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Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
....n the opposite parties to show cause as to why the impugned judgment and order dated 28.5.87 of the Court of Munsif, Satkhira passed in Title Suit No. 173 of 1984 should not be set aside. 2. Short facts relevant for the disposal of the rule are as follows: ‑ The petitioner as plaintiff No. 2......394. ......criminal cases were registered as Sessions case Nos. 177, 178, 179 and 180 of 1981 and the Sessions Judge by his order dated 12.5.81 discharged the plaintiffs as the prosecution failed to produce any evidence against the plaintiffs. After being discharged the plaintiff‑petitioner gave representati..Category: Administrative Law | Date: | Hits: 189
Naogaon Chitrabani Ltd. Vs. Naogaon Cinema Hall Sramajibi Union and another, 1990, 19 CLC (HCD)
....nd the order contained in the letter No. 1287 dated 15.9.87 of the respondent No. 2 (Annexure C‑4) should not be declared to have been made any lawful authority and is of no legal effect. 2. The facts leading to this rule, in short, are that the petitioner No. 1 is a private limited Company wit......Present: Nurul Huque Bhuiyan J Mainur Reza Chowdhury J Naogaon Chitrabani Ltd. a limited liability Co. & others……….........Petitioners Vs. Naogaon Cinema Hall Sramajibi Union and another.....................Respondents. Judgment June 26, 1990. Lawyers Involved: K......ake step in this behalf. We, however, make no order as to cost. Let the records of the Registrar, respondent No. 2 be sent back at once. Ed. This Case is also Reported in: 43 DLR (1991) 392. ..Category: Labour and Industrial Law | Date: | Hits: 115
Khokan Vs. State, 1990, 19 CLC (HCD)
....ary and the trial of the case should proceed even if the accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ......or the Appellants. Salma Masud, Advocate ‑ For the State. Criminal Appeal Nos. 132 & 172 of 1989. Judgment Abdul Bari Sarker J. - These two appeals are directed against the judgment and order of conviction and sentence passed by Mr. Md. Abu Baker Siddique, Additional District and S......bombs and burning the huts of the complainant in the manner stated above. He examined 7 witnesses including the informant and the 10. In the absence of the accused persons and on consideration of the evidence and materials on record he found the accused persons guilty of the accusation and convicted..Category: Criminal Law | Date: | Hits: 67
.... made purely for collateral purpose to creates hurdle on the part of the detenu to contest the ensuing election of the Parliament, that the ground of detention of the detenu in the present context of facts has become totally non‑existent and there is no reasons to pass such an order of detention w......l Jurisdiction)
Present:
Mohammad Ismailuddin Sarker J
Md. Badruzzaman J
M Mahmood..................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Home Affairs and another.............Respondents.
Judgment
February 11, 1991.
Cases Referred to-
Liv...... which is for preventing the detenu from endangering public safety or the maintenance of public order. According to the learned Attorney‑General, paragraphs 1, 2 and 3 of Annexure 'B' are pieces of evidence or materials which led to the conclusion of the detaining authority as mentioned in paragra..
Category: Constitutional Law | Date: | Hits: 178
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....ince the defendant No. 2 raised objection asserting title in the suit property provision of transfer by a benamdar under the provision of section 41 Transfer of Property Act was not applicable in the facts and circumstance of the case. Since the 1 plaintiff has not conic with clean hands he is not e......rt Division (Civil Appellate Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Silver Estate Ltd ................................Petitioner Vs. Abdul Hakim Mia and others................Respondent. Judgment April 3, 1991. Cases Referred to- AIR 19......on to transfer suit property to plaintiff Ext 3 Jha (৩ ঝ) copy of letter issued by RAJUK on 19.8.82 granting permission to transfer suit and Ext. 3 Niya (৩ ঞ). 11. On consideration of the evidence on record both oral and documentary the Court below arrived at the following findings and c..Category: Civil Law | Date: | Hits: 92
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....nd frivolous litigation is liable to be discharged. Both the parties in order to prove their respective contention examined two P.W.s and 3 D.W.s. 6. The learned Assistant Judge considering the facts and circumstances of the case and materials on record vide his judgment and order dated 23.08......ision (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Abul Hashem alias Bachhu……………..Petitioner Vs. Abdul Latif being dead his heirs (Ka) Rojia Khatun and others……….Opposite parties Judgment May 21, 2009. Result: The Rule is made abs......in the Miscellaneous case No.25 of 198, defendant petitioners examined 2 PWs and on the other hand plaintiff opposite parties also examined 3 OPWs. The learned Assistant Judge on consideration of the evidence on record opined that “so it appears that the petitioner have tried to prove their date o..Category: Property Law | Date: | Hits: 82
