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State Vs. Khalilur Raman, 1998, 17 CLC (HCD)
....General with A.K.M. Zahirul Huq and Md. Abdur Rahim Khan, Advocates — For the State. Md. Abdus Sobhan with S.M.A. Maleq and Syed Ataharuddin Ahmed, Anisur Rahman, Advocates- For the condemned prisoner. Death Reference No. 2 of 1988 With Criminal Appeal No. 90 of 1988 With Jai......, 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ......tituted under sub-section (2). (2) Every Sessions Judge, Additional Sessions Judge and Assistant Sessions Judge shall, for the areas within his session’s division, be a Special Tribunal for the trial of offences triable under this Act: Provided that the Government may, for the purpose of t......man J State...........Appellant Vs. Khalilur Raman...........Respondent Judgment August 25, 1988 Lawyers Involved: M. Shamsul Alam Deputy Attorney General with A.K.M. Zahirul Huq and Md. Abdur Rahim Khan, Advocates — For the State. Md. Abdus Sobhan with S.M.A. Maleq and Sye..Category: Criminal Law | Date: | Hits: 35
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
.... the Bangladesh Shilpa Rin Sangstha, briefly referred to as the B.S. R.S. We shall refer to the facts as stated in the petition in Criminal Revision 232 of 1984. But the facts of the other case are also similar, the complaint petition being the same in both the cases. The complainant filed the petit......decision in these Rules will depend upon the examinations of the allegations made in the petition of complaint. It reads thus: “SHEWETH: 1.That by the P.O.No.128 of 1972 the BSRS (hereinafter called the Sangstha) was established to provide credit facilities and other financial assistance to ......laint. It reads thus: “SHEWETH: 1.That by the P.O.No.128 of 1972 the BSRS (hereinafter called the Sangstha) was established to provide credit facilities and other financial assistance to industrial concern and to encourage and broaden the base of Industrial investment in Bangladesh. 2. Th......84 with Criminal Revision No. 244 of 1984. Judgment ATM Afzal J.- These two Rules, at the instance of the respective accused-petitioners, were issued upon the Deputy Commissioner, Dhaka and the opposite party No.1 to show cause as to why the proceedings in petition case No. 563a/84 now..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....he petitioner received instruction from the judgment-debtor for the disposal of the money in question as otherwise the petitioner might be sued by the judgment-debtor in a foreign Court which would also make the vessels of the petitioner liable for attachment causing huge loss and that it was necess......ew of the special facts and circumstances of the present case................." It is noted that there is a provision namely, Order XVIII Rule 2-A of the C.P.C. in India (there being no High Court called High Court of Indian or Indian High Court, it obviously refers to Rule 2A of Order 18 added i......rty to bring the suit which the law allows to him (See rule 63 of Order 21)". Rules 59 to 62 of Order 21 C.P.C. in fact provide for a summary investigation into possession as distinct from a thorough trial of ultimate right. 15. It was thus the duty of the Executing Court in this case to ask the ......lved: Ahsanul Kabir, Advocate - For the appellant. A.K.M. Shafiqur Rahman with Mostafa Kamal Pasha, Advocate - For the respondent. Cases Referred to- Md. Nurul Islam vs. Md. Abdur Rashid and oths.983BLD (AD) 310; Sardhri Lal vs. Ambika Pershad 15 Indian Appeals 1123JLR, 15 Cal 521 (P.C...Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)
....ontention of the respondents that various serious allegations and reports against the petitioner were received by the University authority and several committees were formed headed by different Professors of the University to conduct preliminary investigations into the allegations in all of which th...... the procedure in the following paragraph shall be observed. (2). The authority may, if it thinks fit appoint an officer or a teacher of the office or department to which the employee (hereinafter called the delinquent) belongs or an officer of or teacher of any other office or department of the ......s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31.......ction) Present: Mustafa Kamal J Mozammel Hoque J Md. Mahtab Hossain………………………….Petitioner Vs. Bangladesh University of Engineering & Technology, Ramna, Dhaka and others …... Respondent Judgment April 8, 1987. Lawyers Involved: Moinul Hossain, A..Category: Criminal Law | Date: | Hits: 74
Akbar Ali and others Vs. State, 1986, 15 CLC (HCD)
....for stopping proceedings of the Sessions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29.......essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29....... and others for offences under sections 395 and 397 of the Penal Code. Thereafter the record of the case was transmitted to the Court of Sessions Judge, Pabna which was received by him on 5.11.85 for trial. The case remained pending before the learned Sessions Judge till 27.7.85 on which date the Se......ee. Ed. This Case is also Reported in: 40 DLR (1988) 29...Category: Criminal Law | Date: | Hits: 24
