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Sonali Bank Ltd. Vs. Md. Nur Habib Bappi and others, 2009, 38 CLC (AD)
.... Case No.103 of 1994 against Zaman Textile Mill, the judgment debtor, for realisation of the decretal amount and then in the said execution case several auction notices were published for selling the properties which were mortgaged by the judgment debtor as security for the loan and then in pursuant......l Haque J Surendra Kumar Sinha J Sonali Bank Ltd. represented by the Assistant General Manager, Bogra Corporate Branch...................................Petitioner Vs. Md. Nur Habib Bappi and others...............Respondents Judgment December 14, 2009. Lawyers Involved: A.K.M.......7.2007 the learned Additional District Judge, Bogra, who heard the above appeal, allowed the same holding that the acceptance of the bid of the respondent No.1 treating the same as highest bid was illegal and directed the executing Court to accept the offer of the respondent No.4 treating him as th..Category: Civil Law | Date: | Hits: 89
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....in an earlier case it had decided that it had got jurisdiction to intervene under Article 102(2) of the Constituting "whenever it finds the process of a Court of law is abused and or misused in a properly constituted petition". In arriving at such conclusion the High Court Division quoted the ...... J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Anti Corruption Commission represented by it's Chairman, Head Office-1, Segunbagicha, Dhaka and another ..................................................Petitioners Vs. Md. Enayetur Rah......ariful Islam there and on query he told that the writ petitioner Md. Enayetur Rahaman was the owner of the said vehicle. The law enforcing agencies thereupon directed the writ petitioner to produce legal documents in support of the ownership of the said vehicle imported by the Member of Parliament..Category: Anti-Corruption Laws | Date: | Hits: 214
....strict Judge, Chittagong, decreeing the suit of the plaintiff in Money Suit No. 968 of 1984 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper.
2. The present opposite parties as plaintiff filed a Money suit against the present petit......Case is also Reported in: 16 BLC (2011) 909. ......ted earlier by this Court stands vacated.
Send down the lower Court records and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 16 BLC (2011) 909. ..
Category: Admiralty Law or Maritime Law | Date: | Hits: 307
Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)
.... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ......ion (Special Original Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Hoque J Abdul Majid……………………………...............Petitioner Vs. Local Government and Co-operative Ministry & 4 others …......Respondents Judgment February 22, 2009. ......trative Tribunal as the schedule to the Administrative Tribunal Act, 1980 does not contain the statutory public body বগুড়া পল্লী উন্নয়ন একাডেমি. The same legal aspect was also noted in the judgment dated 10-6-2006 passed by the Administrative Tribunal (A..Category: Employment/Service Law | Date: | Hits: 64
Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)
....ned none in this case. 5. The defence plea is that the accused is innocent and has been falsely implicated in this case and no arms was recovered from his possession. 6. The trial Court without proper appreciation of the evidence on record and misconception of the relevant law convicted the ac...... Advocate-on-Record-For the Appellant. None represented- the Respondent. Criminal Appeal No.11 of 2006. Judgment Md. Shamsul Huda J.- This criminal appeal is directed against the judgment and order dated 14.1.2004 passed by the High Court Division in Criminal Appeal No. 2114 of 1998 dism......ments, rendering the prosecution case doubtful and shaky. 11. Both the courts below did not consider the evidence on record in its true perspective and thus the impugned judgment has suffered from legal infirmities. 12. In such view of the matter we find substance in this appeal. The appeal is..Category: Criminal Law | Date: | Hits: 76
....ondents by Agrani Bank but in complete disregard and disrespect to the said order Agrani Bank published auction notice dated 2.3.2007 in the Daily Ajker Kagoj for auction of the petitioners mortgaged properties whereupon the petitioner filed Writ Petition No.2431 of 2007 before the High Court Divisi......
Md. Tafazzul Islam J
Md. Joynul Abedin J
Md. Abdul Matin J
Qamruzzaman Shah……………………………………..Petitioner
Vs.
Government of the People's Republic of Bangladesh and another…………..Respondents
Judgment
October 20, 2008.
Lawyers Involved:
T.H. K......7 of the High Court Division passed in Writ Petition No.4031 of 2007 rejected the writ petition summarily.
2. Facts, in brief, are that the petitioner filed the above writ petition challenging the legality and propriety of the action of the respondents Nos.2 and 3 to file Artha Rin Suit No.22 of ..
