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Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)
.... SCC suit. This application (Annexure-B) shows that the defendant-opposite party as plaintiff had filed a Partition Suit against the plaintiff of the SCC suit and of others and the suit premises is also included in the schedule of the partition suit. It has not been denied in this application that t...... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ......ed the prayer of defendant and stayed the SCC suit till disposal of the Partition Suit No. 8 of 1999. 8. Section 10 of the Code of Civil Procedure provides that no Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a prev......02. Judgment Zinat Ara J.- This Civil Revision under section 25 of the Small Cause Courts Act, 1987 is about the legality of order dated 24-10-2001 passed by the Senior Assistant Judge and the Court of Small Causes, Sadar, Mymensingh in Small Causes Court Suit No. 13 of 2000. 2..Category: Property Law | Date: | Hits: 37
Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)
....nesses disclose any thing implicating the accused appellant-petitioner the learned Sessions judge, Munshiganj ought to have admitted the appeal filed against the conviction to give him an opportunity so that he can explain his position and come out of the conviction. In support of his submission the......oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ......oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ...... State. Criminal Revision No. 555 of 2006. Judgment Sharifuddin Chaklader J.- This Rule at the instance of the convict appellant-petitioner who is in jail is against the judgment and order dated 15-3Â-2006 passed by the learned Sessions Judge, Munshiganj outright rejecting the ..Category: Criminal Law | Date: | Hits: 36
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....) Mazid (3) Jamshed, (4) Alek, (5) Akam and (6) Khorshed is directed against the judgment and order dated 16Â8-1998 passed by the learned Judge of the Nari-o-Shishu Nirjatan Damon Bishesh Adalat, Jessore in Special Tribunal Case No. 379 of 1995 convicting the appellants under section 4(c)/9 of the ......the night following 22-9-1994 at 1-30/2-00 AM at her father's dwelling hut. At that time she was sleeping at eastern side room. The accused entered into hut by cutting fence and pulled her. While she called her mother an accused pressed her mouth. She could not recognise who pressed her mouth. The a......ee days. After recovery she lodged the first information report. 3. Police after investigation submitted charge sheet against the appellants. 4. Eventually the appellants were placed on trial in the Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Jessore to answer the charge under section......so Reported in: 59 DLR (2007) 276...Category: Criminal Law | Date: | Hits: 82
....endants for declaration of title in the suit land.
3. The case of the plaintiff, in short, is that the suit land originally belonged to Priya Mondal. During his possession, he died leaving 2 minor sons namely, Pagla Mondal and Lalit Mondal. One Haribala Mondal, uncle of Pagla Mondal and Lalit Mon......the Code.
For the reasons stated, I do not find any substance in this Rule.
In the result, the Rule is discharged. The order of status quo passed at the time of issuance of the Rule is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
......t Nos. 1-3(a) and the documents adduced by the defendant Nos. 1-3 were marked as Exhibit Nos. Ka and Kha series. The documents adduced by defendant No. 4 were marked as Exhibit Nos. A-B(l).
8. The trial Court decreed the suit On an appeal therefrom at the instance of the contesting defendants the......eported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
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Category: Property Law | Date: | Hits: 27
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
....Title Suit No. 87 of 2000 decreeing the suit. 2. Short facts necessary for disposal of the Rule are, that admittedly the suit property belonged to Chandi Charan Roy who died leaving behind one son, the defendant No. 15 and a widow, the defendant No. 16. The defendant No. 15 sold one acre of l....... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ......eed. Both the Courts below have committed an error of law resulting in an error in the decision occasioning a failure of justice in decreeing the suit and also in maintaining the decree passed by the trial Court. I find merit in the Rule. 18. In the result, the Rule is made absolute, however,...... This Case is also Reported in: 59 DLR (2007) 263. ..Category: Property Law | Date: | Hits: 34
