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Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....ial Magistrate and Chief Metropolitan Magistrates in the same table with Chiefs of Staff of the Defence Services of Bangladesh of the Warrant of Precedence, 1986 issued by the petitioner. 2. Facts relevant for the disposal of this petition are succinctly stated below: 3. The Judicial Service i......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......Hossain J Bangladesh repreÂsented by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat, Dhaka-1000 .............................................Petitioner Vs. Md. Ataur Rahman and others…………………….Respondents Order March 13, 2011. Lawyers Involved: ......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ..Category: Constitutional Law | Date: | Hits: 441
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....ading, or in affidavit, or in any sworn deposition given by a party in a prior litiÂgation, though it is capable of rebuttal. The assertion of a right, whether in a pleadings or other statements, is relevant under section 13 of the Evidence Act and is, therefore, legally admissible in eviÂdence. P......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......e Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Alimuzzarnan (Reza) and others..........................Appellants Vs. Md. Masudar Rahman @ Babul and others............1st October, 1992 as genuine one. The learned Judges further held that section 47 of the Registration Act, 1908 would not be attracted in this case, inasmuch as, in order to attract secÂtion 47, the documents must be at par and on the same footing and that as such, the trial Court correctly found t..Category: Procedural Law | Date: | Hits: 76
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....the Petitioner served a notice dated 17.3.2008 upon the Respondent No.1 under Sections 241(v) and 242 of the Act. This elicited a response from the Respondent No.1 on 9.4.2008 through its lawyer. The relevant portion of which is reproduced herein below: “It is also worth mentioning that My clie......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ...... Karwan Bazar, Dhaka,……………….Petitioner Vs. Federal Insurance Company Ltd. represented by its Managing Director Chamber Building (2nd Floor) 122-124 Motijheel Commercial Area, Dhaka and another…………………........................Respondents Judgment May 20, 2010. ......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ..Category: Company Law | Date: | Hits: 203
....respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 391.......respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 391.......me Court
High Court Division
(Special Original Jurisdiction)
Present:
AKM Sadeque J
Mainur Reza Chowdhury J
Government of the People's Republic of Bangladesh represented by the Land Acquisition Collector, Dhaka, Police Station Kotwali in the City of Dhaka...........Petitioner
...... This son of the respondent No.2 has also filed the succession certificate bearing out the death of his father on the date alleged by him. This is Annexure-X to the supplementary affidavit. These two documents leave no room for doubt that the original respondent No.2 Md. Ishaque had died on 19.5.90 ..
Category: Alternative Dispute Resolution | Date: | Hits: 213
....iginal lessee and as such he is not entitled to any relief.
8. Before we consider the submission made by the learned Advocates for the petitioner and the respondents it is necessary to examine the relevant provisions of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance......urt issued notices on the petitioner and the Government fixing the date for hearing of both the cases with a direction upon the Government to file written statement along with necessary documents and papers in support of their respective cases. The respondent‑Government neither filed any written s...... issued calling upon the respondents to show cause why the enlistment of the petitioner's property at plot No.CEN (D)‑21, Road No.103, Gulshan Model Town, PS Gulshan Dhaka in the 'ka' list of the abandoned properties published on September, 23, 1986 in Bangladesh Gazette, Extraordinary at page No.......ent and the Court issued notices on the petitioner and the Government fixing the date for hearing of both the cases with a direction upon the Government to file written statement along with necessary documents and papers in support of their respective cases. The respondent‑Government neither filed..
