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Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)
....ed 21-4-2003 passed by a Single Bench of the High Court Division in Civil Revision No.1097 of 1998 discharging the Rule upon recalling its earlier judgment and order dated 19-8-2002 making the Rule absolute and thereby affirming the judgment and decree dated 7-1-1998 in Title Appeal No.141 of 1...... Court, Rajshahi affirming the judgment and decree dated 24-6-1996 passed by the learned Assistant Judge, Durgapur, Rajshahi in other Class Suit No. 44 of 1993 decreeing the suit. 2. It may be recalled that by the judgment and order dated 19-8-2009 the High Court Division made the Rule absolute......tered deed of gift dated 13-7-1970 and then sold it to defendant Nos. 2-4. The purchasers have been in possession of the suit land. As such, the suit is liable to be dismissed with costs. 5. The trial Court decreed by its judgment and order dated 24-6-1996. Against the said judgment and decree,...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Mokbul Hossain Mridha and others........................Appellants Vs. Md. Shamsul Haq Sarder and others..........Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88
Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)
....r acquisition of rent receiving interest by the government Nabid Ali continued payment of rent in favour of the government for the suit land. Nabid Ali died leaving behind wife Sharfun Nessa, two sons Saleh Ahmed and Siddique Ahmed and one daughter Salema Khatun. P.S. khatian No.3345 was prepare...... with survey staff. That Nabid Ali being a mere bargadar had no title in the suit land and as such the plaintiff could not acquire any right, title and possession in the suit land by virtue of his so-called purchase from the heirs of Nabid Ali. 5. The trial court, on consideration of the eviden......had no title in the suit land and as such the plaintiff could not acquire any right, title and possession in the suit land by virtue of his so-called purchase from the heirs of Nabid Ali. 5. The trial court, on consideration of the evidence-both oral and documentary adduced by both the contesti......hamsul Huda J Chittagong Zilla Parishad represented by its Chief Executive Officer, Chittagong Zilla Parishad, Chittagong...................................Petitioner Vs. Nurul Haque and others................................Respondents Order March 19, 2012. Result: ..Category: Property Law | Date: 19 Mar, 2012 | Hits: 76
....t:
The appeal is allowed.
Following the circumstances of the case, according to the principle of law as laid down, the nature of the dispute is entirely a civil dispute and it can only be resolved by a competent civil Court.
There is no provision in the Companies Act to file any decla...... the provision of Rule 9 of the Companies Rule 2000. Rule 9 of the Companies Rule 2000, provides that:
“In all courts having jurisdiction under this Act shall be kept and maintained a book called “the Register of Company matters” in which shall be entered and numbered serially......istrict Judge, Dhaka against the defendant no. 10 for a declaration that the excess amount of money demanded by the government is wrong, unlawful and not binding upon the company. After conclusion of trial learned Additional Joint District Judge, Dhaka decreed the suit of the plaintiff. During pende......zzaman Khan………………………….....Plaintiff-Appellant
Vs.
Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other …................Defendant-Respondents
Judgment
March 19, 2012.
