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Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... are no maintainable as being pre-mature. In paragraph 24 of the affidavit in opposition filed in writ petition No.4206 of 2009 in has been categorically stated that the petitioners are fugitive from justice or law and have no right to seek aid or assistance of any Court and the Court will not pass ......lied upon wherein their Lordships of the Appellate Division unanimously held that before taking of cognizance of a case by a competent Court for tribunal a proceeding cannot be said to be pending and accordingly, a proceeding cannot be quashed unless cognizance in respect thereof has been taken and ......on) 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 are discharged. Lawyers Involved: Sheikh Fazle Noor......etition Nos. 4206, 5067, 4202 and 4207 of 2009. Judgment Md. Ashfaqul Islam J.- Writ petition Nos.4206, 5067, 4202, 4207 of 2009 are heard together and disposed by a common question of fact and law. 2. In writ Petition No.4206 of 2009 initiation of Tejgaon PS Case No. 53 dated 19-3-2009 und..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. ......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. ...........Respondents Judgment July 30, 2012. Result: This petition is dismissed. Suit for specific performance of contract In a suit for specific performance of contract, the question to be decided whether there had been a valid contract between the parties and whether consideration ......is no evidence on record, the High Court Division embarked upon an inquiry as to the identity of the suit land and the land of deeds of sale and came to a wrong finding and as such committed error of law. 10. Mr. Syed Amirul Islam, learned Senior Advocate appearing on behalf of respondent Nos.1-..Category: Civil Law | Date: | Hits: 186
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......dismissed. Lawyers Involved: Md. Nurul Amin, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1076 of 2009. (From the judgment and decree dated 29.01.2009 passed by the High Cour......vil petition for leave to appeal before this Division. 5. Mr. Md. Nurul Amin, learned Advocate appearing on behalf of the leave-petitioners, submits that the High Court Division committed error of law in affirming the judgment and decree passed by the appellate Court without taking into considera..Category: Property Law | Date: | Hits: 101
Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)
....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: ......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: ......s. Rana Awan………………………………………………………Respondent Judgment August 1, 2012. Result: The appeal is disposed of. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Appellants. M. I. Fa...... Division and obtained Rule Nisi. After that, the High Court Division made the Rule absolute declaring that the action of the Government treating the respondent’s house as abandoned was without any lawful authority. 4. Being refused by the concerned Authority in mutating her name in the record..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: ......ven witnesses out of sixteen, who were cited as such in the charge sheet. The learned Additional Sessions Judge after conclusion of trial, found the appellant guilty of charge framed against him, and accordingly pronounced his judgment and order of conviction and sentence in absentia on 31.8.1995, a...... The State………………Respondent Judgment April 13, 2011. Result: The appeal is allowed. Lawyers Involved: No one appears - For the appellant. Ms. Rona Nahrin, Assistant Attorney General - For the respondent. Criminal Appeal No.1938 of 1996. Judgment Md. Ruhul Qu......rasion on the dead body. He further stated that because of blood pressure the victim’s heart was enlarged and because of enlargement of heart, a man can die. 9. P.W.7 Anwara Akhter, daughter-in-law of victim Shona Mia stated that on the date of occurrence there was an altercation between her f..Category: Criminal Law | Date: | Hits: 101
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
....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. ......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. ......orted in: 63 DLR (HCD) (2011) 368. ......Anti-Corruption Commission Rules, 2007 is applicable only in the case of any officer of the Anti-Corruption Commissioner, who lay the trap and conduct the trap operaÂtion only. But this provision of law being a special law like Anti-Corruption Commission Rule, 2007 or section 20 or 17 of the Anti-C..Category: Criminal Law | Date: | Hits: 111
Commissioner of Customs, Chittagong Vs. Tectonics and others, 2010, 39 CLC (HCD)
....al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ......al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ......se is also Reported in: 63 DLR (HCD) (2011) 367. ...... the Customs Appeal. 5. In reply, Mr. Aminuddin, the learned Advocate for respondent No.1 appearing with Mr. Munshi Moniruzzaman submits that the Customs Act, 1969 (in short, the Act) is a special law and in section 194 D of the Act special provision has been made for filing an appeal before the ..Category: Procedural Law | Date: | Hits: 111
....t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......pellant
Vs.
International Finance Investment and Commerce Bank Ltd. and others……………Respondents
Judgment
January 17, 2010
Result:
The appeal is dismissed.
Cases Referred to-
IFIC Bank Vs. Abdul Quayum, 4 BLC (AD) 255; Ismat Zerin Khan Vs. World Bank, 11 MLR (AD) 58 =......erred this appeal.
