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GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......efaulter. Pursuant to the good relationship between the families the tenant did not keep with him all the renewed agreements and the copy of all the rent receipt; after expiry of the lease deeds in question on 31-12-1996 the agreements were renewed pursuant to the discussions between them for the ......thin the stipulated time of 15 days of the month following as provided in the statute. Relying on the case of Maria Keshi D' Rozaria Vs. Hassan Movies Ltd, reported in 41 DLR (AD) 35 submits that the facts of the said case and the facts of the instant case being almost similar the defendant appellan..Category: Tenancy Law | Date: | Hits: 190
Mohammad Selim Vs. State, 2012, 41 CLC (AD)
.... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:...... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:......fter killing the victim. He further submits that the accused was aged about 27 years at the time of occurrence and is still in the prime of his life and that the sentence of death is too harsh in the facts and circumstances of the case. 12. Mr. Md. Selim, the learned Deputy Attorney General ap..Category: Criminal Law | Date: | Hits: 98
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
.... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......he bainapatra of the complainant was allegedly executed by the accused-petitioner within the period of 10 (ten) years from the date of issuance of the letter of allotment when transfer of the plot in question was prohibited and therefore no contract was created by the said bainapatra. Moreover, he s...... Division for quashing the proceedings of Petition Case No.268 of 2005 under sections 420/406/109 of the Penal Code, now pending in the Court of Metropolitan Magistrate, Dhaka. 3. The relevant facts for disposal of the case, in brief, are that the respondent No.2 - opposite party No.2 had a l..Category: Criminal Law | Date: | Hits: 90
State Vs. Md. Kamal Uddin alias Pichchi Kamal, 2012, 41 CLC (AD)
....legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......e learned counsel for the parties concerned and perused the impugned judgment and order of acquittal passed by the High Court Division and other connected papers on record. 12. We find from the facts and circumstances detailed in the materials before us that the search was made by the police o..Category: Criminal Law | Date: | Hits: 119
Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)
....ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ......ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ...... respondent No.7 to send them back to the Headquarters by depriving them from completing the Course and to sit for the examination as (Annexure-‘G’ to the writ petition). 3. That the relevant facts for disposal of the case are as follows: The respondent Nos.1-29, who were the writ petiti..Category: Employment/Service Law | Date: | Hits: 222
....h the impugned judgment and order passed by the High Court Division is liable to be set aside”.
Preparation of paper book, as prayed for, is dispensed with.
This Case is also Reported in:......h the impugned judgment and order passed by the High Court Division is liable to be set aside”.
Preparation of paper book, as prayed for, is dispensed with.
This Case is also Reported in:......treated as lawful transfer and as such the impugned judgment of the High Court Division is liable to be interfered. He further submits that the High Court Division reversed the concurrent findings of facts of the Courts below although failed to point out specific misreading or non-consideration of t..
Category: Property Law | Date: | Hits: 181
....et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479.......vernment vide LA Case No.41/3 of 1960-61. The plaintiffs claimed them to be co-sharers of the original owner from whom the land was acquired. It is the specific case of the plaintiff that the land in question was acquired for rehabilitation of the refugee and some of the refugees had left the plots ......lients interest may be protected. Mr. Sk Md. Jahangir Alain, the learned Advocate appearing for the respondent No.81 submitted that he is an allottee and his right may be protected.
13. From the facts and circumstances and the submissions made by the learned Advocates we are inclined to frame t..
Category: Property Law | Date: | Hits: 118
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......pears that against 4 dishonoured cheques the accused petitioner made a single complaint which is not permissible under law. Law speaks one cheque will give rise to one case." 7. We find that the question as to whether a single case under section 138 of the Act is maintainable in respect of di......sed-petitioner under section 138 of the Negotiable Instruments Act should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Relevant facts for disposal of the Rule are that the opposite party No.2 as complainant filed a petition of c..Category: Procedural Law | Date: | Hits: 114
Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)
.... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ...... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ......ce, have received therefrom together with 20% interest per annum thereon from the date of unauthorised occupation fill the date of restoration of possession thereof to the petitioner. 2. The short facts are that, the petitioners father SM Rahmat Ullah, a non-Bengali national, was residing with hi..Category: Property Law | Date: | Hits: 106
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
.... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ......r held that the executing Court rightly proceeded as per provision of Order XXI, rule 32(5) of the Code of Civil Procedure. 9. Mr. Fariduddin Khan the learned Advocate for the petitioners raised a question that the Executing Court should have started a miscellaneous case to ascertain whether th......Assistant Judge, Chandanaish, Chittagong, in other Execution case No.5 of 2002 making an order of arrest of the judgment-debtor for detention in Civil prison for a period of 6(six) weeks. 2. Short facts leading to the issuance of the instant Rule are as follows: The decree holder opposite part..Category: Civil Law | Date: | Hits: 166