Resu..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
....der to avoid confusion the petitioners be described as plaintiffs and the respondents as the defendants. Facts relevant for the disposal of these petitions are as under: 3. Plaintiff’s predecessor instituted Title Suit No.189 of 1974, renumbered as Title Suit No.88 of 1999, seeking nullity of...... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ...... agreement for sale of the suit property with defendants and allowed them to continue therein. Her heirs transferred the suit property by different deeds in favour of defendant Nos.1-4. 4. The trial Court heard both the suits analogously, decreed the plaintiffs' suit and dismissed defendant's......sent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Md. Nurul Islam Khan and others...................Petitioner (In both the cases) Vs. Azizul Islam and others.....Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
.... Nur Muhmmad, 55 DLR (AD) 39; Pronoy Bhusan Bardhan Vs. The Sub-Divisional Officer, Brahmanbaria, 30 DLR (SC) 139; Anil Kumar Datta Chowdhury Vs. Province of East Pakistan (1971) 23 DLR 108; Watson and Company Vs. Ramchand Dutta and others LR 17 IA 110 ILR 18 Cal, 10. Lawyers Involved: ......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......aintiffs appellants, submits that, plaintiffs through registered instrument purchased the suit property before liberation of Bangladesh and chain of title having not been broken at any point of time, trial court ought to have decreed the suit. Learned Advocate further submits that, it is admitted po......) (2013) 124. ..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
....ddiqur Rahman Miah J Rabeya Khanam……………………….Petitioner Vs. State………………………Opposite Parties Judgment March 15, 2012. Result: The Rule is made absolute. Inherent power of the High Court Division Both section 151 of the Code of Civil Proced...... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ......Shafiqul Islam, the learned Advocate appearing on behalf of the opposite party No.2 on the other hand, submits that the ingredients of a criminal offence is required to be proved by evidence at the trial and this matter cannot be consideration for quashing the proceeding at such early stage. ......……………Opposite Parties Judgment March 15, 2012. Result: The Rule is made absolute. Inherent power of the High Court Division Both section 151 of the Code of Civil Procedure and section 561A of the Code of Criminal Procedure possess the same formula describing the inherent ..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....thout lawful authority and hence, is of no legal effect. 2. Facts, in brief, are that the petitioner is the Dhaka New Market Byaboshayee Shomittee (Dhaka New Market Shop Owners' Association) (in short, the Association) which is a registered trade organization bearing Registration......Writ Petition No.1193 of 201 Judgment Farah Mahbub J.— In this Rule, issued under Article 102 of the Constitution of the People's Republic of Bangladesh, the respondents have been called upon to show cause as to why the attempt to change the historical and approved master plan of......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ......ation…………...........Respondents Judgment March 14, 2012 Result: Rule is disposed of. Cases Referred to- Kamaluddin Vs.Secretary, Ministry of Land, Bangladesh 56 DLR (AD) 212; Omar Sadat Vs. Bangladesh 6 BLC 289. Lawyers Involved: An..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
....ars is permanent lease, as such, unless due process of law be taken the allotment can not be cancelled. Learned advocate further submits that, after getting suit plot plaintiff passed plan and also took different connections, that is, electricity, sewerage line, gas and other connection as such...... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ......e, Second Court, Gazipur, dismissing Title Suit No.4 of 2002. 2. Plaintiff's case, is that, plaintiff was allotted plot No.151 of Tongi Bangladesh Small and Cottage Industry (BSIC) Industrial Area and he installed a company under name and style, TS Enterprise and for developing the plo...... Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Noor Jahan Begum.........................Appellant Vs. Chairman, BSIC and others.................Respondents Judgment March 12, 2012. Result: The appe..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
.... of which Demarcation Case No.21/1981-82 was started and upon field measurement they got their purchased land demarcated with specific boundary. Majharul Huq and others while possessing the said land sold out total 3.51 acres of land to the plaintiff by 13 kabalas of the year 1990 and the plaintiff ......d disposal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside.
Ed.
This Case is also Reported in: 9 ADC (2012) 644.
......n started over that incident. That the plaintiff has got no right, title and possession in the suit land, rather the defendants have been possessing the this land for the last 18 years.
5. The trial court, on consideration of evidence adduced by both the parties and other facts and circumst......mud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Assistant Horticulturist Agriculture Extension Division Crop Section, Bobhanbagh Uddyan Base Police Station-Savar, District-Dhaka and others....................................Petitioners
Vs.
