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Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
....of 2005 disallowing the appeal with cost affirming those dated 30.07.2005 passed by the Joint District Judge, Additional Court, Narayangonj in Title Suit No. 168 of 1992 decreeing the suit. 2. The facts involved in the case, in short, are that Bangu Sheikh had jote right in respect of 54 decimals......n: VII ADC (2010) 945. ......sing the materials on record and the provision of law applicable thereto; that the High Court Division manifestly erred in law resulting in an error occasioning failure of justice in misreading the evidence on record and failed to consider the legal and admitted facts and in basing decision on mer..Category: Property Law | Date: | Hits: 47
Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)
.... finding by the appellate court below, the last court of finding of fact on consideration of the materials and evidence on record, the High Court Division erred in interfering with such findings of facts in its revisional jurisdiction in the absence of any allegation of non-consideration of any ......her. Ed. This Case is also Reported in: VII ADC (2010) 940. ......d possessing 6½ decimals of land vide sale deed dated 27.07.1967 and heba deed dated 17.02.1993. Hence the suit is liable to be dismissed. 6. The trial Court on consideration of the materials and evidence on record decreed the suit in part allowing a saham of only 8¾ decimals of land in Plot No..Category: Property Law | Date: | Hits: 45
Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)
.... now working in the Urology Department of Dhaka Medical College, and considering this aspect we find that petitioner is an experienced person and his case may be considered as an exceptional one. The facts of the above cited case, though are distinguishable from those of the present case, but the re......Court Division (Special Original Jurisdiction) Present: Syed JR Mudassir Husain J Md. Arayesuddin J Dr. Manzoor Rasheed Chowdhury …………Petitioner Vs. Principal, DMC Dhaka and others………………. Respondents Judgment May 8, 2000. Cases Referred To- Rite......ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ..Category: Others | Date: | Hits: 100
....tice is nothing but harassment to the petitioner. Mr. M. K. Rahman further submits that the ratio decidendi of the case reported in 14 MLR 87 squarely applicable in the present case in context of its facts and circumstance.
8. Heard the learned Advocates at length, perused the writ petition, the...... Lake Apartment House No. 36, Flat No.402 (5th Floor), Road No.7, Dhanmondi R/A. Dhaka….............Petitioner
Vs.
Director General, Bureau of Anti Corruption Bangladesh, Segunbagicha, Dhaka and others….............Respondents
Judgment
November 16, 2009.
Result:
The Rule is di......d in the context of any proceeding initiated against writ petitioner nor is the petitioner an accused in any proceeding”.
“The information sought for by the notice does not amount to providing evidence by the then Bureau (at present Commission) against the petitioner contrary to the establish..
Category: Anti-Corruption Laws | Date: | Hits: 171
Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....ed in aforesaid two Sessions cases the accused-appellant preferred these two Criminal Appeals before this Court. 8. Since both the appeals are pending between the same parties and same question of facts and law is involved in these appeals, so both the appeals have been heard analogously and thes...... Eshan Re-Rolling Mill Ltd………Respondent Judgment July 19, 2009. Cases Referred To- kishore kumar Vs. T.K. Corporation Ltd. (2004) 13; Sayeed Ishaque Memon Vs. Ansari Naseer Ahmed and another (2005) 12 SC case page 140; Narsingh Das Tapadia Vs. Goverdhan Das Partani and another (......ional Metropolitan Sessions Judge, 1st Court, Chittagonj for trial. The learned Additional Metropolitan Sessions Judge held the trial inabsentia of the accused-appellant and upon consideration of the evidence on record found the accused-appellant guilty under section 138 of the Negotiable Instrument..Category: Criminal Law | Date: | Hits: 57
M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)
....of contract value as reflected in the Agreement for Sale (Annexure-B) and the decree dated 2.5.2005 passed by the High Court Division (Annexure-C-1) in the Civil Revision No. 5380 of 1991. 2. The facts leading to the issuance of the Rule, in brief, are: 3. Saifuddin Ahmed Siddique was the ow......o Reported in: 29 BLD (HCD) (2009) 703. ......ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ..Category: Property Law | Date: | Hits: 35
Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ......(Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mamtaz Uddin Ahmed J Md. Monjur Murshed………….........................Petitioner Vs. Government of Bangladesh and others…………Respondents Judgment June 24, 2009. Result: The Rule is discharged......g run on a commercial consideration even if all its shares are held by the Government. This is the duty of the Board of Directors of the bank and its share-holders, the Government. 19. There is no evidence on record that the Board did not consider the scheme in its proper perspective. It is also ..Category: Banking Law | Date: | Hits: 205
