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....(Supplementary Provisions) Ordinance, 1985 being Ordinance No.LIV of 1985 the disputed house was enlisted in the 'Ka' list of abandoned property by publication in the Bangladesh Gazette Extraordinary dated September, 23, 1986 as serial No.2 at page 9762(61) of the said Gazette. The petitioners then ......spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
......dents of Bangladesh. The disputed house was leased out by the erstwhile Government of East Pakistan to one Md. Moinuddin, son of late Md. Hanif on hire purchase system under the rehabilitation scheme for a period of 99 years on basis of a registered deed of lease executed and registered on 1.2.63 by..
Category: Property Law | Date: | Hits: 89
Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)
.... Md. Mahfuzur Rahman calling upon the respondent, Bangladesh Forest Industries Development Corporation 73, Motijheel Commercial Area, Dhaka to show cause why the order under Memo No. HO/P‑13/79/687 dated 5.6.86 (Annexure 'H') upholding the office order No.850 (Annexure E) issued by the Chairman, B......s delay in submitting this reply to the show cause. A copy of the reply to the show cause is annexed to the petition and marked as Annexure B. It is claimed by the petitioner that without serving any notice on the petitioner the Enquiry Officer called the petitioner verbally and asked him a few ques......e 'H') upholding the office order No.850 (Annexure E) issued by the Chairman, BFIDC should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The facts for the disposal of the Rule are as follows: 3. The petitioner joined in service of Bangladesh Fo..Category: Employment/Service Law | Date: | Hits: 177
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....y General with Amirul Kabir Chowdhury, Deputy Attorney General ‑ For the State. Criminal Revision No.922 of 1993. Judgment Mohammad Fazlul Karim J.- This Rule is directed against the order dated 30.6.93 passed by the Chief Metropolitan Magistrate, Dhaka in Ramna PS case No.126(8)92 under ......asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593.......er dated 30.6.93 passed by the Chief Metropolitan Magistrate, Dhaka in Ramna PS case No.126(8)92 under sections 326/307/302/34 of the Penal Code remanding the accused petitioner in the Police custody for 3 days. 2. The aforesaid case was started at the instance of one Md. Abdul Halim Khan, SI of ..Category: Criminal Law | Date: | Hits: 87
Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....ry J.- This appeal is directed against the order of conviction and sentence passed by the learned Sessions Judge, Nilphamari in Sessions Case No.34 of 1986. The learned Sessions Judge by his judgment dated 26.4.1987 found this appellant guilty of the charge under sections 302/201 of the Penal Code a......etting this information the officer‑in‑charge of the police station went to the house of the accused, found the dead body of deceased Rozina Khatun and held inquest over the same. At that time he noticed some injuries on the left side of the ribs as well as on the right cheek of the deceased and......e No.34 of 1986. The learned Sessions Judge by his judgment dated 26.4.1987 found this appellant guilty of the charge under sections 302/201 of the Penal Code and sentenced him to suffer imprisonment for life under section 302 of the Penal Code and also sentenced him to suffer rigorous imprisonment ..Category: Criminal Law | Date: | Hits: 66
Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
.... Zainul Abedin, Advocate ‑ For Opposite Party No.1. Civil Revision No.1004 of 1989. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the Order No.33 dated 20.4.89 passed by learned District Judge, Jhenaidah in Misc. Case No.26 of 1988 arising out of......filed an application for amendment of memorandum of appeal and the prayer for amendment was allowed vide order No.3 dated 25.6.86. Thereafter, appeal was admitted on 16.7.86 as per order No.4 and the notices upon the respondents were ordered to be issued fixing 30.8.86 for return. Thereafter the lea......tion the legality and propriety of the Order No.33 dated 20.4.89 passed by learned District Judge, Jhenaidah in Misc. Case No.26 of 1988 arising out of Title Appeal No.84 of 1988 rejecting the prayer for restoration of the said title appeal to its file and number. 2. Facts giving rise to this Rul..Category: Procedural Law | Date: | Hits: 74
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
....For the Appellant. Abdul Wadud Bhuiyan, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondent. Civil Appeal No.139 of 2003. (From the judgment and order dated 16.6.1999 passed by the High Court Division in Civil Revision No.1984 of 1996.) Judgment ......ision. In the said case, the question of marriage between Monwara Begum and Amir Ali Mia came under consideration. Khorshid Alam, the defendant, pleaded about the legal marriage. This Division though noticed that the defendant failed to prove marriage but taking consideration of the doctrine of ackn......stract questions which can be divorced from the facts giving rise to them and in order to resolve them the facts in some detail are necessary. 2. Appellant instituted a suit against the respondent for dower and maintenance in the Family Court. She claimed that though their marriage was solemnized..Category: Family Law | Date: | Hits: 318
.....
