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Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....hmed reported in 37 DLR (AD) 27 this Court held that when Arbitration proceeding continued beyond 4 months with parties raising no objection, the conclusion is that the party concerned has waived its right. In view of the above, we find no substance in the submissions of the learned Advocate for ......vernment of Bangladesh Vs. Jalaluddin Ahmed, 37 DLR (AD) 27. Lawyers Involved: Syed Mahbubar Rahman Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 642 of 2007. Judgment Mohammad Fazlul Karim J.- This petition for lea......above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ......ndatory provisions of Section 3 of the Arbitration Act; that the finding of the High Court Division as to the points of limitation is perverse in view of the evidences and materials on record and the trial Court as well as the Court of Appeal below after appreciating the evidences and materials on r..Category: Property Law | Date: | Hits: 30
Giyash Uddin Vs. Martuza Bibi and ors., 2010, 39 CLC (AD)
.... also from obstructing the plaintiffs from construction of the same and Title Suit No.17 of 1992 was filed by the plaintiff petitioners against the plaintiffs of Title Suit No.14 of 1992 for easement right over the path way described in the schedule to the plaint with a prayer for removing the obstr......: Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. (In both cases) Not represented- the Respondents. (In both cases) Civil Petition for Leave to Appeal No. 856 & 857 of 2006. Judgment Md. Abdul Matin J.- Both the Civil Petiti......below on proper assessment of evidence causing no failure of justice. We find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316.......plaintiff usually uses the passage on the southern side of their homestead at dag No.7112 for coming and going to public road. The plaintiff has got no right of easement over the suit land. 9. The trial court dismissed the suit and the appellate court reversed the finding of the trial court and t..Category: Property Law | Date: | Hits: 33
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....Khalilur Rahman, learned Advocates, refuting the submission of Mr. Mahmudul Islam, have submitted that after the acceptance of the Advocate Commissioner’s report, the objecting parties had/have the right to challenge the said order before this court by filing revisional application as no appeal li......Assistant Judge, 4th Court, Dhaka in Title Suit No. 62 of 1996 should not be set aside and or pass such other or further orders as to this Court may seem fit and proper. 2. Short facts, necessary, for the disposal of the Rule are that the opposite party as plaintiff filed Title Suit No. 306 of 19......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......ka, 2nd Court was re-numbered as Title Suit No. 43 of 1991. 3. The present petitioner and the opposite parties Nos. 1, 2 and 25 contested the suit by filing separate written statement. 4. The trial Court on conclusion of the hearing of the suit by the judgment and decree dated 25-8-91 decree..Category: Property Law | Date: | Hits: 32
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
....and did not make any default. Since the respondent Nos. 8 and 9 being the buyers in this case defaulted to pay for those shares the petitioner is not entitled to the payment of the outstanding amount right away till the injunction against DSE is removed and it is in a position to take appropriate ac......kaging Limited through respondent No. 6, Trusty Associates Company Limited, Member No. 162, Dhaka Stock Exchange, respondent No. 5, at a price of Taka 1,10,90,870 at the rate of Taka 180.11 per share for which respondent No. 6 as broker received Taka 22,181.74 as brokerage from the above sale procee...... his foregoing submissions, Mr. Rashid vehemently contends that the instant writ petition is not maintainable, inasmuch as the DSE is not a “person performing any functions in connection with the affairs of the Republic or of a local authority” within the meaning of Article 102(2) of the Constit...... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66...Category: Business or Commercial Law | Date: | Hits: 210
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....was awaiting for discharge of the cargo at Barisal Port, Barisal, Being aggrieved and apprehensive, the plaintiff-petitioners filed the instant suit, praying, inter alia, for a declaration of their right of charter of the above noted cargo vessels and for compensations for Taka 26,00,000 They also......Rahman, Advocate‑ For the Petitioner. Khan Saifur Rahman, Senior Advocate‑ For Respondent No. 1. Admiralty Suit No. 12 of 2001. Judgment A B M Khairul Haque J.- This is an application for an order of mandatory injunction, praying for recovery of possession of the vessel MV. Hemayetud...... prayer of the plaintiffs, by an order of ad-interim injunction, the defendant was restrained from taking over the possession of the third vessel, namely, MV. Hemayetuddin, because it was felt that a fair and substantial question as to the rights and obligations of the parties has to be decided and ......he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....er acquired title by said deed and also found the petitioner in possession of the suit land but due to some misconception dismissed the suit. On such merit of the case of the parties, the trial Court rightly dismissed the suit of Kalimullah. But in appeal the appellate Court without considering the ......ashid J.- This order will dispose of both the Rules. Earlier Rule arises out of Title Suit No. 50 of 1990, which was re‑numbered as 26 of 1992, Opposite Party No.1 Md Kalimullah instituted the suit for declaration that the registered deed of lease being No. 5679 dated 18‑5‑65 executed by his f......of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49....... perpetual injunction. 3. Both the suits were tried together, one set of evidence was led by the parties. Both the parties examined equal number of 5 witnesses and adduced number of documents. The trial Court dismissed both the suits on contest. Two appeals were preferred therefrom by both the pa..Category: Property Law | Date: | Hits: 27
