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Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....imposing penalty for recovery of Tk.1,68, 131.44 from the respondent and the order dated 13-8-2001 issued by present petitioner No.1 rejecting his appeal as illegal, void and of no legal effect and also for further direction upon the present petitioners not to recover the said amount from him. Sub...... petitioners filed Appeal No. 43 of 2005 before the Administrative Appellate Tribunal, Dhaka. The appeal was dismissed for default on 19-1-2001 as none appeared for the appellants when the same was called on for hearing. The petitioners filed an application before the Administrative Appellate Trib......e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Bangladesh and another..........................Petitioners Vs. Md. Abdul Karim............................Category: Administrative Law | Date: | Hits: 181
Md. Jashim and others Vs. The State, 2011, 40 CLC (HCD)
.... fair chance of acquittal in this case, we find substance in the submission of the learned advocate for the petitioners and are inclined to confirm their bail. 6. In the result, the rule is made absolute in part and the ad interim bail of petitioners are is hereby confirmed and the bail of petiti...... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......are not in any way involved in the instant case and they have voluntarily surrendered before the court and they have got fair chance of acquittal in this case and there is no certainty as to when the trial of the case will be concluded and they did not misuse the privilege of bail, who have been enl...... agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 64
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....ltimately it was increased to Tk. 4 crores and the petitioners held shares totaling 23,760 in the capital of the company, each share worth Tk. 100.00. Similarly, the respondent No.1 and his nominee also held 23,760 shares in the said company. The petitioner No.1 (Mohiuddin Ahmed) was the first Chair......No.1 and his nominee also held 23,760 shares in the said company. The petitioner No.1 (Mohiuddin Ahmed) was the first Chairman of the Board of Directors of the company, and its subsidiary company was called M/s. Monospool Paper Products Ltd. having its registered office at Dhaka with 1020 shares wor......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......y. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... issued vide Memo No.1/93/87 dated 24.5.87, intimating all the Embassies of Bangladesh abroad about cancellation of the passports of the petitioner and for inclusion of his name in the list of the persons, who would not be given the privilege of contained in Annexure‑D to the petition. 2. Facts......t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ......gladesh. After obtaining his BA (Hon’s) Degree in History from Dhaka University, he engaged himself in the research work for Ph.D. Degree under Dr. Joyanta Kumar Roy of Calcutta University, on industrial development. He also took active part in the war of liberation in 1971 and acted as the Person...... Abdur Rouf J Mahmudul Amin Choudhury J Syed Mokbul Hossain…………Petitioner Vs. Government of Bangladesh, represented by the Secretary of Home Affairs, Bangladesh Secretariat, Dhaka and others ............Respondents Judgment July 17, 1990. Cases Referred to- Government..Category: Constitutional Law | Date: | Hits: 288
Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
.... student of Udbodhan High School at Jhalakati as plaintiff in the Court of Munsif, Jhalakati against the Chairman and the Controller of Examinations, Board of Intermediate and Secondary Education, Jessore as defendant Nos.1 and 2 as well as Mr. Derajuddin Ahmed, Headmaster of Jhalakati Government Hi...... Centre in the first half on 23.3.81 and duly submitted his answer script in chemistry paper to the invigilator on duty 3 or 4 minutes before the last bell, that at about 4‑00 PM on that day he was called for by the examination centre authority and informed that his examination script on Chemistry......re marked as Miscellaneous Case No. 85 of 1985. The case was commenced by the decree holder in Title Suit No. 138 of 1982 on the allegation that the said defendant wilfully violated the decree of the trial Court by not publishing his result in SSC Examination, 1981. The said defendant along with the......urt High Court Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Mohammad Mofizuddin ..........................Petitioner Vs. Mohammad Firoj Alam and another……………..…..…….Opposite Parties Judgment July 31, 1991. Case Refer..Category: Civil Law | Date: | Hits: 84
