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Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....l in question that vires of the Local Government (Upazila Parishad and Upazila Administration Reorganisation) (Repeal) Ordinance, 1991 (Ordinance No.37 of 1991). 2. As common question of law and facts are involved, these Rules have been heard together and are being disposed of by this judgment...... 4. Kudrat‑E‑Elahi Panir (In Writ Petition No. 3002 of 1991)…………………….Petitioners Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development and Co‑operative (Local Government Division), Government of Bangladesh, Bangladesh Secretariat, D......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....s in favour of the plaintiffs as in those two suits the plaintiffs had shown causes of action as well as they made prayers for a decree for certain amounts as compensation of their damaged goods. The facts of the present suit are identical with those of the two other suits decreed, but as the plaint......DLR (HCD) (1992) 171.......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171...Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)
....ry affidavit filed by the respondents) which according to him is an important material in support of the grounds supplied to the detenu. From the report it appears that it is a mere narration of some facts by a police officer without any reference to any source from where those facts were collected ...... Present: Abdul Jalil J Abdul Hasib J Faisal Mahbub ............……..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat Buildings, Dhaka and others...................Respondents Judgment January 15, 1992. Result: The rule i......Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ..Category: Criminal Law | Date: | Hits: 81
Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)
....Court, Brahmanbaria reversing the judgment and decree dated 27.06.1995 passed in Title Suit No.44 of 1993 by the learned Senior Assistant Judge, Sarail, Brahmanbaria, dismissing the suit. 2. The facts leading to the filing of this petition for leave to appeal, in short, are: 3. Opposite part......in CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Yunus Kha and others …………………………….............Petitioners Vs. Abdul Momin and other......ation of materials on record do not call for interference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ..Category: Property Law | Date: | Hits: 73
Bangladesh Public Service Commission and another Vs. Maloti Rani Mondol, 2011, 40 CLC (AD)
....er of the Administrative Tribunal the petitioner preferred the above mentioned A.A.T. Appeal No.49 of 2009. The Administrative Appellate Tribunal, after hearing both the parties and considering the facts and circumstances, allowed the appeal setting aside the judgment and order of the Administrati......Mahmud Hossain J Muhammad Imman J Muhammod Mamtaz Uddin Ahmed J Md. Shamsul Huda J Bangladesh Public Service Commission represented by its Chairman Public Service Commission Secretariat and another …………………………......Petitioners Vs. Maloti Rani Mondol ………......ter hearing both the parties and considering the facts and circumstances, allowed the appeal setting aside the judgment and order of the Administrative Tribunal holding mainly that there was no legal evidence on record to prove the guilt of the petitioner before the enquiry officer. 6. Bangladesh..Category: Administrative Law | Date: | Hits: 210
Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)
....d the above mentioned Civil Revision No.1606 of 2001 and obtained the Rule. A Single Bench of the High Court Division, on hearing the learned Advocate for the appellant-petitioner and considering the facts and circumstances and relevant laws, made the Rule absolute making observations to the effect ...... Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaj Uddin Ahmed J Md. Shamsul Huda J Md. Bande Ali Miah being dead his heirs: 1(a) Payesy Begum and others .........Petitioners Vs. The ......o was given to the original owner. That a 120 feet wide road has been constructed on the suit land and the plaintiffs are not residing in the suit land. 5. The trial court, on consideration of the evidence adduced by both the parties, decreed the suit holding that since before completion of the p..Category: Property Law | Date: | Hits: 65
.... for leave to appeal is directed against the judgment and order dated 26.08.2009 passed by a Division Bench of the High Court Division in Writ Petition No.2147 of 2007 discharging the Rule.
2. The facts leading to the filing of this petition for leave to appeal, in short, are:
3. The petitione......n Ahmed J
Md. Shamsul Huda J
S. M. Zakir Hossain .................................Petitioner
Vs.
The People's Republic of Bangladesh represented by its Secretary, Ministry of Education and others………………………………………………….... Respondents
Judgment
M......d on proper appreciation of law and facts and as such call for no interference.
The leave petition is thus dismissed summarily.
Ed.
This Case is also Reported in: VIII ADC (2011) 600.
..
