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Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)
....rocedure and is directed against an order dated 30.3.87 passed by A.K. Muhammad Ali, Session Judge, Narail-Magura in Sessions Case No. 64 of 1985. 2. Short facts are that one Sk. Nawabul Alam, son of Golam Hossain alias Kuti Mia Sheikh of village Bender Char, Police Station Kalia, District ......n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139.......Sessions Judge, Narail and it was received by him on 12.12.85 and he registered the case as Sessions Case No. 64 of 85. Since then the case is pending before the Sessions Judge, Narail and Magura for trial. 4. It appears that the trial could not be concluded by the Sessions Judge, Narail- Magur......orted in: 40 DLR (1988) 139...Category: Criminal Law | Date: | Hits: 30
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....ase No. 19 of 1984 convicting the appellants under sections 302/34 of the Penal Code and sentencing them to transportation for life with a fine of Tk.5000/- each in default, to suffer rigorous imprisonment for 6 months each. 2. The appellant Nos. 1-14 and 4 others viz. Farid Jamader, Abdul Hoss......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......00/- each in default, to suffer rigorous imprisonment for 6 months each. 2. The appellant Nos. 1-14 and 4 others viz. Farid Jamader, Abdul Hossain, Delwar Hossain and Khorshed Ahmed were placed on trial under sections 32/34 of the Penal Code before the learned Sessions Judge, Bhola in Sessions Ca..........................Appellants Vs. The State……………………………...Respondent Judgment August 5, 1986. Cases Referred to- Nazrul Islam vs. State, 27 DLR 671; The Crown and Badiuzzaman vs. Abdul Majid Bepari 8 DLR (FC) 69, 9 DLR 247; Ekabbar Khan and others vs. The Sta..Category: Criminal Law | Date: | Hits: 27
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
....cers and other employees, the Trading Corporation of Bangladesh has been following the Government Servants (Discipline and Appeal) Rules, 1976, hereinafter referred to as the Rules of 1976. It is also alleged by the petitioners and conceded by the Corporation that upon the repeal of the Rules of 1......en in his absence and on the basis of examining witnesses and recording their statements in his absence and thereby violating the principles of natural justice. 18. In these Rules, however, we are called upon to decide an issue of a larger dimension. We are called upon to decide, as to whether an...... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ......ules are discharged. Cases Referred to- 32 DLR (AD) 46; 31 DLR 326; Vitarelli vs. Seaton (1959) 359 US 535; 3 L Ed 2d 1012 Ramana Dayaram Shetty vs. The International Airport Authority of India and others, AIR 1979 (SC) 1928); M. Noman vs. the Dhaka Improvement Trust, 16 DLR (Dhaka) 536; The..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....lments @ 47,226 each payable in June and December each year, which will start from the 12 month of the date of first disbursement of Any residue to be repaid with the last instalment. The plaintiff also sanctioned a cash credit limit of Taka 3,00,000 payable from Bank’s own fund, against hypotheca......0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ......n letter and the suit is liable to be dismissed with costs. 4. The parties have examined one witness each and produced some documents and marked exhibits admitting those into evidence. The learned trial Court on consideration of the facts, materials and evidence of the case, decreed the suit in p......ourt High Court Division (Civil Appellate Jurisdiction) Present: MA Choudhury J Md. Abdul Aziz J Sonali Bank………………….……………..Petitioner Vs. Rana Oil Mill and ors …………………..Respondents Judgment May 24, 1999. Cases Referred To- Koh..Category: Civil Law | Date: | Hits: 85
.... No. 1, 1A and respondent No. 2 all made appearance by filing affidavits-in-opposition. We have heard the learned Advocate on behalf of the petitioner and on behalf of those three respondents and also the learned Attorney-General. At first, Mr. Abdur Razzaque made his submission in support of th......uld have power to inquire into or try under the provisions of Chapter XV relating to the place of inquiry or trial.
(2) No proceeding of a police-officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under t......ich a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XV relating to the place of inquiry or trial.
(2) No proceeding of a police-officer in any such case shall at any stage be called in q......
(Special Original Jurisdiction)
Present:
M Hamidul Haque J
Md. Imman Ali J
Mohammod Hossain, Advocate……. Petitioner
Vs.
Quamrul Islam Siddique, Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others………… Respondents
Judgment
..
