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Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
....ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ......ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ......€¦â€¦â€¦Opposite Party Judgment February 1, 1996. Result: The Rule is discharged. Lawyers Involved: Amjad Hossain, Advocate ‑ For the Petitioner. Abdus Salam Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.788 of 1991. Judgment Kazi Ebadul Ho......ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ..Category: Procedural Law | Date: | Hits: 153
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ......claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ......and. The respondent Nos.1‑3 as plaintiffs filed the said Title Suit against the appellants and some others for declaration of their title in suit land measuring 1.26 acres described in the schedule to the plaint. 2. The case of the plaintiffs, inter alia, is that the suit land originally bel......e white papers to claim the suit property and if any such papers or documents appear to be created by or in the name of the pro forma defendant Nos.7 and 8 that will have no legal force in the eye of law as because they had already transferred their right to the suit land by registered deeds in favo..Category: Property Law | Date: | Hits: 154
Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)
....annot appear and defend the suit in view of rule 2(2) of Order 37 CPC the learned District Judge committed an error of law in its decision in passing the order dated 14.12.1988 occasioning failure of justice. He further submits that unless the defendant obtaining leave from the court he will be deba......of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490.......Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Md. Badruzzaman J Javed Traders and another…………Petitioners Vs. Premier Soap Factory Ltd. and another..........Opposite Parties Judgment February 16, 1992. Result......88 by the petitioner for vacating the order passed on 23.11.1988 on the ground that in absence of a prior leave obtained by the opposite party to appear and defend the suit the order was erroneous in law. The learned Judge, however, heard the application for vacating the order on 14.12.88 but withou..Category: Procedural Law | Date: | Hits: 155
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484....................Petitioner Vs. Government of Bangladesh.......................Respondents Judgment June 27, 1990. Result: The Rule is discharged. Cases Referred to- Government of Bangladesh Vs. MS Ispahani, 40 DLR (AD) 116; Mukhter Ahmed Vs. Government of......nt No.4 the Court of Settlement in Case No.34/87 (Ka‑89,‑Block‑F, Mohammadpur, Dhaka, Holding No.11A/8, Block ‘ F’ Mohammadpur, Dhaka) should not be declared to have been passed without any lawful authority and to be of no legal effect and why the respondents should not be directed to canc..Category: Property Law | Date: | Hits: 158
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
....ppeal is dismissed and the order of conviction and sentence pasÂsed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72.......ended that there are circumstantial evidence against the accused Kazi Enayet Hossain and Abul Kashem which would show that they have committed dacoity in the house of the informant. He submitted that according to the evidence of P.W.12 Golam Qibria, accused Kazi Enayet Hossain and Abul Kashem were f........Appellant Vs. The State…………………………………………………………….Respondent Judgment April 30, 1985. Result: The appeal is allowed. Cases Referred to- Hachi Meah and another Vs. the State,17 DLR 692 (Full Bench); Hatu Mullik and others Vs. the ......nce namely, the presence of 5 or more persons as required to commit dacoity has not been mentioned in the charge so framed and as such the convicÂtion of the accused appellants is not sustainable in law. To constitute an offence under section 391 of the Bangladesh Penal Code which defiÂnes dacoity..Category: Criminal Law | Date: | Hits: 142
Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)
....accordance with law against which the plaintiff-appellant-opposite parties have preferred appeal and the appellate Court without discussing the evidences allowed the appeal thus occasioned failure of justice. He further submits that both the plaintiff and the defendant though claimed the property by......Act. It appears that both the parties have adduced rent receipts and the petitioner has paid rent upto 1991 and there was mutation though the mutation proceeding is under challenge in the appeal and, according to decision 35 DLR (AD) 216, rent receipts are evidence of possession, and may be used as ......s Vs. Karim Khan and others………………………………………………….Opposite Parties Judgment December 1, 2002. Result: The Rule is made absolute. Cases Referred to- Lal Medh Vs. Haji Md. Ibrahim Meah, 28 DLR (AD) 61; Sultanuddin Chowdhury Vs. Government of B......ubmits that the trial Court after hearing the parties and the deposition and considering the Exhibits since found possession of the petitioner dismissed the suit which is very much in accordance with law against which the plaintiff-appellant-opposite parties have preferred appeal and the appellate C..Category: Property Law | Date: | Hits: 144
.... present Rule.
