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Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)
.... in Title Suit No.108 of 1988. By this impugned order the learned Senior Assistant Judge allowed the case of the opposite party under Order 9 rule 13 of the Code of Civil Procedure. 2. Short facts relevant for disposal of the case are that, the petitioners as plaintiffs instituted a suit in the C......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......sistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290...Category: Procedural Law | Date: | Hits: 58
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......1 BLD (AD) 371 wherein it has been held that the Court to observe minimum legal requirements, judgment should show application of Court's judicial mind as to whether the plaintiff's witnesses and the papers produced proved the plaintiff's case. The learned Deputy Attorney‑General said that the lea...... Reported in: 45 DLR (HCD) (1993) 675. ......n being surrendered under the provisions of the State Acquisition and Tenancy Act vested in the Government and the record of rights was prepared in the name of the Government and that the plaintiffs' documents of purchase are collusive ones and not according to the provisions of law. 3. The suit ..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....stion is whether the aforesaid documents were produced at the time of seizure of the said goods to D.W.1 Sadek Ali (Defendant No.2) Inspector of Customs Intelligence and Investigation, Kushtia at the relevant time and D.W.2 Md. Abdur Rahman, Deputy Superintendent of Central Excise and Land Customs w...... at the time of seizure of plaintiffs goods on 5.1.55 vide Ext.1. D.W.1 also obtained a written statement from P.W.1 on 5.1.55 Ext. A regarding the seized goods and he also asked P.W.1 to produce his papers and waited upto 14.1.55 but the P.W.1 failed to produce any paper. P.W.1 admitted to have exe......is also Reported in: 45 DLR (HCD) (1993) 669.......also smuggled goods and the same were neither imported nor purchased as alleged and the plaintiff could not produce any receipt, voucher or account books at the time of seizure and receipts and other documents alleged to have been produced before the customs authorities were fabricated and manufactu..Category: Fiscal/Taxation Law | Date: | Hits: 125
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
....11-95 passed in Title Appeal No.18 of 1995, arising out of the judgment and decree passed in Title Suit No.28 of 1991 by the Assistant Judge, Pirganj dismissing the suit on contest. 2. Short facts relevant for the purpose of the case are that, the petitioners as plaintiffs instituted a suit in th...... contended, inter alia, that the plaintiffs have no title and possession in the suit property. It was also contended that the plaintiffs based their claim in the suit property on false and fictitious papers and as such the suit is liable to be dismissed. 4. The learned Assistant Judge by his impu......ned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504...Category: Procedural Law | Date: | Hits: 91
Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)
....e prosecution produced 15 witnesses most of them are members of the police party who arrested the accused persons from the trawler. P.W.1 was sub- inspector of police attached to Batiaghata PS at the relevant time. He stated that he along with officer- in-charge Syed Nazrul Islam and other police of......2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499...Category: Criminal Law | Date: | Hits: 59
Ismail Vs. State, 1999, 18 CLC (HCD)
....y examined on the date on which he was appointed. It is obvious that the learned Advocate who was appointed at such a late stage to defend the absconding accused, had no opportunity to go through the relevant papers such as the First Information Report, Charge sheet, statements recorded under sectio......d on the date on which he was appointed. It is obvious that the learned Advocate who was appointed at such a late stage to defend the absconding accused, had no opportunity to go through the relevant papers such as the First Information Report, Charge sheet, statements recorded under section 161 of ...... Md. Mustafa, Assistant Attorney-General — For the State. Criminal Appeal No. 1026 of 1992. Judgment Md. Hamidul Haque J.- This appeal is directed against the Judgment, order of conviction and sentence passed by the learned Additional Sessions Judge, Mymensingh in Sessions Case No.130/94 ......rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497...Category: Criminal Law | Date: | Hits: 74
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....0 of 1997 rejecting the application of the petitioners under section 151 of Code of Civil Procedure for restoration of possession on the ground that no executable decree was passed. 2. Short facts relevant for the purpose of the case are that, the predecessor-in-interest of opposite party Nos.1-8......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ..Category: Civil Law | Date: | Hits: 66
Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)
....by the Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Suit No.393 of 1987 exempting the plaintiff from the necessity of impleading 36 persons as defendants in the suit. 2. Short facts relevant for the purpose of the case are that opposite party No.1 as plaintiff instituted a suit in ......rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ......in: 51 DLR (HCD) (1999) 486. ......rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ..Category: Procedural Law | Date: | Hits: 67