7. Mr. Golam Arshed with Mr. Serajul Haque learned Advocate appearing on behalf of plaintiff-appellant have submitted that the learned Joint District Judge committed an error of law rejecting the plaint on the finding that the suit is barred under section 42 of the Specific Rel..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Judge, Artha Rin Adalat and others………………………Respondents Judgment January 9, 2011. Result: The rule is discharged. Cases Referred to- Zahirul Islam Vs. National Bank Ltd, 46 DLR (AD) 191; Gazi M Towfiq Vs. Agrani Bank, 54 DLR (...... It is hardly believable that she was not aware about the said suit as all other directors of the Company contested the suit. Summons were duly served upon the defendant-petitioner in accordance with law. Certificate of title has also been issued in favour of the Bank under section 33(7) of the Ain ..Category: Civil Law | Date: | Hits: 269
.... 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....... 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.......
Result:
The Rule in all the Writ petitions are made absolute.
Lawyers Involved:
Abu Sayeed 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 a......tion Nos. 416, 438 and 452 of 1986.
Judgment
Mustafa Kamal J.- These 3 Writ petiÂtions have been heard together and as they arise out of a common occurrence and involving the same questions of law they will be disposed of by this common judgment.
2. The petitioner in Writ petition No.416 o..
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. ......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. ......…Petitioner 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: Hemayetud......s the eldest sister of said Shachuma Magni, so under the Burmese Buddhist Law by which they are governed, the plaintiff inherited the entire property left by Schachuma Magni as inheritance under that law does not ascend but descend. The name of the plaintiff was duly mutated but on the objection of ..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. ......opriated the attached machineries worth Tk. 10,00,000/-(Taka ten lacs) which were mortgaged to the Bangladesh Shilpa Bank. Accused Anwar Ali as the co-owner of M/S. Decent Oil Mills Ltd., Pabna thus, according to the first charge-sheet submitted by the prosecution, committed offences punishable u/ss......d in absentia and convicted u/s 16 (3) read with section 16(1)(a) of the Special Powers Act, 1974 by Mr. Afzalul Huq, Special Tribunal, Pabna on 7.2.87 in Special Tribunal case No.27/85 and sentenced to suffer R.I. for 3 years and to pay a fine of Tk. 7,00,000/-, in default, to suffer R.I. for 1 yea......es. The accused appellant with the help of the members of his staff had removed and taken away the said attached machineries some lime after June, 1981. The accused appellant thus dishonÂestly for unlawful gain committed theft and misapÂpropriated the attached machineries worth Tk. 10,00,000/-(Tak..Category: Criminal Law | Date: | Hits: 108
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
.... urged by Mr. P.C. Guha, the learned Advocate on behalf of the petitioner that the 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. ......he materials on record has disbelieved the defence case of earlier agreement and held that the plaintiff is in possession of the disputed lands and that the disputed kabala has been antedated. He has accordingly decreed the suit. Against the said judgment and decree the contesting defendant preferre......rsing the judgment and decree datÂed 29.3.84 and 18.4.84 respectively passed by the Munsif, Barguna decreeing-Title Suit No.46 of 1981. 2. The suit is for a declaration that the kabala purported to have been executed on 9.2.79 by defenÂdant No.2 Menhazuddin Talukder and registered on 6.6.79 by......e that plaintiff has obtained the instant rule. 6. It has been urged by Mr. P.C. Guha, the learned Advocate on behalf of the petitioner that the learned Subordinate Judge has committed an error of law resulting in an error in the decision occasioning failure of justice, in not considering the mat..Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......enewed after the stipulated period of two years expired from 31st December, 1982 the question of default after the expiry of the agreement does not arise. As to the question whether she had paid rent according to the terms and condition of agreement, the learned Munsif found that the plaintiff landl.........Petitioner Vs. Taherunnessa..........................................Opposite Party 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 o......nd there was no trouble but at the later part of the tenancy trouble started. From the legal notice, Ext.A it appears that on 17.8.83 a notice was issued upon Dr. Suraiya at 19, Kakrail, Dhaka by the lawyer appointed by the landlady and it stated that after the expiry of the stipÂulated time of the..Category: Property Law | Date: | Hits: 88
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....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.......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.......ary, Ministry of Local Government Rural Development & Cooperation.................................Respondents Judgment June 22, 1989. Result: The Rule is discharged. Cases Referred to- Harunur Rashid Vs. Bangladesh & others, 39 DLR 445. Lawyers Involved: Md. Hannan wi......dent No.1 (Annexure E) and the Notification dated 12.12.88 issued by the ElecÂtion Commission (Annexure H) so far as those relate to Sylhet Pourashava shall not be declared to have been made without lawful authority and are of no leÂgal effect. 2. The petitioner is a resident of village Ghashit..Category: Property Law | Date: | Hits: 108
.... us to do. When the law and the contract of insurance both clearly allow the inÂsurers to wait until the amount of loss or damage is settled by the arbitrator, it will be against the princiÂples of justice and fair play and will also be a clear violation of the law of contract and terms and condiÂ......Once the arbitraÂtion proceeding draws to a close, the award which will be made the Rule of the Court will have to be executed immediately by the insurers by way of payÂment of the awarded sum. If, according to Clause 18, the insured has to spend two decades for ascertaining from the arbitrator on......ant
Vs.
