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Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)
....ocate for the appellants, has referred before us the case of Nur Mohammad Vs. Jogendra Kumar Dutta and others, reported in 28 DLR 7 in support of his contention. The cited decision fully supports the facts and circumstances of the present case and, as such, we have no hesitation in relying on the sa...... This Case is also Reported in: 56 DLR (2004) 587. ......e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ..Category: Civil Law | Date: | Hits: 89
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
.... The appellant had explained the cause for taking the victim to Chittagong and Cox's Bazar, and under such circumstances it was obligatory on the part of the investigating agencies to ascertain those facts. The facts proved by the prosecution did not show that the appellant had any ill motive to kil......tate of Delhi, AIR 1980 SC 1341. Jail Appeal No. 62 of 2004. Judgment SK Sinha J. - This appeal by convict Hasan Rony under section 420 of the Code of Criminal Procedure is from the judgment and order of the learned Sessions Judge, Cox's Bazar in Sessions Trial Case No. 7 of 2003. The learn...... boy of Nurani Hotel, has also corroborated the testimonies of PW 1 and 7. PW 9 is the investigating officer. 5. There is no eyewitness of the occurrence and the case rests upon the circumstantial evidence as well as the confession of the appellant. The prosecution had relied upon the following c..Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....behalf, the decisions in the case of Nagina Silk Mill Vs. Income Tax Officer and others, 15 DLR (SC)181 and Begum Lutfunnessa Vs. Bangladesh, 1990 BLD (AD) 103 = 42 DLR (AD) 86 were cited. 15. The facts do not appear to be disputed. On 25‑4‑2000 the petitioner as plaintiff presented a plaint ......rt Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Abdur Rashid Chowdhury...........................Petitioner Vs. Additional District Judge and others……………Respondents Judgment October 20, 2003. Result: The Rule is made......e the defendants liable to be declared bankrupt. Hence, the suit for declaring the defendants bankrupt. 18. Same date the plaint was received and registered as Bankruptcy Suit No. 27 of 2000 as is evidenced by order No. 1 dated 25‑4‑2000. At the same time, the Court fixed 7‑5‑2000 for hea..Category: Others | Date: | Hits: 185
Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
.... the ensuing Narayangonj City Corporation Election, 2011 upon accepting his nomination paper and allocating a symbol to him for the post of Councilor for Ward No.2 of that City Corporation. 2. The facts, leading to the filing of this petition, in brief, are that the writ-petitioner submitted his ...... Md. Shamsul Huda J Md. Iqbal Hossain……………….............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives (LGRD) and others..........................Respondents Judgment October 27,......passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observation made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ..Category: Election Law | Date: | Hits: 250
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
....ommitted an illegality upon being misled and relying upon the decision in the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan reported in 17 BIT (AD) 41, which he submits is distinguishable in the facts and circumstances of the instant case. He further submits that the amended provision in sectio...... J Syed Mahmud Hossain J Md. Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J Rashedul Alam Chowdhury......................................Petitioner Vs. ASM Shahajahan and another................................Respondents Judgment October 17, 2011. Result......s and circumstances. He finally submits that the High Court Division discharged the Rule on the ground that questions of fact are involved which would be dealt with by the trial Court upon adducing evidence at the time of hearing, whereas the point raised by the petitioner is one of law as to serv..Category: Criminal Law | Date: | Hits: 75
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
.... Bench of the High Court Division in First Appeal No.154 of 2006 reversing those dated 1-6-2006 passed by the learned Joint District Judge, Second Court, Dhaka in Title Suit No.100 of 2006. 2. The facts involved in the appeal, in brief, are as follows: The plaintiff and defendant No.1 both ar...... Supreme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman All J Md. Mamtaz Uddin Ahmed J Shahid Hamid and another....................................Appellants Vs. Nilufar Momtaz and another...........vision set aside the judgment and decree of the learned Joint District Judge holding that on the plea of implied bar the plaint could not be rejected and that the suit should ordinarily be decided on evidence unless facts disclosed in the plaint provided that the suit was barred by any law. The abov..Category: Property Law | Date: | Hits: 81
....ed 26-8-2003 passed by the High Court Division in Writ Petition Nos.7127, 4560 and 4702 of 2002 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 the Rule, in brief, are:
The petitioners were employees of the ......also Reported in: 62 DLR (HCD) (2010) 1.