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
....rder dated the 16th day of May, 2007 passed by a Division Bench of the High Court Division in Civil Revision No.591 of 2006 rejecting the application for amendment of the plaint and making the Rule absolute. 2. The short fact necessary for disposal of this appeal is that appellant Nos.1 and 2 and...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......for amendment of the plaint on the view that if prayer for amendment was allowed it would change the nature and character of the suit. The issue of amendment of the plaint was not either before the trial Court or before the District Judge. It is a new phenomenon which cropped up before the High Co......in CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Salahuddin Khan and others and others...................Appellants Vs. Md. Abdul Hai Bahar and others………..Category: Civil Law | Date: | Hits: 86
Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
....ul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 7th March, 2007 passed by the High Court Division in Criminal Revision No.351 of 2006 making the Rule absolute. 2. Short facts as placed before the High Court Division are that the accused Md. Nazir Ah......on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......sheet against the accused, Md. Nazir Ahmed and his wife Mrs. Tahmina Akhter under sections 406/420/109 of the Penal Code and the case record was sent to the Special Metropolitan Magistrate, Dhaka for trial. The Metropolitan Magistrate, Dhaka framed charge against the accused Md. Nazir Ahmed and his ......ate Division (Criminal) Present: MM Ruhul Amin CJ Md. Fazlul Karim J Md. Joynul Abedin J Amin Mia (Md.)……………………………………...Petitioner Vs. Nazir Ahmed and another……………………...Respondent Judgment December 14, 2008. Lawyers Involv..Category: Criminal Law | Date: | Hits: 89
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....forma Defendant No.4 who by its letter dated 4.9.80 intimated the defendant No.3, the local agent of the defendant Nos.1 and 2, about the aforesaid collision and damage. The Proforma defendant No.4 also informed the plaintiff about the facts of the accident together with the loss sustained by the in......vant portion at page 32 of this book which is as follows: "The Court of Appeal affirmed the decision of Bucknill J. Greer LJ stated five rules : "I think the law arising out of what is usually called the Davies V. Mann principle may be stated as follows: (i) If, as I think was the case in ......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......h Court Division (Admiralty Jurisdiction) Present: Md. Mozammel Hoque J Sadharan Bima Corporation...................Plaintiff. Vs. Philoship Co. S A Owner of the Greek Ship M V Hios and others…………..…….Defendants. Judgment July 22, 1990. Cases Referred To- Do..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
....e of which it is authorised to take cognizance, or which has been sent to it under section 190, sub‑section (3), or transferred to it under section 191 or section 192, may, if it thinks fit, for reasons to be recorded, postpone the issue of process for compelling the attendance of the person compl...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ...... in: 44 DLR (HCD) (1992) 30. ..Category: Criminal Law | Date: | Hits: 78
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
..... I am unable to find that the suit on that date was fixed for ex parte hearing, In that view of the matter the trial Court committed a patent illegality in making the ex parte decree and for that reason it is liable to be set aside. I do not find, therefore, any cogent reason to interfere Judgment ......urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28.......r Rahman J.- By this Rule the petitioner impugns a judgment and decree passed by the Subordinate Judge, 2nd Court, Dhaka in Title Appeal No.292 of 1980 setting aside the ex parte decree passed by the trial Court on 6.11.1980 in Title Suit No.371 of 1977. 2. The petitioner instituted the aforesaid......8...Category: Procedural Law | Date: | Hits: 79