A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)
....ce shall not be declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this court may seem fit and proper. 2. Short facts, relevant for disposal of the Rule are that the petitioner was appointed as a Guard on 05.06.1......D (HCD) (2009) 750. ......er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ..Category: Employment/Service Law | Date: | Hits: 104
Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)
....ial Court has declared plaintiffs title and possession in exercise of powers under Order 7 Rule 7 C.P.C. under this provision a plaintiff ought to be given such relief as he is entitled to get on the facts established upon the evidence in the case even if the plaintiff does not contain a specific pr......e Petitioner. Mozaffar Hossain, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 382 of 2009. (From the judgment and order dated 27.10.2008 passed by the High Court Division in Civil Revision No.1827 of 2004.) ......যোগ্য কিনা? ৪। বাদীপক্ষ প্রার্থিত মতে প্রতিকার পাইতে পারে কিনা? 5. After discussing the evidence and the materials on record the trial Court decided the issues and accordingly decreed th..Category: Property Law | Date: | Hits: 32
Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
....itioner in proceeding with the case. The learned Advocate however tried to put blame on the learned Advocate of the petitioner, who conducted the suit in the trial Court. 8. Having regard to the facts and circumstances of the case as disclosed in the observations made by the High Court Divisi...... (Civil) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Chairman, Chittagong Port Authority………….......Petitioner Vs. Safiuddin and others…………………………….......Respondents Judgment January 11, 2010. ......ed there-against the plaintiff moved the High Court Division in Civil Revision No.227 of 2003. The Rule was contested by the defendant. The High Court Division on consideration of the materials and evidence on record and the submissions of the learned Advocate of the contesting parties made the ..Category: Civil Law | Date: | Hits: 63
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
.... reversing the judgment and decree dated 26.02.90 (decree singed on 6.3.90) passed by the Senior Assistant Judge, 1st Court, Dhaka in Title Suit No.291 of 1987 decreeing the suit. 2. The relevant facts necessary for disposal of the Rule are that the petitioner as plaintiff instituted Title Suit ......ision (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Md. Sharif Hossain……………………………………..Plaintiff-respondent-petitioner Vs. Md. Abdul Jalil and another…………………Defendant-appellant-opposite parties. Judgment October 19, 200......ach other and the path way for getting entrance of both the premises are also separated and for all these reasons the suit is liable to be dismissed with cost. 4. At the trial both the parties led evidence both oral and documentary to prove their respective cases. 5. The learned Assistant Judg..Category: Property Law | Date: | Hits: 39
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....absolute. 11. On the other hand, the learned Counsel Mr. Abdul Quaiyum with Mr. Sasti Sarker appearing on behalf of the defendant-respondent-opposite parties submits that the concurrent finding of facts cannot be disturbed in revision under Section 115 of the Code of Civil Procedure. The learned ......is Case is also Reported in: 29 BLD (HCD) (2009) 735. ......th a mala fide intention to grab the suit land and as such the suit is liable to be dismissed. 7. During the course of trial the learned Subordinate Judge, 4th Court, Dhaka on consideration of the evidence on record and after perusing the papers, documents and exhibits dismissed the suit of the p..Category: Property Law | Date: | Hits: 39
Alauddin Vs. State, 1999, 28 CLC (HCD)
....ew that if the investigation officer fails to mention proper section in charge sheet or in his report, the Court concerned is empowered to take cognizance under proper section on consideration of the facts and circumstances and the case made out in that report. In the instant case, the investigation......aque J ABM Khairul Haque J Alauddin……….Petitioner Vs. State ………….Opposite Party Judgment November 30, 1999. Lawyers Involved: Syed Ziaul Karim with Salahuddin and Syeda Mamuna Begum, Advocates— For the Petitioner. Md. Mustafa, Assistant Attorney- General......not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ..Category: Criminal Law | Date: | Hits: 29
Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)
