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Mainuddin Vs. State, 2010, 39 CLC (AD)
....in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 259......im CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mainuddin………………………………….Petitioner Vs. The State and another………………..Respondents Judgment August 5, 2010. Lawyers Involved: Ab......t, the High Court Division upon a superficial consideration of the materials on record maintained the impugned order. He lastly submits that the material on record will prove that there is totally no legal evidence in support of the charge against the petitioner and as such, the learned Judges of th..Category: Criminal Law | Date: | Hits: 24
Md. Jamal Uddin Vs. Dr. ABM Morshed Alam, 2010, 39 CLC (AD)
....r books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1016. ......vocate instructed by Md. Zahirul Islam, Advocate-on- Record- For Respondent No.1. Not represented- Respondent No. 2. Criminal Petition for Leave to Appeal No. 354 of 2009. (From the judgment and order dated the 18th day of May, 2009 passed by the High Court Division in Criminal Misc. Case N......he accused, complainant further deposited the cheque but the cheque was dishonored noting that the fund is insufficient on 24.02.2004. Having no other alternative on 04.03.2004 the complainant sent a legal notice through his Advocate stating all the facts to the accused petitioner with a request to ..Category: Criminal Law | Date: | Hits: 39
Abu Taher and others Vs. State, 2009, 38 CLC (AD)
....ned. The informant wanted to bring this incident to the notice of his brother Israfil. But when Israfil returned home and heard about the whole thing he remarked that his six sons should have given a proper lesson as a reply, to the informant’s family and then he started rebuking in a filthy langu......Division (Criminal) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Abu Taher and others………………..Petitioner Vs. The State………………………………….......ned Counsel for the petitioners deserve consideration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 31
Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)
.... and take care of her health and welfare. The ‘Kha’ scheduled land was correctly recorded in the name of the defendant no.2 in field survey held recently and the names of the plaintiffs were also properly recorded as per their shares in the property. On 21st Kartick, 1399 B.S. corresponding to 0......Case is Reported in: 16 MLR (AD) 2011, 16. ......onmohon Sheel and Morendra Nath Sheel were full brothers. The plaintiffs are the sons of Norendra Nath Sheel. Monmohon Sheel, husband of Shurdhani Sheel died before R.S. operation without leaving any legal heir excepting defendant No.2 as his wife. After the death of Monmohon Sheel his wife Shurdhan..Category: Property Law | Date: | Hits: 29
.... at liberty to dismiss the plaint. Accordingly this Rule is discharged with observation as made above. There shall be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 122.
......ion
(Special Original Jurisdiction)
Present:
Md. Abdul Matin J
Mohammad Marziul Huq J
Rezaul Karim Chowdhury (Md) & others ……….Petitioners
Vs.
Court of District Judge and Bankruptcy Court Chittagong and others…….Respondents
Judgment
October 25, 2001.
La......tion 8(2) and 9(2) of the Act, for non-compliance of the same the Bankruptcy Case No. 2 of 1999 cannot be proceeded with as per law and same has been entertained without lawful authority and is of no legal effect. Section 28 of the Bankruptcy Act runs as follows:
(1) The Court shall dismiss a pla..
