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Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)
....t of Narayanganj. The aforesaid local musallis of the area being dissatisfied with the functions of the aforesaid joint mutawalli held a meeting on 11-7-1982 and formed a committee consisting of 7 persons with the petitioner Shahabuddin Ahmed as its Secretary for proper maintenance, better managemen......h occasioned a failure of justice, as the respondent-opposite party failed to prove that the notice was not duly served or that he was prevented by sufficient cause from appearing when the appeal was called on for hearing. Accordingly, the judgment and order of the learned Additional District Judge,......1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ......This Rule at the instance of the appellant-petitioner was issued under section 115 of the Code of Civil Procedure, calling upon the respondent opposite party No.1 to show cause as to why the Judgment and order No.60 dated 18-10-1993, passed by the Additional District Judge, Narayanganj, in Miscellan..Category: Trust/Waqf Law | Date: | Hits: 189
....an executive body consisting of 24 members comprising a President, one Senior Vice-President, one Secretary and 21 other directors and is called the Board of Directors. According to the Articles of Association of the Chamber of Commerce, one-third members of the Board of Directors are to retire ever......e Chamber of Commerce has about 4,000 general members. It has an executive body consisting of 24 members comprising a President, one Senior Vice-President, one Secretary and 21 other directors and is called the Board of Directors. According to the Articles of Association of the Chamber of Commerce, ......tending that neither the original suits nor the injunction petitions are maintainable in view of sections 54, 55 and 56 of the Specific Relief Act.
11. By separate judgments both dated 8-10-98 the trial Court rejected both the petitions for injunction.
12. The first set of plaintiffs preferred......
This Case is also Reported in: 51 DLR (HCD) (1999) 538...
Category: Company Law | Date: | Hits: 198
Jalal Uddin Ahmed (Md.) and others Vs. Delwar Hossain and others, 1999, 28 CLC (HCD)
....e appellate stage, this objection was taken by the pre-emptees to abatement of the pre-emption cases and it was urged before the appellate Court that, consequently and on the same ground the appeal also should he allowed because the original pre-emption cases had already abated, and thus the trial C......nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552.......ases. He is a co-sharer and the pre-emptee does not deny that he is a stranger. The pre-emption Miscellaneous case Nos. 18 and 19 of 1992 were filed in time and making necessary deposits in time. The trial Court after hearing the pre-emption cases analogously allowed the pre-emption cases on contest...... once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552...Category: Property Law | Date: | Hits: 58
Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)
....cted against the judgment and order dated 6-6-91 passed by the learned Sessions Judge, Faridpur, convicting the accused-appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and ordered to pay a fine of Taka 5,000.00, in default to suffer rigorous imprisonm......been found from the evidence of almost all the private PWs that he (accused-appellant) was not at home on the date of occurrence inasmuch as he came there in the night. In this connection it may be recalled here that the evidence to the effect that accused-appellant returned to the house after worki...... as well as facts and circumstances of the case framed charge under sections 302/201 of the Penal Code and read it over to the accused person in open Court to which he pleaded not guilty and demanded trial. 4. The prosecution examined 13 PWs and all of whom were cross-examined by the defence. Aft......Kalam Mollah…………………………… Appellant Vs. State………………………………………….. Respondent Judgment June 15, 1999 . Case Referred to- Zaheda Bewa and another vs. State, 37 DLR 66 =1985 BLD 9. Lawyers Involved: Md. Khurshid Alam Khan, Advoca..Category: Criminal Law | Date: | Hits: 32
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
.... Thereafter, this present application has been filed for restoration for hearing of the present Miscellaneous Case again on merits. 2. Heard the learned Counsel for the accused petitioner at a reasonable length and perused the petition. 3. The learned Counsel submits that the said Criminal Mi...... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......he case of Babulal Agarwala Vs. State reported in 13 DLR 1, it has been held that a Criminal Court cannot review its own judgment nor can alter it. 7. In this case, the accused petitioner can face trial where he can vindicate his grievance and that scope is very much open. However, we confine our...... Abu Sayeed Ahammed J. - This Criminal Miscellaneous Case No. 1332 of 1998 was filed under section 561A of Code of Criminal Procedure by the present petitioner Mostafa Aminur Rashid which was heard and disposed of by this Bench on 2-2-99. Against that the Criminal Petition for Leave to Appeal No. ..Category: Criminal Law | Date: | Hits: 55