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....passed by Metropolitan Magistrate, Dhaka in GR Case No. 166 of 1995 and TR No. 42 of 2000 corresponding to Mohammadpur PS Case No. 48(01)95 sentencing the appellant-petitioner to suffer rigorous imprisonment for total period of 10(ten) years along with fine of Taka 10,000 in default to suffer simple......once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......tted charge-sheet against accused Md. Nazir Ahmed and his wife Mrs. Tahmian Akhter under sections 406/420/405 of the Penal Code. Case record was sent to the Special Metropolitan Magistrate, Dhaka for trial. Metropolitan Magistrate, Dhaka, framed charge against accused Md. Nazir Ahmed and Mrs. Tahmin...... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Matin J Md. Abdul Hye J Nazir Ahmed………………..Petitioner Vs. Md. Amin Mia and anothers………….Opposite Parties Judgment March 7, 2007. Cases Referred To- Sam..Category: Criminal Law | Date: | Hits: 40
Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....nce in this Rule. In the result, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......oney, 3. The complainant was examined and usual notices were issued. The accused petitioner appeaÂred and was enlarged on bail. The learned Judge on getting, the case record, on transfer, for trial, enlarged the accused petitioner on bail, on 8-11Â2006. Thereafter, the accused petitioner ob......t: Sharifuddin Chaklader J Sheikh Abdul Awal J Abdul Alim..................................................................... Accused-Petitioner Vs. Biswajit Dey and another……………………………….Opposite Parties Judgment March 11, 20..Category: Criminal Law | Date: | Hits: 50
Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....d of plot No. 1743 with an area 58 decimals. Of said land, the preemptor purchased 28 decimals along with 39 decimals of land of plot No. 1741 by registered Kabala being No. 2916 dated 12-10-65. He also purchased 1.70 acres of land by 2 kabalas dated 18-11-66 and 2-2-73 from the same owner, which we...... and those of the trial Court dismissing the prayer for preemption are restored. The application for preemption is dismissed. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported i...... the Code of Civil Procedure against the judgment and order dated 28-2-05 passed by the District Judge at Sunamgonj in Miscellaneous Appeal No. 12 of 2000, which reversed those dated 29-2-2000 of the trial Court and allowed the application for preÂemption. 2. Opposite Party No. 1 on or about......7) 234 . ..Category: Property Law | Date: | Hits: 28
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....was masked, directed the other dacoits to fasten her husband. She recognised him by his voice as Ayub Ali. Thereafter two dacoits tried to take her husband out of the house by tying his hands, but he somehow untied his hands. He was again fastened by folding his hands towards back with a cord. She p......lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......nd Court, Mymensingh in Session Case No. 139 of 1987 and therefore, these appeals are disposed of by this judgment. 2. Appellants Khalilur Rahman and Ayub Ali along with 8 others were put on trial before the learned Additional Sessions Judge, Mymensingh to face charge under sections 302 and......¦â€¦Respondent Judgment February 22, 2007. Cases Referred To- Mahidur @ Mahidul Islam vs. State, 1983 BLD 162, Md. Azad Sheik @ Azad SK vs. State 1988 BLD 505 = 41 DLR 62 and Zaheda Bewa vs. State 37 DLR 66. Lawyers involved: Md. Anisur Rahman Hatem, Advoca..Category: Criminal Law | Date: | Hits: 38
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
....nha J Md. Abdul Hafiz J Moezuddin (Md)…………………..Petitioner Vs. State………………………..Opposite Party Judgment March 5, 2007. Result: The Rule is made absolute. Cases Referred To- Devendra Kumar vs. Yar Bakld Choudhury, AIR 1939 Cal 220 (FB); King...... 14. In Devendra Kumar vs. Yar Bakld Choudhury, AIR 1939 Cal 220 (FB), the accused were charged under sections 193,467, 477, 109 and 120A of the Penal Code. In the midst of the trial the Government called for the record from the Court and returned after about six months. Then the government pleade...... persons including the opposite party No. 1 under different sections incluÂding section 302 of the Penal Code on 3-12-99. The learned Magistrate sent the case record to the Sessions Judge, Pabna for trial, where Sessions Case No. 20 of 2002 was registered and thereupon, the case was transferred to ......¦â€¦â€¦â€¦..Opposite Party Judgment March 5, 2007. Result: The Rule is made absolute. Cases Referred To- Devendra Kumar vs. Yar Bakld Choudhury, AIR 1939 Cal 220 (FB); King Vs. Paramand, AIR 1949 Pat 222 (FB); Dy Accountant General, Kerala vs. State of Kerala, AIR 1970 Ker 158 (FB)..Category: Criminal Law | Date: | Hits: 43
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
....of the Transfer of Property Act terminating the tenancy with the end of June, 2000 and asking the tenant to vacate the premises by 30th day of June, 2000 but without any result. 7. The plaintiff also on 9-10-2000 instituted Other Suit No. 175 of 2000 in the same Court against defendant Mohiuddin ...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ......firmance dated 11-8-03 passed by Additional District Judge, Court No. 3 at Chittagong in Other Appeal No. 543 of 2002, and No. 535 of 2002 respectively, which confirmed the judgment and decree of the trial Court for khas possession of the suit premises after eviction of the defendants. 2. Opposit......tahuddin Choudhury J Shaherunnessa......Petitioner Vs. Shamsunnahar…….Opposite Party Judgment January 25, 2007. Cases Referred To- Sadak Ali vs. Suruj Ali 7 DLR 94; Amar Chandra Sana vs. Ajit kumar Das 33 DLR (AD) 37. Lawyers involved: Subrata Chowdhury, Advocate—..Category: Property Law | Date: | Hits: 35
