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NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......was then renumbered as aforesaid title Suit No. 137 of 1997. 3. Plaint case, in short, is that the suit land along with other land of CS Plot No. 158 originally belonged to one Abdul Kader and the record of rights were finally prepared and published in his name in CS khatian No. 4. Then, by a reg......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ..Category: Property Law | Date: | Hits: 85
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......nsure, so far as may be, the due administration of justice in the individual case, but also to preserve the due course of procedure generally." 14. In the instant case from an examination of the record it is seen that after the complaint, cognizance having been taken, an order was passed agai......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
.... which was attested by informant Inspector P.W.1 Saifuddin Ahmed. Appellant's statement Ext.2 was also attested by informant P.W.1, P.W.2 M. Shamsuddin Molla prepared the detention Memo of the seized goods. P.W.1 Saifuddin Ahmed lodged typed F.I.R. Ext.3 on 30.5.86 at 21.45 hours at Cantonment P.S. ......f the Special Powers Act, 1974 and section 8(1) of the Foreign Exchange Regulation Act. 3. The case was then sent to the Sessions Judge and Ex-Officio Special Tribunal, Dhaka who received the case record on 4.11.86 and took cognizance of the offence on the same date and transferred the case to ......cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......emitted by postal money order within a fortnight of the date on which rent so remitted is returned to the tenants by the postal authorities as undelivered. In the instant case there is nothing on the record to show that the defendants remitted the arrears rent within the time prescribed in section 1......as defendant No.5 was their partner in the business. The notice under section 106 of the Transfer of Property Act was neither tendered nor they refused to accept the same and as such there was no service of notice determining the tenancy. The plea of bona fide requirement of the premises was f..Category: Property Law | Date: | Hits: 66
....e respondent No.2 had been serving at Ralli Press House, Khulna he made some false and fictitious vouchers for payment to M/S. Linker Enterprises a carrying contractor for their work of carrying jute goods of the petitioner-corporation. The respondent No.2 made vouchers for Tk. 12,032/- and showed t......9.8.82.
We, therefore, find no ground for interference.
In the result the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 265.
......ion (2).
17. It appears that on inquiry the respondent No.2 was found guilty of the charge of misconduct but he was not punished under sub-section (1) of Section 17, i.e. he was not dismissed from service. Therefore he is entitled to his wages for the period of suspension for enquiry and the Labo..
Category: Labour and Industrial Law | Date: | Hits: 166
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....of Rule 22 of Bangladesh Cinematography Rules, 1972 without any show cause and without any valid grounds and hence the plaintiff prayed for temporary injunction on the ground that the plaintiff has a good prima facie case. Moreover, the balance of convenience and inconvenience are in favour of the p...... temporary injunction came up for hearing before the Court of learned Senior Assistant Judge, Sadar, Kishoregonj and after hearing the learned Advocate of the parties and considering the materials on record the learned Senior Assistant Judge, Sadar, Kishoregonj was pleased to allow the application f......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ..Category: Property Law | Date: | Hits: 62
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ......at prima facie case against the petitioner, who allegedly served poison-mixed rice to the deceased was made out; but no cognizance was taken against her. The learned Magistrate on receipt of the case record from the learned Sessions Judge took cognizance of the offence against the petitioner recordi......titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ..Category: Criminal Law | Date: | Hits: 81
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....t as of right pursue any claim which a deceased man had, which death had prevented him from pursuing” and their Lordships further observed that the decision reported in (1899) 21 All 274 is no more good law in view of the provisions of section 146 which was clearly enacted to cover a case like thi......with other defendants namely, defendant Nos. 12-17, jointly fuel a written statement in order to contest the suit but during the pendency of the suit he died in 1984 and his heirs were not brought on record by the plaintiff petitioner at any point of time and subsequently the preliminary decree was ......the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140...Category: Procedural Law | Date: | Hits: 67
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
....nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......ent of the People’s Republic of Bangladesh being confronted with the stupendous task of restructuring the Government machinery and re-organisation of its staff including the fresh appointees in the service of the Republic by the Mujibnagar Government, commonly known as Mujibnagar Employees, which ..Category: Administrative Law | Date: | Hits: 183
.... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134.......stated in the plaint that in the SA Khatian the suit land was in the name of the Pulin Bihari Paul, the vendor of the plaintiff. And after the said purchase plaintiff’s name was duly mutated in the record of right and since then he had been regularly paying rent to the Government. The plaintiff th...... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134...
