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Hasan Rony Vs. State, 2004, 33 CLC (HCD)
.... was sick, he allowed him to sit on a chair at the time of recording, his statement and that the appellant was then undergoing treatment. 8. This confession was recorded on 18‑4‑2002, on which date, the appellant was not fully recovered as appeared from the testimony of PW 2. PW 5 stated in c......e incident over telephone to the police and on the basis of such information, he came to the hotel and with prior permission of the higher authority, he entered into the room by breaking the door and noticed that the woman was lying dead on the bed while the male was lying on the floor in senseless ...... the learned Sessions Judge, Cox's Bazar in Sessions Trial Case No. 7 of 2003. The learned Sessions Judge convicted the appellant under section 302 of the Penal Code and sentenced him to imprisonment for life with fine of Taka 5,000 in default to suffer rigorous imprisonment for 5 months more. 2...Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....dvocates ‑ For the Respondents. Writ Petition No. 838 of 2001. Judgment Md. Abdur Rashid J. - The above Rule Nisi was, issued upon the respondents asking them to show cause as to why order dated 28‑6‑2000 passed by the respondent No. 1 the Bankruptcy Court in Bankruptcy Suit No. 27 of......cy Suit No. 27 of 2000 rejecting the plaint should not be declared to have been passed without lawful authority and of no legal effect and why respondent No. 1 should not be directed to issue summons/notice of said bankruptcy suit upon respondent No. 2, the Shinepukur Holding Limited and respondent ......ns/notice of said bankruptcy suit upon respondent No. 2, the Shinepukur Holding Limited and respondent No. 3, Mahmudur Rahman. 2. On 25‑4‑2000, the petitioner as plaintiff presented a plaint before the Bankruptcy Court at Motijheel in Dhaka, briefly the Court, against respondent Nos. 2 and 3 ..Category: Others | Date: | Hits: 185
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
....d-For Respondent No.1 (In both the cases) Not represented-For Respondent No.2 (In both the cases) Criminal Petition for Leave to Appeal Nos. 272 and 273 of 2010. (From the judgment and order dated 4th March, 2010 passed by the High Court Division in Criminal Miscellaneous Case Nos. 15400 an......for "insufficiency of fund". The respondent informed the petitioner about the dishonour of the cheques but did not receive any staisfactory answer. The respondent No.1 through his lawyer served legal notice dated 14-6-2007 upon the petitioner but instead of replying to the notice the petitioner aske......urshid Alam Khan, Advocate instructed by AKM Shahidul Haque, Advocate-on-Record-For Respondent No.1 (In both the cases) Not represented-For Respondent No.2 (In both the cases) Criminal Petition for Leave to Appeal Nos. 272 and 273 of 2010. (From the judgment and order dated 4th March, 2010 ..Category: Criminal Law | Date: | Hits: 75
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....lam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No.1. Not represented-Respondent No.2 Civil Appeal No.192 of 2009. (From the Judgment and Order dated 23rd April, 2008 passed by the High Court Division in First Appeal No.154 of 2006). Judgmen......officer or servant of a Board, in respect of any act done or purporting to have been done, in pursuance of this Act or of any Rule or bye-law made thereunder, until the expiration of two months after notice in writing has been left at the office of the Board, and, in the case of such member or offic......chedule property on 11-3-2005 in presence of three witnesses and handed over possession thereof to the plaintiff. Subsequently, in recognition of the oral gift, defendant No.1 affirmed an affidavit before the Notary Public on 21-3-2005. While enjoying the apartment, the plaintiff rented it out to he..Category: Property Law | Date: | Hits: 81
.... of the Constitution, a Rule was issued calling upon the contemners-respondents to show cause as to why they should not be proceeded against for contempt of Court for violating the Judgment and order dated 26-8-2003 passed by the High Court Division in Writ Petition Nos.7127, 4560 and 4702 of 2002 a......e petitioners again requested BJMC to pay their outstanding arrear salary for the period from 1-9-2002 till their reinstatement, but no action was taken. In such circumstances, the petitioners served notice Demanding justice upon the respondents.
3. Respondents replied to the legal notice and sta......Dolon, Advocate - For the Petitioners.
Rabia Bhuiyan, Advocate - For the Contemner - Respondents.
