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Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......s 143/447/323/324/379/307/114 of the Penal Code and directing the trial Court to write a fresh judgment on retrial in the light of discussion of evidence made in the body of the judgment. 2. The informant filed a petition of complaint with the Magistrate, 1st Class, Nilphamari on 6‑11‑1996 ag......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......Magistrate, 2nd Class, Nilphamari in GR Case No. 178 of 1996 arising out of Nilphamari PS Case No. 3 dated 6‑12‑1996 under sections 143/447/323/324/379/307/114 of the Penal Code and directing the trial Court to write a fresh judgment on retrial in the light of discussion of evidence made in the ..Category: Criminal Law | Date: | Hits: 34
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
.... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ......t of an order dated 10‑7‑2002 passed by the Nari‑o‑Shishu Nirjatan Daman Tribunal, Rangpur in Nari‑o‑Shishu Nirjatan Daman Case No. 455 of 2001, allowing an application by the prosecution for re‑calling 6, witnesses already examined and discharged by the Court. 2. The prosecution ca...... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ......e field, in a battered condition. 3. The police after usual investigation submitted charge-sheet against appellant under section 9(1), (3) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 to face trial before the Court. 4. On the aforesaid allegations the accused persons were put on trial bef..Category: Criminal Law | Date: | Hits: 37
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
....ow as to who detained the accused. He further stated that Mohadeb came to place of occurrence but he fled away from the scene hurriedly. Mohadeb was an influential member of Panch Dona School. Being frightened, the Chairman did not catch hold of Mohadeb. He further stated that the accused Nannu disc......ed 19‑4‑1999 passed by the Special Tribunal No. 1, Narshingdi, in Special Tribunal Case No. 40 of 1998 convicting and sentencing the appellant under section 25B(2) of the Special Powers Act, 1974 for a period of 5 years and to pay a fine of Taka 1000 in default to suffer RI for 3 months more. ...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ......rge was framed against the accused-appellant under section 25B of the Special Powers Act. He pleaded not guilty and claimed to be tried when the charge was read out and explained to him. 5. At the trial out of 9 charge-sheeted witnesses 7 (seven) witnesses were examined as prosecution witnesses a..Category: Criminal Law | Date: | Hits: 43
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....not maintainable in law and the plaintiff has no cause of action. It was also alleged that the plaintiff indulged in various malpractice prejudicial to the interest of the school and, as such, he was rightly dismissed from service. It was further contended that after serving the show cause notice to......yanganj in Title Suit No. 91 of 1989 decreeing the suit. 2. The opposite party No.1 as plaintiff instituted a suit in the 4th Court of Assistant Judge, Narayanganj being Title Suit No. 91 of 1989, for declaration that order No. 63 dated 11-9-89 dismissing the plaintiff from the post of the Assist......for the petitioners that the suit as framed is not maintainable in law. 13. In service matters the Rules regulating disciplinary proceedings are required to be strictly followed in order to ensure fair-play and avoidance of any unwanted prejudice to the delinquent. In this case, the entire exerci......esolution dated 3-9-89 and the said resolution had already been sent to the Board for its approval and, as such, no illegality was committed in dismissing the plaintiff from his service. 4. At the trial the plaintiff examined himself as his only witness while the contesting defendant examined 2 w..Category: Employment/Service Law | Date: | Hits: 72
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......riage she went to the house of her husband and continued to live there. Out of their wedlock a son was born. The complainant noticed that the husband had been addicted to drinking and gambling from before. The accused used to demand dowry from her and used to cause mental and physical torture to her......y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......r of conviction and sentence dated 29-3-97 by Mr. Malay Talukder, Magistrate, 1st Class, Comilla in Cr Case No. 516 of 1994 under section 4 of Dowry Prohibition Act, 1980. 2. Complaint case at the trial was that, the complainant was married with the accused 4 years ago. Father of the complainant ..Category: Family Law | Date: | Hits: 175
....xpeditious trial and disposal of the case. It is stated that the petitioner was appointed for conduction of a particular case as a Special Public Prosecutor for which the petitioner acquired no legal right as no terms and conditions of his service as a Special Public Prosecutor is governed or regula......of the Supreme Court of Bangladesh. He was appointed as Special Prosecutor in pursuance of the order dated 8-5-97 passed by the Appellate Division of the Supreme Court of Bangladesh in Civil Petition for Leave to Appeal No.350 of 1997. In compliance of the said order the petitioner along with anothe......sdiction)
Present:
Mainur Reza Chowdhury J
M A Aziz J
Borhan Uddin (Md), Advocate………………………..Petitioner
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs and others………Respondents
Judgment
June 29, 1999.