......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
..
Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
.... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ...... This Case is also Reported in: 50 DLR (HCD) (1998) 147. ......ptee petitioners denying the material allegations made in the petition and contending, inter alia, that the pre-emptor opposite party No.1 is not a co-sharer. 3. The trial Court on a review of the evidence allowed the Miscellaneous case and directed the pre-emptor to pay Taka 4,000.00 as improvem..Category: Property Law | Date: | Hits: 70
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. ......t High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed ABM Huq J NFM Universeum Estate Ltd. .....................Appellant Vs. ANM Obaidul Islam and others......... Respondents Judgment April 20, 2004. Result: The appeal is dismissed...... connection to the land. 9. Defendant No. 11 RAJUK also filed a written statement denying, the case of the plaintiff. It although cross-examined the witness of the plaintiff but did not adduce any evidence. It contended that the suit was not maintainable without prior notice under section 169 of ..Category: Property Law | Date: | Hits: 85
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....ed decision the decree being silent, Court held that interest is deemed to have been refused. Thus the four decisions cited by the learned Advocate for the petitioner are not very relevant in the facts of the present case. 11. The learned Advocate for the Opposite Party also cited the case ......ution Case will proceed in accordance with law. Cases Referred to- AIR 1940 (Madras) 29; AIR 1937 (Madras) 511; AIR 1931 (Madras) 650; 3 BCR 1983 (HCD) 339; M/s. M.M. Ispahani Vs. Sonali Bank and Ors., 1985 DLR (AD) 1. Lawyers Involved: Asrarul Hossain with Syed Sakhwat Ali - For petit......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....Single Bench of this Court. He was not in custody to be released on bail but again obtained the bail as a fugitive from justice which, I am constrained to hold, have been obtained by suppression of facts, the presence of which vitiates every thing obtained. The petitioners have unclean hands and......udgment February 15, 1989. Result: The Rule is discharged. Cases Referred to- Chan Shah Vs. The Crown, PLD 1956 (FC) 43; Khalid Saigol Vs. The State, 14 DLR (SC) 321; Khalilur Rahman and another Vs. The State, 33 DLR 12; Nirmal Krishna Chandra and another Vs. The State; Gendan Lal......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)
....nce Act statements made by the person to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions. But these grounds are not available in the facts and circumstances of the present case as the statement Ext.2 was made by the accused in a crim...... Vs. The State....................................Respondent Judgment November 10, 1988. Result: Cases Referred to- State Vs. Balshri Das Sutradhar, 13 DLR 289; Kalipada Nandi Vs. The State, AIR 1950 (Cal) 427; Emperior Vs. Kutub Bux, AIR 1930 Cal. 633, 634; Tamiz Mia Vs......াগটি ছাড়াইয়া লইতে পারিতেছিনা। চিঠিটি আমি দাখিল করিলাম। The Special Tribunal after consideration of the evidence on record found accused appellant M.M. Rafiqul Haider guilty of the charge leveled against ..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....d that such remittance not being a legal proceeding within the meaning of Section 4 of the President's Order No.12 of 1972 the provisions of Section 4 of the Order has no manner of application to the facts of the instant case. Where the rent remitted by postal money order within the period prescribe...... Moqbul Ahmed, Advocate - For the Respondent. Appeal from Appellate Decree No. 482 of 1975. Judgment AM Mahmudur Rahman J.- This appeal by the plaintiff is directed against the judgment and decree passed by the learned Subordinate Judge, Third Court, Chittagong in other Appeal No.3......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...Category: Property Law | Date: | Hits: 66
....recting the second party-petitioner to withdraw the impugned order of suspension dated 19.8.82 and allow the 1st party-respondent No.2 to resume his duty with back wages.
2. Shortly stated the facts of the case are that the 1st party-respondent No.2 is a cashier under the 2nd party petitioner......Writ Petition No. 471 of 1986.
Judgment
Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls into question the judgment and order dated 13.8.86 passed by the Chairman, 2nd Labour Court, Dhaka, respondent No.1, in Complai......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.
..
