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Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....te delay in the absence of an application under section 5 of the Limitation Act. He finally submits that both the Courts below committed serious error of law in their decisions occasioning failure of justice in allowing the review. In support of his submissions, he also cited the decisions reported ......the sides, the learned Munsif by his order dated 22-08-92 found the order for return of the plaint based on total misconception of law regarding the right of the plaintiff to sue in a Civil Court and accordingly, allowed the application for review and vacated the order for return of the plaint dated......on) Present: Md. Abdur Rashid J Sonali Bank and others…………..Petitioners Vs. Md. Jalaluddin and another………….Opposite Parties Judgment October 19, 2000. Cases Referred To- 43 DLR 395, 44 DLR (AD) 260; 48 DLR 330; Malik and ......eview of the said order for return of the plaintiff. On hearing both the sides, the learned Munsif by his order dated 22-08-92 found the order for return of the plaint based on total misconception of law regarding the right of the plaintiff to sue in a Civil Court and accordingly, allowed the applic..Category: Administrative Law | Date: | Hits: 165
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....urt with extraordinary power of being the complainant, the prosecution and the judge. The purpose in wielding the Court with such power is to maintain and uphold the dignity and prestige of Courts of justice. The reason is, in the words of ID Dua, J in the Case Captain Gurbakhsh Singh Vs. State, AIR......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ...... Case Referred To- Captain Gurbakhsh Singh Vs. State, AIR 1960 (Punjab). Lawyers Involved: Dr. Rafiqur Rahman, Advocate — For the Petitioner. Nikhilesh Dutta, Deputy Attorney-General with Md. Mostafa, Assistant Attorney-General-For the State. Criminal Miscellan....... 15. Let us now turn our eyes to the procedure adopted by the learned Magistrate in proceeding with a Case under section 228 of the Penal Code. 16. It is now an acceptable principle of law that when an offence under section 228 of the Penal Code is committed in respect of a public ser..Category: Criminal Law | Date: | Hits: 29
....he building and the costs for demolition would be recovered from him as a occupier of the house; that on receipt of the said impugned order the petitioner by Annexure-I served a telegraphic demand of justice on 27-12-1999 but no reply was received and thereby the tenant petitioners being aggrieved b......and there is no question of any oral agreement on 1-9-1999 for extension of lease for a further period of 3(three) years from the date. The respondent No. 4 requires the house for his own purpose and accordingly, he served notice on 15-4-1999 to vacate the suit premises (vide Annexure-4 of the affid......Syed JR Mudassir Hussain J.- Petitioner No.1 Meridian International Limited Company and petitioner No. 2 the former tenants of the respondent No. 4 obtained the Rule Nisi calling upon the respondents to show cause as to why the impugned order dated 22-11-1999 (Annexure-E) issued under the signature ......ause as to why the impugned order dated 22-11-1999 (Annexure-E) issued under the signature of the respondent No. 2 the Authorised Officer of RAJUK should not be declared to have been made without any lawful authority and is of no legal effect or such other or further order or orders passed as to thi..
Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
....provisions of Order 7 rule 11 of the Code of Civil Procedure, considering the facts and circumstances of the Case, the Court can exercise its inherent power in order to settle the dispute for ends of justice. Nurul Huq further submits that in the earlier suit the trial Court held that not only the p......In view of the circumstances stated above Nurul Huq, the learned Advocate appearing for defendant-petitioners submits that in the instant suit no fresh cause of action has arisen. The cause of action according to the defendants which arose in the earlier suit had already been settled by passing a de......nd SK Md Morshed, Advocates—For the Opposite Parties. Civil Revision No. 2757 of 1999. Judgment Mozammel Hoque J.- This Rule was issued calling upon the opposite parties No. 1 to 40 to show cause as to why the order No. 12 dated 27-7-1999 rejecting an application for rejectio......re the trial Court the defendants filed an application under Order 7 rule 11 read with order 17 Rule 2 of the Code of Civil Procedure for rejection of the plaint or in the alternative for hearing the law point first. The learned Subordinate Judge by the impugned order dated 27-7-1999 rejected the af..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
....int made by the Court concerned. The purpose for which the restriction was imposed is that, that Court which is in better position to form an opinion on materials before it whether in the interest of justice, it is necessary to make a complaint against the person or persons who have committed the of...... proceeding under section 476 of the Code of Criminal Procedure, that the Assistant Commissioner (Land) refused to make any complaint and directed the complainant to file Case against the accused and accordingly, complaint was made. 3. The learned Magistrate examined the complainant on 31-12-94 a......4 DLR 533; Noor Ahmed Vs. Fariduddin Ahmed and others, BCR 1987 (AD) 152; Idris Ali and another Vs. State 38 DLR 270 M Lutfullah Vs. Bibi Badrunnessa 20 DLR 1019, Nirman Singh Vs. Thakur-III Rudra Protop Narain Singh, AIR 1926 PC 100, Malik Fatch Khan Vs. Nazibullah Khan 9 DLR, WP (Lahore) 40; Than ...... of Criminal Procedure, shortly the Code. In the Code there is no definition of “Revenue Court” has been given. Since there is no definition of the Revenue Court in the Code, let us examine other laws as to the meaning of the term ‘Revenue Court. In the Tenancy i.e. The State Acquisition and T..Category: Criminal Law | Date: | Hits: 59
....
Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services.
Ed.
This Case is also Reported in: 53 DLR (2001) 1.
......conferred by Article 21 is wide and far reaching. It does not mean merely that life cannot be extinguished or taken away as, for example, by the imposition and execution of the death sentence, except according to procedure established by law. That is but one aspect of the right to life. An equally i......986 (SC) 180; BLAST Vs. Bangladesh 4 BLC 600. (11).
Lawyers Involved:
Nazmul Huda with Sigma Huda and SAM Nasimul Hoque, Advocates — For the Petitioners.
Obaidur Rahinan Mostafa, Deputy Attorney- General with Mushfiqur Rahman Khan, Assistant Attorney-General — For the Respondents.
W......nt in Vagrant Centre should not be declared illegal directing that the sex-workers in custody be brought before the Court so that it may satisfy itself that they are not being held in custody without lawful authority or in an unlawful manner.
2. The petitioners are the Bangladesh Society for the ..
Category: Constitutional Law | Date: | Hits: 264
State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)
....ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ...... death the High Court Division committed no illegality in rejecting the death reference and setting aside the judgment of conviction and sentence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR .......................Petitioner Vs. Md. Sadequl Islam Tusar and others .................Respondents Judgment April 6, 2009. Lawyers Involved: M.K. Rahman, Additional Attorney General instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Sheikh Atiar ......wry of Tk.30,00,000/- and they (accused) used to telephone Rashida Bewa (mother of the deceased) Jamilur Rahman Khan Kabir, (brother of the deceased), Advocate Ashraful Islam Dulu (P.W.6) (brother-in-law of the deceased) and professor Farida Yasmin (P.w.2) (sister of the deceased) and asked them to ..Category: Criminal Law | Date: | Hits: 43
Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