Case Referred To-
Faridson......onsibility of the Special Public Prosecutor conducted the case efficiently honestly upto 10-9-89 and completed the examination of 7 (seven) witnesses. The petitioner had to file a petition before the trial Court about the brutal attack upon the informant SM Zillur Rahman and P.W.5 GM Anwar in the Co..
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....t and claimed compensation. 10. It appears from the record that it was not stipulated either in the sanction letter of the IDA project loan or in the cash credit advance that the bank reserves the right to deduct the IDA credit amount from the cash credit advance. The bank in this case it appears...... Judge Feni in Money suit No. 01-1990 who by his judgment dated 31-1-1991 decreed the suit in part. 2. The short fact leading to this appeal is that the plaintiff instituted the suit alleging that for obtaining loan under IDA credit he applied before the local Sonali Bank Feni for establishment o...... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75.......laintiff demanded Taka 1, 36, 46,120 from the bank. Subsequently, the plaint was amended and the demand was made for Taka 60.00 lac as loss during four years of stoppage of the mill. 4. Before the trial Court defendants 1 and 2 entered appearance and contested the suit by filing joint written sta..Category: Civil Law | Date: | Hits: 72
Sk Abul Kashem Vs. Abdus Samad Biswas, 1999, 28 CLC (HCD)
.... to costs. The order of stay granted earlier by this court is hereby vacated. Communicate this order to the court below at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 70. ......at the instance of the plaintiff under section 115 of the Code of Civil Procedure is directed against an order passed by District Judge, Magura in Title Appeal No.52 of 1996 rejecting the application for withdrawal of the case. 2. The short facts relevant are that, the petitioner being plaintiff ...... to costs. The order of stay granted earlier by this court is hereby vacated. Communicate this order to the court below at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 70. ......ra and one Keranti share. The opposite party being defendant Nos.4 (Ka) to 4(uma) contested the suit by filing written statement denying all material allegations made in the plaint. 3. The learned trial Court decreed the suit by his judgment and decree dated 26-2-96. 4. Being aggrieved by the ..Category: Property Law | Date: | Hits: 30
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
....ASAKAKA Pa: Ni : Shakha /l1/2003/145 dated 25-6-2003 (Annexure A) for appearing in the Viva-Voce Examination issued under the signature of the respondent No. 2 which is violative of their fundamental rights guaranteed by Articles 27, 29 and 31 of the Constitution. The respondents in order to ensure ......64 Cal 265, 272; Shearer vs. Shield 1914AC 808; Dr. Nurul Islam vs. Bangladesh 1981 BLD (AD) 140 = 33 DLR (AD) 201; Mansurul Aziz and another vs. Secretary, Ministry of Land Administration and Land Reforms and others 1981 BLD (AD) 75; Khondker Moshtaque Ahmed vs. Bangladesh 1982 BLD (AD) 39 =34 DLR ......entative capacity. The respondent No. 1 is the Public Service Commission, the respondent No. 2 is the Chairman of the Commission, the respondent No. 3 is the Secretary, Ministry of Liberation War Affairs and the respondent No. 4 is the Secretary, Ministry of Establishment. The petitioners impugn...... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ..Category: Employment/Service Law | Date: | Hits: 134
Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)
....t Judge at Dhaka and dismissed the suit. 2. On 26-6-89 the plaintiff instituted a suit. being Title Suit No. 119 of 1989 against the opposite parties for a decree of declaration of easement right over the pathway fully described with a sketch map in the schedule 'Kha' to the plaint and als......um Saheda Nur……………………..Opposite-Parties Judgment February 15, 2007. Result: The Rule is made absolute Right to easement If a pathway is used for egress and ingress from his (her) land by anybody for more than twenty years as an easement, nob......er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ......thway toward the south. He further contended that he gave the fencing about 12 years back. He denied that the plaintiff ever acquired any easement over the pathway. 9. Upon the pleadings, the trial Court settled number of issues including the one whether the plaintiff acquired any right..Category: Property Law | Date: | Hits: 30
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
