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....ntiff-Petitioner
Vs.
Assistant Custodian, Vested and Non-Resident Property and others……………Defendant-Opposite Parties
Judgment
January 14, 1998.
Result:
The Rule is made absolute.
Cases Referred to-
Sukhdev Vs. Ram Narain, AIR 1930 Allahabad 387; Sayanvna Vs. Ventak...... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134.......ment possessed the land in papers only and could not produce any piece of paper to show that it was ever leased out to anybody.
9. On consideration of the evidence oral and documentary the learned trial Court found that Pulin Behari never left for India, SA Khatian of the suit land stood in the n......urt
High Court Division
(Civil Revisional Jurisdiction)
Present:
Kazi AT Manowaruddin J
Binode Bihari Ghose………………Plaintiff-Petitioner
Vs.
Assistant Custodian, Vested and Non-Resident Property and others……………Defendant-Opposite Parties
Judgment
January..
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
....usiness without paying the due to the respondent 1 and appellant and respondent 2 others were trying to draw their bills for construction works done by the appellant mentioned in the schedule 1 and also trying to sell their properties mentioned in schedule No.2 with a to defraud the creditor and to ...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......uch service of notice the Court below by its order dated 1-1-96 fixed 30-1-96 for objection to the applications for attachment and also for filing written statement. 10. Thereafter on 27-11-95 the trial Court passed the order under appeal: “বাদীপক্ষের বিজ্ঞ ক......ourt Division (Civil Miscellaneous Jurisdiction) Present: AM Mahmudur Rahman J Md. Nurul Islam J Nirman International Ltd…………………Appellant Vs. Islam Steel Mills Ltd. and others……………………Respondents Judgment February 5, 1997. Result: The app..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....lam and others ...................................Petitioners Vs. Khatibuddin Ahmed and others......................Respondents Judgment January 18, 2004. Result: The Rule is made absolute. Cases Referred to- Safaruddin and others Vs. Fazlul Haque, 49 DLR (AD) 151; National B......y approved on 20‑4‑2003 by the Sub-Committee under his President ship and as 2/3rd majority of the members of the Samity was necessary to finally adopt the same as per Constitution, a meeting was called on 8‑5‑03 but could not be held due to conspiracy of some interested and vested quarters.......ent of fact and events with dates of the formation and functions of tile ad-hoc Committee including the date of receipt of the information of the judgment of the High Court Division received from the trial Court, facts and events of the Samity with date leading to amendment of Constitution, formatio......Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545...Category: Civil Law | Date: | Hits: 74
....e opposite party Nos.1-5 as plaintiffs filed a suit being Title Suit No.136 of 1998 in the Court of Subordinate Judge, 2nd Court, Sylhet for declaration of title and recovery of khas possession and also for declaration that the judgment and decree dated 15.6.1998 passed in Title Suit No.7 of 1995 by......uty Attorney General in the facts and circumstances of the case with regard to maintainability of the suit is plainly misconceived inasmuch as in this case the plaintiffs having not challenged the so-called requisition order of the then Pakistan Government. He adds that in the cited decisions namely......rein the Government officials have been living; that the plaintiffs claimed their title over the suit land on the basis of collusive deeds and as such the suit is liable to be dismissed.
4. At the trial the plaintiffs examined in all 5 (five) witnesses namely, PW-1, PW-2, PW-3, PW-4 and PW-5 and ......azzam Husain J
Government of Bangladesh, represented by the Deputy Commissioner, Sylhet..................Defendant No.1-Appellant-Petitioner.
Vs.
Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others................Plaintiff- Respondent-Opposite parties.
Judgment
August 19, 2010.
..