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....mposed thereon was equally without jurisdiction, the Commissioner of Taxes fell in serious error of law in not setting aside such unauthorised orders of the Deputy Commissioner of Taxes. 10. He also submitted that a penalty could be imposed under section 128 of the Ordinance only for concealment......ssioner of Taxes therefore acted beyond his jurisdiction to work out the money used and invested out of a bank loan in the renovation of house as an increase of assets and ultimately, in assessing so-called increase as "income from other sources" under sub-section (1) of section 19 read with section......no legal effect; and they are accordingly quashed. Order of stay granted on 23-5Â06 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......h Court Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftahuddin Chowdhury J Shahella Chowdhury............Petitioner Vs. National Board of Revenue and others…………..Respondents Judgment March 28, 2007. Case Referred To- Raghuvans..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....yed for. 2. Later Rule was obtained by defendant No. 4 upon similar revision application against same judgment and decree of reversal. Defendant No. 4 appears to be a multipurpose co-operative society of motor parts owners. 3. Opposite party No. 1 as plaintiff on 27-11-02 instituted a ......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......t the judgment and decree dated 24-5-05 passed by Additional District Judge and Bankruptcy Court at Dhaka in Title Appeal No. 393 of 2004, which reversed the judgment and decree dated 6-11Â04 of the trial Court and decreed the suit as prayed for. 2. Later Rule was obtained by defendant No. 4......ase is also Reported in: 59 DLR (2007) 207. ..Category: Property Law | Date: | Hits: 32
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....mmad Fazlul Karim J.- This petition for Leave to Appeal is directed against the judgment and order dated 18-6-2008 passed by the High Court Division in Writ Petition No. 112 of 2008 making the Rule absolute with cost declaring the initiation and continuation of the proceedÂings in Patenga Police St......nt of her property, movable and immovable. In the absence of any order or notice under aforesaid provisions of law, lodgÂing of first information report against her must be held to be unwarranted, uncalled for and mala fide. As there was no substantive offence in acceptance with law against respond......issuance of notice under section 26 of the Ain notice under Rule 15(ঘ) does not arise at all. Moreover, issuance of notice under Rule 15(ঘ) is a question of fact, which can only be decided at the trial by adducing evidence. Moreover, in view of the long absconsion of the respondent Nos. 1 and 2 ......ructed by Md. Wahidullah, Advocate-on-Record—For the Respondent Nos. 1-2. Not represented—the Respondent Nos. 3-7. Civil Petition for leave to Appeal No. 1432 of 2008. (From the judgment and order dated the 18th day of June, 2008 passed by the High Court Division in Writ Petition No. 11..Category: Anti-Corruption Laws | Date: | Hits: 143
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....al, Mahbub @ Matabuddin and Ejal Hoque were tried in absentia and each was sentenced to transportation for life and sentence has been ordered to run from the date of their arrest and other accused persons were acquitted. 2. Prosecution case as set up in the first inforÂmation report may briefly ......we pass over to consider the evidence of P.W.3 Lai Chand Chowkidar. He is a Chowkidar of Berolia Union. He stated in his evidence that on the date of occurrence Darog Ali since dead and Sepai @ Seraj called him and asked him to guard the captives and then he saw victim Asgar Ali and other 4(four) pe......9 of 1985 and appelÂlant Seraj @ Sipai of Criminal Appeal No. 113 of 1985 and non-appealing accused Giasuddin Enu Mondal @ Gobra, Ejal Hoque, Mahbob @ Mata-buddin along with 16 others were placed on trial beÂfore the learned Additional Sessions Judge, 3rd Court, Dhaka in Sessions Case No.747 of 19...... Seraj alias Shepi..................Appellant Vs. The State...................Respondent(Criminal Appeal No.113 of 1985) Judgment November 25, 1987. Case Referred to- Zamir Hussain and ors. vs. The Crown, PLD 1949 Lahore page 170. Lawyers Involved: Serajul Huq with Abdul Mal..Category: Criminal Law | Date: | Hits: 30
Sultan Ahmed Vs. Golam Mostafa alias Dulal and Others, 1987, 16 CLC (HCD)
