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Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....of the suit land the plaintiffs were required to pray for recovery of khas possession along with the prayer for declaration of title, the Courts below committed no error of law occasioning failure of justice in dismissing the suit and, as such, no interference is called for by this Court. 8. In v......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......rooqui with AM Ruhul Quddus, Advocates - For the Opposite Parties. Civil Revision No. 2608 of 1991. Judgment MA Wahhab Miah J. -This Rule was issued calling upon opposite parties Nos. 1‑3 to show cause as to why the judgment and decree dated 26‑5‑1991 passed by the Subordinate Judge,......dition. He further submits that except the cases as mentioned in the said section a Hindu widow cannot alienate a property having life interest. Mr. Rana submits that in view of the said provision of law the gift made by Manada Sundari in favour of Radheshyam Mistry and Gouranga Lal Mistry who are a..Category: Property Law | Date: | Hits: 65
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
...., the employee has a right of action either in a Superior Court in its writ jurisdiction or a Civil Court. (b) If the service of its employee is terminated in violation of the principle of natural justice, the employee has a similar right to action as in (a). (c) If the office is a statutory o......ssed by Munsif, Additional Court at Sylhet in Title Suit No. 110 of 1986 and decreed the suit. 2. The Rule was heard by a single Bench, who found the matter should be heard by a Division Bench and accordingly, sent the file to the teamed Chief Justice. Learned Chief Justice was pleased to direct .....................................Petitioner Vs. Syed Abidur Reza and others………………Opposite Parties Judgment July 31, 2004. Result: The Rule is discharged. Cases Referred to- BSIC Corporation Vs. Mahbub Hossain, 29 DLR (SC) 41; New Dacca Industries Ltd Vs. Quamrul Hud......maintainable; and also barred by limitation. The suit is hit by sections 6 and 42 of the Specific Relief Act and section 9 of the Code of Civil Procedure. Termination was issued as per requirement of law with all legal dues admissible under the law. The plaintiff was removed by termination simplicit..Category: Employment/Service Law | Date: | Hits: 174
....urt, however, is directed to dispose of the concerned suit expeditiously.
Communicate this order to the concerned Court immediately.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 749.......urt, however, is directed to dispose of the concerned suit expeditiously.
Communicate this order to the concerned Court immediately.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 749.......Electrical Industries Limited and another…………………Petitioner
Vs.
Sena Kalyan Sangstha and others……………Opposite Parties
Judgment
November 18, 1992.
Cases Referred to-
SK Ghandy Vs. LP Pugh, AIR 1924 (Cal) 598; VN Bhajekar Vs. KH Shinkar and ors, AIR 1934 (Bom......t that the plaintiffs have instituted the suit for the following reliefs:
a) To pass a decree declaring that the notice dated 3.9.92 for the Board meeting held on 7.3.92 is wholly illegal, without lawful authority, void, of no legal effect and mala fide.
b) To pass a decree declaring that the ..
Category: Company Law | Date: | Hits: 181
....' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
......' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
.......
Bangladesh, represented by the Secretary, Ministry of Works & others…………………..Respondents
Judgment
July 29, 1993.
Result:
The Rule is discharged.
Cases Referred to-
Rahela Khatoon Vs. Chairman, Court of Settlement and others, 45 DLR 5; Hosne Ara Begum Vs. Ch......23, 1986 in Bangladesh Gazette Extraordinary at page 9762 (26) against serial number 62 under the caption "Name of areas" Mohammadpur, Block 'F' Dhaka" shall not be declared to have been made without lawful authority and as to why the judgment and order dated 23rd May7 1989 passed by the Court of Se..
