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Hasan Rony Vs. State, 2004, 33 CLC (HCD)
.... statement of the appellant on 18‑4‑2002 and proved the appellant's signatures and his signatures appearing therein. He states that the confessional statement has been recorded in accordance with law after performing the formalities and that the confession is true and voluntary. PW 3 stated that......tate of Delhi, AIR 1980 SC 1341. Jail Appeal No. 62 of 2004. Judgment SK Sinha J. - This appeal by convict Hasan Rony under section 420 of the Code of Criminal Procedure is from the judgment and order of the learned Sessions Judge, Cox's Bazar in Sessions Trial Case No. 7 of 2003. The learn...... of Delhi, AIR 1980 SC 1341. Jail Appeal No. 62 of 2004. Judgment SK Sinha J. - This appeal by convict Hasan Rony under section 420 of the Code of Criminal Procedure is from the judgment and order of the learned Sessions Judge, Cox's Bazar in Sessions Trial Case No. 7 of 2003. The learned S..Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....cause as to why order dated 28‑6‑2000 passed by the respondent No. 1 the Bankruptcy Court in Bankruptcy Suit No. 27 of 2000 rejecting the plaint should not be declared to have been passed without lawful authority and of no legal effect and why respondent No. 1 should not be directed to issue sum......rt Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Abdur Rashid Chowdhury...........................Petitioner Vs. Additional District Judge and others……………Respondents Judgment October 20, 2003. Result: The Rule is made......que, Advocates ‑ For the Respondents. Writ Petition No. 838 of 2001. Judgment Md. Abdur Rashid J. - The above Rule Nisi was, issued upon the respondents asking them to show cause as to why order dated 28‑6‑2000 passed by the respondent No. 1 the Bankruptcy Court in Bankruptcy Suit No...Category: Others | Date: | Hits: 185
Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observaÂtion made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ...... Md. Shamsul Huda J Md. Iqbal Hossain……………….............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives (LGRD) and others..........................Respondents Judgment October 27,......ed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.11 Not represented-Respondent Nos.1-10 and 12-16. Civil Petition for Leave to Appeal No. 2030 of 2011. (From the judgment and order dated 20-10-2011 passed by the High Court Division in Writ Petition No.8469 of 2011). Judgm..Category: Election Law | Date: | Hits: 250
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
....5400 of 2008 disÂcharging the Rules rejecting the petitioner's prayer for quashing the proceedings under section 561A of the Code of Criminal ProceÂdure. As both petitions involve the same point of law, they are disposed of by this single judgment. 2. Facts relevant for disposal of the instant ...... J Syed Mahmud Hossain J Md. Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J Rashedul Alam Chowdhury......................................Petitioner Vs. ASM Shahajahan and another................................Respondents Judgment October 17, 2011. Result......-Record-For Respondent No.1 (In both the cases) Not represented-For Respondent No.2 (In both the cases) Criminal Petition for Leave to Appeal Nos. 272 and 273 of 2010. (From the judgment and order dated 4th March, 2010 passed by the High Court Division in Criminal Miscellaneous Case Nos. 15..Category: Criminal Law | Date: | Hits: 75
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....iff. Subsequently, in recognition of the oral gift, defendant No.1 affirmed an affidavit before the Notary Public on 21-3-2005. While enjoying the apartment, the plaintiff rented it out to her son-in-law on 1-4-2005 and an agreement was executed to that effect. On 30-4-2005, defendant No.1 filed an ...... Supreme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman All J Md. Mamtaz Uddin Ahmed J Shahid Hamid and another....................................Appellants Vs. Nilufar Momtaz and another...........has been enjoying the suit property by leasing it out on rental basis. The suit is not maintainable in its present form. The suit is barred by section 42 of the Specific Relief Act and also barred by order VII rule 11(d) of the Code of Civil Procedure. The suit property has been leased out by the Go..Category: Property Law | Date: | Hits: 81
Govt. of People's ReÂpublic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)
....t mean Government's satisfaction as it is an abstract entity. 3. Mr. B.B. Roy Chowdhury, learned Assistant Attorney-General appearing for the State has argued that the proposition as understood in law is not correct. We think, there is much substance in his submission. He says that the word 'gove......, 72 I.A. 241; AIR 1945 P.C. 336; Annie Basant Vs. Emperor, ILR 39 Madras 1085; Queen Empress Vs. Bal Gangadhar Tilak, ILR 22 Bombay 112; Z. A. Suleri Vs. The Crown, PLD 1954 Sind 80; Diwan Parkash Chand Vs. Emperor, AIR 1937 Lahore 513; State of Bombay Vs. Purushottam, AIR 1952 S.C. 317; A. Sanjeev......secÂtion 491 of the Code of Criminal Procedure filed by the Respondent challenging the legÂality of his continued detention. The appÂlication of the Respondent was accepted by the Court and he was ordered to be set at liÂberty by on order dated 14-3-1974. 2. The Attorney-General moved a petiÂ..Category: Criminal Law | Date: | Hits: 63
....rit Petitions. He further submits that in the Judgment of the High Court Division it has been stated in no uncertain terms that the order of termination is illegal, void, unconstitutional and without lawful authority. He again submits that BJMC preferred Civil Petitions for Leave to Appeal against t......also Reported in: 62 DLR (HCD) (2010) 1.
