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Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
...., Attorney-General, with Sultan Hossain Khan, Deputy Attorney-General, instructed by M. R. Khan, Advocate-on-Record - Amicus Curiae. Civil Appeal No. 33 of 1976. (From the Judgment and Order dated 17-1-1974 passed by the High Court Division in Civil Revision Case No.582 of 1973). Judgmen......l land every year as was made by Lord James in the case of Felix Lopez, is to be understood in the conÂtext of the natural features of soil and the behaviour of the rivers of the region. It is to be noticed that the right of accretion could be claimed by a riparian owner of lands, in respect of s......ancy Act as amended by President's Orders No.72, 135 and 137 of 1972. 2. The appellants instituted the suit beÂing Title Suit No.30 of 1948 in the Second Court of the Subordinate Judge, Barisal, for a declaration of the plaintiffs' right, title and interest in the disputed lands as Karsha tenÂ..Category: Property Law | Date: | Hits: 133
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....by Nurul Islam Chowdhury, Advocate-on-Record-For Respondent Nos.1-13. Not represented- Respondent Nos.14-113. Civil Petition for Leave to Appeal No.681 of 2009. (From the judgment and order dated 15.01.2009 passed by the High Court Division in Civil Revision No.1396 of 2007.) Judgment ......wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ......-For the Petitioners. Abul Kalam Mainuddin, Advocate, instructed by Nurul Islam Chowdhury, Advocate-on-Record-For Respondent Nos.1-13. Not represented- Respondent Nos.14-113. Civil Petition for Leave to Appeal No.681 of 2009. (From the judgment and order dated 15.01.2009 passed by the H..Category: Procedural Law | Date: | Hits: 100
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
.... 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite party to show cause as to why the proceedings of ACC GR Case No.51 of 2008 arising out of Shyampur PS Case No.1 dated 1-2-2008 under sections 420/409 of the Penal Code, now pending in the 4th Court of Additional ......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......d not quashed, so far it relates to the accused-petitioner, or any other order passed as to this Court may deem fit and proper. 2. By the said Rule issuing order all further of proceedings of the aforesaid case were stayed. 3. The facts relevant for the purpose of disposal of the Rule are that..Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
..... Judgment SAK Md. Dabirus Shan J.- These two Rules in Civil Revision Nos. 661 of 2006 and 662 of 2006 were issued calling upon the opposite party Nos.1 and 2 to show cause as to why and decree dated 25-1-2006 and 31-1-2006 respectively passed by the learned Joint District judge, 1st Court, Fe......according to her sweet will and used to go out from her husband's house frequently to visit her father's house and relations' house. At last finding no other alternative, the plaintiff sent a divorce notice to the defendant No.2 on 4-10-2001 through local Pourashava. After receipt of that notice a S......out of same Judgment let both the Rules be disposed of by this single Judgment. 3. The petitioner here as plaintiff filed Title Suit No.63 of 2003 in the Court of Assistant Judge, Feni Sadar, Feni for declaration that the gift deed No. 6457 dated 25-11-2001 registered with Feni Sadar Sub-registry..Category: Family Law | Date: | Hits: 167
Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
....se of business they got acquainted with each other. Taking advantage of this acquaintance, the accused had been able to earn trust of the complainant. In this way the accused petitioner, on different dates, took on credit rod and cement from the complainant worth Taka 13,74,429 and to discharge the ......ted dishonour of the cheques were duly informed to the accused-petitioner. The cheques were lastly dishonoured on 3-4-2007 and 15-4-2007. Hence, the complainant had issued, upon the accused, a demand notice dated 19- 4-2007, under section 138 of the NI Act, and demanded payment of Taka 12,84,600, be......led seeking quashment of the proceedings of Metropolitan Sessions Case No.793 of 2008 under section 138 of the Negotiable Instruments Act, 1881, arising out of CR Case No.1 309 of 2007, now pending before the Court of Joint Metropolitan Sessions Judge, Court No.5, Dhaka. 2. The case of the compla..Category: Criminal Law | Date: | Hits: 86
....tating that a large portion of Bangladesh was within the vulnerable earthquake zone.
