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Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
.... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ...... State reported in 6 BLC 335 and the case of State Vs. Liton @ Abdul Matin and others reported in 7 BLC 622. 10. Last of all, he submits that since the victim died for the cause of street accident according to the medical expert’s report and since the dying declaration allegedly made by the vic...... Vs. The State...….........................................Respondent Judgment April 26, 2011. Lawyers Involved: Md. Khairul Alam-For the Appellant. Biswajit Deb Nath, Deputy Attorney General with Nizamul Hoque Nizam, Assistant Attorney General and Shaikat Basu, Assistant Atto......d after a long delay of date of occurrence the learned Additional Sessions Judge should not have put reliance upon their testimony. The investigation of the case can be said to have been done with a flaw. Finally, he submits about the dying declaration on the basis of which the judgment has been pas..Category: Criminal Law | Date: | Hits: 73
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ......o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ......ases Referred To- Bangalore Medical Trust Vs. BS Muddappa reported in AIR 1961 (SC) 1902; Giasuddin Vs. Dhaka Municipal Corporation 17 BLD 577= 49 DLR 199. Lawyers Involved: AF Hasan Arif, Attorney General, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Petitioners. (In both the...... in writ petition Nos.1046 and 1408 of 1993 absolute declaring the lay out plan No.TP/RLP/I886/FEB-1/91(5) dated 9-2-91 as evidenced by Annexure 'G' to the writ petition to have been made without any lawful authority and is of no legal effect and further directing the petitioners to restore all civi..Category: Property Law | Date: | Hits: 92
Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)
....it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......eputy Attorney General. But the Hon'ble Court was pleased to ask the learned Deputy Attorney General for the respondent to make submission upon going through the record available before the Court and accordingly the learned Deputy Attorney General made verbal submission for the respondent which was ...... and others...........Petitioners Vs. Anisur Rahman and another ...............................................Respondents Order March 15, 2011. Lawyers Involved: Mahbubey Alam, Attorney General (Mojibar Rahman Miah, Deputy Attorney General with him) instructed by B. Hossain, Adv...... i. For that the writ petition No.10371 of 2006 having being heard and disposed of without giving effective opportunities of proper representation by the respondents inspite of the fact that the law officer who appeared in the case prayed for adjournment for filing affidavit-in-opposition and p..Category: Property Law | Date: | Hits: 85
Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
....he suit afresh after framing an issue as to plaintiffs' claim of adverse possession. 9. The learned Counsel the petitioners has argued also that the revisional court has committed wrong and also injustice in setting aside the concurrent findings and decisions of the courts of facts without taking......h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......etitioners. Abdul Wadud Bhuiyan, Senior Advocate instructed by Giasuddin Ahmed, Advocate-on-Record-For Respondent Nos.1-19. Not represented-Respondent Nos. 20-75. Civil Petition for Leave to Appeal No. 491 of 2009. (From the judgment and order dated 15.12.2008 passed by the High Court......d out the existence of patta dated 10.05.1913. That at the time of R.S. operation the predecessor of the defendant Nos.1-4 Abdul Ali went to Rengun for earning money and he entrusted his brohter-in-law Ali Hossain-the predecessors of the plaintiffs to get the tank recorded in his name, but Ali Hos..Category: Property Law | Date: | Hits: 77
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ...... he has sold out his share and, as such, Chittagong Cement Clinker Grinding Company Ltd. and TK Oil Refinery Ltd. should be made parties and the arbitration proceeding should be proceeded against and accordingly those two companies were added as second party Nos. 2 and 3. Thereafter, 27-8-1995 was f......or the Petitioner. Azizul Hnque, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No.1. Not Represented—For the Respondent No.2-3. Civil Petition for Leave to Appeal No. 1686 of 2009. (From the judgment and order dated 18-5-2009 passed by the High Court......should have been made by the Court on the application of the parties. The learned Counsel has argued that both the Courts below have committed wrong illegality in not rejecting the award holding it unlawful. 6. Mr. Azizul Haque, the learned Advocate appearing for the respondent No.1 read out sect..Category: Alternative Dispute Resolution | Date: | Hits: 182
Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)
