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....ed this petition for leave to appeal against the judgment and order dated the 28th and 29th days of October, 2008 passed by the High Court Division in Civil Revision No. 625 of 1995 making the Rule absolute and sending the suit back on remand to the trial Court.
2. The predecessors of respondent ......local investigation of the suit land by appointÂing another Advocate Commissioner invoking inherent power of the Court under section 151 of the Code of Civil Procedure, therefore, no interference is called for by this Court with the impugned judgment and order.
8. We have gone through the judgme......udgment and order dated the 28th and 29th days of October, 2008 passed by the High Court Division in Civil Revision No. 625 of 1995 making the Rule absolute and sending the suit back on remand to the trial Court.
2. The predecessors of respondent Nos.1 (a) to 1(c), 2 and 3 as plaintiffs instiÂtu......
This Case is also Reported in: VIII ADC (2011) 744.
..
Category: Property Law | Date: | Hits: 83
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
.... has been filed by the defendant-petitioners against the judgÂment and order dated the 10th day of August, 2008 passed by the High Court Division in Civil Revision No. 3306 of 2003 making the Rule absolute. 2. Respondent No.1 as plaintiff filed Title Suit No.47 of 1999 in the Court of Assistant ...... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ......endants put their signatures in the papers connected with the criminal case. The statements made by the defendants in the criminal case are not correct. 5. On conclusion of hearing of the suit the trial Court by its judgment and decree dated 29.08.2007 decreed the suit. Against the judgment and d......issed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ..Category: Property Law | Date: | Hits: 62
Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
....of November, 2009 passed by the High Court Division in Civil Revision No.1080 of 2009 discharging the Rule ratÂifying the judgment and order dated 26.02.2009 passed by the learned District Judge, Jessore in Miscellaneous Appeal No.16 of 2007. 2. Facts necessary for disposal of this leave petitio......ovember, 2009 passed by the High Court Division in Civil Revision No.1080 of 2009). Judgment Md. Abdul Wahhab Miah J. - In this petiÂtion for leave to appeal the judgment-debtor-petitioner has called in question the propriety of the judgment and order dated the 8th day of November, 2009 passe......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is disÂmissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ......hhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Hossain Ahmed.........................Petitioner Vs. Bangladesh House Building Finance Corporation and another……….........Respondents Judgment February 27, 2011. Result: The ..Category: Civil Law | Date: | Hits: 108
Shariful Islam Vs. Billal Hossain and the State, 1992, 21 CLC (HCD)
.... of that Court shall not be set aside. 2. The petitioners case, in short, is that opposite party No.1 lodged FIR with Munshiganj Police Station alleging that on 16.3.91 at about 6‑00 AM when the son of the informant went out of the hut to respond to the call of nature, at the order of accused A...... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ......oved this Court and obtained the present rule. 3. Dr. Rafiqur Rahman, the learned Advocate appearing on behalf of the petitioner, submits that in such a case the revisional Court cannot direct the trial Court to frame charge under any particular section of the Penal Code. He submits that the lear......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Shariful Islam…………………………Petitioner Vs. Billal Hossain and the State………………………Opposite Parties Judgment July 29, 1992. Lawyers In..Category: Criminal Law | Date: | Hits: 67
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....nterim injunction. Thereafter the opposite parties on 14.9.81 filed an application under Or. 39 r 2(3) CPC for attachment of the property of the petitioners for imposing fine and for their civil imprisonment on the allegation that in violation of the order of injunction the petitioners cut and took ......order for arrest of the defendant or to attach his property and it is not bound in the first instance to order for imprisonment. He submits that accordingly in the instant case the attachment was not called for. On the contention as the proceeding under Order 39, rule 2(3) is quasi criminal in nat......process server's report it appears that the said order of temporary injunction was served on the petitioner 1 on 31.7.81 as recorded by the lower appellate Court. But according to the judgment of the trial Court, the same was served on 5.8.81. The learned counsel for the petitioner, therefore, conte....... This Case is also Reported in: 45 DLR (HCD) (1993) 718. ..Category: Criminal Law | Date: | Hits: 90
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....s also Reported in: 45 DLR (HCD) (1993) 712. ......as we hold that the Arbitrator had power to award interest by applying the doctrine of implied power as propounded in Chandris. We also hold that the order of modification made in this regard was not called for as there is no error of law apparent on the face of the award nor the award was obtained ......ing the force of law. 10. Dr. Hossain makes new approach to the issue and addresses the Court on the development of law on the power of the Arbitrator to award interest with the growth of the industrial and trade activities in the recent times. He says that the decisions made in the last century ......Case is also Reported in: 45 DLR (HCD) (1993) 712. ..Category: Alternative Dispute Resolution | Date: | Hits: 156
AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....aroon‑or‑Rashid & another..................Petitioners Vs. AKM Mostafa Kamaluddin and others.............Opposite Parties Judgment March 22, 2001. Result: The Rule is made absolute without any order as to costs. The Code of Civil Procedure, 1908 (Act No. V of 1908); Orde...... application was rejected earlier. Had the learned Assistant Judge rejected the applications for rejection of plaint by giving reasons as to the question of valuation, the impugned order could not be called in question in this Rule. The question of valuation and the court-fee raised by the defendant...... Republic of Bangladesh and another reported in 28 DLR 392. In the said case, it was held that the question whether the plaintiffs were required to pay ad valorem court-fee is to be determined at the trial and before that it was not proper for the Court to direct the plaintiffs to pay ad valorem cou......urt High Court Division (Civil Revisional Jurisdiction) Present: SM Hossain J AKM Haroon‑or‑Rashid & another..................Petitioners Vs. AKM Mostafa Kamaluddin and others.............Opposite Parties Judgment March 22, 2001. Result: The Rule is mad..Category: Civil Law | Date: | Hits: 68
Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)
....Respondents. Writ Petition Nos. 553 of 2003 with 7936 of 2002. Judgment Md. Hamidul Haque J.- These Rule were issued calling upon the respondents to show cause as to why the second proviso to section 4 of the Muslim Marriages and Divorces (Registration) Act, 1974 (Act No.LII of 1974) i......ion of the section the same is reproduced below: 4. Nikah Registrars-For the purpose of Registration of marriages under this Act the Government shall grant licenses to such number of persons to be called Nikah Registrars as it may deem necessary for such areas as it may specify: Provided that ......that case on the ground that it was violative of fundamental right to equal protection of law as guaranteed under Article 5 of the then Constitution of Pakistan. Under that Act three tribunals of the trial of the offenders were set up but the Act did not contain any provision as to which case is to ......553 of 2003 with 7936 of 2002. Judgment Md. Hamidul Haque J.- These Rule were issued calling upon the respondents to show cause as to why the second proviso to section 4 of the Muslim Marriages and Divorces (Registration) Act, 1974 (Act No.LII of 1974) introduced by Ordinance No.XLIX of 1982 a..Category: Civil Law | Date: | Hits: 79
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
....used-Appellant. Fahima Nasrin Assistant Attorney-General-For the Respondent-State. Criminal Appeal No. 1337 of 1998. Judgment Md. Hassan Ameen J.- This Criminal Appeal, at the instance of sole accused-appellant namely, Emdadul Hoque, is directed against the judgment and order, dated 4‑......this fact, but fact remains that the circumstance which was occurred after the occurrence did not support the prosecution case inasmuch as the same has disbelieved it. In this connection it may be re-called here that P.W.2 mother of the deceased categorically said that on 5‑10‑1994 on hearing il......ted a charge-sheet against the accused-appellant, since prima facie case was made out against him under section 302 of the Penal Code. 4. The case record ultimately came to the file of the present trial Court who on the basis of materials available on record framed charge against the accused-appe......State. Criminal Appeal No. 1337 of 1998. Judgment Md. Hassan Ameen J.- This Criminal Appeal, at the instance of sole accused-appellant namely, Emdadul Hoque, is directed against the judgment and order, dated 4‑5‑1998, passed, by the learned Sessions Judge, Lalmonirhat, in Sessions Case ..Category: Criminal Law | Date: | Hits: 76
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....ial Judge to frame charge of abetment punishable under section 109 of the Penal Code for committing the offence punishable under sections 409/467/471 of the Penal Code, referred to above. They have also asserted that they are merely victims and main witnesses of the occurrence who initially brought ......itioners. Md. Afsar Hossain, Assistant Attorney-General-For the Opposite Party. Criminal Miscellaneous Case No. 2123 of 1995. Judgment Farah Mahbub J.- By this Rule the opposite party was called upon to show cause as to why the proceeding in Special Case No. 29 of 1994 arising out of GR ......essary papers, examined the witnesses and recorded their statement under section 161 of the Code of Criminal Procedure and ultimately submitted charge-sheet on 10‑9‑1994 with a recommendation for trial of Mollah Kamruzzaman and the present accused petitioners for the commission of the offences......Case is also Reported in: 57 DLR (2005) 17. ..Category: Criminal Law | Date: | Hits: 85
....being disposed of by the single Judgment.
2. In all the Writ Petition Rules Nisi under Article 102 of the Constitution, of the People's Republic of Bangladesh were issued impugning the second proviso to section 4 of the Muslim Marriages and Divorces (Registration) Act, 1974 (Act No. LII of 1974) ......vorces Registration Act, 1974 is as follows:
"4. Nikah Registrars.- For the purpose of Registration of marriage under this Act, the Government shall grant licenses to such number of persons, to be called Nikah Registrars, as it may deem necessary for such areas as it may specify:
Provided tha......2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs.