Shahidul Islam Vs. Mahbubul Alam and others, 1999, 18 CLC (HCD)
....ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485.......e J.- This Rule was issued calling upon the Mr. Mahbubul Alam, Editor of the Independent, Mr. KG Mustafa, Editor of the Muktakantha and Mr. Iqbal Ahmed, Publisher and Printer of the aforesaid two newspapers to show cause as to why they should not be punished for committing contempt of this Court for......High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Haque J Md. Muzammel Hossain J Shahidul Islam………………………….Petitioner Vs. Mahbubul Alam and others…………………………….Opposite Parties Judgment August 10, 1999. Resu......ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485...Category: Criminal Law | Date: | Hits: 69
Tahmid Ahmed Vs. Jalaluddin Jafar Ali Husein, 1999, 18 CLC (HCD)
.... by the Small Causes Court Act. 10. In the light of this legal position, it is now necessary to find out whether the Company court is vested with the jurisdiction to review its own judgment by the relevant enactments/laws, namely the Companies Act, 1994, Rules framed under the Companies Act and t......ise closed and concluded by a proper hearing, vide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483.......ner Vs. Jalaluddin Jafar Ali Husein………………………..Objector Judgment May 27, 1999. Result: The review application is not allowed. Cases Referred to- Maqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and others, 48 DLR (AD) 82; 50 DLR 429; 51 DLR 118; 48 DLR (......e company and the petitioner not only deprived the objector of this right to take part in the deliberation during the board meetings for threadbare discussion and authentication of the said important documents by not inviting him to the board meeting but also held the meeting in violation of the sai..Category: Company Law | Date: | Hits: 186
Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)
.... in the impugned order. 4. Petitioner having not stated as to how and under what authority he was appointed Mutawalli we directed the learned Advocate for the respondent Nos.2 and 3 to produce the relevant file and the same was duly produced at the time of hearing of the Rule. Petitioner also fil......uced at the time of hearing of the Rule. Petitioner also filed as affidavit-in-reply. We have perused the file of HC No.11278, petition, affidavit-in-opposition, affidavit-in-reply and other relevant papers and on consideration of the same along with order sheet of SC Case No.11278 we find that the ......(Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Serajuddin Shah (Md.)………………..Petitioner Vs. Secretary, Ministry of Religious Affairs and others………………..Respondents Judgment August 5, 1999. Result: The Rule is d......, is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479...Category: Trust/Waqf Law | Date: | Hits: 142
Shaikh Jahangir Hossain Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....at the said memorandum is illegal, that in pursuance of the terms and conditions of the tender entered into an agreement on 3‑5‑1992 in respect of the 'ka' schedule land and that he submitted the relevant documents. These were marked as Exhibit 1 series. He also submitted the documents embodying......991 in order to sell 74 plots, that the tenders were submitted on 3‑5‑1992, that the plaintiff also submitted his tender in due course. This witness submitted the tender notice and other relevant papers in connection with the tender which was marked as Exhibit Ka and Kha series. He also stated t......ellate Jurisdiction) Present: ABM Khairul Haque J K Musa Khaled J Shaikh Jahangir Hossain…………………………………..………..Appellant Vs. Government of Bangladesh and others................Respondents Judgment November 12, 2001. Result: The suit for s......id memorandum is illegal, that in pursuance of the terms and conditions of the tender entered into an agreement on 3‑5‑1992 in respect of the 'ka' schedule land and that he submitted the relevant documents. These were marked as Exhibit 1 series. He also submitted the documents embodying an agree..Category: Civil Law | Date: | Hits: 82
Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
....Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572.......aw, Justice and Parliamentary Affairs sent a letter to the Registrar of the Supreme Court vide Memo No. বিচার-২/১/২০০৭-১০১৭ dated 16.05.2007 requesting him to submit the papers and documents in respect of the application of the writ-petitioner. Thereafter, the Deputy Re......ndra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others………............Petitioners Vs. Md. Shafiqur Rahman……............................ and Parliamentary Affairs sent a letter to the Registrar of the Supreme Court vide Memo No. বিচার-২/১/২০০৭-১০১৭ dated 16.05.2007 requesting him to submit the papers and documents in respect of the application of the writ-petitioner. Thereafter, the Deputy Registrar of ..Category: Employment/Service Law | Date: | Hits: 86
....all file the concise statement to make the appeal ready for expeditious hearing.
The appeal is fixed for hearing on 23rd August, 2011.
Ed.
This Case is also Reported in: VIII ADC (2011) 567.
......all file the concise statement to make the appeal ready for expeditious hearing.
The appeal is fixed for hearing on 23rd August, 2011.
Ed.
This Case is also Reported in: VIII ADC (2011) 567.
