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Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....filed and shall call upon the arbitrator, mentioned in the agreement of the parties or otherwise agreed to by them, to decide the dispute, and if the parties cannot agree, then the Court shall have a right to appoint another arbitrator. The authority of the Court has been considerably widened. Previ......Misc. Appeal No.163 of 1977 decided by a Bench of the High Court Division on November 14, 1980. 2. Respondent No.1 instituted Title Suit No.104 of 1974 in the court of 3rd Subordinate Judge, Dacca for filing the arbitration agreement under section 20 of the Arbitration Act. There was a contract, ......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......rator within one month from the date of this order.” 3. Being aggrieved, the Government filed the aforesaid First Miscellaneous Appeal in the High Court Division which upheld the decision of the trial court. It was ordered that the suit filed by the plaintiff-respondent may proceed in accordanc..Category: Alternative Dispute Resolution | Date: | Hits: 147
Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)
.... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ......ly, 1975. The pre-emptor claimed that he is co-sharer by inheritance as well as by purchase in the tenancy in question, whereas the pre-emptees are strangers. The pre-emptees resisted the application for pre-emption contending that they are co-sharers by inheritance and as such the transfer to them ...... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ......ge of the High Court Division. 5. In the result, the appeal is allowed, the impugned order of the High Court Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) ..Category: Property Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....orders to any person or authority, including any person performing any function in connection with the affairs of the Republic, as may be appropriate for the enforcement of any of the fundamental rights conferred by Part III of this Constitution. (2) The High Court Division may, if satisfied ......ate-on Record - For the Respondents (In Civil Petition No. 30 of 1982). Not represented - Respondents (In Civil Petition Nos. 9 of 1981). Civil Appeal No. 90 of 1981 and Civil Petitions for Special Leave to Appeal Nos. 30, 31 and 68 of 1982 and 9 of 1981. Judgment Fazle Munim CJ......High Court Divisions on the application of any person aggrieved, may give such directions or orders to any person or authority, including any person performing any function in connection with the affairs of the Republic, as may be appropriate for the enforcement of any of the fundamental rights ......of High Court Division from which a leave petition or an appeal was pending before the Appellate Division will abate. 13. An appeal is the continuation of a suit or an application filed before the trial court or the court of origin and it was, therefore, urged that when an appeal stands abated by..Category: Constitutional Law | Date: | Hits: 181
Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)
....scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......l Tribunal No.4, Rajshahi in Special Tribunal Case No.15/99 convicting the appellants under section 25B (2) of the Special Powers Act, 1974 and sentencing each of them to suffer rigorous imprisonment for 1 (one) year and 6 (six) months with a fine of Tk. 1,000/-, in default to suffer rigorous impris......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ocent. They were not the owners of molasses and nothing was recovered form them and they have been falsely implicated in this case as they did not meet the demand of police. 8. After completion of trial the learned Judge of the Special Tribunal No.4, and Additional Sessions Judge, Rajshahi convic..Category: Criminal Law | Date: | Hits: 68
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
....at has been provided by law. It is not the question whether the scope in Order 9, rule 13 of the Code of Civil Procedure is larger than that of appeal because the remedies are distinct as has been rightly contended by Mr. Pal, the learned Counsel. In one case evidence is to be led on the point ......nt passed by the High Court Division in Civil Revision No. 1177 of 1976 discharging the Rule and upholding the judgment and order of the Subordinate Judge rejecting the prayer of the appellant for hearing of the Miscellaneous Case under Order 9, rule 13 of the Code of Civil Procedure. 2....... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......d the ex parte decree set aside, then the defendant has no reason to prosecute his appeal. On the other hand, if the appeal is dismissed during the pendency of the application and the decree of the trial court is merged in the decree of the Appellate Court, the trial Court loses its jurisdiction..Category: Procedural Law | Date: | Hits: 80
....ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
......ent
Kemaluddin Hossain J.- This appeal stands on a very narrow compass. We are concerned with only one accused-respondent, Siddique Ahmed.
