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Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
.... 1989 SC 1642) and GB Mahajan Vs. Jalgaon Municipal Council, 1991 (3) SCC 91; AIR 1991 SC 1153, UK Salasabil vs. Shams Corporation (Pvt) Ltd. and others, 37 DLR (AD) 117, K N Guruswami Vs. State of Mysore, PLD 1956 (Supreme Court India), 52, M/s Hossain Ahmed Vs. M/s H D Hossain and others, 32 DLR (......It has been further stated that the petitioner company have incurred expenses to an amount of Tk. 40 lacs in preparing the tender. 8. On 17th April, 1992 the General Manager of the Bangladesh Bank called an advertisement to be published in the Bangladesh Times as "International Tender Notice" inv......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134.......rt High Court Division (Special Original Jurisdiction) Present: Anwarul Hoque Choudhury J KM Hasan J Agragami Engineers Ltd.....................Petitioner Vs. Bangladesh Bank and others…………………Respondents Judgment November 17, 1992. Cases Referred To- ..Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....ocked by the Chamber (Judge). This process, according to him, was started from the time of Moyeen's Chamber Judges which process has continued till now. The judgments of the High Court Division are also being affronted childishly, According to him, nobody has shown audacity to criticise the highest ......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......me Court and the High Courts. There are many kinds of contempt's. The Chief forms of contempt are insult to Judges, attacks upon them, comment on pending proceedings with a tendency to prejudice fair trial, obstruction to officers of Courts, witnesses or the parties, abusÂing the process of the Cou...... in: 8 LG (AD) (2011) 122. ..Category: Criminal Law | Date: | Hits: 124
Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)
....d Judgments. We do not find any substance in the contention raised. The High Court Division upon correct assessment of the materials on record arrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case i......rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ......eventually sent to the Metropolitan Sessions Judge and it were registered as Sessions Case Nos.1899 and 1901 of 2009. Before the learned Additional Sessions Judge with whom the cases were pending for trial, the petitioner filed applications under section 265C of the Code of Criminal Procedure for di...... (Criminal) Present ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Sarwar Hossain Moni..........................................Petitioner (In both the cases) Vs. State and another.............................................Respondents (In both the cases) Judgment ..Category: Criminal Law | Date: | Hits: 118
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
.... 2. Facts, in short, are that respondent Nos.1 and 2 as plaintiffs brought Title Suit No. 211 of 1981 for declaration that the alleged deed of gift is illegal, void and has been made upon false personation only to deprive the plaintiffs of their lawful properties and, as such, the defenÂdant Nos......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......Against the ex-parte decree, the defendÂant No.1 preferred Title Appeal No. 38 of 1991 before the learned District Judge, Brahmanbaria, who allowed the appeal and sent the case back on remand to the trial Court for hearing afresh. Subsequently, the said suit was transferred to the Court of Senior A......ase is also Reported in: 16 BLC (AD) (2011) 62. ..Category: Property Law | Date: | Hits: 75
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... by the Government, the respondent No. 1, under Memo No. 11‑1/86/230 dated 5.6.86 (Annexure 'H') whereby the settlement of certain lands granted to the petitioner by the Deputy Commissioner, Bhola, sometime in 1951, was cancelled and the Deputy Commissioner, Bhola, was directed to take steps for r......86/438/1(3) dated (Annexure 'J) whereby an application for review filed to the Government by the petitioner for reviewing the order contained in the memo first above mentioned was rejected, have been called in question. 2. The facts leading to this Writ Petition are somewhat lengthy. 3. It is ......sional application was filed before the High Court Division of' the Supreme Court. This revisional application was allowed Setting aside the abatement order and the suit was restored and remanded for trial to the Court of the Subordinate Judge, Bhola, and it was then re‑numbered as Title Suit No. ......Roy Chowdhury J Naimuddin Ahmed J Saifur Rahman………………………………………………..Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land AdministraÂtion and Land Reforms, DhaÂka and others…………………..Respondents. Judg..Category: Property Law | Date: | Hits: 63
Bashi alias Bashir and another Vs. The State, 1990, 19 CLC (HCD)