Ed.
This Case is also Reported in: 56 DLR (2004) 444.......is also Reported in: 56 DLR (2004) 444...
Category: Civil Law | Date: | Hits: 70
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....iyanjee, Sessions Judge, Kurigram in Special Case No.1 of 1986 convicting the appellant under section 409 of the Penal Code and section 5(2) of Act II of 1947 and sentencing him to suffer simple imprisonment for 1 (one) year and also to pay fine of Tk. 3,800.00, in default, to suffer simple imprison......o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......nce could not be secured in Court and ultimately records of the case along with charge sheet were transmitted to the Court of the learned Sessions Judge and ex officio Sr. Special Judge, Kurigram for trial. On receipt of the case records, the learned Sessions Judge and Sr. Special Judge took cogniza......ssain, 16 DLR (WP) 48; 7 DLR (FC) 1; Ali Vs. Crown, 4 DLR (SC) 551; Fazal Elahi Vs. Crown, 5 DLR (WP) 13; Khan Vs. Crown, 7 DLR (FC) 1; Mobarak Hossain Vs. State, 33 DLR 274; Barkat Ali alias Gharibu and others Vs. Crown, 1969 (SCMR) 448; Muhammad Ismail and others Vs. State and another, 1970 PLD (K..Category: Criminal Law | Date: | Hits: 92
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of BanglaÂdesh and others, 2004, 33 CLC (HCD)
....amaluddin Ahmed (Retd)…………………….Petitioner Vs. Government of BanglaÂdesh and others………………..Respondents Judgment June 13, 2004. Result: The Rule is made absolute. Cases Referred to- Col. Md. Hashmat Ali (Retd) of Bangladesh Army Medical Corps Vs. Ba......izur Rahman Vs. Government of Bangladesh 29 DLR 34, an order passed by the Chief of Staff, Bangladesh Army, cancelling the appointment of the petitioner as the officiating Judge Advocate General, was called in question under Article 102 of the Constitution. The Rule was discharged on the ground that......question of conduct of an accused. 47. A person may be an accused in a criminal case but unless he is found guilty by a Court of law he is deemed to be innocent in the eye of law. He will face the trial as an innocent man as anybody else. It is always for the prosecution to prove beyond reasonabl......Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Air Marshal Jamaluddin Ahmed (Retd)…………………….Petitioner Vs. Government of BanglaÂdesh and others………………..Respondents Judgment June 13, 2004. Result: The Rule is ma..Category: Employment/Service Law | Date: | Hits: 148
State Vs. Abdul Hatem, 2003, 32 CLC (HCD)
....ision (Criminal Revisional Jurisdiction) Present: AK Badrul Huq J Md. Abdul Hye J State ............................... Appellant Vs. Abdul Hatem ............….. Condemned Prisoner Judgment February 2, 2003. Result: Death Reference is accepted. Cases Referred......so, shouted and on hearing shouting PW 2 Santi Begum, PW 5 Mohiruddin alias Mahor and others came to the scene of occurrence. Rahima Khatun was taken to seeds club and Dr. Md. HanifÂuddin (PW 4) was called who expressed his inability to treat Rahima Khatun and suggested to take her to Sarishabari H......ection 302 of Penal Code and convicted him thereunder. Following conviction he was sentenced to death. Abdul Hatem was in abscondence since the incident and he remained although in abscondence during trial and he was tried in absentia. He was, thus, a fugitive from law and justice. Abdul Hatem shall......l Hatem ............….. Condemned Prisoner Judgment February 2, 2003. Result: Death Reference is accepted. Cases Referred to- Noor Jahan Begum Vs. State, 42 DLR (AD) 130; Al Amin and others Vs. State, 51 DLR 154. Lawyers Involved: Md. Helaluddin Mollah, Deputy Attorney ‑..Category: Criminal Law | Date: | Hits: 75
Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)
....n Molla (Md) and another……………Petitioners Vs. Md Rehazuddin and others………………………………Opposite Parties Judgment May 20, 2003. Result: The Rule is made absolute. Case Referred to- Aziz Ahmed Khan Vs. IA Patel, AIR 1974 (AP) 1. Lawyers Involved: ......ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427.......e case was taken up for hearing by the learned Assistant Judge where 3 witnesses were examined on behalf of the preÂ-emptors while 2 witnesses on behalf of the pre-emptees and upon conclusion of the trial the learned Senior Assistant Judge by his judgment and order dated 11‑3‑1999 allowed the M...... Ed. This Case is also Reported in: 56 DLR (2004) 427...Category: Property Law | Date: | Hits: 98
Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)
