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Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
.... Division for quashing the proceedings of Petition Case No.268 of 2005 under sections 420/406/109 of the Penal Code, now pending in the Court of Metropolitan Magistrate, Dhaka. 3. The relevant facts for disposal of the case, in brief, are that the respondent No.2 - opposite party No.2 had a l...... Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Mamun Akbar........................Petitioner Vs. The State and another..........Respondents Judgment November 8, 2012. Result: The peti...... 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)
....e learned counsel for the parties concerned and perused the impugned judgment and order of acquittal passed by the High Court Division and other connected papers on record. 12. We find from the facts and circumstances detailed in the materials before us that the search was made by the police o......r. Anisul Haque, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 368 of 2010. (From the judgment and order dated 2nd July, 2009 passed by the High Court Division in Criminal Appeal No.2013 of 2004........6, Comilla for trial. During the course of trial the prosecution examined as many as 17 (seventeen) witnesses cited in the charge sheet, but the defence examined none. 5. After concluding the evidence of the prosecution the accused appellant present in the dock was examined under section 342..Category: Criminal Law | Date: | Hits: 119
Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)
.... respondent No.7 to send them back to the Headquarters by depriving them from completing the Course and to sit for the examination as (Annexure-‘G’ to the writ petition). 3. That the relevant facts for disposal of the case are as follows: The respondent Nos.1-29, who were the writ petiti...... (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J The Director General, Bangladesh Railway and others……….Petitioners Vs. Niaz Mohammad Ali and others....................................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: ..Category: Employment/Service Law | Date: | Hits: 222
....treated as lawful transfer and as such the impugned judgment of the High Court Division is liable to be interfered. He further submits that the High Court Division reversed the concurrent findings of facts of the Courts below although failed to point out specific misreading or non-consideration of t......mmel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Madam Justice Nazmun Ara Sultana J
Muhammad Imman Ali J
Additional Deputy Commissioner (Rev.) Rangpur and another.......Petitioners
Vs.
Amir Husain and others......................................she failed to exercise any act of possession in the suit land. The Government also pleaded that the suit was barred by res judicata.
5. The plaintiff’s following documents were admitted into evidence: Sale Certificate showing sale out of the suit land vide Certificate Sale dated 27.02.1964 ..
Category: Property Law | Date: | Hits: 181
....lients interest may be protected. Mr. Sk Md. Jahangir Alain, the learned Advocate appearing for the respondent No.81 submitted that he is an allottee and his right may be protected.
13. From the facts and circumstances and the submissions made by the learned Advocates we are inclined to frame t......
Present:
Shahidul Islam J
Md. Rais Uddin J
Administrative Officer, Housing Settlement, Chittagong & others……………….Defendant-Appellants
Vs.
Abdur Rashid Chowdhury and others................Respondents
Judgment
May 10, 2011.
Result:
The appeal is allow......and others 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 de..