Category: Civil Law | Date: | Hits: 77
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....Dhaka and the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka as proforma-defendants. The suit is valued at Tk. 1,65,00,000 and it is stated in the plaint that schedule property was allotted by erstwhile DIT in favour of defendant No.1 vide allotment letter No. DIT/Gul......ppellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J MA Hashem.........................................................Appellant Vs. Shamsul Kabir Humayun Reza and anothers.............Respondents Judgment February 10, 2011. Cases Referred to- Ejha......plan of Gulshan Residential Model Town, the quantum of land is more or less 1(one) bigha, 1 (one) katha, 14(fourteen) chattaks, on 21-3-1962 to Shamsul Kabir Humayun Reza. To grab this land through legal process 3(three) suits have been filed, first of which is Title Suit No.51 of 2004 was filed b..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....8. In his cross-examination he admitted that on the alamat there was no special mark of identification. 59. P.W.21 Shamsul Hoque, who submitted the charge-sheet in his deposition stated that after proper investigation he submitted the charge sheet and seized the various alamats during investigati......Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abu Tariq J M Enayetur Rahim J State.............................................Appellant Vs. Shahin and others..…………………………….Condemned-Prisoners Judgment November 2, 2010. ......but the learned Sessions Judge without giving any cogent reason took cognizance against Lebu Miah along with other accused persons in a lump and mechanically and as such the trial of Lebu Miah is illegal and without jurisdiction. 10. Mr. Rehan Hossain, learned Advocate with Ms Asma Akhtar appea..Category: Criminal Law | Date: | Hits: 76
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....r voidable against me plaintiff: (ii) the plaintiff may reasonably apprehend serious injury by the instrument being left outstanding, and (iii) in the circumstances of the case the Court considers it proper to grant relief of preventive justice. Relief as to cancellation of instrument is founded upo......ivil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Most. Shamsunnahar and Others……………………Appellants Vs. Abdul Mannan and Others…………………...... collusion with the scribe included excess area of land in the deed, that the plaintiff has failed to prove that the defendants have obtained the deed by practicing fraud and that he has not produced legal evidence to ascertain the real intention of the parties in executing the disputed deed. 12...Category: Property Law | Date: | Hits: 49
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....polios officer manufactured the case against the appellant and no arms or ammunition was recovered from him. The seizure list has not been prepared in presence of seizure list witnesses, which is not proper and in compliance of Section 103 of the Code of Criminal Procedure. 10. The deposition of ......s - For the Appellant. Farhad Ahmed, Deputy Attorney General- For the State. Criminal Appeal No. 1078 of 1997 (An appeal under Section 30 of the Special Powers Act, 1974 against the judgment and order of conviction and sentence dated 01.06.1997 passed by the Special Judge, Court No. 3, Jhen......charges against the accused appellant. The prosecution has been able to prove that the accused appellant Shahin Alam had exclusive possession and effective control over the seized unauthorized amid illegal arms and ammunitions being proved by cogent and reliable evidence beyond all reasonable doubt ..Category: Criminal Law | Date: | Hits: 56
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
.... 2007, now pending in the Court of Special Judge, Court No. 7, Shere-E-Bangla Nagore, Dhaka should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of this rule are that, one Mr. Ashraful Islam, Assis......ssain Humayun, Senior Advocate with Md. Khairul Alam, Advocate - For the petitioner. S. K. Zahid Sarwar, Deputy Attorney General with Md. Aminur Rahman Chowdhury (Tiku), Assistant Attorney General and Monzu Naznin (Rosy), Assistant Attorney General - Opposite Party No.1 (State). Md. Khurshid A......dated 17.03.2008, accorded by the A.C.C. in this case, is absolutely lawful and the same was accorded after proper application of mind to the facts and circumstance of this case. Hence, there is no illegality in launching the prosecution solely against the accused petitioner and the Rule issued in t..Category: Criminal Law | Date: | Hits: 111
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
....ssed by the Senior Assistant Judge, Laksham, Comilla in Miscellaneous Case No.67 of 1983 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Sona Mia, the predecessor of the opposite party Nos.1(a) to 1(ka) as petitioner filed ...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Delwar Hossain J Wahed Ali............................... Petitioner Vs. Sona Mia being dead his heirs Md. Lai Miah and others..........Opposite parties Judgment October 13, 2009. Lawyers Involved: Sarder...... Mia filed the case for preemption of the case land measuring 0.0450 acres of the same Khatian No.448 though there was no wife named Sabani Bibi of Late Rangu Mia. But both the Courts below most illegally found said Sabani Bibi as the wife Late Rangu Mia and on her transfer to Sona Mia, he becam..Category: Property Law | Date: | Hits: 91