....although section 30 prescribes 30 days for filing an appeal from an Order of the Special Tribunal his clients are entitled to get the benefit of section 5 of the Limitation Act. Mr. Elahi relied upon some decisions of Indian Jurisdiction. In those decisions section 5 of the Limitation Act was not co......lahi Baksh, I am constrained to hold that contention of Mr. Elahi is of no substance. Accordingly, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 209.......lahi Baksh, I am constrained to hold that contention of Mr. Elahi is of no substance. Accordingly, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 209.......ejected. Ed. This Case is also Reported in: 43 DLR (1991) 209...Category: Procedural Law | Date: | Hits: 76
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
..... The defendant No. 1 was the acting Head Cashier of the said branch and was in charge of the cash kept in the branch. It was a part of his duty to keep the cash, enter it in the Vault Register and also to have the key of the vault in order to open the vault takeout the cash when needed. On inspecti......nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......ho caused shortfalls and defalcation in his service earlier. The plaintiff should not have added this defendant No. 3 in this suit which is liable to be dismissed against him with costs. 6. At the trial the learned Subordinate Judge framed the following issues: 1. Is the suit maintainable in i......nur Reza Chowdhury J Abdul Awal Mia (Md.).................Appellant Vs. Sonali Bank & others.................Respondents. Judgment May 28, 1990. Cases Referred to- Messers Chand Oil Mills Vs. Haji M Muhammad Zakaria & Co. & 2 others, PLD 1958 Kar. 510; Md. Ibrahim V..Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....estraining the defendants from treating the suit property as vested property contending, inter alia, that the suit property originally belonged to one Nilmony Saba Banik who died leaving behind him 3 sons namely, Ranga Lal Saha Bank, Ram Krishna Saba Banik and Satya Narayan Saba Banik; that Ranga La......red to attend, and also whether his attendance is required for the purpose of giving evidence or to produce a document, or for both purposes; and any particular document, which the person summoned is called on to produce, shall be described in the summons with reasonable accuracy." Rule 8 "Eve......f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ......is also Reported in: 43 DLR (1991) 196. ..Category: Property Law | Date: | Hits: 78
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....ourt shall have no jurisdiction to entertain the same. In reply, the learned Advocate for the opposite party contends that the statutory period of six months limitation as provided in the second proviso to section 4(2) of the Act having elapsed long before the incorporation of the bank n the Schedul...... the Administrative Tribunal would be incompetent to entertain any case unless it is filed before it within six months from the date of the impugned order and as in the instant suit the plaintiff has called in question the order of his termination which is dated 17.9.81, that is, 4 years before the ......on the point pending adjudication. In the circumstances I am not inclined to allow the petitioner to argue it at this stage, particularly when the suit has been sent back to the Trial Court for fresh trial observing the following: "The matter was decided at the stage of fixing peremptory hearing ...... Court High Court Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Choudhury J Deputy General Manager, Rupali Bank Ltd............Petitioner Vs. Shah Jalal and others.......................................Opposite‑Parties. Judgment May 15, 1990 ..Category: Employment/Service Law | Date: | Hits: 64
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....nt opposite party No.1 to show cause as to why the proceeding of P. Case No.765a/1985 under sections 499/500 of the Penal Code pending in the Court of the learned Chief Metropolitan Magistrate, Dhaka so far as it relates to the accused petitioner should not be quashed. At the time of issuance of the......of his or her professional duties, he or she does not come within the mischief of the offence of defamation. In practice, however, an Advocate is entitled to special protection, and if an advocate is called in question in respect of defamatory statements made by him or her in the course of his or he......incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ...... High Court Division (Criminal Revisional Jurisdiction) Present: Muhammad Ansar Ali J Kazi Ehadul Hoque J Sigma Huda ............................Petitioner Vs. Ishfaque Samad and others..........Opposite Parties Judgment January 17, 1993. Cases Referred To- Balkr..Category: Family Law | Date: | Hits: 192
