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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: Â ...... the submissions that before the High Court Division the petition under section 5 of the Limitation Act was filed praying for condonation of delay which occurred due to no fault of the appellants. As accordingly the appellants was due to observance of certain official formalities and inaction of the...... Bangladesh and others.....................................Appellants Vs. Md. Abdul Malek and others.............................Respondents Judgment January 14, 2009. Case Referred to- Bangladesh Vs. Jaheruddin, 6 BLD (1986) (AD) 180. Lawyers Involved: JBM Hasan, Deputy A......e delay though the same has been properly and adequately explained and also the submission that the High Court Division misread the application for condonation of delay and thereby committed error of law in rejecting the petition and consequently rejecting the Memo of Appeal. 4. We have heard Mr..Category: Procedural Law | Date: | Hits: 86
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
.... on 9th January, 2001 without paying compensation in respect of the acquired land, that compensation in respect of the acquired land having not paid the writ petitioners served legal notice demanding justice on the writ respondent No.3 but received no reply. 4. It is the contention of the writ pe......ommittee submitted report on 16th April, 2001 stating that the land acquired is under 7 feet water and recommended for assessment of compensation upon classification of the acquired land as ditch and accordingly compensation was assessed at Tk. 10,59,859.05/-, that the land acquired was surveyed joi......ngladesh and others................Appellants Vs. Bokul Mia and others.......................................Respondents Judgment August 18, 2009. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by Zainul Abedin, Advocate-on-Record-For the Appellants. A. J. Mohamma......o the writ petitioners and others, that the land has been acquired for establishing sub-Station by DESA, that the writ respondent No.3, i.e., Deputy Commissioner, Dhaka after observing formalities of law assessed value of the land Tk. 82,07, 471.81/- on 27th August, 2000 and requested the requiring ..Category: Property Law | Date: | Hits: 80
Mahirun Nessa Vs. State, 1993, 22 CLC (HCD)
....n that the accused appellant petitioner is the author of the forgery there appears to be good ground in the appeal for which the appeal is required to be registered and heard on merit for the ends of justice. 4. Mr. SB Barua, the learned Advocate, appeared on behalf of the State. 5. Heard th......ter prayer for condonation of delay caused in filing the appeal is required to be allowed so as to enable the appellant petitioner to get a chance of getting the appeal heard and disposed of on merit according to law. For the reasons stated above, the prayer for condonation of delay in filing the......he appeal. 2. The accused petitioner Mahirun Nessa has been convicted u/ss. 467/109 of the Penal Code by Judgment and order of the Additional District Magistrate, Rajshahi and sentenced thereunder to suffer RI for a period of 6 years and also to pay a fine of Tk. 10000/‑in default to suffer fur...... prayer for condonation of delay in filing the appeal the learned Advocate submits that the accused petitioner being a female and aged person was enlarged on bail and allowed to be represented by her lawyer in the Court. Her attendance in the Court having been dispensed with she lost touch with the ..Category: Procedural Law | Date: | Hits: 112
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
.... a tenant has to make a personal tender of the rent before making remittance through postal money order and thus fell into an error of law resulting in an error in the decision occasioning failure of justice. 4. Section 19(1) of the Premises Rent Control Ordinance provides for deposit of rent by ......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.......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 make a brief statement of facts. 2. One al‑haj Mo......ty. 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 make a brief stat..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. ......e Manager of a New Jewellers at NS Road. While he was in the shop on 27.10.86, Officer‑in‑Charge Monowar went there for weighing the bangles and on weighment he found 4 Tolas 5 Annas 5 Raties and accordingly issued a certificate Ext. 4. In reply to cross he stated that such bangles are made by t......, 11 DLR (WP) 58; Abdur Rouf and others Vs. State, 38 DIR 188; Hamzo Vs. The State, 1960 PLD (Karachi) 817; Safar Ali Vs. The State, 36 DLR 185 Lawyers Involved: Shah Azizur Rahman, Assistant Attorney General ‑ In support of Reference. Serajul Huq with ABM Golam Majid, Anisul Huq and Ferd......harge under sections 302/34 of the Penal Code against the appellant by adducing evidence and also whether the judgment and order of conviction and sentence passed by the trial Court is sustainable in law. 8. The death of Tutul is not disputed. The prosecution has also proved by evidence that the ..Category: Criminal Law | Date: | Hits: 84
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
