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Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....in consideration of the service and deserts of the applicant. In the present case the lease in question was granted allegedly on compassionate ground as a gesture of good will in consideration of the facts (as it appears from the impugned lease deed-the annexure-A) that President Ziaur Rahman was br......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......his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ..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. ......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......মি তার ঘোষনা রেকর্ডের সময় সে কথা বলে, আবার অক্সিজেন দেয় আবার কথা বলে”। So the above evidence, shows that the state of condition of the victim was very serious and so it was the duty of..Category: Criminal Law | Date: | Hits: 33
Canada Shipping and Trading SA Vs. TT Katikaayu and another, 2001, 30 CLC (HCD)
....f the suit in view of Arbitration clause in the Memorandum of Agreement dated 25th May, 2001 and for release of the vessel TT Kartikaayu by the defendants—are heard together for disposal. 2. The facts, in short, are that a Memorandum of Agreement was entered into for selling the vessel TT Karti......u till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ......ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
....ction 164 Cr.P.C. The learned Advocate appearing on behalf of the appellants seriously assailed the said finding of the trial Court as well as the order of conviction submitting that in the attending facts and circumstances of the case those statements are not admissible in evidence and cannot be tr......s Case is also Reported in: 54 DLR (2002) 80. ......police. The appellants have also stated in their examination under section 342 Cr.P.C. that the alleged confessional statements made by them were not voluntary and true. 7. On consideration of the evidence and materials on record the learned Additional Sessions Judge convicted and sentenced the a..Category: Criminal Law | Date: | Hits: 83
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....has been suffering the agony of death sentence for the last 3 years and therefore, ends of justice would be met if the sentence is reduced and commuted to one of imprisonment for life. In view of the facts and circumstances of the case we find substance in the submissions of the learned Advocate for......………Appellant Vs. Rafiqul Islam alias Gadan ....................Condemned Prisoner Judgment November 6, 2002. Cases Referred To- State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 29 DLR (SC) 271; Rustam Ali and others Vs. State, 1989 BLD 477; Md Akbar Ali Vs. State, ...... on 25‑1‑95 and produced before the court on 26‑1‑95. However, he denied to have extracted the confession of Rafiqul by police torture in collusion with the Magistrate. 20. This is all the evidences adduced by the Prosecution. In addition, accused Moksed Ali Fakir made the following confe..Category: Criminal Law | Date: | Hits: 38
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
.... Judge, 2nd Court, Perojpur in Title Appeal No. 126 of 1992 affirming those dated 26.05.1992 passed by the Senior Assistant Judge, Perojpur in Title Suit No.211 of 1984 dismissing the suit. 2. The facts of the case, in short, are that the plaintiff instituted Title Suit No.211 of 1984 in the Cour......lul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Haji Arshad Ali Kari……………………………………...............Petitioner Vs. Asmat Ali Hawlader and others……………………......Respondent Judgment July 30, 2008. Case Referred To......ation has been done in violation of the mandatory provisions of Section 3 of the Arbitration Act; that the finding of the High Court Division as to the points of limitation is perverse in view of the evidences and materials on record and the trial Court as well as the Court of Appeal below after app..Category: Property Law | Date: | Hits: 30
Giyash Uddin Vs. Martuza Bibi and ors., 2010, 39 CLC (AD)
.... judgment dated 29.09.1994 passed by the learned Senior Assistant Judge, Biswanath, Sylhet in Title Suit No.17 of 1992 (heard analogously with Title Suit No.14 of 1992) dismissing the suit. 2. The facts, in short, are that the Title Suit No.14 of 1992 was filed by the predecessor of the opposite ......(Civil) Present: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Giyash Uddin……………………………………………Petitioner (In both cases) Vs. Martuza Bibi and ors………………………………….Respondents (In both cases) Judgment January 2......ed counsel submits that the father of the plaintiff and then the plaintiff has been using the disputed passage from the time immemorial and the same having been proved by P.Ws.1,3,4,5 and 6 and those evidences have been rightly construed and appreciated by the trial court which rightly decreed the s..Category: Property Law | Date: | Hits: 33
....ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ......
