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Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)
...., shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417......., shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417....... of CR Case No. 204 of 1989 under sections 295A/298/109 of the Penal Code pending in the Court of Upazila Magistrate, Goalanda, Rajbari should not be quashed in respect of the petitioner. 2. Short facts relevant for the disposal of the Rule are: The opposite party No. 1 as complainant filed a pet..Category: Criminal Law | Date: | Hits: 70
Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)
....n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ......n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ......espondents should not be directed to implement the order given by the Administrative Appellate Tribunal on 23.4.87 in Appeal Case No. 44 of 1986 and allow the petitioner to join his duties. 2. The facts leading to this Rule, in short, are that the Petitioner when working as Postal Operator at Hea..Category: Administrative Law | Date: | Hits: 182
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ......iff and the defendant on 21.3.68 consequent on which delivery of possession of the suit property was given to the plaintiff on payment of the entire amount of the premium. The plaintiff has called in question the order of forfeiture of the suit land by the defendant for not completing the constructi......ayer for a decree that the plaintiff has right, title and interest in the suit property measuring 10 kathas 1 chhatak of land situated in the Gulshan Model Town being plot No. 22 of Block CWs(B). The facts of the case, in short, are as follows: The plaintiff being a national of Bangladesh propos..Category: Property Law | Date: | Hits: 87
Alamgir and others Vs. State, 2010, 39 CLC (AD)
....to appeal by the impugned judgment. No case has been made out for review of the said judgment and accordingly the same is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 244. ......to appeal by the impugned judgment. No case has been made out for review of the said judgment and accordingly the same is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 244. ......ent Md. Abdul Matin J. - This review petition is directed against the judgment and order dated 11.08.2008 passed by this Division in Criminal Petition for Leave to Appeal No.138 of 2008. 2. The facts of the case are that one Mosammat Rehena Akter alias Rumi lodged First Information Report with..Category: Criminal Law | Date: | Hits: 59
Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
.... the continuance of the property as abandoned is not maintainable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233.......urchased the disputed land and building bearing holding No.94 of Nawabpur Road, under Sutrapur Police Station, Dhaka from one Abdus Sattar and Khorshed Anwar, the admitted owners of the property in question at a consideration of TK. 5.00,000.00 on 18.02.1999 (Annexure-C to the writ petition) in ......h Gazette dated 23.09.1986 under serial No. Sutrapur-9 at page No.9762(9) under the provisions of Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985). 2. The facts involved in the case, in short, are that the appellant, Mohammad Abdul Alim alleged to have pu..Category: Property Law | Date: | Hits: 65
Government of Bangladesh and others. Vs. Md. Tarikh-ul-Islam and others, 2010, 39 CLC (AD)
....e respondents are also directed to file concise statement within 9(nine) weeks. The appeal is fixed for hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ......e respondents are also directed to file concise statement within 9(nine) weeks. The appeal is fixed for hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ......the respondents and perused the writ petition, the annexures annexed thereto and the impugned judgment. Learned Deputy Attorney General submitted that the writ petitioners by suppressing material facts filed the writ petition and the High Court Division without application of judicial mind mad..Category: Employment/Service Law | Date: | Hits: 58
Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)
....khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......7 of 1996 allowing the appeal reversing the judgment and decree dated 12.08.1996 passed by the learned Subordinate Judge, 4th Court, Khulna in Title Suit No.173 of 1994 dismissing the suit. 2. The facts, in short, are that the respondent Nos.1 and 2 as plaintiffs instituted a Title Suit being N..Category: Property Law | Date: | Hits: 69
M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)
....stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193.......rd of FJSC, these being serious allegations of fraud committed on members for the purpose of section 193 of Companies Act, 1994, the Registrar did not commit any illegality in issuing the notice in question." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the pap...... supports the judgment of the High Court Division. 7. We have perused the writ petition and other connected papers and heard the petitioner in person and Mrs. Tania Amir. On consideration of the facts and circumstances of the matter, we find merit in this point. Leave is therefore, granted to..Category: Company Law | Date: | Hits: 175
Md. Mahfuzul Haque Vs. Bangladesh, 2008, 37 CLC (AD)
....n the circumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly, petition is dismissed. Ed. This Case is also Reported in: ......n the circumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly, petition is dismissed. Ed. This Case is also Reported in: ......tition for leave to appeal is directed against the judgment and order dated 25th September, 2007 passed by the High Court Division in Civil Revision No. 2790 of 1999 discharging the Rule. 2. Short facts are that the plaintiff instituted Title Suit No. 344 of 1994 in the Court of Joint District Ju..Category: Others | Date: | Hits: 147
Jamshed Ali and others. Vs. Azman Ali, 2008, 37 CLC (AD)
....urt Division considered all aspects of this mater and we do not find any legal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......urt Division considered all aspects of this mater and we do not find any legal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......his petition for leave to appeal is directed against the judgment and order dated 20th May, 2007 passed by the High Court Division in Civil Revision No. 2407 of 2005 discharging the Rule. 2. Short facts are that the opposite party as plaintiffs instituted Title Suit No. 284 of 1979 impleading the..Category: Property Law | Date: | Hits: 69
Bangladesh and others Vs. Md. Abdul Malek and others, 2009, 38 CLC (AD)