..../109 of' the Penal Code against the appellants have not been proved beyond all reasonable doubt. The fact of non‑examination of material and trustworthy witnesses, has resulted in mis‑carriage of justice, that the defence version did not receive due consideration by the learned mal Judge. The le......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. ......tabar Gorapi @ Atabar Rahman 3) Kolom Ali Malaker 4) Moslem Howlader and 5) Abdul Hye Bepari were placed on trial before Additional Sessions Judge, 1st Court, Faridpur in Session Case No. 233 of 1983 to answer a charge under section 302/109 Penal Code. Each of the above named appellants was found gu...... and convicted each of them thereunder and sentenced to the term as referred above. 8. The learned Advocate appearing for the appellants submits that the order of conviction and sentence is bad in law as well as in fact inasmuch as the order of conviction is based on surmises and conjecture and n..Category: Criminal Law | Date: | Hits: 67
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....e agreement and thereby they are not bound by the terms of the agreement. It appears from the materials that the petitioners were also not given a reasonable opportunity of being heard though natural justice demands that no man should be condemned unheard unless this statutes excludes the operation ...... It has been stated that there is no bar in law to convert the Board into company. The BTTB was converted into BTCL for the sake of public interest and for the purpose of better functions efficiently according to law as laid down in Article 136 of the Constitution of Bangladesh which provides for ma......resent: Md. Mamtaz Uddin Ahmed J Naima Haider J Giasuddin Ahmed and others.................Petitioners Vs. Bangladesh and others………………………Respondents Judgment October 11, 2010. Cases Referred To- 48 DLR (AD) 20; 49 DLR 257. Lawyers Involved: Rokanu......ioners in respondent No. 6 including Clauses 3, 4, 5, 6, 7 and 11 of the Deed of Agreement dated 30.06.2008 signed between respondent No.2 and 6 (Annexure-B and C) shall not be declared to be without lawful authority and is of no legal effect, besides being violative of the fundamental rights of the..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. ......Md.) Vs. State 14 BLC 59; Rehatullah Vs. State, 13 DLR 750; The State Vs. Basirullah,16 DLR 189. Lawyers Involved: Joya Battacharia, Advocate-For the appellant. Md. Moniruzzaman, Assistant Attorney General with Kazi Mahmudul Karim, Assistant Attorney General -For the respondent. Criminal......tions 326A, 109 of the Penal Code was framed against the accused in presence of accused Nittya Nanda Majumder and in absence of accused Swapan and Sudangshu. However the Court appointed State defence lawyer to defend the absconding accused. 4. In course of trial the prosecution, in all examined f..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. ...... 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. ......tate……………………………………………………………..Respondent Judgment March 26 & 27, 2011. Lawyers Involved: No one-For the appellants. Md. Selim, Deputy Attorney-General with Md. Ensanuddin Sheikh and Md. Nurul Islam Matubber, Assistant Attorney-Generals-......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 conviction and sentence is sustainable in law. 8. Perused the impugned judgment and order of conviction and sentence and the materials on r..Category: Criminal Law | Date: | Hits: 69
Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)
....ablishing the same by expert's opinion after examination and comparison of the LTI of the executant Nihar Bala by a finger‑print expert which the defendant petitioners want to do in the interest of justice. He further submits that it is true that the learned Subordinate Judge is quite competent un......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. ......bari against the defendant No.1 and the present petitioners as defendant Nos. 2 and 3 for specific performance of a contract of sale of the suit property. She stated in her plaint that she had gone into possession over the suit property after the execution of the bainapatra dated 25.2.87 by the defe......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. ..Category: Procedural Law | Date: | Hits: 84
.... the impugned order without jurisdiction and the same is of no legal effects.
In the result, the Rule is made absolute.
No costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 167....... the impugned order without jurisdiction and the same is of no legal effects.
In the result, the Rule is made absolute.
No costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 167.......te ‑ For the Respondents.
Writ Petition No.345 of 1985 (Dhaka) and Writ Petition No.23 of 1989 (Rangpur).
Judgment
AM Mahmudur Rahman J.- By this Rule Nisi the respondents were called upon to show cause as to why the impugned judgment and order passed on 7.8.85 by respondent No.1 as per A......ere called upon to show cause as to why the impugned judgment and order passed on 7.8.85 by respondent No.1 as per Annexure C to the writ petition should not be declared to have been made without any lawful authority and of no legal effect.