Category: Banking Law | Date: | Hits: 127
Khan and Company Ltd. Vs. Presiding Judge of the District Court and others, 2000, 29 CLC (HCD)
.... were on 1-11-98 strictly in accordance with the provision of Order XXXVII CPC as quickly as possible. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 121. ...... Ed. This Case is also Reported in: 54 DLR (2002) 121. ...... in all the aforesaid Title Suit Nos. 7, 9, 10, 11, 13, 14 and 15 all of 1998 pending in the District Court of Dhaka are hereby declared to have been passed without any lawful authority and are of no legal effect. The District Court is directed to dispose of all the aforesaid suits from the stage as..Category: Civil Law | Date: | Hits: 64
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
....ny person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to give donation or subscription of any kind or to deliver to any person any property or valuable security or anything signed or sealed which may be converted into a valuable se......DLR (AD) 18; Dulal Howlader Vs. State, 48 DLR 269; 1986 BLD (AD) 283; 51 DLR 154; 53 DLR (AD) 1; 41 DLR 385; 35 DLR 5, 127; 10 DLR (SC) 29. Lawyers Involved: Farhad Ahmed with Dewan Abdun Naser and Fazle Rabbi, Advocates‑ For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney-Gen......95 and investigated the case. During investigation the alleged victim Atiar Rahman was recovered and his statement was arranged to have been recorded by a learned Magistrate, Chuadanga, observing all legal formalities. The investigating officer submitted charge-sheet against the present appellant an..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....before the Chairman, Court of Settlement, Dhaka under Section 7(1) of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No.54 of 1985) stating, inter alia, that the case property belonged to Rafi Ahmed Fidai who got the same by way of allotment from the then Government ......urt Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Ambia Khatun.............................Appellant Vs. Bangladesh and others.............Respondents Judgment August 10, 2009. Cases Referred to- Baldwin ......dinance No.54 of 1985 have no manner of application as the appellant was in possession and no notice was served upon the appellant. So, the inclusion of the case property under Section 5(1) (b) was illegal. The Court of Settlement by its judgment and order dated 20-12-1994 dismissed the case of the ..Category: Property Law | Date: | Hits: 30
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......mmad Chowdhury, Deputy Attorney General — For the State. Criminal Miscellaneous No. 3642 of 2001. Judgment Altaf Hossain Khan J.- This Rule issued at the instance of the convict-petitioner and, Delower Hossain @ Bhuiya calling upon the Commissioner Narayanganj to show cause as to why the ......udgment and order of conviction and sentence and obtained the Rule. 5. The learned Senior Counsel appearing for the convict petitioner at the very outset has submitted that the alleged victim is a legally married wife of the petitioner and in support of his contention annexed a kabinnama, registe..Category: Criminal Law | Date: | Hits: 37
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
....proved and in view of the assertion of suppression of summons and notice the plaintiff has to prove service of summons and notice by adducing evidences to the effect that the summons and notices were properly served but both the courts failed in taking into consideration of such facts having regard ......(2002) 108. ......n of law and also appreciating the findings of the trial Court came to the conclusion that the next friend alone has to prove that the person is of unsound mind on whose behalf he is representing and legally found that the next friend failed to prove the contention that Azizur Rahman is a person of ..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....igation is essential and imperative in resolving the controversy and material issue involved in the suit for a decree of recovery of khas possession on declaration of plaintiff-petitioners title over property described in schedule to plaint, And (ii) whether the decision under challenge in Revisi......e following two questions which are- (i) Whether Local Investigation under Order 26, rule 9 of the Code of Civil Procedure on matters stated in the application for Local investigation is essential and imperative in resolving the controversy and material issue involved in the suit for a decree of ......ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ..Category: Administrative Law | Date: | Hits: 236
Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
....to service and make further enquiry in the matter as it thinks fit and proper and thereafter may either declare that the summons has been duly served or order such other service as it deems fit and proper. 6. Both these provisions under rule 17 and rule 19 be read together and when read togethe......er as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147.......the return under rule 17 of Order 5 of the Code made by the process server is merely in the form of a statement without any affidavit in the form of a solemn declaration, the court would be under a legal duty to examine the process server on "oath" as to the proceeding of service and may also make..Category: Procedural Law | Date: | Hits: 66
Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)
....n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139.......orted in: 40 DLR (1988) 139.......is heard and disposed of by this judgment. 7. Mr. M.A. Wahab, the learned Advocate appearing on behalf of the accused-petitioners, submitted that the order of the learned Sessions Judge is illegal and passed in violation of the statutory provisions of law at the time when the statuary per..Category: Criminal Law | Date: | Hits: 30
....the resolution in the language which on English rendering will be as follows :-
"This meeting unanimously records its decision that in the interest of the development works of this Upazila and for proper execution of the works by Upazilla Parishad during the current financial year and for various......sent:
Sultan Hossain Khan J
Amin-Ur-Rahman Khan J
Abdus Sobhan............................................Petitioner
Vs.
The Secretary, Ministry of Local Government, Rural Development and Co-operatives and Ors.....................Respondents
Judgment
December 8, 1986.
Law......fter delaying the disposal of the petition for an unusual length of time ultimately rejected the prayer by his impugned order dated 23.4.86. The said impugned order was arbitrary, mala fide as also illegal.
