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Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)
....le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ......le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ......itle by adverse pos session and also for a further declaration that the registered kabala deed dated 16-4-1969 executed by the defendant Nos. 5-7 in favour of the predecessor of the defendant Nos.1-4 to be inoperative and not acted upon contending, inter alia, that the suit land belonged to the defe......without proper discussions of the evidence on record and being failed to conceive and consider the principle of acquisition of title by adverse possession has decreed the suit out of misconception of law and fact and the same is not sustainable in law. 10. Mr. A Baset Majumder, the learned Advoca..Category: Property Law | Date: | Hits: 74
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38.......e under sections 54 and 55 of the Ordinance. 4. On receipt of the complaint, learned Chairman of the Second Labour Court, Dhaka found prima facie case against the petitioner and issued process accordingly. The petitioner surrendered in the said Court and obtained bail. Thereafter, he filed a......nal Revision Case No. 811 of 1995. Judgment Md. Azizul Haque J.- This Rule, on an application under section 561A of the Code of Criminal Procedure, was issued calling upon the opposite parties to show cause as to why the proceeding in Criminal Case No.1 of 1994 under section 54 and 55 of the......s liable to be discharged. In the result, the Rule is discharged and the stay order dated 23-7-1995 stands vacated. The Second Labour Court, Dhaka shall proceed with the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary ..Category: Labour and Industrial Law | Date: | Hits: 147
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......¨à§€à¦¤à¦¿ দমন কমিশন বিধিমালা ২০০à§, the learned Sessions Judge is empowered to accept such applications as are made to him on behalf of the respondent No.1 and accordingly, the learned Sessions Judge passed the impugned orders only to facilitate the inquiry in......€¦â€¦..Petitioner Vs. Chairman, Anti-Corruption Commission and others..................Respondents Judgment February 25, 2010. Result: The Rules are made absolute. Cases Referred to- Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzzaman, Deputy Director, Bureau of Anti-Corruption, ......n, Advocates - For the Petitioner. Md. Khurshid Alam Khan, Advocate - For Respondent No.1. Writ Petition Nos. 2094, 2095 of 2002. Judgment Moyeenul Islam Chnwdhury J.- As the questions of laws and facts involved in Writ Petition Nos. 2094 of 2002 and 2095 of 2002 are virtually one and th..Category: Anti-Corruption Laws | Date: | Hits: 200
Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)
.... Md. Khairul Huda which is evident from Annexure A. Thereafter the petitioner made a prayer before the ADC Revenue for accepting rent from them but in vain and, as such, by serving a notice demanding justice the petitioners requested the respondent for receiving rent from them but with no response a......nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31.......e Secretary, Ministry of Land and others..........Respondents. Judgment August 17, 2009. Lawyers Involved: Md. Abdul Haque, Advocate - For the petitioners. ARM Hasanuzzaman Assistant Attorney-General - For the Respondents. Writ petition No. 87 of 2008. Judgment Shahidul Islam......d merit in the Rule. In the result, the Rule is made absolute, however without any order as to costs. The respondents are directed to receive rent from the petitioner upon mutating their names as per law. The respondents are further directed to inform this Court about the compliance thereof within 4..Category: Property Law | Date: | Hits: 69
Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)
....ppeal No.197 of 1987 arising out of Title Suit No.138 of 1985 now pending before the learned District Judge, Manikgonj require to be heard analogously and for that purpose it is necessary for ends of justice to transfer Title Appeal No.197 of 1987 from the Court of District Judge, Manikgonj to this ...... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25.......e J Saroj Kumar Sarker and others ......................Petitioners. Vs. Manoj Kumar Sarkar………………………….Opposite Party. Judgment February 5, 2007. Cases Referred to- Ayesha Vs. Daleep A 1961 Raj 186, Geyer Vs. GA 1949 L 34; Rosamma Joseph Vs. PC Sabastian, AI...... be withdrawn from the Court of learned District Judge, Manikgoni for transferring the sane to this Court for analogous hearing with First Appeal No.15 of 1988. 12. Now let us see the provision of law in respect of transfer and withdrawal of Suit and appeal which is envisaged in section 24 of the..Category: Property Law | Date: | Hits: 68
Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... the impugned notice was without jurisdiction. It is further contended that a copy of the inquiry report was not attached with the notice and hence the notice is in violation of principles of natural justice. 4. In a supplementary affidavit filed by the petitioner it is further contended that the......ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20.......or the Petitioner. Md. Khurshid Alam Khan, Advocate-For Respondent No. 3. Writ Petition No.189 of 2010. Judgment Md. Imman Ali J. - A notice dated 30-12-2009 was issued by the Deputy Director, Anti-Corruption Commission, Integrated District Office ‘সমনà§à¦¬à¦¿à¦¤ জেলা à¦......to submit statements regarding the Moveable and Immoveable Property, liabilities' source of income of the petitioner and his dependents (Annexure-D) should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case relevant for disposal of thi..Category: Anti-Corruption Laws | Date: | Hits: 154