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....stances of the case and see if the petitioner has been able to bring home her allegation. The petitioner claims to be the original allottee of the case shop and there is a dispute over the possessory right of the shop. The case of the petitioner is that she got allotment of the shop from the Corpora......of 1999. 2. The relevant facts may briefly, be stated as follows: That the present petitioner as plaintiff instituted Title Suit No. 91 of 1999 in the 4th Court of Subordinate Judge, Dhaka praying for a declaration of title in respect of the suit shop i.e. shop, No. 180, Kaoran Bazar, (first floo......here is no other mode which is not open to the objection of arbitrariness, and which can be brought to bear upon the subject. I say that a Judge should be most careful to see that the cause cannot be fairly prosecuted to a hearing unless this extreme mode of dealing with persons brought before him o...... The petitioner also filed an application for temporary injunction under Order XXXIX rules 1 and 2 read with section 151 of the Code of Civil Procedure with a prayer for ad-interim injunction but the trial Court by order dated 18‑5‑1999 rejected the prayer for ad interim injunction against which..Category: Property Law | Date: | Hits: 34
Bhola Vs. State, 2001, 30 CLC (HCD)
....Ali. He found the following injuries: 1. One incised wound measuring 2½ "X" bone cutting deeper on the left fr6nt to parietal region of the head. 2. One incised wound 2"x1” scalp deep on the right side of the fore‑head just above the right eye brow. 3. One ecoymaysis 1”x1” on the m...... by the learned Sessions Judge, Sherpur in Sessions Case No. 40 of 1990 convicting the appellant and others under sections 302/34 of the Penal Code and sentencing them to suffer rigorous imprisonment for 30 years and to pay the fine of Taka 10,000, in default to suffer rigorous imprisonment for 5(fi......amination she stated that her husband married again one Lutfunnessa who is a resident of Haluaghat though she was not divorced by her previous husband. She did not know whether her husband had love affairs with her or not and Lutfunnessa was married forcibly. It was not a fact that her brother‑in......under sections 302/34 of the Penal Code. 3. The police investigated the case and submitted charge‑sheet against the convict appellant and three others under the aforesaid sections of law. During trial charge was framed under section 302/34 of the Penal Code. 4. It appears that the convict ap..Category: Criminal Law | Date: | Hits: 41
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....the learned Additional Attorney-General, appears to have no substance, particularly in view of the aforementioned position in the same legislation. Citing examples to explicit expression, Mr. Huq has rightly referred to two other similar legislations. One of which is available in Martial Law Order N...... Criminal Miscellaneous Case No. 3875 of 2007. Judgment Nozrul Islam Chowdhury J.- On 29-3-2007 this application under section 498 of the Code of Criminal Procedure with a prayer for anticipatory, bail was placed before this Court in connection with GR Case No.8 of 2007 arising ......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......in the said Rules and submits that the expression কোন আদালত বা ট্রাইবু্যনালে" as employed in the said sub-rule 1 of Rule 19 Ka and Kha refers only to the trial Court or the tribunal as the case may be or, in other words, the offences contemplated under t..Category: Criminal Law | Date: | Hits: 50
Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)
.... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ...... about the legality of order dated 24-10-2001 passed by the Senior Assistant Judge and the Court of Small Causes, Sadar, Mymensingh in Small Causes Court Suit No. 13 of 2000. 2. Facts relevant for disposal of the Rule are as under. 3. The petitioner as plaintiff instituted Small Causes...... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ......ed the prayer of defendant and stayed the SCC suit till disposal of the Partition Suit No. 8 of 1999. 8. Section 10 of the Code of Civil Procedure provides that no Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a prev..Category: Property Law | Date: | Hits: 37
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....r and the same was corroborated by PW 2 who found that victim in nude condition beside the pond. He lastly submits that the learned Judge of the trial Court after considering the evidence on record rightly convicted the appellants which calls for no interference by this Court. In support of his co......nvicting the appellants under section 4(c)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (hereinafter referred as Ordinance 1983) and sentencing each of them to suffer imprisonment for life and also to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6(six) ......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......ee days. After recovery she lodged the first information report. 3. Police after investigation submitted charge sheet against the appellants. 4. Eventually the appellants were placed on trial in the Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Jessore to answer the charge under section..Category: Criminal Law | Date: | Hits: 82
....ntiffs have been possessing the suit land but the SA Khatian was wrongly prepared in' the name of defendant Nos. 3, 5, 6 and father of defendant No. 4, namely, Kritiram Mandal, The defendants have no right, title, interest and possession in the suit land. Defendant Nos. 1-3 most illegally included t......For the Petitioners.