Contempt Petition No.181 of 2007.
Judgment
Quamrul lslam Siddiqui J.- In this application for Contempt under Article 108 of the Constitution, a Rule was issued calling upon the contemners-re..
Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
.... Civil Revision No. 1161 of 1991. Judgment Syed Amirul Islam J.- This Rule obtained on an application under section 115 of the Code of Civil Procedure is directed against the Judgment and Order dated 19.11.1990 passed by the learned Additional District Judge, Kushtia in Miscellaneous Appeal No...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ...... party No.1 is not a co-sharer. 3. The trial Court on a review of the evidence allowed the Miscellaneous case and directed the pre-emptor to pay Taka 4,000.00 as improvement cost and Taka 1,000.00 for removing the structures from the case land. Being aggrieved by the said judgment and order passe..Category: Property Law | Date: | Hits: 70
Prodip Kumar Dutta & another Vs. Mira Rani Dutta and another, 2004, 33 CLC (HCD)
....ision No. 380 of 2003. Judgment Md Abdur Rashid J. - Brother and mother obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 19‑1‑03 passed by Joint District Judge, Court No. 1 at Moulvibazar in Succession Case No. ......to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571.......e Code of Civil Procedure against an order dated 19‑1‑03 passed by Joint District Judge, Court No. 1 at Moulvibazar in Succession Case No. 92 of 2002, which rejected the prayer of the petitioners for addition. 2. It is stated that opposite party Nos. 1 and 2 made an application under section ..Category: Property Law | Date: | Hits: 69
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....m Hossain ‑ For Respondent. First Appeal No. 68 of 2002 with Civil Rule No. 282 (F) of 2002. Judgment Md. Abdur Rashid J. - Defendant No. 14 presented the appeal against the decree dated 22‑11-01 passed by the Fifth Court of Joint District Judge at Dhaka in Title Suit No. 135 ......en statement denying, the case of the plaintiff. It although cross-examined the witness of the plaintiff but did not adduce any evidence. It contended that the suit was not maintainable without prior notice under section 169 of Town Improvement Act, 1953. 10. On the party pleadings the following ......dge at Dhaka in Title Suit No. 135 of 1997, which decreed the suit. 2. One ANM Obaidul Islam, predecessor-in-interest of respondent Nos. 1 to 8 as plaintiff instituted title Suit No. 120 of 1992 for declaration of title and recovery of possession of the suit land measuring about 51 decimals, wh..Category: Property Law | Date: | Hits: 85
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....hmed with A.F.M. Mesbahuddin - For the opposite party. Civil Revision No.742 of 1987. Judgment Latifur Rahman J.- In this Rule the defendant judgment-debtor has challenged order Nos.9 and 10 dated 3.6.87 and 17.6.87 respectively passed by the Subordinate Judge and Commercial Court No.1, Dha......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......ely passed by the Subordinate Judge and Commercial Court No.1, Dhaka in Money Execution Case No.791 of 1986. 2. The plaintiff/decree-holder filed a Money Suit against the defendant Bank and others for recovery of an amount of Tk. 97,750/-. The suit was decreed in the following terms: "That..Category: Procedural Law | Date: | Hits: 74
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....passed by Mr. Sheikh Rezwan Ali, Special Tribunal constituted under the Special Powers Act for disposal of the case involving the offences of smuggling. The Special Tribunal by his judgment and order dated 23.6.87 found appellant Mir Rafiqul Haider guilty of the charge under section 25B (1) of the S......cholac bag in that form (which we find to be incorrect from a perusal of that form Ext.5 when only Hand bag is noted). P.W.2 M.S. Mollah found the Echolac bag heavy and he brought the matter to the notice of the Deputy Collector of Customs Mr. Shahajad Hossain who told him to search the baggage in......Judgment Mahmudul Amin Chowdhury J.- This appeal is directed against the order of conviction and sentence passed by Mr. Sheikh Rezwan Ali, Special Tribunal constituted under the Special Powers Act for disposal of the case involving the offences of smuggling. The Special Tribunal by his judgment a..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....sit of rent in the office of the Controller protects a tenant only where the deposit is made on the refusal of the landlord to accept the rent remitted by postal money order within a fortnight of the date on which rent so remitted is returned to the tenants by the postal authorities as undelivered. ...... The plaintiffs’ further case was that he required the premises bona fide for his own use and occupation and he terminated the tenancy with the expiry of the last day of February, 1971 by serving notice under section 106 of the Transfer of Property Act through registered post. He claimed com......nate Judge, Third Court, Chittagong in other Appeal No.39 of 1975 reversing those of the learned Munsif, Sadar, Chittagong in Other Suit No.44 1973. 2. The appellant as plaintiff instituted the aforesaid suit for eviction of the defendant Nos.1-5 from the suit premises and for realization of ar..Category: Property Law | Date: | Hits: 66
....ion No. 471 of 1986.