M. A. Sattar Bhuiyan being d..
Category: Property Law | Date: 12 Mar, 2012 | Hits: 94
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
....or encashment, but the same were dishonoured by the drawer bank due to insufficiency of fund. 2. The learned Joint Metropolitan Sessions Judge, Dhaka sentenced the petitioner to simple imprisonment for 1 (one) year in each case but awarded sentence of fine of Tk. 60,00,000 in Session Case ...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ......e in the absence of challenging the judgments by the complainant on the point of reduction of fines. 5. The High Court Division enhanced the sentences of fine and restored those of the trial Court on the reasoning that admittedly the petitioner received money from the complainant in a......b Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Shahidur Rahman Khadem...............Petitioner (In all the cases) Vs. State and others……………………….......Respondent ..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ade proforma defendant, did not appear, filed Miscellaneous Case No.455 of 2008 on 20-10-2008 under Order IX, rule 13 of the Code of Civil Procedure. Appeal was tendered on 7-1-2009. Defendant No.1 also obtained an order of stay of the execution proceedings on 20-10-2009. 3. In the application ......e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ......dant but after amendment, government became necessary party, as such, we find that learned Judge committed no illegality in allowing the Miscellaneous Case and set-aside the ex-parte decree for fresh trial of Title Suit No. 11 of 2005. We find no substance in the rule. 8. In the result, the ru...... Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Jamuna Builders Ltd....................Plaintiff-Opposite Party-Petitioner Vs. Bangladesh and others…...........Proforma-Defendant-Petitioner Opposite-Parties Judgment Marc..Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....atus of the 11 accused petitioners and b) whether the signature on the third nomination letter was a forgery…....................(24) The IO failed to examine sufficiently the relevant persons and documents pertaining to the principle legal issues of the case prior to submitting his inve......e Ministry of Establishment…(28b). The cognizance order and the charge framing order are therefore set aside for enabling further investigation, however the quashment of the proceedings is not called for, due to the allegations of creation of false documents...............(27) Lawyers In......al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ...... ..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....d of. Words and phrases Surplus public servant and চাকুরীচ্যুত কর্মচারী The term "surplus public servant" as defined in the Surplus Public Servants Absorption Ordinance, 1985 (XXIV of 1985)and the expression চাকুরীচ্যুত কর...... of the above we hold that the investigation conducted by the IO was incomplete and further investigation should be directed for securing the ends of justice. The quashment of the proceeding is not called for. However the cognizance order and the charge framing order should be set aside for enabli......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ...... & others…………………………Petitioners Vs. State………………………………Opposite Party Judgment March 4, 2012. Result: The Rule is disposed of. Words and phrases Surplus public servant and চাকুরীচ্যুত কর্মচার..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
.... to- Bangladesh Water Development Board Vs. Prakaushali, 49 DLR 335; Bangladesh Water Development Board Vs. Nasim and Brothers, 1988 BLD 369; Rajdhani Unnayan Kartipakkha (RAJUK) Vs. MN Alam and Associates Ltd., 54 DLR 161; Dhaka Leather Complex Ltd. BCIC Vs. Sikder Construction Ltd., 55 DLR 578.......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......pecial law, it cannot condone even one day if written objection/statement filed out of time, written statement having filed beyond time, as such, as per provision of article 158 of the Limitation Act trial Court ought to reject the objection in limine. 6. Section 30 of the Arbitration Act speaks,......M Syndicate & others..........................Opposite Parties Judgment March 4, 2012. Result: The rule is discharged. Arbitration Act being a special act, 30 days provision is mandatory not directory. Any appeal or objection challenging the award if filed after the period of 3..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....h J AKM Shahidul Huq J Akkas Ali Sarder…………...........Petitioner Vs. State……………………..Opposite-Party Judgment March 4, 2012. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A Inherent......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......st Ansar Sarder in this case. 5. The Rajbari PS Case No.08 dated 26-03-1993 being registered as GR Case No.54 of 1993 under sections 323/326/34 of the Penal Code was started and which was sent for trial before the learned Additional District Magistrate, Rajbari and after appearance of the accused......ed only for either of the three purposes specifically mentioned in the section which are, firstly, to give effect of any order under the code, secondly, to prevent abuse of the process of the Court and thirdly, to secure the ends of justice. What is 'inherent' is an inseparable incident of a thing..