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ......after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ......ration……………….Petitioner Vs. Ashraf Jute Mills Ltd………………..Respondents Judgment August 28, 1991. Result: The Rule is made absolute Cases Referred to- 43 company cases 350; 21 company cases 251; 35 company cases (SC) 755; 42 Company Cases 26; ......Sultan Giasuddin Road, Narayangonj and the jute suppliers of M/s Ashraf Jute Mills Ltd. namely, Shahidur Rahman and Company. All these claims which are on record will be dealt with in accordance with law by the official liquidator in due course. 4. The facts stated above are not disputed at all...Category: Company Law | Date: | Hits: 193
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
....he evidence and as such the finding of fact arrived at by the Court of appeal below cannot be said to have suffered from any error of law resulting in any error in the decision occasioning failure of justice. The original deeds of agreement were produced from the custody of the defendant No.1 and th...... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279....... their attempt plaintiff No.1 filed the Case No.31/73‑74 before the Circle Officer (Revenue), Patiya under PO No.88 of 1972 for getting possession for the suit land but the plaintiffs having failed to get any relief they were compelled to file the suit. The defendant No.1 contested the suit by fil......plaint as found by the Court of appeal below on consideration of the evidence and as such the finding of fact arrived at by the Court of appeal below cannot be said to have suffered from any error of law resulting in any error in the decision occasioning failure of justice. The original deeds of agr..Category: Property Law | Date: | Hits: 57
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....ul Huq also argues that both the defence case and the prosecution case should have been placed in a juxtaposition so that both the cases could receive equal consideration in order to meet the ends of justice. That being not done, the order of conviction and sentence as passed by the learned Addition......f such probabilities, the work of criminal Courts would no doubt be greatly simplified. The judicial duty is however to act in accordance with law, that is to say on evidence duly admitted and tested according to recognised principle." 37. In the case of Inayatullah and another Vs. State reported...... 1985 (Lah) 33; 1969 SUR 454, 1977. Lawyers Involved: Serajul Huq Advocate, with Mansurul Hoque Chowdhury Advocate, and ABM Gholam Mazid, Advocate ‑ For the Appellants. AFM Shahid Deputy Attorney‑General, with AQ Rashid Ahmed, Advocate ‑ For the State. Death Reference No.1 of 1989 ......P.W.1 Mannan. Somed also reached the 'Bichra'. At that time they found that about 40/50 persons including all these accused appellants being armed with guns, daos, halanga, lathies, etc. forming an unlawful assembly encircled the informants' bichra. On the order of Matbar Ali, Giasuddin and Almas fi..Category: Criminal Law | Date: | Hits: 111
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....l liability and as such the accused petitioner should not be harassed by a futile trial in a Criminal Court and in that view of the matter the proceeding of the case should be quashed for the ends of justice. It may be pointed out that the learned counsel for the petitioner has made no grievance aga...... Tangibari police station GDE No.617 dated 24.4.83. A certified copy of the same has been also annexed to the petition and marked as Annexure‑B. The Officer‑in‑charge of the said police station accordingly started a Non FIR Prosecution being No.12 of 1983 dated 25.6.83 under section 426 of the......ad Ansar Ali J.- This rule at the instance of the accused petitioner arises out of an application under section 561A of the Code of Criminal Procedure calling upon the Deputy Commissioner, Munshiganj to show cause as to why the proceeding in GR Case No.180/83 of the Court of the Magistrate, 1st Clas......s Judge, Munshiganj by his judgment and order dated 18.1.1985 and the order of acquittal was set aside and the learned Magistrate was directed to proceed with the trial of the case in accordance with law. Thereafter, the accused petitioner moved the present application under section 561A of the Code..Category: Criminal Law | Date: | Hits: 88
Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)
....the children will be ruined. 10. In the facts and circumstances of the case, we are of impressed by the said subÂmissions of the learned Counsel for the appellant. We are of the view that ends of justice will be best served if upholding the conviction of sentence is reduced to 3 (three) months s......r release from marriage tie and not at the instance of the husband but in the instant case the complainant-respondent has emphatically stated that no talaq took place at all. The High Court Division, accordingly, has found that there is no evidence at all that after pronounceÂment of talaq appellan......3 passed by the High Court Division in Criminal Appeal No.125 of 1991 allowing the same convicting the accused-appellant under Section 6(5) of the Muslim Family Law Ordinance, 1996 and sentencing him to suffer simple imprisonment for 3(three) months and also to pay a fine of TK. 10,000.00 in default......) months more. 2. The prosecution case, in short, is that the marriage between the accused-appellant and complainant-respondent No.1 was solÂemnized on 29.08.1987 in accordance with Muslim Sharia law and was duly regisÂtered and thereafter, the accused-appellant and the complainant-respondent N..Category: Family Law | Date: | Hits: 185
....rder of Trial Court is liable to be restored and accordingly restored.
