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AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
.... Masihuzzaman...............................Petitioner Vs. Shah Alam & others..............................Opposite Parties Judgment January 23, 1989. Result: The Rule is made absolute. Cases Referred to- Sukra Mahto Vs. Basudeo Kumar Mahto and another, AIR 1971 (SC) 1567...... No.1 and others being Case No. 454A-1/80 on 23.6.80. Learned Chief Metropolitan Magistrate did not admit the petition nor examined the petitioner, it is alleged, as "required under law but illegally called for the records of the case filed by the caretaker under section 107 of the Code of Criminal ......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ...... Alam & others..............................Opposite Parties Judgment January 23, 1989. Result: The Rule is made absolute. Cases Referred to- Sukra Mahto Vs. Basudeo Kumar Mahto and another, AIR 1971 (SC) 1567; Ayeasha Bi Vs. Pear Khan Sahib, AIR 1954 (Mad). 741; Mohammad Isa V..Category: Criminal Law | Date: | Hits: 77
Siddiqur Rahman and others Vs. Abdul Jalil Meah and others, 2009, 38 CLC (AD)
....nd in pursuance of their decision, the possession of the suit-land was handed over to the defendant No.1 and since the said date, the defendant No.1 is in possession of the suit land. That it was also stipulated that an exchange deed would be executed between the parties but the plaintiff did ......are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002.......are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002....... Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Siddiqur Rahman and others..............................Petitioners Vs. Abdul Jalil Meah and others.............Category: Property Law | Date: | Hits: 49
Mosammat Rahima Khatun and others Vs. Emran Ali and others, 2009, 38 CLC (AD)
....mbered as Other Class Suit No.96 of 1987. After hearing, the learned Senior Assistant Judge, on consideration of the evidence on record, found that the plaintiffs proved their prima facie title and also possession in the suit land. The learned Judge also found that the suit land has been recorded in......of paper book is dispensed with as prayed for. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 991. ......ant Nos.1 to 4 contested the suit by filing a written statement, denying all material averments made in the plaint. 3. The suit was initially decreed but on appeal it was sent back on remand for trial afresh wherein it was renumbered as Other Class Suit No.96 of 1987. After hearing, the learned......reme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Mosammat Rahima Khatun and others...................Petitioners Vs. Emran Ali and others...............................Category: Property Law | Date: | Hits: 51
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
.... directed against the judgment and order dated 23.1.91 passed by the Subordinate Judge, 1st Court, Dhaka in Title Suit No.14 of 1991 making the previous ad interim order of injunction dated 16.1.91 absolute. 2. Facts leading to this, in short, are that Mr. Firozur Rahman as Managing Director of M...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ......the general power as under clause 2 of the Agreement it cannot be said that the order cancelling the licence was on the face of the record bad in law, which however, need be left to be decided at the trial. 13. Now coming to the point of maintainability of the application under Order 39 of the Co......High Court Division (Civil Appellate Jurisdiction) Present: Anwarul Hoque Choudhury J Kazi Ebadul Hoque J Ministry of Communication, Railway Division, People's Republic of Bangladesh and others……………Appellants Vs. Md. Ferozur Rahman & ors…………….Respondent..Category: Civil Law | Date: | Hits: 72
Kabir and others Vs. State, 1991, 20 CLC (HCD)
....ions Case No.136 of 1988 convicting the appellants namely Kabir, Shahid Hossain @ Shafi, Sattar and Abdul Matin under section 395 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 5 (five) years and to pay a fine of Taka 1000.00 in default to suffer rigorous imprisonm......y as alleged. His main contention is that the appellants are in no way connected with the commission of the alleged dacoity. The Sessions Judge has based conviction of the appellants solely on the so called confession of co‑accused Shahid Hossain alias Shafi and apart from the said confession ther...... 164 of the Code of Criminal Procedure was recorded involving some other co‑accuseds. After submission of the charge sheet the case was sent to the Court of the learned Sessions Judge, Noakhali for trial which was thereafter transferred to the Court of the Additional Sessions Judge for disposal. C......d. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ..Category: Criminal Law | Date: | Hits: 76
Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 1993, 22 CLC (HCD)
....r could not be heard by the learned Subordinate Judge, Dhaka. 4. Being aggrieved by the order dated 5.4.93 preferred Miscellaneous Appeal being No.87 of 1993 before the District Judge, Dhaka and also filed an application for staying the operation of the order of ad interim injunction passed by th......ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ......s from the submission of the learned Advocates of the parties that the appeal before the 6th Additional District Judge and the application for temporary injunction would be shortly disposed of by the trial Court. 7. Mr. Khondaker Mahbubuddin Ahmed, the learned Advocate appearing for the petitione......igh Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Md. Sirajul Islam J Shafiuddin Sarwar………………Petitioner Vs. Dhaka Club Limited and others…………………Opposite Parties Judgment April 29, 1993. Cases Referred to-..Category: Civil Law | Date: | Hits: 87
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
....et at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ......against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ......Section 25 of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for 5 (five years. Another accused Shah Alam was also charged along with him with the same offence but on trial he was acquitted by the learned Special Tribunal Judge by the same judgment and order. The p...... Ahmed, Advocate - For the State. Criminal Appeal No.31 of 1987. Judgment Muhammad Ansar Ali J.- This appeal under Section 30 of the Special Powers Act, 1974 is directed against the judgment and order dated 28.2.87 passed in Special Tribunal Case No.57 of 1984 by Mr. M. Jafar Ahmed Mina, As..Category: Criminal Law | Date: | Hits: 74
............Petitioner
Vs.
Secretary, Ministry of Home Affairs, Government of Bangladesh & others...............Opposite Parties
Judgment
August 28, 1988.
Result:
The Rule is made absolute.
Cases Referred to-
Abdul Latif Mirza, 31 DLR (AD) 1; Malik Gholam Gilani, 19 DLR (SC......prejudicial act, it was necessary to make an order under section 3(1) of the Special Powers Act, in the case of a citizen of a foreign country in a case like the present one preventive detention is uncalled for as the Legislature has provided in section 3(1)(b) of the Special powers Act that the Gov......cept on the ground of mala fide." It does not mean that the detaining authority is to disclose the source of information and to prove and establish before the Court each and every information as in a trial before a Court of law.
12. In the instant case there is no manner of doubt that the detenti......ued on 8.8.88 under section 491 of the Code of Criminal Procedure at the instance of the petitioner Dr. Md. Habibullah (next friend of the detenu) calling upon the Secretary, Ministry of Home Affairs and 4 others to show cause why the detenu Philip Reginald Cunningham should not be released from cus..
Category: Criminal Law | Date: | Hits: 108
Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)
.... J Chunnu Chowdhury........................Petitioner Vs. The District Magistrate & ors.....................Respondents Judgment January 10, 1989. Result: The Rule is made absolute. Cases Referred to- 18 DLR (SC) 214; 40 DLR (Dhaka) HCD 364; 31 DLR (AD) 1; 27 DLR (HC......tenu is wholly illegal and without lawful authority, inasmuch as separate grounds of detention as required under Article 33 of the Constitution of the People's Republic of Bangladesh (hereinafter called the Constitution) and also under section 8 of the Special Powers Act, 1974 have not been su......nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ...... itself that the detenu is not being held in custody without lawful authority or in an unlawful manner. 2. The petitioner's case, in short, is that he is a cousin of the detenu Yunus Ali Mintu and is a citizen of Bangladesh; that the detenu Yunus Ali Mintu comes of a respectable Muslim fami..Category: Criminal Law | Date: | Hits: 60
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....ng accompanied by copies of the judgment or order appealed against. In Jail Appeal No. 2098 of 1992, the appellant pleaded guilty of the charge and the Special Tribunal sentenced him to rigorous imprisonment for two years with fine. In Jail Appeal No. 2 145 of 1993 the appellant was convicted under ......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......to a convict by sections 408 and 410 and they have to be read together. Section 413 of the Code takes away the right of appeal in certain petty cases and section 414 in certain convictions in summary trials. Sections 415 and 415A are added by way of proviso. Explanation to sections 413 and 415 are i......his Case is also Reported in: 56 DLR (2004) 495...Category: Criminal Law | Date: | Hits: 73
