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....he defendants restraining them from taking any legal or other action and/or proceeding on the basis of alleged contracts said to have been entered into between the plaintiff and defendant No. 1 and also on the basis of illegal, malafide and void Award obtained by the defendant No. 1 from the defenda......discharged. No order as to cost. The plaint of Title Suit No. 139 of 1994 of 5th Court of Subordinate Judge at Dhaka is hereby rejected. Order of stay as granted at the time of issue of the Rule is recalled and vacated.
Plaint of the suit having been rejected, no separate order needs to be passed......e decision in the case of Md. Yousuf Vs. Alhaj G P Mollah and Co., 1987 BLD 77.
15. Opposing the Rules, Mr Rafiq-ul Huq, learned Senior Counsel for the plaintiff submits, we find rightly, that the trial Court correctly rejected the applications for return of the plaint and stay of further proceed......e is also Reported in: 54 DLR (2002) 17...
Category: Civil Law | Date: | Hits: 101
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
....r declaration that the decree in question as described in 'Kha' schedule of the plaint was fraudulent and not binding upon them. Thereafter, plaintiffs opposite party Nos. 1 and 2 on 22‑2‑1994 also filed an application under Order XXXIX rule 1 read with section 151 of the Code seeking for tempo......ocates‑ For the Petitioner Not represented‑ the Opposite Parties. Civil Revision No. 1389 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule the opposite party Nos. 1 and 2 were called upon to show cause as to why the impugned order dated 5‑5‑1996, passed by the learned Sen......ffs opposite party Nos. 1 and 2 on 22‑2‑1994 also filed an application under Order XXXIX rule 1 read with section 151 of the Code seeking for temporary injunction in respect of the suit land. The trial Court issued show cause notices upon the defendant-petitioners, along with it also granted ad...... Mitra, Advocates‑ For the Petitioner Not represented‑ the Opposite Parties. Civil Revision No. 1389 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule the opposite party Nos. 1 and 2 were called upon to show cause as to why the impugned order dated 5‑5‑1996, passed by the ..Category: Property Law | Date: | Hits: 28
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....eous Case No. 37 of 1993. In the said application it was further prayed to stay operation of the impugned ex parte order of pre‑emption till disposal of the Raid application. That application was also kept in the record and 6‑11‑93 was fixed for filing deficit postage by the pre‑emptee oppos...... Advocate‑ For the Petitioner. Not represented‑ the Opposite Parties. Civil Revisional No. 2699 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule opposite party Nos. 1 and 2 were called upon to show cause as to why the judgment and order dated 21‑4‑96 passed by the learned A......ner, it is an appealable order under Order XLIII rule 1(d) of the Code of Civil Procedure, but when the default is for non taking of step for filing postal requisites, can it be set aside by the same trial Court invoking section 151 of the Code. On this legal question, the principle as evolved in th......9...Category: Property Law | Date: | Hits: 36
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....1-07-85 only for fixing a date of hearing. On 29-07-85 the case was however fixed for hearing on 10-08-85. But the case was withdrawn from the list of peremptory hearing for obviating the addition of some parties who were left out. This way the case was dragged on and on to 29-12-85 fixed for steps ......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ......ptor opposite party and restoring the Miscellaneous Case No. 31 of 1984 to its file and number on setting aside the order of dismissal for default. 2. This case exposes the dismal condition of the trial system. On 15-12-73 the petitioner purchased the case land by a deed of sale registration of w......D) (2000) 109. ..Category: Civil Law | Date: | Hits: 69
Mirza Anwarul Islam alias Tanu Vs. State, 1999, 28 CLC (HCD)
....ar bill has usurped the character of fine and it is realisable under section 396(1)(a) of the Code of Criminal Procedure. 3. Section 7A of the Telegraph Act, 1885 reads as follows: “If any person does not pay any sum due from him under this Act in respect of any telegraph or message, the sum......not find any merit in this Rule which is liable to be discharged. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported i......anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ......n 20-7-1992 leading to complaint case TR/Court Case/ Special/Dinajpur 4388/ 92-93 for realisation of a sum of Taka 96,608/85 being the arrear telephone bill, on the allegation that though repeated demands for the same was made but the defaulter accused petitioner has not paid the bill and, as such, ..Category: Criminal Law | Date: | Hits: 37
Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
....tatement. 3. The suit reached to the peremptory stage 20-4-1999 was fixed for further hearing. Both plaintiff and defendant filed hajira. Defendant presented an application in the court for comparison of his alleged handwriting appearing in a Angikar Patra dated 30-12-95 and a Shikriti Patra date......ional authority under section 115 of the Code of Civil Procedure. The order under challenge appears to be very much methodised by analogy and disciplined by a system. No interference is, therefore called for. Resultantly, this Rule stands discharged both on the question of maintainability and ......efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ......………..Opposite Party Judgment December 2, 1999. Lawyers Involved: Md. Abul Kalam Moinuddin, Advocate—For the Petitioner. Khurshid Alam Khan with Farida Yeasmin, Shahnaj Bablee and Pankaj Kumar Kundu, Advocates — For the Opposite Party. Civil Revision No. 1637 of 1999. ..Category: Family Law | Date: | Hits: 185
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....the election petition No. 2 of 2001 pending before this Court stating, inter alia, that the petitioner Idrish Ali Bhuiyan and the respondent No. 4, i.e. the present petitioner Dr. Alauddin Ahmed, and some other respondents contested the general election for the Member of National Assembly of the Con......fore the Election Tribunal under Article 49 of People's Order No. 155 of 1972 subject to the condition stated in Articles 50 and 51 of the Representation of People's Order No. 155 of 1972 hereinafter called the People's Order of 1972. The petitioner in violation of Article 50 of the Representation o......nt No. 4 shall be decided first and if the petition is found fit then amendment petition may be heard and considered and that the Civil Procedure Code is applicable when the petition is found fit for trial and not prior to that. In support of his above submission he relied on a decision reported in ......din Ahmed, respondent No. 4 of this election petition, prays for dismissal of the election petition No. 2 of 2001 pending before this Court stating, inter alia, that the petitioner Idrish Ali Bhuiyan and the respondent No. 4, i.e. the present petitioner Dr. Alauddin Ahmed, and some other respondents..Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....arty J Hanif Ali (Md)…………………………..Petitioner Vs. Hajera Khatun and others…………….. Opposite Parties Judgment February 10, 2002. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order XVIII rule 17 ......oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ......Code of Civil Procedure inasmuch as the purpose of the partition suit is only to try the common and joint ownership lands to the exclusion of the (sic) in dividing owner's lands and thus the Court of trial below committed an error of law resulting in an error in the decision occasioning failure of j......2003) 17. ..Category: Property Law | Date: | Hits: 34
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
.... stock of 13670 cartons was not there in the godown. On query, it was informed to the Bank officer that entire stock was delivered to the importer on the request of Md. Habib, the guarantor, it was also stated by the godown authority that Mr. Habib promised to refund the entire stock to the godown w......e Petitioners. Rafiqul Haque with M Nazrul Islam, Advocates—For the Opposite Party. Criminal Appeal No.1156 of 1999. Judgment Md. Hamidul Haque J. - By this Rule the opposite party was called upon to show cause as to why the proceedings of GR No. 929/98 now pending in the Court of Chi...... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ......Case is also Reported in: 52 DLR (HCD) (2000) 105. ..Category: Criminal Law | Date: | Hits: 39
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....ool on the plea that the suit lands were recorded with other land in SA Khatian No. 33 in the name of Kasiruddin Chowdhury and Karimuddin Chowdhury. The plaintiff further stated that the aforesaid persons had no right, title, interest and possession in the suit land as those persons died long before......er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102....... No. 3 of 1997 in the Court of District Judge, Panchagarh. The learned District Judge heard the appeal and was pleased to set aside the order dated 22-2-97 and affirmed the order dated 1-10-96 of the trial Court. The learned District Judge directed the parties to maintain status quo in respect of th......School……………Petitioner Vs. Sabbir Hossain Chowdhury & others………………Opposite Parties Judgment November 2, 1999. Case Referred To- Uttara Bank Vs. Macneil and Kilburn Ltd. and others, 33 DLR (AD) 298. Lawyers Involved: Md. Nazibar Rahman, Advocate- ..Category: Property Law | Date: | Hits: 21