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
.... Thereafter, this present application has been filed for restoration for hearing of the present Miscellaneous Case again on merits. 2. Heard the learned Counsel for the accused petitioner at a reasonable length and perused the petition. 3. The learned Counsel submits that the said Criminal Mi...... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......he case of Babulal Agarwala Vs. State reported in 13 DLR 1, it has been held that a Criminal Court cannot review its own judgment nor can alter it. 7. In this case, the accused petitioner can face trial where he can vindicate his grievance and that scope is very much open. However, we confine our...... Abu Sayeed Ahammed J. - This Criminal Miscellaneous Case No. 1332 of 1998 was filed under section 561A of Code of Criminal Procedure by the present petitioner Mostafa Aminur Rashid which was heard and disposed of by this Bench on 2-2-99. Against that the Criminal Petition for Leave to Appeal No. ..Category: Criminal Law | Date: | Hits: 52
Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)
....d that respondents cannot compel the petitioner to furnish his bank account as the disclosure of the same would affect the secrecy attached to bank accounts and, as such, impugned letter dated 6-7-98 so far as it relates to furnishing bank accounts statements of the petitioner from 1-7-97 to 15-6-98......m for breach of duty and he cannot be compelled to disclose bank account of himself or his clients. By letter dated 11-7-98 (Annexure C) petitioner prayed for 15 days’ time to furnish the documents called for from him. Thereafter by letter dated 13-7-98 (Annexure D) respondent No. 2 allowed petiti......he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534....... Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hussain J Khurshid Alam…………………………………Petitioner Vs. Securities and Exchange Commission and others……………….. Respondents Judgment July 26, 1999. ..Category: Banking Law | Date: | Hits: 196
Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
....hat by the impugned order dated 4-10-96 the plaintiff was simply asked to show cause as to why disciplinary action should not be taken against him and an Enquiry Committee constituted to enquire into some serious allegations made by the relevant authority calling for prosecution of the petitioner an......referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527.......nd the plaint and the passing of the impugned order against the plaintiff petitioner being evidently mala fide, there is sufficient cause of action in the present suit which needs adjudication at the trial and there is no scope for stifling the proceeding in its inception and consequently the learne...... is also Reported in: 51 DLR (1999) 527...Category: Procedural Law | Date: | Hits: 83
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....Ali with Ahsan Kabir, Advocates—For the Petitioners. Shahabuddin Ahmad, Advocate —For the Opposite Party No.15. Civil Revision No. 6086 of 1991 (Dhaka) Civil Revision No. 192 of 1986 (Jessore) Judgment Md. Awlad Ali J. - This Rule arises out of judgment and decree dated 8-5-86 pas......judgments of both the Courts below and perused the records and I am of the view that the Courts below appear to have committed no illegality in dismissing the suit and consequently no interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will......the Code of Civil Procedure and his clear conclusion, considering pleading, is that the suit is barred under the aforesaid provision of law and dismissed the suit, From the judgment and decree of the trial Court the plaintiff appealed to the District Judge Bagerhat and the appeal having been heard b......re will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522...Category: Property Law | Date: | Hits: 98
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
.....Respondents Judgment July 25, 2001. Cases Referred To- Anglo African Merchants Ltd. vs. Sayley (1970)1 QB 311; Cook vs. Deeks (1916)1 AC 554; Montgomerie vs. United Kingdom Mutual SS Association (1891) 1 QB 370; Pacquin vs. Beanclerk (1906) AC 148; Elbinger AG Fur Fabrication von Eiso......rder XXXIX rules 1 and 2 and section 151 of the Code of Civil Procedure. The temporary injunction prayer was aimed to prevent the defendant No.1 from receiving and defendant No. 2 from paying what is called technical fee, payable to the defendants No. 1. 4. The gist of the relevant averments as ......pportunity to try to resolve the dichotomy arising from terming the defendant No. 1 as an agent on the one hand and trying to impose contractual liability on him on the other hand, at the time of the trial by adducing evidence and advancing intrinsic legal submission and, perhaps by showing that the......Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Tafazzul Islam J AHM Shamsuddin Chowdhury J SM Fazlul Haque …..Appellant Vs. Salahuddin Ahmed and another.................Respondents Judgment July 25, 2001. Cases Referred To- Ang..Category: Civil Law | Date: | Hits: 164
Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