The Eastern 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;S......nt Appeals aforestated. It is his case that the learned Single Judge acted illegally in holding that the Arbitrator had no authority to determine the liability of the inÂsurers and had also erred in law in holding that the Arbitrator could not award any interest.
9. Mr. Syed Ishtiaq Ahmed, learn..
Category: Business or Commercial Law | Date: | Hits: 290
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
....umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. .........................Appellants Vs. The State…………...........................................Respondent Judgment June 6, 1989. Result: The appeal is allowed. Cases Referred to- Kaiseruddin Sarker Vs. The State; Ismail Sarker Vs. The State, 33 DLR 320; Seraj Ali Vs. The ...... the inforÂmant, mother of Akal Miah asked the accused where they were taking him to. They told her that they had some talks with Akal Miah and for that purpose they were taking him to his father-in-law's house. The inÂformant also saw Alfi Miah, Rangu Miah (since dead) Somed Miah and Dudu Miah at..Category: Criminal Law | Date: | Hits: 141
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....ned the aforesaid rule. 6. Mr. M. A. Mannan, the learned Advocate apÂpearing for the petitioner, submits that the Court of appeal below has committed a serious error of law occasioning failure of justice in not taking into conÂsideration the material point raised in the said appeal. He contends......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115......................Petitioners Vs. Attar Ali……………......................................Opposite Party Judgment June 24, 1989. Result: The rule is discharged. Cases Referred to- Abdul Ilafiz and others Vs. Mafizuddin and others 7 D.L.R. 577; Sadindee Dev Vs. Ambica Singh......before this Court and obtained the aforesaid rule. 6. Mr. M. A. Mannan, the learned Advocate apÂpearing for the petitioner, submits that the Court of appeal below has committed a serious error of law occasioning failure of justice in not taking into conÂsideration the material point raised in t..Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....erting that the suspension order in question was issued by way of misusing the power by the prescribed authorÂity in violation of statutory provision of law and has offended the principle of natural justice. The responÂdent thereafter filed supplementary affidavit stating that upon a complaint fil......an Khan J Emdadul Hoque Miah............................Petitioner Vs. The People's Republic of Bangladesh............Respondents Judgment June 26, 1989. Result: The Rule is, accordingly, made absolute. Cases Referred to- 1981 BLD (AD) 196; Hye Bhuiya Vs. SecreÂtary, ....................Petitioner Vs. The People's Republic of Bangladesh............Respondents Judgment June 26, 1989. Result: The Rule is, accordingly, made absolute. Cases Referred to- 1981 BLD (AD) 196; Hye Bhuiya Vs. SecreÂtary, Ministry of Local Govt. and Rural DevelopÂmen......n vide Memo No.Sha 8/IP-277/87/174 (Annexure 'A') suspending the petitioner from the office of Chairman of Mithapukur Upazila Parishad should not be declared illegal and to have been made without any lawful authority and is of no legal effect. 2. In the Writ application filed under Article 102 of..Category: Others | Date: | Hits: 175
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
....s of the pronouncement of the judgment moved this Court under section 561A of the Code of Criminal Procedure for his release to prevent the abuse of the process of the Court and to secure the ends of justice. The petitioner having been acquitted in the sessions case, his arrest in the same case is i......rthÂwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......site Party Judgment July 10, 1989. Result: The suo motu Rule is discharged. Lawyers Involved: Dr. Rafiqur Rahman, Advocate— For the PetiÂtioner. Md. Moazzem Hussain, Deputy Attorney General— For the State. Criminal Miscellaneous Case No.155 of 1987. Judgment Latif......84 by the Additional Sessions Judge, Manikganj on 29.9.85 should not be released from custody on the ground that his detention in connection with the said Sessions Case is illegal and unauthorised in law. 2. It appears from the Order Book that again on 13.3.88 the same Division Bench of this Cour..Category: Criminal Law | Date: | Hits: 101
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