....t of the Courts below. He adds that there was sufficient evidence that the plaintiff-opposite party No. 1 performed administrative, managerial and supervisory function. Therefore, the Court below rightly and legally held that he was not a 'worker'. 11. Admittedly, the plaintiff-opposite p......f, are that the opposite party No. 1 as a plaintiff filed Other Class Suit No. 196 of 1992 in the Court of the Senior Assistant Judge, Mymensingh Sadar in which the petitioner was the defendant No. 3 for declaration that the order of dismissal of the plaintiff-opposite party No.1 from the service vi...... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ...... and, as such, his remedy was available in the Labour Court, created under a special law and, as such, the suit was barred by law. The plaintiff filed written objection, against that application. The trial Court after hearing both the sides by the order dated 15-5-1994 rejected that application file..Category: Employment/Service Law | Date: | Hits: 69
Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)
....rent landless cultivators by registered kabuliyat without taking salami and the settlement holders have been possessing the same. Neither the defendants nor their predecessor-in-interest had ever any right, title, interest and possession in the suit land. Abdur Rahim, the predecessor-in-interest of ...... Class Suit No. 82 of 1994 dismissing the suit. 2. The plaintiff-appellant-opposite party No. 1 (Government) initiated Other Class Suit No. 82 of 1994 in the Court of Assistant Judge, Gouripur for cancellation of the order pronounced ex parte on 23-6-72 in Miscellaneous Case No. 221 of 1969 b......-charge), Gouripur passed in Other Class Suit No. 82 of 1994 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 154. ......e party No.1 (Government), whether the suit being No. 82 of 1994 is barred by limitation and whether the ex parte order dated 236-72 was passed in that Miscellaneous Case lawfully. 8. During trial of the aforesaid suit plaintiff examined only one witness (Tahshilder) and the defendant exami..Category: Property Law | Date: | Hits: 32
Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)
....ore, dismissed. 23. The respective parties are directed to bear their respective costs. Send down the LC Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 151. ......nd decree dated 18-54986 and 22-5-1986 respectively, passed in Money Suit No. 65 of 1985 by the Commercial Court (Subordinate Judge, 2nd Court) Chittagong. 2. The plaintiff instituted the suit for recovery of money on account of damage of imported cotton. 3. The plaintiffs case, in sho......ore, dismissed. 23. The respective parties are directed to bear their respective costs. Send down the LC Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 151. ......d by the plaintiff according to the Carriage of Goods by Sea Act. 6. During the pendency of the suit, the plaintiff examined one witness PW 1, Ali Md Selim and the defendant examined none. The trial Court framed the following issues which are as follows- 1. Is the suit maintainable in..Category: Civil Law | Date: | Hits: 87
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
.... out a case for recount. In such circumstances, the view of the Election Tribunal that the recount of votes was essential for the ends of justice has got no basis for the recount of the votes and was rightly reversed by the learned Additional District Judge. None of the decisions cited on the recoun...... Procedure against the judgment and order dated 16-10-05 passed by the Additional District Judge at Sherpur in Civil Revision No. 16 of 2005, which reversed the order of the Election Tribunal calling for election materials for recounting of the votes. 2. Short facts for disposal of the Rule a...... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ...... objection denying all the allegations. 4. The petitioner and the opposite parties both examined three witnesses each in support of their respective cases. After closure of the evidence at the trial of the case, the Election Tribunal fixed 8-5-2004 for arguments. 5. Then, it appears ..Category: Election Law | Date: | Hits: 99
....ing a person performing any function in connection with the Republic to do that which he is required by law to do. As has already been observed, in this writ of mandamus the Rule as issued covers a right and interest already created by dint of the issuance in the past of both NOC and licence in re......
Salma Masud Chdwdhury J
Syed Refaat Ahmed J
MGH Infocomm Ltd......................................Petitioner
Vs.
Bangladesh, represented by Secretary, Ministry of Information....Respondent
Judgment
December 14, 2006.
Cases Referred To-
R......this case. These factors have operated to convince this Court that both the duty of the respondent to exercise its statutory discretion as well as its duty to ensure that such discretion is exercised fairly and reasonably are duties enforceable by virtue of this writ of mandamus. Further, these enfo......e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131...