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....ion one gallon of hilly liquor which he held in a polythene bag in his right hand. He seized the same in presence of witnesses under a seizure list prepared by him and obtained their signatures. He also obtained thumb impression of the convict petitioner on the seizure list. Then he put some specime......ubmitted that under the Excise Act there is no such term like "Pahari Cholai Mod" as any item of liquor to bring it within the scope of any offence. But the fact remains, by whatever name it might be called, it was essentially liquor which on chemical examination was found to contain 24.2% alcohol a......ause of the said Excise Act, 1909 having been repealed by the Narcotics Control Act 1990. Thus, the cognizance of the offence taken by the learned Magistrate under section 46(a) of the Excise Act and trial held by him of the convict-petitioner for the said offence was clearly illegal. Consequently, ......aneous Case No. 1209 of 1995. Judgment Sheikh Rezowan Ali J. - On an application by the convict petitioner, namely Md. Ayub Ali a Rule was issued calling upon the Deputy Commissioner Chittagong and the complainant opposite party No. 1 to show cause as to why the proceedings of CR Case No. 1017..Category: Criminal Law | Date: | Hits: 87
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
.... owner in possession in the rest 2 annas of Khatian No. 199. After death of said Ayesha Khatun, Tabarakullah became owner in possession to the extent of the whole of 2.40 acres of land. After sale of some land to one Islam, he was also recorded to be owner in possession of said land of Plot No. 86. ......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......Rahman. Documents adduced by the preemptors were marked as Exhibit‑1 to 4 while those of the objectors marked as Exhibit-'Ka' to 'Ga' series. On the evidence, oral and documentary on record, the trial Court dismissed the case. 14. Mr. ABM Mahbub, learned Advocate on behalf of the appellants,......is Case is also Reported in: 56 DLR (2004) 485...Category: Property Law | Date: | Hits: 71
Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)
.... J AFM Abdur Rahman J Abdul Halim Ukil ....................Petitioner Vs. State........................... Opposite Party Judgment January 13, 2004. Result: The Rule is made absolute. Lawyers Involved: Rana Kawser, Advocate ‑ For the Petitioner. ABM Waliur Rahman K......e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281.......2002, now pending in the Court of Mr. Golam Kabir, Magistrate 1st Class Druta Bichar Ain Adalat Sherpur should not be transferred from that Court to any other appropriate Court for fair and impartial trial and disposal. 2. The matter being urgent service of notice upon State-opposite party was di......a Bichar Ain, 2002, now pending in the Court of Mr. Golam Kabir, Magistrate 1st Class Druta Bichar Ain Adalat Sherpur should not be transferred from that Court to any other appropriate Court for fair and impartial trial and disposal. 2. The matter being urgent service of notice upon State-opposit..Category: Criminal Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....the kabala on receipt of the balance of the consideration. The plaintiff having not found the defendant at his house, went to Ramgati Sub-Registrar's office, 22 miles away from his house. But there also the defendant not being available the plaintiff again went to the house of the defendant. This ti......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......DLR (2004) 477. ..Category: Property Law | Date: | Hits: 80
Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
.... influenced the Managing Committee and finally dismissed the plaintiff on the ground that on 24‑06‑96 the plaintiff entered into the room of the Head Master over the ceiling, that the plaintiff disobeyed the order of the authority, that he removed some valuable records including the resolution b......ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ......ciplinary action against him. Accordingly, the Managing Committee by its resolution dated 07‑09-1996 removed him from service. Hence the suit is liable to be dismissed. 4. The suit came up for trial before the Court of learned Senior Assistant Judge. Begumgonj, Noakhali and the plaintiff exam......004) 474. ..Category: Employment/Service Law | Date: | Hits: 96
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