....petition to the pre-emptee opposite party No. 1 by a kabala dated 23‑11‑1994 beyond the knowledge of the pre‑emptor petitioner and without service of notice upon him. Under the circumstances he sought pre‑emption of the case land under section 24 of the Non-Agricultural Tenancy Act. 3. Pr......dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214.......said land vide Mutation Case No. 1354/1992‑1993 and thereby ceased to be a co-sharer in respect of the case land. He had thus no locus standi to pre‑empt the case land. 4. During the course of trial pre‑emptor petitioner examined 3 witnesses while the contesting pre-emptee opposite party No......vision (Civil Appellate Jurisdiction) Present: Gour Gopal Saha J Sheikh Rejowan Ali J Shah Alam (Md.)…………………………..………..Appellant Vs. Md. Shahidur Rahman and others…………..Respondents Judgment February 9, 2003. Cases Referred To- Md. S..Category: Property Law | Date: | Hits: 53
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
....se No. 62 of 1987 (arising out of Shwarankhola PS Case No. 2 dated 8‑5‑1984 and GR Case No. 32 of 1984) which convicted the appellant under section 302 of the Penal Code and sentenced him to imprisonment for life and also to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for ......d Abdur Rouf there with one 'Dao' in his hand. Abdur Rouf told her that if Firoja would not leave with him, he would commit suicide. Hearing that Giasuddin Master and his son Delwar became scared and called a local Chowkider to keep a watch. In the early morning, Abdur Rouf took Firoja Begum to Mali...... murdered her by tying cloth round her neck. Having failed to flee, he himself caused some injury oil his neck in order to escape from the charge of murder and lay senseless with Firoja. 6. In the trial, Abdur Rouf was charged under section 302 while Joynab under section 201 of the Penal Code, to......t Vs. State……………………………………………………………..……..Respondent Judgment February 25, 2003. Cases Referred To- Ismail Sarker alias Sudan Member and others Vs. State, 33 DLR 320; Rahman Vs. The State of UP, AIR 1972 SC 110; State Vs. Sree Ranjit..Category: Criminal Law | Date: | Hits: 44
Hasibul Bashar (Md.) Vs. Dilshed Huda and another, 2002, 31 CLC (HCD)
....of the cheque. He submits that since the notice was not sent to the accused petitioner as required under section 138(b) of the Negotiable Instruments Act after bouncing the cheque for the first time, so the proceeding in question is liable to be quashed. 6. The learned Advocate for the opposite p...... its initial stage of taking cognizance and, as such, the Rule is liable to be discharged. In the result, the Rule is discharged. The order of stay granted at the time of issuance of the Rule is recalled. Let the copy of this order be sent to the court of Metropolitan Magistrate, Dhaka for inf......ed Advocate for the accused petitioner submits that he has got no knowledge about this. So, the fact as to whether payment was made or not is also a disputed question which can be decided only by the trial Court. Moreover, the papers which the accused petitioner has filed cannot be looked into as th......rt Division (Criminal Miscellaneous Jurisdiction) Present: Md. Ali Asgar Khan J Md. Imman Ali J Hasibul Bashar (Md.)..........................Accused Petitioner Vs. Dilshed Huda and another……………………….Opposite Parties Judgment October 29, 2002. Case Ref..Category: Criminal Law | Date: | Hits: 28
Kawsar Alam Khan Vs. State, 2000, 29 CLC (HCD)
....ich he purchased from the United States of America where he has been residing for the last 5/6 years. Pursuant to the aforesaid disclosure, police went to the residence of the appellant and recovered some bullets and one shotgun from underneath a cot. Accordingly, an FIR was lodged and Sabujbagh PS.......pellant does not leave Bangladesh without permission of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298.......upport of his possession of those arms. Both the cases ended in charge sheet under section 19(a) and (1) of the Arms Act. The cases are now pending before the learned Metropolitan Tribunal No. II for trial. 3. The appellant made several prayers for bail but those were rejected on the ground that ......€¦â€¦â€¦â€¦..Respondents Judgment April 3, 2000. Lawyers Involved: Tofail Ahmed with AKM Shamsul Huq, Advocates—For the Petitioner. Syed Abu Kowsar Assistant Attorney-General with Khandakar Mahbub Alam, Assistant Attorney-General—For the State. Criminal Appeal No. 196 of 2000 ..Category: Criminal Law | Date: | Hits: 54
Sobha Rani Biswas Vs. State and others, 1999, 28 CLC (HCD)
....27 of 1985) arising out of Jhenaidah PS Case No.19 dated 30-8-81 convicting the accused under different sections i.e. 419/467/471 and 109 of the Penal Code and sentenced them to various terms of imprisonment ranging from 6 months to 2 years. 2. The complainant petitioner Shova Rani lodged a petit......itted the accused of the charges levelled against them. In the result, the Rule is discharged. Let the LC Records be sent down once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 293.......e learned Sessions Judge. And the learned Sessions Judge after hearing the parties and on consideration of the evidence on record allowed the appeal and set aside the Judgment and order passed by the trial Court and acquitted all accused appellants of the charges levelled against them. 7. Against...... High Court Division (Criminal Revisional Jurisdiction) Present: Kazi AT Manowaruddin J Amirul Kabir Chowdhury J Sobha Rani Biswas………………..…….Petitioner Vs. State and others……………………………….Opposite Parties Judgment July 13, 1999. Law..Category: Criminal Law | Date: | Hits: 51