Category: Property Law | Date: | Hits: 86
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....inal case goes against the accused, the Jatiya Party, the plaintiff in that Money Suit, will be seriously prejudiced. 9. We have examined this point and would be examining it more in detail at the relevant portion of the judgment adding only that Jatiya Party is not before this court and whether ......was omitted and on 26th December, 1990, and an inventory was made of the goods found therein. The type of the goods and articles found in that Senabhaban by the said Committee was notified in the newspapers by a Press Note on 2.1.91 where it was mentioned that huge sum of money amounting to Tk. 2 cr......ammad Ershad……………. Petitioner Vs. State……………....Opposite Party Judgment January 21, 1992. Cases Referred To- Public Prosecutor, Madras Vs. Chockalingarn Ambalarn and another, 1929 I.C. 274; ldris Howlader and another Vs. State, 38 DLR 233 & 35 DLR 422, AIR 1......unsel argued that the whole proceeding is malafide and a nullity because he had been given no due opportunity under the law more favourable to an accused. He further submitted by reference to certain documents that in the instant case the accused had not been examined under section 161 of the Code o..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....হোক। " 10. From the order it is abundantly clear that the learned Magistrate has come to the finding that the allegations brought against the accused petitioners have not been proved. The relevant portion of the order of the learned Sessions Judge is reproduced below: বিচার......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......Ebadur Rahman……………….…..Petitioners. Vs. 1. Kuti Miah 2. State..................Opposite Parties Judgment March 13,1991. Cases Referred To- Abdus Salam Master and another Vs. State, 35 DLR 140; Nur Mohammad & others Vs. State, BCR (1987) 244 (9 & 16);......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ..Category: Criminal Law | Date: | Hits: 89
Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)
....the said Officer‑in‑Charge. PS Shibchar on that very day on 1.9.87. Thereafter, both the petitioners obtained this Rule on 9.9.1987. 3. On our asking, the petitioners subsequently obtained the relevant order of the District Magistrate, Madaripur passed on 13.6.90 and filed the same before thi......petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ......ted in: 44 DLR (HCD) (1992) 110. ......petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ..Category: Constitutional Law | Date: | Hits: 174
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....Supreme Court set aside the conviction on the ground that it was‑ not clear as to who was the person who signed the application, because the signature was illegible. We conveniently quote below the relevant observation of their Lordships: "It was not countersigned by a pleader nor is there anyt......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ...... ......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ..Category: Criminal Law | Date: | Hits: 84
....se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored.
There will be no order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 98.......that since the defendant Nos.1 and 2 admitted their signatures on the purported bainanama, the onus was on them to prove that they did not execute the bainanama but put their signatures on some blank papers and that these blank papers were subsequently converted by the plaintiffs fraudulently into t......This Case is also Reported in: 44 DLR (HCD) (1992) 98.......at the defendant Nos.1 and 2 admitted that the signatures appearing thereon were in their hands. It appears that the learned trial Court was legally justified in believing the contents of the written documents, the Bainanama, as it could not be proved to be a fraudulent and forged document by the de..
Category: Procedural Law | Date: | Hits: 59
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
.... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96....... Trusteeship of the Gakul Chandra Roy Trust Estate and why other suitable persons should not be appointed as Trustees in their place and also to direct them to retain the account books, documents and papers of the Trust Estate in their possession and to render full and complete accounts thereof. Tha......ds vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96.......e removed from Trusteeship of the Gakul Chandra Roy Trust Estate and why other suitable persons should not be appointed as Trustees in their place and also to direct them to retain the account books, documents and papers of the Trust Estate in their possession and to render full and complete account..Category: Procedural Law | Date: | Hits: 62
.... of the records from this Court. Send the LC records at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 94....... of the records from this Court. Send the LC records at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 94.......This Case is also Reported in: 44 DLR (HCD) (1992) 94........247 of 1985 and remand the case to the learned Subordinate Judge and Commercial Court No.1, Dhaka, for consideration of the question of possession after a full-fledged discussion of the evidence and documents on record. The lower appellate Court may take the case and dispose it of expeditiously, pr..