....ss of the Conciliation Committee and as such, the judgment and order dated 078.08.2008 making the Rule absolute and imposing cost on the writ-respondent No.8 is liable to be set aside for the ends of justice. 6. It appears from the record that writ-respondent No.5, Military Estate Officer alr......ompetent Court of law and as such, the impugned letter dated 06.06.2006 issued by the writ respondent No.6 directing the writ-petitioner to vacate the case flat was issued with lawful authority; that according to Annexure-2(b) of the affidavit-in-opposition filed by the writ-respondent No.8 he is th...... Abul Kalam Mainuddin, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-9. Civil Petitioner for Leave to Appeal No. 888 of 2008. (From the judgment and order dated the 6th day of August, 2008 pas......of the family life failed and they were requested to settle their disputes in the family Court. He also asked to settle their dispute over the flat in Court. He, however, requested them to maintain law and order in Mohakhali DOHS area and take care to see that no unpleasant occurrence should tak..Category: Property Law | Date: | Hits: 26
Md. Ismail alias Haji Md. Ismail Vs. State and another, 2010, 39 CLC (AD)
....therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ......therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ......-For the Petitioner A.B.M. Hasan, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.2. Not represented-Respondent No. 1. Criminal Petition for Leave to Appeal No. 291 of 2009. (From the judgment and order dated 19.07.2009 passed by Appellate ......for the petitioner and perused the connected papers as well as the impugned judgment. We are of the view that the High Court Division upon consideration of the complaint and also on appreciation of law arrived at a correct decision. There is, therefore, no cogent reason to interfere with the judgm..Category: Criminal Law | Date: | Hits: 34
Azam Reza Vs. State, 2010, 39 CLC (AD)
....on on the head of the deceased which resulted her instantaneous death. The accused has three minor children and an invalid first wife. In view of these facts and circumstances we are of the view that justice will be met if the sentence of death awarded to the accused is commuted to imprisonment fo......injustice has been committed by the High Court Division in commuting the sentence. In view of the discussions as above we find nothing to interfere with the judgment of the High Court Division and accordingly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (20...... Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on- Record-For the Petitioner (In Criminal Petition No.17 of 2009) A.S.M. Abdul Mobin, Deputy Attorney General (Mrs. Mahfuza Begum, Assistant Attorney General with him) instructed by A. S. M. Khal......ons as above we find nothing to interfere with the judgment of the High Court Division and accordingly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ..Category: Criminal Law | Date: | Hits: 100
Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)
....tim which are found to be simple in nature, we are of the view that the conviction under Section-307/34 be upheld but the sentence of life imprisonment be reduced to 10(ten) years to meet the ends of justice, on modification of the sentence awarded and therefore the conviction and the sentence und......of the Penal Code is not permissible in law in as much as the offence committed must come either under Section 326 or under Section 307 and can not be tried under both the sections simultaneously and accordingly separate conviction and sentence is not warranted by law for such offence but such fact ...... August 11, 2009. Lawyers Involved: Kh. Mahbub Hossain, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. AKM Zahirul Huq, Additional Attorney General, instructed by Ibrahim Khalil, Advocate-on-Record-For the Respondent. Criminal...... Division, taking us through judgment submitted that for causing injury to the same victim and by the same person, conviction both under Sections 326 and 307 of the Penal Code is not permissible in law in as much as the offence committed must come either under Section 326 or under Section 307 and ..Category: Criminal Law | Date: | Hits: 45
Md. Farid Khan Vs. Md. Delower Hossain and others, 2010, 39 CLC (AD)
....rity of Tk.1000/- is to be deposited within 1 (one) month. Preparation of the paper-book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 425. ......rity of Tk.1000/- is to be deposited within 1 (one) month. Preparation of the paper-book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 425. ......e Petitioners. A.A. Chowdhury, Advocate, instructed by Haridas Paul, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos.1 and 3-4. Civil Petition for Leave to Appeal No. 286 of 2009. (From the judgment and order dated 17.12.2008 passed by the High C......py of the Deed of Heba-bil-Ewaz dated 03.04.1978, produced on behalf of the defendants and was exhibited but these exhibited documents were not considered by the High Court Division, rather, erred in law in deciding the matter only on oral evidence, which, he submits, requires to be examined by this..Category: Property Law | Date: | Hits: 23
Warn-Me Wollen Mills Ltd. Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ......cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ...... March 21, 2010. Lawyers Involved: Md. Rokonuddin Mahmud, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Murad Reza, Additional Attorney General, instructed by A. S. M. Khalequzzaman, Advocate-on-Record-For Respondent No.1. ......, the petitioner filed this petition for leave to appeal. 5. Mr. Md. Rokonuddin Mahmud, Senior Advocate, appearing on behalf of the petitioners, submits that the High Court Division erred in law in holding the agreement for lease as an ordinary commercial agreement between the two parties..Category: Civil Law | Date: | Hits: 90
