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Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
....uty Commissioner shall, except as hereinafter provided, be final. Section 10(1) provides that on making an award under section 7, the Deputy Commissioner, Dhaka shall, before taking possession of the property, tender payment of the compensation awarded by him to the persons entitled thereto accordin......rted in: ......on of the acquired land on 9th January, 2001 without paying compensation in respect of the acquired land, that compensation in respect of the acquired land having not paid the writ petitioners served legal notice demanding justice on the writ respondent No.3 but received no reply. 4. It is the co..Category: Property Law | Date: | Hits: 80
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....n case is proved by circumstantial evidence leaving no doubt then there could be conviction without seeking any aid from the confessional statement, but in the instant case the evidence on record, if properly assessed, will be found not at all sufficient for proving the charge of murder against the ......Farid Karim.......................Condemned prisoner‑Appellant in the appeal Vs. The State.....................Respondent Judgment February 19, 1992. Cases Referred To- Hasen Ali and another Vs. State, 38 DLR 235; Manjil Fakir Vs. The State, 17 DLR 64; Alhappa Coundan and others...... in 160 PLD where a person, before his confession was recorded, had been detained by the police for 2 days without having obtained a remand and no attempt was made by the prosecution to explain the illegal detention by the police, it was held that the confession had the appearance of having been imp..Category: Criminal Law | Date: | Hits: 84
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
.... named appellants was found guilty to the charge framed against each of them and convicted thereunder and sentenced to suffer imprisonment for life and to pay a fine of Taka 1000/‑, in default, the property of each appellant was ordered to be attached and sold and sale proceeds to be paid to the i......te. Criminal Appeal No. 160 of 1984. Judgment Syed Fazle Ahmed J.- Appellants 1) Ali Ahmed Malaker Ca) Kunai Malaker 2) Atabar Gorapi @ Atabar Rahman 3) Kolom Ali Malaker 4) Moslem Howlader and 5) Abdul Hye Bepari were placed on trial before Additional Sessions Judge, 1st Court, Faridpur i......cate appearing for the appellants submits that the order of conviction and sentence is bad in law as well as in fact inasmuch as the order of conviction is based on surmises and conjecture and not on legal testimony that the learned Judge committed illegality in placing reliance on the testimony of ..Category: Criminal Law | Date: | Hits: 67
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....tive of the fundamental rights of the petitioners as guaranteed by Articles 27,29,31 and 40 9of the Constitution and /or such other or further order or orders passed as to this Court may seem fit and proper. Thereafter, on the application of the petitioners a supplementary Rule was issued on 22.......1 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......luding Clauses 3, 4, 5, 6, 7 and 11 of the Deed of Agreement dated 30.06.2008 signed between respondent No.2 and 6 (Annexure-B and C) shall not be declared to be without lawful authority and is of no legal effect, besides being violative of the fundamental rights of the petitioners as guaranteed by ..Category: Constitutional Law | Date: | Hits: 145
Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)
.... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ......ul Karim, Assistant Attorney General -For the respondent. Criminal Appeal No.161 of 1997. Judgment Syed Md. Ziaul Karim J. - By this appeal, the convict appellant has challenged the legality and propriety of Judgment and order of conviction and sentence dated 26-08-1990 passed by learned Ad......zi Mahmudul Karim, Assistant Attorney General -For the respondent. Criminal Appeal No.161 of 1997. Judgment Syed Md. Ziaul Karim J. - By this appeal, the convict appellant has challenged the legality and propriety of Judgment and order of conviction and sentence dated 26-08-1990 passed by l..Category: Criminal Law | Date: | Hits: 74
Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)
.... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......…………………………..Respondent Judgment March 26 & 27, 2011. Lawyers Involved: No one-For the appellants. Md. Selim, Deputy Attorney-General with Md. Ensanuddin Sheikh and Md. Nurul Islam Matubber, Assistant Attorney-Generals-For the State. Criminal Appeal No.2136 ......e who killed Hablu. The proverb “face indicates the mind” or “face is the index of mind” however true, cannot take the place of evidence and the learned Sessions Judge appears to have acted illegally in finding the accused-appellant Mosharrof guilty on the assumed truth of the aforesaid prov..Category: Criminal Law | Date: | Hits: 69
Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)
....o.48 of 1988 in the Court of the Subordinate Judge, Rajbari against the defendant No.1 and the present petitioners as defendant Nos. 2 and 3 for specific performance of a contract of sale of the suit property. She stated in her plaint that she had gone into possession over the suit property after th...... Reported in: 45 DLR (HCD) (1993) 169. ......finger print expert and when there is no chance of the plaintiff opposite party being prejudiced in any way. 5. For the reasons stated above, we therefore hold that the impugned order suffers from legal infirmity and the same has caused a failure of justice and hence it needs be interfered with b..Category: Procedural Law | Date: | Hits: 84
.... the impugned order without jurisdiction and the same is of no legal effects.
In the result, the Rule is made absolute.
No costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 167.......ginal Jurisdiction)
Present:
AM Mahmudur Rahman J
Mahmudul Amin Choudhury J
North Bengal Paper Mills Ltd..............Petitioner
Vs.