Category: Property Law | Date: | Hits: 64
Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)
....ng evidences. Therefore, we are not inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ......inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ......taken such decision to sell out the property belonging to the trust appears to be a prima facie case which cannot be decided by this Court. Further, it appears the charge has not yet been framed. The trial Court will testify the decision of the board and these are the matters for the trial Court acc......s also Reported in: 57 DLR (2005) 166. ..Category: Criminal Law | Date: | Hits: 93
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....ate Md. Siraj filed a complaint petition before the Court of Chief Metropolitan Magistrate, Chittagong, on 05.04.2004 against the accused petitioner along with 6 others alleging, inter alia, that his son Musa Binn Siraj aged about 20 years was Marine Engineer, who was working as 3rd officer in the v......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......the Code of Criminal Procedure, the High Court Division would not embark upon an inquiry as to the truth or falsehood of the allegations made against the accused person and that can be decided at the trial on taking evidence in support of the prosecution case. It is, also, important to remember that......me Court High Court Division (Criminal) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Mosharaf Hossain Sukani………………………Petitioner Vs. The State and another……………………Opposite parties Judgment June 3, 2009. Result: The ..Category: Criminal Law | Date: | Hits: 76
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....n: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......sh Gazette, extra ordinary issue, on June, 08, 2008 ("the impugned Ordinance") (Annexure-A) by which a Commission has been formed in the name and style Truth and Accountability Commission hereinafter called the Commission. 3. The petitioner's case is that in the preamble to the impugned Ordinance......য়। 4. Further case of the petitioners are that the Ordinance has been promulgated purportedly with an objects inter alia (a) to remove corruption through an alternative way of criminal trial of the offence and (b) to reduce the burden of the trial by the state, which are contrary to t......al Original Jurisdiction) Present: Mir Hashmat Ali J Shamim Hasnain J Adilur Rahman Khan, son of Dr. Ashequr Rahman Khan, House No.35 (Ground Floor), Road No.117, Gulshan, Dhaka-1212 and others………………….Petitioners Vs. Bangladesh, Represented by the Secretary, Pres..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
.... 27‑2‑1995 corresponding to GR No.16 of 1995. Special Tribunal found Babul guilty of offence under sections 19A and 19(f) of The Act. Following conviction he was sentenced to suffer rigorous imprisonment for 10 years and 7 years under the above sections respectively. Both the sentences to run co......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......t Attorney-General—For the State-Respondent. Criminal Appeal No. 446 of 1999. Judgment AK Badrul Huq J.— Babul having been depicted as offender for possession of weapons of offence faced trial of charge laid under sections 19A and 19(f) of the Arms Act of 1878 (For short The Act) before......diction) Present: AK Badrul Huq J Babul..............................Appellant Vs. State..............................Respondent Judgment August 14, 2002. Results: Appeal stands allowed. Case Referred to- Kanta Proshad Vs. State, AIR 1961 Allahabad 438. Lawyers I..Category: Criminal Law | Date: | Hits: 84
Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)
....ale child named Uday aged about 13 years and female child named Usha aged about 7 years. On transfer, the suit is renumbered as Family Suit No.08 of 2009. 3. In suit, on 05-04-2009 plaintiff sought for custody of children and trial Court allowed such custody for ten days. The same was rever......ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ......years and female child named Usha aged about 7 years. On transfer, the suit is renumbered as Family Suit No.08 of 2009. 3. In suit, on 05-04-2009 plaintiff sought for custody of children and trial Court allowed such custody for ten days. The same was reversed in appeal by the impugned order.....................Opposite party Judgment February 7, 2010. Result: The Rule is disposed of. Lawyers Involved: Mrs. Fauzia Karim Firoze, Advocate with Mr. Md. Tashaddak Hasan, Advocate and Mr. Khandaker Aminul Haque, Advocate − For the petitioner. Mr. Yusuf HossainHumayun, Advoca..Category: Family Law | Date: | Hits: 171
....nctioned a loan of Taka 1,93,19,000 by its letter dated 16‑2‑85. One of the conditions was hypothecation of the imported MV Polyxenie in addition to other securities worth of four crore. It was also agreed that plaintiffs would pay 35% and the bank 65% of the price of the imported ship.
3. Th......2,114.21 only with interest at the rate of 18% from the date of institution of the suit until realisation. Connected Civil Rule No. 230(F) of 1999 is discharged and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
......g jurisdiction to try subsequent suit, such decision would become conclusive and cannot be reopened in such subsequent suit.