Accordingly, the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 302.......nce of the present plaintiff.
Accordingly, the impugned judgment affirming those of Court of Appeal below is hereby set aside and the judgment and order of Trial Court is liable to be restored and accordingly restored.
Accordingly, the appeal is allowed without any order as to costs.
Ed.
......ently disclosed that Ishaque Ali, predecessor of defendant Nos.1 and 2 instituted Title Suit No.34 of 1962 against defendant Nos.4 and 5 and predecessor of defendant Nos.6-10 for declaration of title to the suit land and recovery at khas possession of the land and obtained a decree in respect of the...... Motaleb to bring the instant Title Suit No.241 of 1989 to defeat the execution proceeding and to defeat the decree. The High Court Division failed to comprehend the above aspect and thereby erred in law discharging the Rule. It is the fact that two local investigations in respect of the suit land w..
Category: Property Law | Date: | Hits: 65
Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)
....etitioner transposing her as plaintiff from the category of defendant for effectually and completely to adjudiÂcate upon and settle all the question involved in the suit which caused no failÂure of justice to the defendant-respondent; that the petitioner is the wife of deceased plaintiff and she i......m man and as such, the defendant No.7 being the eldest son looks after all his properties. For proper administration of properties the defendant No.7 proposed to plaintiff to execute of gift deed and accordingly, the defendant No.7 took the plaintiff to the Sub-Registrar office and took his signatur...... 1991 making the Rule absolute setting aside those dated 11.04.1991 passed by the Additional Assistant Judge, 3rd Court, Chittagong in Other Suit No. 66 of 1990 transposing the appellant, a defendant to the category of plaintiff. 2. The facts involved in case, in short, are that the plaintiff mar......mbrelÂlas at a shop at Anderkilla. The said defenÂdant No.1 took loan from Bank by mortÂgaging the lands which was gifted to him and his brother, sisters and mother with the help of his brother-in-law (wife's brother) by appointing his brother-in-law as attorney of the plaintiff and the defenÂda..Category: Property Law | Date: | Hits: 65
Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)
.... written statement that the trial Court erred in law in failing to frame appropriate issue of fact for determining the question of fact raised by the defendant No.1-appellant causing misÂcarriage of justice and as such, the High Court Division erred in rejecting defenÂdant's application filed unde......tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......defendant received another sum of TK. 20,000.00; that the defendant did not take step for executing and regisÂtering the sale deed in favour of the plainÂtiff and as such, a legal notice was issued to the defendant which was replied to; agreement was not denied; that the defenÂdant gave possessio...... subÂmissions of the learned Counsel for the appellant that “in view to the specific pleading by the defendant No.1-appellant in paragraph 11 of her written statement that the trial Court erred in law in failing to frame appropriate issue of fact for determining the question of fact raised by the..Category: Property Law | Date: | Hits: 112
....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed withÂout any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
...... Clause 13 of the share purchase agreement and the High Court Division failed to give a harmoÂnious interpretation to Clause 6 of the share purchase agreement and Clause 4 of the buy-back agreement, according to which the IPDC was under an obligation to sell the entire amount of shares to the appel...... passed by the High Court Division in Writ Petition No.7108 of 2007 summarily rejecting the application under Article 102 of the Constitution.
2. The facts of the case, in short, are that on 9th October, 2000, the appellant entered into a share purchase agreement with the respondent No.2 whereby ......ation agreement in Clause 13 of the share purÂchase agreement and accordingly, the respondent No.1 order dated 1st August, 2007 rejecting the appellant's application for stay has been issued without lawful authority and is of no legal effect. The learned Counsel further submitted that the purport o..