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....d Tenancy Act against the pre‑emptee purchaser and petitioner in this revision petition and other opposite parties alleging, inter alia, that the case land belonged to opposite parties 4 and 5, who sold the same to the opposite parties 1‑3 by a kabala dated 27.4.73. The pre‑emptor claims that ......tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127.......o be dismissed and an omission to record a finding to this affect in such a circumstance cannot be a ground for dismissal of the pre‑emption case. 17. In the written statement filed before the trial Court and in the appeal before the lower Appellate Court no specific allegation has been made ......Vs. Promode Ranjan Das & others…………………Opposite Parties Judgment May 7, 1992. Cases Referred To- Abdur Rahman @ Abdul Rahman Vs. Mokles Ali, 31 DLR (AD) 118; Nayeb Ali and others Vs. Akhtar Rahman and others, 29 DLR 153; Matiur Rahman Vs. Md. Iman Ali @ Md. Iman Miah ..Category: Property Law | Date: | Hits: 72
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....recovery of khas possession on the averment that the suit plot along with other lands originally belonged to Budhu Majhi in rayati right and his name was correctly recorded in CS Khatian. Budhu Majhi sold the suit plot along with other lands to Haji Marart Ali Bepari by a registered kabala dated 13.......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123....... measuring an area of 1.97 acres converted into SA Plot No.17 and was recorded in the name of Haji Maran Ali Bepari vendor of the plaintiff. 4. Plaintiff opposite party filed an application in the trial Court under Order 6 rule 17 of the Code of Civil Procedure on 3.8.89 for amendment of the plai......ferred To- Alokeshi Banik Vs. Aftabuddin, PLD 1963 Dhaka 87; M/s. Bangladesh Rubber Industries Vs. Lutfunnessa, 1983 BLD (AD) 220; Shamsul Huque alias Ratan Mia Vs. Shaukat Ali alias Babul Bhuiyan and others, BCR 1985 (AD) 4538 DLR 265. Lawyers Involved: Mahammadullah, Advocate ‑ For the ..Category: Property Law | Date: | Hits: 79
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....ion) Rules, 1983 a new centre was opened at Khanebari Primary School by splitting up Chinamura High School centre taking away 1631 voters to the new centre out of 2746 voters of the said centre. He also alleged that on the date of election the muscle‑men of opposite Party No.1 being armed with var......ver, concurred with its view that the splitting up of Chinamura centre was in violation of rule 6 (IA) of the Union Parishad (Election) Rules, 1983. 7. Feeling aggrieved the returned candidate has called in question the propriety of the order of the learned District Judge only so far as it relate......he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ......asem Talukder...............Petitioner Vs. Shamsul Hoque Shawdagar…………………Opposite Parties Judgment May 20, 1991. Case Referred To- Laizu Begum Vs. Election Commission and others, 42 DLR (AD) 180. Lawyers Involved: M Faruque, Advocate ‑ For the Petitioner. ..Category: Election Law | Date: | Hits: 129
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....assed by the Special Tribunal Judge, Court No. 10, Dhaka in Special Tribunal Case No. 255 of 1991 convicting the appellant under section 19A of the Arms Act and sentencing him to suffer rigorous imprisonment for 10 years. 2. Prosecution case as made out by the informant P.W.1 Md. Abed Ali, SI of ......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......ound at the instance of any party should be allowed to inconvenience witnesses. After the amendment of the Code of Criminal Procedure by adding section 339B the Court is competent to proceed with the trial in the absence of any accused person who is either absconding or absenting after his productio......‘ For the State. Criminal Appeal No. 2097 of 1991. Judgment Kazi Ebadul Hoque J.- This appeal at the instance of the convict‑appellant Mahbubur Rahman Khan is directed against the judgment and order dated 2.11.91 passed by the Special Tribunal Judge, Court No. 10, Dhaka in Special Tribuna..Category: Criminal Law | Date: | Hits: 75
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....in the case of Lala Jairam Das Vs. King Emperor 72 IA 121 (19944-45) held in this respect: "The scheme of Chapter XXXIX is that sections 496 and 497, provide for the granting of bail to accused persons before trial, and the order sections of the Chapter deal with matters ancillary or subsidiary t......ections 496 and 497 of the Code and involves no widening of the scope of the power given by section 498 as compared with its extent under the former sections. Indeed, such an order might be eminently called for, in certain circumstances of grave character, affecting the liberty of a citizen." 20.......of Lala Jairam Das Vs. King Emperor 72 IA 121 (19944-45) held in this respect: "The scheme of Chapter XXXIX is that sections 496 and 497, provide for the granting of bail to accused persons before trial, and the order sections of the Chapter deal with matters ancillary or subsidiary to that provi......Present ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J State...................................................................Petitioner Vs. Md. Monirul Islam alias Nirab and others..................Respondents Judgment January 5, 2011. Cases Referred To- L..Category: Criminal Law | Date: | Hits: 89
