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Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....ts owners. 3. Opposite party No. 1 as plaintiff on 27-11-02 instituted a suit being Title Suit No. 308 of 2002 against the petitioners and another for a decree of declaration that RS record of rights as prepared and finally published in the name of erstwhile DIT now added defendant No. 5, RAJ......sed by Additional District Judge and Bankruptcy Court at Dhaka in Title Appeal No. 393 of 2004, which reversed the judgment and decree dated 6-11Â04 of the trial Court and decreed the suit as prayed for. 2. Later Rule was obtained by defendant No. 4 upon similar revision application against ......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......t the judgment and decree dated 24-5-05 passed by Additional District Judge and Bankruptcy Court at Dhaka in Title Appeal No. 393 of 2004, which reversed the judgment and decree dated 6-11Â04 of the trial Court and decreed the suit as prayed for. 2. Later Rule was obtained by defendant No. 4..Category: Property Law | Date: | Hits: 32
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....at the respondent Nos. 1 and 2 writ-petitioners are fugitive. In view of fugitive the findings of the High Court Division merits no consideration since law is not settled that a fugitive has no legal right to seek any kind of redress as against her grievance, if any, against the pending proceeding b......”For the Petitioner. Rafique-ul-Huq, Senior Advocate instructed by Md. Wahidullah, Advocate-on-Record—For the Respondent Nos. 1-2. Not represented—the Respondent Nos. 3-7. Civil Petition for leave to Appeal No. 1432 of 2008. (From the judgment and order dated the 18th day of June, 20......ove, we find no subÂstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ......issuance of notice under section 26 of the Ain notice under Rule 15(ঘ) does not arise at all. Moreover, issuance of notice under Rule 15(ঘ) is a question of fact, which can only be decided at the trial by adducing evidence. Moreover, in view of the long absconsion of the respondent Nos. 1 and 2 ..Category: Anti-Corruption Laws | Date: | Hits: 143
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....disÂcuss evidence appearing against each accused separÂately he considered the evidence as a whole against all appellants as well as non-appealing accused and relying on the circumstantial evidence rightly conÂvicted the appellants and the non-appealing accused. 8. Heard the learned Counsels o......and appelÂlant Seraj @ Sipai of Criminal Appeal No. 113 of 1985 and non-appealing accused Giasuddin Enu Mondal @ Gobra, Ejal Hoque, Mahbob @ Mata-buddin along with 16 others were placed on trial beÂfore the learned Additional Sessions Judge, 3rd Court, Dhaka in Sessions Case No.747 of 1979 on char...... the charge. They shall be set at liberty forthwith if not wanted in conÂnection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ......9 of 1985 and appelÂlant Seraj @ Sipai of Criminal Appeal No. 113 of 1985 and non-appealing accused Giasuddin Enu Mondal @ Gobra, Ejal Hoque, Mahbob @ Mata-buddin along with 16 others were placed on trial beÂfore the learned Additional Sessions Judge, 3rd Court, Dhaka in Sessions Case No.747 of 19..Category: Criminal Law | Date: | Hits: 30
Sultan Ahmed Vs. Golam Mostafa alias Dulal and Others, 1987, 16 CLC (HCD)
....agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85......./431 of the Penal Code arising out of Boalia P.S. case No.36 dt. 19.2.85 should not be set aside. 2. Upon an F.I.R. lodged by the petitioner with the Boalia Police Station, the police started the aforesaid Boalia P.S. Case No.36 dated 19.2.85 and on completion of investigation submitted charge sh......agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85.......time. The Court Sub-inspector also prayed for issuance of warrant on the witnesses and the learned Magistrate fixed 15.7.85 for evidence. 4. On 15.7.85 the learned Magistrate extended the time for trial of the case by 30 days stating as follows:- "Though the stipulated time will expire to day..Category: Criminal Law | Date: | Hits: 26
