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Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)

....tropolitan Assistant Sessions Judge, 5th Court, Dhaka in Metropolitan Sessions Case No. 716 of 1999. over the self same occurrence, two cases have been registered separately and the prosecution has also examined similar set of witnesses in both the cases. The evidence on one case would overlap the o...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......or @ Yusuf, Moksed @ Galkata Moksed @ Sekendar @ Khalek @ Abu Sabuz, Swapan, Khokan, Nannu arise out of the same incident and though the appellants have been convicted on different counts by separate trials, we are disposing of these appeals analogously by this judgment. 2. Criminal Appeal No. 2......ase. Ed. This Case is also Reported in: 59 DLR (2007) 549...

Category: Criminal Law | Date: | Hits: 90

Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)

.... was lodged at Sonagazi Police Station on 12-4-1984 against him and the Cashier. Police after investigation submitted charge sheet and on trial he and the Cashier were convicted. The Bank authority also filed a money suit against them for realisation of the defalcated amount, which was decreed. Afte......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546.......appropriation of aforesaid amount the first information report was lodged at Sonagazi Police Station on 12-4-1984 against him and the Cashier. Police after investigation submitted charge sheet and on trial he and the Cashier were convicted. The Bank authority also filed a money suit against them for......on (Civil Revisional Jurisdiction) Present: AKM Fazlur Rahman J Shafique Ullah (Md)……………………………………………….Petitioner Vs. Chairman, Rupali Bank Ltd. and others…………………Opposite Parties Judgment August 2, 2006. Lawyers involved..

Category: Criminal Law | Date: | Hits: 29

Birendra Chandra Das Vs. Samir Ghosh and others, 2007, 36 CLC (HCD)

..... Upon the application, it appears, by an order dated 28-9-05 the trial Court issued a notice asking the plaintiff to show cause within seven days as to why such injunction would not be granted and also granted an ad-interim injunction restraining the plaintiff from exhibiting cinema until hearing o......ich resulted in no failure of justice. In the result, the Rule is discharged with cost. The cost is assessed at Taka 5,000,00. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 5......r him and stopped paying rents since 1999 and cancellation of the licence exhibiting cinema on 19-6-02 was therefore not illegal. 3. Upon the application, it appears, by an order dated 28-9-05 the trial Court issued a notice asking the plaintiff to show cause within seven days as to why such inju......unicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 545. ..

Category: Civil Law | Date: | Hits: 93

Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)

....udur Rahman and another……………………Petitioners Vs. Bangladesh Bank and others……………………….Respondents Judgment August 24, 2006. Result: The Rule is madeabsolute. Cases Referred To- IFIC Bank vs. Beximco Limited 57 DLR 154; Md. Mahbubul Alam vs. Ban......post of directors. At that stage even if their personal guarantees remained valid and even if they were liable to repay the said loan by signing the said personal guarantee docu­ments they cannot be called loan defaulters within the meaning of section 5 Gaga of the Bank Com­panies Act, 1991 and, a......d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ..

Category: Banking Law | Date: | Hits: 124

Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)

....aintiffs therein. The plaintiff’s case, in short, is that the suit land measuring 1.59 acre belonged to Syed Mesbahuddoza, Syed Anwaruddoza and Chowdhury Md. Ilyas. Chowdhury Md. Ilyas died leaving son Chowdhury Matiar Rahman. Subsequently, Syed Mesbahuddoza and Syed Anwaruddoza appointed Anwar Ah...... granted by this Court stands vacated. Communicate the order of the Court to the learned Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 145.......o one Rakhal Chandra in which he constructed a dwelling house. The plaintiff has no title and possession in any portion of the suit land and, as such, the suit is liable to be dismissed. 4. As the trial of the suit commenced on 22-2-97, one Nur Mohammad, the constituted attorney of the plaintiff ......……………Petitioner Vs. Asgar Ali…………………………………………Opposite Party Judgment March 21, 1999. Case Referred To- Onkar Bhikaram Vs. Balmukund Javarchand, Madhya Bharat, 135. Lawyers Involved: Mohammad Nazibar Rahman, Advocate — For the Petit..