Rabiul Alam Chowdhury Advocate—For the Opposite Parties.
Civil Revision No. 4063 of 2000.
Judgment
Quamrul Islam Siddiqui J.- This Rule was issued on an application for revision made by the plaintiff-petitioner under section 115(1) of the Code of Civil Procedure (t......le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
......t Nos. 1-3(a) and the documents adduced by the defendant Nos. 1-3 were marked as Exhibit Nos. Ka and Kha series. The documents adduced by defendant No. 4 were marked as Exhibit Nos. A-B(l).
8. The trial Court decreed the suit On an appeal therefrom at the instance of the contesting defendants the..
Category: Property Law | Date: | Hits: 27
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
..... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ......003 dismissing the appeal and affirming those dated 30-1-2003 passed by the learned Assistant Judge, Dakope, Khulna, in Title Suit No. 87 of 2000 decreeing the suit. 2. Short facts necessary for disposal of the Rule are, that admittedly the suit property belonged to Chandi Charan Roy who di....... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ......eed. Both the Courts below have committed an error of law resulting in an error in the decision occasioning a failure of justice in decreeing the suit and also in maintaining the decree passed by the trial Court. I find merit in the Rule. 18. In the result, the Rule is made absolute, however,..Category: Property Law | Date: | Hits: 34
....to ensure fair justice but the provisions in the 1976 Ordinance do not provide reasonable opportunity to the delinquent to defend himself in the proceeding which is clear violation of the fundamental rights guaranteed under Articles 27, 29 and 31 of the Constitution. There is no guideline as to whic......e without lawful authority and to be of no legal effect and why the respondents should not be directed to allow the petitioner to continue in service with all benefits.
2. The short facts relevant for the purpose of the case are, that the petitioner after obtaining the graduation degree in 1997, ......d. Abdul Matin J
ATM Fazle Kabir J
Amirul Islam (Md)……………………………………………………Petitioner
Vs.
Bangladesh represented by the Secretary, Ministry of Home Affairs and others…. ……….Respondents
Judgment
May 15, 2006.
Cases Referred To-
Go......ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258...