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....aid those drafts and they are therefore the bona fide holders of those drafts and they again demand full payment of the aforesaid drafts together with overdue interest and other costs and reserve the right to move the highest authorities, national and or International in order to realise their lawfu......gment Anwarul Hoque Chowdhury J.- This appeal is directed against an order dated 21.6.86 passed in money suit no. 116 of 1985 by the 3rd subordinate judge, Dhaka attaching the schedule property before judgment. 2. Facts leading to this in short are that M/S. Ahmedia Garments instituted a suit......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......985 for a decree for realisation of Tk.24,56828/-against the defendant opposite parties No. 1 and 2 namely M/S Yama Moto & Co. Ltd. a company situated with its head office at Japan and pioneer inÂdustrial, authorised agent of M/S. YAMA MOTO for damages arid compensation on the ground that the plain..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....omplice that the work had been executed and asked them to leave the room and thereafter appellant DaÂblu came forward and held the chin of P.W.4 KhondÂker Nurul Islam and dealt a dagger blow on the right chest. Thereafter appellant Dablu left the place. Nurul Islam raised cry and found his son Ash......udgement here. Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: Syed Fazle Ahmed J DM Ansaruddin Ahmed J The State …………………Complainant (Informant) Vs. Mizanul Islam alias Dablu & another……………………….Opposite Party......t the house of the informant's father and deceased Sajeda Khatun resisted the dacoits and for that the dacoits injured her and she succumbed to that injury and that appellant Dablu developed a love affairs with informant's sister Moslem Khatun and one day Moslem Khatun was found by her father Khondk......No. 108 of 1985. Judgment Syed Fazle Ahmed J.- Appellants Mizanul Islam alias Dablu, Jahurul Hossain alias Jahurul IsÂlam Fiktu along with another Sukhur Ali since acÂquitted, were placed on trial before the Additional Sessions Judge, Chauadanga-Meherpur in Sessions Case No.51 of 1984 on a ..Category: Criminal Law | Date: | Hits: 61
....eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
......ribution Company Ltd. is directed against the judgment and Order No. 23 dated 14-11-2000 passed by the learned Subordinate Judge, 4th Court Dhaka in Title Suit No. 276 of 1999 allowing an application for temporary mandatory injunction under section 55 of the Specific Relief Act, directing the defend......eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
......the said argument it will be profitable to extract clause 6 of the contract dated 1-2-1979 and the undertaking dated 23-3-1996 and 8-4-1996 which runs thus;
Contract for the supply of Gas for Industrial Use (Annexure-A) Clause-6 And I/We undertake to pay charges for gas consumption at the rates s..
Category: Civil Law | Date: | Hits: 115
Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)
....aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ......the petitioner is the proprietor of IM Corporation and carrying on business of import, inter alia, of Steel GI Pipe. The petitioner opened a Letter of Credit bearing No. 1761296122 dated 30‑10‑96 for an amounts of US$ 37,267.90 for import of 8680 pieces of Steel GI Pipe under HS Code No. 7306.50...... impugned Notification is without jurisdiction. Second contention is that the tariff value was imposed by the impugned Notification having no objective basis of that as the value does not reflect the fair price on the value of the goods in the international market. He has further argued that the res......o rules governing the fixation of tariff value. The authority had to determine the tariff value according to the need of the hour to prevent inflow of foreign goods and to protect the indigenous industrial enterprise/concern from extermination, which objects coalesced with the aim of raising governm..Category: Fiscal/Taxation Law | Date: | Hits: 56
....sions, he cited the decision in the case of Md. Yousuf Vs. Alhaj G P Mollah and Co., 1987 BLD 77.
15. Opposing the Rules, Mr Rafiq-ul Huq, learned Senior Counsel for the plaintiff submits, we find rightly, that the trial Court correctly rejected the applications for return of the plaint and stay ......ode of Civil Procedure against an order dated 24-5-95 passed by Subordinate Judge, 5th Court at Dhaka in Title Suit No. 139 of 1994.
3. Opposite Party No. 1, a limited company, instituted the suit for following declarations as well as perpetual injunctions:
a. Permanent injunction against the ......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17.......e decision in the case of Md. Yousuf Vs. Alhaj G P Mollah and Co., 1987 BLD 77.
15. Opposing the Rules, Mr Rafiq-ul Huq, learned Senior Counsel for the plaintiff submits, we find rightly, that the trial Court correctly rejected the applications for return of the plaint and stay of further proceed..