Category: Property Law | Date: | Hits: 72
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
.... was arrested on 4.5.87. Let us now see who are the other witnesses and what they say in support of the prosecution case. 8. P.W.2 Akbar Hossain was attached to the police station Damurhuda at the relevant time. He took the dead body of Shahida to the hospital Damurhuda for post‑mortem examinat......nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......) 83. ......nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ..Category: Criminal Law | Date: | Hits: 110
....h natural justice also but they have been done away with by the insertion of section 10A of the PDR Act, 1913.
12. The arbitrariness of the order of the Certificate‑Officer also appears from the relevant order passed by him on receipt of the Requisition Annexure‑1 which is a follows:
সà¦......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407.......
MM Enterprise Limited, 224, Bara Maghbazar, Dhaka, represented by its Director, Syed Tazammul Hussain……………Petitioner
Vs.
General Certificate Officer, Collectorate Building, Comilla and another…………….Respondents
Judgment
December 2, 1992.
Lawyers Involved:
Abd......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407...
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....ce of 2008 or the Ain of 2009 manifests an intention incompatible with or contrary to the provisions of the section and such incompatibility would have to be ascertained from consideration of all the relevant provisions of the new law and accordingly he submits that since the offence committed durin......smissed. 14. We have heard the submissions advanced on behalf of the respective parties, perused the civil review petition, impugned judgment and order passed by this Division and other connected papers on record. At this stage we have to consider whether the points raised on behalf of the petit......……………………………………………………………………………………..Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others…Respondents Judgment......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ..Category: Civil Law | Date: | Hits: 238
A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)
....dgment Bimalendu Bikash Roy Choudhury J.- This Rule arises out of a prayer for condonation of delay in filing a revisional application under section 115 of the Code of Civil Procedure. 2. Facts relevant for disposal of the Rule are not in dispute and may be shortly stated. An application for p......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ......in: 45 DLR (HCD) (1993) 381. ......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ..Category: Procedural Law | Date: | Hits: 72
Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ......shad before respondent No.4 Returning Officer and Upazila Education Officer, Upazila Mirzapur, District Tangail. 3. It appears from the election schedule that the date for submission of nomination papers to the Returning Officer was fixed by the Election Commission to be on 7th December, 1991. Ad......n (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Ansar Ali Khan………………………Petitioner Vs. Chief Election Commissioner and others……………………..Respondents Judgment January 8, 1992. Cases Referred To......r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ..Category: Election Law | Date: | Hits: 128
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....egally been registering marriages of under aged girls and realizing excessive fees and the petitioner was directed to appear on 3.3.2010 at 9 a.m. with the main volume of Nikahnama Register and other relevant papers. On 3.3.2010, the petitioner appeared before the enquiry officer with the main volum......en registering marriages of under aged girls and realizing excessive fees and the petitioner was directed to appear on 3.3.2010 at 9 a.m. with the main volume of Nikahnama Register and other relevant papers. On 3.3.2010, the petitioner appeared before the enquiry officer with the main volume of Nika......Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 128
....ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
......ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
......3 DLR (2011) 666.
...... the plaintiff at the request of some cultural minded people of the locality. In support of the plaintiff’s case, it has examined four persons as witnesses. It has also adduced and proved certain documents before the trial court which were marked as Exhibits-1 to 13.
3. The Defendant-Appellan..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....ial Government; (vii) a plea of truth taken up as a defence in terms of clause (vi) in proceedings for contempt of Court arising from an earlier averment unless it is mendaciously false; (viii) relevant observations made in judicial capacity, such as, those by a higher Court on an appeal or re......ls for the contemnor-respondents at length and considered their submissions. We have carefully scrutinized the contempt petition, affidavit in opposition, affidavit of compliances and other connected papers appended to them. 12. The moot question that falls for consideration by this Division in t...... Jurisdiction) Present: Md. Ashfaqul Islam J M. Moazzam Husain J Md. Abdul Halim ………………………………………………………Petitioner Vs. Dr. Mohammad Tareque and others……………………….Respondents Judgment August 3, 2011. Result: The R......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 115
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