The Chairman Labour Court, Lakshmipur, Rajshahi and others...............Respondents
Judgment
July 1, 1991.
Lawyers Involved:
Khalilur R......se as to why the impugned judgment and order passed on 7.8.85 by respondent No.1 as per Annexure C to the writ petition should not be declared to have been made without any lawful authority and of no legal effect.
2. The aforesaid Rule arises out of the following circumstances:
3. The petition..
Category: Labour and Industrial Law | Date: | Hits: 112
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
....enial of service of the summons in any manner and that of P.W.2 by corroborating him and thereafter the onus was shifted upon the plaintiff‑opposite party of the Miscellaneous case to prove due and proper service of the summons upon the defendant‑petitioner. The plaintiff of course, in discharge......LR (HCD) (1993) 164. ......ed Munsif came to a wrong finding upon misconception of law and facts to the effect that the summons was suppressed and not duly served upon the defendant‑petitioner of the Miscellaneous case and illegally set aside the impugned ex parte decree and restored the suit to its file and number and as a..Category: Procedural Law | Date: | Hits: 94
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
....ich were made within time and as per law. 6. Mr. Khalilur Rahman, the leaned Advocate appearing for the petitioner has, inter alia, submitted that the learned Labour Court failed to apply his mind properly to the facts and circumstances of the case as per material and evidence on record while dec...... (Special Original Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Chittagong Textile Mills Ltd..…..............Petitioner Vs. Chairman, Labour Court, Chittagong and another....................Respondents Judgment April 28, 1992. Cases Referred To- P......e judgment and order dated 15.6.87 passed by the respondent No.1 in Complainant Case No.58 of 1984 (Annexure 'C') should not be declared to have been made without any lawful authority and to be of no legal effect. 2. Pending hearing of the Rule, operation of the impugned order dated 15.6.87 reins..Category: Labour and Industrial Law | Date: | Hits: 120
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
.... follows: The plaintiff‑petitioner instituted a suit being Title Suit No.42 of 1988 in the Court of the Subordinate Judge, Rajbari for specific performance of a contract for sale of the schedule property against the defendants opposite parties on the allegations, inter alia, that the defendant......d Ansar Ali J Moyezuddin Mondal...............Petitioner Vs. Bena Rani Das & others.................Opposite Parties Judgment January 14, 1992. Cases Referred To- MA Jahangir and others Vs. Abdul Hakk and others, 41 DLR page 389; Kanda and others Vs. Waghu, 3 DLR (PC) 310; F......iled by a firisti. These applications came up for hearing on 26.3.89 before the learned Subordinate Judge, Rajbari and on that day the plaintiff also filed another application for substitution of the legal heirs of defendant No.1 on her death and for amendment of the plaint accordingly. All these ap..Category: Procedural Law | Date: | Hits: 76
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
....ntainability of the revision case under section 115 of the Code of Civil Procedure before this Court. The learned Advocate submits that the impugned order returning the plaint for presentation in the proper Court is appealable under rule 1(a) of Order 43 of the Code of Civil Procedure and the appeal......394. ......1984 with a prayer for declaration that the order dated 24.11.70 made by the Vice President of the United Bank Limited at Khulna Zonal Office suspending the plaintiffs from their respective post is illegal and mala fide and that the plaintiffs are in service from 24.11.70 till their reinstatement. ..Category: Administrative Law | Date: | Hits: 189
Naogaon Chitrabani Ltd. Vs. Naogaon Cinema Hall Sramajibi Union and another, 1990, 19 CLC (HCD)
....ake step in this behalf. We, however, make no order as to cost. Let the records of the Registrar, respondent No. 2 be sent back at once. Ed. This Case is also Reported in: 43 DLR (1991) 392. ......Present: Nurul Huque Bhuiyan J Mainur Reza Chowdhury J Naogaon Chitrabani Ltd. a limited liability Co. & others……….........Petitioners Vs. Naogaon Cinema Hall Sramajibi Union and another.....................Respondents. Judgment June 26, 1990. Lawyers Involved: K......12.84 (Annexure C‑3) and the order contained in the letter No. 1287 dated 15.9.87 of the respondent No. 2 (Annexure C‑4) should not be declared to have been made any lawful authority and is of no legal effect. 2. The facts leading to this rule, in short, are that the petitioner No. 1 is a pri..Category: Labour and Industrial Law | Date: | Hits: 115
Khokan Vs. State, 1990, 19 CLC (HCD)
.... appellants has taken me through to FIR, the deposition of the witnesses and other materials on record. He contends that the trial is without jurisdiction as the accused was tried in absentia without proper notification as required under section 27(6) of the Special Powers Act, 1974. He contends tha......or the Appellants. Salma Masud, Advocate ‑ For the State. Criminal Appeal Nos. 132 & 172 of 1989. Judgment Abdul Bari Sarker J. - These two appeals are directed against the judgment and order of conviction and sentence passed by Mr. Md. Abu Baker Siddique, Additional District and S......d in absentia without proper notification as required under section 27(6) of the Special Powers Act, 1974. He contends that the notification made by the Magistrate under section 339B Cr.P.C. is not a legal and proper notice, in view of the fact that the Special Powers Act made a special provision fo..Category: Criminal Law | Date: | Hits: 67
....r have been lawfully vested with the power, that the action of the detaining authority is not mala fide and that the action has not been taken upon extraneous or irrelevant considerations and without proper application of mind.