Category: Civil Law | Date: | Hits: 101
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
....ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32.......r, Bhola in Miscellaneous Case No. 12 of 1996 arising out of Title Suit No. 28 of 1994 directing the petitioners to furnish security bond within 7 days, should not be set aside. 2. Material facts for disposal of the Rule are that the defendants in the original suit are the 2 as plaintiffs instit......ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32.......ffs opposite party Nos. 1 and 2 on 22‑2‑1994 also filed an application under Order XXXIX rule 1 read with section 151 of the Code seeking for temporary injunction in respect of the suit land. The trial Court issued show cause notices upon the defendant-petitioners, along with it also granted adâ..Category: Property Law | Date: | Hits: 28
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......f 1992 against the opposite parties Nos. 1 and 2 as pre‑emptees under section 96 of the State Acquisition and Tenancy Act. The pre‑emptees opposite parties entered appearance and took adjournment for filing written objection and ultimately 2 days earlier of the date of ex parte hearing of the ca......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......ner, it is an appealable order under Order XLIII rule 1(d) of the Code of Civil Procedure, but when the default is for non taking of step for filing postal requisites, can it be set aside by the same trial Court invoking section 151 of the Code. On this legal question, the principle as evolved in th..Category: Property Law | Date: | Hits: 36
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ......g an application made under section 151 of the Code by the pre-emptor opposite party and restoring the Miscellaneous Case No. 31 of 1984 to its file and number on setting aside the order of dismissal for default. 2. This case exposes the dismal condition of the trial system. On 15-12-73 the petit......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ......ptor opposite party and restoring the Miscellaneous Case No. 31 of 1984 to its file and number on setting aside the order of dismissal for default. 2. This case exposes the dismal condition of the trial system. On 15-12-73 the petitioner purchased the case land by a deed of sale registration of w..Category: Civil Law | Date: | Hits: 69
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....ober, 2001. The election was held peacefully in the constituency and election authority played a normal role in holding the election of the constituency. The petitioner of the original case was given right to file election petition before the Election Tribunal under Article 49 of People's Order No. ......- By this application under Article 58(a) of the Representation of the People Order No. 155 of 1972 (PO 155 of 72) the petitioner Dr. Alauddin Ahmed, respondent No. 4 of this election petition, prays for dismissal of the election petition No. 2 of 2001 pending before this Court stating, inter alia, ......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19.......nt No. 4 shall be decided first and if the petition is found fit then amendment petition may be heard and considered and that the Civil Procedure Code is applicable when the petition is found fit for trial and not prior to that. In support of his above submission he relied on a decision reported in ..Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
.... rents for that land. The plaintiff-petitioner further took settlement of 1.21 acres of land from Ahmed Ali by virtue of dakhila from plot No. 3013 appertaining to CS Khatian No. 728 and his name has rightly been recorded in the RS Khatian and the plaintiff No. 2 has been paying usual rents. The ori......hile considering its judgment, if any, ambiguity or omission is noticed. The power can be exercised suo motu and also at the instance of a party………………………….(13) A suit for partition remains pending till passing of the final decree. There would be obviously no bar to t......g to Mr. Kabir, the amendment sought for may be allowed at any stage of the suit or proceedings if it appears to the court that by the amendment the real controversy in between the parties is decided fairly. 8. In support of his contentions Mr. Kabir relied on a ruling reported in 47 DLR 152 wher......Code of Civil Procedure inasmuch as the purpose of the partition suit is only to try the common and joint ownership lands to the exclusion of the (sic) in dividing owner's lands and thus the Court of trial below committed an error of law resulting in an error in the decision occasioning failure of j..Category: Property Law | Date: | Hits: 34
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....lea that the suit lands were recorded with other land in SA Khatian No. 33 in the name of Kasiruddin Chowdhury and Karimuddin Chowdhury. The plaintiff further stated that the aforesaid persons had no right, title, interest and possession in the suit land as those persons died long before SA Khatian.......dated 2-2-97 and upholding the order dated 1-10-96 and directing the parties to maintain status quo in respect of the suit lands. 2. The present petitioner being plaintiff instituted the said suit for declaration of title against the defendants in the suit lands. 3. The case of the plaintiff-p......er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102....... No. 3 of 1997 in the Court of District Judge, Panchagarh. The learned District Judge heard the appeal and was pleased to set aside the order dated 22-2-97 and affirmed the order dated 1-10-96 of the trial Court. The learned District Judge directed the parties to maintain status quo in respect of th..Category: Property Law | Date: | Hits: 21
