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Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)
....desh, represented by the Secretary, Ministry of Home Affairs, Secretariat Buildings, Dhaka and others...................Respondents Judgment January 15, 1992. Result: The rule is made absolute. Lawyers Involved: Abdul Malek, Advocate -for the petitioner, AY Salehuzzaman, Deput......Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ......as apprehension of loss of life and that some sections of women organised “বিক্ষোভ মিছিল”on. 2.11.91 in front of the Dhaka Central Jail and in the court premises where the trial of Ex‑President Ershad was being conducted and thereby a serious law and order situation was...... Present: Abdul Jalil J Abdul Hasib J Faisal Mahbub ............……..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat Buildings, Dhaka and others...................Respondents Judgment January 15, 1992. Result: The rule i..Category: Criminal Law | Date: | Hits: 81
Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)
...., Khayton Bibi and Joynab Bibi. Joynab Bibi died leaving behind her husband Tamijuddin, two daughters, Kulir Ma and Bagir Ma, and sister Khayton Bibi. After that, Khayton Bibi died leaving behind her son Abdul Latif and daughter Potimannessa. Potimannessa became traceless since she fled away, and as......ents, submits that the plaintiffs rectified the defects of parties in the appellate Court and that the defendants miserably failed to prove the alleged auction sale and as such no interference is called for. 12. Admittedly, the trial Court dismissed the suit only on the issue of defect of par......ppeal No.94 of 1995 which was transferred to the 2nd Court of the then Subordinate Judge, Brahmanbaria for disposal. The appellate Court allowed the appeal reversing the judgment and decree passed by trial Court and decreed the suit allotting a saham for 4.58 acres of land to the plaintiffs by its j......in CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Yunus Kha and others …………………………….............Petitioners Vs. Abdul Momin and other..Category: Property Law | Date: | Hits: 73
Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)
....etition for leave to appeal has been directed against the judgment and order dated 12.07.2010 passed by a Single Bench of the High Court Division in Civil Revision No.1606 of 2001 making the Rule absolute. 2. The predecessor-in-interest of the petitioners, as plaintiff, filed Title Suit No.61 o......leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......ot on 20.07.1979 and compensation also was given to the original owner. That a 120 feet wide road has been constructed on the suit land and the plaintiffs are not residing in the suit land. 5. The trial court, on consideration of the evidence adduced by both the parties, decreed the suit holding ...... Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaj Uddin Ahmed J Md. Shamsul Huda J Md. Bande Ali Miah being dead his heirs: 1(a) Payesy Begum and others .........Petitioners Vs. The ..Category: Property Law | Date: | Hits: 65
Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)
....1998. But on that date the defendant could not register the said kabala deed for want of time and handed over the said executed kabala deed to the plaintiff telling that he would register the same on some other day. But subsequently the defendant did not register the said executed kabala deed insp....... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ...... of the defendant the plaintiff might have created the alleged kabala deed. This defendant prayed for dismissal of the suit of the plaintiff. 4. Both the parties adduced some evidence before the trial court in order to prove their respective cases. The trial court, on consideration of those e......ossain Chowdhury, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 643 of 2009. (From the judgment and decree dated 30.11.2008 passed by the High Court Division in Civil Revision No.1047 of 2007.) ..Category: Property Law | Date: | Hits: 74
Mosammat Moslema Khatoon Vs. Most. Rasheda Khatoon and others, 2011, 40 CLC (AD)
....f the plaintiff-respondent, has been directed against the judgment and order dated 26.11.2008 passed by a Single Bench of the High Court Division in Civil Revision No. 416 of 2004 making the Rule absolute. 2. The present plaintiff-petitioner along with some others instituted the Other Class Sui......f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ......s, decreed that Other Class Suit No.43 of 1989 holding only that in the Partition Suit No.194 of 1984 the present plaintiffs were not served with the summons and notices. Against that judgment of the trial court the contesting defendants preferred Other Appeal No.53 of 1991 before the learned Distri...... Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Mosammat Moslema Khatoon .................................................Petitioner Vs. Most. Rasheda Khatoon and others……………….........................Respondents Judgment June 22, 2011. Re..Category: Property Law | Date: | Hits: 80
Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)
.... Chowdhury J Modares Miah ...........Petitioner Vs. The Chairman, 1st Labour Court and another..................Respondents Judgment December 17, 1991. Result: The rule is made absolute. Lawyers Involved: Waliul Islam, Advocate ‑ For the Petitioner. No one ‑ For the......sentee" i.e. a stigma has been attached which calls for giving reasonable opportunity to the petitioner to defend himself In case of dismissal of an incumbent from service, the authority concerned is called upon to draw up a full dress disciplinary proceedings in accordance with the service rules. ......legal effect and the petitioner be re‑instated 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) 165. ...... High Court Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Mainur Reza Chowdhury J Modares Miah ...........Petitioner Vs. The Chairman, 1st Labour Court and another..................Respondents Judgment December 17, 1991. Result: The rule is..Category: Labour and Industrial Law | Date: | Hits: 148
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....d by the Subordinate Judge and Special Tribunal No.1 convicting the accused‑appellant under section 19A of the Arms Act read with Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for seven years. 2. The prosecution case in brief was, that on 28.7.84 during investigati......y cigarette for selling a tape‑recorder and appellant Hashem Master fined him Taka 1,000.00 for this act of his violence. He has stated that he was sitting in a tea‑stall at the bazar when he was called by P.W.1. He has stated that Moyzuddin was also present when the recovery of the pipe‑gun w......es P.Ws.4 and 5. After investigation the Investigating Officer submitted charge‑sheet against the accused‑appellant under section 19A(f) of the Arms Act read with Special Powers Act. 3. At the trial 11 witnesses including the complainant Tajul Islam were examined. The informant Mr. Tajul Isla......im @ Ibrahim Vs. State, 41 DLR 524; Arshadullah Vs. the State, 21 DLR 684;Bhuboni Sahu Vs. The King, 2 DLR 39; Kochi @ Jishan & ors. Vs. The State, 8 BLD, 412. Lawyers Involved: Zakir Ahmed and Md. Ashfaqul Islam, Advocates ‑ For the Appellants. Shah Azizur Rahman Assistant Attorney G..Category: Criminal Law | Date: | Hits: 85
Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)
.... same and was entitled to payment of the bill for the extra work. The arbitrator further found that there was no condition in the contract/tender for deduction of VAT from the contractor’s bill and so directed for refund of the amount deducted on account of VAT. But payment having been refused by ......he award of the arbitrator Rule of the Court. 2. Opposite party Chowdhury Syndicate Limited is a private limited Company engaged in construction work on contract under the Government. A tender was called for construction of a 200 foot long bailey bridge over Chandankhali river within Chittagong d......e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330.......adar, 6 DLR 478; Messrs R Sim & Co Vs. Messers Pak Industries Ltd., 8 DLR 305; Government of Bangladesh Vs. Jalaluddin Ahmed 37 DLR (AD) 27; Shambhu Nath Vs. SM Surja Devi, AIR 1961 Allahabad 180 and Ganesh ChandraMisra Vs. Artatrana Misra, AIR 1965 Orissa 17; Federation of Pakistan Vs.H Ghulam ..Category: Alternative Dispute Resolution | Date: | Hits: 147
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....gage Suit No.73 of 1983. 2. This appeal arises out of the facts, in short, that the plaintiff-Bank filed the Mortgage Suit against the defendants-respondents stating, inter alia, that, its predecessor, the Eastern Mercantile Bank Limited, granted cash credit facilities of taka five lac to the def......der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ......s of the defendants under its (plaintiffs) custody and for that the defendants suffered huge loss, that plaintiff has not accounted for the same and that the suit is liable to be dismissed. 4. The trial Court on consideration facts, evidence and materials on record, the suit finding that the suit....... ..Category: Business or Commercial Law | Date: | Hits: 196
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....ocate — For the Appellant. AKM Zahirul Haque, Assistant Attorney-General — For the State. Criminal Appeal No.538 of 1995. Judgment Md. Hamidul Haque J.- This appeal at the instance of sole convict appellant Khorshed is directed against the judgment order of conviction and sentence pa......W.3 is the younger brother of victim Sufia Khatun. He stated that on 8-5-87 his elder sister Sufia and brother-in-law Firoz Mia came to their house at about 5-00/6-00 PM and accused Khorshed was then called because an amount of Taka 1,200.00 was stolen by the accused Khorshed from the house of the i......ries on that night and on following morning the informant lodged ejahar. After investigation, charge-sheet was submitted against the accused under section 302 of the Penal Code. Before commencing the trial, charge was also framed against the accused under that section. He pleaded not guilty and dema...... the State. Criminal Appeal No.538 of 1995. Judgment Md. Hamidul Haque J.- This appeal at the instance of sole convict appellant Khorshed is directed against the judgment order of conviction and sentence passed by the learned Additional Sessions Judge, 5th Court, Dhaka in Sessions Case No.4..Category: Criminal Law | Date: | Hits: 54