Judgment
Syed Fazle Ahmed J.-Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the decision and order dated 28.1.1981 passed by the Respondent No. I in IRO Case No. 52 of 1980 should not be de......ional pay scale, the benefits of which are available to a permanent employee and further that the case is not maintainable as it is barred by estoppel, waiver and acquiescence.
5. Both parties led evidence in the aforesaid IRO Case No. 52 of 1980 and the learned Chairman Of the Labour Court in co..
Category: Labour and Industrial Law | Date: | Hits: 93
Khandaker Abul Bashar Vs. State, 2009, 38 CLC (AD)
....d order dated 20.08.2008, passed by the High Court Division in rejecting an application under Section 561A of the Code of Criminal Procedure, in Criminal Miscellaneous Case No.5880 of 2007. 2. The facts of the case, in brief, are that the Executive Engineer of the Roads and Highways Department, S......1) 79. ...... miscellaneous case for its restoration is pending. 7. On the submission of civil liability, the allegations contained in the complaint petition would be considered by the Sessions Judge on taking evidence. As such, the Rule issued under Section 561A of the Code of Criminal Procedure was rightly ..Category: Criminal Law | Date: | Hits: 43
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....sed by the Senior Assistant Judge, 4th Court, Dhaka in Title Suit No. 62 of 1996 should not be set aside and or pass such other or further orders as to this Court may seem fit and proper. 2. Short facts, necessary, for the disposal of the Rule are that the opposite party as plaintiff filed Title ......horshed Alam & ors .........Opposite Parties Judgment May 13, 2001. Lawyers Involved: Mohammad Nazrul Islam, Advocate—For the Petitioner. Mahmudul Islam with AHA Rahman Chowdhury and Nahid Mahtab, Advocates—For Opposite Party No. 1. Md. Khalilur Rahman, Advocates—For Oppo......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ..Category: Property Law | Date: | Hits: 32
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... of the Civil Revision Petition is plaintiff and opposite parties are defendants in the suit. 3. The Code of Civil Procedure will be hereinafter referred to as the Code in this judgment. 4. The facts of the Civil Revision Petition hinges on the answer is short but substantial question is wheth......(2000) 120....... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120...Category: Property Law | Date: | Hits: 34
....n that case it was held as under:
“But the presence of an alternative remedy does not debar the exercise of jurisdiction by the High Court Division under Article 102 of the Constitution when the facts and circumstances of a particular case are such that the accused person had no reasonable oppo......
High Court Division
(Special Original Jurisdiction)
Present:
MM Ruhul Amin J
Md. Munsurul Hoque J
Salim (Md) …………………….Petitioner
Vs.
Assistant Commissioner of Land and Chairman, Debt Settlement Board and others………….. Respondents
Judgment
Novembe...... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
..
