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Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....h of the High Court Division in Writ Petition No. 5085 of 2008 arising out of Artha Jari Case No. 153 of 2007 pending in the Court of Artha Rin Adalat Court No.1, Chittagong (the Adalat). 2. Facts relevant for the disposal of this appeal are that the respondent No.2 instituted Artha Rin suit No.6......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ...... SAN Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Fariduddin Mahmud...........................................Appellant Vs. Md. Saidur Rahman and others ...........................Respondents Judgment June 10, 2010. Cases Referred to......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..Category: Civil Law | Date: | Hits: 113
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....ates a full opportunity for cross‑examination. The learned judges in 50 All. 113 also said that they had considered the terms of section 33, Evidence Act, and it seems to me that that ruling is not relevant to the present case where the witness was examined before the judge in open Court and to wh......the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ......rt High Court Division (Civil Revisional Jurisdiction) Present Bimalendu Bikash Roy Chowdhury J Chowdhury Miah……………………….Petitioner.. Vs. Dhanindra Kumar Shil and others…………………....Opposite Parties Judgment December 10, 1992. Cases Refe......the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ..Category: Procedural Law | Date: | Hits: 91
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ...... Present Naimuddin Ahmed J Mohammad Gholam Rabbani J Bakth Bibi……………….Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of Bangladesh and others………………..Respondents Judgment October 28, 1992. Cases Referred to- ......71 and went away to Afghanistan; that the petitioner is a national of Afghanistan and that she came to this country after obtaining a passport from the Government of Afghanistan and also other travel documents from the Government of Bangladesh, for the reasons stated by my learned brother in his jud..Category: Property Law | Date: | Hits: 73
....Mr. AKM Faiz at the time of the hearing, however Mr. Moudud Ahmed appeared as senior. A supplementary affidavit has been filed in this case on re‑opening on 21.10.92 to which we shall advert at the relevant portion of the judgment.
6. In the instant case we have heard the lawyers in extenso bec......ee recommended that the tender be given in favour of the next. The enquiry committee further found that person who submitted a tender had a duty to see that his tender is in perfect form and with the papers as required. He cannot shift his liability and responsibility by blaming the Bank Manager and......
(Special Original Jurisdiction)
Present:
Anwarul Haque Choudhury J
KM Hasan J
Shafiq Ahmed………………Petitioner
Vs.
Chairman, Bangladesh Chemical Industries Corporation and others……..........Respondent
Judgment
October 28, 1992.
Cases Referred to-
M/s H......rtiality has never been challenged, before which committee the Managing Director of the petitioner's Company namely. M/s Sharif & Co. had been directed to remain present with the papers and all other documents on 19.7.92 and it appears that the petitioner was present before the Enquiry Committee and..
Category: Others | Date: | Hits: 128
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......e rightly dismissed the suit as the property is in possession of a third party as a lessee under the Government. 10. The learned Subordinate Judge came to the finding that the plaintiff filed many papers which amply proved his right, title and interest in the suit property. The plaintiff asserted......gh Court Division (Civil Appellate Jurisdiction) Present: Md. Abdul Jalil J Mahmudul Amin Chowdhury J Hashem (Md.).......................................Appellant Vs. Bangladesh and others...........................Respondents. Judgment August 16, 1990. Lawyers Involve......rest in the suit property. The plaintiff asserted that he was granted lease for 99 years by the Government and he was in that house till the liberation of Bangladesh and also filed various papers and documents to show his title and those were not denied by the government. The defendant government al..Category: Property Law | Date: | Hits: 73