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
....ed Munsif, North Raozan in Other Suit No. 150 of 1962. 2. The suit was one for declaration that the kabala dated 12th August, 1948 standing in favour of defendant No. 1 was a benami document and also for permanent injunction restraining the defendants from entering into the suit property, damagin......e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......l Karim, the learned Advocate appearing on behalf of the respondents submits that the learned Subordinate Judge has considered all the material facts and circumstances taken into consideration by the trial Court and in consideration thereof found that the impugned kabala was with consideration and n......-3. M. Fazlul Karim, Advocate - For the respondent. Appeal from Appellate Decree No. 331 of 1968. Judgment Bimalendu Bikash Roy Chowdhury J. - This appeal is directed against the judgment and decree dated 17.2.67 passed by the learned Subordinate Judge, 2nd Court, Chittagong in other App..Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....e, 1st Court, Barisal in Title Suit No.7 of 1963. 2. The plaintiff appellant instituted the aforesaid suit for declaration of title in 5 acres of land described in schedule "A" to the plaint and also for a declaration that the order dated 3.10.1961 of the Board of Revenue cancelling the settlemen......Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......proved the settlement holding that the settlement was concluded before imposition of the ban by the Board of Revenue on the cattlemen of Government khas land with the appellant. He submitted that the trial court considering these aspects of the case rightly decreed the suit holding that he order of ......s Involved: Abdus Sattar Howlader - For the appellant. Fakhrul Islam, Assistant Attorney General - For the Respondent. Second Appeal No. 855 of 1966 Appeal preferred against the Judgement and decree dated 18.2.1965 and 27.2.65 passed by Additional District Judge 3rd Court Barisal in Titl..Category: Property Law | Date: | Hits: 36
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....t No. 322 of 1980 and mistakenly noted in his diary that the title suit in question was fixed for hearing on 18.8.80 and thereafter on 28.9.80. When he found on 28.9.80 that the suit was set down for solenama, it aroused his suspicion and so he looked for the records of Title Suit No. 322 of 1977, b......as already divested himself of his entire interest in the suit properties. The respondents also vigorously denied that the appellant was prevented by sufficient cause from appearing when the suit was called on for hearing or that the delay in filing the miscellaneous case was unintentional. They con...... steps for adjournment of hearing - a statement which was not made in the application itself and which was rightly objected to P.W.2, Mr. Syed Altaf Hossain, learned advocate for the appellant in the trial Court, does not say a word corroborating P.W.1 on this point. Therefore, we can safely come to...... Abdul Mannan with Zakir Ahmed - for the respondents. Appeal from Original Order No. 171 of 1984. Judgment Mustafa kamal J. - This first miscellaneous appeal is directed against the judgment and order dated 19.4.84 passed by Mr. Ali Ashraf Khan Lodi, Subordinate Judge, 1st Court, Dhaka in M..Category: Procedural Law | Date: | Hits: 101
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
.... being the date in this case. He submits that between the conclusion of an ex parte hearing and the passing of the Court's judgment, whatever be the time lag, the defendants are without any right whatsoever and the time spent in passing the judgment is merely for the convenience of the Court. All th......the judgment of the Court, nothing else. The acceptance of the written statement was, therefore, completely unauthorised by any provision of law. Nor can section 151 of the Code of Civil Procedure be called in aid, because Order 9, rule 7 and Order 9, rule 13 between them exhaust the whole gamut of ...... allowing the appellant to participate in the proceedings of the suits reserved for judgment, from the stage on which the suits stood on the date fixed for judgment. The appellant then applied to the trial Court to take evidence on his behalf. The trial Court took the view that hearing in the two su...... Court High Court Division (Civil) Present: Mustafa Kamal J AKM Sadeq J KDH Laboratories Ltd........................................................Petitioner. Vs. Pubali Bank and Ors……………………………………….OppParties. Judgment August 3, 1987. L..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....ho by the said order restrained the appellant from making any payment to defendant No.1 exceeding 1/4th of her share now being kept in the bank with the name of her late husband and the trial Court also allow defendant No.1 who is respondent No.5 here withdraw 1/4th of the deposited amount from the ......d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......No.4 of 1995 who by the said order restrained the appellant from making any payment to defendant No.1 exceeding 1/4th of her share now being kept in the bank with the name of her late husband and the trial Court also allow defendant No.1 who is respondent No.5 here withdraw 1/4th of the deposited am......Court High Court Division (Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Abdul Aziz J Arab Bangladesh Bank Ltd. …………….Appellant Vs. Ziauddin and others…………………………Respondent Judgment December 7, 1998. Cases Referre..Category: Banking Law | Date: | Hits: 122
Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)
....ed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ......d prayed for exempting the petitioner from payment of VAT on the ground stated in the petition which was received by the office on 18-3-95. The respondent No.3 on receipt of the aforesaid application called for a report from respondent No. 4 by letter dated 12-4-95 with a copy of the petition of the......n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ......¦â€¦â€¦Petitioner Vs. Ministry of Finance, National Board of Revenue ……………Respondents Judgment August 18, 1996. Case Referred To- MA Khaleque Vs. Government of Bangladesh and others, 32 DLR 243. Lawyers Involved: AJ Mohammad Ali with AKM Asaduzzaman, Advocates—F..Category: Fiscal/Taxation Law | Date: | Hits: 86
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....aintiff gets 30 lac US dollars from Abu Dhabi and deposited the same with BCCI, Foreign Exchange Branch, Dhaka and on 16-3-89 BCCI affirmed the receipt of the aforesaid US dollars. The plaintiff then sought permission from Bangladesh Bank for depositing the aforesaid amount in the International Mone......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......that the plaintiff may institute the suit where these two defendants are residing and the plaintiff is not entitled to any relief against them. 4. Defendant No.1 also entered appearance before the trial Court and filed written statement and their case is that they acted on the advice and directio......Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Bijan Kumar Das J Habib Bank Limited………………….Appellant Vs. UAE Bangladesh Investment Company Limited and another……….Respondent Judgment May 28, 1998. Lawyers Involved: Syed Ishtiaq ..Category: Banking Law | Date: | Hits: 136
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....Central jail, Dhaka vide Memo No. Miscellaneous Case No. 1586 of 1998 dated 22-12-98 (Annexure-B to the petition) issued under the signature of respondent No.2 should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful author...... under Article 102 of the Constitution as aforesaid inasmuch as excess of authority and an abuse of power by the law enforcing authority including the Police being rampant an appropriate direction is called for from this Court with a view to arresting checking such abuses or excess by law enforcing ......us standi to defend a criminal and to shield him from the application of law and the petitioner (BLAST) ought not to have been so much over zealous or interested to protect a criminal from the lawful trial. The detenu is not a minor and in the writ petition no date of birth of the detenu Zaved has b......ase is also Reported in: 4 BLC (1999), 600. ..Category: Criminal Law | Date: | Hits: 106
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
.... 2003. Judgment Md. Abdul Matin J.- This Rule was issued calling upon the respondents to show cause as to why they should not be directed to conduct an immediate review of the cases of the prisoners and other 155 ‘under trial’ prisoners held in Dhaka Central Jail for periods over 360 day......is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......dul Matin J.- This Rule was issued calling upon the respondents to show cause as to why they should not be directed to conduct an immediate review of the cases of the prisoners and other 155 ‘under trial’ prisoners held in Dhaka Central Jail for periods over 360 days and to submit the report of ......his Case is also Reported in: 57 DLR (2005), 11...Category: Criminal Law | Date: | Hits: 45
Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)
....No.1 Moulana Delwar Hossain Saydee in First Miscellaneous Appeal No.144 of 1997. 3. Mr. Khandakar Mahbubuddin Ahmed, learned Advocate appearing on behalf of respondent No.1, submits that there are some findings in the Judgment of the Election Tribunal which may be adverse to the appellant of Firs......y affecting the election result as a whole. The learned Advocate has also mentioned that the tribunal allowed the election petition in part. Mr Amir-ul-Islam concludes by arguing that if these can be called merely adverse findings, the conclusion based on these findings led the Election Tribunal to ......t and, after consolidating these results, election result is to be declared afresh. Article 62 of Presidents Order 155 of 1972 reads as follows: (1) The Tribunal may, upon the conclusion of the trial of an election petition, make an order- (a) dismissing the petition; (b) declaring the e......(Civil Appellate Jurisdiction) Present: Md. Abdul Karim J Amirul Kabir Chowdhury J Sudhangshu Shekhar Haldar ………………………..Appellant Vs. Moulana Delwar Hossain Saydee and others..…………..Respondents Judgment June 25, 1998. Cases Referred To- Pateshw..Category: Election Law | Date: | Hits: 159