The respondent along with 12 others was put on trial before the 1st Additional Sessions Judge, Sylhet to answer charges under sections 302, 307/302/149 a......R (AD) (1979) 29.
......
Judgment
Kemaluddin Hossain J.- This appeal stands on a very narrow compass. We are concerned with only one accused-respondent, Siddique Ahmed.
The respondent along with 12 others was put on trial before the 1st Additional Sessions Judge, Sylhet to answer charges under sections 302, 307/3..
Category: Criminal Law | Date: | Hits: 74
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....whether the tenants in fact offered the rent in time and then remitted the same in accordance with section 18(5) of the Ordinance. Upon evaluating those statements minutely, the Court of Appeal below rightly held that the tenants had offered the rent within the stipulated time and after the refusal ......- AKM Shamsuddin Vs. Dr. Aftab Uddin Ahmed, 12 BLD (AD) 81 = 43 DLR (AD) 230; Ramjan Ali Mistry Vs. Hedayet Ullah, 31 DLR (AD) 183; AIR 1967 SC 389; Bombay Vs. United Motors, AIR 1958 (SC) 252; Seaford Court Estates Ltd. Vs. Asher (1949) 2 KB 481; Padmasundrao Rao (Dead) Vs. State of TN, AIR 2002...... evidence on record and having been affirmed by the High Court Division, this Court would not ordinarily interfere with the concurrent findings of fact, the reason being that when the facts have been fairly tried by two Courts upon a proper consideration of the evidence, this Court being the ultim......ulters did not give any specific finding that the tenants did not offer or remit the rent of July, 1982 in terms of the contract, there is no merit in the contention of the learned counsel that the trial Court was justified in arriving at the conclusion that the tenants are defaulter. 29. The l..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......—For the petitioners. B.B. Roy Chowdhury, Advocate, instructed by Abdur Rab-II, Advocate-on-Record—For the Respondent No. 1. Not Represented—Respondents 2 (a) to 2(A). Civil Petition for Special Leave to Appeal No. 189 of 1977 (From the Judgment and Decree dated the 18th April,1......pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......d. Hanif was a forgery, in that, his name was subsequently interpolated. On the question of the Sale decree in the earlier to Title Suit No.72 of 60, the two Courts came to conflicting decisions. The trial Court held in favour of the plaintiff, finding it to be fraudulent and void, but the first a..Category: Property Law | Date: | Hits: 63
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
....not be resolved without adducing oral and expert evidence. 21. It is further argued that the direction of the Company Court for holding of election by 30th July 2000 does not give the petitioner a right to continue. It also does not take away the right of the Board of Directors to remove the peti......ndents to show cause as to why they should not be directed to cancel the impugned resolutions dated 14-3-2000 (Annexure-‘G’) and the impugned Circular 10-5-2000 (Annexure-‘J’) not being in conformity with the provisions of the Articles of Association, in particular Articles 26 and 27, of the......mpanies Act, 1913. Like all other trade organisations the CCCI is subject to the supervision and control of the Director of Trade Organisations, hereinafter called the DTO. The DTO ensures that the affairs of the trade organisations are managed and conducted in accordance with their Memorandum and A...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....es and also votes polled at Dhaka Centre, centrally at Dhaka. Notification containing the above particulars were published in daily newspapers. 22. The learned Advocates for the respondents may be right when they submit that the election of 25 representatives of Dhaka University is of one constit......acked ‘Ganatantrik Oikya Panel’ won the election of twenty-five representatives of the Register Graduates of Dhaka University, to the Senate. 3. The Senate election of the Registered Graduates for the academic year 1997-98 was first announced to be held by notification dated 25-6-97. The grad......there was no complaint about the registration of the registered graduates as per the provisions of section 21 of the First Statutes. The entire election was conducted by the university authority very fairly maintaining total neutrality. Neither the petitioners nor any registered graduate voter nor a......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ..Category: Election Law | Date: | Hits: 105