......le 108 of the Constitution, a Rule was issued calling upon the contemners-respondents to show cause as to why they should not be proceeded against for contempt of Court for violating the Judgment and order dated 26-8-2003 passed by the High Court Division in Writ Petition Nos.7127, 4560 and 4702 of ..
Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
....al land but a non-agricultural land and, as such, an application under section 96 of the State Acquisition and Tenancy Act (hereinafter referred to as the Act) is misconceived and not maintainable in law but both the Courts below overlooking this legal aspect of the case allowed the case illegally a...... This Case is also Reported in: 50 DLR (HCD) (1998) 147. ......ted against the Judgment and Order dated 19.11.1990 passed by the learned Additional District Judge, Kushtia in Miscellaneous Appeal No.84 of 1987 dismissing the appeal and modifying the judgment and order dated 31-1-1987 passed in Miscellaneous Case No.597 of 1974 by the Assistant Judge, Additional..Category: Property Law | Date: | Hits: 70
Sabdul Ali (Md.) Vs. Md. Mabed Ali Sarker, 1997, 26 CLC (HCD)
.... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ......t Class, Zone-3, Mymensingh wherein this petitioner is the second party. 2. This Rule arises Out of the following circumstances: On 15-3-93. Md. Mabed Ali Sarker who is opposite party in this Rule and others instituted OC Suit No.66 of 1993 in the Court of Senior Assistant Judge, Sadar, Mymensing......nt Judge for declaration of his title against Md. Mabed Ali Sarkar and others in respect of the land appertaining to aforesaid CS Khatians. In OC Suit No.45 of 1994. Learned Assistant Judge passed an order on 17-3-94 directing the parties to maintain status quo in respect of the suit land. In spite ..Category: Property Law | Date: | Hits: 75
Prodip Kumar Dutta & another Vs. Mira Rani Dutta and another, 2004, 33 CLC (HCD)
....sed Rana Dutta under the Hindu Law. 5. Reading sections 81, 82 and 83 of the Mulla's Hindu Law he submits that brother and mother were heirs as 'Sapindas' and learned Joint District Judge erred in law in rejecting their application on wrong view of the law. 6. Lastly, he read section 372 of th......Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Prodip Kumar Dutta & another........................Petitioners Vs. Mira Rani Dutta and another ......Opposite Parties Judgment March 13, 2004. Result: The Rule is made abs......il Revision No. 380 of 2003. Judgment Md Abdur Rashid J. - Brother and mother obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 19‑1‑03 passed by Joint District Judge, Court No. 1 at Moulvibazar in Succession Cas..Category: Property Law | Date: | Hits: 69
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
.... also erected huts. In 1992, Obaidul Islam was dispossessed from the suit land. He did not know them who dispossessed him. 25. In cross-examination, he stated that Obaidul Islam was his brother-in-law. He denied that he was deposing for the interest of his nephews and nieces. He could not say who......t High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed ABM Huq J NFM Universeum Estate Ltd. .....................Appellant Vs. ANM Obaidul Islam and others......... Respondents Judgment April 20, 2004. Result: The appeal is dismissed......he Waqf Administrator for supplementary list of the Engineer Obaidul Islam Waqf Estate, being EC No. 16392. After death of his father, the Waqf Administrator however, rejected the applications by his order dated 7‑7‑97, Exhibit 12. 16. He also stated that his father purchased half of the suit..Category: Property Law | Date: | Hits: 85