Category: Property Law | Date: | Hits: 24
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....companying a bundh or as forming part of a bundh in the Original Petitions and even if there are certain general allegations, they have been denied in the counter affidavits. But we find that certain facts have been stated in the Original Petition filed by the Chambers of Commerce supported by newsp......sh Elahi……………. Petitioner Vs Government of the People’s Republic of Bangladesh……… Respondents Judgment October 25, 2000. Cases Referred To- Bharat Kumar K Palicha and another vs State of Kerala and others, AIR 1997 (Kerala) 291; AIR 1998 (SC) 1984 and State of Te......I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....ourt Division while rejecting the petitioners' applications considered the judgment and order dated 24th and 25th June, 2009 passed in Writ Petition No. 2503 of 2009 and correctly considered the facts and circumstances of the cases for removal of all structures on the rivers in question and the...... Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J City Sugar Industries Ltd. and others............Petitioners (In Civil Petition No.761 of 2010) Mollah Salt (Triple Refined)......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ..Category: Environmental Law | Date: | Hits: 344
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....ts showing the paid up capital at the post 2001 meeting level for the years 2003, 2004 and 2005; (b) fix afresh a record date for the 20th, 21st and 22nd AGMs of United Commercial Bank Ltd. 2. The facts, in short, are that the appellant in Civil Appeal No.319 of 2008 used to hold 17,410 shares in......an.............................Appellant (In Civil Appeal No. 320 of 2008) Mejor Md. Akbar Hossain.....................Appellant (In Civil Appeal No. 321 of 2008) Vs. A. B. M. Khalequzzaman and others.........Respondents (In all cases). Judgment April 7, 2010. Cases Referred To- ......r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411...Category: Company Law | Date: | Hits: 191
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
.... M No. 6304 from the possession of the defendant company, who allegedly took over the said vessel in violation of the order of ad interim injunction passed by this Court on 2nd April 2002. 2. The facts leading to the filing of this petition are that the plaintiff-petitioner earlier filed the ins......s to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......granted. 24. In this connection, it should be remembered that the merit of the suit has got nothing to do with the matter of granting, an order of mandatory injunction. The depend oil its merit on evidence outcome of the suit will depend on its merit on evidence but an order in the nature of mand..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49....... once. Ed. This Case is also Reported in: 55 DLR (2003) 49....... possession and also for recovery of possession in respect of 3 decimals of land out of said 92 decimals and also prayed for perpetual injunction. 3. Both the suits were tried together, one set of evidence was led by the parties. Both the parties examined equal number of 5 witnesses and adduced n..Category: Property Law | Date: | Hits: 27
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....te parties to show cause as to why a contempt proceeding should not be drawn of conviction and sentence dated 27‑5‑1999 passed by this court in Civil Rule No. 229 (FM) of 1999. 2. The relevant facts may briefly, be stated as follows: That the present petitioner as plaintiff instituted Title S......ourt High Court Division (Civil Appellate Jurisdiction) Present: Syed Amirul Islam J Sikder Maqbul Huq J Momena Begum....................Petitioner Vs. Dhaka City Corporation and others.................Respondents Judgment January 27, 2002. Case Referred To- Baha......he contemner to flout that part of the order. The other part of the order is a direction whereby the contemners were asked to accept rent and electric is bill in usual course. There is not an iota of evidence to show that the petitioner ever tendered any rent for the suit shop after obtaining the or..Category: Property Law | Date: | Hits: 34
Hilly Housing Co-operative Society Ltd. Vs. Akhtaruzzaman Chowdhury and ors., 2001, 30 CLC (HCD)
....nt for sale of a piece of land involving a Co-operative Society and a third party is, therefore, a matter triable by the civil Court and section 86 of Ordinance is no bar against a suit. 7. In the facts of the case, we are of the view that the matters in dispute are exclusively triable by the Civ......sion (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J SK Sinha J Hilly Housing Co-operative Society Ltd……………Applicant Petitioner Vs. Akhtaruzzaman Chowdhury and ors…………Opposite Parties Judgment June 4, 2001. Lawyers Involved: Rokanudd......ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ..Category: Civil Law | Date: | Hits: 70
Bhola Vs. State, 2001, 30 CLC (HCD)
....eased. Abdul Jabbar, Shamsuddin Bhola and Abdul Sobhan of village Kakar Randi Benupara were suspected by the wife of the deceased. Thereafter she lodged the first information report stating the above facts and upon which Sherpur PS Case No. 4 dated 15‑1‑1985 was started under sections 302/34 of ......nt Vs. State……………………………………Respondent Judgment January 15, 2001. Result: The appeal is dismissed Cases Referred To- Ismail Sarker alias Sudan Member and others Vs. The State, 33 DLR 320; Anisur Rahman & others Vs. The State, 6 BLD (AD) 79; Mobar......ap of straw. She found Sobhan to take away the chadar and shoe of the deceased. After lapse of one month Sobhan and the wife of Bhola told that if the wife of Mohammad Ali is killed there would be no evidence. After two months they asked her to call the wife of Mohammad Ali but instead of calling he..Category: Criminal Law | Date: | Hits: 41
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