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Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....tution of the said Association by reversing the Order No. 4 dated 20‑9‑03 passed by the learned Senior Assistant Judge, Sadar, Dinajpur in Other Suit No. 142/03 should not be set aside. 2. The facts leading to issuing the Rule, in short, inter alia, is that the opposite parties as plaintiffs ......Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......e Appellate Court below gave its above findings on disputed and controversial issues involved in the suit pending hearing, on the affidavits filed by some members of the Samity and without taking any evidence which is thus, not sustainable in law. Those findings also tantamount to disposal of the su..Category: Civil Law | Date: | Hits: 74
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....d and enjoyed. Not only that the complaint against the petitioner to the Criminal defendants already transferred the building may be Court concerned with the land at about Taka 21,00,000. 2. Short facts relevant for the purpose of the case are that, Pubali Bank as plaintiff instituted Artha Rin A......inate Judge rightly found that the plaintiff against the order dated 10‑1‑2001 passed in had done works beyond the tender, which the Miscellaneous Case No. 1 of 1999 sending a defendants received and enjoyed. Not only that the complaint against the petitioner to the Criminal defendants already t...... before such Magistrate or if the alleged offence is non-bailable may, if it thinks necessary to do so, send the accused in custody of such Magistrate, and may bind over any person to appear and give evidence before such Magistrate. 7. Now, the only question that calls for our consideration is wh..Category: Criminal Law | Date: | Hits: 82
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J AKM Shahidul Hoque ...............................Appellant Vs. Deputy Commissioner and others ....................Respondents Judgment August 3, 2003. Result: The appeal i......l to the defendant No. 16 Executive Engineer. Before taking any measurement Assistant Engineer Mahabubur Rahman died. Assistant Engineer Mr. Nazrul Islam then took final measurement, which would be evidenced from pages 42 to 132 of the measurement book, Exhibit 7. On 19‑12‑92 Nazrul Islam prep..Category: Civil Law | Date: | Hits: 99
....he impugned judgment and decree of affirmance dated 3.02.2003 passed by the learned Additional District Judge, 3rd Court, Sylhet in Title Appeal No.332 of 2001 should not be set-aside.
2. Material facts of the case as necessary for disposal of the Rule are that the opposite party Nos.1-5 as plain......azzam Husain J
Government of Bangladesh, represented by the Deputy Commissioner, Sylhet..................Defendant No.1-Appellant-Petitioner.
Vs.
Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others................Plaintiff- Respondent-Opposite parties.
Judgment
August 19, 2010.
...... exhibited a series of document in support of their right, title in the suit land while the only contesting defendant No.1 examined one witness namely DW-1.
5. The trial Court after closing of the evidence and hearing argument of the parties by his judgment and decree dated 8.11.2001 decreed the ..
Category: Property Law | Date: | Hits: 64
Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)
....2003 with Criminal Miscellaneous Case No. 2663 of 2003. Judgment SM Dastagir Husain J.- Two Rules were heard analogously as they arise out of the same FIR and involved common question of facts and are disposed of by one judgment. 2. These Rules are directed against the proceeding in ......s also Reported in: 57 DLR (2005) 166. ......rosecution case. In this case whether other co-accused had any role in the transaction or whether they abetted the principal offenders are the questions involved which can only be decided on taking evidences. Therefore, we are not inclined to quash the proceeding at this stage. Accordingly, the Ru..Category: Criminal Law | Date: | Hits: 93
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....Case No.268 of 2004 now pending in the Court of Metropolitan Magistrate, which allowed the Naraji petition and directing the RAB for further investigation of the case should not be quashed. 2. The facts relevant to dispose of the Rule, in short, is that Advocate Md. Siraj filed a complaint petiti......me Court High Court Division (Criminal) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Mosharaf Hossain Sukani………………………Petitioner Vs. The State and another……………………Opposite parties Judgment June 3, 2009. Result: The ......claiming 200 cores taka against MV Banga Biraj, her master the accused No.1 Captain AM Nasim Khan and in that case the deceased was one of the witnesses and the informant apprehends that to avoid the evidence of that case, the victim has been murdered in a pre-planned way. 5. The Chief Metropolit..Category: Criminal Law | Date: | Hits: 76
Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)
..... Judgment Md. Awlad Ali J.- This Rule arises out of an order dated 5‑8‑03 passed by the Judge of the Artha Rin Adalat Khulna in Miscellaneous Case No.47 of 2003. 2. Briefly stated, the facts are that the respondent No.2 Islami Bank instituted Title Suit No.33 of 1993 for realisation o......on (Special Original Jurisdiction) Present: Md. Awlad Ali J Md. Emdadul Huq J Mollah Shabidul Islam…………………………………….....Petitioner Vs. Md. Monsur Rahman and others.......................Respondents Judgment January 3, 2005. Result: The Rule ......he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ..Category: Civil Law | Date: | Hits: 61
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....ming exoneration. 32. Further, commissions established under the 1956 legislation are deemed as civil Courts, albeit for the non-penal purposes, for which they may be created and would forward the facts constituting an offence to a magistrate but not try the case itself nor award any penalty such......al Original Jurisdiction) Present: Mir Hashmat Ali J Shamim Hasnain J Adilur Rahman Khan, son of Dr. Ashequr Rahman Khan, House No.35 (Ground Floor), Road No.117, Gulshan, Dhaka-1212 and others………………….Petitioners Vs. Bangladesh, Represented by the Secretary, Pres......sion and the object of the legislation of the Commission are self and Voluntary Disclosure of Corruption. In any civilized country it can not conceive that a person took bribe for huge amount, but no evidences are forth coming to prove the offences. The persons who committed the offence are coming t..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....r a person is in possession of anything is whether he is in general control of it. "Possession" is expressed in Corpus Juris Secondum 72 CJS 233 in the following terms: "The closest relation of facts which can exist between a corporeal thing and the person who possesses it implying an actual p......diction) Present: AK Badrul Huq J Babul..............................Appellant Vs. State..............................Respondent Judgment August 14, 2002. Results: Appeal stands allowed. Case Referred to- Kanta Proshad Vs. State, AIR 1961 Allahabad 438. Lawyers I......oving the charge levelled against convict-appellant. 6. In approaching and answering to the question posed, prosecution case projected in First Information Report and unfurled at the time of trial evidences, materials brought on record, fact and circumstances and contentions advanced, legal debat..Category: Criminal Law | Date: | Hits: 84
Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)
....ose of dated 05-04-2009 passed by learned Assistant Judge and Family Court No.15, Dhaka, directing the custody of children to plaintiff for ten days in Family Suit No.08 of 2009. 2. Material facts are that on 15-01-2009 maternal grandfather of children as plaintiff instituted Family Suit No.....................Opposite party Judgment February 7, 2010. Result: The Rule is disposed of. Lawyers Involved: Mrs. Fauzia Karim Firoze, Advocate with Mr. Md. Tashaddak Hasan, Advocate and Mr. Khandaker Aminul Haque, Advocate − For the petitioner. Mr. Yusuf HossainHumayun, Advoca......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
....d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
.......
This Case is also Reported in: 56 DLR (2004) 530.
......were entitled to?
12. In support of their respective cases plaintiff and defendant Nos. 1 and 2 examined one witness each. Defendant Nos. 3 and 4 however did not examine any witness nor adduce any evidence. The plaintiffs' documents were marked as Exhibits 1 to 11 those of defendant Nos, 1 and 2 ..
Category: Civil Law | Date: | Hits: 92
Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
....r submits that the Court below misconstrued the law and fact and accordingly, observed in the earlier order that the certified copy will be sufficient to prove the plaintiffs case on the basis of the facts and circumstances of the case, such observation is not tenable in law. 9. No one appeared o......er as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ..Category: Civil Law | Date: | Hits: 75
....se why the amount of Taka 100.53 added as VAT to petitioner’s Telephone Bill of October, 1994, should not be declared to have been made without lawful authority and is of no legal effect.
2. The facts, as stated in the petition, in short, are that the petitioner who is a Senior Advocate of this......Court
High Court Division
(Special Original Jurisdiction)
Present:
KM Hasan J
Md. Tafazzul Islam J
Dr. Ahmed Husain……………Petitioner
Vs.
Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others…………Respondents
Judgment
November 12, 1997.
Re...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
..
Category: Fiscal/Taxation Law | Date: | Hits: 138
Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ion in Civil Revision No. 2819 of 1994 which was affirmed by the Appellate Division of the Supreme Court of Bangladesh on 29‑2‑2000 in Civil Petition for Leave to Appeal No. 79 of 1996. 2. The facts leading to the issuance of the Rule, in brief, are: Ruhini Kanta Lahiri Chowdhury was the o...... costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ......h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ..Category: Property Law | Date: | Hits: 67
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....the compensation as was already awarded. It did not even raise objection to the quantum of compensation. In the circumstances, the instant suit cannot be barred under the section. 22. Next, in the facts and circumstances of the case, we find the observations of the learned Joint District Judge th..............Respondents Judgment October 22, 2003. Result: The appeal is allowed. Lawyers Involved: Subrata Chowdhury, Advocate ‑ For the Appellant. Mahbubay Alam with AM Aminuddin and Samarendra Nath Biswas, Advocates ‑ For Respondent No. 1. Firojur Rohman, Assistant Attorne......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ..Category: Property Law | Date: | Hits: 61
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....s 464/465/467/468 /469/471/109 of the Penal Code, against one who had used a photo copy of a document alleged to be forged in a proceeding under sections 406/420 of the Penal Code. 3. The relevant facts are, that the petitioner No. 1 on 13‑10‑1999 filed the CR Case No. 183 of 1999 against the......so Reported in: 56 DLR (2004) 519. ......r section 471, section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in such proceeding, except on the complaint in writing of such Court, or of some other Cour..Category: Criminal Law | Date: | Hits: 94
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....4, which granted temporary injunction restraining the defendants from sending names of the plaintiffs to the Bangladesh Bank for publication in the CIB (Credit Information Bureau) report. 2. Short facts for disposal of the appeal are that on 31‑8‑04 respondent No.1 Messrs Beximco Holding Comp......This Case is also Reported in: 57 DLR (2005) 154.......1‑12‑03. 18. IFIC Bank also did not produce any paper or document in support of such claims. Who of the plaintiffs or defendants are correct could only be decided at the trial of the suit upon evidence. But the question remains for answer, whether in view of the written objection that the pla..Category: Civil Law | Date: | Hits: 71
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......(2005) 148. ......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
....e of any irregularity or embezzlement of the fund by any member, he shall be in a position to exercise his discretionary power whether or not legal action should be taken against him under law in the facts of the given case, whatever act the petitioner had committed were in the conduct of the busine......rst information report with the Gulshan Police Station against the petitioner alleging, inter alia, that on 16-2‑2002 he had misappropriated Taka 1,80,000, that during the period between 2‑9‑96 and 5‑6‑2000 he had misappropriated Taka 6,51,015 by withdrawing from the bank and that a portio......uments, observed that besides the said amount of Taka 1,80,000, which he had withdrawn as additional allowance, the petitioner had also withdrawn Taka 6,51,015 which was required to be ascertained on evidence and that the dispute did not cover the provisions of the Co‑operative Societies Act. The ..Category: Criminal Law | Date: | Hits: 89
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....ent of his arrear salaries. The learned Advocate further submits that rule 6 of the Company Rules provides that this Court has inherent power under the Company law to pass an appropriate order in the facts and circumstances of a case. Mr. Nabi then submits that as soon as the petitioner received t......Court High Court Division (Original Civil Jurisdiction) Present: Syed Amirul Islam J SMA Matin Sarker.............................Petitioner Vs. Bangladesh Jute Mills Association and another...................Respondents Judgment March 28, 2004. Results: The applicat......xecutive. Ultimately, his services were terminated on 30th September, 2002 without assigning any reason whatsoever and he was asked to collect his dues from the Accounts Section of the Association as evidenced by Annexure 'A' to the application. It is stated that as soon as the aforesaid letter was ..Category: Employment/Service Law | Date: | Hits: 144
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