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....site Parties Judgment February 20, 1989. Result: The Rule is discharged. The stay order granted staying the Execution Case is vacated. The Execution Case will proceed in accordance with law. Cases Referred to- AIR 1940 (MaÂdras) 29; AIR 1937 (Madras) 511; AIR 1931 (Madras) 650; ......ution Case will proceed in accordance with law. Cases Referred to- AIR 1940 (MaÂdras) 29; AIR 1937 (Madras) 511; AIR 1931 (Madras) 650; 3 BCR 1983 (HCD) 339; M/s. M.M. Ispahani Vs. Sonali Bank and Ors., 1985 DLR (AD) 1. Lawyers Involved: Asrarul Hossain with Syed Sakhwat Ali - For petit......i Bank.....................Petitioner Vs. Mahbubul Amin & others..........................Opposite Parties Judgment February 20, 1989. Result: The Rule is discharged. The stay order granted staying the Execution Case is vacated. The Execution Case will proceed in accordance..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....e is a fugitive from justice and not entitled to any protection of this Court either in ApÂpeal or in Revision, but obtained this Rule, which need be discharged. 4. In the instant case the filing lawyer had been Mr. Raushan Ali, Bar-at-Law. He initially obtained the power from both the petitione......udgment February 15, 1989. Result: The Rule is discharged. Cases Referred to- Chan Shah Vs. The Crown, PLD 1956 (FC) 43; Khalid Saigol Vs. The State, 14 DLR (SC) 321; Khalilur Rahman and anothÂer Vs. The State, 33 DLR 12; Nirmal Krishna Chandra and another Vs. The State; Gendan Lal......of 1986. Judgment Anwarul Hoque Chowdhury J.- This Rule arises out of an application made unÂder sections 435 and 439 of the Code of Criminal Procedure and is directed against the judgment and order dated 30.8.86 passed by the Additional Sessions-Judge, 3rd Court, Dhaka in Criminal Appeal No...Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....tion case. It is the definite case of the prosecution that 31 pieces of gold bars have been recovered from an echÂolac bag allegedly belonging to the appellant. 19. It is a settled proposition of law that the prosecution must prove the case against the accused persons beyond all reasonable doubt...... Vs. The State....................................Respondent Judgment November 10, 1988. Result: Cases Referred to- State Vs. Balshri Das Sutradhar, 13 DLR 289; Kalipada Nandi Vs. The State, AIR 1950 (Cal) 427; Emperior Vs. Kutub Bux, AIR 1930 Cal. 633, 634; Tamiz Mia Vs......nal Case No. 217/86, arising out of Cantonment P.S. Case No. 46(5) 86 in the Court of Judge, Smuggling Tribunal, Dhaka). Judgment Mahmudul Amin Chowdhury J.- This appeal is directed against the order of conviction and sentence passed by Mr. Sheikh Rezwan Ali, Special Tribunal constituted under..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....also filed cross-appeal. The learned subordinate judge allowed the appeal on contest and dismissed the cross-appeal. 5. Mr. Nirmalendu Bikash Datta contends that the Court of appeal below erred in law holding that there was no cause of action for the suit and the defendants were not defaulters as...... Moqbul Ahmed, Advocate - For the Respondent. Appeal from Appellate Decree No. 482 of 1975. Judgment AM Mahmudur RahÂman J.- This appeal by the plaintiff is directed against the judgment and decree passed by the learned SuborÂdinate Judge, Third Court, Chittagong in other ApÂpeal No.3......6.1971 at time in lump. The deposit of rent in the office of the Controller protects a tenant only where the deposit is made on the refusal of the landlord to accept the rent remitted by postal money order within a fortnight of the date on which rent so remitted is returned to the tenants by the pos..Category: Property Law | Date: | Hits: 66
....- within 15.2.83 in the account of the petitioner-corporation and submit a copy of deposit slip to the Secretary of the corporaÂtion. In default of this order appropriate action in acÂcordance with law shall be taken against him.
