeit character of the note used in the transaction. No question to that effect was put while the charge was framed against them or while the appellant in C..Category: Criminal Law | Date: | Hits: 111
.....90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
......of the Islamic Republic of Pakistan, 1965 Edition’ has commented that the words "equal protection of the laws" along with other equality clauses were brought by India from the Constitutions of Ireland and West Germany.
17. So far our case is concerned, it has been admitted by both the sides t......e matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
......ammad Abdur Rouf J.- In this Rule Nisi, issued on 11.2.90, under Article 102 of the Constitution of the People's Republic of Bangladesh, the petitioner, who is the Chairman of a Union Parishad, has questioned constitutionality of clause (a), sub-section (2) of section 6 of the Local Government (..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
..... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311.......l Court No.1, Dhaka in Money Execution Case No.23 of 1987. 2. It appears that decree-holder petitioner Sonali Bank obtained a decree in the High Court of Justice Queen's Bench Division, London (England), United Kingdom against the judgment-debtor opposite party Abidur Rahman for a sum of £4,31,8...... The rule is discharged. Cases Referred to- Indian General Investment Trust Ltd. Vs. Sri Ramchandra Mardaraja Doo, Raja of Khalikote, AIR 1952 (Cat) 508. Lawyers Involved: Asrarul Hossain with Iftekhar Ahmed, Advocates—For the Petitioner. Khandaker Mahbubuddin Ahmed with Zahiru......istrict Court, Dhaka (i.e. Court of the District Judge, Dhaka) and that the Subordinate Judge & Commercial Court No.1, Dhaka had no jurisdiction to entertain the certified copy of the decree in question under section 44A (1) of the Code for execution. Upon hearing the parties the learned Subor..Category: Procedural Law | Date: | Hits: 168
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458...Category: Administrative Law | Date: | Hits: 421
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ...... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ......of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ...... J.- Supplementary affidavits filed in both the writ petitions be formed part of the main petitions. 2. Both the writ petitions are taken up together and disposed of by a single Judgment as common question of law is involved in both the writ petitions. 3. In writ petition No.8362 of 2009 and w..Category: Criminal Law | Date: | Hits: 89
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
....Md. Shahidul Islam. As he became older and older and ill, he appointed the plaintiff as his attorney by registered deed of irrevocable power of attorney dated 17-9-1990 for his property and delivered possession thereof. The plaintiff took possession of the suit land and during her possession, on 26-......d proper. 2. By the same Rule issuing order dated 30-7-2006, operation of the impugned Judgment and decree was stayed. 3. The necessary facts for disposal of the Rule are that the 'Ka Schedule' land appertained to SA Khatian No.232 and some other SA Khatians under mouza-Damurtala and 'Kha Sche......eg…………………….Petitioner Vs. Hajera Begum…………………Opposite Party Judgment July 5, 2010. Result: The Rule is made absolute. Cases Referred to- Safaruddin Vs. Fazlul Huq, 49 DLR (AD) 151. Lawyers Involved: No one appears - For the Petitioner. ...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ..Category: Property Law | Date: | Hits: 103
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....d 25-2-1997 for sale of the land along with the structure standing thereon with the plaintiff at Taka 80,000. The plaintiff paid Taka 75,000 to the defendant. Ultimately, the defendant No.1 delivered possession of the land to the plaintiff, who subsequently came to know that defendant No.1 did not a......ential building thereon in accordance with a plan approved by the DIT, but could not complete the same due to shortage of fund and thereafter entered into an agreement dated 25-2-1997 for sale of the land along with the structure standing thereon with the plaintiff at Taka 80,000. The plaintiff paid...... DLR (HCD) (2010) 449. ......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ..Category: Procedural Law | Date: | Hits: 170
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
....le by filing an affidavit-in-opposition contending, inter alia, that this respondent purchased the mortgaged property in auction from the Adalat by registered deed No.10684/2008 dated 26-11-2008. The possession of the property was also handed over to him and he also mutated his name relating to the ...... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533.......the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533....... Sk Hasan Ali, Advocate - For the Respondent No.3. Writ Petition No. 9294 of 2008. Judgment Zinat Ara J.- In this application under article 102 of the Constitution the petitioners called in question the legality, of the order dated 23-11-2008 passed by the learned Judge of Artha Rin Adalat..Category: Civil Law | Date: | Hits: 157
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ......sible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ......m of verification is in place but the certificate of the petitioner was issued in 1984 before the system of verification was introduced in 1995 which the entire matter of the petitioner is a disputed question of fact thus the writ petition is not maintainable which he submits that the Rule should li..Category: Others | Date: | Hits: 186
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......his Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......7 of 2009). Writ Petition Nos. 4206, 5067, 4202 and 4207 of 2009. Judgment Md. Ashfaqul Islam J.- Writ petition Nos.4206, 5067, 4202, 4207 of 2009 are heard together and disposed by a common question of fact and law. 2. In writ Petition No.4206 of 2009 initiation of Tejgaon PS Case No. 5..Category: Criminal Law | Date: | Hits: 107
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
..... and S. A. Plot No.78, measuring an area of land 1.16 acres. After that, SA recorded tenant, Debendra Mondal died leaving behind only son, Bireshwar Mondal (defendant No.1) who had been in exclusive possession in his portion of the suit plot No.78. He appointed Md. Shahidullah (defendant No.2) as h......the then Subordinate Judge, Narayangonj impleading the petitioners herein as the defendants for specific performance of contract. 4. The case of the plaintiffs, in short, is that ‘A’ schedule land to the plaint belonged to Gopal Mondal who died leaving behind two daughters namely, Maharani M......ance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ....................Respondents Judgment July 30, 2012. Result: This petition is dismissed. Suit for specific performance of contract In a suit for specific performance of contract, the question to be decided whether there had been a valid contract between the parties and whether consi..Category: Civil Law | Date: | Hits: 186