2. The aforesaid Rule arises out of the following circum..
Category: Labour and Industrial Law | Date: | Hits: 112
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
....upon the defendant‑petitioner of the Miscellaneous case and illegally set aside the impugned ex parte decree and restored the suit to its file and number and as a result there has been a failure of justice. His next contention is that in the instant suit, service of summons was duly effected in fu......ice of summons. The learned Munsif on consideration of the materials on record came to a finding that no service of summons was duly made upon the defendant‑petitioner of the Miscellaneous case and accordingly allowed the Miscellaneous case and set aside the ex parte decree and restored that suit ......J Arshad Ali……………………Petitioner Vs. Momtaz Ali and another................. Opposite Party Judgment December 9, 1991. Cases Referred To- Ganeshmal Vs. Kesorain Cotton Mills Ltd., 55 CWN page 349 (355) Lawyers Involved: SR Karmaker, Advocate ‑ For the Peti...... plaintiff‑petitioner, seriously assailed the judgment and order of the learned Munsif, now Assistant Judge, mainly on the ground of the learned Munsif came to a wrong finding upon misconception of law and facts to the effect that the summons was suppressed and not duly served upon the defendantâ€..Category: Procedural Law | Date: | Hits: 94
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
....ave in time which was duly received by the petitioner. His absence was not unauthorised. He finally alleged that the dismissal was arbitrary, motivated and absolutely against the principle of natural justice and the order of dismissal was liable to be set aside. The petitioner appeared before the La......er of dismissal and to reinstate himself to his post with all back wages. The petitioner by letter dated 15.6.84 asked him to appear before the Management for personal hearing on 21.6.84. He appeared accordingly. He claimed that he was not given any personal hearing and thereafter by letter dated 22......tion of Calcutta; R. Jeevaraninam Vs. State of Madras, AIR 1966 (SC) 951. Lawyers Involved: Khalilur Rahman with Syeda Afsar Jahan, Advocates‑ For the Petitioner. AY Salehuzzaman, Deputy Attorney General‑ For the Respondents. Writ Petition No.524 of 1987. Judgment Mainur Reza C......ndents to show cause as to why the judgment and order dated 15.6.87 passed by the respondent No.1 in Complainant Case No.58 of 1984 (Annexure 'C') should not be declared to have been made without any lawful authority and to be of no legal effect. 2. Pending hearing of the Rule, operation of the i..Category: Labour and Industrial Law | Date: | Hits: 120
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....etitioners, firstly submits that the learned Subordinate Judge, has committed error of law resulting in an error in the decision due to misconception of law and facts which has resulted in failure of justice. Hence the impugned order should be set aside so far as it relates to the amendment of the p......g out the suit‑property. The plaintiff‑petitioner being her closest neighbour wanted to purchase the same and a deed of agreement (bainanama) for sale between the plaintiff and defendant No.1 was accordingly executed on 25.2.1987 fixing the consideration of the suit‑property at Tk. 2 lac, out ...... allegations, inter alia, that the defendant‑opposite party No.1 was the owner of the suit property on the basis of a transfer deed dated 2.4.1937. Her name was mutated in the khatians and she used to pay taxes in her name and also lives in the suit‑holding along with two monthly tenants; that h......on and obtained the prevent rule. 3. Mr. ABM Nurul Islam, the learned Advocate appearing for the defendant‑petitioners, firstly submits that the learned Subordinate Judge, has committed error of law resulting in an error in the decision due to misconception of law and facts which has resulted i..Category: Procedural Law | Date: | Hits: 76
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
....t subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears to have exercised jurisdiction resulting in an error in the decision occasioning failure of justice." The learned Advocate referred to the provision of Order 43 rule 1 (a) of the Code which...... the Administrative Tribunal. 5. The learned Munsif after hearing the parties by his order dated 28.3.87 allowed the application and ordered that the plaint be returned and the suit be disposed of accordingly. Being aggrieved, the plaintiff has filed this application and obtained, the instant rul......ahman Khan J Mansur Ali (Md.) ................................Petitioner Vs. Janata Bank and others.......................Opposite Parties. Judgment August 23, 1990. Cases Referred to- AIR 1975 (Karnatak) 200, 10 DLR, 633, 21 PLD (Karachi) (1969)349; 22 DLR (SC) 389; 39 DLR, 3......shall be instituted in the Court of the lowest grade competent to try it. 16. Suits to be instituted where subject‑matter situate, subject to the pecuniary or other limitations prescribed by any law." In support of his contention the learned Advocate for the petitioner has cited the case of ..Category: Administrative Law | Date: | Hits: 189