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....Both the petitioners were Ministers of the Government of Bangladesh and Members of the Parliament till the fall of the Ershad Government on 6th December, 1990 due to the movement of the people and dissolution of the Parliament. 2. In Writ Petition No.767 of 1991 at the instance of Anisul Islam Ma......Mirza, AIR 1984(SC) 681 and the proviso to sub‑section (2) of section 2 of the relevant Indian Law i.e. The Smugglers and Foreign Exchange Manipulation (Forfeiture of Property), Act, 1976 (in short called SAFEMA) which clearly provides that legal consequences such as are provided in sections 6 and......al thereafter by the order dated 20.4.91 transferred the case to the Special Tribunal No.3‑Cum Additional Sessions Judge, 2nd Court. On receipt of the case the Special Tribunal No.3 decided to hold trial of the accused petitioner in his absence and accordingly on 7.5.91 framed the following charge......sain……………………………..Petitioner (Writ Petition No.947 of 1991) Vs. The Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and another………………Respondents (In both the Writ Petitions). Judgment August 27, 199..Category: Criminal Law | Date: | Hits: 88
Mustafizur Rahman @ Mustak Vs. State, 2011, 40 CLC (HCD)
.... 2004 arising out of Daulatpur P.S. Case No.24 dated 24.11.2003 corresponding to G.R. Case No.237 of 2003 under section 19A of the Arms Act convicting the petitioner and sentencing him to suffer imprisonment for life should not be quashed. 2. Prosecution case in short is that A.S.I. Shahabuddin a......t liberty at once if not wanted in connection with any other case. Communicate the judgment to the court below at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... sheet on 28.11.2003 against the accused petitioner and 2 others under section 19A of the Arms Act. 4. Thereafter the case was transmitted to the court of Special Tribunal, Court No.1, Kushtia for trial and renumbered as Special Tribunal Case No.06 of 2004 wherein a charge was so framed against t......Bashir Ahmed, Assistant Attorney General-For the Opposite party. Judgment AKM Asaduzzaman J. - This rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order of conviction and sentence dated 30.4.2006 passed by the learned Special Tribunal, Court N..Category: Criminal Law | Date: | Hits: 68
Md. Mahmudur Rahman alias Rasel and others Vs. State, 2011, 40 CLC (HCD)
....arising out of Mirjapur P.S. Case No.02 dated 10.02.2006 under section 4(Kha) and 6 of the Explosive Substance Act, convicting the petitioners and 3 others and sentencing them to suffer rigorous imprisonment for a period of 8 years and to pay a fine of Tk. 5,000/-, in default to suffer rigorous impr......e and reduced to their sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......n 21.04.2006 under section 4(Kha) and 6 of the Explosive Substance Act against the petitioners and others. 4. Thereafter the case was transmitted to the Court of Special Tribunal No.3, Tangail for trial and renumbered as Special Tribunal Case No.16 of 2006 wherein a charge was so framed under sec......s Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 71
Md. Rahim Biswas Vs. State, 2011, 40 CLC (HCD)
.....5.94 corresponding to G.R. Case No. 47 of 1994 under section 9 of the Cruelty Woman (Deterrent Punishment) Ordinance,1983 convicting the accused petitioner and sentencing him to suffer rigorous imprisonment for 10 years with fine of Tk.1,000/- each, in default to suffer rigorous imprisonment for 3(....../- in default to suffer imprisonment for one month more. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......t) Ordinance, 1983 against the accused petitioner and his sons. 4. Thereafter the case was transmitted to the court of Special Tribunal No.3 and Additional Sessions Judge Court No.2, Jhenaidah for trial and renumbered as Special Tribunal Case No.14 of 1995 wherein a charge was so framed in absent......al-For the opposite party. Criminal Miscellaneous Case No. 8145 of 2008. Judgment AKM Asaduzzaman J.-This rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 26.6.1997 passed by the learned Special Tribunal No.3 and Additional Sessions Judge,..Category: Criminal Law | Date: | Hits: 67
Md. Ismail and others Vs. State, 2011, 40 CLC (HCD)
....e No.04 dated 06.11.2006 corresponding to G.R. Case No. 109 of 2006 under section 25(ka) of the Special Powers Act, 1974 convicting the accused petitioners and sentencing them to suffer rigorous imprisonment for 7 years with fine of Tk.1,000/- each, in default to suffer rigorous imprisonment for 3(t......rgone with fine as stated above. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......n 28.01.2007 under section 25 (Ka) of the Special Powers Act against the accused petitioners and another. 4. Thereafter the case was transmitted to the court of Special Tribunal No.4, Chandpur for trial and renumbered as Special Tribunal Case No.13 of 2007 wherein charge was so framed against the......This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 77
Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