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449....... Court in that while reversing the findings of the trial Court to the effect that the case is bad for defect of parties the learned District Judge sitting as a last Court of fact pointed out that the question of defect of party having been raised during the trial by the pre-emptees, the pre-emptor......ll consider the evidence and materials on record thereby misdirected himself in passing the impugned judgment reversing the judgment passed by the trial Court upon arriving at erroneous findings of facts. 6. The learned Advocate appearing for the petitioner submits that the trial Court having a..Category: Property Law | Date: | Hits: 79
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......ould not be disturbed. 8. Upon hearing the learned Advocate and perusal of the impugned judgments and orders of the Courts below and other materials on record it appears that there have arisen the question of investigation of title of the pre‑emptor as well as the pre-emptees vendors in the lan......aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517...Category: Property Law | Date: | Hits: 132
Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
....ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515....... Petitioner. Shasti Sarker, Advocate—For the Opposite Party. Civil Revision No.1972 of 2000. Judgment AK Badrul Huq J.- Fate of Civil Revision Petition hinges on answer to the following question which is, whether appeal under Order XLIII rule 1(c) of the Code of Civil Procedure (for sh......ion 96 of the State Acquisition and Tenancy Act (hereinafter referred to as The Act) is tenable in law. 2. Question involved and verdict proposed to be given does not demand detailed disclosure of facts those which shed light on controversy and those are: a) First opposite party as pre‑empto..Category: Procedural Law | Date: | Hits: 104
....l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
......uddin Ahmed very candidly submitted that he is aware that this is a private contract but he has invoked Article 102 of the Constitution not for enforcement of any contract. He has rather called in question the action of some of the public functionaries in processing the award of contract which i......র্ধ্বতন কর্তৃপক্ষ সিদ্ধান্ত নিতে পারেন।“ This recommendation vide Annexure "F" was made after taking into consideration the facts that the Purchase Committee had no report before them by the Government on the Dhaleshwari 1 ..
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......ted 1.9.89. On receipt of the aforesaid notice the petitioners wrote a letter to respondent No.2 on, 27.10.89 drawing his attention to the fact that no meeting could be held on 1.9.89 and as such the question of confirmation of the minutes of the meeting dated 1.9.89 did not wise. Only the Board of ......eased to be a member and as such none of the petitioners is aggrieved person under section 38(1) of the Act. Secondly (2), he raised objection to the effect that since there are disputed questions of facts which require to be resolved on taking evidence, such a matter having such disputed questions ..Category: Company Law | Date: | Hits: 225
Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
.... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ......ed into politics, came to the forefront, was a former President of Jatiya Mahila and Party, a Member of Parliament m 1986 and 1988, was a Minister and so on so forth. Mr. Sobhan has argued that these facts stated in the grounds were by no means "prejudicial acts" within the meaning of section 2(f) o..Category: Constitutional Law | Date: | Hits: 299
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....025 of 1996 with Writ Petition Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of facts as well as laws are involved in these cases and, as such, after hearing ......6 with Writ Petition Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of facts as well as laws are involved in these cases and, as such, after hearing the same t...... Writ Petition Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of facts as well as laws are involved in these cases and, as such, after hearing the same together the ..Category: Employment/Service Law | Date: | Hits: 216
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......icle 102 (2) of the suspended Constitution of the People's Republic of Bangladesh under the Constitution (Partial Revival) (Second) Order 1985 read with the Proclamation Order No.1 of 1985 calls into question an assessment order dated 28.04.1985 passed by the Deputy Commissioner of Taxes, Taxes Circ......ed 28.04.1985 passed by the Deputy Commissioner of Taxes, Taxes Circle-VI, Dhaka (South) Zone, Dhaka in respect of the petitioner Dr. M. B. Rahman bearing I.R. No.7633/TC-VI. 2. Shortly stated the facts of the case are that the petitioner who is an income-tax assessee and a retired Government off..Category: Fiscal/Taxation Law | Date: | Hits: 170
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......ppropriated the said amount of Tk.20 lacs after being entered with the said amount in violation of the trust. 11. In the case of N. Mahmud Vs. M. Ahmed 36 DLR (AD) 14 it has been observed that the question whether there is any partnership is a question of fact. It has been further observed by the......pposite party No.1 Ansarul Huq Ansari to show cause why the proceedings in G.R. Case No. 50/85 pending in the Court of the Chief Metropolitan Magistrate, Chittagong should not be quashed. 2. The facts of the case are as follows: - On 12.01.1985 complainant Ansarul Huq Ansari of P.S. Panchlaish,..Category: Criminal Law | Date: | Hits: 362
Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)
....cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......lla, in Title Suit No.99/65 rejecting an application under section 151 of the Code of Civil Procedure for vacating the order dated 20.09.1978 accepting the Advocate Commissioner's Report. 2. The facts relevant for the purposes of disposal of the rule are that the opposite party No.2 as plaintif..Category: Procedural Law | Date: | Hits: 106
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