4. It is reported that in future there is possiÂbility of occurrence of severe earthquake in Bangladesh. Till date, proper rescue arrangement is not available in our country. If an earthquake of higher magnitud......distressing news items about the danger of impending severe earthquake, the concerned authority of the Government has not yet been properly equipped to face the danger.
5. The petitioner served a notice upon the respondents demanding justice for taking adequate preparation and arranging rescue e......orted in: 63 DLR (HD) (2011) 71.
..
Category: Constitutional Law | Date: | Hits: 211
Momena Khatun and othÂers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....he Respondents. First Appeal No.216 of 2007 with Civil Rule No.497(f) of 2007. Judgment Sharifuddin Chaklader J. - This appeal by the plaintiffs, directed against Judgment and Decree dated 19-6-2007 passed by the learned Joint District Judge, Arbitration Adalat, Dhaka dismissing Tit......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......der J. - This appeal by the plaintiffs, directed against Judgment and Decree dated 19-6-2007 passed by the learned Joint District Judge, Arbitration Adalat, Dhaka dismissing Title Suit No.102 of 2004 for Specific Performance of Contract. 2. Appellants who are plaintiffs, stated in the plaint, tha..Category: Property Law | Date: | Hits: 78
Hanif Shaikh (Md) Vs. Government of BanglaÂdesh and others, 2004, 33 CLC (HCD)
....eneral ‑ For Respondent No. 2. Writ Petition No. 3396 of 2002. Judgment SAN Mominur Rahman J. - Rule was issued as to why the office order bearing No. Memo No. Je: Pro: Nat: //8‑4/02/423 dated 4‑7‑2002 passed by the respondent No. 2 cancelling the declaration of "Dainik Uttarbanga B......fact that the said newspaper has regretted for publication of such incorrect names at the first page of its issues published on 28th and 29th of March, 2002 and the respondent No. 2 issued show cause notice bearing Memo No. Je: Pro: Nat:/Sha:/8‑4/02/194 dated 27-Â3‑2002 asking the writ petition......t petition, should not be declared to be without lawful authority and of no legal effect. The Rule has been opposed, but no affidavit-in-opposition has been filed. 2. Learned Advocate appearing for the petitioner taking us through the application and the Annexure thereto, submitted that the ne..Category: Information Technology Law | Date: | Hits: 282
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
....T Manowaruddin J. - This Rule under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondent Nos. 1‑7 to show cause as to why the impugned order dated 25‑3‑2001 (Annexure‑B to the petition) passed by the Additional District Judge, Court No...... Waqf Ordinance, it is observed: "It appears from the wordings of this section that the aggrieved party may file an appeal to the District Judge within 3 months from the date of the receipt of the notice of the order of the Waqf Administrator. It is further provided in this section that the decis......d without any lawful authority. 2. The petitioner's case, in short, is that one Mosammat Nurjahan Begum mother and predecessor of the petitioner, filed Miscellaneous Judicial Case No. 23 of 1990 before the learned District Judge, Jessore under section 35 of the Waqf Ordinance, 1962 for setting as..Category: Trust/Waqf Law | Date: | Hits: 153
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....al ‑ For the Opposite Party. Criminal Appeal No. 1195 of 2004. Judgment Khademul Islam Chowdhury J. - This appeal at the instance of the accused Ruhul Amin Kha is directed against an order dated 20‑3‑2004 passed by the Senior Special Tribunal, Barisal in Special Tribunal Case No. 70 o......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......osive Substance Act, 1908 framing charge against the appellant under section 3 of the said Act. 2. The prosecution case, in short, is that, on 17‑1‑2003 at 19.30 hours one Shah Alam Molla as informant lodged the first information report with Muladi PS against 9 accused persons including the a..Category: Criminal Law | Date: | Hits: 64
National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)
