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Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....�� the Opposite Party. Civil Revision No. 313 of 1980. Judgment Mohammad Abdur Rouf J . - This Rule, at the instance of the plaintiff‑petitioner is directed against the judgment and decree dated 18.9.79 passed by Mr. Md. Aftabuddin, Subordinate Judge, Additional Court, Noakhali in Title A......e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ................................Petitioner Vs. Brajalal Nath & others..........................Opposite Party. Judgment June 1, 1989. Lawyers Involved: Mihir Kanti Majumder, Advocate, for Shahabuddin Ahmad, Advocate ‑ For the Petitioner. Not represented ‑ the Opposite Party. ..Category: Property Law | Date: | Hits: 64
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
.... of Chairman of the said Upazila Parishad on 20.6.87. His re‑entrance into the office incurred much displeasure to his rival group and thereby three criminal cases, namely, Bhederganj PS Case No. 4 dated 31.12.88 and No. 2 dated 9.1.89 both under sections 409/109 of the Penal Code and section 5(2)......allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155.......t (Upazila Parishads and Upazila Administration Reorganisation) Ordinance, 1982 (Ordinance No. LIX of 1982), hereinafter called the Ordinance, contained in Annexure‑D to the petition. The reasons for such suspension being shown therein that three criminal cases, mentioned therein, have been star..Category: Election Law | Date: | Hits: 121
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....is not abandoned property, or (b) his interest in the property has not been affected by the provision of this order. (2) An application under clause (1) shall be made within three months of the date of the commencement of this order. (3) On receiving an application under clause (2) the auth......pears that the Prescribed Authority when allowing an application under Article 15, is required to forward the records for releasing the date. property from the list of abandoned property, but we have noticed that the Prescribed Authority instead of passing the release order sent the records to the M......in properties from the list of abandoned properties which has been earlier declared as abandoned property under the President's Order No. 16 of 1972, has been called in question with a further prayer for directing the respondents to release the said property and deliver possession thereof to the pet..Category: Property Law | Date: | Hits: 78
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....0. Judgment Md. Muzammel Hossain J. - This civil petition for leave to appeal under Article 103 of the Constitution of Peoples' Republic of Bangladesh is directed against the judgment and order dated 11.10.2009 passed by a Division Bench of the High Court Division in Civil Miscellaneous Case N......t both the contending parties admittedly hail from Dhaka and the causes of action for instituting these two suits for alleged breach of contract dated 18.03.2002 also arose in Dhaka. It has also been noticed by the High Court Division that the present petitioner as the complainant filed petition of ......tha, AIR 1953 Ori 46. Lawyers Involved: Mansur Habib, Advocate, instructed by Md. Mazibar Rahman, Advocate-On-Record- For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 80 of 2010. Judgment Md. Muzammel Hossain J. - This civil petition for..Category: Civil Law | Date: | Hits: 113
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
.... the Appellant. Momtazuddin Fakir, Additional Attorney-General instructed by B Hossain, Advocate-on-Record —For the Respondent. Criminal Appeal No. 32 of 2008. (From the Judgment and order dated 11-11-2007 passed by the High Court Division in Death Reference No. 93 of 2004 along with Crim...... Code of Criminal Procedure making observation to the effect that the judicial confession of the condemned-appellant Sohel and other incriminating evidence and circumstances were not brought to the notice of this accused at the time of his examination under section 342 of the Code of Criminal Proc...... High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ..Category: Criminal Law | Date: | Hits: 84
....lture (Inquiry Officer) and respondent No. 4 Mr. Ashraful Huda, Assistant Inspector General of Police, Headquarters, Bangladesh Secretariat, Dhaka to show cause why the impugned charge (Annexure‑D) dated 3.8.89 and the impugned notice (Annexure‑G) dated 2.9.89 issued by respondent No. 3 asking t......spondent No. 4 Mr. Ashraful Huda, Assistant Inspector General of Police, Headquarters, Bangladesh Secretariat, Dhaka to show cause why the impugned charge (Annexure‑D) dated 3.8.89 and the impugned notice (Annexure‑G) dated 2.9.89 issued by respondent No. 3 asking the petitioner to appear before......h Secretariat, Dhaka to show cause why the impugned charge (Annexure‑D) dated 3.8.89 and the impugned notice (Annexure‑G) dated 2.9.89 issued by respondent No. 3 asking the petitioner to appear before him and to remain present during the examination of witnesses on 16.9.89 in respect of the char..