Category: Anti-Corruption Laws | Date: | Hits: 178
State Vs. Shahin and others, 2009, 38 CLC (AD)
....e Penal Code and sentencing the respectively the respondents both Criminal Petition Nos.73 and 74 of 2009 to death and sentencing the respondent No.1 in Criminal petition No.75 of 2009 to suffer imprisonment for life and to pay a fine of Tk.50,000/-(taka fifty thousand) only, in default to suffer ri......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ......d framed charge against the respondents and other under section 302/34 of the Penal Code to which they pleaded not guilty. Then the above case, being sent to the Druto Bichar Tribunal No.4, Dhaka for trial, was renumbered as Druto Bichar Tribunal Case No.35 of 2003. At the trial the prosecution exam......ition No.73 of 2009) Judgment April 27, 2009. Cases Referred To- Sk. Shamsur Rahman @ Shamsu Vs. The State 10 BLR 251; Tapinder Singh Vs. State of Punjab AIR 1970 SC 1566; Lallubhai Devchand Shah Vs. State of Gujara, AIR 1972 SC 1776; State Vs. Mukbul Hossain, 26 DLR 419. Lawyers Inv..Category: Criminal Law | Date: | Hits: 33
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
....nd sentence dated 15-9-1996 passed by the learned Additional Sessions Judge, Dinajpur convicting the appellants and another under section 392 of the Penal Code sentencing them to suffer rigorous imprisonment for 10 years and to pay a fine of Taka 1,000 each, in default to suffer RI for 6 (six) month...... put on trial. PW 1 Md. Ketab Ali has deposed in his examination-in-chief that at the relevant time he was a UP member and while he was returning home from Saidpur at about 3-00/4-00 PM Daroga Shaheb called him on Garodangi Bridge from his rickshaw and asked him to put his signature in the seizure-l......dated 1-7-1989 corresponding to GR No. 39 of 1989 under sections 395/397 of the Penal Code was started. The Police after completion of investigation submitted charge-sheet against 25 persons to stand trial under the said sections. 4. The case was ultimately sent to the learned Sessions Judge for ......s Case is also Reported in: 54 DLR (2002) 80. ..Category: Criminal Law | Date: | Hits: 83
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....llate Jurisdiction) Present: Md. Abdul Matin J Syed AB Mahmudul Huq J State……………………………Appellant Vs. Rafiqul Islam alias Gadan ....................Condemned Prisoner Judgment November 6, 2002. Cases Referred To- State Vs. Fazu Kazi alias Kazi Fazl......y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ......rgue for post mortem examination PW 6 held post mortem examination and submitted his report. Police after investigation submitted charge-sheet against the accused persons and others who are placed on trial before the learned Additional Sessions Judge‑1, Pabna who framed charges against them under ......………Appellant Vs. Rafiqul Islam alias Gadan ....................Condemned Prisoner Judgment November 6, 2002. Cases Referred To- State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 29 DLR (SC) 271; Rustam Ali and others Vs. State, 1989 BLD 477; Md Akbar Ali Vs. State, ..Category: Criminal Law | Date: | Hits: 38
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....ad Fazlul Karim J.- This petition for leave to appeal is directed against the judgment and order dated 13.03.2007 passed by the High Court Division in Civil Revision No.1170 of 1998 making the Rule absolute against the judgment and decree dated 13.11.1997 passed by the Subordinate Judge, 2nd Court, ......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: 18 BLT (AD) (2010) 318. ......ndatory provisions of Section 3 of the Arbitration Act; that the finding of the High Court Division as to the points of limitation is perverse in view of the evidences and materials on record and the trial Court as well as the Court of Appeal below after appreciating the evidences and materials on r......lul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Haji Arshad Ali Kari……………………………………...............Petitioner Vs. Asmat Ali Hawlader and others……………………......Respondent Judgment July 30, 2008. Case Referred To..Category: Property Law | Date: | Hits: 30
Giyash Uddin Vs. Martuza Bibi and ors., 2010, 39 CLC (AD)
....th, Sylhet in Title Suit No.17 of 1992 (heard analogously with Title Suit No.14 of 1992) dismissing the suit. 2. The facts, in short, are that the Title Suit No.14 of 1992 was filed by the predecessor of the opposite party as plaintiff impermanent injunction, restraining the defendant of the sa......below on proper assessment of evidence causing no failure of justice. We find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316.......plaintiff usually uses the passage on the southern side of their homestead at dag No.7112 for coming and going to public road. The plaintiff has got no right of easement over the suit land. 9. The trial court dismissed the suit and the appellate court reversed the finding of the trial court and t......(Civil) Present: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Giyash Uddin……………………………………………Petitioner (In both cases) Vs. Martuza Bibi and ors………………………………….Respondents (In both cases) Judgment January 2..Category: Property Law | Date: | Hits: 33
