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Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....pears to have no substance. The learned Advocate, in course of argument, has taken me through the judgments of the Courts below and other evidences on record and submits that both the Courts below on proper findings found that the decree in question in Title Suit No. 30 of 1998 is collusive and frau......High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Rafique Ullah (Md)………………………………………………..Petitioner Vs. Badsha Alam and others..................................Opposite Parties. Judgment August 30, 2005. Cas......of solenama between the pre-emptor Nos. 1 and 2 and pre-emptor No. 3 which clearly shows that the compromised decree in question was obtained by practicing fraud upon the Court in order to defeat the legal right of the pre-emptor-opposite parties. Mr. Bhuiyan further submits that the Courts below on..Category: Property Law | Date: | Hits: 67
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....te appears for the petitioner, while Mr. Idris Khan along with Mr. Nowshad Zamir, Advocates appears in opposition to the Rule. 7. In support of the Rule, Mr. Hoque submits that the trial Court, on proper finding of fact and upon correct appreciation of the evidence on record, rightly dismissed th......Court High Court Division (Civil Revisional Jurisdiction) Present: Zubayer Rahman Chowdhury J Badel Alam Howlader…………..…. Defendant-Respondent-Petitioner Vs. Falu Dewan and others…...............Plaintiff-Appellant-Opposite-Parties. Judgment February 11, 2004. ......Being aggrieved by the aforesaid order of cancellation, the plaintiff-opposite party filed Other Class Suit No. 31 of 1995 praying for a declaration that the order of cancellation of settlement was illegal and not binding upon them. 3. The suit was contested by the defendant, who denied the mater..Category: Property Law | Date: | Hits: 66
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
.... instituted a suit being Other Suit No. 96 of 2003 on 3-6-2003 in the Second Court of Joint District Judge, Chittagong against the opposite party Nos. 1-8 praying for declaration of title in the suit properties. In the suit in pursuance of an application the defendant opposite party No. 9 was impiea......onal Jurisdiction) Present: Hassan Ameen J Md. Awlad Ali J Bijan Kumar Das J AHM Khurshed Ali & others……………………………………Petitioners Vs. Md. Hashem Ali and others………………………………………Opposite Parties. Judgment February 8, ...... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ..Category: Procedural Law | Date: | Hits: 90
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
....stries and the aforesaid loan could not be repaid which unfortunately accumulated to Taka 79,13,42,887.12 inclusive of interest. The petitioner company mortgaged all its assets, movable and immovable properties including its machinery etc to respondent No. 3 bank as security for the loan. The petiti......R (2006) 207, 26 BLD (HCD) (2006) 361. ......ank, KD Ghose Road, Corporate Branch, Khulna making a demand of Taka 79,13,42,887.12 against the petitioners should not be declared to have been made and issued without any lawful authority and of no legal effect. 2. Subsequently, when the matter was taken up for hearing, an application for suppl..Category: Civil Law | Date: | Hits: 125
Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201.......esent: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Ali Akbar (Md.) ………………………………………………………………..Petitioner Vs. Government of Bangladesh and others……………………………Respondents. Judgment August 13, 2005. Lawyers ......r the post of acting Chairman (Chairman-in-charge) in his office should not be declared to have been issued in violation of the rules and the action of respondent Nos. 2, 3 and 4 in this respect is illegal and without lawful authority and of no legal effect. 2. The facts necessary for the disposa..Category: Election Law | Date: | Hits: 83
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....tion of the investigating officer in failing to notice that a naraji petition in a case is filed when the informant or complainant is dissatisfied with the conduct of the investigating officer in not properly investigating the case. 9. Section 265C empowers a Court to discharge an accused if it c......High Court Division (Criminal Revisional Jurisdiction) Present: SK Sinha J Shamim Hasnain J Ziaul Hoque Chowdhury (Md.)…………………………………Petitioner Vs. State and another……………………………………………….Opposite Parties. Judgment A......d his heirs AH Ahmed and others, 33 DLR (AD) 17, Rangaswami Vs. State of Tamil Nadu AIR 1989 (SC) 1137 and Rambilas Singh and others Vs. State of Bihar, AIR 1989 (SC) 1593. 5. Before we decide the legal points, let us consider whether or not there is sufficient ground for proceeding against accus..Category: Criminal Law | Date: | Hits: 49
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