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....umber was incorrectly typed and, as such, the complainant met the accused petitioner and then the accused petitioner asked the complainant to deposit the cheque afresh on 30-7-2000 but on that date also the cheque was dishonored when it was presented for encashment. Then the plaintiff served another....... 1. Md. Fazlul Haque Chowdhury, Assistant Attorney General- For the State. Criminal Miscellaneous Case No. 1145 of 2001 Judgment Md. Hamidul Haque J. - By this Rule opposite parties were called upon to show cause as to why the CR No.299 of 2000/167 of 2000 now pending in the Court of Ma......charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......urt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Satya Narayan Poddar………………..Petitioner Vs. State and another………… Respondents Judgment July 11, 2001. Case Referred To- Abdur ..Category: Criminal Law | Date: | Hits: 35
Abul Hossain (Md) and others Vs. State, 1999, 28 CLC (HCD)
....n of the Magistrate might not have been raised before the Magistrate, when tie heard the parties under section 241(a) Cr.P.C. 6. Mr. Abdus Salam Khan, the learned Counsel for the opposite party, also could not convince us on this point, and finds it difficult to confront the argument advanced for......agistrate for compliance of our aforesaid direction and observation. With the aforesaid finding and observation, this Rule is disposed of. Ed. This Case is also Reported in: 53 DLR (2001) 402.......mits that the principal offence as alleged in this case, according to the FIR, is said to have been committed under section 509 of Penal Code which is non-cognizable offence. Therefore, in this case trial of non-cognizable offence cannot be preceded as the investigation itself in the case could not...... is also Reported in: 53 DLR (2001) 402...Category: Criminal Law | Date: | Hits: 34
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....-opposite party, a monthly tenant, stating, inter alia, that the suit property originally belonged to Fulesa Khatun who transferred the suit premises by a deed of gift in favour of the plaintiff, her son and that defendant had been a monthly tenant in the suit premises on the basis of an agreement d......aintiff) that he deposed that before filing the suit he tried for settlement of the dispute and took steps for settlement of the dispute privately which was attended by other tenants also and that he called salish (Arbitration) with the local elite and this evidence clearly indicates that the plaint......r of the suit property in favour of the plaintiff and that since the defendant deposited rent in the HR Case No. 5 of 1993 he was not a defaulter. 4. On consideration of the evidence on record the trial Court found that there was no bona fide requirement of the suit property and hence dismissed t......ce. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....hereof, said petitioner Nos.2 to 5 in collusion with petitioner No.1 stopped paying the agreed money since May, 1996. On 15-07-96 petitioner No.1 refused to renew the agreement of monthly lease and also refused to return the security money. Hence, the suit. 3. The petitioners as defendants No.1 t......e dated 14-07-98 of the Assistant Judge, 5th Court at Dhaka in Title Suit No.127 of 1997 is hereby set aside and the suit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 39...... was in possession of the suit shop and thereafter, whether she was dispossessed. In support of their respective cases, plaintiff examined 3 witnesses while defendants examined 2 witnesses. 6. The trial Court decreed the suit as stated earlier and also directed the defendants to restore possessio....... This Case is also Reported in: 53 DLR (2001) 394. ..Category: Civil Law | Date: | Hits: 82
Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)
....nd the order of transfer of the said case of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......gment and order dated 3-3-2009 passed by the High Court Division in Criminal Miscellaneous Case No.5373 of 2008 discharging the rule. 2. Relevant facts are that the accused petiÂtioner was facing trial in Sessions Case No.2280 of 2007 arising out of Uttara Police Station Case No. 40 dated 28-8-2......ent: M M Ruhul Amin CJ Md. Joynul Abedin J Md. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J Amzad Hossain………………………………….Petitioner Vs. State and another……………………………...Respondent Judgment November 16, 2009. Case ..Category: Criminal Law | Date: | Hits: 34
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