Khokan Vs. State, 1990, 19 CLC (HCD)
....gross irregularity, if not illegality as well in the matter. As the accused persons were tried in absentia and they did not get any opportunity of cross‑examining the witnesses, I think for ends of justice, the case should go on remand for retrial to the Special Tribunal, specially in view of the ......ding. 4. The learned Magistrate by order dated 27.3.88 made arrangements for notification in the official Gazette and newspaper as required under section 339B of the Code of Criminal Procedure and accordingly the abscondence of the accused persons was notified in the official Gazette and the Dail......umbering 20/25 raided the house of informant Dilu Mia at 6‑D/7‑2, Mirpur and searched for the informant. As the informant was out from the house the accused persons blasted few bombs and set fire to 11 huts belonging to the informant causing a loss of Tk. 30,000/‑. 3. The police after inves......r section 27(6) of the Special Powers Act, in view of section 5(2) of the Code of Criminal Procedure which requires that the special case should be tried as per the procedure laid down by the special law and the special law would get preference to the general law which is superseded by the special l..Category: Criminal Law | Date: | Hits: 67
...., PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
......y of his life. According to Mr. Rafiq‑ul‑Huq, these are three independent grounds which led to the conclusion mentioned in paragraph 4 i.e. for maintenance of public safety and public order. But, according to the learned Advocate, those are merely disturbance of law and order leading to disorder......hmood..................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Home Affairs and another.............Respondents.
Judgment
February 11, 1991.
Cases Referred to-
Liversidge Vs. Sir John Anderson and another (1942 AC 206); Golam Jilani Vs. Government of W......udud Ahmed, the Former Vice‑President of Bangladesh, now detained in his own house should not be brought before this Court so that it may certify itself that he is not being held in Custody without lawful authority or in an unlawful manner.
2. This Rule was issued on 2.1.91 and in the meantime ..
Category: Constitutional Law | Date: | Hits: 178
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ...... Kazi Ebadul Hoque J Silver Estate Ltd ................................Petitioner Vs. Abdul Hakim Mia and others................Respondent. Judgment April 3, 1991. Cases Referred to- AIR 1915 Mad 305, PLD 1947 PC 407; 521 C 971 AIR 1926; Mad 579, AIR 1961 Raj 196; AIR 1943 M......en it came to the light the matter was attempted to be compromised out of Court and a petition of withdrawal of the suit was filed on 15.9.1981 and as such the suit was not in existence in the eye of law on the date of filing Title Suit No. 417 of 1982 by the defendant No. 2. The defendant never avo..Category: Civil Law | Date: | Hits: 92
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....ved at the positive finding that the Miscellaneous case is barred by limitation. He further submits that the learned Assistant Judge erred in law resulting an error in the decision causing failure of justice in allowing the Miscellaneous case. Mr. Abdus Satter, the learned Advocate for the opposi......rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ...... 4. On 15.03.1983 the opposite parties as petitioner brought miscellaneous case No. 25 of 1983 under order 9 Rule 13 of the Code of Civil Procedure before the 1st Court of Munsif, Noakhali for the restoration of the Title Suit No. 370 of 1982 to its original file and number after setting aside the e......of the Code of Civil Procedure are all false, concocted, motivated and without any basis; that the summons and copies of the plaint were duly served upon them by the process server in accordance with law before so many witnesses; that they had full knowledge about the institution of the Title Suit N..Category: Property Law | Date: | Hits: 82
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ...... that the petitioner Anika Ali and the respondent Rezwanul Ahsan were married on 23.12.2002 under Muslim Law and the dowry was fixed at Tk.10,00,000/- of which 2,00,000/- was shown as paid, although, according to the petitioner, no money was paid. A child Farzan Ahsan, was born during their wedlock ......-Record-For the petitioner. A. F. Hasan Arif, Senior advocate (with Rafiqul Islam Miah, Senior advocate) instructed by Zahirul Islam, Advocate-on-Record-For respondent. Civil Petition for Leave to Appeal No. 527 of 2011 (From the judgment and order dated 23.02.2011 passed by the High Court ......nd control over the child. 4. Family Suit No.322 of 2005 filed by the petitioner and Family Suit No.484 of 2005 filed by the respondent proceeded simultaneously and the instant petitioner’s lawyer advised her to settle the matter amicably. On 03.04.2006 two solenamas were executed, one for..Category: Family Law | Date: | Hits: 327
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