Category: Civil Law | Date: | Hits: 78
Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)
.... of forgery against them and as such the criminal proceeding is an abuse of the process of the Court which is liable to be quashed under section 561A of the Code of Criminal Procedure for the ends of justice. 11. Now let us see whether Section 195(1)(c) Cr.P.C. stands as a bar against the trial o......s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ...... M S Ali J Shambhu Nath Saha & others................Petitioners Vs. The State...........................................Opposite Party. Judgment November 21, 1989. Case Referred to- Sanmukhsingh and others Vs. The king, AIR 1950 PC 31. Lawyers Involved: Lutfor Ranman......s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ..Category: Criminal Law | Date: | Hits: 83
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
....4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ......ourt is under challenge. The security guard was‑suspended and the Labour Court came to the conclusion that the order of suspension has become ineffective after the 60 days of the impugned order and accordingly found his entitlement to full wages from the date the order ceased to have effect (Annex...........................................Petitioner Vs. Kumudini Hospital Karmachari Union & others....................Respondents (In Writ Petition No. 625 of 1974). Cholera Research Laboratory ......................Petitioner Vs. First Labour Court & others..........................it petition Nos. 625 of 1974 with 624 of 1974, 102 of 1974 and 306 of 1976. Judgment Badrul Haider Chowdhury J. - These four Writ petitions have been heard analogously as the common question of law and fact is involved challenging certain decisions of the Labour Court and Appellate Tribunal as..Category: Labour and Industrial Law | Date: | Hits: 123
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
.... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646.......al and Takim Mondal took fresh lease of the suit lands at Tk. 22 1/2, each by executing two different kabuliats dated 17.2.40 Vide Ext. 1 and 1 (a) in favour of the landlords. They possessed the land accordingly. Takim Mondal settled the kha schedule land with one Paran Mondal at a rent of Tk. 9.00.......arker J Badsha (Md.) Miah and others........................Appellants Vs. Soleman Nessa Bibi and others......................Respondents. Judgment December 11, 1988. Cases Referred to- 15 DLR (SC) 181; 16 DLR 637; 22 DLR (SC) 86; 34 DLR (AD) 29; 15 DLR at page 188; 21 DLR (SC)......a 45.00 came to the khas possession of the Chatterjee landlords. Whether they possessed the land by cultivation physically or not as soon as the holding was surrendered, the possession of the land in law reverted to the khas possession of the landlords. Thus, it cannot be said that the plaintiff fai..Category: Property Law | Date: | Hits: 70
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
.... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644.......uisition and Tenancy Act against the pre‑emptee kabala purchaser in the Court of Subordinate Judge, Pabna, alleging, inter alia, that he was a co‑sharer by purchase in the disputed holding and is accordingly entitled to get the land in dispute by way of pre‑emption. Thereafter, he deposited co......ent and order dated 31.5.83 passed by the learned Munsif, 2nd Court, Serajganj in Miscellaneous Case No. 110 of 1977 under section 96 of the State Acquisition and Tenancy Act. 2. Facts giving rise to this Rule may briefly be state thus: Pre‑emptor‑opposite party No.1 instituted Miscellaneo......sional jurisdiction of this Court and obtained the present Rule. 5. The learned Advocate appearing for the petitioner has assailed the judgment and order of the learned Subordinate Judge as bad in law, illegal and liable to be set aside. It is further urged that the learned Subordinate Judge fail..Category: Property Law | Date: | Hits: 68
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
....Serajul Huq also argues that both the defence case and the prosecution case should have been placed in a position so that both the cases could receive equal consideration in order to meet the ends of justice. That being not done, the order of conviction and sentence as passed by the learned Addition......such probabilities, the work of criminal Courts would no doubt be greatly simplified. The judicial duty is, however, to act in accordance with law, that is to say on evidence duty admitted and tested according to recognised principle." 39. In the case of Enayetullah and another vs The State repor......in J Tenu Miah and others................................Appellants Vs. The State................................................Respondent. Judgment August 16, 1990. Cases Referred to- PLD 1975 SC 617; AIR 1957 SC 469; PLJ 1975 SC 406; 1983 PCLJ 628; 1175, PLD 1960 Lah. 990; 1......PW 1 Mannan. Somed also reached the 'Bichra'. At that time they found that about 40/50 persons including all these accused‑appellants being armed with guns, daos, halanga, lathies etc. forming an unlawful assembly encircled the informant's bishra. On the order of Matbar Ali, Giasuddin and Almas fi..Category: Criminal Law | Date: | Hits: 68
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