Judgment
Fazle Hussain Mohammad Habibur Rahman J.- The petitioner Md. SM Abdur Rob prays for issuance of Rule Nisi calling upon the respondents to show cause why the impugned Memo No.606/1(9) dated 25.11.91 (Annexure C) issued by respondent No.4 Returning Officer and Upazila Co‑operative O......s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
......AY Salehuzzaman, Deputy Attorney General ‑ For the Respondent No.1.
Writ Petition No. 3096 of 1991.
Judgment
Fazle Hussain Mohammad Habibur Rahman J.- The petitioner Md. SM Abdur Rob prays for issuance of Rule Nisi calling upon the respondents to show cause why the impugned Memo No.606/1(..
Category: Election Law | Date: | Hits: 129
Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)
....pondent. Criminal Appeal No.169 of 1986. Judgment Kazi Ebadul Hoque J.- This appeal by the complainant under section 417(2) of the Code of Criminal Procedure is against judgment of acquittal dated 15.6.86 passed by the Additional Session Judge, 3rd Court, Dhaka in Criminal Appeal No.91 of 1......lant. Trial Court did not find that the accused had any initial intention of cheating the appellant at the time of receiving the amounts of money in question from the appellant. Court of appeal below noticed that the accused is an importer of motor pumps from foreign countries and admittedly since 1......onviction of the respondent No.1 Shamsul Alam under section 420 of the Penal Code and sentence of six months' rigorous imprisonment and fine of Tk. 5000.00, in default to suffer rigorous imprisonment for two months imposed by judgment dated 9.3.86 passed by the Metropolitan Magistrate, Dhaka in Peti..Category: Criminal Law | Date: | Hits: 69
Abdul Jabbar Khan and others Vs. Sreela Sreejukteswar Radha Madhab Thakur Jiew, 1993, 22 CLC (HCD)
....lure of justice. 5. Accordingly, the impugned order is set aside and I direct the plaintiff to produce those documents as referred to in Annexure ‘B’ to this petition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs.......session of the plaintiff upon which the plaintiff relied for decree in the suit. The application was necessitated as the plaintiff did not comply with the requirement of Order 7, rule 14 CPC although notice was given to the plaintiff. It is alleged in the petition that for filing of written statemen......¦â€¦â€¦â€¦â€¦Opposite Parties Judgment February 16, 1993. Result The Rule is made absolute. Lawyers Involved: Miah Abdul Gafur, Advocate ‑ For the Petitioners. Jagodish Chandra for L Gomej, Advocates - For the Opposite Parties. Civil Revision No. 316 of 1989. Judgment ..Category: Property Law | Date: | Hits: 55
Gias Uddin Vs. State, 2002, 31 CLC (HCD)
....dent‑State. Criminal Appeal No. 1790 of 1996. Judgment Tariqul Hakim J.- This Criminal Appeal, at the instance of accused‑appellant Giasuddin, is directed against the judgment and order, dated 19‑10‑1996, passed by the learned Additional Sessions Judge, First Court, Mymensingh in Se...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328.......)90 corresponding to Iswarganj PS Case No. 2(9)90 under sections 302/201/34 of the Penal Code convicting the accused‑appellant under section 302 of the Penal Code and sentencing him to imprisonment for life and to pay a fine of taka five thousand, in default to suffer rigorous imprisonment for six..Category: Criminal Law | Date: | Hits: 51
....isi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents, to show cause as to why order contained in File No.3325/AP/group‑10/97‑98 dated 2‑6‑98 issued by respondent No.2 (Annexure-ÂA) and Public Notice No. 18 dated 20‑10‑9...... the year 1989/1990 or some time before that and, as such, the vehicle is more than 5 years old and under the existing import policy, import of vehicle more than 5 years old is prohibited. Show-cause notice may be issued against the importer for importing prohibited commodity. Adjudicating value of ......issued by respondent No.3 under the signature of respondent No.4 (Annexure‑B‑1) should not be declared to have been passed without lawful authority and is of no legal effect.