Judgment
Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls into question the judgment and order dated 13.8.86 passed by the Chairman, 2nd Labour Court, Dhaka, respondent No.1, in Complaint Case No......6.10.82 gave the respondent No.2 a personal hearing. By letter dated 23.1.83 the petitioner-corporation informed the respondent No.2 that it has considered the reply dated 30.8.82 to the show cause notice and the report of the inquiry committee in respect of the charges brought against him. The re......oner Bangladesh Jute Corporation. The Secretary of the petitioner-corporation asked the respondent No.2 by letter dated 23.6.82 to show cause why disciplinary action should not be taken against him for defalcation of Tk. 12.032/- by creating false and fictitious vouchers. The respondent No.2 submi..
Category: Labour and Industrial Law | Date: | Hits: 166
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....of 2003. Judgment Mir Hashmat Ali J. - This Rule under sections 115(1) of the Code of Civil Procedure was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 8‑1‑2003 passed by the learned Additional District Judge, 3rd Court, Kishoregonj in Miscel......e father of the petitioner in 1980 the plaintiff was managing the said cinema hall from 1980 and exhibited the cinema without any hindrance from any quarter. On 23‑8‑2000 the plaintiff received a notice from the defendant No. 1 alleging, that the suit property is a vested and non‑resident prop...... by the learned Senior Assistant Judge, Sadar, Kishoregonj in other Class Suit No. 136 of 2002 should not be set aside. 2. The petitioner as plaintiff instituted Other Class Suit No. 136 of 2002 before the Court of learned Senior Assistant Judge, Sadar, Kishoregonj for declaration that the Memo N..Category: Property Law | Date: | Hits: 62
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....as issued at the instance of accused‑petitioner Basiran Bewa on an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the order dated 26‑2‑2003 passed by the Sessions Judge, Tangail in Sessions Case No. 32 of 2003 directing ......titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ......rocedure calling upon the opposite party to show cause as to why the order dated 26‑2‑2003 passed by the Sessions Judge, Tangail in Sessions Case No. 32 of 2003 directing the Magistrate concerned for sending back the case to him after passing necessary order regarding taking cognizance of an off..Category: Criminal Law | Date: | Hits: 81
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....ul Wahab Miah with M Enayetur Rahim, Advocates - For the Opposite Parties. Civil Revision No. 821 of 1996. Judgment Syed Amirul Islam J.- This Rule is directed against the judgment and order dated 12.2.96 passed by the learned Assistant Judge, Laksam Thana Assistant Judge’s Court at Comil......nder Order 9 rule 13 of the Code of Civil Procedure for setting aside the ex parte decree on the ground that their predecessor-in-interest Osman Gani died long ago and they were not made party and no notice was served upon them. They came to know about the ex parte decree only on 26-6-95. 4. The ......e preliminary decree dated 24-4-95 passed in Partition Suit No.12 of 1992. 2. The petitioner as plaintiff instituted Partition Suit No.128 of 1984 in the Second Court of Subordinate Judge Comilla, for partition of the suit properties and to allot her a saham for her legal share inherited by her f..Category: Procedural Law | Date: | Hits: 67
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
....itioner. Kaiseruddin Ahmed, Deputy Attorney-General - For the Respondents. Writ Petition No.1541 of 1997. Judgment Md. Mozammel Hoque J.- This is an application for review of the Judgment dated 4-6-97. It is submitted by the learned Advocate that there are some omissions in the judgment ......ntioned Hand Book with regard to Important Laws, Rules and Orders, a decision of the Cabinet meeting held on 19-6-72 was taken which runs as follows: “7. In this connection it was brought to the notice of the Cabinet that some employees of the People’s Republic of Bangladesh who had been serv......san, Advocate - For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney-General - For the Respondents. Writ Petition No.1541 of 1997. Judgment Md. Mozammel Hoque J.- This is an application for review of the Judgment dated 4-6-97. It is submitted by the learned Advocate that there are some..Category: Administrative Law | Date: | Hits: 183