Category: Procedural Law | Date: | Hits: 76

Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)

....ue to misconstruction of a status quo order obtained by a shareholder Jalal Uddin Jaffar Ali Hussein in Title Suit No.188 of 1983. Jalal Uddin Jaffar Ali Hussein filed the said suit challenging the resolution dated 8-5-1983 passed by the Company in an Extraordinary General Meeting whereby he and his......udgment Md Joynul Abedin J. - This is an application seeking direction on the petitioner Tahmid Ahmed, a share holder-director of The Bengal Glass Works Ltd, a public limited company (hereinafter called ‘the Company’) to hold Annual General Meetings of the Company for the years 1982 to 1997 ......n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141....... Md. Joynul Abedin J Tahmid Ahmed …………….Petitioner Vs. Jalaluddin Jaffar Ali Hussain ……………Objector Judgment February 7, 1999. Cases Referred To- Satish Chandra Banik and others Vs. Dhaka Jute Mills Ltd PLD 1968 (Dhaka) 610=19 DLR 280 (13 & 14); Ittef..

Category: Company Law | Date: | Hits: 222

Abul Khair and others. Vs. Chairman, Chittagong Dock Sramik Parichalana Board and Chairman, Chittagong Port Authority, Chittagong and others, 2009, 38 CLC (AD)

....f the aforesaid Board. They are receiving their salaries on the basis of 'no work' 'no pay'. That the respondent No.1 is the Chairman, respondent No. 2 is the Vice-Chairman, respondent No.3 is the Personnel and Welfare Manager, respondent No.4 is the Assistant Personnel Manager (Administration), res......Regulation of Employment) Act, 1980 speaks about the Dock Workers Management Board providing that the Government shall, by notification in the official Gazette, constitute for each Port a Board to be called the Dock Workers Management Board for the purpose of the Act and that the Chittagong Port Doc......he Chittagong Port Dock; that the appel­lants are the victim of the conflict of 4(four) Tribe Union in Chittagong Dock and the impugned order was issued in violation of Section 15 and 26 of the Just trial Relations Ordinance, 1969 which was challenged in the writ peti­tion and without considering ...... This Case is also Reported in: VII ADC (2010) 803...

Category: Labour and Industrial Law | Date: | Hits: 109

Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)

.... is collusive, fraudulent, without consideration and void. The plaint case, in short, is that while father of the plaintiff, Mohammad Ali, was owner in possession of the suit land, recreated a waqf absolutely dedicating the suit land for construction of a mosque by way of a registered deed of waqf b......ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......tnesses while Defendant No. 1 examined 4 witnesses. Plaintiff adduced papers and documents, which were marked Exhibit Nos. 1 to 4 series while those of the defendant Exhibit No. Ka and Kha. 8. The trial Court dismissed the suit and the appeal of the plaintiff taken therefrom was also dismissed an........……………..Petitioner Vs. M Aslam Miah & others......…….opposite Parties Judgment July 8, 2002. Cases Referred To- Serajul Karim Chowdhury Vs. Abul Khayer Chowdhury and others, 2 BLC 517; Syed Mahmud Ali Vs. Md Asmatullah and others, 32 DLR (SC) 39; Jamaluddin Vs. ..