Category: Information Technology Law | Date: | Hits: 171
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....by the learned trial judge relying on the said decision reported in 27 DLR (AD) 114 (supra) Anyway, in the said decision, it has been held in paragraph 5. "5. The pre-emptor wanted to exercise his right of pre-emption in respect of the disputed land on the ground that he was a co-sharer tenant of......plot by way of purchase. The pre-emptor has been owning and possessing the 0.20 acres by erecting houses thereon. Be that as it may, on 20-12-1998 the opposite party Nos. 2 and 3 transferred the aforementioned 0.15 acres to the pre-emptee-petitioners behind the back and without the knowledge of ......er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......n. As such, the case of the pre-emptor should be thrown out. 5. After hearing the parties and on appraisal of the evidence and materials on record and in the facts and circumstance of the case the trial Court dismissed the case on the observation, inter alia, that the pre-emptor opposite party No..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....of the lease agreement (Exhibit 3) wherein it has been laid down that in case of default in payment of premium after registration as per Schedule I Clause a, b, c, d & e, the lessor will have the right to terminate the lease without reference to the Court. He submits that the reliefs sought were......Bank, 54 DLR 310. Syed Noor Md. Shah vs. Fakir Mohammad, PLD 1976 (Karachi 14). Lawyers involved: TH Khan. Senior Advocate with Md. Mosharraf Hossain Sarder and Md. Mainuddin, Advocates-for the Appellant. Abdur Razzaq, Senior Advocate with Mohammad Hossain, Advocate—For the Re......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......was in possession in the suit land. d) Whether the plaintiff was entitled to get a decree as prayed for. e) To what relief, if any, the plaintiff was entitled to. 6. In course of trial, the plaintiff examined two witnesses, of whom PW 1 Abdul Matin Crore proved the letter dated ..Category: Property Law | Date: | Hits: 31
Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)
....e material issue was, as to what the parties really intended to achieve by such transaction. Had it been a mortgage the sellers would be the real beneficiaries and found interested in defeating the right of preemption. But none of the sellers appeared and contested the case. None of the Courts bel......id J Muktar Hossain and others……. Petitioners Vs. A Matin Sarker and others……. Opposite-Parties Judgment January 29, 2007. Lawyers involved: Jafor Alim Khan, Advocate—For the Petitioner. Not Represented—the Opposite Parties. ...... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ......the Code of Civil Procedure against judgment and order dated 8-7-2002 passed by Joint District Judge, Court No. 1 at Munshiganj in Miscellaneous Appeal No. 58 of 2000, which affirmed the order of the trial Court dismissing the prayer for preemption. 2. Petitioners made an application under se..Category: Property Law | Date: | Hits: 27
Fazlul Hoque Patwary (Md) & others Vs. Md. Rezaul Hoque Patwary & others, 2006, 35 CLC (HCD)
....Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ......lass Suit (Partition) No. 1 of 2005 in the Court of the Joint District Judge, 2nd Court, Lalmonirhat. In that suit he filed a petition under Order XXXIX, rule 1 of the Code of Civil Procedure praying for ad interim injunction restraining the defendants from changing the nature and character of the s......Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ......ndants from changing the nature and character of the suit property and from proceeding with the construction work. The present appellant along with others appeared and contested the same. The learned trial Court by the impugned judgment and order allowed the petition and restrained the defendant Nos..Category: Property Law | Date: | Hits: 46
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
.... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ......by its Administrator, Narayanganj; Chairman, Narayanganj Paurashava and others vs. Abdur Razzak 46 DLR 295; Zakia Sultana vs. Maksuda Parvin 8 BLC 168. Lawyers involved: AKM Abdul Hakim for Kamal-ul-Alam, Advocate — For the Petitioners. Md. Khurshid Alam Khan, Advocate—For t......e Paurashava without complying with provisions of section 152 of the Paurashava Ordinance, 1977 and the suit was decreed. The appellate Court affirmed the decree passed in the suit In such state of affairs, the High Court Division set aside the judgment of both the Courts below for non-compliance wi...... of previous grudge and enmity, the plaintiffs have filed this suit. 5. Both the parties examined witnesses and adduced documentary evidence in support of their respective cases. 6. The trial Court decreed the suit. The contesting defendants appealed against the decree. The lower appel..Category: Property Law | Date: | Hits: 25
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