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....e suit in preliminary form against the defendants-opposite Nos. 1, 2 and 25 on contest and ex parte against others giving saham to the plaintiff to the extent of .02 acre from suit plot No. 125 and also gave saham to the defendant No. 25 saham as per his prayer to the extent of 14 katha, 2 chatak. A......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......ka, 2nd Court was re-numbered as Title Suit No. 43 of 1991. 3. The present petitioner and the opposite parties Nos. 1, 2 and 25 contested the suit by filing separate written statement. 4. The trial Court on conclusion of the hearing of the suit by the judgment and decree dated 25-8-91 decree......horshed Alam & ors .........Opposite Parties Judgment May 13, 2001. Lawyers Involved: Mohammad Nazrul Islam, Advocate—For the Petitioner. Mahmudul Islam with AHA Rahman Chowdhury and Nahid Mahtab, Advocates—For Opposite Party No. 1. Md. Khalilur Rahman, Advocates—For Oppo..Category: Property Law | Date: | Hits: 32
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
....adar for Bengali year. 1406 if it is proved that re-tender notification was issued on 19-4-1999 of English Calendar re-inviting bid for the market described in the schedule for the year 1406 BS and also for a declaration that the auction of the defendants acting for the Government is unlawful, illeg...... keeping in view his status as a lessee for the year 1405 BS and also the loss incurred by him as a result of flood. Learned Assistant Judge was not at all required for calling those documents though called for and also to wait for the arrival of the same in disposing of the controversy. The learned...... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120.......(2000) 120...Category: Property Law | Date: | Hits: 34
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
....3 dated 1-3-2000 issued by the respondent No. 5, Chief Executive Officer of Dhaka Stock Exchange Ltd., should not be declared to have been issued without lawful authority and of no legal effect and also why respondent Nos. Ito 5 should not be directed to act in pursuance Regulation 7 of the Settleme......oner on 18-1-2000 informed respondent No. 6 of the matter in writing and respondent No. 6 in reply on 20-1-2000 stated that DSE failed to make payment to the account of respondent No. 6 due to Strike called by the Opposition Political Parties. Thereafter on 22-1-2000 the petitioner by another letter...... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......on (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Farzana Moazzem…………………………………………….Petitioner Vs. Securities and Exchange Commission and others.... Respondents Judgment July 15, 2001. Lawyers Involve..Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....ndents Judgment October 25, 2000. Cases Referred To- Bharat Kumar K Palicha and another vs State of Kerala and others, AIR 1997 (Kerala) 291; AIR 1998 (SC) 1984 and State of Texas vs Johnson, 491 USA 397 (1989) ref. Lawyers Involved: Maksudur Rahman, Advocate — For the Petitione......tion that calling and the holding of what has come to be known as “hartal” is unconstitutional and therefore illegal. In the recent past the opposition parties led by Bangladesh Nationalist Party called hartal on 26-1-99. This hartal was called for 60 hours from 9 February to 11 February 1999 du......I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ......sh Elahi……………. Petitioner Vs Government of the People’s Republic of Bangladesh……… Respondents Judgment October 25, 2000. Cases Referred To- Bharat Kumar K Palicha and another vs State of Kerala and others, AIR 1997 (Kerala) 291; AIR 1998 (SC) 1984 and State of Te..Category: Constitutional Law | Date: | Hits: 216
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....nt No. 18 Company and the appellants in C.A. No. 321 of 2008 used to hold 40 shares and 670 shares respectively in the respondent No.18 Company. After the record date, i.e. 25.09.2005, the appellants sold their shares relying on the representations of the respondent No.18 company and a Memo dated 18...... held as under:- "The Company Court has ample power to give ancillary directives in the matter of holding AGMs under Section 85(3) Companies Act; the court may order a meeting of the company to be called, held and conducted in such manner as it thinks fit and give such ancillary directions as it ......r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411.......an.............................Appellant (In Civil Appeal No. 320 of 2008) Mejor Md. Akbar Hossain.....................Appellant (In Civil Appeal No. 321 of 2008) Vs. A. B. M. Khalequzzaman and others.........Respondents (In all cases). Judgment April 7, 2010. Cases Referred To- ..Category: Company Law | Date: | Hits: 191