Category: Trust/Waqf Law | Date: | Hits: 228

Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)

....o. 14 dated 6­2-2005 corresponding to GR No. 58 of 2005 con­victing the accused appellant under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Taka 5,000 in default to suffer more six months simple impriso...... of Bulbul Sikder. 14. PW 6 Jahangir Alam in his examination-in-chief stated that the marriage was solemnised in the house of Bulbul Sikder and there was marriage in presence of Kazi. Kazi was called by Bulbul Sikder and he is the brother of the victim and in cross-examination he has stated t......ubsequently the bail was also cancelled and again also enlarged on bail and have been enjoying the privileges of bail and at the time of delivery of judgment the appellant was taken into custody. The trial Court after framing of charge under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain again......l with Md. Serajul Karim, Assistant Attorney-General—For the Respondent-State. Criminal Appeal No. 4045 of 2006. Judgment SM Dastagir Husain J.- The appeal is directed against the judgment and order dated 10-8-2006 passed by the Nari-o-Shishu Nirjatan Daman Bishesh Tribunal and Special Se..

Category: Criminal Law | Date: | Hits: 44

Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)

....dpur Police Station case No. 03 dated 8-8­-2003 corresponding to GR case No. 76 of 2003 convicting the appellants under sections ,302/34 of the Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Taka 10,000 each, in default, to suffer rigorous imprisonment ...... 4-30 PM his son Md. Mehadi Hasan Oni came home from school and after having his food, went out to play and met accused Md. Rahamatullah at "Kana Pukkur Morh" at Alangi; that accused Md. Rahamatullah called Mehadi Hasan Oni to go to Ranga Pota village which has been seen by Md Saifuddin, brother of ......vict appellant Md. Rahamatullah and Saltu alias Dalim. 3. After submission of the charge sheet, the case was transferred to the court of the learned Judge, Speedy Trial Tribunal Khulna for holding trial. 4. Upon the aforesaid allegations the accused persons are put on trial before the learned ......e is also Reported in: 59 DLR (2007) 520...

Category: Criminal Law | Date: | Hits: 32

Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)

....eme Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Imman Ali J AKM Fazlur Rahman J Uzzal alias Elias Hossain…………………………. Condemned Prisoner-Appellant Vs. State…………………………………………………………. R......ee to the goat. He asserted that he heard abut the occurrence from Mahima and her mother on Saturday morning while sitting on the verandah of their house. No other person was present at that time. He called Mahima from the house and heard about the occurrence from her. He stated that his house is 50......hand over the fine amount to the victim's father. The accused were also found guilty under section 7 of the Ain, but no separate sentence was awarded. Only accused Uzzal alias Elias Hossain faced the trial and now awaits the gallows. 2. Being aggrieved by the judgment and order of conviction ......……. Condemned Prisoner-Appellant Vs. State…………………………………………………………. Respondent Judgment November 28, 2006. Cases Referred To- Dr. Jainand vs. Rex, AIR (36) 1949 Allahabad 291; SM Qamruzzaman vs. State 33 DLR 156; Balaka Singh vs. Stat..

Category: Criminal Law | Date: | Hits: 35

Taju and others Vs. State, 2007, 36 CLC (HCD)

....Adalat, Narsingdi in Nari-o-Shishu Case No. 52 of 2001 convicting the appellants under section 7/9(3) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentencing each of them to suffer rigorous imprisonment for life and to pay a fine of Taka 1,00,000 (one lac) in default to suffer 2 (two) years rig...... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ......ge of the Nari-o-Shishu Nirjatan Daman Tribunal, Narsingdi did not accept the final report and took cognisance against all the first information report-named accused-persons and recorded the case for trial being Nari-o-Shishu Case No. 523 of 2010. 5. The charge was framed under sections 7/9 (...... This Case is also Reported in: 59 DLR (2007) 499. ..