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....ch notice was given the proceeding before the Arbitrator and the award made by him cannot be held invalid under section 35 of the Arbitration Act as contended by Mr. Ahmed. I may profitably quote the relevant passage from the report at page 468; "In order to render the arbitration proceedings invali......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......Syed JR Mudassir Husain J Adamjee Sons Limited................Appellant. Vs. Jiban Bima Corporation............Respondents Judgment August 3, 1992. Cases Referred To- LIGH Ariff and others Vs. Bengal Silk Mills Lid. and another, 1949 Cal. 350; Zeauddin and others Vs. Abdur Rafi......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ...... This Case is also Reported in: 48 DLR (1996) 61. ......said charges and claimed to be tried. Their case as transpired from the trend of cross‑examination of the P.W.s and from their statements under section 342 of the Code of Criminal Procedure and the documents filed by them is that they are innocent and they were in actual possession of the case lan..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......t petitioner is allowed to sell schedule-A property or any part thereof by private negotiation and enhance the sale proceeds. 9. We have examined the writ petition, affidavit-in-opposition and the papers annexed therewith. We have also examined the provision of Order XXI rule 83 of the Code of Ci......High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J SDS Dairy Limited………………................Petitioner Vs. Bangladesh and others…………………………..Respondents Judgment January 6, 2011. Lawyers In......ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 80
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
....e Ministry for budgetary sanction Annexure-G to the petition where Ministry asked the Chairman, Respondent No.2, (NCTB) vide Memo No. Shim/Sha:I O/Bibidh(NCTB)MI/97/11 dated 8.01.2001 to sent all the relevant papers justifying the work for sanction of the amount referred to above but without sending......y for budgetary sanction Annexure-G to the petition where Ministry asked the Chairman, Respondent No.2, (NCTB) vide Memo No. Shim/Sha:I O/Bibidh(NCTB)MI/97/11 dated 8.01.2001 to sent all the relevant papers justifying the work for sanction of the amount referred to above but without sending it to th..........................................Petitioner Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others……………Respondent Judgment March 7, 2011. Case Referred to- 32 DLR (...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 133
Babul and others Vs. State, 2011, 40 CLC (HCD)
....hat she herself did not see any occurrence and could not ascertain whether her brother Abdur Rashid was drowned in the canal. 20. P.W.6 Md. Zakir Hossain, a constable of police, stated that at the relevant time he was posted at Lakshmipur police station. He and another constable named Nurul Amin ......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ....... Borhanuddin J.-I agree. This Case is also Reported in: ......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....e prosecution. He admitted that he was heroin addicted and P.W.3 was also addicted to heroin. 20. P.W.12 Kh. Abdus Sattar was the Sub-inspector of police attached to Boalia Police Station at the relevant time. On receipt of the ejahar he started the case and filled up the FIR form. The police i......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......ction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J Bulu………………..Appellant Vs. State………………..Respondent (Criminal Appeal No. 383 of 1990). Khairul and others………………….Appellant Vs. State……………………Respondent (Crimina......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ..Category: Criminal Law | Date: | Hits: 83
Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)
....d by the police and his alleged accomplice Manir Hossain member was arrested and produced before the court and refused bail by the court. In such circumstance such conduct of the accused appellant is relevant under section 8 of the Evidence Act. In such circumstances in our view such absconsion of t......s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......oque J Abdul Khaleque .........................Appellant. Vs. The State .................................Respondent Judgment December 10, 1992. Case Referred To- Hazer Ali Mondal and others Vs. State, 37 DLR (AD) 87. Lawyers Involved: MA Wahab, Advocate ‑ For the Appella......s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75...Category: Criminal Law | Date: | Hits: 78
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
..... 9. In the absence of any section being mentioned in the impugned order under which the action is intended to be taken and because of the presence of ambiguity in its language a discussion of all relevant sections in extenso has become necessary to consider the legal implications from all angles......ade. 13. Moreover, it is now well‑settled that an appealable order must be a speaking order, based on evidence and material taken on affidavit or on examination of witnesses and on production of papers. An order of the Administrator under section 32 sub‑section (2) is appealable to the Distri......LR 277; Shoukat Ali Vs. Administrator of Waqf, 29 DLR 276; Makbulal Huq Vs. Administrator of Waqf, 17 DLR 30. Lawyers Involved: Mahmudul Islam with Md. Reaz‑e-Morshed Kamal, Md. Gaziur Farooq and Syed Dastgir Hossain, Advocates ‑ For the Petitioner. A Baset Mazumder, Advocate ‑Respond......ion. In this connection section 38 of the Waqf Ordinance is attracted. For the purpose of an enquiry the section emphasises, the enforcement of attendance or examination of witnesses or production of documents or the issuance of commission for the examination of witnesses by the Administrator of Waq..Category: Trust/Waqf Law | Date: | Hits: 157
Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
....i was recovered after bailing out the water of the pond and removing the earth.” 10. For the purpose of examining this finding of the learned Additional Sessions Judge, it necessary to quote the relevant portion of deposition of the Investigating Officer P.W.17 Md. Azizur Rahman and the same ru......tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......e is also Reported in: 45 DLR (HCD) (1993) 63. ......tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ..Category: Criminal Law | Date: | Hits: 62
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....as the view of the learned Single Judge that the suit already instituted is barred under Order 23 rule 1(3) C.P.C. he would have accorded permission. 17. We do not see how the question of bar is relevant in the aforesaid Civil Order No.727 of 1986. We find that this question was not raised in t......ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ......Ali & others......................................Opposite Parties Judgment June 14, 1989. Result: The Rule is discharged. Where the plaintiff withdraws from a suit, or abandons part of a claim, without the permission referred to sub-rule (2) he shall be liable for such ......ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ..Category: Procedural Law | Date: | Hits: 92
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
.... Judgment Abdul Bari Sarker J.- These three cases arise out of applications under section 66(1) of the Income Tax Act, 1922 filed by the Commissioner of Taxes, Maka (South) Zone, Dhaka. 2. The relevant facts of the cases are that the respondent M/s. Ujala Match Factory, Dhaka filed income tax......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......Respondent. Judgment June 2, 1991. Lawyers Involved: Moksudor Rahman, Advocate – For the Applicant. CR Ali with Abu Bakar, Advocates‑ For the Respondent. Application Nos. 1, 2 and 3 of 1984. Judgment Abdul Bari Sarker J.- These three cases arise out of applications unde......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
.... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ...... and decree which were made ready and taken delivery on 17.10.89. A proposal for preferring an appeal was made on 19.11.89 and the same was sent to the learned Deputy Solicitor who on scrutiny of the papers forwarded the matter to the office of the learned Deputy Attorney‑General (Civil) and it wa...... Judgment Syed Fazle Ahmed J.- The rule which arose out of the application condonation of delay in preferring appeal was heard by the Bench comprising Mr. Justice Bimalendu Bikesh Roy Choudhury and Mr. Justice Abdul Hasib and as their Lordships failed to return an unanimous verdict, their Lord...... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ..Category: Procedural Law | Date: | Hits: 87
Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)
....gality of the order dated 8.11.1984 passed by the Munsif, 3rd Court, Comilla rejecting his application to vacate the earlier order dated 25.8.1984 passed in Title Suit No.225 of 1963. 2. The facts relevant for the purpose of disposal of this Rule are, that Amir Hossain, predecessor‑in-interest ...... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ...... DLR (HCD) (1993) 28. ...... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ..Category: Property Law | Date: | Hits: 76
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....llege Centre. The petitioner took the subjects (a) Bengali‑ 100 marks, (b) Islamic History and Culture‑300 marks, (c) Philosophy‑300 marks and (d) Islamic Studies‑300 marks. Annexure-A is the relevant tabulation sheet of the Dhaka University of the BA (Pass) examination held in Oct/Nov., 198......d of the University. The Discipline Board in its meeting held on 12.11.89 considered the allegations against the petitioner and the reply submitted by and also considered the handwriting of all other papers and found the petitioner guilty of the aforesaid examination offence as defined in Chapter XL...... (Civil Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Sheikh Md. Shahidun Nabi................Petitioner Vs. University of Dhaka and others...................Respondents Judgment March 14, 1991. Cases Referred to- Was......in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ..Category: Others | Date: | Hits: 122
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....came to the finding that opposite party failed to prove that pre‑emptor petitioner was in the know of the transfer from the very beginning and that he was in this country and he was residing at the relevant time in Qatar. Thus it is evident from the finding of the trial Court that evidence adduced......sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ...... in: 45 DLR (HCD) (1993) 15. ......sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ..Category: Property Law | Date: | Hits: 72
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