23. But it may be noted that when an issue is raised and decided by the trial Court but in appeal neither affirmed nor reversed, that cannot be said to be finally decided a.......
This Case is also Reported in: 56 DLR (2004) 530.
..
Category: Civil Law | Date: | Hits: 92
Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
....r J Abdullah (Md) and others........................ Petitioners Vs. Majibul Huq and others ....................Opposite Parties Judgment May 18, 2003. Result: The Rule is made absolute. Lawyers Involved: Ferdausi Sahab, Advocate ‑ For the Petitioners. No one ‑ For ......essary to bring before the Court relevant materials of Title Suit No. 134 of 1958 upon which fraud and forgery were practiced by the predecessors of the defendant-opposite parties and obtained the so-called sole decree. The petitioners claimed that this is very much essential in the present suit and......d on behalf of the opposite parties but in the record a counter-affidavit filed by the opposite party Nos. 1‑4 is found. The contention therein appears to be that the application once rejected, the trial Court rightly rejected the subsequent application as the earlier order was not challenged in a......er as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ..Category: Civil Law | Date: | Hits: 75
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....led the CR Case No. 183 of 1999 against the opposite party No. 1 and another before the Magistrate, 1st Class, Habiganj alleging an offence under sections 406/420/34 of the Penal Code for sending his son abroad by the opposite party No. 1 and another. But subsequently, the opposite party No. 1 did n......e inevitable and irresistible result that follows is that the Rule should be discharged. In the result, the Rule is discharged. The order of stay granted on 28‑5‑2000 by this Court is hereby recalled. The accused-petitioners are directed to surrender before the Magistrate Court. The learne......ror reported in AIR 1925 (Oudh) 413, Sanmukhsingh and another Vs. King reported in AIR 1950 PC 31 are the decisions consistently held that the absence of complaint by Court cannot stand as a bar to a trial of any offence for forgery if the original alleged document is not used or given in evidence i......so Reported in: 56 DLR (2004) 519. ..Category: Criminal Law | Date: | Hits: 94
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....ection 47 of the Artha Rin Adalat Ain, 2003, briefly, the Ain, and that no suit could be filed by the defendants against the plaintiffs since any claim became barred under section 46 of the Ain and also for a perpetual injunction for restraining the defendants from showing the plaintiffs defaulter i......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......that the plaintiffs already paid 300% of the principal amount. 8. By impugned order, learned Joint District Judge held that he was satisfied that the plaintiff made out a good prima facie case for trial and the defendants failed to controvert by any papers in showing that the plaintiffs did not p......This Case is also Reported in: 57 DLR (2005) 154...Category: Civil Law | Date: | Hits: 71
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....own to be third director of the company with effect from 7‑12‑99. 5. It is further stated that constitution of the company had never been amended since 1969 and article 47 of the articles of association of the company shows that the petitioner is one of the two permanent directors of the comp......ation as a permanent director. 10. Such absence of the petitioner necessitated appointment of at least one director to comply with requirements of the Act. The sole surviving director accordingly, called a meeting of the board of directors on 18‑11‑99 for the purpose of induction of a new dir......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......(2005) 148. ..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
....nd 2000 i.e. within a space of about 4 years, and on 16‑2‑2000 he had misappropriated a further amount of Taka 1,80,000. Petitioner has filed a supplementary affidavit in which he has annexed a resolution of the Board of Directors of the bank, Annexure‑F‑1, approving a monthly allowance of T...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......n 234. Section 234 provides that if an accused committed more offences than one of the same kind within a space of twelve months from the first to the last offence, he may be charged and tried at one trial, with any number of them not exceeding three. There is total misjoinder of charges and the lea......rst information report with the Gulshan Police Station against the petitioner alleging, inter alia, that on 16-2‑2002 he had misappropriated Taka 1,80,000, that during the period between 2‑9‑96 and 5‑6‑2000 he had misappropriated Taka 6,51,015 by withdrawing from the bank and that a portio..Category: Criminal Law | Date: | Hits: 89