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....’ property measuring 5.59 acres in mouza Baruiagram of Police Station Savar, Dhaka has been acquired in LA Case No.6 of 1994-95; that in due course compensation in respect of 4.55 acres of property so acquired was assessed at Taka 47, 92,200.00 and that assessment of compensation as regards 1.04 a......on with compensation and shall either fix the amount of compensation or specify the principles on which, and the manner in which, the compensation is to be assessed and paid; but no such law shall be called in question in any court on the ground that any provision in respect of such compensation is ......ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ......o Reported in: 52 DLR (HCD) (2000) 99. ..Category: Alternative Dispute Resolution | Date: | Hits: 191
Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)
.... a further period of 15 days. By the impugned judgment the learned Additional District Magistrate set aside the order of conviction and sentence passed by the trial Court and acquitted the accused persons. It is against this order of acquittal the complainant petitioner moved this Court and obtained...... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97....... Taka 500.00 in default, to suffer RI for a further period of 15 days. By the impugned judgment the learned Additional District Magistrate set aside the order of conviction and sentence passed by the trial Court and acquitted the accused persons. It is against this order of acquittal the complainant...... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Gour Gopal Saha J Jahiruddin Ahmed………………………………Petitioner Vs. Yasinuddin and others………………………Opposite Parties Judgment June 3, 1998. Lawyers Invo..Category: Criminal Law | Date: | Hits: 30
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
.... of Taka 51,53,073 and on 2‑4‑1985 on receipt of Taka 3,00,000 he executed an agreement 'Bainapatra' and agreed to execute and register necessary deed of sale in favour of the plaintiff or any person nominated by him. 4. Defendant No. 1 also entered into another contract with pro‑forma defe......d employees as witnesses for bringing, evidence as the plaintiff found no one to Support his case. 23. He submitted that defendant No. 1 clearly denied to have received any payment by singing so-called debit vouchers issued from the company and those vouchers were created for the Suit. Learned ......ed to get him examined on commission but abandoned the idea thereafter. Evidence led to prove that the plaintiff was indisposed to come to court also could not be proved. 21. He submitted that the trial Court fell in error in relying upon the endorsement/ acknowledgment alleged to have been made ......ed in: 56 DLR (2004) 39. ..Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
.... HM Shahid ...............Appellant Vs. State................... Respondent Judgment August 3, 2003. Case referred to- Safdar Ali vs. Crown 5 DLR (FC) 64. Lawyers Involved: Masood R Sobban, Advocate-For the Appellant. Not represented- the Respondent. Jail Appeal No. 36......ant came to her when she was walking in the field in front of their house and introduced him as the maternal uncle of the victim girl and requested her to call her downstairs. Accordingly, PW 4 Molly called her friend PW 2 downstairs saying that she was called by her maternal uncle and PW 2 in good ......used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35.......ted- the Respondent. Jail Appeal No. 368 of 2002. Judgment Md. Joynul Abedin J.- This Jail Appeal by the accused appellant Md. Shahidul Islam alias HM Shahid is directed against the judgment and order of conviction and sentence dated 15‑5‑2002 passed by the Nari‑o‑Shishu Nirjatan Da..Category: Criminal Law | Date: | Hits: 43
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....s Judge, Noakhali to Druta Bichar Tribunal, Chittagong. 2. In Writ Petition No. 6047 of 2003 the petitioner challenged the vires of the aforesaid law, in particular sections 5 and 6 thereof, and also challenging the aforesaid SRO transferring Double Mooring (Chittagong) Police Station Case No. 28......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ......ch shall govern both the writ petitions. 4. The petitioners are accused in two separate cases as already mentioned above. After investigation charge-sheets being submitted, the cases were sent for trial before the respective Courts as mentioned above and therefrom have been transferred to the Dru......e Appellate Division Judgment here. Supreme Court High Court Division (Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J Syed AB Mahmudul Huq J Abdul Kader Mirza and another…………………….. Petitioners Vs. Bangladesh, represented by the Secretary..Category: Criminal Law | Date: | Hits: 50