Category: Criminal Law | Date: | Hits: 42

Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)

.... the learned Special Tribunal No.5, Mymensingh, in Special Tribunal Case No.41 of 2002 convicting the jail appellant under section 19A and 19(f) of the Arms Act sentencing him to suffer rigorous imprisonment for 10(ten) years and 7 (seven) years respectively directing there under to run both the sen......y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ...... years respectively directing there under to run both the sentences concurrently. 2. The case of the prosecution briefly, is that convicted appellant was arrested on 13-12-2001 and was sent up for trial along with 4 others before the Special Tribunal No. V of Mymensingh on charges under section 1......with Md. Rabiul Karim Assistant Attorney-General—For the Respondent-State. Jail Appeal No. 1027 of 2005. Judgment Khademul Islam Chowdhury J.- This Jail appeal is directed against judgment and order dated 17-7­2005 passed by the learned Special Tribunal No.5, Mymensingh, in Special Tribu..

Category: Criminal Law | Date: | Hits: 43

Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)

....ssed by the Special Tribunal Judge No. 3, Bogra in Special Tribunal Case No. 30 of 2003 convicting the appellant under section 19A and 19(f) of the Arms Act and sentencing him to suffer rigorous imprisonment for a period of 15 (fifteen) years and 7 years respectively and also ordered that both the s......is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expedi­tiously. Ed. This Case is also Reported in: 59 DLR (2007) 492.......ure and framed charge under section 19A and 19(f) of the Arms Act against the accused appellant Tuta Pramanik which was duly read over and explained to him to which he pleaded not guilty and demanded trial. 4. The prosecution examined as many as 9 wit­nesses out of 15 witnesses and the defen......vs State 9 MLR 429; Mushfiqul Islam vs. State 52 DLR 593; Tariqul Islam vs State 2001 BLD 140 = 6 BLC 134; Abdur Razzaque 51 DLR 83; Kamruzzaman vs. Babul Sikder 47 DLR 416; Babul vs. State 5 MLR 377 and 1988 BLD 106 . Lawyers involved: Md. Abul Hossain Azadi, Advocate—For the Appellant. ..

Category: Criminal Law | Date: | Hits: 42

Anisur Rahman Gazi alias Anisur alias Chhotu Vs. State, 2007, 36 CLC (HCD)

....assed by the Special Tribunal No. 1, Satkhira in Special Tribunal Case No. 157 of 1997 convicting the accused-appellant under section 19A of the Arms Act and sentencing him to suffer rigorous imprison­ment for 14 (fourteen) years. 2. The prosecution case, as it appears from the depositio......saw the recovery of revolver from the accused-appellant. The defence did not cross-examine him. 14. PW 3 Md. Keramat Sheikh is another public and seizure list witness. He deposed that he was called by the police and saw the appellant being arrested by the police and on search police recove......under section 19(A) and 19(f) of the Arms Act was started and police after investigation submitted charge sheet against the accused-appellant. 4. Thereafter, the case was transmitted to the trial Court and on commencement of trial charge was framed against the appellant under section 19A......Daud Ali Daud Hossain vs State 27 DLR 251; Abul Hasem Master vs State 44 DLR 159; Iftekhar Hassan Chowdhury vs State 47 DLR 451; Telebur Rahman vs State 49 DLR 167; Abul Kashem vs State 50 DLR 356 and Nazrul Islam vs State 50 DLR 515 . Lawyers involved: Hasan Foez Siddique with AKM Monir-..

Category: Criminal Law | Date: | Hits: 34

Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....to evict the petitioner and his family from the flat in question. 7. The petitioner requested the respondents to show paper and documents or notice in respect of their proposed eviction. After some time they left the place with a threat that they will come again. The petitioner on enquiry cam...... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480.......d building and, in such situation, the petitioner and others filed Title Suit No. 111 of 1974 before the Third Court of Munsif, Dhaka for a declaration and for permanent injunction. After hearing the trial Court dismissed the said suit on 31­1-1984. 4. Being aggrieved the plaintiffs preferre......an J Fida-ul-Huq……………………………………………………………………………………………….Petitioner Vs. Government of the People's Republic of Bangladesh and others…………..Respondents Judgment June 7, 2007. Cases Referred To- Sekander ..