....P.Ws. On 10.6.85 the learned Magistrate directed to issue fresh summons for the P.Ws. fixing 23.6.85. On 23.6.85 the acÂcused remained absent and filed a petition for time. The Court Sub-inspector also prayed for issuance of warrant on the witnesses and the learned Magistrate fixed 15.7.85 for evid......agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85.......time. The Court Sub-inspector also prayed for issuance of warrant on the witnesses and the learned Magistrate fixed 15.7.85 for evidence. 4. On 15.7.85 the learned Magistrate extended the time for trial of the case by 30 days stating as follows:- "Though the stipulated time will expire to day......y General with Md. Mozammel Haque-For the State. Criminal Revision Case No.26 of 1986. An application under Section 439 with Section 435 of the Code of Criminal Procedure, against the Judgment and order dated 10.8.85 passed by Mr. Nazrul Islam Magistrate 2nd Class Rajshahi arising out of G.R...Category: Criminal Law | Date: | Hits: 26
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....thorised agent of M/S. YAMA MOTO for damages arid compensation on the ground that the plaintiff while carrying on the business of manÂufacturing various types of ready made garments for export and also for local sale, in order to modern the said garment industry intended to import machineries from ......order of attachment when admittedly the money attached has already been paid to the beÂneficiary and now the bills are held by the Bank of Tokyo Ltd. and there having no property left which would be called belonging to the defendant No.1 the said amount cannot be attached. He further subÂmitted th......985 for a decree for realisation of Tk.24,56828/-against the defendant opposite parties No. 1 and 2 namely M/S Yama Moto & Co. Ltd. a company situated with its head office at Japan and pioneer inÂdustrial, authorised agent of M/S. YAMA MOTO for damages arid compensation on the ground that the plain......dent Judgment July 8, 1987. Cases Referred to- 33 DLR (AD) 298, AIR 1970 (S.C.) 891, AIR 1981 (S.C.) 1426, AIR 1986 ( S.C.) 1924, AIR 1983 (Cal), 106, AIR 1986 (Cal) 356, (1958) 1 All England Report 262, (1975) 1 All England Report 107, (1978) 1 All E.R.976, (1982) 2 All England Report 7..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....wyers Involved: Kaiseruddin Ahmed, Deputy Attorney General with Syed Mokoddas Ali, Assistant Attorney General and Md. Latifur Rahman - For the State. Muhammad Abdul Hoque - For the condemned prisoners. Death Reference No.2 of 1985 with Criminal Appeal No. 109 of 1985 and Jail Appeal...... in the crime. Confession means an admission of certain facts which constitute an offence made by a person who is charged with the offence which is subject matter of the statement. A confession to be called as such should be directly on the point admitting facts which leave no doubt that statement m......No. 108 of 1985. Judgment Syed Fazle Ahmed J.- Appellants Mizanul Islam alias Dablu, Jahurul Hossain alias Jahurul IsÂlam Fiktu along with another Sukhur Ali since acÂquitted, were placed on trial before the Additional Sessions Judge, Chauadanga-Meherpur in Sessions Case No.51 of 1984 on a ......€¦Complainant (Informant) Vs. Mizanul Islam alias Dablu & another……………………….Opposite Party (Appellant) Judgment May 11, 1987. Result: The Reference is accepted and the death sentence is hereby confirmed. Lawyers Involved: Kaiseruddin Ahmed, Deputy Attorn..Category: Criminal Law | Date: | Hits: 61
.... remained the boiler of having 1.5 tons capacity per hour and naturally the gas bill should come down because of standby and disconnection of 3 tons boiler but contrarily, the Gas Company, for the reasons best known to them, started submitting excess payment though the petitioner paid the bills from......al representations were addressed to the Gas Company requesting for correction of the bills and in reply they disclosed through sending a letter on 20-3-1996 to the Oil Mills that there was a meeting called 300th Board Meeting held on 5-12-1993 and in the said meeting the rate of gas charge had been......the said argument it will be profitable to extract clause 6 of the contract dated 1-2-1979 and the undertaking dated 23-3-1996 and 8-4-1996 which runs thus;
Contract for the supply of Gas for Industrial Use (Annexure-A) Clause-6 And I/We undertake to pay charges for gas consumption at the rates s......s Case is also Reported in: 54 DLR (2002) 35.
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Category: Civil Law | Date: | Hits: 115
ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)
....ary shares of Taka 1,000 each. The company was originally established with seven shareholders one of whom is the petitioner, who holds 1/7th share of the company i.e. to the tune of Taka 1,50,000 and some others are Mr. MA Hai, Mr. ATM Monir Hossain, Mr. Md. Nasimul Islam and Mr. Md. Aminul Islam wh......sociation a Director has power to call an Annual General Meeting. Usually the Managing Director convenes the meeting and serves notice to other Directors informing about board meetings. A meeting was called to consider the resignation letters tendered voluntarily by the Ex Chairman and Managing Dire......his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ......4 DLR (2002) 28. ..Category: Company Law | Date: | Hits: 220
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