....inting respondent No. 2 Md. Mobarrak Hossain as Mutwalli of the said Waqf Estate, should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The relevant facts stated in the writ petition are that one Dagon Majumder made a Waqf of his property by a regis......Jurisdiction) Present: Syed JR Mudassir Hossain J Syed Mahmud Hossain J Azizul Hoq (Md.)...............................Petitioner Vs. Administrator of Waqf, Government of Bangladesh and others …..Opposite Party Judgment July 25, 2001. Lawyers Involved: Fazlul Karim ......the similar language as made by the respondent No. 1, by denying the allegation made in the writ petition. It has been further stated that the Administrator of Waqf having considered and assessed the evidence on record rightly found that petitioner guilty of misappropriation of the property and mism..Category: Trust/Waqf Law | Date: | Hits: 180
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
.... Appeal No.10 of 1986 affirming those dated 29.1.86 passed by Mr. Ahammed Jamil Mostafa, Subordinate Judge, Bogra in O.C. Suit No.377 of 1985 refusing the prayer for temporary injunction. 2. Short facts giving rise to this Rule may be stated as follows:— The petitioners as plaintiffs institu............................Petitioners Vs. Begum Tofatun Nahar & others ....................Opposite Parties Judgment December 14, 1988. Cases Referred to- 28 DLR (AD) 57, Naimullah and another Vs. Govt. of Bangladesh and others, the Bangladesh Supreme Court Digest 1972-1977, Vol......out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151...Category: Procedural Law | Date: | Hits: 80
Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)
....the land in suit was a joint property and he had a share therein and the documents were fraudulently executed by Dhirendra Lal Nandy. It seems to me that the Court below on consideration of these facts thought that opposite-party No. 1 is a necessary party and for effective and complete adjudi......preme Court High Court Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Md. Nurul Abser Miah...................................Petitioner Vs. Kiron Shankar Nandy & others........................Opposite Parties Judgment March 1, 1988. Cases Ref......e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ..Category: Procedural Law | Date: | Hits: 70
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
....egally and is set aside and the Rule is made absolute. The order staying all further proceedings of Title Suit No.166 of 1983 is hereby vacated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case i...... Ali J.- This Rule is directed against an order dated 2.9.84 passed by the Munsif, 4th Court, Narayanganj, in Title Suit No.166 of 1983. The learned Munsif by this order held: "This is a suit for mandatory injunction and the relief sought for by way of mandatory injunction has got no market val......ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ..Category: Civil Law | Date: | Hits: 159
Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)
....ing convicted, for more than 18 days, the ends of justice would be met if his sentence is reduced to a fine and for the period already undergone. 14. I have given my anxious consideration to the facts and circumstances of the case and considered the submission of the learned Counsel as to the s......vocates — For the Appellant. Not represented—the State. Criminal Appeal No. 181 of 1983. Judgment Anwarul Huque Choudhury J.- This appeal by Ratu Nag is directed against the judgment and order dated 12.1.1983 passed by the learned Sessions Judge, Tangail convicting the accused app......nsel appeared for the appellant along with Mr. Gour Gopal Shaha while none appears for the State. 6. Mr. Shawkat Ali Khan, the learned Counsel having taken me through the impugned judgment and the evidence on record had submitted that the order of conviction and sentence cannot be sustained in ..Category: Criminal Law | Date: | Hits: 35
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
....51 days after filing of the new partition suit, 25 days after the written statement was filed in the new suit and 3 days after tiling the injunction petition in the new suit and suppressing all those facts the 1st Party-petitioners filed the present application under section 145 of the Code of Crimi......hers ..............Petitioners Vs. Helaluddin Dhali & others ..............Respondents Judgment December 8, 1988. Cases Referred to- Malik Manzoor Elahi Vs. Lala Bishambar Dass and another, 16 DLR (SC) 246; Mahmudul Haq Vs. Golam Moula and another, 37 DLR 290; Md. Shahjahan Sh......ners submits that before the learned Additional Sessions Judge there was no deposition of any witness, no inquiry report, no written documents submitted during inquiry and no substantive piece of evidence warranting an order of the kind passed by him. He has, in fact, quashed the proceedings w..Category: Criminal Law | Date: | Hits: 32
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
.... effect and it is further declared that the petitioner has still been holding the office of Chairman of Chandina Upazila Parishad within the District of Comilla as its elected Chairman. 22. In the facts and circumstances of the case the petitioner shall get cost of Taka 5,000/= (Tk. five thousand......9) 108.......avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108...Category: Election Law | Date: | Hits: 92
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