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....le Suit No. 58 of 1990 which was re‑numbered as 38 of 1992. Said Moulana Fariduddin Ahmed instituted this suit for declaration of title in said 92 decimals of land, confirmation of possession and also for recovery of possession in respect of 3 decimals of land out of said 92 decimals and also pray...... the question of possession and dispossession only as made out by the petitioner Fariduddin Ahmed in the light of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR...... perpetual injunction. 3. Both the suits were tried together, one set of evidence was led by the parties. Both the parties examined equal number of 5 witnesses and adduced number of documents. The trial Court dismissed both the suits on contest. Two appeals were preferred therefrom by both the pa...... once. Ed. This Case is also Reported in: 55 DLR (2003) 49...Category: Property Law | Date: | Hits: 27
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
..... 91 of 1999 in the 4th Court of Subordinate Judge, Dhaka praying for a declaration of title in respect of the suit shop i.e. shop, No. 180, Kaoran Bazar, (first floor), Dhaka. 3. The petitioner also filed an application for temporary injunction under Order XXXIX rules 1 and 2 read with section 1......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43....... The petitioner also filed an application for temporary injunction under Order XXXIX rules 1 and 2 read with section 151 of the Code of Civil Procedure with a prayer for ad-interim injunction but the trial Court by order dated 18‑5‑1999 rejected the prayer for ad interim injunction against which......ourt High Court Division (Civil Appellate Jurisdiction) Present: Syed Amirul Islam J Sikder Maqbul Huq J Momena Begum....................Petitioner Vs. Dhaka City Corporation and others.................Respondents Judgment January 27, 2002. Case Referred To- Baha..Category: Property Law | Date: | Hits: 34
Bhola Vs. State, 2001, 30 CLC (HCD)
....1 passed by the learned Sessions Judge, Sherpur in Sessions Case No. 40 of 1990 convicting the appellant and others under sections 302/34 of the Penal Code and sentencing them to suffer rigorous imprisonment for 30 years and to pay the fine of Taka 10,000, in default to suffer rigorous imprisonment ......er father was killed on Monday in the month of Poush. The dead body of her father was found in the field of Gota. On the date of occurrence in the evening accused Shamsuddin, Jabbar, Bhola and Sobhan called and took away her father saying that they would clear up the accounts and execute sale deed. ......under sections 302/34 of the Penal Code. 3. The police investigated the case and submitted charge‑sheet against the convict appellant and three others under the aforesaid sections of law. During trial charge was framed under section 302/34 of the Penal Code. 4. It appears that the convict ap......nt Vs. State……………………………………Respondent Judgment January 15, 2001. Result: The appeal is dismissed Cases Referred To- Ismail Sarker alias Sudan Member and others Vs. The State, 33 DLR 320; Anisur Rahman & others Vs. The State, 6 BLD (AD) 79; Mobar..Category: Criminal Law | Date: | Hits: 41
Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)
....pugned judgment found that there is no controversy between the parties over the use of electrical energy and machineries for making the rooms centrally air-conditioned. The learned Labour Court also found that the swimming pool and other amenities available in the hotel are also dependent on the......ion of law and facts are involved in these Rules they were heard together and are being disposed of by this Judgment. 2. In these Rules the petitioner Company "Hotel Agrabad Ltd." (hereinafter called the petitioner Company) has called in question the judgment and order dated 31-12-91 pass...... in the petitioner Company. 3. Two sets of employees of the petitioner Company instituted IRO Case Nos. 78 and 79 of 1984 before the First Labour Court, Chittagong under section 34 of the Industrial Relations Ordinance (hereinafter called IRO) for the enforcement of their rights as guarante......sent: Syed Amirul Islam J SAN Mominur Rahman J Hotel Agrabad Ltd……………………………………………………Petitioner Vs. Chairman, Labour Court and others ………………………Respondents Judgment June 22, 1999. Lawy..Category: Labour and Industrial Law | Date: | Hits: 121
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....the learned Deputy Attorney-General having touched the very jurisdiction of this Court in exercising its power under the aforesaid provisions of the Criminal Procedure Code, we thought it proper to resolve the question first before proceeding with the case any further and in doing so we also felt it......of 1959) whereby jurisdiction of all Courts including the Supreme Court was ousted, it was held as under: "If a statute provides that an order made by an authority acting under it shall not be called in question in any Court; all that is necessary to oust the jurisdiction of the courts is tha......in the said Rules and submits that the expression কোন আদালত বা ট্রাইবু্যনালে" as employed in the said sub-rule 1 of Rule 19 Ka and Kha refers only to the trial Court or the tribunal as the case may be or, in other words, the offences contemplated under t......2007) 287. ..Category: Criminal Law | Date: | Hits: 50
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