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....ed and thereby independence of the Arbitrator and the Tribunal to act independently and to exercise their discretion freely have been denied. It has also been contended that petitioners’ guaranteed right of enjoying protection of law and to get proper compensation in respect of land acquired and t......quisition of Immovable Property Ordinance, 1982 (Ordinance No.II of 1982) by the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994) should not be struck down for being ultra vires of the Constitution and violative of the principle of natural justice. 2. F......exercise their discretion in a free manner in considering whether the compensation that has been assessed by the Deputy Commissioner in respect of the requisitioned and later on acquired property was fair and equitable has been curtailed and that restriction has been imposed by the amendment as rega......ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ..Category: Alternative Dispute Resolution | Date: | Hits: 191
Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)
....der an obligation to discuss and consider the evidence of the witnesses, at least the material evidence, examined by the prosecution and to assess its evidentiary value. It is true, the Court has the right to believe or disbelieve a particular witness or even a number of witnesses on assigning reaso......e passed by the Magistrate of the Second Class, Manikganj in CB Case 54 of 1998 convicting the accused opposite parties under section 379 of the Penal Code and sentencing them thereunder to suffer RI for one month and to pay a fine of Taka 500.00 in default, to suffer RI for a further period of 15 d...... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97....... Taka 500.00 in default, to suffer RI for a further period of 15 days. By the impugned judgment the learned Additional District Magistrate set aside the order of conviction and sentence passed by the trial Court and acquitted the accused persons. It is against this order of acquittal the complainant..Category: Criminal Law | Date: | Hits: 30
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....the admitted signature of defendant No. 1. 51. Section 19 of the Limitation Act provides that before the expiration of the period prescribed for a suit or application in respect of any property or right, an acknowledgment of liability in respect of such property or right has been made in writing ......Rashid J.- Defendant No. 1 presented the above appeal against the decree dated 30‑4‑2001 passed by the Subordinate Judge, Court No. 3 at Dhaka in Title Suit No. 14 of 2001, which decreed the suit for specific performance of a contract dated 2‑4‑1985. 2. On 23‑5‑1991 respondent No. 1 M......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......ed to get him examined on commission but abandoned the idea thereafter. Evidence led to prove that the plaintiff was indisposed to come to court also could not be proved. 21. He submitted that the trial Court fell in error in relying upon the endorsement/ acknowledgment alleged to have been made ..Category: Civil Law | Date: | Hits: 78
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....arned Advocate appearing in Writ Petition No. 5951 of 2003, that the aforesaid sections 5 and 6 of Druta Bichar Tribunal Ain, 2002, in short the Ain, and the Notification are violative of fundamental rights guaranteed under Articles 27,31,32 and 35 of the Constitution and that sections 5 and 6 of th......rit Petition No. 5951 of 2003 challenged the vires of sections 5 and 6 of Druta Bichar Tribunal Ain, 2002 and the Notification issued vide SRO dated 2nd August, 2003 issued under section 6(a) of the aforesaid Ain transferring Companygonj (Noakhali) Police Station Case No. 11 dated 12‑8‑2001 unde......y J Syed AB Mahmudul Huq J Abdul Kader Mirza and another…………………….. Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and ParliamenÂtary Affairs and others ....................... Respondents Judgment November 9, 2003. Result: ......ch shall govern both the writ petitions. 4. The petitioners are accused in two separate cases as already mentioned above. After investigation charge-sheets being submitted, the cases were sent for trial before the respective Courts as mentioned above and therefrom have been transferred to the Dru..Category: Criminal Law | Date: | Hits: 50
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....fect. On 25Â8‑1986, the defendant sent a telex stating that no payment can be made as the shipper did not fulfill the conditions under the LC. This witness further stated that the defendant had no right to refuse payment because the bank deals with the documents and not with the goods, that by te......No. 202 of 1993 with Appeal from Original Decree No. 204 of 1993. Judgment ABM Khairul Haque J.- The First Appeal No. 202 of 1993 and First Appeal No. 204 of 1993 are taken up together for hearing because both the appeals arose from the same transaction although there are two separate...... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ......technical discrepancy and the defendant having failed to raise such objection of discrepancy within a reasonable time, they are not entitled to raise such objection of discrepancy subsequently at the trial. The learned Counsel strenuously argues that unless such objection is not raised within 3(thre..Category: Business or Commercial Law | Date: | Hits: 202
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