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....e any objection to the report of the Joint Surveyors and the suit framed is maintainable. 24. In all the appeals, Mr. Rokanuddin Mahmood, learned Counsel for the appellant, challenged, mainly, the right of the plaintiff to sue. According to him the proposal for insurance came from the Bank not fr...... judgment. 2. FA No.353 of 1995 was presented against judgment and decree dated 29-06-95 passed by Subordinate Judge, 2nd Court at Chittagong in Money Suit No.45 of 94 decreeing the suit with cost for Taka 28,03,624.16 together with interest on Taka 22,45,360.00 out of the decreed amount @ 15% fr......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......s 1 to 12 while the documents adduced by the defendants were marked as exhibits ‘Ka’ to ‘Ga’. 9. On consideration of the facts and circumstances of the case and the evidence on record, the trial Court held, inter alia, that (a) the suit as framed is not barred by limitation; (b) on ..Category: Business or Commercial Law | Date: | Hits: 211
Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
....uch within time and the trial Court misconceiving the facts and the law relating to the cause of action and the point of limitation arrived at a wrong decision. The learned Subordinate Judge took the right view in determining the point of limitation. 8. It appears that the admitted case of the pl......d. Awlad Ali J.- This Rule arises out of a judgment and decree dated 27-8-1989 passed by the Subordinate Judge, Madanpur in Title Appeal No.46 of 1988 by which the decree of the trial Court in a suit for Specific Performance of the contract was reversed. 2. The opposite party No.1 as plaintiff br...... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ......1989. Judgment Md. Awlad Ali J.- This Rule arises out of a judgment and decree dated 27-8-1989 passed by the Subordinate Judge, Madanpur in Title Appeal No.46 of 1988 by which the decree of the trial Court in a suit for Specific Performance of the contract was reversed. 2. The opposite part..Category: Property Law | Date: | Hits: 55
Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)
....1 of the Code of Criminal Procedure is not correct. The victim girl also confirmed her age to be dated 20.12.1995 which means she is still a minor girl, below the age of 16 years. Accordingly she has rightly been placed in the judicial custody by the Magistrate. So long she attain the age of 18 year......shu Daman Ain, 2000 as amended up to, 2003 shall not be released from the jail custody in which she has been kept from 11.07.2010 illegally and without lawful authority and she shall not be brought before this court to be dealt with in accordance with law. 2. Facts relevant for disposal of the ru......the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......she can not be released from the judicial custody and can not go on her free will accordingly he prays for discharging the rule. 5. At the midst of hearing on 27.02.2011 this court directed to the trial court to make an arrangement to produce the victim Tamima Akhter Mitu and her father Mamunur R..Category: Criminal Law | Date: | Hits: 57
Md. Saidul Islam and others Vs. State, 2011, 40 CLC (HCD)
....tion of the case, the concern Court is hereby directed to consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ......ef Judicial Magistrate, Nilphamari. 2. The petitioners were brought to the trial under section 302/34 of the Penal Code. The petitioners were arrested on 3.6.2010 and thereafter since their prayer for bail was rejected by the impugned order, they then obtained the instant rule. 3. The learned ......tion of the case, the concern Court is hereby directed to consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ......haldhaka P.S. Case No. 06 dated 19.12.2009 under section 302/34 of the Penal Code, now pending in the court of learned Chief Judicial Magistrate, Nilphamari. 2. The petitioners were brought to the trial under section 302/34 of the Penal Code. The petitioners were arrested on 3.6.2010 and thereaft..Category: Criminal Law | Date: | Hits: 71
Mizanur Rahman Vs. State, 2011, 40 CLC (HCD)
.... investigation of the case, the learned concern court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ...... the accused petitioner should not be enlarged on bail in G.R. Case No. 10 of 2010 arising out of Karanigonj P.S. Case No.10 dated 12.01.2010 under section 302/34/307 of the Penal Code, now pending before the Judicial Magistrate Court No. 3 and Amoli Adalat, Dhaka. 2. The petitioner was brought t...... investigation of the case, the learned concern court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......nj P.S. Case No.10 dated 12.01.2010 under section 302/34/307 of the Penal Code, now pending before the Judicial Magistrate Court No. 3 and Amoli Adalat, Dhaka. 2. The petitioner was brought to the trial in a case under section 302/34/307 of the Penal Code. 3. After arrest since his prayer for ..Category: Criminal Law | Date: | Hits: 67