....Ezaz Rahman, Advocates ‑ For the Petitioner. Writ Petition No. 985 of 1999. Judgment Md. Marzi ul Huq J. - This Rule was issued calling upon the respondent to show cause as to why the Memo dated 11‑3‑1999 by the respondent imposing fine on the petitioner Annexure O to the writ petitio......tinuing fine of Taka 1000 per day from the time the board should have been constituted and the petitioner is thus supposed to pay daily fine of Taka 1000 since 1988‑89. The petitioner also served a notice of demand of justice, and having no other adequate remedy and being aggrieved by the illegal ......teps would follow. The petitioner by letter dated 10‑6‑1998 replied that the relevant amendment has been made in the meeting held on 8-Â6‑1995 and the respondent by Memo dated 12‑10Â-1998 informed that by not amending the Articles of Association as required by the respondent the Company wa..Category: Business or Commercial Law | Date: | Hits: 271
Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)
....t with the record. 2. This Rule was issued, at the instance of accused petitioner Tareq Shamsul Khan alias Himu and three others, calling upon the opposite party to show cause as to why the order, dated 6‑2‑2003 passed by the Judge of Druta Bichar Tribunal, Dhaka Division, Dhaka, in Druta Bic......ngs of the Tribunal Case has been stayed till disposal of the Rule, but the matter has been extended again till disposal of the Rule on 25‑6‑2003 by suppressing the nonÂsubmission of the copy of notice which is illegal and thus the Rule has become in fructuous. He then submits that the facts an......No. 411 of 2001, should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. Heard both sides at length and perused the record so placed before us. 3. Mr. Abdul Baset Majumder, the learned Advocate for the petitioners, submits that as m..Category: Criminal Law | Date: | Hits: 71
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....eal No. 221 of 1995. Judgment Md. Abdul Quddus J. - In this appeal under section 417(2) of the Code of Criminal Procedure the complainant appellant challenged the legality of the impugned order dated, 21‑1‑1995 by Additional District Magistrate Noakhali dismissing CR Case No. 3/84 under se...... complainant was absent, Court dismissed the case and acquitted the accused under section 247 CrPC. 11. High Court was moved under section 417 CrPC in appeal during hearing of which it came to the notice that in spite of filing process and process fee witness summons were not issued from the Cour......ctions 467/109, Penal Code and acquitting the accused under section 247 of the Code of Criminal Procedure due to absence of the complainant-appellant in the Court on that date. 2. Learned Advocate for the appellant shows from the record that CR Case No. 3 of 1984 was earlier tried and upon eviden..Category: Procedural Law | Date: | Hits: 73
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....tted its Expression of Interest for Appointment of PSI Agency to the Member (Customs) National Board of Revenue. Thereafter the petitioners were informed by the Government of Bangladesh by its letter dated 19-6-2008 that it has been short-listed for sending request for Proposal (RFP) (Annexure-C). ......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......t a rate higher than 4.5% (as evidenced in Annexure-A series and more specifically identified in Prayer 'A' to the writ petition) (a) failure of the Respondents to treat the petitioners "Consultants" for the purpose of payment of VAT under the VAT Act, 1991 and the VAT Rules 1991 (c) deduction of VA..Category: Fiscal/Taxation Law | Date: | Hits: 152
....in Ferdous, Advocate -For the Respondent.
Writ Petition No. 2362 of 2005.
Judgment
Md. Ruhul Quddus J. - This Rule, at the instance of a judgment debtor, was issued calling in question order dated 31.5.2004 passed by the Judge, Artha Rin Adalat No.1, Pirojpur admitting a second execution ca...... discharged, however, without any order as to costs.
Communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
.......3 of 1998.
2. The facts leading to this writ petition are that respondent No.3, Bangladesh Krishi Bank, Pirojpur branch as plaintiff instituted Artha Rin Suit No. 3 of 1998 against the petitioner for realisation of loan. The said suit was decreed ex parte and the decree-holder bank initiated Art..
Category: Civil Law | Date: | Hits: 107
....e respondent.