3. The respondent No. 1 filed affidavit-in-opposition wherein it was stated that the resol..
Category: Administrative Law | Date: | Hits: 185
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
....bour Court in deciding a complaint filed under clause (b). It runs as follows:- "(d) in deciding the matter the Court may pass such orders including orders regarding costs, as it may deem just and proper and it may, in appropriate cases, require, by such order, the rein statement of the complai............Opposite Party Judgment April 7, 1987. Cases Referred to- Zeal Bangla Sugar Mills Ltd. vs. Chairman 1982 BLD (HD) 57, SH Quddus & others vs. Chairman, Labour Court, Chittagong and others, 33 DLR(HD) 1, 33 DLR(AD) 12; Ayesha Salahuddin vs. Chairman, Second Labour Court and ano......, converted the order of dismissal into an order of termination with all benefits under the rules. The said order is challenged in this writ petition as being without any lawful authority and of no legal effect. 4. Mr. Md. Abdur Rashid, the learned Advocate appearing for the petitioner submits ..Category: Labour and Industrial Law | Date: | Hits: 124
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....sed persons when they were absconding. He denied the defence suggestion that he did not visit the place of occurrence and held investigation in perfunctory manner and did not record the statement properly and Farid and Mokles did not tell about recognition of the accused persons to him. He denie..........................Appellants Vs. The State……………………………...Respondent Judgment August 5, 1986. Cases Referred to- Nazrul Islam vs. State, 27 DLR 671; The Crown and Badiuzzaman vs. Abdul Majid Bepari 8 DLR (FC) 69, 9 DLR 247; Ekabbar Khan and others vs. The Sta......mation as to the occurrence and the information being first in point of time was the F.I.R and statement recorded in Ext.1 being later in point of time made to the police during investigation was illegally taken into evidence by the trial Judge as the same is hit by section 162 of the Criminal Pro..Category: Criminal Law | Date: | Hits: 27
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
.... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ......ules are discharged. Cases Referred to- 32 DLR (AD) 46; 31 DLR 326; Vitarelli vs. Seaton (1959) 359 US 535; 3 L Ed 2d 1012 Ramana Dayaram Shetty vs. The International Airport Authority of India and others, AIR 1979 (SC) 1928); M. Noman vs. the Dhaka Improvement Trust, 16 DLR (Dhaka) 536; The......their contention that they stand discharged of the charges brought against them for continuation of the proceedings beyond the period of limitation and, therefore, the impugned orders passed were illegal and without jurisdiction. 5. From the side of the respondent-Corporation the argument is tw..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....1984, Exhibit 1. The defendant No. 2 accepted the sanction letter containing various terms and conditions by signing the same and took the loan placing his and his wife’s (defendant No.3) immovable properties under equitable mortgage and hypothecation against project machinery and equipment, stock......ourt High Court Division (Civil Appellate Jurisdiction) Present: MA Choudhury J Md. Abdul Aziz J Sonali Bank………………….……………..Petitioner Vs. Rana Oil Mill and ors …………………..Respondents Judgment May 24, 1999. Cases Referred To- Koh......c and the amount was disbursed to the defendants, there were no raw materials in the mill against the said money. The plaintiff alleged that the defendant removed the loan money to different sector illegally and thereby cheated the plaintiff. It is further alleged that the defendants have defaulted ..Category: Civil Law | Date: | Hits: 85
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ster and now Leader of the Opposition in Parliament calling upon the respondents to show cause as to why the impugned notice dated 24.5.2009 (annexure C-2) asking the petitioner to return the demised property during the subsistence of a registered lease in perpetuity dated 8.7.1981 situated at 6, Sh......ourt High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hassan Arif J Begum Khaleda Zia...........Petitioner Vs. Government of Bangladesh and others .......... Respondents. Judgment October 13, 2010. Result: The rule is disch......lease in perpetuity dated 8.7.1981 situated at 6, Shaheed Moinul Road, Dhaka Cantonment, Dhaka without due process of law shall not be declared to have been made without lawful authority and is of no legal effect and also violative of the fundamental rights guaranteed to the petitioner under article..Category: Property Law | Date: | Hits: 88
State Vs. Shahin and others, 2009, 38 CLC (AD)
....llow the law, the evidence and material on record but in the present case, the learned Session Judge deviated from the principle as laid down. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illega......ition No.73 of 2009) Judgment April 27, 2009. Cases Referred To- Sk. Shamsur Rahman @ Shamsu Vs. The State 10 BLR 251; Tapinder Singh Vs. State of Punjab AIR 1970 SC 1566; Lallubhai Devchand Shah Vs. State of Gujara, AIR 1972 SC 1776; State Vs. Mukbul Hossain, 26 DLR 419. Lawyers Inv......udge deviated from the principle as laid down. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is d..Category: Criminal Law | Date: | Hits: 33
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