Category: Labour and Industrial Law | Date: | Hits: 166
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....children cannot be compensated by money. The learned Assistant Attorney General could not produce any materials regarding violation of law, rules or terms and conditions of the licence. 17. In the facts and circumstances of the case, the impugned Judgment and order passed by the Appellate Court i......reme Court High Court Division (Civil Revisional Jurisdiction) Present: Mir Hashmat Ali J Shamir Ghosh……………Petitioner Vs. Government of Bangladesh represented by the DC and others...............Opposite Parties Judgment February 17, 2004. Result: The Rule i......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)
.... back the case to him after passing necessary order regarding taking cognizance of an offence against the petitioner in the light of the observation made by him should not be quashed. 2. The short facts leading to this Rule are that, Mizanur Rahman filed a petition of complaint before the Magistr...... Vs. State………Opposite Party Judgment July 4, 2004. Result: The Rule is made absolute. Cases Referred to- Yusuf Hasan Vs. MA Rezaul Ferdous, 48 DLR (AD) 43; Abdul Matin and others Vs. The State, 42 DLR 286; Abdur Rashid Lahi Vs. Mohammad Yunus Gazi & ors, 40 DLR 42......rder. He further submits that the learned Sessions Judge is empowered to direct further enquiry when complaint against any accused is dismissed. In the instant case in spite of presence of sufficient evidence in judicial enquiry against the petitioner the learned Magistrate did not take cognizance a..Category: Criminal Law | Date: | Hits: 81
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....ion in this case is as to whether the heirs of defendant No.18 can invoke the provisions of Order 9 rule 13 of the Code or they must resort to other remedies that are available to them in view of the facts and circumstances of the case. It is now well settled that against an ex parte decree a surviv......er. Abdul Wahab Miah with M Enayetur Rahim, Advocates - For the Opposite Parties. Civil Revision No. 821 of 1996. Judgment Syed Amirul Islam J.- This Rule is directed against the judgment and order dated 12.2.96 passed by the learned Assistant Judge, Laksam Thana Assistant Judge’s Cour......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)
....arned Advocate that there are some omissions in the judgment for which it will be difficult for the petitioner to get the appropriate relief. It is submitted by the learned Advocate that the detailed facts and necessary individual decision may be given for absorption of the petitioner. 2. We have...... Bangladesh & others……………….Respondents Judgment July 1, 1997. Result: The Rule is made absolute. Case Referred To- Secretary, Ministry of Industries Vs. Saleh Ahnaed and another, BLD 1981 (AD) 91. Lawyers Involved: Azizul Hasan, Advocate - For the Petitioner. ......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. ..Category: Administrative Law | Date: | Hits: 183
.... Mouza ‘Baukhola’ was wrongly written in the aforesaid two deeds dated 7-6-79 and 2-8-79 in place of Islam Kathi Mouza.
16. The learned Advocate for the petitioner lastly argues that under the facts and circumstances, for a technical reason that the plaintiff has not filed any separate suit f......urt
High Court Division
(Civil Revisional Jurisdiction)
Present:
Kazi AT Manowaruddin J
Binode Bihari Ghose………………Plaintiff-Petitioner
Vs.
Assistant Custodian, Vested and Non-Resident Property and others……………Defendant-Opposite Parties
Judgment
January......g the deed writer and a contiguous land owner of the suit land. The defendant, on the other hand, examined only 1 witness who was the VP Tahshilder.
5. Plaintiff’s witnesses have stated in their evidence that said Pulin Behari never left for India, he executed the aforesaid 3 deeds himself, tho..
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
....ttachment before judgment dated November 27, 1995 passed by the learned Subordinate Judge, 2nd Court, Chittagong in Money Suit No.44 of 1995. 2. For disposal of this appeal, in short, the relevant facts are that the respondent-1 company is a manufacturer of various iron and steel materials of dif......ourt Division (Civil Miscellaneous Jurisdiction) Present: AM Mahmudur Rahman J Md. Nurul Islam J Nirman International Ltd…………………Appellant Vs. Islam Steel Mills Ltd. and others……………………Respondents Judgment February 5, 1997. Result: The app......material which are to be found in the affidavit filed by the party or otherwise. The Court further observed: “It is, of course, to be borne in mind that it is difficult to produce any conclusive evidence before the Court to prove the intention of a party which is secretly conceived and sought t..Category: Procedural Law | Date: | Hits: 118
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