....r dated 17-6-98 (Annexure-B) of the respondent No.2 should not be declared to have been made without lawful authority and is of no legal effect. And in Writ Petition No.1927 of 1998 a Rule Nisi was also issued upon the respondents as to why the impugned order dated 1-6-98 (Annexure-B) of respondent ......or has also stated that vested rights can arise from contracts, from statutes and from operation of law and he narrates the provision laid down in several cases. But here, in the instant case, we are called upon to decide the question within the narrow compass as to the curtailment of the right accr......rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313.......rt Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Md. Muzammel Hossain J
Raisuddin.....................Petitioner
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs and others ………………..Respondents
Judgment
January 13, 199..
Category: Civil Law | Date: | Hits: 83
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
..... The said Nasar Uddin Ahmed died leaving behind his wife Shahara Banu and three daughters in Atar Jan, Rahter Nessa and Jahura Khatoon, the said owners while in possession of their respective shares sold 45 decimals of land of plot No.347 to the plaintiffs by a registered Kabala dated 23-10-1954. T......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ...... contesting defendants are possessing the said Kabala lands as described in schedule ‘Ga’ to the plaint. Accordingly, the contesting defendants prayed for dismissal of the suit. 5. The learned trial Court on consideration of the evidence on record decreed the suit whereupon the contesting def......ower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ..Category: Property Law | Date: | Hits: 65
....
Vs.
Deputy Custodian, Enemy Property (now Vested Property), Government of Bangladesh and others...………..Opposite Parties
Judgment
August 16, 1998.
Result:
The Rule is made absolute.
Case Referred to-
Sukumar Bose and others Vs. Abani Kumar Halder and others, 60 CWN 7......t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300.......possessing the same in their own right. It was further contended that the suit property is not a debutter property and the plaintiff has no right, title, interest and possession therein.
5. At the trial, the plaintiff examined five witnesses and the contesting defendants examined three witnesses ......
(Civil)
Present:
Gour Gopal Saha J
Hindu Deity Lakshmi Gobinda Jew………………Petitioner
Vs.
Deputy Custodian, Enemy Property (now Vested Property), Government of Bangladesh and others...………..Opposite Parties
Judgment
August 16, 1998.
Result:
The Rule is ..
Category: Property Law | Date: | Hits: 102
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....e wedding. Accordingly, Faiz Ahmed (opposite party No.5) came and took his sister-in-law Jahan to her father’s house on 1-11-95. 5. Opposite Party Nos.2-5 confined Jahan and pressurised her to disown the marriage. She was even corporally punished. A few days thereafter the husband sent one of h...... doubt heart-rending and painful but I am not embarking upon any discussion as to the truth or falsity of the assertions of either of the parties. The only and the limited question that this court is called upon to decide is whether the family court has committed any error of law resulting in an err...... demand made in the legal notice filed GR Case No.165 of 1995 with the Chowddagram Police Station on certain false and frivolous allegations against the husband of Hosna. The said GR Case is awaiting trial. The husband was thus constrained to institute a suit for rest of conjugal rights (Family Suit...... in: 51 DLR (HCD) (1999) 295...Category: Family Law | Date: | Hits: 166