Category: Employment/Service Law | Date: | Hits: 108
Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)
....rt of the District Judge, Comilla and that appeal was ultimately heard and disposed of by the Additional District Judge, Comilla. The appellate court below, on consideration of the evidence and the facts and circumstances found that the defendant executed the kabala deed in question on receipt of ......ossain Chowdhury, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 643 of 2009. (From the judgment and decree dated 30.11.2008 passed by the High Court Division in Civil Revision No.1047 of 2007.) ......ining the signatures of the defendant the plaintiff might have created the alleged kabala deed. This defendant prayed for dismissal of the suit of the plaintiff. 4. Both the parties adduced some evidence before the trial court in order to prove their respective cases. The trial court, on consid..Category: Property Law | Date: | Hits: 74
Mosammat Moslema Khatoon Vs. Most. Rasheda Khatoon and others, 2011, 40 CLC (AD)
....nary decree as well as the final decree passed in that Partition Suit No.194 of 1984 illegal. That the trial court being the first court of fact and the appellate court below being the final court of facts their concurrent findings as to non-service of summons upon the defendants in the original p...... Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Mosammat Moslema Khatoon .................................................Petitioner Vs. Most. Rasheda Khatoon and others……………….........................Respondents Judgment June 22, 2011. Re......ssession of land was delivered on 28.03.1988 and that Dhali Bibi has been possessing the suit land on the strength of her right and title. 4. The learned Assistant Judge, on consideration of the evidence adduced by the parties, decreed that Other Class Suit No.43 of 1989 holding only that in th..Category: Property Law | Date: | Hits: 80
Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)
.... some other allegation would not be of any avail to the authority in finding the petitioner guilty of the charge on 24.7.1985. The learned Labour Court appears to have suffered under misconception of facts and law. The learned Labour Court also observed: "From the termination letter Ext‑A it ap...... High Court Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Mainur Reza Chowdhury J Modares Miah ...........Petitioner Vs. The Chairman, 1st Labour Court and another..................Respondents Judgment December 17, 1991. Result: The rule is......a reply thereof on 27.7.85, but the same being not satisfactory, the respondent No.2 terminated the petitioner's service instead of dismissing him from service. The respondent No.2 did not adduce any evidence before the Labour Court, but produced only one paper Exhibit‑E which is marked as Annexur..Category: Labour and Industrial Law | Date: | Hits: 148
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ......im @ Ibrahim Vs. State, 41 DLR 524; Arshadullah Vs. the State, 21 DLR 684;Bhuboni Sahu Vs. The King, 2 DLR 39; Kochi @ Jishan & ors. Vs. The State, 8 BLD, 412. Lawyers Involved: Zakir Ahmed and Md. Ashfaqul Islam, Advocates ‑ For the Appellants. Shah Azizur Rahman Assistant Attorney G......deposed as P.W.9, Constable No.250 Abu Taher deposed as P.W.10 and the Investigating Officer Mr. Tajul Islam (P.W.1) also deposed as P.W.11. 4. The learned Special Tribunal on consideration of the evidence of this witness and other circumstances on record found the accused‑appellant guilty unde..Category: Criminal Law | Date: | Hits: 85
Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)
....guments the learned Additional Government Pleader and Assistant Government Pleader stated that they accepted the award and prayed to the court not to impose any cost on the government. In view of the facts and circumstances, the learned Subordinate Judge allowed the Miscellaneous case and made the a......adar, 6 DLR 478; Messrs R Sim & Co Vs. Messers Pak Industries Ltd., 8 DLR 305; Government of Bangladesh Vs. Jalaluddin Ahmed 37 DLR (AD) 27; Shambhu Nath Vs. SM Surja Devi, AIR 1961 Allahabad 180 and Ganesh ChandraMisra Vs. Artatrana Misra, AIR 1965 Orissa 17; Federation of Pakistan Vs.H Ghulam ......n account of VAT. The Chief Engineer, R&H, appointed Mr. JB Barua, Superintending Engineer, R&H (Planning) Dhaka, as the arbitrator. The Arbitrator commenced arbitration proceedings, recorded evidence of the parties and found that the contractor was not liable for falling of the 200-foot lon..Category: Alternative Dispute Resolution | Date: | Hits: 147
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....he plaintiff has been filed against the decree passed by the learned Subordinate Judge, First Commercial Court at Sadar, Chittagong in Mortgage Suit No.73 of 1983. 2. This appeal arises out of the facts, in short, that the plaintiff-Bank filed the Mortgage Suit against the defendants-respondents ....... ......tiffs) custody and for that the defendants suffered huge loss, that plaintiff has not accounted for the same and that the suit is liable to be dismissed. 4. The trial Court on consideration facts, evidence and materials on record, the suit finding that the suit is not maintainable. This has resul..Category: Business or Commercial Law | Date: | Hits: 196