Writ Petition No.4374 of 2003.
Judgment
Md. Ruhul Quddus J. - This Rule Nisi, at the instance of two judgment debtors in a mortgage decree, was issued calling in question order dated 26.5.2003 passed by the Artha Rin Adalat, Comilla in Artha Decree Execution Case No.44 of 1995...... case), if it is required.
The office is directed to communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
......
2. The petitioners case in short is that respondent No.2, Sonali Bank Ltd. as plaintiff instituted Artha Rin Suit No.182 of 1992 in the Artha Rin Adalat, Comilla against the petitioners and others for recovery of loan amounting to Tk.6, 39,608.55 (taka six lac thirty-nine thousand six hundred eig..
Category: Civil Law | Date: | Hits: 80
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....or the respondent. Criminal Appeal No. 2797 of 2002 Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convicting the ap...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......23 of 2001 convicting the appellant under section 409 of the Penal Code read with section 5 (2) of the Prevention of Corruption Act, 1947 and sentencing him thereunder to suffer rigorous imprisonment for five years with a fine of Taka 11,53,364/- in default to suffer rigorous imprisonment for anothe..Category: Criminal Law | Date: | Hits: 61
....s.
First Appeal No.188 of 2004.
with
Civil Rule No.432 (F) of 2004.
Judgment
Md. Ruhul Quddus J. - This appeal at the instance of the plaintiffs is directed against judgment and decree dated 17.6.2004 passed by the Joint District Judge, Second Court, Dhaka rejecting the plaint in Titl......on of the issues whether the original allottee Ramjan Ali had left Bangladesh leaving the property uncared for; whether he died and was buried in Dhaka, and whether the authority served any statutory notice upon the occupants or did serve any other notice to meet natural justice. Under the facts and......People’s Republic of Bangladesh, represented by the Secretary, Ministry of Public Works Vs. Chairman, Court of Settlement and others, 50 DLR (AD) 93; 20 BLD (AD) 278.
Lawyers Involved:
Md. Lutfor Rahman Mandal, Advocate-For the appellants.
Ms. Promila Biswas, Deputy Attorney General-For t..
Category: Property Law | Date: | Hits: 78
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
....eme Court, instructed by Syed Sakhawat Ali, Advocate on the Record - for the respondent No. 1. Ex parte - Respondent Nos. 2 & 3. Civil Appeal No. 46 of 1982. (From the Judgment and order dated 3 November, 1981 passed by the High Court Division in Civil Revision No. 921 of 1974) Judgm...... under sub-section (2) shall, unless the Court considers it necessary to take any other evidence, ordinarily be disposed of on affidavit. (3) On such application being made, the Court shall direct notice thereof to be given to all parties to the agreement other than the applicants, requiring them........ Respondents Judgment December 8, 1982. Result: The appeal is dismissed. Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B Hossain, Advocate on Record - for the Appellants. H.R. Sharif, advocate, Supreme Court, instructed by Syed Sakhawat Ali, Advoca..Category: Alternative Dispute Resolution | Date: | Hits: 238
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
.... were convicted by the learned Metropolitan Additional Sessions Judge, 1st Court, Dhaka under sections 302/34 of the Penal Code and sentenced to death by judgment and order of conviction and sentence dated 29.7.2003 in Metropolitan Sessions Case No.1973/2000. Md. Faisal Alam Ansari, who faced the tr......harge under Section 148 would have a bearing upon the charge under Section 304, which compelled him to consider that aspect also. Referring to the Ahmed Sher case, he stated as follows: - "It will be noticed that Addison, J. had laid down that, if there are several appellants, the case of the appell......5 SC 216; Fateh Khan & others Vs. The State, 15 DLR (SC) 51. Lawyers Involved: Khandker Gulzar Hossain, Deputy Attorney General-For the State. Choudhury Sanawar Ali, Advocate-For the Informant. Farida Khan, Advocate-State Defence Lawyer for absconding convicts. Abdul Malek, Se..Category: Criminal Law | Date: | Hits: 94
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