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....er in his written statement denied all the material allegations made in the plaint contending further that never there had been any valid marriage between the parties; alleged marriage had never been solemnised by anybody in presence of witnesses as required under the provision of Mohammedan Law and......he having refused defendant’s brother and sister threw her out of the house sometime in the middle of Sraban 1400 BS and since then she has been living with her poor father. 7. Plaintiffs father called on the defendant more than once and requested him to take her back or in the least to pay for...... to take her back or in the least to pay for her maintenance but the defendant refused to do either. 8. During the pendency of the suit she gave birth to a baby boy in the month of Poush. 9 The trial Court and the appellate Court considered the evidence of all the witnesses at length and found......………………Opposite Party Judgment March 3, 1998. Result: The application is summarily rejected. Cases Referred to- Abdul Kadir Vs. Salima, (1886) 8 All 149; Khodeza Begum and others Vs. Md. Sadeq Sarker, 1998 BLD 31; Anis Begum Vs. Md. Mostafa Wale, (1933) 55 All 743. ..Category: Family Law | Date: | Hits: 166
Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)
....the plaintiffs filed the suit with false frivolous allegations and, as such, the suit is liable to be dismissed. 4. At the trial, the plaintiff examined 3 witnesses and the contesting defendants also examined 3 witnesses in support of their respective cases. The learned Senior Assistant Judge by ......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......inable in law and it is barred by limitation. It was further alleged that the plaintiffs filed the suit with false frivolous allegations and, as such, the suit is liable to be dismissed. 4. At the trial, the plaintiff examined 3 witnesses and the contesting defendants also examined 3 witnesses in......sistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290...Category: Procedural Law | Date: | Hits: 58
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....d described in the schedule to the plaint and for a further declaration that the order passed in Mutation Case No.96/81‑82 is illegal, collusive and not binding upon the plaintiff petitioners and also for a direction to the defendants to hand over possession of the suit land to the plaintiffs. The...... are collusive ones and not according to the provisions of law. 3. The suit was ultimately fixed for peremptory hearing on 28.7.92 on which date both the parties filed hazira but when the suit was called on for hearing, the learned GP was found absent and then the learned Subordinate Judge took u......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ...... Reported in: 45 DLR (HCD) (1993) 675. ..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....19(f) from their commission agent Jain company who purchased the same from various importers such as Dada Limited & others and out of the same 24 bags were damaged due to sinking of boat, 69 bags sold and remaining 34 bags were seized: that the plaintiff purchased 55 bundles of coir strings each......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......ure of the goods whereas P.W.12 Nagarmall Agarwalla said that D.W.1 inspected the papers produced by P.W.1 but P.W.11, Ram Surekha and P.W.14, Radha Gobinda Saha corroborated P.Ws. 1 & 13. Though trial Court discussed their evidence regarding production of the papers by P.W.1 to D.W.1 at the tim......is also Reported in: 45 DLR (HCD) (1993) 669...Category: Fiscal/Taxation Law | Date: | Hits: 125
Mojibar Vs. State, 1998, 17 CLC (HCD)
....arising out of Kotwali PS Case No.19(11)94, corresponding to GR No.674 of 1994 convicting the accused appellant under sections 395 and 397 of the Penal Code and sentencing him to suffer rigorous imprisonment for 7(Seven) years in each section and also to pay a fine of Taka 2,000.00 in default to suf......er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ......d the FIR to the police station. investigating officer after investigation of the case submitted charge sheet against the accused appellant and others under sections 395/397 of the Penal Code, During trial all other accused are charged under sections 395/397 of the Penal Code to which they pleaded n......ain, Assistant Attorney-General — For the State. Criminal Appeal No.1119 of 1997. Judgment Md. Nurul Islam J.- This appeal by the accused appellant Mojibur is directed against the judgment and order dated 30-4-1997 passed by the learned Assistant Sessions Judge, 3rd Court Barisal in Sessi..Category: Criminal Law | Date: | Hits: 78
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
....: Gour Gopal Saha J Shyamal Chandra Roy……………..Petitioner Vs. Probhat Chandra Roy………………Opposite Party Judgment March 10, 1999. Result: The Rule is made absolute. Lawyers Involved: Md. Marfat Ali, Advocate — For the Petitioner None appears — ......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......this appeal the plaintiff petitioners filed an application on 6-11-95 for withdrawal of the suit on the ground of formal defect on setting aside the impugned judgment and decree passed by the learned trial Court. The application has been annexed to the revision petition and marked as Annexure ‘C......ned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504...Category: Procedural Law | Date: | Hits: 91
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