2. Facts relevant for the purpose of disposal of this Rule are that the petitioner opened LC No.SNT/1970122 dated 7‑..
Category: Business or Commercial Law | Date: | Hits: 209
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....eneral-For the State. Criminal Appeal No. 889 of 1991. Judgment Md. Abdur Rashid J.- This Appeal was presented under section 410 of the Code of Criminal Procedure against judgment and order dated 10‑6-1991 passed by the learned Sessions Judge at Faridpur in Sessions Case No. 08 of 1991, ......appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......er dated 10‑6-1991 passed by the learned Sessions Judge at Faridpur in Sessions Case No. 08 of 1991, which convicted the appellants under sections 302/149 and sentenced each of them to imprisonment for life and to pay a fine of Taka 10,000 in default to suffer rigorous imprisonment for a further p..Category: Criminal Law | Date: | Hits: 60
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....her Shah Colony, Nasirabad, PS Panchush, District Chittagong hereinafter called the disputed house, in the 'Ka' list of abandoned properties vide notification in the Bangladesh Gazette, Extraordinary dated 23rd September, 1986 at page 9762 against serial No.33, has been called in question. 2. The......e, or any developÂment work; or (b) being otherwise harmful to the public interest, the High Court Division shall not make an interim order unless the Attorney-ÂGeneral has been given reasonable notice of the application and he (or an advocate authorised by him in that behalf) has been given an......ion, Housing and Settlement (H & S). The said SA Aziz then executed a registered deed of lease in favour of the Government being lease deed No.2818 dated 19.5.60 whereby he took lease of his land for a period of 99 years. He then built the disputed house on the said land. Thereafter, SA Aziz die..Category: Property Law | Date: | Hits: 75
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
....oner. Civil Revision No.482 of 1993 with Civil Revision No.713 of 1093. Judgment DM Ansar Uddin Ahmed J.- These two Civil Revision Cases have arisen out of two orders passed on two different dates by the Assistant Judge, 3rd Court Dhaka in Title Suit No.21 of 1993. The Rule issued in Civil ......ak Prakashak and Bikreta Samity (Bangladesh Book Publishers and Book Sellers Association) and holding of meetings of the said Committee scheduled on 11.2.1993 and 17.2.1993 by defendant No.9 vide his notice dated 4.2.1993 were illegal, void and not binding upon the plaintiff, as well as for permanen......Abdur Rouf, Chairman and others………………………Opposite Parties (Civil Revision No.713 of 1993) Judgment June 27, 1993. Cases Referred to- Narayan Sankar Vs. Secretary of State for India, 30 Bombay 570; Rani Harsamukhi Sinha Vs. Moharaja Sashi Kanta Acharjee, 7 DLR 473; Ramkis..Category: Civil Law | Date: | Hits: 104
Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)
....o 3(6). Appeal from Original Decree No. 561 of 1968. Judgment Kazi Ebadul Hoque J.- This appeal at the instance of the defendant Nos. 1, 2 and 15 is directed against tile judgment and decree dated 30.6.67 passed by the Subordinate Judge, 4th Court, Dhaka in Tide Suit No.68 of 1956 allowing ......ave passed an ex‑parte decree instead of a contested decree as done by him as his clients failed to participate in the hearing on the date of peremptory hearing of the suit after remand. As already noticed the contesting defendants filed hazira of witnesses on that day and subsequently filed a pet......nt and decree dated 30.6.67 passed by the Subordinate Judge, 4th Court, Dhaka in Tide Suit No.68 of 1956 allowing partition of the suit properties. 2. Plaintiff‑respondent Nos. 1 to 6 filed the aforesaid Title (Partition) Suit No.68 of 1956 claiming 10 annas 7 337/720 gandas share of 20.07 acre..Category: Property Law | Date: | Hits: 57
