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Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
...., Advocate-on-Record—For the Respondents No.1-8, 10, 11 & 13-20. Ex-parte—Respondent No. 9 Struck off Respondent No.12. Civil Appeal No. 25 of 1973. (From the Judgment and Order dated 30-769 passed by the Dacca High Court in S A. No. 827 of 1965.) Judgment Debesh Chandra ...... of Mainuddin, as it was a protected interest under section 160 of the Bengal Tenancy Act. In case, however, such an interest is held to be an encumbrance it had not been annulled by service of a notice, as required under section 167 of the Bengal Tenancy Act. The story of granting settlement by......inst a judgment of a Bench of the Dacca High Court, setting aside in a Second Appeal a concurrent judgment of the Courts below and decreeing the suit brought by the respondents against the appellants for recovery of khas possession of the land in suit on declaration of their title thereto. 2. The..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
....oner. Nizamuddin Haider, Advocate, instructed by M. R. Khan, Advocate-on-Reeord—For the Respondents No.1 and 2. Civil Petition for Special Leave to Appeal No. 173 of 1977. (From the Order dated 3-6-77 passed by the High Court in Civil Revision Case No. 582 of 1977). Judgment Debesh......ts from publishing the result of the said election to the office of the Chairman as well as to the office of the members from Ward No. 2 of the Union Parishad till disposal of the suit, whereupon a notice was issued calling upon Respondent No.12, the S.D.O. (South), Dacca to show cause why he shou......ate, intruded by H.C. Panday, Advocate-on-Record—For the Petitioner. Nizamuddin Haider, Advocate, instructed by M. R. Khan, Advocate-on-Reeord—For the Respondents No.1 and 2. Civil Petition for Special Leave to Appeal No. 173 of 1977. (From the Order dated 3-6-77 passed by the High Cou..Category: Civil Law | Date: | Hits: 111
....the Appellant.
B.B. Roy Chowdhury, Assistant Attorney-General, instructed by the S.S. Hoda, Advocate-on-Record—For the Respondents.
Civil Appeal No.13 of 1976.
(From the judgment and order dated 3-2-71 passed by the Dacca High Court in petition No.124 of 1970.)
Judgment
Debesh Chan......de by Mr. M.H. Khandker, the appellant, who happens to be a lessee of a residential plot of land under the Government at Dhanmandi Residential Area in the, city of Dacca, by which the validity of a notice calling upon the appellant to pay certain taxes in addition to annual rent payable in respe......vil)
Present:
Syed ABM Husain CJ
Debesh Chandra Bhattacharya J
Fazle Munim J
M H Khandker, Advocate……………………………………………Appellant
Vs.
Bangladesh (formerly Province of East Pakistan) & another..........Respondents
Judgment
July 27, 19..