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....e of Contract for the reconveyance of the suit land in the 1st Court of Munsif, Kushtia against the defendant‑petitioner alleging, inter alia, that the suit land belonged to Atiar Rahman, the minor son of the plaintiffs, the plaintiff No. 1 took a loan of Tk. 400.00 from the defendant and executed......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......83...Category: Property Law | Date: | Hits: 74
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....rred to- H K Saya & Co. Vs. Wazir Ali Industries Ltd. and Habib Bank Ltd. 21 DLR (SC) 50; Sm. K. Ponnalagu Ammal Vs. The State of Madras, 1953 Mad. 485; Province of Bombay Vs. WI Automobile Association, 1949 Bom. 141. Lawyers Involved: Mustafa Niaz Muhammad, Advocate ‑ For the Appel......ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181....... allowed the appeal on the ground that the Trial Court decreed the suit during the war of liberation and the decree was hit by Bangladesh Legal Proceedings Order, 1972 and remanded the suit for fresh trial with a direction to issue summons upon the defendant No. 2 the only heir of the deceased Nirod...........................Appellant Vs. Hari Pada Parial & others............Respondents. Judgment July 22, 1990. Cases Referred to- H K Saya & Co. Vs. Wazir Ali Industries Ltd. and Habib Bank Ltd. 21 DLR (SC) 50; Sm. K. Ponnalagu Ammal Vs. The State of Madras, 1953 Mad. 485; P..Category: Property Law | Date: | Hits: 69
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
....uted land described in the plaint schedule situate at Trishal Upazila and as such the suit is not maintainable in the Court falling within the jurisdiction of Bhaluka Upazila Munsif. A petition was also filed on behalf of the plaintiffs on 20.9.86 asserting that the suit is maintainable and it can v......ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168.......led the petition at a belated stage on the date of hearing of the suit when hazira of the witnesses were filed on behalf of the plaintiff‑petitioners; only to cause delay in disposal of the suit on trial and harassment to the plaintiff‑petitioners. The learned Advocate has further pointed out th...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Zahir Sheikh.......................................Petitioner Vs. Md. Yakub Ali and others......................Opposite Parties. Judgment January 3, 1990. Lawyers Involve..Category: Procedural Law | Date: | Hits: 102
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....h the petition. The receipt must show that such deposit was actually made by him either in the Sonali Bank or a Government Treasury or Sub‑Treasury under the head mentioned in rule 12(5). It must also show that it has been made in favour of the Returning Officer and it has been made as security fo....... The election Tribunal took the view that there has been a substantial compliance with the rule and accordingly overruled the objection, by an order dated 27.9.88. Being aggrieved the petitioner has called in question the legality of the order in this Rule. 3. Appearing on behalf of the petition......e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166.......urt Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Abdul Kader (Md.).......................................Petitioner Vs. Md. Abdul Rafi Prodhan and other.................Opposite Parties. Judgment June 20, 1989. Cases Referred to- ..Category: Election Law | Date: | Hits: 130
Kadu and others Vs. State, 1990, 19 CLC (HCD)
....wards their houses with arms in their hands. PW 4 Biddya Miah, PW 5 Bisha Miah, PW 7 Bakshu Bibi, PW 9 Abdur Rashid and others carried injured Asak Ali to his house where he succumbed to his injuries some time thereafter. PW 1Taleb Hossain heard about the occurrence from PWs 2,4, and 6 and lodged th....... It has been established by the evidence of PW 3, that Asak Ali was murdered on 26th Chairtra, 1381 BS as alleged by the prosecution and this is not disputed by the defence. The material point which called for determination is whether the appellants or any of them committed the said murder in furth......Siddique, Magistrate 1st Class, Netrokona held an enquiry under Chapter XVIII of the Code of Criminal Procedure (since repealed) and he committed the appellants to the Court of Session to stand their trial for the offence under sections 302/34 of the Penal Code. The accused‑appellants were put on ...... This Case is also Reported in: 43 DLR (1991) 163. ..Category: Criminal Law | Date: | Hits: 74
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