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....pposite party filed Title Suit No. 30 of 2000 in the Court of learned Assistant Judge, Patharghata for declaration of title and for partition. 3. That the suit was filed on the allegation that the property appertaining to Petty Settlement Khatian No. 176 of Mouza Patharghata, Police Station Patha......d. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......ghing and scrutinizing the evidence came to his finding in reversing the Judgment and decree passed by the trial Court. The learned appellate Court while weighing the evidence committed no error or illegality in his finding as such the finding and decision in reversing the Judgment and decree of the..Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....e as to why the impugned order dated 4.5.92 framing charge against the accused petitioner should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Though in the prayer portion of the application the order framing charges on both the ......site Party Judgment September 23, 1992. Cases Referred to- Saber Ahmed Vs. Manzur Mia ad others, 35 DLR 213; State Vs. Md. Safikul Islam, 40 DLR 310; 17 DLR (SC) 26; Sheikh Mujibur Rahman and another Vs. State, 15 DLR 549; Nazir Hossain Shah Vs. State, 17 DLR (SC) 26; Nazir Hossain Shah ......shad, wife of the accused petitioner, is the Chair Person and the accused Mr. SM Rahmatullah, the then Chairman, DIT (RAJUK) in collusion with each other helped the aforesaid accused persons to get illegally the lease of the land in their favour and thereby helped Janata Publishers Ltd. and its Dire..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
.... (Upazila Finance Officer) was directed to hold the enquiry, which was held in due course and a report was submitted (Annexure 'C'). The said report found the allegations to be false and the election properly held. Thereafter at the instance of some interested parties the Election Commission dire......Court High Court Division (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Mamtajul Karim……………Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment June 17, 1993. Case Referred to- Aftaf ...... enquiry which was held by the Upazila Nirbahi Officer himself. The UNO in his report came to the finding that there was a disturbance and interruption during the voting in that ward. Based on this illegal report the Election Commission illegally and without any jurisdiction issued an order which ca..Category: Election Law | Date: | Hits: 122
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
....he learned Advocate for the petitioners, submits that the impugned order was passed on wrong conception of law. By denying to add the petitioners as parties the trial Court has excluded necessary and proper parties from appearing in the suit. In their absence there will be no effective and proper ad......ower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......r being added as parties it will affect their title and also the result of Title Suit No.52 of 1987. The petition was rejected by the learned Additional Assistant Judge on the ground that there is no legal basis for adding the petitioners as parties. 7. Being aggrieved by the order the petitioner..Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....fine of Taka 3,000/- each, in default, to suffer rigorous imprisonment for 3 months more each should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule may be, briefly, stated as follows: On 04.......ury J Md. Nazrul Islam Talukder J Rajab alias Rajab Ali…………………………………………Petitioner (In Criminal Miscellaneous Case No.10991 of 2010) Sajal alias Md. Sujan Miah and another…………..Petitioners (In Criminal Miscellaneous Case No.10714 of 2003) Vs. The......sion of rape, they left her near the temple. However, the informant disclosed this matter to the local elites for salish but the convict-petitioners exerted intimidation and threat to her not to take legal action against them. Hence, the FIR was lodged under sections 457/363/376/34 of the Penal Code..Category: Criminal Law | Date: | Hits: 86
Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
....dant in the suit land has been admitted by the P.W. Nos.2 and 3 as evidenced from their respective depositions and thus the suit is barred under Section 42 of the Specific Relief Act for want of proper prayer for consequential relief in the suit. On appeal, in Title Appeal No.7 of 2005, the pla......e High Division Judgment here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Kulsum Banu Bibi and another…………………………………..Petitioners Vs. Abdul Jobbar Bhuiyan and ......ion and without considering the fact of compromise petition filed by the plaintiff No.2 who admitted the right, title and interest and possession of the defendant in the suit land, decreed the suit illegally relying on a decree passed in Title Suit No.78 of 1988. 5. Being aggrieved the defendant-..Category: Property Law | Date: | Hits: 94
Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......ul Amin CJ Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J BK Das J Bangladesh……………………………………Petitioner (In both the cases) Vs. Goutam Kumar Saha and others……………...Respondents (In Civil Petition No.2382 of 2009) Md. Abdul Gaffar Chow......round of "public interest" is against fact and the orders of retirement have been passed mala fide and that the impugned order as passed by the Assistant Inspector General of Police is "ex-facie” illegal and void and without lawful authority" inasmuch as only the Government is competent to pass su..Category: Employment/Service Law | Date: | Hits: 47
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
.... the other hand, Mr. Tufailur Rahman, the learned Advocate appearing for the plaintiff-opposite party supports the impugned judgments of two Courts below which were according to him just, correct and proper. The learned Advocate in the course of his argument after placing the deposition of PWs. and ...... Kumar Agarwal, Advocates………..For the Petitioner. Md. Tufailur Rahman with Jamaluddin Ahmed, Advocates……..For the Opposite Party. Civil Revision No. 2342 of 2004 (From the judgment and decree dated 24.4.2004 passed by the District Judge, Narayangonj in Money Appeal No. 2 of 2002.)...... not maintainable in its present form and manner; that the suit is barred by law of limitation and the allegation for causing loss amounting to Tk. 1,56,569.38 is not only unspecific also without any legal basis and as such the suit is liable to be dismissed. 5. At the trial both the parties led ..Category: Civil Law | Date: | Hits: 97
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