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... with its liquidation and in that view of the matter there was/is no scope to reinstate respondent No.1 to his former post in the New Nation Publications Ltd. which is admittedly non-existent. He also submits that in the ordering portion of the judgment, the Labour Court stated that the petition...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ......minal Revision No.811 of 1995 discharging the Rule and directing the Second Labour Court, Dhaka, respondent No.2, for proceeding with Criminal Case No.1 of 1994 under sections 54 and 55 of the Industrial Relations Ordinance, 1969 (in short, the Ordinance) now pending in the said Court. 2. The......ahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Barrister Mainul Hosein......................................Petitioner Vs. Md. Ali Hossain and another................................Respondents Judgment March 4, 2012. Result..Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
....inal Appeal No.165 of 2005 dismissing the appeal with modification of sentence finding the appellant-petitioner guilty under section 147 of the Penal Code and sentencing him to suffer rigorous imprisonment for 2 (two) years and to pay a fine of Tk.2000/-, in default to suffer rigorous imprisonment......ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......ence shaky. He submits that the prosecution was not able to prove the place of occurrence beyond reasonable doubt. He also points out that the tribunal did not examine the accused properly during the trial drawing his attention to/pointing out the main incriminating evidence against the accused wh......, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Not represented-For Respondent. Criminal Petition for Leave to Appeal No.32 of 2010. (From the judgment and order dated 22nd October, 2008 passed by the High Court Division in Criminal Appeal No.165 of 20..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
....s alias Ronju…………………Petitioner Vs. The State…………………....................Opposite Party Judgment February 29, 2012. Result: The Rule is made absolute. Lawyers Involved: No one appears - For the Petitioner. Mrs. Syeda Rabia Begum......ed 22.4.1998 and after investigation submitted charge sheet on 8.12.1998 against all the accused under sections 10(2) and 14 of the Nari-o-Shishu Nirjatan Damon (Bisheh Bidhan) Ain, 1995 (hereinafter called the Ain). 4. The case, after being ready for trial, was sent to the Nari-o-Shishu Nirjat......et on 8.12.1998 against all the accused under sections 10(2) and 14 of the Nari-o-Shishu Nirjatan Damon (Bisheh Bidhan) Ain, 1995 (hereinafter called the Ain). 4. The case, after being ready for trial, was sent to the Nari-o-Shishu Nirjatan Damon Tribunal, Moulvibazar and was registered as Nari......245 of 2005. Judgment Md. Ruhul Quddus J.- This Rule at the instance of a convict was issued on an application under section 561A of the Code of Criminal Procedure for quashment of judgment and order dated 26.5.2003 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Moulvibazar in Nari-S..Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
....e plaintiff filed Miscellaneous Case No.7 of 2000 under section 114 of the Civil Procedure Code seeking review of that judgment stating, inter alia, that in that suit the plaintiff claimed interest also as provided in section 47B of the Insurance Act but the court, though decreed the suit, but omitt......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......terest @ 5% above the bank rate for the period from the date of accident to the date of realization. The defendant Sadharan Bima Corporation contested that suit by filing written statement. The trial court, on consideration of the evidence adduced by both the contesting parties, and other fact......Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J M/s. Sadharan Bima Corporation.........................Petitioner (In both the cases) Vs. United Fish Exports Limited and others.................Respondents (In both the cases) Judgment February 26, 2012. ..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
....th and Family Welfare, Bangladesh Secretariat,
P.S. Shahbag, Dhaka, Bangladesh and others………......
Respondents.
Judgment
February
19, 2012.
Result:
The Rule is made
absolute.
Lawyers Involved:
Manzill
Murshid, Advocate-For
the petitioner.
Abdul Bas......in opposition under which this money is realized. However he admitted
that there is no legislative authority to back up this realization.
For us, the only question is whether realisation of
so-called user fees at the public hospitals are within lawful authorities.
22. It transpires from ......e made absolute without any order on
costs. The authorities are directed to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
...... Reported in:
..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
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