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
.... 20. Be that as it may, the question is, whether we should believe the story given in the First Information Report or the statement of the informant which he made as P.W.2. Considering the peculiar facts and circumstances and the evidence of some of the P.Ws. we are of the view that the evidence o...... the State. Criminal Appeal No.538 of 1995. Judgment Md. Hamidul Haque J.- This appeal at the instance of sole convict appellant Khorshed is directed against the judgment order of conviction and sentence passed by the learned Additional Sessions Judge, 5th Court, Dhaka in Sessions Case No.4......d 15 witnesses. At the time of trial, the informant gave a different version of the case and defence took the plea that the injury was caused by “hijackers”. However, after considering the entire evidence on record, the trial Court found the accused guilty of the charge and sentenced him as ment..Category: Criminal Law | Date: | Hits: 54
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....favour of contesting defendants No.1-4. It is true that the lower appellate Court has not considered the evidence of the witnesses excepting the evidence of D.W.2 but such non consideration in the facts and circumstances of the case has not occasioned any failure of justice. 11. The plaintiff ......ower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......g the said Kabala lands as described in schedule ‘Ga’ to the plaint. Accordingly, the contesting defendants prayed for dismissal of the suit. 5. The learned trial Court on consideration of the evidence on record decreed the suit whereupon the contesting defendants preferred Title Appeal No.22..Category: Property Law | Date: | Hits: 65
....the suit property on the basis of the alleged settlement from the Government. The defence has totally failed to prove by any evidence as to how the contesting defendants possess the suit land. In the facts and circumstances of the case, it must be held that the paper relied on by the contesting defe......
(Civil)
Present:
Gour Gopal Saha J
Hindu Deity Lakshmi Gobinda Jew………………Petitioner
Vs.
Deputy Custodian, Enemy Property (now Vested Property), Government of Bangladesh and others...………..Opposite Parties
Judgment
August 16, 1998.
Result:
The Rule is ......
7. Mr. AB Roy Chowdhury, the learned Advocate appearing for the petitioner, submits that the learned Courts below evidently erred in law in dismissing the suit without admitting and considering the evidence of any of the eight witnesses examined by the contending parties and on misconstruction of ..
Category: Property Law | Date: | Hits: 102
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....rted in 34 DLR 221 went a step further and held, “The law of restitution of conjugal right is void” while disposing of a Rule arising out of an application under section 24 of the CPC. 17. The facts of the present case are no doubt heart-rending and painful but I am not embarking upon any dis...... in: 51 DLR (HCD) (1999) 295.......angladesh on 29-9-1996 with a view to out of the criminal case, filed Family Suit No.27 of 1996 just as a counter blast. 10. Family Suit No.27 of 1996 was filed on 30-9.96 and after the closing of evidence of both the sides as many as 4(four) dates i.e. 23-11-97, 5-1-98, 8-1-98 and 3-2-98 were fi..Category: Family Law | Date: | Hits: 166
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ......………………Opposite Party Judgment March 3, 1998. Result: The application is summarily rejected. Cases Referred to- Abdul Kadir Vs. Salima, (1886) 8 All 149; Khodeza Begum and others Vs. Md. Sadeq Sarker, 1998 BLD 31; Anis Begum Vs. Md. Mostafa Wale, (1933) 55 All 743. ......intenance but the defendant refused to do either. 8. During the pendency of the suit she gave birth to a baby boy in the month of Poush. 9 The trial Court and the appellate Court considered the evidence of all the witnesses at length and found that the marriage between the plaintiff and the de..Category: Family Law | Date: | Hits: 166
Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)
....passed in Title Suit No.108 of 1988. By this impugned order the learned Senior Assistant Judge allowed the case of the opposite party under Order 9 rule 13 of the Code of Civil Procedure. 2. Short facts relevant for disposal of the case are that, the petitioners as plaintiffs instituted a suit in......sistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290...Category: Procedural Law | Date: | Hits: 58
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....of 1992 allowing appointment of receiver during the pendency of the appeal, should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts giving rise to this Rule are that the plaintiff petitioners instituted a suit being Title Suit...... Reported in: 45 DLR (HCD) (1993) 675. ......R Case No.11 of 1983 under section 145 or the Code of Criminal Procedure in respect of the suit property. Sub‑section (4) of section 145 provides that the learned Magistrate after inquiry by taking evidence of both the parties and considering documents, if any, shall decide as to which of the part..Category: Property Law | Date: | Hits: 68
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