Gias Uddin Vs. State, 2011, 40 CLC (HCD)
....make the case ready for trial, the concern Court may consider the bail of the petitioner. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ...... of the Penal Code. 3. After investigation police submitted a charge sheet under section 395/397 of the Penal Code on 09.09.10. 3. The petitioner was arrested on 21.03.2010 and since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 4. The learned ad......make the case ready for trial, the concern Court may consider the bail of the petitioner. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......out of Chandina P.S. Case No.06 dated 12.02.10 under section 395/397 of the Penal Code, now pending in the Court of learned Chief Judicial Magistrate, Comilla. 2. The petitioner was brought to the trial under section 395/397 of the Penal Code. 3. After investigation police submitted a charge s..Category: Criminal Law | Date: | Hits: 58
Jamsher Ali Vs. State, 2011, 40 CLC (HCD)
....to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......, now pending in the Court of Chief Judicial Magistrate, Pabna. 2. The petitioner was brought to the trial in a case under sections 143/447/323/325/302/34 of the Penal Code. 3. Since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 4. The learned ad......to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... Chatmohar P.S. Case No.3 dated 22.2.2008 under section 143/447/323/325/302/34 of the Penal Code, now pending in the Court of Chief Judicial Magistrate, Pabna. 2. The petitioner was brought to the trial in a case under sections 143/447/323/325/302/34 of the Penal Code. 3. Since his prayer for ..Category: Criminal Law | Date: | Hits: 63
Shahadat Hossen Vs. State, 2011, 40 CLC (HCD)
....t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......No.1, Chittagong in Special Tribunal Case No.113 of 2010 arising out of G.R. Case No.215 of 2010 corresponding Lohagara P.S. Case No.7 (9) 2010 under section 19A of the Arms Act, rejecting the prayer for bail of the appellant. 2. Prosecution case, in short is that on 9 .9.2010 one Md. Abdul Nabi ......ithout complying the provision as laid down under section 27 of the Special Powers Act and initiation of the impugned criminal proceeding is illegal and without jurisdiction and the appellant has got fair chance of acquittal in this case. Since the informant of the case is a private person, who has ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 66
Md. Rasel Miah Vs. State, 2011, 40 CLC (HCD)
....he case ready for trial, the learned trial court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......rising out of Chandina P.S. Case No. 02 dated 01.12.2008 under section 7 of the Nari-O-Shishu Nirjatan Daman Ain (as amended 2003) read with section 302/201/34 of the Penal Code, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 7 of the Nari-......he case ready for trial, the learned trial court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......tion 7 of the Nari-O-Shishu Nirjatan Daman Ain (as amended 2003) read with section 302/201/34 of the Penal Code, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 7 of the Nari-O-Shishu Nirjatan Daman Ain (as amended 2003) read with section 30..Category: Criminal Law | Date: | Hits: 80
Md. Fazlar Rahman @ Major Vs. State, 2011, 40 CLC (HCD)
....ssed without jurisdiction and thus it is not sustainable in law. 11. The learned Assistant Attorney General appearing for the opposite party opposed the appeal and submits that the trial court has rightly convicted and sentenced him on proper assessment of the evidences on record and there is not...... 42 of 1988 corresponding to Patgram P.S. Case No. 07 dated 15.5.1998 the appellant was convicted under section 9(Ka) of the Nari-O-Shishu Nirjatan Daman Ain and sentencing him to suffer imprisonment for 10 years with a fine of Tk. 2,000/-, in default to suffer rigorous imprisonment for 2(two) month......y at once if not been wanted in connection with any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ter investigation police submitted a charge sheet against the appellant. 5. Thereafter the case was transmitted to the court of Nari-O-Shishu Nirjatan Tribunal Daman Tribunal No.2, Lalmonirhat for trial and registered as Nari-O-Shishu Case No. 66 of 1998 wherein a charge was so framed against the..Category: Criminal Law | Date: | Hits: 60
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