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
....nsisting of different sizes and respondent supplied the same and the appellant acknowledged the receipt of the materials. The appellant used to make part payment of bills while taking delivery of the goods and assured payment of the outstanding balance. The respondent 1 entered the amounts towards p......various banks for collection in consideration of their granting overdraft and credit facilities is not liable to be attached. 6. Mr. Rafique-ul Huq, on the other hand, argued that the materials on record are sufficient for making the order under appeal in the background of the conduct of the appe......outstanding dues in writing. As the appellant did not pay the amount the respondent 1 filed the suit for recovery of 7,86,28,200.35 on 1-1 1-95. The suit was registered and the Court passed order for service of fixing 1-7-96. 3. After institution of the suit the respondent 1 filed an application ..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....arned Advocate appearing for the opposite parties, submitted in support of the impugned order reading the findings of the Appellate Court below that it has rightly passed the impugned order finding a good prima facie and arguable case and he cannot further improve the case of the plaintiff-opposite-......., Narayanganj Vs. Yakub Mia, reported in 7 DLR 606. 10. Perused the revisional application, the counter-affidavit, the affidavit-in-reply, the Annexures, the impugned order and other materials on record of the case and heard the learned Advocates of both the sides at length. 11. For the conve......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545...Category: Civil Law | Date: | Hits: 74
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......5, sub‑section (1) clause (b) or clause (c) which appears to have been committed in or in relation to a proceeding in that Court, such Court may, after such inquiry, if any, as it thinks necessary, record a finding to that effect and make a complaint thereof in writing signed by the presiding offi......he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ..Category: Criminal Law | Date: | Hits: 82
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....tiff had done some non-tender works, namely, MS grills for windows, collapsible gate, sanitary, electric works, earth development, painting, etc. Even after the defendants received the works done and goods delivered by the plaintiff, the learned Subordinate Judge erred in law in refusing decree for ......en contract. There must be approval for work. Measurement Book is the final document of work done. The Measurement Book of Mahabubur Rahman was lost. In the measurement book No. 574 pages 1 to 30 was recorded by said Mahabubur Rahman as per specification. Signature of Mahabubur Rahman appeared to be......d the tender schedule and without the approval of the Hospital authority the plaintiff was not entitled to any decree for such extra work. 12. Secondly, he submits the hospital was constructed for service to the poor and distressed people but ultimately, the hospital had to be transferred to the ..Category: Civil Law | Date: | Hits: 99
....ve his possession within twelve years before the institution of the suit."
22. From a reading of the above quoted decision together with the facts and circumstances of the case, we find there is a good deal of substance in the contention raised by Mr. Mahbub Ali, the learned Advocate for the plai...... namely DW-2 and also exhibited documents namely, Ext. "Ka" and "Kha" to fortify his case. The learned Additional District Judge, Sylhet upon hearing of the appeal and on considering the materials on record by the impugned judgment and decree dated 3.02.2003 dismissed the appeal and affirmed the jud......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49...
Category: Property Law | Date: | Hits: 64
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......ld not be satisfied from the answer of the said captain. 3. It is further stated that the informant lodged the complaint to the Metropolitan police commissioner, Chittagong on 09.02.2004 which was recorded as GD Entry No.390 at Patenga police station; that the informant got a postal message regar......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..Category: Criminal Law | Date: | Hits: 76
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......ch person. 46. It appears from the news published in daily Ittefaq dated 11.11.2008 which shows that Anticorruption Commission filed 26 cases against 40 offender all of them from Chittagong Court, record of which has been called for by the Truth Commission and as such the commission acted and int......1) The Non-Party Care-Taker Government shall discharge its functions as an interim Government and shall carry on the routine functions of such Government with the aid and assistance of persons in the service of the Republic; and, except in the case of necessity for the discharge of such functions it..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....le that if large number of persons are present at the time of place of occurrence, prosecution is bound to call and examine each and everyone of persons present at the time of occurrence. There is no good reason for castigating the prosecution for not examining more or all witnesses to speak about t......peal No.446 of 1999 before High Court Division. In appeal Babul will be described as convict-appellant. 3. Appeal was heard by a Division Bench of High Court Division. Dissenting Judgment had been recorded by learned Two (2) Judges. One learned Judge allowed the appeal and acquitted convict-app...... 16. PW 7, a Inspector of Police laid charge sheet on completion of investigation. 17. Convict-appellant has highlighted lot of grievances in bringing home contentions. Contentions pressed into service are catalogued thereunder: I. Search and seizure as required to be made in compliance wit..Category: Criminal Law | Date: | Hits: 84
Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)
....ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ......refore, the Court of appeal below rightly reversed the order of trial Court which calls for no interference by this Court. 6. In order to appreciate their submissions I have gone through the record and given my anxious consideration to their submissions. 7. The point for considerat......ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ..Category: Family Law | Date: | Hits: 171
.... controversy lies in the understanding of legal effect of hypothecation.
40. Hypothecation is a variant of the system of pledge. Pledge is defined by section 172 of the Contract Act as bailment of goods as security for payment of a debt or performance of a promise. The Civil law recogises two kin...... witness nor adduce any evidence. The plaintiffs' documents were marked as Exhibits 1 to 11 those of defendant Nos, 1 and 2 as Exhibits 'Ka' to 'Dha'.
13. On the evidences, oral and documentary on record the learned Subordinate Judge found that the plaintiffs were entitled to get 4380 MT of scrap......redit through said bank. As per terms, they paid at the margin of 35% of the price while the bank 65%. After arrival of transformer, the plaintiffs paid entire price of the transformer along with all service charges and got delivery of the transformer but the bank debited their account Taka 2,44,013..
Category: Civil Law | Date: | Hits: 92
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