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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. ...... against all the said orders dated 1-11-98 passed in the aforesaid all the title suits. 3. We have heard the writ petitioner in person. Perused the writ petition and the annexures there as well as record of all the said title suits. 4. No one appears to oppose the Rule. 5. Paragraph No. 4 o......e National Bank Ltd. Summons of the suits were served upon the said defendant-bank on 19-8-98. Under the law a defendant in such a suit is to obtain leave to appear and defend within 10 days from the service of summons upon him on 28th and 29th August were respectively Friday and Saturday and, as su..Category: Civil Law | Date: | Hits: 64
Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)
.... ensured." We also like to quote another paragraph from this judgment which is as follows: "A detention does interfere with individual freedom of movement but yet it is ordered only for greater good. It is an evil but a necessary evil. It may be cruel to one but only to be kind to the rest in ......illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ......illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ..Category: Criminal Law | Date: | Hits: 34
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
....9. In this connection we may refer to 48 DLR 269 Dulal Howlader Vs. State: wherein the term “extortion" is explained as follows: The presence of imminent fear and also the delivery of possession of goods to the offender. The actual delivery of possession of the property by the person put in fear i......onment for life and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for a period of 1 (one) year more. 2. The prosecution case, in short, as it appears from the materials on record is that on 29‑5‑1995 at about 1100‑45 PM 10/12 unknown miscreants abducted one Md. Atia....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... error of this particular kind, has exceeded its jurisdiction. No tribunal, it is said, has any jurisdiction to be influenced by extraneous considerations or to disregard vital matters. This is good sense and enables the Court of Queen's Bench to receive evidence to prove the error. But an exc......d registered the same on 18-4-1974. Zakia Khatoon paid municipal taxes and the appellant which living in the suit property after purchase used to pay electricity bills and WASA bills and the draft RS record in respect of the suit property has been prepared in the name of the appellant and as such, t......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ..Category: Property Law | Date: | Hits: 30
Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......e judgment of the High Court Division is not sustainable in law. 6. Mr. Nurul Islam Bhuiyan, learned Advocate-on-Record, appearing for the respondents submitted that 3rd (Ka) schedule land was recorded in the name of Alam Khan in CR Khatian, Defendant No.3 contends the (Ka) schedule land was ......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195...Category: Property Law | Date: | Hits: 29
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
.... with him at his house enabling him to introduce her with his mother and when they reached at Moderga bus stand, the petitioner incited her so that she would not hesitate to go with him, believing in good faith she went with him at Gulistan by a baby-taxi, the convict petitioner told her that since ......cordingly. On completion of investigation the police submitted the charge-sheet against the petitioner under sections 8, and 9 (Ka) (Kha) (Ga) of Nari-o-Shishu-Nirjatan Ain, 1995. Thereafter the case record was transmitted to the learned Nari-o-Shishu-Nirjatan 1st Court, Narayanganj, who held the tr......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. ..Category: Criminal Law | Date: | Hits: 37
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
.... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ......1990 in the Court of Assistant Judge, Sadar, Noakhali, impleading the above petitioner as defendant No.1 and 19 others for the declaration of their raiyati right in the suit land because of the wrong recording of right in the name of the defendants. 3. In that suit defendant No. 19 Oziullah conte......ng about it well the plaintiff did not represent Azizur Rahman by his next friend, but obtained the decree practising fraud upon the Court and upon suppressing summons upon the defendant No.1 showing service of summons upon Azizur Rahman on 19-7-1992 one Asanullah knowing about the impugned decree i..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....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. ......Ali, Advocates—For the Petitioner. Md. Waliur Reza Chowdhury, Advocate—For the Opposite Party. Civil Revision No. 4842 of 2000. Judgment A K Badrul Huq J.- An order dated 23-10-2000 recorded by Senior Assistant Judge, Second Court, Dhaka in Title Suit No. 226 of 1985 rejecting plai...... Ali, learned Advocates appeared for plaintiff-petitioner. Defendant-opposite party is represented by Mr. Md. Waliur Reza Chowdhury, learned Advocate. 24. Strenuous argument has been pressed into service from the side of plaintiff-petitioner to bring home contention that the suit being declarati..Category: Administrative Law | Date: | Hits: 236
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......nd by registered deed of sale on 14.05.1969 to the defendant No.2, Parul Bala. On 04.02.1970 Parul Bala transferred the suit land to one Sufia Khatun and delivered possession. The latter got her name recorded in the R.S. Khatian and possessed the suit land till she transferred it to Shababuddin on 0......In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ..Category: Property Law | Date: | Hits: 39
Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
....end down the records to the court of Munsif at an early date. 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) 147.......of Order 5 of the Code is mandatory and need be followed strictly. The serving officer and the court need be conscious of this process and the procedure that is to be followed before there can be any recording by the Sheristadar to the effect that there is a valid service. 9. The process serv......Short facts are that opposite party No.1 brought a Partition Suit against the petitioner of this Revision case in the court of Munsif, Sadar, Rajshahi being Partition Suit No. 200 of 1975 but without service of the summons, but by concealing the same with the help of the process server and the attes..Category: Procedural Law | Date: | Hits: 66
Aminul Huq & others Vs. State and another, 1987, 16 CLC (HCD)
....hing to interfere with the impugned order. The Rule is, therefore, discharged. The stay order issued earlier on 28.11.85 is hereby vacated. Ed. This Case is also Reported in: 40 DLR (1988) 144. ...... Upazila Magistrate, transmitted G.R.Case No.84 to the Court of District Magistrate. The District Magistrate then transferred the case to the Court of Additional District Magistrate for trial and the record was received by the trial Court on 10.3.85 and the matter is still pending there. The accus......hing to interfere with the impugned order. The Rule is, therefore, discharged. The stay order issued earlier on 28.11.85 is hereby vacated. Ed. This Case is also Reported in: 40 DLR (1988) 144. ..Category: Criminal Law | Date: | Hits: 26
....mpugned resolution is quashed and the impugned order is set aside. These will be no order as to costs.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 136.......t was stated that though there was some delay in the disposal of the petition there was no malafide in the matter.