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....evision No.4310 of 2010 disposing of the Rule, with observations and a direction upon the parties to strictly follow the terms and conditions of the solenama filed in the Family Suits. 2. The facts relevant for disposal of the instant petition, in brief, are that the petitioner Anika Ali and...... Ahsan, son of Monjurul Ahsan Munshi.........Respondents Judgment June 9, 2011. Cases Referred To- Abdul Majid Sarker Vs. The State, 55 DLR (AD)1; Badiur Rahman Chowdhury Vs. Nazrul Islam and another, 16 BLD (AD) 263; Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 50 DLR (AD) 55; A......on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ..Category: Family Law | Date: | Hits: 327
Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)
....S in due course at the rate to be fixed by the respondents before 14.04.2011 and failing which the respondents will be at liberty to give lease to 3rd party in accordance with law. 3. The relevant facts of the case, in brief, are that the writ-petitioner, respondent herein, applied for lease of t......t Appellate Division (Civil) Present: Md. Muzammel Hossain J Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh and others.................Petitioner Vs. Md. Mustafizur Rahman Kanchan.............................eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 96
M. Akbar Ali Vs. Government of Bangladesh, 2011, 40 CLC (AD)
...., we are of the view that the order of status quo was rightly vacated. Hence, we do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ...... Nazmun Ara Sultana J Muhammad Imman Ali J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J M. Akbar Ali, son of late Akel Ali...............Petitioner Vs. Government of Bangladesh and others.........Respondents Judgment May 26, 2011. Result: The petition is dismissed......., we are of the view that the order of status quo was rightly vacated. Hence, we do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ..Category: Others | Date: | Hits: 148
Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
.... Paurashava. Both the aforementioned Civil Appeal No.218 of 2007 and Civil Petition for Leave to Appeal No.126 of 2006, were heard together and this judgment shall govern both the matters. 2. The facts relevant for disposal of both Civil Appeal No.218 of 2007 and Civil Petition for Leave to Appe...... (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Bera Pourashava and another………………Appellants (In Civil Appeal No.218 of 2007) Md. Abdul Mazid ..............gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ..Category: Election Law | Date: | Hits: 152
Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)
.... - This Civil Petition for Leave to Appeal arises out of the judgment and decree dated 03.08.2010 passed by the High Court Division in First Appeal No.281 of 2008, dismissing the appeal. 2. The facts giving rise to the instant petition, in brief, are that the respondent No.1 as the plaintiff ......, Advocate-on-Record-For respondent No.1. Not represented- respondent No.2 & 3. Civil Petition for Leave to Appeal No.2239 of 2010. Arising out of C.M.P.No.716 of 2010. (From the judgment and decree dated 03.08.2010 passed by the High Court Division in F.A. No. 281 of 2008.) Order ......payment of Tk. 15,00,000/-, which is admitted in his cross-examination. The learned advocate submits that both the trial Court and the High Court Division have not properly considered the material evidence and without considering that the plaintiff-respondent No.1 was not willing take the Kabala..Category: Property Law | Date: | Hits: 98
Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....e judgment and order dated the 6th day of July, 2009 passed by the High Court Division in Appeal from Original Decree No.387 of 2003 with Civil Rule No.697 (f) of 2003 allowing the appeal. 2. The facts involved in the case, in short, are that 'Ka' schedule property was leased out with one Faizul...... Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and another………..Petitioners (In Civil Petition No.1996 of 2009.) Nurul Absar Shaheen……......m Adhor Chand and Amor Chand. The learned Deputy Attorney General further submitted that in view of the specific findings of the Joint District Judge that the defendants failed to adduce any reliable evidence that Adhor Chand Mondal ever possessed the suit property. The learned Deputy Attorney Gener..Category: Property Law | Date: | Hits: 93
Bangladesh Vs. Md. Abdul Alim and others, 2010, 39 CLC (AD)
.... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185.......ra Kumar Sinha J Bangladesh represented by the Cabinet Secretary, Bangladesh Secretariat, Dhaka ..........................................Petitioners. (In all the Cases) Vs. Md. Abdul Alim and others ………………..................................Respondents (In Civil Petition No.130...... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185...Category: Administrative Law | Date: | Hits: 188
Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)
....up for hearing on 28.6.86. On that day the learned Munsif after hearing the parties and considering the materials placed before him took a view that the question of res judicata was irrelevant in the facts of the case and accordingly passed an order directing the issues to be framed, purporting to r....... This Case is also Reported in: 43 DLR (1991) 327. ......tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ..Category: Property Law | Date: | Hits: 80
Amina Khatun & others Vs. M/s. Quickways Agency, 1990, 19 CLC (HCD)
....e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ......tun & others ...............................Appellant Vs. M/s. Quickways Agency ...............................Respondent. Judgment August 6, 1990. Case Referred to- Aftab Flur and Allied Industries Ltd. Vs. Mst. Nasim Akhtar, 16 DLR (WP) 199. Lawyers Involved: Sk. Zulfi......leaded in this case, Manu Mia was a casual labour or the daily wages basis and the accident did not take place in the business area of the opposite party. 4. The Commissioner after considering the evidence and materials on record came to a definite finding that there was no relationship of employ..Category: Labour and Industrial Law | Date: | Hits: 98
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation and others, 1990, 19 CLC (HCD)
.... as such a suit under section 6 of the Act is incompetent. I find substance in the above contention of Mr. Hafizullah. Considering the provisions of law as contained in section 6 itself together with facts of the case and decision of the Queen's Bench Division as stated above, I hold that the presen...... Court High Court Division (Admiralty Jurisdiction) Present: Md. Mozammel Hoque J Sadharan Bima Corporation........................Plaintiff Vs. Bangladesh Shipping Corporation and others.............Defendants. Judgment June 12, 1990. Cases Referred to- Al‑Say......ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....These statements made in that petition are all true and were not made out of any malice nor with any motive to defame the plaintiff. As a matter of fact these were made in good faith for bringing the facts to the notice of the authorities for the sole purpose of their safety and protection. It is no......ivision (Civil Appellate Jurisdiction) Present: Latifur Rahman J Anwarul Hauqe Chowdhury J Abdus Sobhan…………………......................Appellant Vs. Harekrishna Kundu and another............Respondents. Judgment September 1, 1988. Lawyers Involved: Abdus......ate Mr. Abdus Sobhan." 12. Mr. Abdus Sobhan, the learned Advocate appearing before us submits that the findings of the Trial Court that the statements made in Exhibit 3 are true is contrary to the evidence on record and the Trial Court without assessing the evidence both oral and documentary in i..Category: Civil Law | Date: | Hits: 89
Zulfiquar Ali Bhutto Vs. State, 1991, 20 CLC (HCD)
....at in a similar case their Lordships of the Appellate Division granted anticipatory bail to the petitioner Golam Sarwar Kamal of that case as reported in BLD Vol. 5 page 110. We have gone through the facts of the above case. The facts of the above case are similar to the facts of the present case. ......osite Party. Judgment February 12, 1991. Cases Referred to- Sh. Zahoor Ahmed Vs. State, PLD (1974) Lahore 256; Golam Sarwar Kamal Vs. State, 1985 BLD (AD) 110. Lawyers Involved: Khandker Mahbub Hossain with Khandker Gulzar Hossain, Advocates ‑For the Petitioner. M. Shasul Al......cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312...Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....efendant Government by filing a written statement contending, inter alia, that the disputed lands were accretions to the Government lands. 4. The learned Subordinate Judge, on consideration of the facts and circumstances of the case and the evidence on record, came to the finding, inter alia, tha.......................................Appellant Vs. Abdul Wahid Sheikh (dead) his heirs & others .............Respondents. Judgment January 28, 1990. Cases Referred to- Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 31 DLR (AD) 195; Makku Mia & others Vs. Ali Hoss......ement contending, inter alia, that the disputed lands were accretions to the Government lands. 4. The learned Subordinate Judge, on consideration of the facts and circumstances of the case and the evidence on record, came to the finding, inter alia, that the disputed lands measuring 29.17 acres d..Category: Property Law | Date: | Hits: 77
Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)
....ompany has filed a Supplementary Affidavit with which it has annexed Annexures 'E' and ‘F’. The petitioner also submitted an affidavit in reply with an Annexure 'A'. 5. In view of the above facts Mr. Abdur Rashid Khan, the learned Advocate appearing for the respondent No. 1, submits that t......e no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ......in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ..Category: Intellectual Property Law | Date: | Hits: 219
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