Category: Property Law | Date: | Hits: 114
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
.... - for the respondent. Criminal Appeal No. 2451 of 1995. Judgment Md. Ruhul Quddus J.- This appeal under section 410 of the Code of Criminal Procedure is directed against judgment and order dated 30.10.1995 passed by the Additional Sessions Judge, Naogaon in Session Case No.40 of 1994 conv...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ........... Appellants Vs. The State................................... Respondent Judgment April 20, 2011. Result: The appeal is allowed. Lawyers Involved: Afsana Begum, Advocate - for the appellants. Promila Biswas, Deputy Attorney General - for the respondent. Criminal App..Category: Criminal Law | Date: | Hits: 103
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....l - for the respondent. Criminal Appeal No.1315 of 1996. Judgment Md. Ruhul Quddus J. - This appeal under section 410 of the Code of Criminal Procedure is directed against judgment and order dated 31.8.1996 passed by the Assistant Sessions Judge, Bogra in Session Case No.93 of 1994 convicti...... at 10 p.m. He woke up at about 3.30 a.m. as some persons were talking outside the room. He saw in electric light that some thieves were lifting the motorbikes in a truck parked on main road. He also noticed that some of the kerosene barrels kept at the courtyard, were not available. Instantly he ca.........................Respondent Judgment April 19, 2011. Result: The appeal is allowed. Case Referred to- State Vs. Manu Miah, 54 DLR (AD) 60. Lawyers Involved: No one appears - for the appellant. Salma Rahman, Assistant Attorney General - for the respondent. Criminal App..Category: Criminal Law | Date: | Hits: 105
Al-Amin Vs. State, 2011, 40 CLC (AD)
....ner. M.K. Rahman, Additional Attorney General (appeared with the leave of the Court)—For the Respondent. Criminal Petition for Leave to Appeal No. 428 of 2010. (From the judgment and order dated 9.6.2010 passed by the High Court Division in Criminal Miscellaneous Case No.21309 of 2008.) ......tedly the petitioner is not an FIR named accused. The confessing accused also have not implicated him directly although they have implicated some other accused persons. The High Court Division though noticed that the informant lodged a G.D. entry with the local police station alleging that the petit......tructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Petitioner. M.K. Rahman, Additional Attorney General (appeared with the leave of the Court)—For the Respondent. Criminal Petition for Leave to Appeal No. 428 of 2010. (From the judgment and order dated 9.6.2010 passed by the Hi..Category: Criminal Law | Date: | Hits: 96
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
.... the Respondent Nos. 1-15—Not represented. (In Civil Petition No. 2353 of 2010) Civil Petition for Leave to Appeal Nos. 1973, 1974, 2104, 2051 & 2353 of 2010. (From the judgment and order dated 11th August, 2010 passed by the High Court Division in Writ Petition Nos.1222, 2252 of 2009, 8......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. .....................Respondents (In all the cases) Judgment July 24, 2011. Result: The petitions are dismissed. Case Referred to- Council of Civil Service Union and others Vs. Minister for the Civil Service, 1985 (AC) 374. Lawyers Involved: Abdul Matin Khashru, Senior Advocate, ..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....5. Judgment Siddiqur Rahman Miah J. - This Death Reference being No. 50 of 2005 and Jail Appeal No. 421 of 2005 at the instance of Md. Jahangir Mallik is directed against the judgment and order dated 27-4-2005 passed by the learned Additional Sessions Judge, First Court, Barisal in Sessions Ca......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......e the Death Reference being No. 50 of 2005, and Jail Appeal No. 421 of 2005 have arisen out of same judgment and order dated 27-4-2005, hence the Death Reference and Jail Appeal are taken up together for disposal by this judgment. 3. Prosecution case, in short, is that, on 19-4-2000 at 5.00 AM wh..Category: Criminal Law | Date: | Hits: 87
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
....espondents. Appeal from Original Decree No. 249 of 1997. Judgment Mashuque Hosain Ahmed J. - This first appeal has been preferred by the plaintiff appellants against the judgment and decree dated 24-7-1997 passed by the learned Subordinate Judge, 1st Court, Gazipur in Title Suit No. 17 of ...... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ......s Judgment August 11, 2009. Result: The appeal is allowed. Case Referred to- Firoja Mazib Vs. JB Corporation, 39 DLR (AD) 78. Lawyers Involved: Abdul Wadud Bhuiyan with SRM Lutfor Rahman Akhand, Advocate - For the Appellants. None appears - For the Respondents. Appeal f..Category: Property Law | Date: | Hits: 71