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
....s in the case of Hazi Mohammad Jayan Ali and another Vs. Jaju Pramanick and ors reported in 53 CWN (1 DR 61) and in the case of Kafiluddin Chowdhury Vs. Dr. Abdus Sattar reported in 20 DLR 1220 and also in the case of A Jafar Vs. A Hamid reported in 29 DLR 306 and in the case of Belayet Hossain and ......dvocate-Amicus Curie. Joya Bhattacharjee, Advocate-For the Opposite Parties. Civil Revision No.1436 of 2002. Judgment Bijan Kumar Das J.- By this Rule the opposite parties Nos. 1‑7 were called upon to show cause as to why the impugned judgment and order No.76 dated 30‑1‑2002 passed...... of 1998 was fixed for peremptory hearing on 2‑8‑2001 when the pre‑emptors were not present but the pre-emptees were present and a prayer for adjournment was made by the pre‑emptors but the trial Court rejected the said prayer and dismissed Miscellaneous Case No.5 of 1998 for default. ...... This Case is also Reported in: 57 DLR (2005) 143. ..Category: Property Law | Date: | Hits: 52
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
.... ...... Md. Asaduzzaman, Advocate—For Respondent No.1. Matter No. 74 of 2003. Judgment Syed Amirul Islam J.- This is an application filed under section 241 of the Companies Act, 1994 (hereinafter called 'the Act'). The petitioner was an employee of the Bangladesh Jute Mills Association (hereinaf...... damages for breach of contract or remuneration due for services rendered do not fit in with the category of 'debt' because the quantum of the claim has to be decided in such cases on evidence at the trial. In the case of 'debt', quantum is definite and certain and, in fact, cannot be disputed. This......Court High Court Division (Original Civil Jurisdiction) Present: Syed Amirul Islam J SMA Matin Sarker.............................Petitioner Vs. Bangladesh Jute Mills Association and another...................Respondents Judgment March 28, 2004. Results: The applicat..Category: Employment/Service Law | Date: | Hits: 144
....others....................Petitioners
Vs.
Controller and Auditor General of Bangladesh and 4 others.............Respondents
Judgment
April 18, 2004.
Result:
This Rule Nisi is made absolute.
Lawyers Involved:
Dr. Kamal Hossain, Advocate with Ashraful Hadi, Sara Hossain, Tanjib....... This great idea of universal suffrage has a very long history. The concept has been developed with the advent of civilisation as a part of democratic process amongst the homo sapiens of this planet called Earth, in contradistinction to the beasts and birds.
18. In the dawn of the civilisation, ......already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
......rted in: 57 DLR (2005) 113.
..
Category: Employment/Service Law | Date: | Hits: 99
.... Cold Storage Ltd. and another.................Petitioners
Vs.
Chairman, Power Development Board and others............Respondents
Judgment
June 23, 1999.
Result:
The Rule is made absolute.
Lawyers Involved:
SM Moonir, Advocate—For the Petitioner.
Zakir Hussain Mazumder,......1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
......e electric line of the said cold storage whereupon the petitioners instituted Title Suit No.14 of 1994 against the respondent to restrain them permanently from disconnecting the electric line but the trial Court refused to grant injunction whereupon the Petitioners filed Title Appeal No.130 of 1995 ...... Reported in: 57 DLR (2005) 109.
..
Category: Others | Date: | Hits: 135
Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)
....Ahmed J Al-Imran Ali and others..........................Petitioners Vs. Sudangshu Kumar Banik and others.......Respondents Judgment November 30, 2004. Result: The Rule is made absolute. Case Referred to- Nanjan Vs. Selai and others, AIR 1958 Madras 383. Lawyers Involve......2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106........30 for substitution of the heirs of defendant No.3 and accepting the additional written statement of the defendant No.30 dated 17-6‑2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is a......ly as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106...Category: Property Law | Date: | Hits: 50
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