4. The petitioner has submitted before us that the Upazila Parishad can certainly record its proceeding and adopt resolution but that must be in conformity with law, i.e., the Lo......mpugned resolution is quashed and the impugned order is set aside. These will be no order as to costs.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 136...
Category: Administrative Law | Date: | Hits: 185
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
.... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ......tement in service ought to have been the normal order. In reply Mr. Mozammel Huq, the learned Advocate for respondent Nos.2 and 3 submits that the Labour Court, on consideration of the materials on record has formed an opinion that a strained relationship existed between the parties and it would, ......The petitioner, namely, Md. Shahjahan Ali was a worker in Alhaj Ahmed Ali Steel Rerolling Mills Ltd. of which respondent No.2 is the Manager and Respondent No.3 the Managing Director. He joined the service in 1966 as a Furnace helper. On gradual promotions, he rose to the post of the Furnace-in-ch..Category: Labour and Industrial Law | Date: | Hits: 124
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......and P.W. 18 Waned Ali Howlader were the eye witnesses to the occurrence. P.W.2 Tafazzel Hossain, P.W.4 Shamsul Huq, P.W.5, 6, 9 and 12 were not eye witnesses to the occurrence. P.W. 19 Mr.N.C. Biswas recorded the statement of P.W. 17 and accused Shahjahan under section 164 Cr.P.C. P.W. 20 Dr. Kaisar......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ..Category: Criminal Law | Date: | Hits: 27
Md. Makbul Hossain & others Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)
....ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......dated 11.2.86. 5. Being aggrieved by the aforesaid order, the petitioners moved this Court under Section 115 of the Code of Civil Procedure and obtained the present Rule. 6. We have perused the record and heard the learned Advocate for the petitioners at length. The only question that has to b......ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ..Category: Property Law | Date: | Hits: 54
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. ......rit petition may be founded on the allegation that the petitioner was removed from service on the basis of a departmental proceeding taken in his absence and on the basis of examining witnesses and recording their statements in his absence and thereby violating the principles of natural justice. ......times by these seven Petitioners under Article 102 of the Constitution of the People's Republic of Bangladesh challenging either the second show cause notices provisionally removing them from the service of the Trading Corporation of Bangladesh or the order of removal from service itself. As t..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....nts further alleged that, instead of co-operation, that plaintiff brought the suit before the maturity of the IDA loans. Plaintiff compelled them to close down the mill in spite of their bonafide and good repayment schedule, the defendants alleged further adding that the plaintiff has also violated ......l. The defendants- respondents preferred no appeal and/or any cross-objection. 5. We have gone through the impugned judgment and decree, the pleadings of the parties, evidence and materials on the record of the case and examined the documents marked exhibits. We have also heard the learned Advoca......0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ..Category: Civil Law | Date: | Hits: 85
.... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
......estigation is the order passed in Criminal Miscellaneous Case No. 7226/2000. In that case father of the victim wrote a letter to Mr. Nirmal Sen, a political leader, alleging that police refused to record a first information report. Mr. Sen then made an appeal to the Hon’ble Chief Justice by p...... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
..
Category: Anti-Corruption Laws | Date: | Hits: 178
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ble buildings standing thereon to a private individual is against public interest and the interest of the armed forces also and that there is no provision to lease out such a big area as a gesture of good will. That in the Cantonment Land Administration Rules 1937 there is a provision to lease out b......uoted here- 26. Disposal of Lease by Private Agreement.- Notwithstanding anything contained in rules 16 to 24 , the Military Estates Officer may, in exceptional cases for exceptional reasons to be recorded in writing , and subject to the approval of the Central Government, or such other authority......l case, in short, is that her husband Shaheed President Ziaur Rahman was a valiant freedom fighter and he was a sector Commander during the Liberation War of Bangladesh and that in recognition of his service in the Liberation War he was awarded the highest gallantry title “Bir Uttom” by the Gove..Category: Property Law | Date: | Hits: 88
State Vs. Shahin and others, 2009, 38 CLC (AD)
....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ...... operated on the body of the victim. The police, after investigation, submitted charge-sheet against the respondents and other accused under section 302/34 of the Penal Code. After receiving the case record the learned Mahanager Sessions Judge, Dhaka registered it as Mahanagar Sessions Case No.3656 ......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ..Category: Criminal Law | Date: | Hits: 33
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