....at it was only reasonable and conscionable to allow the adjournment application to give an opportunity to the petitioner to pursue his lawful remedy and not to pass any order to defeat the cause of justice of the Republic and of the property. 16. The learned Counsel further submits that the pet...... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ......m, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No.1. (In both the cases) Not represented-Respondent Nos. 2-6. (In both the cases) Civil Petition for Leave to Appeal Nos. 655 and 656 of 2010. (From the judgment and order dated 28.02.2010 passed by the H......M Mostafa filed Contempt Petition No.156 of 2009 (arising out of Writ Petition No.2272 of 2005) before the High Court Division for drawing up proceeding for Contempt of Court for willful disregard of lawful direction passed by the Court in the judgment and order dated 03.05.2005 in Writ Petition No...Category: Others | Date: | Hits: 118
Md. Ashraful Islam Vs. State, 2009, 38 CLC (AD)
....tion under Section 19(1) Table 1(Kha) of Narcotics Control Act, 1990 is not sustainable in law and as such, the conviction and sentence passed by the trial Court is liable to be set aside for ends of justice. The learned Counsel further submitted that the P.W.I, informant stated in his deposition ...... for the appellant that "in order to maintain impugned conviction and sentence under the above provision it is essential for the prosecution to prove possession of more than 25 grams of heroine. But, according to him, in the instant case, there is no evidence of possession of more than 25 grams of......y of January, 2003 passed by the High Court Division in Criminal Appeal No.3080 of 2000 dismissing the appeal. 2. The facts involved in case, in short, are that one Majidur Rahman the then Inspector, Drug Control Directorate, Sadar Circle, Jessore (P.W.1), accompanied by Md. Abdur Rashid, the t...... the prosecution has failed to prove recovery of more than 25 grams of heroine from the possession of the appellant and in such view, the impugned conviction and sentence cannot stand in the eye of law." 5. Mr. Khandaker Mahbub Hossain, learned Counsel, appearing for the appellant has strenuo..Category: Criminal Law | Date: | Hits: 80
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
.... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......hased land was delivered on 20.01.1954 through Court. Ali Ahmed being in possession of the auction purchased land for more than 12 years got his name mutated in the government record and paid rents accordingly. S.A. Khatian No.197 and R.S. Khatian No.1248 were accordingly prepared in his name. He ...... G. Bhuiyan, Advocate-on-Record-For the Respondent. Civil Review Petition No.90 of 2010. (From the judgment and order dated 6.5.2010 passed by the Appellate Division in Civil Petition for leave to appeal No.1359 of 2009). Order Syed Mahmud Hossain J.- This application for review arises...... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344...Category: Property Law | Date: | Hits: 72
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....ame subject matter. We hope that the High Court Division will not persuade to exercise its power in future in the manner it has exercised and will follow the precedents strictly for the interest of justice, otherwise the administration of justice will be difficult and the peoples' perception tow......is to refer the matter to a Full Bench. Every Judge of the High Court Division before he enters upon his office is to take an oath of office (1) that he will faithfully discharge the duties of office according to law, (2) that he will bear true faith and allegiance to Bangladesh, (3) that he will pr......985) 1 SCC 122; Union of India Vs. Hindustan Development Corporation, AIR 1994 SC 988; Punjab Communications Ltd. V. Union of India, AIR 1999 SC 1801. Lawyers Involved: Murad Reza, Additional Attorney General (with Akram Hossain Chowdhury, Deputy Attorney General), instructed by Mrs. Sufia Kha......sons who have already been appointed in the service after the second viva voce examination will also remain in their service and the seniority of the petitioners will be determined in accordance with law. (3) The Government is hereby directed to appoint the petitioners within 3(three) months fro..Category: Constitutional Law | Date: | Hits: 247
....oceed with the construction on the aforesaid drain‑passage further.
The rule is, accordingly, made absolute. No order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 331.......he Chief Engineer of the Corporation, were collecting building materials to build a market complex on the said junction point of the said drain passage and created pillars thereon. Such construction, according to them, will not only block the flow of water causing inundation but as well obstruct in ......
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Mahmudul Amin Choudhury J
AKM Mizanur Rahman and others…………….Petitioner
Vs.