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... Md. Asadullah, Advocate - For the Respondent No.9. First Miscellaneous Appeal No.15 of 1996. Judgment AM Mahmudur Rahman J.- This Appeal is against the order of attachment before judgment dated November 27, 1995 passed by the learned Subordinate Judge, 2nd Court, Chittagong in Money Suit......pped payments of bills under the impugned order. Syed Ishtiaque Ahmed with great force argued that the Court below erred in failing to find that respondent collusively and fraudulently suppressed the notice of the Court below from the appellant and there being no valid service of the show cause noti......pondent No.1. Md. Asadullah, Advocate - For the Respondent No.9. First Miscellaneous Appeal No.15 of 1996. Judgment AM Mahmudur Rahman J.- This Appeal is against the order of attachment before judgment dated November 27, 1995 passed by the learned Subordinate Judge, 2nd Court, Chittagong..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....as been issued at the instance of the defendant‑petitioners on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite parties to show cause as to why the order dated 20‑10‑03 passed by the learned Additional District Judge, 2nd Court, Dinajpur in Miscellan......e amended Constitution in violation of the judgment and order of the High Court Division passed on 6‑7‑03. On the said application filed on 17‑9‑03 the learned Senior Assistant Judge issued a notice upon the defendants to show cause within 3 days as to why a temporary injunction should not b......at the opposite parties as plaintiffs instituted Other Class Suit No. 142 of 2003 on 17‑9‑03 in the Court of the learned Senior Assistant Judge, Sadar, Dinajpur against the defendants-petitioners for a declaration that the decision dated 14‑9‑03 relating to amendment of the Constitution of D..Category: Civil Law | Date: | Hits: 74
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....umayun Kabir Khadem, Advocate ‑ For the Respondents. Appeal from Original Decree No. 239 of 1995. Judgment Md Abdur Rashid J. - The plaintiff presented the above appeal against the decree dated 30‑4‑95 passed by the Subordinate Judge, Court No. 1 at Rangpur in Money Suit No. 6 of 199......her party. Reason is not far away to see, section 70 prevents unjust enrichment and the principle applies as much to an individual as to corporations and the Government. 29. The important point to notice is that in a case is falling under section 70 the person doing something for another or deliv......e appeal against the decree dated 30‑4‑95 passed by the Subordinate Judge, Court No. 1 at Rangpur in Money Suit No. 6 of 1993, which decreed the suit in part. The plaintiff instituted the suit for a money decree of Taka 8,34,160 for the price of work done together with compensation. 2. Pla..Category: Civil Law | Date: | Hits: 99
....inda Kumar Roy, Assistant Attorney General - For the petitioner.
Mr. Md. Mahbub Ali, Advocate - For the opposite party Nos.1-5.
Civil Revision No. 4331 of 2003.
(From the judgment and decree dated 3.2.2003 passed by the Additional District Judges, erd Court, Sylhet in Title Appeal No.332 of......s. The subsequent order passed by joint Secretary Mr. S. Hossain Khan on 22.7.77 is obviously based on illegal assumption of fact and as such suffers from clear illegality."
18. As we have already noticed that both the Courts below after discussions of the entire materials on record arrived at a ...... of affirmance dated 3.02.2003 passed by the learned Additional District Judge, 3rd Court, Sylhet in Title Appeal No.332 of 2001 should not be set-aside.
2. Material facts of the case as necessary for disposal of the Rule are that the opposite party Nos.1-5 as plaintiffs filed a suit being Title ..
Category: Property Law | Date: | Hits: 64
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