Category: Property Law | Date: | Hits: 81
Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ......ight to obtain delivery order as contended by Dr. Kamal Hossain. 13. Dr. Kamal Hossain argues that non-delivery of the cargo which was imported will affect seriously Bangladeshi currency and this, according to him, is an added ground for release of the cargo. The contention as no force inasmuch a......ery Industries (Private) Limited…………………Plaintiff Vs. M T Dolores………………Defendants Judgment August 8, 1993. Result: The plaint is returned. Cases Referred to- Stettin (1886‑1900), ASP RMC Vol. 6, 395; Sze Hai Tong Bank Ltd Vs. Rambler Cycle Co. Limit...... is maintainable. 4. In support of their respective contentions the learned Counsels for both the parties relied upon the statements made in the plaint, the documents/papers filed and the relevant laws which will be considered presently. 5. For disposal of this application it is necessary to s..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......1 by sending a draft proposal of the amendment to clause (2) of the said First Statutes to the Chancellor setting out the reasons for such change and the purpose to accomplish by such amendment. But, according to him, the change in the name of Salimullah Muslim Hall and other three Halls including, ......………………….Petitioner Vs. Syndicate, Dhaka University and others…………….Respondents Judgment March 22, 2004. Result: The Rule is made absolute. Cases Referred to- Kazi Moklesur Rahman, 26 DLR (AD) 44; AIR 1998 SC 602 and 2 AER (CA) 68, Dr. Mohiuddin Faruqu......limullah Hall. 2. Initially, a Rule Nisi was issued on 3‑2‑2003 calling upon the respondents to show cause why the said resolution should not be declared to have been taken or made without any lawful authority. Subsequently, having come to learn some new facts and with a view to avoiding futu..Category: Civil Law | Date: | Hits: 63
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
.... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ....... Khandoker Mahbubuddin Ahmed also argued that no notice of demand under section 9(1)(i) in the name of the appellant having been addressed, as required by rule 33, and service having not been proved according to law, the whole proceeding against the appellant is illegal and has been vitiated for wa......he Court of Bankruptcy Court and Additional District Judge, Dhaka. 3. The case of the plaintiff‑respondent Bank, in short, is that the Agrani Bank, Gulshan Branch, Granted a loan of Taka 28,6000 to the respondent Nos.2 and 3 and the appellant stood guarantor for the loan. Both the borrowers and......tegorically denied to have signed as guarantor in Exhibit 2, loan application vide its better statement accepted by Court and having adduced evidence in support of such case, the Court below erred in law in failing to consider such evidences and decide the question before passing judgment against th..Category: Civil Law | Date: | Hits: 83
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....assess the consignment on the plea that through public notice No. 171(97‑2000)/Import dated 27‑1‑2004 the item was declared as a banned one. The petitioner through his lawyer issued a demand of justice notice upon the respondents on 2‑3‑2004 requesting them to assess and release the goods ......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ...... Court High Court Division (Special Original Jurisdiction) Present: MA Wahhab Miah J Zinat Ara J Nur Kader (Md.)..............................Petitioner Vs. Commissioner of Customs & others.................Respondents Judgment March 22, 2004. Result: The Rule......er LC No.1945‑03‑1‑1838 dated 17‑11‑2003 on the plea of restriction imposed vide public notice No.71(97‑2000)/Import dated 27‑1‑2004 should not be declared to have been passed without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Fiscal/Taxation Law | Date: | Hits: 111
....al Court has therefore committed error of law in not noticing the principle governing amendment of the written statement which has resulted in an error in the impugned decision occasioning failure of justice.
10. In the result, this Rule is made absolute without any order as to costs. The impugne......or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51.......oner
Vs.
Bangladesh, represented by the Secretary, Ministry of Land & others...............Opposite Parties
Judgment
June 22, 2004.
Result:
The Rule is vacated.
Case Referred to-
Abul Kalam Azad and another Vs. Sushar Ali and others, 46 DLR (AD) 130.
Lawyers Involved:......nected papers including the application for amendment for the written statement and submits that by such amendment the entire complexion of the written statement has been changed which is contrary to law. Mr. Deb further submits that after the close of the evidence of the plaintiffs the written stat..