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
....ely, plot Nos. 29, 40 and 41 appertaining to RS Khatian Nos. 568 and 960 of Mouja No. 118, Faridpur Town, along with structures thereon which originally belonged to Narayan Chandra Tahbilder, predecessor in interest of defendant Nos. 4-9 to the extent of 1/3rd share, Bhupati Mohan Tahbilder, Reboti ......llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606.......rom the record that during the pendency of the suit an application under section 4 of the Partition Act was filed on 17-4-1986 by the defendant-petitioner and the said application was rejected by the trial Court and the defendant petitioner did not move the higher Court against the aforesaid order. ...... 54 DLR (2002) 606...Category: Administrative Law | Date: | Hits: 210
Habibur Rahman Hawlader Vs. State and another, 2000, 29 CLC (HCD)
....osed. Cheque No. 239021 was first presented on 18‑3‑1999 but returned on 18‑4‑1999 with remark that fund was insufficient. Then the cheque was again presented on 27‑5‑1999 but this time also the cheque was returned on 7‑6‑1999 with the remark that the account was closed. Opposite par......m Chaklader with Md. Ali Zinnah, Advocates-For Opposite party No. 1. Criminal Miscellaneous Case No. 1813 of 2000. Judgment Md. Munsurul Haque Chowdhury J.-By this Rule opposite parties were called upon to show as to why the Complaint Case No. 461/99 now pending in the court of Magistrate 1......re is a misconceived one. In the result the Rule is discharged, stay granted earlier by this court is thus vacated. Communicate the order. Ed. This Case is also Reported in: 55 DLR (2003) 199.......t Division (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Haque J Md. Munsurul Haque Chowdhury J Habibur Rahman Hawlader.................Accused-Petitioner Vs. State and another...............................Opposite parties Judgment June 29, 2000. Lawyers ..Category: Banking Law | Date: | Hits: 191
Abdur Rahman Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....r has been deprived of adequate opportunity to adduce evidence and prove before the Court that the deed of sale in his favour was executed by aforesaid Syed Mahmood Hasan. He then submits that the reasons assigned by the Court of Settlement in rejecting the applications are not borne out by any lega......r signature of the said owner Syed Mahmood Hasan given in another document on 2‑6‑1973 in an application filed by him putting his signature in Bengali submitted to the Ministry of Works should be called for so that both the signatures could be sent to the Criminal Investigation Department (CID) ......e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196.......nt: Amirul Kabir Chowdhury J Md. Nizamul Huq J Abdur Rahman…………………..………………Petitioner Vs. Government of Bangladesh, represented by Secretary, Ministry of Works and another……………………….Respondents Judgment November 2, 2002. Lawyers Invol..Category: Property Law | Date: | Hits: 59
Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)
....a J.- Leave was granted to consider whether, the learned Judges of the High Court Division were justified in holding that the listing of the disputed property as abandoned property is not hit by proviso (a) to section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance......e the date of publicaÂtion of the list in the official Gazette, in which the vesting in, or possession of, the Government of the building as abanÂdoned property under the President's Order has been called in question in any manner whatsoever or any prayer has been made for return, restoration or t......e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ......ourt Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Muzammel Hossain J SK Sinha J Amena Khatun…………....Appellant Vs. Chairman, Court of Settlement and others.…………Respondents Judgment May 24, 2010. Cases Referred To- CQMH Md. Ay..Category: Property Law | Date: | Hits: 65
State Vs. Alal Mia and others, 2010, 39 CLC (AD)
.... High Court Division in Death Ref. No.01 of 2005 with Criminal Appeal No. 80 of 2006 with Criminal Appeal No.1205 of 2005 with Jail Appeal No. 16 of 2006 rejecting the death reference of condemned prisoner Alal Mia, allowing the appeals setting aside the conviction and sentence of the appellants nam......f the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1013....... of the Penal Code since a prima-facie case was made against the accused persons under the aforesaid sections. 4. The case record was communicated to the Divisional Speedy Tribunal, Chittagong for trial. The trial Judge framed charge under Section 302/201/34 on 08.09.2003 against the accused pers......ammel Hossain J Surendra Kumar Sinha J The State……………….........Petitioner (In both the cases) Vs. Alal Mia…...Respondent (In Criminal Petition No. 245 of 2009) Kamal Miah and another..........Respondent (In Criminal Petition No. 246 of 2009) Judgment April 4, 2010...Category: Criminal Law | Date: | Hits: 46
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