....eir further case is that entire work of earth filling of 168 acres of land was divided into 10 groups. Of them, work of seven groups was first given to the plaintiff. Then, the rest of the work was also given to the plaintiff. The plaintiff did never submit any bill of Taka 26,97,55,755 in the offic......rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......ne up to June, 2002. 12. It is further stated that as per order dated 18‑05‑03 passed by a Division Bench of this Division in Civil Revision No. 1807 of 2003 the plaintiff gave security in the trial Court to the extent of Taka 7,000,000 on 30‑05‑03, which was accepted and kept with the re...... ..Category: Civil Law | Date: | Hits: 73
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....the said defendant in the suit land. 3. The plaint case, inter alia, was that the suit land measuring an area of 1.59 acres originally belonged to Chandra Kumar Mistry who died leaving behind four sons Ambika Charan, Sashi Kumar, Satish Chandra and Nishikanta to inherit his interest in equal shar......ry of khas possession along with the prayer for declaration of title, the Courts below committed no error of law occasioning failure of justice in dismissing the suit and, as such, no interference is called for by this Court. 8. In view of the submissions of the learned Advocates of both the part......l No. 162 of 1989 before the District Judge, Pirojpur, the teamed Subordinate Judge, Pirojpur who heard the said appeal by the impugned judgment and decree dismissed the appeal affirming those of the trial Court. Being aggrieved by the impugned judgment and decree of the Appellate Court the plain...... maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468...Category: Property Law | Date: | Hits: 65
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....unior assistant and in due course was confirmed. On 30‑12‑80 he was promoted to the post of senior assistant and continued as such serving the bank to the satisfaction of all. 5. On 9‑9‑81 some central leaders of the Bank Employees Federation were arrested at Dhaka pursuant to a nationwid......admissible under the law. The plaintiff was removed by termination simpliciter and such termination has got nothing to do with his trade union activities. After termination, his attempt to join was uncalled for. Such termination gave the plaintiff no cause of action to sue. On the pleadings follo......f the union was however, cancelled at the direction of defendant No. 6, the Government of Bangladesh, on 19‑9‑98. Cancellation of registration of the union violated section 15(d) (ii) of the Industrial Relations Ordinance, 1969 (Ordinance XXIII of 1969). 7. Then, defendant No. 6, the Governme...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J Uttara Bank Ltd...............................Petitioner Vs. Syed Abidur Reza and others………………Opposite Parties Judgment July 31, 2004. Result: The Rule is..Category: Employment/Service Law | Date: | Hits: 174
....ring that the notice dated 3.9.92 for the Board meeting held on 7.3.92 is wholly illegal, without lawful authority, void, of no legal effect and mala fide.
b) To pass a decree declaring that the resolution pertaining to transfer of M/s NV Philips of Holland's shares numbering 50,400 to M/s. Trans......urt, however, is directed to dispose of the concerned suit expeditiously.
Communicate this order to the concerned Court immediately.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 749.......iled an application on 13.9.92 under Order 39 rules 1 and 2 of the Code of Civil Procedure for temporary injunction and on the said application a show cause notice was issued on the defendant but the trial Court did not grant any ad interim order. Thereafter on 15.9.92 an application was filed under......) (1993) 749...
Category: Company Law | Date: | Hits: 181
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....din Ahmed………………………………….Petitioner Vs. Syndicate, Dhaka University and others…………….Respondents Judgment March 22, 2004. Result: The Rule is made absolute. Cases Referred to- Kazi Moklesur Rahman, 26 DLR (AD) 44; AIR 1998 SC 602 and 2 AER (CA......n Article 27 of the Constitution inasmuch as these laws only changed the name of Salimullah Muslim Hall and Fazlul Huq Muslim Hall without changing the name of Jagannath Hall in keeping with the so‑called hopes and aspirations of the people of Bangladesh and the spirit of the Constitution "to grow......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......ecial Original Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Raquibuddin Ahmed………………………………….Petitioner Vs. Syndicate, Dhaka University and others…………….Respondents Judgment March 22, 2004. Result: The Rule is made ..Category: Civil Law | Date: | Hits: 63
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