......ra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Muhammad Imman Ali J
Muhammed Mamtaz Uddin Ahmed J
Md. Shamsul Huda J
Bangladesh Chemical Industries Corporation (BCIC) and another ..........Petitioners
Vs.
Zia Fertilizer Company Limited Workers and Employees Uni......all file the concise statement to make the appeal ready for expeditious hearing.
The appeal is fixed for hearing on 23rd August, 2011.
Ed.
This Case is also Reported in: VIII ADC (2011) 567.
..
Category: Company Law | Date: | Hits: 366
....e on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave petitions are summarily dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 562.......re made absolute, and as such, the present leave-petitions arising out of similar facts do not deserve any consideration by this Division.
11. We have considered the impugned judgments and other papers on record. The High Court Division observed that affidavits-in-opposition were not filed cont......resent:
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
The Chief Engineer, the Local Government and Engineering Department, LGED Bhaban, Agargaon, Shere-E-Bangla Nagar, Dhaka………………….......e on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave petitions are summarily dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 562...
Category: Employment/Service Law | Date: | Hits: 66
Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)
....risonment for 6 months and also convicting them under section 427 of the Penal Code and sentencing him thereunder to suffer for 3 months and the sentences were to run consecutively. 2. Short facts relevant for the purpose of the case are that, complainant Kasem Ali Bepari filed a petition of comp...... to surrender to their bail bonds immediately to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278.......wer Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278....... to surrender to their bail bonds immediately to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278...Category: Criminal Law | Date: | Hits: 73
AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)
.... be disproportionate to the known sources of income of the accused by the court shall be forfeited to the Government.” (Rest of the provisions of the section i.e. sub-sections (2) & (3) are not relevant for the present purpose). 12. It is the petitioner's contention that provisions of the A......id notice petitioner by his letter dated 10-7-1989 informed the Bureau that source of income is harness and that details of that were given to the Income tax authority. Petitioner submitted all d and papers authenticated by the Income Tax authority relating to source of income to the Bureau, Finally......l Procedure, Deputy Commissioner, Dhaka has been called upon to show cause as to why the order dated 5-6-1990 passed in Anti-Corruption Tribunal Case No.1 of 1990 of the Court of Senior Special Judge and Senior Special Tribunal (Anti-Corruption), Dhaka refusing to discharge the accused-petitioner fr...... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274...Category: Criminal Law | Date: | Hits: 62
State Vs. Tota Mia, 1997, 16 CLC (HCD)
.... told him to go to a place of safety and the police station not being far away he ran for it by chance helped by P.W.3. 19. In the instant case dying declaration is the only direct evidence. It is relevant under section 32(1) of the Evidence Act, but it is only a piece of evidence like any other ......their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244.......sent: Md. Gholam Rabbani J Nurul Islam J State……………Appellant Vs. Tota Mia………………Condemned Prisoner Judgment December 1, 1997. Result: The Jail Appeal and the Criminal Appeal are dismissed with the modification in sentence to the effect that death sen......their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244...Category: Criminal Law | Date: | Hits: 74
Nurul Huq Vs. Secretary, Rural Electrification Board and another, 1991, 20 CLC (HCD)
....antled the lines and that the Superintendent Engineer took action against the said M/s. Khan Prokousuli for the unauthorised construction. The petitioner further stated in his explanation that at the relevant time construction works were going on simultaneously in about 20/22 areas in Tangail under ......ade without 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: 45 DLR (HCD) (1993) 666. ...... (Special Original Jurisdiction) Present: Qazi Shafiuddin J Mainur Reza Chowdhury J Nurul Huq…………………………Petitioner Vs. Secretary, Rural Electrification Board and anr……………………………Respondents Judgment December 17, 1991. Result: ......ade without 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: 45 DLR (HCD) (1993) 666. ..Category: Employment/Service Law | Date: | Hits: 65
State Vs. Sree Ranjit Kumar Pramanik, 1990, 19 CLC (HCD)
.... court may consider it but failure to prove motive does not necessarily affect the prosecution case. On the other hand in Tawhid Alam Vs. State, 38 DLR 289 it was held- "Though motive is normally relevant in a criminal case, but the question of motive in this case which is based on circumstantia......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660....... 10, 1991. Result: The reference under section 364 of the Code of Criminal Procedure is rejected. Cases Referred To- Khashru alias Khorshed Vs. State, 35 DLR page 119; State Vs. Arman Ali and others, 42 DLR (AD) at page 50; Aijuddin Matbar Vs. Fagu Matbar, 31 DLR (AD) 101; Ali and others......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660...Category: Property Law | Date: | Hits: 69
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