Category: Employment/Service Law | Date: | Hits: 79
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....l Revision No. 228 of 1988. Judgment Nurul Huque Bhuiyan J. - This Rule under section 115 of' the Code of Civil Procedure at the instance of plaintiff ‑petitioners calls in question the order dated 24.11.88 passed by the learned District Judge, Barisal in Miscellaneous Appeal No. 43 of 1987 ......er made under rule 3 of the Order but such an application can be disposed of only on hearing the parties on merit, which is likely to be almost similar to the hearing of the parties in pursuance of a notice under rule 3." In the light of the case in 35 DLR (AD) 42 the application of the plaintiff......e 4 and section 151 of the Code of Civil Procedure. 2. The petitioners as plaintiffs instituted the suit in the said Court of Subordinate Judge against the opposite party Nos. 2‑17 as defendants for a declaration that the decree obtained by the original defendant No. 1 Imanuddin Rari (since dec..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
....te ‑ For the Opposite Party No. 2. Civil Revision No. 78 of 1980. Judgment Mohammad Abdur Rouf J. - This Rule, at the instance of the plaintiff, is directed against the judgment and decree dated 30.11.79 passed by Mr. MA Kalam, Subordinate Judge, 1st Court, Comilla dismissing the Title Ap......aintiff could prove only to the extent that there was a contract to enter into a final contract for sale of land. But no such final contract was ever made In between the parties. Moreover, a judicial notice may be taken to the facts that by virtue of the general notification in the year 1965, under ......ndant‑opposite party Bank and thereby reversing the judgment and decree dated 27.8.76 passed by Mr. MM Ruhul Amin, Munsif, 3rd Court Comilla decreeing the Title Suit No. 359 of 1974 in part, a suit for Specific Performance of Contract, to the extent 0 0.05‑1/4 acre out of 0.06‑1/2 acre of the ..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....dgment Habibur Rahman Khan J. -This revisional application under section 115 of the Code of Civil Procedure at the instance of the defendant Petitioners is directed against the judgment and decree dated 12.11.85 and 18.11.85 respectively passed by the Subordinate Judge, Kushtia in Title Appeal No......Tk. 450/‑ as six months' advance rent. The defendants are irregular in payment of rent and they became defaulters. The suit premises is required for plaintiffs own business and the plaintiff served notice under section 106 of the Transfer of Property Act upon the defendants asking them to relinqui......itle Suit No. 242 of 1977. The short facts of the case, in brief, are: 2. The opposite party No. 1 as plaintiff filed title suit No. 242 of 1977 in the First Court of Munsif, Kushfia with a prayer for ejectment of the defendant petitioners alleging, inter alia, that the plaintiff's father purchas..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
.... Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-4. Civil Appeal No.177 of 2009. (From the judgment and order dated 22-7-2008 passed by the High Court Division in Writ Petition No.5085 of 2008). Judgment ......e decree-holder put the decree into execution in Artha Rin Jari Case No.153 of 2007. As judgment-debtor did not pay the decreetal amount the decree-holder as per order of the Court published tender notice in a national daily news paper on 14th June, 2000 for auction sale of the mortgaged property.......High Court Division in Writ Petition No. 5085 of 2008 arising out of Artha Jari Case No. 153 of 2007 pending in the Court of Artha Rin Adalat Court No.1, Chittagong (the Adalat). 2. Facts relevant for the disposal of this appeal are that the respondent No.2 instituted Artha Rin suit No.66 of 2006..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
....es ‑For the Respondents. Writ Petition No. 1007 of 1989 Judgment Muhammad Fazlul Karim J.- This rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 6.9.88 (Annexure A) issued under the signature of the respondent No.2, the General Manager (Ad......tter dated 22.11.88 filed representation against the order of retirement as aforesaid and filed another reminder on 22.2.89 but the respondents did not pay heed to it. The petitioner finally served a notice of demand of justice on 24.9.89 but the demand having not been complied with, the petitioner ...... to why the impugned order dated 6.9.88 (Annexure A) issued under the signature of the respondent No.2, the General Manager (Administration) Bangladesh Parjatan Corporation, retiring the petitioner before attaining the age of superannuation should not be declared to have been passed without any lawf..Category: Employment/Service Law | Date: | Hits: 88