Category: Employment/Service Law | Date: | Hits: 67
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....oney on this and that plea and thus he committed the offence of criminal breach of trust by misappropriating Taka 38,00,000. He further submits that learned trial Court as well as the appellate Court rightly passed the conviction and sentence which calls for no interference and, as such, the Rule sh......y Metropolitan Magistrate, Dhaka in GR Case No. 166 of 1995 and TR No. 42 of 2000 corresponding to Mohammadpur PS Case No. 48(01)95 sentencing the appellant-petitioner to suffer rigorous imprisonment for total period of 10(ten) years along with fine of Taka 10,000 in default to suffer simple impriso......once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......tted charge-sheet against accused Md. Nazir Ahmed and his wife Mrs. Tahmian Akhter under sections 406/420/405 of the Penal Code. Case record was sent to the Special Metropolitan Magistrate, Dhaka for trial. Metropolitan Magistrate, Dhaka, framed charge against accused Md. Nazir Ahmed and Mrs. Tahmin..Category: Criminal Law | Date: | Hits: 40
Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......n, Advocate—For the Opposite Parties. Criminal Miscellaneous Case No. 18733 of 2006. Judgment Sharifuddin Chaklader J.- This Rule, at the instance of the accused petitioner, is for quashment of the proceeding of Metro Sessions Case No. 984 of 2006 under section 138 of the Nego......lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......oney, 3. The complainant was examined and usual notices were issued. The accused petitioner appeared and was enlarged on bail. The learned Judge on getting, the case record, on transfer, for trial, enlarged the accused petitioner on bail, on 8-112006. Thereafter, the accused petitioner ob..Category: Criminal Law | Date: | Hits: 50
Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....the preemptor challenged such fact of getting back of possession. 13. Mr. M Amirul Islam, learned Senior Advocate on behalf of the preemptor however, submitted that the court of appeal below rightly found the story of reconveyance was nothing but a colourable showup and mere paper transacti...... judgment and order dated 28-2-05 passed by the District Judge at Sunamgonj in Miscellaneous Appeal No. 12 of 2000, which reversed those dated 29-2-2000 of the trial Court and allowed the application for preemption. 2. Opposite Party No. 1 on or about 13-2-96 made an application under secti......d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ...... the Code of Civil Procedure against the judgment and order dated 28-2-05 passed by the District Judge at Sunamgonj in Miscellaneous Appeal No. 12 of 2000, which reversed those dated 29-2-2000 of the trial Court and allowed the application for preemption. 2. Opposite Party No. 1 on or about..Category: Property Law | Date: | Hits: 28
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....gion 4" x 1" x bone deep. 4. One incise wound on the left cheek 4" x l/2" muscle deep. 5. One incised wound on the left ear 4" x 1/2w " x muscle deep. 6. One incised wound on the right side of man-dipolar region-1" x 1/2" x bone cut. 7. One incised wound on the right shou...... Jail Appeal No. 926 of 1996 Judgment SK Sinha J.- These appeals arise from a judgment of the Additional Sessions Judge, 2nd Court, Mymensingh in Session Case No. 139 of 1987 and therefore, these appeals are disposed of by this judgment. 2. Appellants Khalilur Rahman and Ayub ......lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......nd Court, Mymensingh in Session Case No. 139 of 1987 and therefore, these appeals are disposed of by this judgment. 2. Appellants Khalilur Rahman and Ayub Ali along with 8 others were put on trial before the learned Additional Sessions Judge, Mymensingh to face charge under sections 302 and..Category: Criminal Law | Date: | Hits: 38
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
.... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ......Kamal, Attorney-General with Saifuddin Md. Aminur Rahim, Deputy Attorney-General— For the State. Criminal Revision No. 231 of 2003. Judgment SK Sinha J.- This Rule at the instance of the informant Md. Moezuddin Kha is against an order of the Additional Sessions Judge, 1st Court, Pabna in ...... আবশ্যক । 8. In this application the Public Prosecutor stated that as the case was instituted against the accused-opposite party No. 1 for political vendetta, the Ministry of Home Affairs had decided to withdraw the case from the prosecution in respect of him. No other ground was m...... persons including the opposite party No. 1 under different sections including section 302 of the Penal Code on 3-12-99. The learned Magistrate sent the case record to the Sessions Judge, Pabna for trial, where Sessions Case No. 20 of 2002 was registered and thereupon, the case was transferred to ..Category: Criminal Law | Date: | Hits: 43
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
....cation and divested of all interest therein. 14. Thus getting the suit premises, he possessed the suit premises by living with his family for more than the statutory period in assertion of his own right and title. Shahjahan Gazi, husband of the plaintiff and said Feroz Alam having threatened him ......ed 11-8-03 passed by Additional District Judge, Court No. 3 at Chittagong in Other Appeal No. 543 of 2002, and No. 535 of 2002 respectively, which confirmed the judgment and decree of the trial Court for khas possession of the suit premises after eviction of the defendants. 2. Opposite party as p...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ......firmance dated 11-8-03 passed by Additional District Judge, Court No. 3 at Chittagong in Other Appeal No. 543 of 2002, and No. 535 of 2002 respectively, which confirmed the judgment and decree of the trial Court for khas possession of the suit premises after eviction of the defendants. 2. Opposit..Category: Property Law | Date: | Hits: 35
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