The Chairman and Administrator, Chittagong Municipal Corporation and others..............Respondents
Judgment
July 4, 199......o construct a market complex on the drain passage of Chittagong Development Authority Avenue, Chittagong by the Chittagong Municipal Corporation should not be declared to have been undertaken without lawful authority and is of no legal effect.
2. The Rule was issued at the instance of the petitio..
Category: Property Law | Date: | Hits: 58
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....ourt in the form of a revisional application and obtained this Rule on the ground that the Court below failed to make proper appraisal of material evidence on record and thereby caused miscarriage of justice. 6. Mr. Mihir Kanti Mazumder, the learned Advocate for the petitioners, submits that whil......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......, in short are that the plaintiff opposing party instituted Title Suit No. 470 of 1984 against the defendant petitioners for permanent injunction restraining the defendant petitioners from entering into the suit land and from disturbing the plaintiff's peaceful possession of the same. The suit land ......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ..Category: Property Law | Date: | Hits: 101
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ssued under section 33 (7) of the Artha Rin Adalat Ain, 2003. All the said actions were done and proceedings were taken beyond the knowledge of the petitioner. Thereafter he served a notice demanding justice dated 13.5.2008 upon the decree-holder bank requesting to release his property from the sche......to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......oceeded in accordance with law- No certified copies of the plaint in the Artha Rin Suit, the decree passed therein, application for execution and order sheets have been annexed with the writ petition to make out a case- Without such statement and in absence of the such documents, presumption is that...... party in the Artha Rin Suit, or any summon was served upon him in the suit, if any; or whether the suit was properly instituted and execution case was properly filed and proceeded in accordance with law- No certified copies of the plaint in the Artha Rin Suit, the decree passed therein, application..Category: Civil Law | Date: | Hits: 85
Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324.......er‑federation, she cannot be a member of the petitioner‑federation and consequently, she cannot hold the position of Chairperson which is against the bye‑laws of the petitioner‑federation and accordingly she was removed and that the respondent Nos. 1 and 2 had no authority under section 22(4.........Respondents. Judgment December 2, 1992. Lawyers Involved: AFM Mesbahuddin, with A Baset Majumder & Md. Mohsen Rashid, Advocates ‑ For the Petitioner. AF Hasan Ariff, Deputy Attorney‑General - For the Respondents 1‑3. Syed Mokaddas Ali, Advocate ‑ For respondent No.5......airman of the petitioner federation, hereinafter referred to as the 'KARIKA', and the connected order dated 25.10.92 passed by the respondent No.1 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner is, that it is a reg..Category: Others | Date: | Hits: 136
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....que along with his brother Shahebullah and Tajul Islam came to his house and then also he assaulted his daughter by brick on her head and he took this matter to the Chairman of the Union Parishad for justice and the matter was settled on compromise and thereafter Nurul Hoque again took his daughter ......and even went to the father‑in‑law's house of Nurul Hoque to give him a false news that his daughter had run away with a muffler and Taka 30.00 which muffler of course is missing from the hut but according to her statement before the Magistrate, the muffler is taken away from the hut by Nurul Ho......nother ................Appellants Vs. The State …………..Respondent Judgment March 25, 1992. and April 13, 1992. Result: The death penalty is affirmed. Cases Referred to- AIR 1977 (SC) 1116; 126 IC 689; 62 IC 545; PLD 1964 (AC) 813; 31 DLR 312, 16 DLR 598; AIR 197......n presence of the local Chowkider and the village defence party members but none was found there. The police thereafter received an information that the convicted accused Semona Khatun, mother‑in‑law of Taslima Begum, the victim and her husband's younger brother Abdul Hoque are in Rakhi village,..Category: Criminal Law | Date: | Hits: 76
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304.......bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304.......lding, Segunbagicha, Dhaka and others……….....Respondents Judgment March 30, 1993. Lawyers Involved: Md. Fazlul Karim, Advocate ‑ For the Petitioner. AK Mujibur Rahman, Deputy Attorney General ‑ For the Respondents. Writ Petition No.1418 of 1988. Judgment Mohammad Gh......) of section 10 of Ordinance No.54 of 1985 the Court of Settlement ought to have given a decision in the case irrespective of non‑appearance of the parties and as such the impugned order is without lawful authority and is of no legal effect. 5. Mr. AK Mujibur Rahman, the learned Deputy Attorney..Category: Procedural Law | Date: | Hits: 59
....ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
......ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
......dents (1) Government of Bangladesh represented by the Secretary, Ministry of Works, Urban Development, (2) Assistant Commissioner, Abandoned Property Management Board, Dhaka and (3) Mrs. Khairun Nesa to show cause why the impugned order dated 9.6.91 issued by the respondent No.2 Assistant Commission......ssued by the respondent No.2 Assistant Commissioner, Abandoned Property Management Board, Dhaka by his memo No.14 Shuk‑170/85‑69 (Annexure C) shall not be declared to have been issued without any lawful authority and to be of no legal effect.