....to clause 4 of the addendum No. 3 to the Agreement which provides for security to be furnished by Sea Consortium Pie Pvt. Ltd. the defendant No. 5 in any place in which the vessel or other vessels or property of the slot provider is arrested or attached or threatened with arrest or attachment for cl......………………………..Plaintiff Vs. MV X-Press Manaslu, MV X-Press Resolve & others………Defendants. Judgment February 6, 2006. Result: The vessels MV X-Press Manaslu and MV X-Press Resolve forthwith be released from arrest. Words and phrases Act of God A ......in connection with the ownership of the vessel MV X Press Manaslu and submits that even though some of the shareholders of Sea Consortium Pte. Ltd. and Manaslu Pvt. Ltd. may be same they are separate legal entities. He also refers to page-1 of the documents filed by the defendants on 26-12-2005 whic..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
.... be taken to have been filed for enforcement of any fundamental right of the petitioner including that of the freedom of press. The statements made in these two writ petitions, if considered in their proper perspective, do not disclose any case of infringement of fundamental right, let alone the fre......Reported in: 58 DLR (2006) 117. ......t No.3. Mr. Anwar Hossain, as printer and publisher on behalf of the petitioner No.2, Ittefaq Group of Publications Ltd, should not be declared to have been made without lawful authority and is of no legal effect. 4. In Writ Petition No. 3834 of 1999, Rule Nisi was issued calling upon the resp..Category: Information Technology Law | Date: | Hits: 324
Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)
....e Writ Petition should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: On 15-1-1971, petiti......riginal Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Moulana Md. Abdul Kader Azadi……………………………..Petitioner Vs. Government of Bangladesh and others………………………..Respondents. Judgment April 19, 2005. Lawyers Involv......1) of the Muslim Marriages and Divorces (Registration) Rules, 1975 as contained in Annexure B to the Writ Petition should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p..Category: Employment/Service Law | Date: | Hits: 81
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
.... the respondents should not be directed to refrain from taking any action or passing any order against the petitioner or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: 3. The petitioner was......(Special Original Jurisdiction) Present: Syed Mahmud Hossain J Syed Refaat Ahmed J Jahangir Hossain Howlader (Md.) …………………………………..Petitioner Vs. CMM, Dhaka and others...........................................Respondents. Judgment October 30, 2004. ......out of Sabujbag PS. Case No. 27 dated 16-1-2002 pending before the Chief Metropolitan Magistrate so far as it relates to the petitioner should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed to refrain from taking any action or pas..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....ther stated in the petition that the petitioners applies to the defendant No. 5 i.e. Secretary, Ministry of Works. Government of Bangladesh, for clearance to build a 2 Star International Hotel and on proper inquiry the defendant No. 5 gave permission to the petitioners for construction of the said h...... This Case is also Reported in: 58 DLR (2006) 103. ......tion money the acquisition authority cannot take possession of the acquired land. The learned Advocate further submits that a cursory reading of the impugned order shows that it suffers from patent illegality inasmuch as it is a non speaking order and on that count also the impugned order is not sus..Category: Civil Law | Date: | Hits: 99
Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
....n the exercise of their jurisdiction. The learned Additional District Judge can exercise revisional jurisdiction under section 115 on perusal of the record and can make such order as he finds fit and proper. But in the instant case, the petitioners did not give an opportunity to the learned Addition...... Case is also Reported in: 58 DLR (2006) 100.......impugned order No. 5 dated 5-5-2004 should not be stayed vide order No. 3 dated 22-5-2004 which was already directed by the learned District Judge without passing any order on merit which is highly illegal. 10. The point for determination is whether the learned Additional District Judge committed..Category: Procedural Law | Date: | Hits: 77
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....by a Division Bench of the High Court Division in Writ Petition No. 348 of 1985 making the Rule absolute-in-part with a direction to the writ respondent No. 1-Appellant to deliver possession of the properties of the writ petitioners-respondents at Daulatpur, Khulna together with all 25 godowns on ...... Government of Bangladesh represented by Secretary, Ministry of Jute, Secretariat Building, Dhaka..........................................................Appellant Vs. Helal Jute Press Ltd. and others……………..........Respondents Judgment July 21, 2009. Cases Referred To- ......st and thereupon new construction was taken over by Bangladesh Ware Housing Corporation (BWC) in the land of the writ petitioner No.1-respondent No.1. Writ-Petitioners obtained Rule challenging the legality of the Ordinance No. XXXVI of 1975 in Writ Petition No.325 of 1975 and in the said Rule Ban..Category: Property Law | Date: | Hits: 128
Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....on 4 of the Act his areas have been curtailed which the Government is authorized under the law to do consequently, the petition is dismissed." 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illega......lam J Md. Joynul Abedin J Md. Abdul Matin J Md. Bazlur Rashid ………………………............Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Dhaka & others .......................Respond......o do consequently, the petition is dismissed." 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is..Category: Civil Law | Date: | Hits: 105
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
....September, 1961 against Shamsuzzoha Begum in the 1st Court of Subordinate Judge, Bakergonj, Barisal and got an ex-parte decree. According to the writ petitioner said Shamsuzzoha Begum sold the said property to Anis Fatema Begum, the predecessor of interest of the appellant Md. Jahangir Alam suppre......1) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ...... of 2002 making the rule absolute and declaring the memo dated 15th January, 2002 of the writ respondent No.2, the Deputy Commissioner, Dhaka to have been issued without lawful authority and is of no legal effect. 2. The dispute relates to a piece of land appertaining to SA Khatian No. 955 of S.A..Category: Property Law | Date: | Hits: 71
Jabed Ali alias Kasai Jabed alias Mawra Jabed Vs. State, 2011, 40 CLC (HCD)
....vidence into the notice of the appellant as required by section 342 of the Code of Criminal Procedure. Such omission on the part of the trial Court is fatal inasmuch as by now it is well settled that proper compliance with the provision of section 342 is mandatory and failing on the part of the Judg......orney General - for the respondent. Criminal Appeal No. 3368 of 2004. Judgment Md. Ruhul Quddus J. - This appeal under section 30 of the Special Powers Act, 1974 is directed against judgment and order dated 9.8.2004 passed by Metropolitan Special Tribunal No. 6, Dhaka in Metropolitan Specia......saduzzaman Farazi, a Sub-Inspector of police, along with his forces, was on rescue duty on 6.4.1999, when he had received secret information that the appellant and his accomplices were repairing an illegal revolver sitting in the ground floor of City Law College. They had rushed to the place of occu..Category: Criminal Law | Date: | Hits: 44
Ziaul Karim Farazi and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....smissed the A.T. Case No. 89 of 2000. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 111, 63 DLR (AD) (2011) 119. ......) 111, 63 DLR (AD) (2011) 119. ...... (the present petitioners), called for the records of the case, fixing 07.12.2004 for filing memo-in-opposition. The order dated 27.09.2004 must be without any lawful authority and therefore is of no legal effect. 13. Heard the learned Advocate-on-Record and perused the petition and the impugned ..Category: Administrative Law | Date: | Hits: 215
Yusuf Jamil Babu Vs. Bangladesh and others, 2009, 38 CLC (AD)
....া পরিষদ অধ্যাদেশ, ২০০৮। 5. Moreover, the contention, if any, as urged by the learned Counsel for the petitioner, could be considered on material/evidence in a proper forum, i.e. the election tribunal. At the moment, we could not but, on the available material......Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedm J Md. Abdul Matin J Yusuf Jamil Babu.....................................Petitioner Vs. Bangladesh and others .........................Respondents Judgment February 5, 2009. Lawyers Involve...... above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 102. ..Category: Election Law | Date: | Hits: 116
Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)
....nt with damages. 8. Admittedly, the money was advanced under Moazzel system of banking which is a new concept of Islami banking system in our country. In by Moazzel system a party is given certain properties on a contract which is as follows: “১ বাই মোয়াজ্জাল চু...... High Court Division (Special Original Jurisdiction) Present: M Amin Chowdhury J Gour Gopal Saha J Islami Bank Bangladesh Ltd..……….Petitioner Vs. Shohag Medicine Supply and others………….Opposite Parties Judgment January 22, 1998. Cases Referred to- Am......delivery of medicines but he only repaid Taka 11,000.00 and after that till date he has not paid a single farthing for which the bank suffered loss and damages. It is submitted that the trial Court illegally found that in the agreement there was no condition of giving damage to the plaintiff in case..Category: Banking Law | Date: | Hits: 199
Shah Alam and others Vs. State, 2000, 29 CLC (HCD)
..... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ....... This Case is also Reported in: 52 DLR (2000) 566. ......accused were sent on further interrogation to police custody after recording of their alleged confessional statements and, as such, the alleged confessional statements of the accused-appellants are illegal and, as such, the same in no way can be considered in the Court of law and as such there being..Category: Criminal Law | Date: | Hits: 67
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