....delay and thereby dismissed the appeal which requires to interference by this Court. Accordingly, the appeal is allowed with cost of Tk. 200/-. Ed. This Case is also Reported in: ......delay and thereby dismissed the appeal which requires to interference by this Court. Accordingly, the appeal is allowed with cost of Tk. 200/-. Ed. This Case is also Reported in: ......n CJ. - This appeal, by leave, is directed against the judgment and order dated 25th May, 1997 passed by the High Court Division in F.A. Tender No.41 of 1997 rejecting the Memo of Appeal. 2. Short facts are that the respondents as plaintiff instituted the aforesaid Title Suit No.10 of 1995 in the..Category: Procedural Law | Date: | Hits: 86
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
....on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ......ion by the High Court Division is thus liable to be set aside and the further submission that the High Court Division in summary proceeding under Article 02 of the Constitution decided the disputed question of facts regarding making of award for compensation which is not possible and having bar un......igh Court Division is thus liable to be set aside and the further submission that the High Court Division in summary proceeding under Article 02 of the Constitution decided the disputed question of facts regarding making of award for compensation which is not possible and having bar under Section ..Category: Property Law | Date: | Hits: 80
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
....lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......the Opposite Party. Civil Revision No.674 of 1990 with Civil Revision No.675 of 1990. Judgment Bimalendu Bikash Roy Choudhury J.- These two rules arising out of common facts present a common question on the law of landlord and tenant. In order to make the question clear it is necessary to m......que, Advocates ‑ For the Opposite Party. Civil Revision No.674 of 1990 with Civil Revision No.675 of 1990. Judgment Bimalendu Bikash Roy Choudhury J.- These two rules arising out of common facts present a common question on the law of landlord and tenant. In order to make the question cle..Category: Property Law | Date: | Hits: 78
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......ated, mouth congested but intact. Stomach full of rice but normal. Liver, spleen normal. The cause of death in his opinion was stranguilation which was ante mortem and homicidal in nature". 9. The question, therefore, arises as to whether appear No.765 of 1987. An appeal was also filed the death...... circumstantial evidence motive is an important factor. Furthermore, if motive is suggested in any case by the prosecution it accepts the burden to discharge it making it a plausible one. Thus in the facts and circumstances and evidence on record alone without being aided by any further material in ..Category: Criminal Law | Date: | Hits: 84
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......vidence must be borne in mind. In such case there is always a danger that conjecture or surmise may take place of legal proof. Where there is no direct evidence and circumstantial evidence answer the question essential to the proof of offence only vaguely and indefinitely and not incompatible with t......case. 6. Prosecution examined 13 witnesses including doctor and police personnel but defence examined none. 7. The learned Additional Sessions Judge on consideration of the, evidence on record, facts and circumstances and probability of the case carne to finding that guilt has been brought hom..Category: Criminal Law | Date: | Hits: 67
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......ther that as the impugned law has been enacted as per law, it does not violate Article 31 of the Constitution and in addition, these petitioners were not transferred to BTCL as lien or deputation, so question of requirement of previous sanction of the government or the authorities does not arise. It......hile enacting this Act the parliament has overlooked the Articles 27, 29 (1) (2), 31 and 40 of the Constitution and thereby violated the fundamental rights of the petitioners. Having regard to the facts and the laws, the section 3 of the Bangladesh Telegraph and Telephone (Amendment) Act, 2009 Ac..Category: Constitutional Law | Date: | Hits: 145
Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)
.... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ...... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ......c ingredients, and keeping in view the above distinguishing features and ingredients of the offence under Section 326A of the Penal Code, if we examine, in the light of the evidence on record and the facts of the case, the propriety and legality of the impugned judgment, we cannot but hold that the ..Category: Criminal Law | Date: | Hits: 74
Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)
.... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......cord, has rightly passed the impugned judgment and order of conviction and sentence and there is no reason to interfere with the same and as such the appeal is liable to be dismissed. 7. The real question that calls for determination in this appeal is whether the impugned judgment and order of c......ellants had enmity with the informant party and once they threatened to kill the informant and the members of his family which was heard by P.W.4 while he was passing beside their house and all these facts, supported by evidence adduced by the prosecution, are sufficient to prove that the convict-ap..Category: Criminal Law | Date: | Hits: 69
Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)
....rder of stay granted earlier by this Court is hereby vacated. Let a copy of this order be transmitted to the court below immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 169. ......ned Advocate appearing for the defendant petitioners, seriously challenged the impugned order of rejection and submitted that the genuineness of the sale deeds executed by the defendant No.1 has been questioned in the plaint as well as in some other applications of the plaintiff opposite party, so i...... by her in favour of the defendant‑petitioner along with some other LTIs of the said Nihar Bala appearing in some other documents filed in the Court in connection with the present suit. 2. Short facts relevant for disposal of the Rule are as follows: On 16.8.88 the plaintiff opposite party N..Category: Procedural Law | Date: | Hits: 84
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
.... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ...... ‑ For the Petitioner. No one ‑ For the Opposite Party. Civil Revision No.102 of 1986. Judgment Muhammad Ansar Ali J.- This Rule at the instance of the plaintiff-petitioner calls in question the judgment and order dated 19.12.85 passed by Mr. TK Rudra, Senior Munsif, Sadar, Mymensi...... present petitioner also examined himself as O.P.W.1 and the Process server one Jamal Ahmed as O.P.W.2 in support of his case. The learned Munsif after hearing the parties and on consideration of the facts and circumstances of the case and evidence on record came to a finding that the summons in Oth..Category: Procedural Law | Date: | Hits: 94
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