6. Mr. Md. Ruhul Amin, the learned Advocate appearing on behalf of the petitioners submitted that the court of appeal below committed serious errors of law occasioning failure of justice in dismissing the appeal and affirming the judgment and decree of the court below. He argued...... of law and thus call for no interference from this Court.
Accordingly, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 406.......site Party.
Civil Revision No.258 of 1988 (Comilla).
Civil Revision No.3663 of 1991 (Dhaka).
Judgment
Quazi Shafiuddin J.- This Rule was issued calling upon the opposite party to show cause why the judgment and decree dated 28.4.88 passed by the District Judge, Noakhali in Ti......this court and obtained the present Rule.
6. Mr. Md. Ruhul Amin, the learned Advocate appearing on behalf of the petitioners submitted that the court of appeal below committed serious errors of law occasioning failure of justice in dismissing the appeal and affirming the judgment and decree of..
Category: Labour and Industrial Law | Date: | Hits: 233
....e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 403....... case. The petitioner's case is that he is a pilot of Bangladesh Biman. He applied to the Directorate of Housing and Accommodation for giving him a Government accommodation for his family to live and accordingly ground floor of house No. B/18, Zakir Hossain Road, Mohammadpur, Dhaka was allotted to t......ent
January 24, 1991.
Result:
The Rule is made absolute.
Lawyers Involved:
Md. Fazlul Karim with Azizul Huq, Advocates ‑For the Petitioner.
SA Hasan, Assistant Attorney‑General ‑ For the Respondents.
Writ Petition No.158 of 1990.
Judgment
A...... issued declaring Memo No. A(28I)DA/89/265 dated 15.1.90 issued by the Assistant Director, Government Housing and Accommodation Directorate, Bangladesh Secretariat, Dhaka (Annexure 'C') to be without lawful authority and of no legal effect.
2. In order to appreciate the background of the impug..
Category: Property Law | Date: | Hits: 160
Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....ent of fundamental rights, it is not necessary to avail of the alternative remedy, if any. He further submits that, in fact, the order is not appealable. He also submits that the principle of natural justice was not followed in the instant case. He has drawn our attention to section 21 of the Foreig...... passport was seized at Zia International Airport by an order cancelling the passport as a criminal case was pending against him on the allegation that his brother was caught with some US Dollars and accordingly a case under section 8 of the Foreign Exchange Regulation Act, 1974 was started and poli......by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others ………..Respondents Judgment February 17, 1992. Result: The Rule is made absolute. Case Referred to- Syed Mokbul Hossain Vs. Government of Bangladesh & ors. 44 DLR 39. Lawyers Involved: ......ports on behalf of the Government directing the petitioner to hand over his passport under Article 7 (2)(c) of the Bangladesh Passport Order, 1973 should not be declared to have been made without any lawful authority and to be of no legal effect. The said memorandum has been filed by the petitioner ..Category: Business or Commercial Law | Date: | Hits: 601
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
....text and the other clauses of the Act, so far as possible, to make a consistent enactment of the whole statute or series of statutes relating to the subject matter." (10) Further we have to render justice according to law as has been laid down in the case of Nur Muhammad & ors. Vs. Moulvi Mai......vited verbally Mr. Sajjad Ali Chowdhury, the learned Assistant Attorney‑General to address us on the point of the maintainability of the appeal as nobody appeared for the respondent. The appeal has accordingly been further heard. At the time of further hearing the learned Advocate Mr. Nazrul Islam......so Reported in: 44 DLR (HCD) (1992) 394. ...... preparation of the paper book in the appeal was dispensed with. We heard this Misc. Appeal and fixed it for judgment on 6.7.92. But on that date it struck us as to whether the appeal is competent in law, the impugned order being passed by the Artha Rin Adalat. Then we again fixed this appeal for fu..Category: Civil Law | Date: | Hits: 169
....ormulated in this application is in the affirmative and against the Revenue.
Parties are to bear their respective costs althrough.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 389.
......ormulated in this application is in the affirmative and against the Revenue.
Parties are to bear their respective costs althrough.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 389.