3. The respondent No.2 protested against the latter dated 23.1.83......Writ Petition No. 471 of 1986.
Judgment
Mustafa Kamal J.- This Rule Nisi obÂtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls into question the judgment and order dated 13.8.86 passed by the Chairman, 2nd Labour Court, Dhaka, respondent No.1, in Complai...... Petition No. 471 of 1986.
Judgment
Mustafa Kamal J.- This Rule Nisi obÂtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls into question the judgment and order dated 13.8.86 passed by the Chairman, 2nd Labour Court, Dhaka, respondent No.1, in Complaint C..
Category: Labour and Industrial Law | Date: | Hits: 166
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....Memo No. JM/420 dated 19Â-6‑2002 issued by the Deputy Commissioner, Kishoregonj canceling the licence of the Universal Talkies Cinema Hall situated at Kishoregonj is null, void, forged, illegal, unlawful and not binding the plaintiff. 3. The plaintiff’s case, in short, is that the father of ......reme Court High Court Division (Civil Revisional Jurisdiction) Present: Mir Hashmat Ali J Shamir Ghosh……………Petitioner Vs. Government of Bangladesh represented by the DC and others...............Opposite Parties Judgment February 17, 2004. Result: The Rule i....... 431 of 2003. Judgment Mir Hashmat Ali J. - This Rule under sections 115(1) of the Code of Civil Procedure was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 8‑1‑2003 passed by the learned Additional District Judge, 3rd Court, Kishoregonj in ..Category: Property Law | Date: | Hits: 62
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....a Akter, that while Hena Akter was living in the house of her husband on 4‑5‑1998 the accused persons caused her death administering poison mixing with rice and that the petitioner, the mother-in-law of the deceased, supplied her poison-mixed rice. After the death of Hena Akter, an UD case was s...... Vs. State………Opposite Party Judgment July 4, 2004. Result: The Rule is made absolute. Cases Referred to- Yusuf Hasan Vs. MA Rezaul Ferdous, 48 DLR (AD) 43; Abdul Matin and others Vs. The State, 42 DLR 286; Abdur Rashid Lahi Vs. Mohammad Yunus Gazi & ors, 40 DLR 42......Rule was issued at the instance of accused‑petitioner Basiran Bewa on an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the order dated 26‑2‑2003 passed by the Sessions Judge, Tangail in Sessions Case No. 32 of 2003 dire..Category: Criminal Law | Date: | Hits: 81
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....is passed can file an application under Order 9 rule 13 of the Code of Civil Procedure for setting aside the ex parte decree and in that view of the matter the trial Court taking an erroneous view of law illegally entertained the application under Order 9 rule 13 of the Code of Civil Procedure and s......er. Abdul Wahab Miah with M Enayetur Rahim, Advocates - For the Opposite Parties. Civil Revision No. 821 of 1996. Judgment Syed Amirul Islam J.- This Rule is directed against the judgment and order dated 12.2.96 passed by the learned Assistant Judge, Laksam Thana Assistant Judge’s Cour...... Abdul Wahab Miah with M Enayetur Rahim, Advocates - For the Opposite Parties. Civil Revision No. 821 of 1996. Judgment Syed Amirul Islam J.- This Rule is directed against the judgment and order dated 12.2.96 passed by the learned Assistant Judge, Laksam Thana Assistant Judge’s Court at..Category: Procedural Law | Date: | Hits: 67
.... matter Rule was issued calling upon the respondents to show cause as to why the impugned order vide Annexure-1 issued by the government should not be declared to have been made and or passed without lawful authority and of no legal effect.
It is stated in the writ petition that the petitioner is...... Bangladesh & others……………….Respondents
Judgment
July 1, 1997.
Result:
The Rule is made absolute.
Case Referred To-
Secretary, Ministry of Industries Vs. Saleh Ahnaed and another, BLD 1981 (AD) 91.
Lawyers Involved:
Azizul Hasan, Advocate - For the Petitioner.
......d the learned Advocates and perused the application. We are passing the detailed judgment as under:
In this matter Rule was issued calling upon the respondents to show cause as to why the impugned order vide Annexure-1 issued by the government should not be declared to have been made and or passe..
Category: Administrative Law | Date: | Hits: 183
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