11. Our Appellate Division in the case of Abdul Latif Mirza Vs. Gover......l Jurisdiction)
Present:
Mohammad Ismailuddin Sarker J
Md. Badruzzaman J
M Mahmood..................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Home Affairs and another.............Respondents.
Judgment
February 11, 1991.
Cases Referred to-
Liv...... of detention has been annexed with the application and marked as Annexure‑A, that the subsequent arrest and detention of the detenu under section 3(1)(a) of the said Act is not only unlawful and illegal but it is mala fide and it has been made purely for collateral purpose to creates hurdle on th..
Category: Constitutional Law | Date: | Hits: 178
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
.... the judgment and decree dated 18.2.1989 passed by the 3rd Court of Subordinate Judge, Dhaka in Title Suit No. 29 of 1983 dismissing the suit for Specific Performance of Contract for sale of the suit property after declaring that the defendant Nos. 2 and 4 have no right, title and interest therein. ......rt Division (Civil Appellate Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Silver Estate Ltd ................................Petitioner Vs. Abdul Hakim Mia and others................Respondent. Judgment April 3, 1991. Cases Referred to- AIR 19......ant No. 1 for declaration that he was the owner of 8.00 annas share of the suit property and that the Memo dated 19.8.82 issued by the DIT directing defendant No. 1 to deposit transfer fee etc. was illegal and had obtained an order of status‑quo in that suit; that the plaintiff further learnt that..Category: Civil Law | Date: | Hits: 92
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....r to prove the service of summons and copies of plaint two P.W.s and 3 D.W.s including O.P.W. 3 Abul Kashem who was a Process Server was examined who categorically deposed that service of summons was properly served upon the defendants by hanging before the witnesses on their refusal to accept the s......ision (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Abul Hashem alias Bachhu……………..Petitioner Vs. Abdul Latif being dead his heirs (Ka) Rojia Khatun and others……….Opposite parties Judgment May 21, 2009. Result: The Rule is made abs......cree of that suit is forged, fraudulent and collusive and not binding upon them. 9. Now the point for determination is whether the learned Assistant Judge, Sadar Upazilla Noakhali committed any illegality and material irregularity in passing the impugned judgment and order dated 23.08.1988 and w..Category: Property Law | Date: | Hits: 82
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....he child with her mother while roaming around. He also came to know that she had gone abroad leaving the child with her mother. Claiming that the child is not safe in that house and was not receiving proper care and attention, the respondent prayed for an order of custody and full care and control o...... Ahsan, son of Monjurul Ahsan Munshi.........Respondents Judgment June 9, 2011. Cases Referred To- Abdul Majid Sarker Vs. The State, 55 DLR (AD)1; Badiur Rahman Chowdhury Vs. Nazrul Islam and another, 16 BLD (AD) 263; Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 50 DLR (AD) 55; A......vil Petition for Leave to Appeal. 8. Mr. Md. Asaduzzaman, learned advocate appearing on behalf of the petitioner, submits that the learned Judge of the High Court Division committed a gross illegality by effectively acting as the executing Court by directing the petitioner to receive the mon..Category: Family Law | Date: | Hits: 327
Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....Leave to Appeal No.126 of 2006 were not represented. Mr. Sircer submits in support of the judgment and order of the High Court Division. He submits that the gazette notification which is impugned was properly and lawfully issued giving details of the area to be curtailed in the schedule of the circu...... (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Bera Pourashava and another………………Appellants (In Civil Appeal No.218 of 2007) Md. Abdul Mazid ..............e notice was proper and lawful. He further submits that the seven days’ notice as provided in Rule 3 is not a mandatory provision of law and, therefore, the High Court Division did not commit any illegality in discharging the Rules. 8. We have considered the submissions of learned counsel repr..Category: Election Law | Date: | Hits: 152
Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)
....2. The facts giving rise to the instant petition, in brief, are that the respondent No.1 as the plaintiff entered into an agreement on 02.05.2002 with the petitioner-defendant No.1 to purchase the property detailed in the schedule to the plaint by executing a bainapatra, on payment of Tk.15,00,......, Advocate-on-Record-For respondent No.1. Not represented- respondent No.2 & 3. Civil Petition for Leave to Appeal No.2239 of 2010. Arising out of C.M.P.No.716 of 2010. (From the judgment and decree dated 03.08.2010 passed by the High Court Division in F.A. No. 281 of 2008.) Order ......nt No.1 redeemed the mortgage and made the house vacant for execution and registration of the sale deed from 01.07.2002 up to 31.05.2003 and incurred a loss of Tk.20,000/-. Defendant No.1 issued a legal notice on 01.11.2002, but the said notice was returned without any endorsement. On 18.11.2002..Category: Property Law | Date: | Hits: 98
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