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
.... ‑ For the Respondents. Writ Petition No.101 of 1990. Judgment Mohammad Gholam Rabbani J.- This application under Article 102 of the Constitution is directed against the judgment and order dated 7.3.89 passed by the Court of Settlement in Case No.1022 of 1987. The case was filed by the pe......e did not inherit the same. The Government, however, failed to challenge the claim of the petitioner that a portion of the land was purchased in her name and the Court of Settlement equally failed to notice this unchallenged fact. 7. Third ground, also in the language of the Court of Settlement, ......nder Article 102 of the Constitution is directed against the judgment and order dated 7.3.89 passed by the Court of Settlement in Case No.1022 of 1987. The case was filed by the petitioner Bakht Bibi for the release of a three‑storied building at 93, Chatteswary Road, Chittagong, from the list of ..Category: Property Law | Date: | Hits: 73
.... 1992.
Judgment
Anwarul Hoque Choudhury J.- This application under Article 102 of the Constitution of the People's Republic of Bangladesh is directed against Memo No. SPRM/Forest/27/92‑93/135 dated 15.9.92 issued by the Additional Chief Manager of Sylhet Pulp and Paper Mills Limited, Chatak,...... MA Momit (Asuk) Annexure ‘N’.
2. It is the case of the petitioner that he is doing his business with Sylhet Pulp and Paper Mills Limited for quite some time. The said Mills published a tender notice for supplying Mariti (bamboo) from the Juri Range within Putichura, Halampachora, Begunchori ......provisional work order in favour of respondent No.6 Mr. MA Momit (Asuk) Annexure ‘N’.
2. It is the case of the petitioner that he is doing his business with Sylhet Pulp and Paper Mills Limited for quite some time. The said Mills published a tender notice for supplying Mariti (bamboo) from the..
Category: Others | Date: | Hits: 128
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....And pursuance to decision of the 4th Council Committee meeting held on 19th March, 1981 Mr. Justice TH Khan was appointed sole Arbitrator (vide page 5 of the Additional Paper Book‑1) under a letter dated April 16, 1981 for settling the dispute regarding right, tide and ownership of the Adamjee Cou...... Paper Book‑1) under a letter dated April 16, 1981 for settling the dispute regarding right, tide and ownership of the Adamjee Court Annexe Building. The Arbitrator entered into reference after due notice to the parties. On the first meeting held on July 18, 1991 the respondent and the appellant a...... 75 of 1983. Judgment AM Mahmudur Rahman J.- This appeal is against an ex‑parte decree passed in Title Suit No.467 of 1982 making the Award made by the Arbitrator a rule of the court. 2. Before I proceed to deliver the judgment I am impelled to make certain observation on the conduct of t..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ly, Noor Ahmed, Seraj Ahmed, Abdul Motaleb, Sona Ali, Abul Hossain, Faiz Ahmed, Sekander Fakir, Eunus, Kala Mah, Putiakabli and Nurul Huq of the charges brought against them by his judgment and order dated 8.6.89 in Sessions Trial No.25 of 1987 out of which the present appeal has arisen challenging ......ss them therefrom and consequently there was a "Mara‑Mari” over the dispute regarding title and possession of the case land and in the melee, both the sides sustained injuries and it could not be noticed who assaulted whom, hence the accused persons on whose behalf another case was also started ......d in all 14 in number, in the Court of the learned Sessions Judge, Cox's Bazar, the case was transferred to the Court of the learned Assistant Sessions Judge (deemed Addl. Sessions Judge) Cox's Bazar for trial. At the conclusion of the trial, the learned Assistant Sessions Judge (as Additional Sessi..Category: Criminal Law | Date: | Hits: 86
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
