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Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....ng order dated 10-11-1999, operation of the Judgment and decree dated 10-4-1995 passed by the Subordinate Judge, Arbitration Adalat, Dhaka in Title Suit No.106 of 1992 was stayed. 3. The necessary facts for disposal of the Rule are that on 4-1-1978, the opposite party No.1 Mr. AKM Shamsul Alamin ......R (HCD) (2010) 449. ......ant No.1 filed an adjournment prayer, which was rejected and the suit was fixed on 10-4-1995 for order. On 10-4-1995, the ex parte decree was passed in accordance with law. 9. Both parties adduced evidence and the learned Subordinate Judge dismissed the miscellaneous case by his Judgment and orde..Category: Procedural Law | Date: | Hits: 170
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
....eed No.10684/2008 dated 26-11-2008. The possession of the property was also handed over to him and he also mutated his name relating to the said property. The petitioners by suppressing the materials facts have filed this writ petition and obtained the rule. 6. The petitioners also filed an affid......s Case is also Reported in: 62 DLR (HCD) (2010) 533....... and decree and the petitioners also deposited 10% of the decretal dues as per order of the Adalat but the learned Judge of the Adalat without deciding the claim of the petitioners on merit on taking evidence rejected the Misc. Case holding illegally that the petitioners were well aware about the fi..Category: Civil Law | Date: | Hits: 157
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... Mr. Rafique-ul-Huq, learned Advocate for the petitioner, submits that he will not press the Rule so far as it relates to the constitutionality of the Money Laundering Prevention Act, 2009. 3. The facts leading to the issuance of the Rule, in brief, are: The petitioner was arrested from his re...... with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......nt on facts allegedly committed prior to the promulgation of Durnity Daman Commission Ain, 2004, constitute an offence under the Durnity Daman Commission Ain are disputed facts can only be decided on evidence at the trial." The principle expounded in the case referred to above also applies to the..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....and why they shall not be directed to turn back the original mark sheet and certificate of his BA (pass) examination to the petitioner bearing Roll No.15946, examination year 1983. 2. Briefly, the facts of the case is that, the petitioner Mohammad Abul Kashem passed Secondary School Certificate E...... Original Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Hoque J Abdul Kashem......………………Petitioner Vs. University of Chittagong represented by the Vice-Chancellor and others………….Respondents Judgment October 15, 2008. Result: The Rule is made a......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ..Category: Others | Date: | Hits: 186
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ction 561A the Code of Criminal Procedure are quite premature and so the High Court Division should not enter into the first information report and the charge sheet in order to appreciate whether the facts alleged therein constitute any offence or not." (underlined by us) 10. The process that has......t High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SA Emdadul Hoque J Nur Hossain Miah & others……………..Petitioners Vs. Bangladesh and others……………..Respondents Judgment October 6, 2010. Result: All the Rules a......nvestigation is the precondition for ensuring dispensation of justice. Mainly for that purpose, when there is allegations of serious offence, bail is generally refused, in order to avoid tempering of evidence so that the police nay collect evidence from the witnesses, who may otherwise be afraid of ..Category: Criminal Law | Date: | Hits: 107
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ...... Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Ibrahim Khalil and others………………........Petitioners Vs. Mujibur Rahman and others……................. Court Division did not advert to the findings of the trial Court which came to a finding that the plaintiff could not prove the transaction and that the High Court Division upon non consideration of evidence of P.Ws.1, 2 and 4 about payment of consideration reversed the judgment of the trial Court ..Category: Civil Law | Date: | Hits: 186
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....ed Subordinate Judge, Kushtia in Title Appeal No.72 of 1976 reversing the judgment and decree dated 26.05.1976 passed by the then Munsif, First Court, Kushtia in Title Suit No.572 of 1970. 2. The facts, leading to the filing of this petition, in brief, are: The petitioners herein as the plain......: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Omar Ali Mondal and others…………...............Petitioners Vs. Md. Abdul Hamid and others.....................d to the plaintiffs. The High Court Division as well as the lower appellate Court came to a finding that the plaintiffs could not prove their settlement on the basis of dakhila. Having considered the evidence of the witnesses of the plaintiffs, the High Court Division as well as the lower appellate ..Category: Property Law | Date: | Hits: 101
Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)
....ve by appellants is directed against the judgment and order dated 09.11.2004 passed by a Division Bench of the High Court Division in Writ Petition No.770 of 2004 making the Rule absolute. 2. The facts narrated in this appeal are précised below: Alhaj Sheikh Mohammed Noor, father of the resp......Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The Government of Bangladesh and others…………......Appellants Vs. Mrs. Rana Awan………………………………â......by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 121
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......or the appellant. Ms. Rona Nahrin, Assistant Attorney General - For the respondent. Criminal Appeal No.1938 of 1996. Judgment Md. Ruhul Quddus J.- This appeal is directed against judgment and order dated 31.8.1995 passed by the Additional Sessions Judge, Narayangong in Session Case No.40......ed that the prosecution was able to prove its case beyond all reasonable doubt, and the learned Additional Sessions Judge rightly convicted and sentenced the appellant. 5. We have gone through the evidence on records and the impugned judgment and order. It appears that P.W.1 S. M. Shahidul Islam,..Category: Criminal Law | Date: | Hits: 101
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
....tion and if the mighty accused-petiÂtioner is granted bail the investigation of the case will be hampered as he holds very powerful position in the Anti-Corruption Commission. 10. Considering the facts and circumstances of the case, we are not inclined to enlarge the accused-petitioner on bail a......jected. Case Referred to- 14 MLR 482. Lawyers Involved: Abdul Matin Khasru, Advocate - For the Accused-Petitioner. KM Zahid Sanvar, Deputy Attorney-General with Md. Zakir Hossain Ripon and Monzu Naznin (Rozy), Assistant Attorney-General—For the State. Md. Khurshid Alam Khan, Advo......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ..Category: Criminal Law | Date: | Hits: 111
.... Servant has been changed. For the above reason the decision referred by the learned Advocate for the respondent reported in 7 BLC (AD) 1 and the case reported in 29 DLR (SC) 41 are applicable in the facts and circumstances of the present case.
14. The learned Advocate for the appellant furÂther......ourt
High Court Division
(Civil Appellate Jurisdiction)
Present:
Farid Ahmed J
M Enayetur Rahim J
Abdul Quayum………………Appellant
Vs.
International Finance Investment and Commerce Bank Ltd. and others……………Respondents
Judgment
January 17, 2010
Resul......ther replied nor passed any order in the revisions; that the plaintiff was terminated from the service most illegally and the appellate authority has also dismissed the appeal without considering the evidence and without folÂlowing the Rules and Regulation of the service and as such he was complete..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
.... Limited and the second address 171 Bhagalpur, Savar, Dhaka is the factory address of Messrs Romana Industries Limited of which the petitioner is a direcÂtor. The petitioner did not convert the said facts that the above addresses of the petitioner are the office address and factory address of Messr...... High Court Division (Special original Jurisdiction) Present: Zinat Ara J Md. Abu Zafor Siddique J Afifa Sultana……………………Petitioner Vs. Judge, Artha Rin Adalat and others………………………Respondents Judgment January 9, 2011. Result: The r......ntial address of the petitioner or whether the petiÂtioner is liable for Taka 20,000 with interest are all disputed questions of facts which cannot be decided in the writ jurisdiction without proper evidence. 18. It has been decided in the cases of Zahirul Islam Vs. National Bank Ltd reported in..Category: Civil Law | Date: | Hits: 269
....n 8 of Ordinance No. LXXXV of 1976 and therefore the petitioners are not entitled to any show cause notice etc.
17. We cannot simply accept the submission of the learned Deputy Attorney-General on facts. In all the impugned orders of discharge from service it has been very clearly stated that the......d Ahmed, Advocate - For the PetiÂtioners (In all the Writ Petitions).
A.F. Hasan Ariff, Deputy Attorney General - For the ResponÂdents (In all the Writ Petitions).
Writ Petition Nos. 416, 438 and 452 of 1986.
Judgment
Mustafa Kamal J.- These 3 Writ petiÂtions have been heard together ...... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459...