......tive and against the Revenue.
Parties are to bear their respective costs althrough.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 389.
......ation No. 5 of 1989 (Chittagong).
Judgment
AM Mahmudur Rahman J.- This application under section 66 of the Income Tax Act, 1922 is at the instance of Revenue referring the following question of law said to have arisen out of the order of the Taxes Appellate Tribunal, Chittagong Bench, Chittago..
Category: Fiscal/Taxation Law | Date: | Hits: 266
Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)
....h had led the suit to be decreed ex parte. In other words, it was held that the defendant could not prove his case under Order 9, rule 13 C.P.C. The learned Munsif, however, observed that for ends of justice the petitioner (defendant) need be given an opportunity for contesting the original suit on ......ex parte decree purporting to act in the exercise of inherent power of the Court while finding at the time that the defendant could not make out any case under Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the imÂpugned order set aside. Ed. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Monohar Ali………………………………..Opposite Party Judgment August 9, 1984. Result: The Rule is made absolute. Cases Referred to- Panjab Ali Vs. Mokarram Hussain 29 DLR (SC) 185; Arjun Singh Vs. Mohiadra Kumar AIR 1964. 993......decree upon exercise of its inherent power under section 151 C.P.C. if no case can be made out as required under Order 9, rule 13 thereof upon a reference to the reported decision it appears that the law is already well settled. It is not necessary to burden this judgment with all those decisions. T..Category: Procedural Law | Date: | Hits: 127
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....ircumstances, if it is held that delay of few months in disposing of those cases would by itself be an extenuating circumstances for not confirming death sentence, it would result in a miscarriage of justice which position legislature cannot have intended. In a proper case Govt. may consider the sam......called from Fakirhat Bazar by appellant Nurul, Jalil and Salam and told him that he (Nowsher) would be given Tk.2,000/00 if he could murder Elias and he (appellant Nowsher) agreed to the proposal and accordingly he along with appellant Nurul and Jalil being armed with lathi, dao and Chora ambused ne................................Appellants Vs. The State............................................Respondent Judgment May 11, 1986. Result: The appeals are dismissed. Cases Referred to- 13 DLR page 64; 27 DLR page 7; 37 DLR page 33; State Vs. Puhardhar Joydhar (31 DLR page 312);......ce cannot be treated to be mitiÂgating circumstance justifying lesser puniÂshment and further if such delay is alloÂwed to stand as mitigating circumstances it will amount to refusal to administer law as it stands and would perpetuate injÂustice. Leaned Deputy Attorney General further urged that..Category: Criminal Law | Date: | Hits: 134
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
....down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ......as not proper. 22. P.W.17 Abul Hossain, SI of Police claimed that occurrence took place on 6‑9‑1991 and that he came to know that the deceased was brought to Kotiadi Hospital for treatment and accordingly, he went there and his (deceased) condition having been serious he sent a requisition to.....................Appellants Vs. State..........................................................Respondent Judgment November 4, 2002. Result: The appeal is allowed. Cases Referred to- Abdur Razzak and another Vs. State, 28 DLR (AD) 35. Lawyers Involved: SMG Amirullah Cho...... and it may be written or it may be verbal or it may also be indicated by signs and gestures, in answer to questions, if the person making it is not in a position to speak. There is no requirement of law that a dying declaration should be recorded by a Magistrate as in the case of the confessional s..Category: Criminal Law | Date: | Hits: 111
Dr. Md. Shahjahan, AdvoÂcate Vs. Election Commission and others, 2011, 40 CLC (HCD)
....g infructuÂous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ......g infructuÂous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ......hahjahan, AdvoÂcate...............Petitioner Vs. Election Commission and others...............Respondents Judgment March 14, 2011. Result: The Rule is discharged. Cases Referred to- AFM Shah Alam Vs. Mujibul Hague, 41 DLR (AD) 68; AKM Mayeedul Islam Vs. Bangladesh Election C......t Nos. 1, 6 and 7 to show cause as to why the nomination paper of the respondent No.7 accepted by the Respondent No.1 in Second Appeal in the grab of review should not be declared illegal and without lawful authority. 2. Before issuance of the Rule on 18-12-2008, a vacation Bench of this Division..Category: Election Law | Date: | Hits: 231