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....llant. No one appears - For the Defendant-Respondents. First Appeal (FA) No. 113 of 1994. Judgment Khondker Musa Khaled J. - This First Appeal, is directed against the judgment and decree dated 26-2-1994 passed by the learned Subordinate Judge (Joint District Judge), Artha Rin Adalat No.......tgaging his property against the sanctioned loan. The defendant No. 1 withdrew the loan amount but did not repay the same in accordance with the terms and conditions of the contract. Several reminder notices were served on the defendant No. 1 for payment of loan money after expiry of the period for ......rned Subordinate Judge (Joint District Judge), Artha Rin Adalat No. 3, Dhaka, in Title Suit No. 209 of 1990 dismissing the suit. 2. The Pubali Bank as the plaintiff, filed the above mentioned suit for realisation of loan money sanctioned under a usufructury mortgage against the defendants contend..Category: Civil Law | Date: | Hits: 116
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....es of the petitioners. As a result, the Board of Directors of the respondent No. 3 approved the terms and conditions for the settlement of the petitioners liabilities and respondent No. 3 vide letter dated 25-2-1995 communicated the terms and conditions of the compromise. The petitioner by a letter ...... facilities from various banks, which is causing a total disruption and stoppage in the business of the petitioners. The CIB Report has been published by the respondent No. 1 periodically without any notice to the petitioners and it has been also circulated to all banks behind the back and knowledge......pany engaged in jute mills business and petitioner No. 2 is its Managing Director. Petitioner No. 1 has been enjoying various loan, overdraft and banking facilities from its banker, respondent No. 3, for the purpose of its business; that the respondent No.1 has been enjoying various loan, overdraft ..Category: Civil Law | Date: | Hits: 121
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
....making of the film, the claims payable to FDC stood at Taka 35,93,315 out of which Taka 11,60,000 remained unpaid. At the time of taking delivery of the release-print of the film they issued two post-dated cheques for payment of the unpaid dues. The cheques were presented by the FDC for encashment, ...... the release-print of the film they issued two post-dated cheques for payment of the unpaid dues. The cheques were presented by the FDC for encashment, but dishonored. Then FDC, after several written notices, issued the final notice dated 21-3-2001. under section 32 of the Film Development Corporati......osite party No. 1 being the Bangladesh Film Development Corporation (BFDC) represented by its Law Officer Md. Ruhul Amin. 2. We have heard Mr. Md. Khurshid Alam Khan the learned Advocate appearing for the accused-petitioners and Mr. Md. Mamunor Rashid, the learned Assistant Attorney General appea..Category: Criminal Law | Date: | Hits: 95
....
Arbitration Case No. 2 of 2006.
Judgment
Zubayer Rahman Chowdhury J. - This is an application under section 42 read with section 43 of the Arbitration Act, 2001 for setting aside the Award dated 8-4-2006 passed by the Arbitral Tribunal in an arbitration proceeding between Saudi Arabian Ai......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......ocates - For the Respondent.
Arbitration Case No. 2 of 2006.
Judgment
Zubayer Rahman Chowdhury J. - This is an application under section 42 read with section 43 of the Arbitration Act, 2001 for setting aside the Award dated 8-4-2006 passed by the Arbitral Tribunal in an arbitration proceed..
Category: Alternative Dispute Resolution | Date: | Hits: 385
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
....ing accused (3) Abu Bakar, (4) Bipul, (5) Miru, (6) Babul and (7) Titu convicting them under sections 302/34 of the Penal Code in Druta Bichar Tribunal Case No. 34 of 2004 by the judgment and order dated 13-2-2005. In addition to the sentence of death those convicts were also sentenced to pay ...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ......d 153 of 2005. Judgment AKM Fazlur Rahman J. - This reference under section 374 of the Code of Criminal Procedure has been submitted by the learned Judge of Druta Bichar Tribunal No. 3, Dhaka for confirmation of sentence of death awarded by him to condemned prisoners, (1) Md. Anwar Hossain ..Category: Criminal Law | Date: | Hits: 67
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
....owdhury J.- This Rule arises out of an application under section 439 of the Code of Criminal Procedure and is directed against the judgment and order passed by the learned Sessions Judge, Madaripur dated 25.6.86 dismissing the Criminal appeal No.33 of 1986 by upholding those passed by the lear...... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306.......tion of the witnesses found that the prosecution had been able to prove the charge as leveled against the accused beyond all reasonable doubts and having found so, convicted and sentenced them, as aforesaid. 4. On appeal the learned Sessions Judge, Madaripur upheld the said judgment and order..Category: Criminal Law | Date: | Hits: 76
....Record- For the Appellants.
Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No.1.
Not represented-Respondent Nos. 2-3.
Civil Appeal No. 223 of 2007.
(From the judgment and order dated 06.02.2006 passed by the High Court Division in Writ Petition No.5599 of 2004).
Judgment
......C made applications for correction. It appears from the judgment that correction of name was made in respect of an employee, namely, Md. K. M. Sayed after about 30 years. The High Court Division also noticed that the date of birth of respondent No. 5 was corrected even after about 32 years. The writ......nverted into figure ‘7’. In view of the anomaly in the service book the petitioner thought it necessary to obtain a duplicate Secondary School Examination Certificate. He took all necessary steps for the purpose. Eventually the petitioner succeeded in obtaining a duplicate certificate of the res..
Category: Employment/Service Law | Date: | Hits: 739
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....d by Chowdhury Md. Zahangir, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 1193 of 2011. (From the judgment and order dated 03.10.2010 passed by the High Court Division in Writ Petition No.6864 of 2004). Order Sy...... some correction in the letter dated 19.8.2004. By his order under Memo No. n¡M¡-9/1Hm-22/2000/692 dated 4.12.2004 respondent No.4 cancelled the allotment of the writ-petitioner without issuing any notice for showing cause. Pursuant to the allotment letter, the writ-petitioner deposited 25% of the......, Senior Advocate (with Rokanuddin Mahmud, Senior Advocate), instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 1193 of 2011. (From the judgment and order dated 03.10.2010 passed by the..Category: Property Law | Date: | Hits: 79
....kunuddin Mahmud, Senior Advocate (with Mahbub Ali, Advocate), instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondents.
Civil Appeal No.59 of 2011.
(From the judgment and order dated 23.11.2009 passed by the High Court Division in Writ Petition No.7625 of 2009.)
Judgment
......rt Division observed that on the question of the liability of the Government to absorb Ex-Mujibnagar Employees there are decisions of the High Court Division but it did not refer and discuss them. It noticed the above judgment of this Division. Anyway, in presence of a judgment of this Division on t......625 of 2009.)
Judgment
Surendra Kumar Sinha J.- Leave was granted to consider the question whether the High Court Division was justified in giving full relief to the writ petitioners without affording the appellants an opportunity of being heard and secondly, whether the unreported decision o..
Category: Others | Date: | Hits: 138
Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)
....92, 1360, 1365, 1366, 1516, 1681, and 1405 of 1993. Judgment Kazi Ebadul Hoque J.- In all these Rules assessments of customs duty by the customs authority on the basis of SROs subsequent to the date of opening of Letters of Credit are under challenge. Common question of law having been involve......r of credit or he was to pay customs duty on the basis of tariff value which was in force on the date when the Bill of Entry was presented for assessment of customs duty. In that decision it has been noticed that tariff value is fixed by the Government according to the suggestions of the high powere......nt to the date of opening of Letters of Credit are under challenge. Common question of law having been involved in all these Rules these are being disposed of by this judgment. 2. Learned Advocate for the petitioner of the respective Rule after placing the petitions and other materials on record ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Kamal Miah (Md.) alias Nasim Vs. State and another, 1998, 27 CLC (HCD)
....inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ......has submitted that the petitioner preferred Criminal Appeal No.104 of 1990 before the Sessions Judge, Luxmipur but after admitting the appeal, the Court directed the appellant to submit copies of the notice and thereafter also directed to show cause as to why the appeal should not be dismissed for n......amidul Haque J.- By this Rule, the opposite parties were directed to show cause as to why the delay of 372 days in filing the revisional application should not be condoned. 2. The learned Advocate for the petitioner has submitted that the petitioner preferred Criminal Appeal No.104 of 1990 before..Category: Criminal Law | Date: | Hits: 63
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