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....ra Nath, Upendra Nath and Gopal Chattapdhya. After that, Upendra Nath passed away leaving behind three sons, Dhirendra Nath, Sailendra Nath and Hirandra Nath Chattpadhya. While the co-sharers were in possession of the suit land, Jitendra Nath settled the suit land with plaintiff Nos.1-2 with the con......nd Gopal Chattapdhya. After that, Upendra Nath passed away leaving behind three sons, Dhirendra Nath, Sailendra Nath and Hirandra Nath Chattpadhya. While the co-sharers were in possession of the suit land, Jitendra Nath settled the suit land with plaintiff Nos.1-2 with the consent of all other co-sh......ion. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..Category: Property Law | Date: | Hits: 101
Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)
....d judgment and the papers incorporated in the paper book. 12. The High Court Division found that the respondent herein acquired the property by way of gift from her father in 1970 and had been in possession thereof. The High Court Division also found that the property was neither acquired nor de......etition No.770 of 2004 making the Rule absolute. 2. The facts narrated in this appeal are précised below: Alhaj Sheikh Mohammed Noor, father of the respondent herein, purchased 30.50 acres of land from the S. A. recorded owner. After purchase, he has been possessing the same. The predecessor...... accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ......No.293 of 2009. 9. Mr. Mahbubey Alam, learned Attorney General, appearing on behalf of the appellants, submits that the writ petition on which Rule Nisi was issued was not maintainable because the questions raised there could not be addressed under the writ jurisdiction. He further submits that t..Category: Property Law | Date: | Hits: 121
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......he Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......llah, Advocate - For the Petitioner. Md. Imam Hasan, Advocate - For the Respondent No.2. Writ Petition No.2617 of 2010. Judgment Zinat Ara J.- In this rule nisi, the petitioner called in question the legality of the judgment and decree dated 17-2-2004 (decree signed on 23-2-2004, Annexu..Category: Civil Law | Date: | Hits: 269
Machafrue Magni Vs. Seman Magni & others, 1988, 17 CLC (HCD)
.... but descend. The name of the plaintiff was duly mutated but on the objection of the defendant No.1 it was reversed and as such the plaintiff has been compelled to file this suit. The plaintiff is in possession of the suit land. 3. Defendant No.1 contested the suit by filing a written statement c......t for declaration of title on contest with cost. 2. The appellant before us as plaintiff filed the said suit for declaration of his title to the suit property contending, inter alia, that the suit land belonged to Schachuma Magni who died leaving the plaintiff as her younger step sister. The de...... This Case is also Reported in: 41 DLR (HCD) (1989) 457. ......al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ..Category: Property Law | Date: | Hits: 107
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
.... 9.9.81 at B.S.C.I.C. Industrial Estate, Pabna within P.S. and District Pabna with the dishonest intention to prejudice the economic or financial interest of the State, removed by taking out of the possession and disposed of the machineries of Decent Oil Mills Ltd. viz (1) 10 KOMET Double Spindl...... the said amount in two equal instalments on 30.6.87 and 30.12.87 waiving the interest subject to formal approval of the Government and the accused would be permitted to run the Textile unit on the land of Decent Oil Mill Ltd. if he executed an equitable mortgage of the Textile Printing and Fini......ct. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ..Category: Criminal Law | Date: | Hits: 108
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....an No.98 of Mouza Pitambergonj, Upazila Barguna, District Patuakhali (now District Barguna). 3. In a nutshell the plaintiffs case is that the defendant No.2 Menhazuddin Talukder was the owner in possession of the disputed lands. He mortgaged 40 acre of land out of the same for 7 years in favour......ecuted on 9.2.79 by defendant No.2 Menhazuddin Talukder and registered on 6.6.79 by the Sub-Registrar, Amtali in favour of his brother defendant No.1 Lehajuddin-Talukder in respect of .44 acre of lands as described in schedule 'Ka' to the plaint is collusive, ante dated and void and for cancella......aintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447........ It is not expected of the plaintiff to give direct evidence of the antedate of the document; it is for the defendant to prove that the document was executed on the purported date. On a disputed question mere assertion in the written statement can not be treated as evidence to form basis of the..Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....ding sanitary and other equipments that may be damaged by the defendants during the tenancy. According to the terms of the agreement the tenant is entitled to receive back the said amount when vacant possession would be handed over. 6. The tenancy continued and there was no trouble but at the lat......Dr. Suraiya Hossain and Mrs. Taherunnessa, concerning the same residential house, namely, 19, Kakrail P.S. Motijheel, Dhaka of which house Dr. Suraiya Hossain is a tenant and Mrs. Taherunnessa is the landlady and these cases having arisen between the same parties, concerning the same properties, ove......ase is also Reported in: 41 DLR (HCD) (1989) 441....... as the landlady, when she deposed in the Title Suit to say that she granted rent receipt in lump for 2/3 months together as rents were paid in that fashion by the tenant. This is essentially a question of fact. 19. From a reading of the judgment of the trial Court in Title Suit No.214 of 1..Category: Property Law | Date: | Hits: 88
....lt all the three appeals are dismissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
......affect any provision of any law in force for the time being as to references to arbitration."
17. The principle enunciated in Scott Vs. Avery has been followed in a large number of decisions in England and we shall rest content with citing only one, namely, the case of Viney Vs. Bignold, (1887), ......and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
......e companies to pay the amount under award to the claimant. The learned Single Judge modified the award in the first place holding that the Arbitrator could only decide the amount of loss or damage in question and had no authority to decide the liability of the insurance companies under the relevan..
Category: Business or Commercial Law | Date: | Hits: 290
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