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......…………………………Petitioner Vs. State and another……………………..Opposite parties Judgment August 18, 2009. Result: The Rule is discharged. Cases Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Ali Akkas Vs. Enayet Hossain, 17......es were presented on 28-7-2005 to the conÂcerned Bank but the same were dishonoured by the said bank due to insufficient fund. 5. It is further stated that on 2-8-2005 the complainant through its lawyer served a notice under section 138 of the Negotiable Instruments Act wherein they requested th..Category: Criminal Law | Date: | Hits: 103
Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)
....r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ......r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ......e signed on 26-9-2004) passed by the learned Joint District Judge, Court No.1, Noakhali in Title Suit No.25 of 2004 decreeing in the suit as alternative dispute resolution. 2. The respondent Nos.1 to 7 as plaintiffs instituted Title Suit No.25 of 2004 impleading the appellant as defendant No.35 w......and decree is liable to be set-aside. Mr. Abul Kalam Chowdhury further submits that during the proceedÂing no registered process was sent to the address of the present appellant which is required by law to do. As such the impugned judgment and decree is liable to be set-aside. 6. Mr. Md. Waliur ..Category: Alternative Dispute Resolution | Date: | Hits: 227
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
....জেরা। 18. On scrutiny, it is revealed that only P.W.2 Dulal Mia, P.W.3 Zakir Hossain and P.W.4 Ripon are required to be re-called and cross-examined. Thus we are of the view that ends of justice will met if a chance is given to the accused petitioners to re-call and cross-examine P.W. 2......in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......Bhuiyan and another……………………Petitioners Vs. State……………………Opposite Party Judgment March 24, 2009. Result: The Rule is made absolute. Case Referred to- Shahinur Alam Vs. State, 56 DLR 10. Lawyers Involved: Obaidul Hasan Shaheen with Bakir ......Brahmanbaria for trial who framed charge against the accused persons. 6. At the trial, prosecution adduced witnesses and the case is fixed for argument on 18-10-2007. At this stage, the conducting lawyer for the accused persons have already become the Additional Public Prosecutor in Brahmanbaria ..Category: Procedural Law | Date: | Hits: 129
Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)
.... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519.......(AD) 39 and 20 BLD (AD) 187. 9. On the other hand, Mr. Zainul Abedin, the learned Advocate appearing for the defendant-respondent No.1 supports the impugned decision of the trial Court, which was, according to him just correct and proper. The learned Advocate in the course of his argument upon pl......…Plaintiff-Appellant Vs. Minakhi Begum & others………………………….Defendant-Respondents Judgment March 10, 2011. Result: The appeal is dismissed. Cases Referred to- 2 MLR (AD) 215; 57 DLR (AD) 39; 20 BLD (AD) 187; 43 DLR 360; 4 BLC (AD) 193; 5 BLD (AD) 51. ......fering balance amount asked the plaintiff to execute and register the deed are perverse being contrary to the material evidence on record. The learned Advocate finally submits that the proposition of law is well settled that in case of sale of immoveable property time is not essence of the contract ..Category: Property Law | Date: | Hits: 105
....ot arbitrarily.
In the result, this Rule is discharged but without any order as to costs.
Anwarul Hoque Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 122.
......BJMC duly verified and authenticated the claim of the petitioners on 11.05.1978 and thereafter the resÂpondent No.3 asked the petitioners to furnish share certificates in support of their claim, and accordingly, the petitioners asked the Agrani Bank, added respondent No.4 and Uttara Bank to furnish......¦â€¦â€¦Respondents
Judgment
July 20, 1986.
Result:
The Rule is discharged.
Lawyers Involved:
Mainul Hosein with Joynul Abedin, Advocates - For the petitioners.
M.M. Huq, Deputy Attorney General with M. Delwar Hossain, Assistant Attorney General - For the Respondent No.1.
Md. ......er, 1982 pubÂlished in extraordinary Gazette are rules under Article 4 or under Article 24 of the BanglaÂdesh Industrial Enterprises (Nationalisation) Order, 1972 and as such they have the force of law creating a legal right of the petitioners to obtain transfer of the controlling shares, it is no..
Category: Company Law | Date: | Hits: 162
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