Category: Others | Date: | Hits: 167
Machafrue Magni Vs. Seman Magni & others, 1988, 17 CLC (HCD)
....al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ......Vs. Seman Magni & others…………………………………Opposite Parties Judgment April 5, 1988. Result: The appeal is dismissed with cost. Case Referred to- Ma Thein and others Vs. Maung Sin and others, AIR 1938 74. Lawyers Involved: Hemayetuddin Ahmed, Advoca......gni and as such she inherited the entire share to the exÂclusion of the plaintiff who is sister of the half blood and that she has been in possession of the suit land. 4. Both the parties adduced evidence and filed various papers which were marked Exts. 5. The learned Subordinate Judge after ..Category: Property Law | Date: | Hits: 107
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ...... Appellant. S. B. Barua, Advocate - For the State. Criminal Appeal No.325 of 1987. Judgment Fazle Hussain Mohammad Habibur Rahman J.- Accused-Appellant Md. Anwar Ali was tried in absentia and convicted u/s 16 (3) read with section 16(1)(a) of the Special Powers Act, 1974 by Mr. Afzalul H......t merely for default in this payment of loan. Appropriate remedy for the Shilpa Bank is to take acÂtion under Article 33 or 34 or 35 of P.O. No.129 of 1972. Be that as it may, on a reading of the evidence on record I find that only P.W.1 Mr. Karim, the Manager Shilpa Bank, Dhaka and P.W.6 Mr. Ra..Category: Criminal Law | Date: | Hits: 108
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....d cancelled. A copy of the deÂcree be sent to the Sub-Registrar concerned for necesÂsary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......of 1985. Judgment DM Ansaruddin AhÂmed J.- This Rule issued on an application under section 115 of the Code of Civil Procedure at the instance of the plaintiff is directed against the judgment and deÂcree dated 6.6.85 and 8.7.85 respectively passed by the Subordinate Judge, Barguna, in Title......learned Subordinate Judge has committed an error of law resulting in an error in the decision occasioning failure of justice, in not considering the material eviÂdence and coming to a decision on no evidence at all. According to him, there is ample evidence on record showing possession of the plain..Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....e case for default. Against that order there was an appeal being Miscellaneous ApÂpeal No.534 of 1984 before the learned Court of Addl. Sessions Judge, Dhaka. The learned Court after considering the facts found no fault with the dismisÂsal order and the appeal was dismissed. Against that the petit...... Judgment May 12, 1988. Result: Civil Revision No. 561 of 1987 is discharged. Cases Referred to- Ahmedur Rahman Vs. Sk. Mofazzal Hossain, 14 DLR 826; Rafique & others Vs. Siddique and others, 22 DLR 59; Dasarath Vs. Sarat Chandra, 37 CWN 971; Kobbat Ahmed Vs. Abdus Sabur, 25 DLR ...... part of either lessor or lessee by fifteen day's notice, expiring with the end of the month of the tenancy. 22. It has been argued by the learned Advocate that there existed an implied consent as evidenced by her legal notice of the year 1984, which notice was served more than one year after the..Category: Property Law | Date: | Hits: 88
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
.... does not ipso facto make it a Municipality or make it included in the limits of an existing Municipality by way of extension." 15. The above decision, in our view, has got full application in the facts and circumstances of the present case and as such we are in full agreement with the cited deci......si issued under Article 102 of the Constitution the respondents were asked to show cause as to why the Notification dated 20.10.88 issued in the Bangladesh Gazette by the respondent No.1 (Annexure E) and the Notification dated 12.12.88 issued by the ElecÂtion Commission (Annexure H) so far as those......result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132...Category: Property Law | Date: | Hits: 108
....tor.
No other point has been urged before us by the appellant.
We therefore find no ground for interferÂence in these appeals.
In the result all the three appeals are disÂmissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Ca......ern Federal Union Insurance Co. Ltd. & another...............Respondents
Judgment
June 22, 1989.
Result:
All the three appeals are disÂmissed.
Cases Referred to-
Scon Vs. Avery and others, 5 II.L.C. 811=4 W.R. 746=10 E.R. 1121 = (1843-60) All E.R. Rep.1;Scott Vs. Avery and oth......lt all the three appeals are disÂmissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
..
Category: Business or Commercial Law | Date: | Hits: 290
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
.... Penal Code requires instigaÂtion of murder which afterwards culminates in the commission of murder. 8. Points involved in this appeal are whether the charge of abduction is sustainable under the facts and circumstances of the case and further whether the accused-appellants have abetted the offe...... Fazlul Haque, Assistant Attorney General—For the State. Criminal Appeal No.83 of 1985. Judgment Qazi Shafiuddin J. - Accused appellants Soleman, Alfi Miah alias Aktar Hossain, Somed Miah and Dudu Miah have preferred this appeal against the judgment and order of conviction and senÂtence......claimed to be tried. In all 10 witnesses were examined by the proseÂcution in support of the gharge and two were tendered for cross-examination by the defence. 5. The trial Court discussed the evidence, found the accused guilty u/s. 302/109 P.C. and sentenced them as aforesaid. 6. Offences..Category: Criminal Law | Date: | Hits: 141
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