Category: Property Law | Date: | Hits: 71
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....d on 10‑2‑2000 and thereafter, the learned Assistant Judge has been pleased to dismiss the suit on 28‑2‑2000. 14. After this prologue, I find that the learned Assistant Judge has delivered justice without discussion and assessment of evidence that have been adduced by the respective parti......er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. .....................Petitioner Vs. Mafijul Islam Tarafder alias Kalu and others…….......Opposite Parties Judgment April 27, 2004. Result: The Rule is made absolute. Cases Referred to- AIR 1917 Lah 423; AIR 1921 Lah 156, AIR 1930 (All) 600. Lawyers Involved: Md. Rezaul Ho......e plaintiff was in right, title and possession of the suit land; (2) Whether the plaintiff has been dispossessed from the suit land by force against his will; (3) Whether the suit was barred by law; and (4) Whether the plaintiff was entitled to a decree for declaration of title with recover..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....section (4) of section 96 of the State Acquisition and Tenancy Act to join in the appellants application for pre‑emption. She cannot be granted the half of the case land in the name of even handed justice on the ground that both the pre‑emptors and the pre-emptee were found being co-sharers by ....... It was also contended by him, that after the purchase of the case land which comprises a pond, he had been possessing the same by irrigating water therefrom to his contiguous agricultural land. So, according to him, the petition for preemption was liable to be rejected. 5. In the trial Court pe......Ali (Md.) and others...............Petitioners Vs. Reza Mohammad & others.............Opposite Parties Judgment May 5, 2003. Result: The Rule is made absolute. Cases Referred to- Abdul Baten Vs. Abdul Latif Sheikh and others, 45 DLR (AD) 26; Idris Miah (Md.) Vs. Promode R......petition holding that the case land not being an agricultural land and being a pond in nature petition claiming preemption under section 96 of the State Acquisition and Tenancy Act was not tenable in law and that the case land being a nonagricultural land preemption could have been claimed under s..Category: Property Law | Date: | Hits: 79
Azam Reza Vs. State, 2004, 33 CLC (HCD)
....il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ...... Revisional Jurisdiction) Present: SM Hossain J Md. Miftahuddin Chowdhury J Azam Reza...............Accused-Petitioner Vs. State..................... Opposite Party Judgment October 2, 2004. Result: The Rule is discharged. Cases Referred to- Ashraf Ali Munshi Vs. ......lek, the learned Advocate for the petitioner, submits that the petitioner is an innocent person and his wife deceased Joyanti Reza committed suicide, but by taking the chance of suicide his mother-in-law instituted the false case against him. He further submits that, just after finding that his wife..Category: Criminal Law | Date: | Hits: 96
....ssued by the Board as to why the Managing Committee of the school should not be dissolved has been challenged, have committed error of law resulting in an error in the decision occasioning failure of justice in not rejecting the plaint.
In support of his contention Mr. Nurul Amin has referred th......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
...... 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......site parties. The learned Assistant Judge by the impugned order rejected the application holding that civil Court has jurisdiction to see as to whether show cause notice was issued in accordance with law.
3. Mr. Nurul Amin, learned Advocate appearing with Mr. Dewan Mukhdum, submits that in view o..
Category: Procedural Law | Date: | Hits: 72
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963....... 620 of 2011). Not represented-For Respondent Nos.2-4 (In Civil Petition No. 620 of 2011). Not represented-For the respondents (In Civil Petition No. 1428 of 2011). Civil Petition for Leave to Appeal Nos. 620 & 1428 of 2011. (From the judgment and order dated 19th January, 2011 pas......e to Appeal No.620 of 2011 to consider the following: - I. Whether the High Court Division was in error in nullifying the proceeding conducted by the Additional District Judge, inasmuch as the law does not say that trial by an Additional District Judge who was entrusted with the trial of Arth..Category: Civil Law | Date: | Hits: 59
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......nce of contract in respect of 3.49 acres of land of Plot No.9879 of S.A. Khatian Nos. 2257 and 2292 out of 8.66 acres of land. Plaintiffs case in short is that the respondent No.1 (defendant) entered to a contract for sale of the suit land with the plaintiff on 14th September, 1989 at a consideratio......ing those of the courts below and dismissed the suit. 5. Mr. Mahbubey Alam, the learned Counsel appearing for the plaintiffs contended that the learned Judges of the High Court Division erred in law in disbelieving the execution of the deed of contract for sale relying upon the subsequent eve..Category: Civil Law | Date: | Hits: 55
.... and decisions of the High Court Division and in the circumstances this appeal be dismissed on contest without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 921.
......as argued that the defendant No.1is the domesticated son-in-law of Purna Chandra and as such he is entitled to the right of residence, possessions and maintenance from the estate of his father-in-law according to Dayabhaga School of Hindu Law. The learned Advocate has argued that the revisional cour......t No. 35 of 1990 before the Court of Senior Assistant Judge, 3rd Court, Sadar, Chittagong for partition on declaration of title and recovery of possession of the suit land described in the schedule to the plaint.