2. Impugned order contained in Annexure G dated 9...
Category: Property Law | Date: | Hits: 86
Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)
....udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ......udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ...... and decree dated 14.1.71 passed by the Munsif, 2nd Court, Gopalgonj in Title Suit No.135 of 1969. 2. The case of the plaintiff, in short, is that deceased Ganzer Molla, father of defendant Nos. 1 to 3 and his wife defendant No.4 filed Title Suit No.179 of 1965 in the Court of the Subordinate Jud......79 of 1965 is a nullity as the same was obtained by practising fraud upon the Court and further held that the suit is not maintainable in its present form. 6. Fraud is a mixed question of fact and law. Court of appeal below on consideration of the evidence came to the finding "I am inclined to be..Category: Property Law | Date: | Hits: 88
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ni Bank, Laldighi East Branch, Chittagong and others…... Respondents Judgment February 10, 2011. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003), Section 37 The mandate of the Ain to conclude an execution case within 150 days appears to be directory, not mandatory inasmuch as it ......s (90+60) for conclusion of an execution case under the Ain already expired on 2.12.2003. Therefore, the continuance of the execution case in question after expiry of 2.12.2003 is beyond the scope of law and as such without lawful authority. The learned Advocate further submits that the executing Co..Category: Civil Law | Date: | Hits: 84
....inquent students.
15. The Supreme Court of Pakistan, in the case of Chief Commissioner Karachi Vs. Mrs. Dina Sohrah Katrak, reported in PLD 1959 (SC) 45 laid down as rule, the principle of natural justice, "Maxim: audi alteram partem" No man shall be condemned unheard" applies to judicial as well......itioner that she made a reply to the allegation as levelled against her by denying the charges. It is further stated by her that she was not asked by the Inquiry Committee to be personally heard and, according to her, no meaningful inquiry was held and no witness was examined and further no copy of ......ocate ‑ For the Respondents.
Writ Petition No. 868 of 1991
with
Writ Petition No.1560 of 1991.
Judgment
Quazi Shafiuddin J.- In Writ Petition No.368 of 1991, 40 petitioners joined together and obtained the Rule challenging the validity of the impugned order (Annexure F) dated 31.......re of the respondent No.1 and the impugned proceeding pursuant to which the said order was made. The respondents were asked to show cause why the same should not be declared to have been made without lawful authority and to be of no legal effect. In Writ Petition No. 1560 of 1991 petitioner Kabita R..
Category: Others | Date: | Hits: 153
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....nsel submits that the report of the District Judge withholding the service return was practically no service in the eye of law. Therefore, he prayed for rehearing of the revision case for the ends of justice invoking the aid of section 151 of the Code of Civil Procedure. 5. Mr. Hassan Foez Siddiq......ring mistake which has occasioned miscarriage of justice because the petitioner got no opportunity to appear and contest the revision case due to the non‑service of the notice. In the present case, according to the learned Counsel, the provision of section 151 of CPC is very much attracted as ther......ccess in the same. 4. Mr. Abdul Huq the learned Counsel appearing for the Petitioner, submits that no notice was ever served upon the plaintiff opposite parties in the revision case. There appears to be simply a report of the District Judge, Kushtia, that oil search of ‘khatapatra’ it appears......atra’ it appears that after service of notice in the Civil Revision, service return was sent to the Honourable Supreme Court, High Court Division Dhaka. On 27.3.82, the matter was placed before the lawazima as to whether fresh service would be necessary. The Single Judge sitting at the relevant ti..Category: Property Law | Date: | Hits: 90
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