....4.1996 passed by the learned Additional Sessions Judge, 7th Court, Dhaka in Sessions Case No.251 of 1993 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Tk. 5,000/-, in default to suffer simple imprisonment for a fu......victim was not in a condition to speak. From the attending circumstances and considering the medical report we are also of the opinion that the victim was not in a condition to speak anything. The so called dying declaration is not at all believable to us because (I) in the earliest point of time th...... examined under section 342 of the Code of Criminal Procedure. During this examination he again expressed his innocence and refused to examine any witness in his favour. 7. After conclusion of the trial the learned Additional Sessions Judge by the impugned judgment and order convicted the appella......espondent Judgment April 26, 2011. Lawyers Involved: Md. Khairul Alam-For the Appellant. Biswajit Deb Nath, Deputy Attorney General with Nizamul Hoque Nizam, Assistant Attorney General and Shaikat Basu, Assistant Attorney General -For the State. Criminal Appeal No. 427 of 1996. ..Category: Criminal Law | Date: | Hits: 73
Kalim Mollah @ Siddique and others Vs. State, 2011, 40 CLC (HCD)
.... Begerhat. 2. Prosecution case in short, inter alia, is that on 24.9.2001 one Ziaul Islam Panna lodged an FIR with the Mollahar Hat police Station alleging inter alia that FIR named all accused persons on 21.9.01 arranged a secret meeting in the house of Badhsa Sikder the President of B.N.P. Moll......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......en after laps of time for more than a year, the CID could not complete the investigation, accordingly the petitioners, who have been arrested on suspicious and are languishing in jail custody without trial, the petitioners are entitled to get benefit of section 167(5) of the Code of Criminal Procedu...... Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 80
Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
....ana J.- This Civil Petition for leave to appeal has been directed against the judgment and order dated 15.12.2008 passed by the High Court Division in Civil Revision No.1675 of 1994 making the Rule absolute by setting aside the judgment and deeree dated 02.04.1994 passed by the learned Additional ....... record of right in the names of Abdul Aziz and others was equally wrong and never acted upon. That the predecessors of the plaintiffs and pro forma defendant Nos.32-62 created and fabricated the so-called unregistered patta dated 10.05.1913. That the said so-called patta is seen to be written afte......sion in the suit tank and as such the suit filed by them is liable to be dismissed. 4. Both the parties adduced evidence, both oral and documentary, in support of their respective cases before the trial court. On consideration of those evidence the trial court found that the plaintiffs proved the......III ADC (2011) 370...Category: Property Law | Date: | Hits: 77
Md. Ashraful Islam Vs. State, 2009, 38 CLC (AD)
....sion in Criminal Appeal No.3080 of 2000 dismissing the appeal. 2. The facts involved in case, in short, are that one Majidur Rahman the then Inspector, Drug Control Directorate, Sadar Circle, Jessore (P.W.1), accompanied by Md. Abdur Rashid, the then Superintendent of the said Directorate (P.W.......stance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 354. ......uch view, the impugned conviction and sentence cannot stand in the eye of law." 5. Mr. Khandaker Mahbub Hossain, learned Counsel, appearing for the appellant has strenuously submitted that the trial Court and the High Court Division also failed to consider that unless the quantity of heroine ......ant Vs. The State………………………………………………………......Respondent Judgment August 16, 2009. Result: The appeal is dismissed. Lawyers Involved: Khandaker Mahbub Hossain, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For t..Category: Criminal Law | Date: | Hits: 80
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
....land and for a further declaration that the plaintiffs were not bound by the judgment and decree dated 15.11.1979 passed in Title Suit No.62 of 1979 by the Subordinate Judge, third Court, Dhaka and also for declaration that the kabala executed through Court on 27, 02.1980 in Title Execution Case No....... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......l No.50 of 1966 before the District Judge, Dhaka, which on transfer was headed by a Subordinate Judge, who dismissed the said appeal by his judgment and decree dated 19.07.1966 affirming those of the trial Court. Doctor Manjurul Haque and his wife filed Second Appeal No. 1095 of 1966 before the then......: VIII ADC (2011) 344...Category: Property Law | Date: | Hits: 72
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