Category: Property Law | Date: | Hits: 34

Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)

.... instal­ment; that thereafter the plaintiff deposited Taka 1,05,361 as salami after every three years and that thus the plaintiff has been in possession of the suit land for more then 12 years and also invested lot of money for business purpose. 5.It is also stated that on 12-8-1998, the plain­......e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......nt Engineer, Public Works Department, Sylhet over telephone not to lease out the suit property, neither temporarily nor permanently, to anybody. Hence the suit is liable to be dismissed. 7. At the trial the plaintiff examined 7 witnes­ses, while the contesting defendant has examined one witness ......vil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rezaul Haque J Superintendent Engineer, PWD & anr……………………………..Petitioners Vs. A Mahiuddin and others.............................................Opposite Parties Judgment February 11,..

Category: Property Law | Date: | Hits: 28

Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)

...., Phulpur, District Mymensingh dated 29‑8‑1993 allowing the pre‑emption in Miscellaneous Case No. 91 of 1992. 2. Short facts for disposal of this Rule are that the petitioner as pre‑emptor sought pre‑emption of the impugned Kabala under section 96 of the State Acquisition and Tenancy Ac...... case holding. The learned Assistant Judge while allowing preemption relied on the decision in the case of Rafiqul Alam Vs. Rahimuddin Sarkar and others reported in 34 DLR 180. Facts of the said case called for a decision as to what would be the priority in between the co-sharers inter se over the c......1 by his judgment and order dated 29‑8‑1993. Then in the appeal learned Subordinate Judge, 2nd Court, Mymensingh by his judgment and order dated 30‑7‑1995 reversed the decision of the learned trial Court and dismissed the pre‑emption proceeding. 5. Being aggrieved thereby the pre‑empt......e Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Razzaque J Jinnat Ali (Md)..................................Petitioner Vs. Md. Abu Bakkar Siddique and others...............Opposite-Parties Judgment June 11, 2002. Case Referred To- Raf..

Category: Property Law | Date: | Hits: 37

Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)

....arket at 164 Elephant Road, Dhaka under the defendant petitioner by paying salami of Taka 6,95,000 (six lac ninety-five thousand) to the defendant-petitioner and the lease commenced from 1987. They also paid monthly rent regularly. They were given the right to transfer possession on payment of trans......Meherun Nessa AC Market but the market could not flourish for which the petitioner as owner decided to demolish the market and to raise residential multistoried flat building and all the tenants were called for and after several meetings their Salami money with some compensation were returned by the......ase No. 34 of 1998 was also dismissed for default. We, therefore, find no merit in the case of Mr. Bakhtiar Hossain. He has also failed to point out any legal infirmity in the decision of the learned trial Court. 27. In the result, the Rule is discharged without any order as to costs. The impugne......t Division (Civil Revisional Jurisdiction) Present: Mohammad Fazlul Haque J NK Chakravartty J Mohsina Rahman alias Jaya………………………….Petitioner Vs. Abdul Majid and others…………….………………..Opposite Party Judgment June 24, 2001. Lawy..

Category: Civil Law | Date: | Hits: 77

Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)

....a 310 through Government Treasury Chalan No. Ga Da 2/12 dated 29-10-2000. The said application form and chalan were forwarded under cover of a letter dated 29-10-2000. Having received no response whatsoever to the said application for import permits, the petitioner addressed a letter dated 1-11-2000......instant Rule. 5. The petitioner filed a supplementary affidavit stating, inter alia, that the writ petition was filed and moved in November, 2000. Since the issuance of the Rule the petitioner called on the offices of the respondent Nos. 1 and 2 from time to time and enquired as to whether th......led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458.......nt: Md. Muzammel Hossain J Zubayer Rahman Chowdhury J Iqbal Hossain Mollah………………………………………………………Petitioner Vs. Director, Plant Protection Wing and others……………………Respondents Judgment January 4, 2006. Lawyers involved: ..

Category: Business or Commercial Law | Date: | Hits: 219