....,000 for cost of repair of tile machinery under MBD. Having received the initial claim the respondent by their letter dated 20‑10‑1998 appointed two Surveyor Companies, namely, Engineers Survey Associates Ltd. and Rupali Surveyors as joint surveyors to survey the loss. The respondents also asked......resist the prayer of the petitioner for winding up the company and denying the material allegations, the respondent has stated that the petition has been filed as a pressure tactics to recover the so-called dues which is highly disputed by the respondent Company. It has been stated that the responde......ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......Ahmed, Advocate ‑ For the Petitioner. Md. Ibrahim Mollah, Advocate ‑ For the Respondent. Company Matter No. 131 of 1999. Judgment Md. Awlad Ali J.- This application under sections 241 and 242 of the Companies Act, 1994 has been made by the petitioner Ambala Cold Storage (Pvt.) Ltd. I..Category: Company Law | Date: | Hits: 168
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
....a tenant thereof. The defendant No.2 being in occupation of the suit premises was entitled to get a notice under section 106 of the Transfer of Property Act but no such notice was served upon him and so the suit was not maintainable. 4. After trial of the case, the learned Assistant Judge, decree...... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ......occupation of the suit premises was entitled to get a notice under section 106 of the Transfer of Property Act but no such notice was served upon him and so the suit was not maintainable. 4. After trial of the case, the learned Assistant Judge, decreed the suit for eviction against the defendants...... Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ..Category: Property Law | Date: | Hits: 65
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
....ing the Respondent No.1 as President of the People's Republic of Bangladesh as to hold office of the President on or after 8‑10‑1995 was made/done in respect of a constitutionally disqualified person. 2. In this writ petition Mr. Abu Bakkar Siddique, an Advocate of the Supreme Court of Bangla......nk that the office of the President of Bangladesh in an office of profit in the services of the Republic. He submits that if the Articles 133 to 140 of the Constitution are read together it cannot be called that the office of the President is an office of profit in the Service of the Republic. Since......Constitution. 24. Mr. Moklesur Rahman, the learned Advocate for the Chief Election Commissioner, candidly submits that no law has not yet been promulgated for constituting a tribunal and to hold a trial of any election petition with regard to the election of the President of Bangladesh. Mr. Rafiq......cial Original Jurisdiction) Present: Mozammel Hoque J Md. Abdul Matin J Abu Bakkar Siddique..................................................petitioner Vs. Justice Shahabuddin Ahmed and others......................Respondents Judgment August 19, 1996. Result: The Rule i..Category: Constitutional Law | Date: | Hits: 200
Ripon Howlader Vs. State, 2009, 38 CLC (AD)
.....117 of 004 with Criminal Appeal Nos. 3216 of 2004 and 3437 of 2004 heard with Jail Appeal No.924 of 2004 rejecting the Death Reference and dismissing the aforesaid criminal appeals with modification so far as it relates to the petitioner to the effect that he is sentenced to suffer imprisonment for......the above, we find no subÂstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715.......f, Masum and Kabir Fakir Police after investigation of the case submitted charger sheet against accused Ripan, Hanif and Masum of whom Hanif and Masum were absconding. The accused persons were put on trial in the Court of the Additional Sessions Judge, Jhalakathi, wherein charge under Section 302/34...... Advocate instructed by Md. Abu Siddique, Advocate-on-Record-For the Petitioner. None Represented-For the Respondent. Criminal Petition for Leave to Appeal No.298 of 2008. (From the judgment and order dated the 20th and 23rd days of March, 2008 passed by the High Court Division in Death Ref..Category: Criminal Law | Date: | Hits: 81
Md. Moniruzzaman alias Chaklet and others Vs. State, 2009, 38 CLC (AD)
.... by the High Court Division in Criminal Appeal No.3787 of 2001 dismissing the appeal affirming the judgment and order dated 28.08.2001 passed by the Judge of Nari-O-Shishu Nirjatan Daman Tribunal, Jessore in Nari-O-Shishu Nirjatan Daman Case No.9 of 2001 convicting the petitioners under Section 7 of......ntence of the petiÂtioners is commuted to rigorous imprisÂonment for 14 (fourteen) years. The senÂtence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711.......@ Chaklet, Masud Rana and helper Md. Tosibul Islam @ Sentu under Section 7 of Nari-O-Shishu Nirjatan Daman Ain, 2000. 4. The case was sent to the Nari-O-Shishu Nirjatan Daman Tribunal, Jessore for trial who took cognizance and held trial examining as many as 11 witnesses and after considering the......rt Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Surendra Kumar Sinha J Md. Moniruzzaman alias Chaklet and others……………………Petitioners Vs. The State……………………………â€..Category: Criminal Law | Date: | Hits: 70
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