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....espondent No.8 (In Civil Appeal No. 60 of 2006). Not Represented- Respondent Nos. 1-7 & 9-17 (In Civil Appeal No. 60 of 2006). Civil Appeal Nos. 59-60 of 2006. (From the judgment and order dated 10.8.2004 passed by the High Court in Writ Petition No.2746 of 2001) Judgment Surendra K......ment of it's building complex and the writ respondent no.2, the Deputy Commissioner, after fulfillment of the requirements approved the proposal and started L.A. Case No.01/89-90. After receiving the notice under section 3 of the Ordinance, 6(six) objections were raised by the owners of the property......n providing assistance in the fields of education, culture, social welfare, health care etc. In 1989 it applied to the Government to arrange them 1 (one) acre of land in exchange of money at Gazipur, for the purpose of establishment of it's building complex and the writ respondent no.2, the Deputy C..Category: Property Law | Date: | Hits: 93
Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)
....instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.267 of 2007. (From the judgment and order dated 25.03.2007 passed by the High Court Division in Criminal Miscellaneous Case No.4427 of 2001.) ...... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ......sed. Lawyers Involved: Muhammad Nazrul Islam, Senior Advocate instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.267 of 2007. (From the judgment and order dated 25.03.2007 passed by the H..Category: Criminal Law | Date: | Hits: 85
Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)
.... instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. None represented-For the Respondent. Criminal Petition for Leave to Appeal No.72 of 2006. (From the judgment and order dated the 20th October, 2003 passed by the High Court Division in Criminal Miscellaneous Case No.93 ......above, we find no subÂstances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ......D (AD) 185. Lawyers Involved: Mahbubay Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. None represented-For the Respondent. Criminal Petition for Leave to Appeal No.72 of 2006. (From the judgment and order dated the 20th October, 2003 pass..Category: Criminal Law | Date: | Hits: 165
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
.... instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Appellant. Ferozur Rahman, Advocate-on-Record- For the Respondent. Criminal Appeal No.34 of 2006. From the judgment and order dated 17-11-2002 passed by the High Court Division in Criminal Appeal No.2463 of 1999) Judgment ......iminal Procedure proÂvided that after appearance of an accused before the Court or his release on bail, if the accused person absconds or failed to appear, the procedure relatÂing to publication of notice shall not apply. In the instant case, as it is on record that the petitioner absconded after ......of Corruption Act, 1947 passed by the Court of Divisional Special Judge, Chittagong dated 26-09-1999 in Special Case No.52 of 1994. 2. The appellant was sentenced to sufÂfer rigorous imprisonment for a period of 2 years and to pay a fine of Tk. 6,00000/- (Six lac), in default of payÂment, to su..Category: Criminal Law | Date: | Hits: 89
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent No.1. Not represented- Respondent No.2. Civil Petition for Leave to Appeal No.1211 of 2008. (From the judgment and order dated 28.2.2008 passed by the High Court Division in Civil Revision No.4248 of 1999). Judgment ......cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146.......e-on-Record- For the petitioner. Abdul Aziz Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent No.1. Not represented- Respondent No.2. Civil Petition for Leave to Appeal No.1211 of 2008. (From the judgment and order dated 28.2.2008 passed by the H..Category: Property Law | Date: | Hits: 54
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