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....mount of USS 2,66,600 from the account of the National Bank Ltd, Khulna, maintained with American Express International Banking Corporation, New York (AMEX for short). The Habib Bank, Dubai Branch, also informed the NBL, Khulna Branch, by its telex dated 20‑3‑1986 about their such demand of paym......elay raised by the defendant in sending the documents was not that much material. He further held that since the payment was refused much before sending of the documents on some other grounds, the so-called delay cannot outdo or vitiate the plaintiffs claim for payment. On the question raised by the......technical discrepancy and the defendant having failed to raise such objection of discrepancy within a reasonable time, they are not entitled to raise such objection of discrepancy subsequently at the trial. The learned Counsel strenuously argues that unless such objection is not raised within 3(thre...... Ed. This Case is also Reported in: 56 DLR (2004) 15. ..Category: Business or Commercial Law | Date: | Hits: 202
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....The informant filed a petition of complaint with the Magistrate, 1st Class, Nilphamari on 6‑11‑1996 against the accused-petitioners alleging, inter alia, that his father has been the owner, possessor and person in interest of 0.6 decimals of paddy land under Nilphamari Bazar Khatian No. old 152,......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......Magistrate, 2nd Class, Nilphamari in GR Case No. 178 of 1996 arising out of Nilphamari PS Case No. 3 dated 6‑12‑1996 under sections 143/447/323/324/379/307/114 of the Penal Code and directing the trial Court to write a fresh judgment on retrial in the light of discussion of evidence made in the ...... This Case is also Reported in: 56 DLR (2004) 12. ..Category: Criminal Law | Date: | Hits: 34
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
....l of nature when accused Shahinur Alam and others forcibly abducted her for immoral purpose by wrapping a Gamcha over her mouth and thereafter they committed rape on her. Subsequently, the accused persons left her in the field, in a battered condition. 3. The police after usual investigation subm...... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ......e field, in a battered condition. 3. The police after usual investigation submitted charge-sheet against appellant under section 9(1), (3) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 to face trial before the Court. 4. On the aforesaid allegations the accused persons were put on trial bef...... Nari‑o‑Shishu Nirjatan Daman Tribunal, Rangpur in Nari‑o‑Shishu Nirjatan Daman Case No. 455 of 2001, allowing an application by the prosecution for re‑calling 6, witnesses already examined and discharged by the Court. 2. The prosecution case, in short, is that 2‑4‑2001 was fixed fo..Category: Criminal Law | Date: | Hits: 37
....rance certificate before expiry of the said period. For installation of the Muri Factory the petitioner made registration in the office of Investment Board, Government of Bangladesh. The petitioner also obtained licence from the Department of Fire Service & Civil Defence, Government of Bangladesh.......ing the “পরিবেশ গত ছাড়পত্র”.
13. It is very interesting to note that both the respondents as well as the applicants tried to rely upon the fact of holding of a so-called inquiry held by one Mr. Md. Amirul Islam Khan, Inspector, Paribesh Adhidaptar Dhaka Division ......n of this Court. Mr. Enayetur Rahim lastly, submitted that bidhi 7(1) of Paribesh Sangrakhan Bidhimala, 1997 framed under the Paribesh Sangrakhan Ain, 1995 has categorised the industries and the industrial projects having the effect of environmental pollution for the purpose of giving “পরি......iginal Jurisdiction)
Present:
MA Wahhab Miah J
Shamim Hasnain J
Abu Jafar Md. Nurul Islam...................Petitioner
Vs.
DG, Department of Environment, Government of Bangladesh and others.........Respondents
Judgment
July 15, 2003.
Cases referred to-
Chairman, Zill..
Category: Environmental Law | Date: | Hits: 226
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....hallenged the imposition of separate customs duties and other taxes on its various equipment, in addition to the taxes and duties levied on the vessel itself on its LDT. Further, the assessment has also been questioned as customs duties and other charges along with VAT have been calculated on the ba...... weight of the loaded goods, fuel, weight of the water to keep the empty vessel balanced, weight of the drinking water kept in the ship, weight of the other goods, things and weight of the sailors is called "constant" and when constant and LDT are taken together then it is called "dead weight". The ......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11....... Division (Special Original Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J Didarul Kabir (Md)...............................Petitioner Vs. Commissioner of Customs and others………..….Respondents Judgment August 7, 2001. Lawyers Involved: Dr. M...Category: Fiscal/Taxation Law | Date: | Hits: 77
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