Category: Property Law | Date: | Hits: 118
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....sed-petitioner under section 138 of the Negotiable Instruments Act 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 disposal of the Rule are that the opposite party No.2 as complainant filed a petition of c...... Court High Court Division (Criminal Revisional Jurisdiction) Present: Quamrul Islam Siddiqui J JBM Hassan J Shahidul Islam…………………………Petitioner Vs. State and another…………………………Opposite parties Judgment March 16, 2011. Result: ......Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ..Category: Procedural Law | Date: | Hits: 114
Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....ce, have received therefrom together with 20% interest per annum thereon from the date of unauthorised occupation fill the date of restoration of possession thereof to the petitioner. 2. The short facts are that, the petitioners father SM Rahmat Ullah, a non-Bengali national, was residing with hi...... High Court Division (Special Original Jurisdiction) Present: Bijan Kumar Das J Faruque Ahmed J Javed Alam (Md.).........................................Petitioner Vs. Bangladesh and others..................................Respondents Judgment March 4, 2001. Result: ...... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ..Category: Property Law | Date: | Hits: 106
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
....Assistant Judge, Chandanaish, Chittagong, in other Execution case No.5 of 2002 making an order of arrest of the judgment-debtor for detention in Civil prison for a period of 6(six) weeks. 2. Short facts leading to the issuance of the instant Rule are as follows: The decree holder opposite part...... once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ...... 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. ..Category: Civil Law | Date: | Hits: 166
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....ll consider the evidence and materials on record thereby misdirected himself in passing the impugned judgment reversing the judgment passed by the trial Court upon arriving at erroneous findings of facts. 6. The learned Advocate appearing for the petitioner submits that the trial Court having a...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Nozrul Islam Chowdhury J Ganendra Nath Mondal………………………Petitioner Vs. Kalipada Mondal and another………………………Opposite Parties Judgment January 11, 2011. Result: ...... has taken us through the entire materials on record including the two judgments and then submits that the learned District Judge as appellate Court and last Court of fact did not at all consider the evidence and materials on record thereby misdirected himself in passing the impugned judgment reve..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.......…………………………………………………………..Opposite Party Judgment June 26, 2002. Result: The Rule is made absolute. Cases Referred to- Basarat Ali Mondal and others Vs. Messem Ali Biswas and another, 6 DLR 589; Saroop Singh Vs. Narsingh and others, AIR 1...... prior to the auction sale is not hit by the doctrine of lis pendens. 14. On the question of attachment of the case holding under Order XXI, rule 54 of the Code the pre-emptee has not produced any evidence to show as to when and how the case holding was attached and whether any notice was served ..Category: Property Law | Date: | Hits: 132
Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
....ion 96 of the State Acquisition and Tenancy Act (hereinafter referred to as The Act) is tenable in law. 2. Question involved and verdict proposed to be given does not demand detailed disclosure of facts those which shed light on controversy and those are: a) First opposite party as pre‑empto......ourt concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515.......ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515...Category: Procedural Law | Date: | Hits: 104
....র্ধ্বতন কর্তৃপক্ষ সিদ্ধান্ত নিতে পারেন।“ This recommendation vide Annexure "F" was made after taking into consideration the facts that the Purchase Committee had no report before them by the Government on the Dhaleshwari 1 ......sent:
MA Aziz J
Md. Shamsul Huq J
Al-Amin Construction Co. Ltd..........................................................Petitioner
Vs.
Government of the People's Republic of Bangladesh and others……………Respondents
Judgment
May 10, 2001.
Result:
The Rule is dispo......fter, the Superintending Engineer Roads and Highways Department through his letter dated 8‑11‑2000 wrote to the petitioner company asking them to furnish information and acceptable documentary evidence regarding their financial capacity, as per clause 33 of the Additional Conditions of the t..
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....eased to be a member and as such none of the petitioners is aggrieved person under section 38(1) of the Act. Secondly (2), he raised objection to the effect that since there are disputed questions of facts which require to be resolved on taking evidence, such a matter having such disputed questions ...... This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......petitioners is aggrieved person under section 38(1) of the Act. Secondly (2), he raised objection to the effect that since there are disputed questions of facts which require to be resolved on taking evidence, such a matter having such disputed questions of facts cannot be disposed of in such a summ..Category: Company Law | Date: | Hits: 225
Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
....ed into politics, came to the forefront, was a former President of Jatiya Mahila and Party, a Member of Parliament m 1986 and 1988, was a Minister and so on so forth. Mr. Sobhan has argued that these facts stated in the grounds were by no means "prejudicial acts" within the meaning of section 2(f) o......Ahmed J Hasina Karim…………………….Petitioner. Vs. The People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat Building, Dhaka and others……………………Respondents. Judgment February 5, 1992. Result: ...... 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)
.... Writ Petition Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of facts as well as laws are involved in these cases and, as such, after hearing the same together the ......sh Vs. Saifuddin Ahmed, 50 DLR (AD) 27; 3 BLC (AD) 6. Lawyers Involved: M Amir-ul Islam, Advocate - For the Petitioner AM Aminuddin, Assistant Attorney-General - For the Respondent Nos. 1, 5 and 6. Mahmudul Islam, Advocate - For the added-Respondent Nos. 7-10. Abdur Rab Chowdhury, Adv......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. ..Category: Employment/Service Law | Date: | Hits: 216
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....ed 28.04.1985 passed by the Deputy Commissioner of Taxes, Taxes Circle-VI, Dhaka (South) Zone, Dhaka in respect of the petitioner Dr. M. B. Rahman bearing I.R. No.7633/TC-VI. 2. Shortly stated the facts of the case are that the petitioner who is an income-tax assessee and a retired Government off......R (SC) 200, Lt. Col.; Nawabzada Muhammad Amir Khan Vs. the Controller of Estate Duty, 13 DLR (HC) 105; Mritunjoy Paul Vs. Province of East Pakistan, 14 DLR (Dhaka) 568; Re Lala Lachhtnan Dass Nayar and others, 22 I.T.R. 418; Abdur Rahim Chowdhury Vs. Excess Profits Tax Officer, Companies Circle-I,......herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 170
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....pposite party No.1 Ansarul Huq Ansari to show cause why the proceedings in G.R. Case No. 50/85 pending in the Court of the Chief Metropolitan Magistrate, Chittagong should not be quashed. 2. The facts of the case are as follows: - On 12.01.1985 complainant Ansarul Huq Ansari of P.S. Panchlaish,......tioner Vs. Ansarul Huq Ansari & others.........................Opposite-Parties Judgment May 14, 1986. Result: The Rule is discharged. Cases Referred to- Nasiruddin Mahmud and others Vs. Momtazuddin Ahmed and another, 36 DLR (AD) 14; Bhuban Mohan Das Vs. Surendra Mohan Da......ntained. Lord Granworth, however, maintained the participation in profits is in general a sufficiently accurate test and that the right of participation in profits affords cogent, often conclusive, evidence of a partnership". In Mollwo. March & Company Vs. The Court of Wards (1872) L.R.4. PC. ..Category: Criminal Law | Date: | Hits: 362
Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)
....lla, in Title Suit No.99/65 rejecting an application under section 151 of the Code of Civil Procedure for vacating the order dated 20.09.1978 accepting the Advocate Commissioner's Report. 2. The facts relevant for the purposes of disposal of the rule are that the opposite party No.2 as plaintif......Comillah Bench) (Civil Revisional Jurisdiction) Present: Nurul Huque Bhuiyan J Rehanuddin & others………………………………………Petitioners Vs. Abdul Hakim Maser and others…………………….Opposite-Parties Judgment September 14, 1986. Result: ......te. The order of the learned Subordinate Judge is set aside and he is directed to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21...Category: Procedural Law | Date: | Hits: 106
....r dated 23.08.1984 passed by the learned Upazila Munsif, Begumganj, in Title Suit No.66 of 1984 appointing receiver in respect of the suit property at the instance of the defendant No.11.
2. The facts relevant for the purpose of disposal of the Rule are that Jainal Abedin, predecessor of the pe......his Case is also Reported in: 39 DLR (HCD) (1987) 19.
......inable.
In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 19.
..
Category: Procedural Law | Date: | Hits: 139
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....e sole Arbitrator was in violation of the Arbitration Agreement dated 4-8-99. 4. Under such circumstances the learned District Judge, by his order No.37 dated 28-3-2006, upon discussing the entire facts and circumstances and considering the various provisions of law, including section 43(1)(ক)(......eported in: 63 DLR (HCD) (2011) 432. ......that the respondent paid and the appellants received Taka 37,50,000 as such the appellants were directed to repay/return the same amount to the respondent of course with 6% interest thereon. Thus, no evidence/paper having been filed by the appellants to show that the award passed is tainted with ill..Category: Alternative Dispute Resolution | Date: | Hits: 251
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