3. The case of the plaintiff, in short, was that he along with Khirode Chandra Dey...... son of Purna Chandra, but it set aside the judgment of the trial court and dismissed the suit holding that the suit was barred by limitation and that the defendant No.1 being the domesticated son-in-law of the original owner Purna Chandra he cannot be evicted from the property of his father-in-law...
Category: Property Law | Date: | Hits: 49
Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)
.... in the Druto Bichar Tribunal, Chittagong, wherein charge under sections 120B/302/201/34 of the Penal Code was framed against them, to which the accused persons on dock pleaded innocence and demanded justice. Absconding accused Azimuddin Mahmud, Elahijan and Paritosh Rakshit were defended by a State......rs and perused the impugned judgment and order of the High Court Division and other connected papers on record. We find substance in the submissions of the learned Advocate for the petitioner and accordingly, leave is granted. Preparation of the paper book, as prayed for, is dispensed with. .................... Respondent Judgment February 27, 2012. Result: Leave is granted. Lawyers Involved: Md. Helaluddin Mollah, Advocate - For the Petitioners. Md. Shohrowardi, Deputy Attorney General - For Respondent. Jail Petition No. 17 of 2008 (From the judgment and order dat......and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Almgir Hossain and another Vs. State, 2012, 41 CLC (AD)
....fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ......fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ...... Leave is granted. Lawyers Involved: Zainul Abedin, Advocate on Record - For the Petitioner (In both the cases). No one - For Respondents (In both the cases). Criminal Petition for Leave to Appeal Nos. 348 and 349 of 2009. (From the judgment and order dated 20th January, 2009 passed ......der to substantiate the prosecution case, prosecution examined 16 (sixteen) witnesses who were cross-examined on behalf of the accused present in the dock and also cross-examined by the State Defence lawyer appointed on behalf of the absconding accused. From the trend of the cross-examination by the..Category: Criminal Law | Date: | Hits: 70
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
.... made of sterner stuff and must take a practical view of legitimate inferences flowing from evidence, circumstantial or direct.” 14. It is also established rule of the administration of criminal justice that the accused is taken as innocent when the Court takes up the case for trial even if he ......nt of co-accused Gopal Karmaker and as such, the High Court erred in law in maintaining the conviction of the appellant. 5. The High Court Division stressed upon the circumstantial evidence, which according to it, are sufficient to sustain the charge against the appellant. The High Court Division......espondent Judgment January 12, 2011. Result: The appeal is allowed. Lawyers Involved: A.K.M. Shahidul Huq, Advocate on Record - For the Appellant. Momtazuddin Fakir, Additional Attorney General, instructed by Giasuddin Ahmed, Advocate on Record - For the Respondent. Criminal ...... about the said forged deed, the victim instituted other class suit No.78 of 1987 in the Court of Munsif, Rawjan. After the institution of the suit the appellant and Shadhan Chowdhury, his brother-in-law, used to threaten her to withdraw the suit with dire consequence. The appellant had no talking t..Category: Criminal Law | Date: | Hits: 81
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....nt without at all considering and discussing the evidence of any of the witnesses examined by the contending parties and the same has resulted in error in the impugned decision occasioning failure of justice. 5. Mr. Oziullah, the learned Advocate for the opposite party, on the other hand, support......ndlord in respect of the suit premise and after her purchase he continued to be a tenant under the plaintiff at a rental of Taka 150.00 per month payable by the first week of the next following month according to the English calendar. It has been alleged by the plaintiff that the defendant paid rent......n (Md.)……………Defendant Petitioner Vs. Salenoor Begum………………Plaintiff Opposite Party Judgment June 26, 1997. Result: The Rule is made absolute. Case Referred to- Abdul Malek Miah Vs. Maya Debi and others, 1984 BCR (AD) 42. Lawyers Involved: Shahid A......nt moved this Court and obtained the present Rule. Mr. Shahid Ahmed, the learned Advocate appearing for the defendant petitioner, submits that the learned Senior Assistant Judge seriously erred in law in passing the impugned judgment without at all considering and discussing the evidence of any o..Category: Property Law | Date: | Hits: 64
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