....ed under article 102(2)(a)(ii) of the Constitution of the People’s Republic of Bangladesh calling upon the respondents to show cause as to why the impugned Memo No.Common:Sha:71/97 Second Part)/518 dated 1.4.2001 issued by the Secretary, National Curriculum and Text Book Board (NCTB), Dhaka (Annex......e case of the petitioner for the purpose of disposal of the rule is as follows: 3. Respondent No.3, Secretary, National Curriculum & Text Book Board (NCTB), Text Book Bhaban, Dhaka published a notice on 13.5.98 inviting tender from the enlisted 1st category Contractors in Government Organizat......d Memo No.Common:Sha:71/97 Second Part)/518 dated 1.4.2001 issued by the Secretary, National Curriculum and Text Book Board (NCTB), Dhaka (Annexure-C to the petition) cancelling the tender proceeding for the internal decoration, electrical work and renovation of 12 floor of the building shall not be..Category: Others | Date: | Hits: 133
Babul and others Vs. State, 2011, 40 CLC (HCD)
..... Matiur Rahman Howlader, Assistant Attorney General-For the respondent. Criminal Appeal No.4652 of 2008. Judgment Md. Ruhul Quddus J. - This appeal is directed against judgment and order dated 18.6.2008 passed by the Additional Sessions Judge, Lakshmipur in Session Case No.86 of 1999 co......mbellishments on the prosecution case, which makes the case doubtful. All the events together do not lead us to the only hypothesis that the appellants drowned the victim in the canal. 35. We also notice that the post-mortem on victim’s dead body was held on 4.12.1997 i.e. long after fifty days......ional Sessions Judge, Lakshmipur in Session Case No.86 of 1999 convicting the appellants under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer rigorous imprisonment for life with a fine of Taka 20,000/- for each in default to suffer rigorous imprisonment for one ye..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....who were armed with deadly weapons: P.W. Moniruzzaman, the brother‑in‑law of the deceased disclosed to P.W.1 Md. Rafiquddin Ahmed that he went to the house of his father‑in‑law on the alleged date of occurrence and while he was passing through the road near about the place of occurrence he h......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......d appellants (1) Sohel and (2) Manu in Criminal Appeal No.500 of 1990 along with others have been convicted on 14.4.90 under sections 302/34 of the Penal Code and sentenced thereunder to imprisonment for life and to pay fine of Tk. 2,000.00 each, in default, to suffer rigorous imprisonment for one y..Category: Criminal Law | Date: | Hits: 83
Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)
....ssore) Criminal Appeal No.423 of 1991 (Dhaka). Judgment Kazi Ebadul Hoque J.- This appeal at the instance of the convicted appellant Abdul Khaleque is directed against the judgment and order dated 17.8.89 passed by the Additional Sessions Judge, Jessore in Sessions Case No.1 of 1987 convict......d near the house of the accused appellant. He neither informed the parents of the victim whose house was about 400/500 yards away from his house in the same village nor did he bring the matter to the notice of the local police under what circumstances his wife died. He simply vanished from his house......der dated 17.8.89 passed by the Additional Sessions Judge, Jessore in Sessions Case No.1 of 1987 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Tk. 2000.00, in default, to suffer rigorous imprisonment for one ..Category: Criminal Law | Date: | Hits: 78
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....titioners. Md. Azizul Huq, Advocate ‑ For the Opposite‑Party. Civil Revision No. 440 of 1985. Judgment Mohammad Gholam Rabbani J.- This Rule is directed against the judgment and order dated 29.5.85 passed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984. 2. The......of Appendix E of Schedule I to the Code. This form is in accordance with rule 11 of Order 21. If application for execution is filed within one year from the date of decree, it is executed without any notice to the judgment‑debtor. Under rule 22 of Order 21 a judgment‑debtor is entitled to get a ......he judgment and order dated 29.5.85 passed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984. 2. The opposite‑party Md. Abdul Mannan, a minor, through his father, filed a suit for permanent injunction against the petitioner No.1 Ajiran Nessa Bewa and her three sons, the other..Category: Procedural Law | Date: | Hits: 95
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