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....low. Considering the facts and circumstances of the matter, we find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......ment of the High Court Division in not interfering with the judgment of the court of appeal below. Considering the facts and circumstances of the matter, we find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ...... Judgment February 15, 2010. Lawyers Involved: Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 209 of 2009. (From the judgment and order dated 18.5.2008 passed by the High Co......ay, 2008 discharged the rule and affirmed those of the court of appeal below. 5. It is contended on behalf of the petitioner that the learned Single Judge of the High Court Division erred in law in maintaining the decree for specific performance in failing to consider that the transacti..Category: Property Law | Date: | Hits: 17
Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise, 2010, 39 CLC (AD)
....nd order dated 26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ......tioned in the contract in terms of the Airway bill. The High Court Division calculated the compensation at U.S. $ 43,89.75 which comes to Tk. 21,19,971.60 at the relevant time and decreed the suit accordingly. 5. Mr. Akther Imam, Senior Advocate, appears on behalf of the petitioners while ......tin J ABM Khairul Haque J Surendra Kumar Sinha J Biman Bangladesh Airlines and others………....Petitioners Vs. Al Rojoni Enterprise, represented by its Proprietor Wahid Ullah Chowdhury……..Respondent Order January 6, 2010. Lawyers Invo......e, complained about the loss of his goods. But the respondent filed its suit on 24.05.2001, much beyond the period of limitation of two years. He further submits that the High Court Division erred in law in concluding that the rate of U.S. $ 20/- per Kg. as stipulated in the Airway bill would vary w..Category: Civil Law | Date: | Hits: 85
Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)
....ch circumstances, the contentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ......ch circumstances, the contentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ...... Petitioner. Subrata Chowdhury, Advocate, instructed by A. K. M. Shahirul Huq, Advocate-on-Record-For Respondent Nos.1 and 2. Not represented- Respondent Nos. 3-9. Civil Petition for Leave to Appeal No. 1422 of 2009. (From the judgment and order dated 24.02.2008 passed by the High Cour...... the admitted owner of the properties described in schedule-I to the plaint was Nolini. He out of fear of Mohajan transferred his property in favour of Moni Bala Dey, his relative and the sister-in-law of Jogendra by a registered kabala dated 19.03.1947 but as a matter of fact it was a mere sham..Category: Limitation Law | Date: | Hits: 181
.... and order of the High Court Division and other papers on record.
13. It appears that the High Court Division granted the respondent No. 1 2(two) weeks time to submit written statement for ends of justice. The order of the High Court Division has not caused any prejudice to the petitioner and the......e no bearing upon the ultimate decision in the election petition.
With this observation this petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 404.
......r the Petitioner.
AJ Mohammad Ali, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1.
Not represented-Respondent Nos. 2-10.
Civil Petition for Leave to Appeal No.1190 of 2009.
(From order dated 16.04.2009 passed by the High Court Division in Elec......er, Tangail by the Accounts Officer, Telephone Revenue, BTCL, Mymensingh vide his office letter No.T-RJIVIM/Nirbachan/08 dated 02.12.2008. But the Returning Officer did not take any action as per the law.
8. The petitioner (i.e. respondent No.1 in the election Petition) contested the said case by..
Category: Election Law | Date: | Hits: 116
Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)
.... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ...... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ......itioner. M. A. Samad, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on record-For the Respondent No. 1. Not represented-For respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 1442 of 2008. (From the Judgment and Order dated 21st May, 2008 passed by the H......7 in favour of the respondent No.1; and the respondent No.2 executed deed No. 5251 in favour of respondent No.6; the respondent No.4 created deed No. 4786 in favour of respondent No.7, the brother-in-law of the respondent No.1; the respondent No.1 also created deeds No.5460 and 5502 for the same lan..Category: Property Law | Date: | Hits: 33
Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)
....the rules. The operation of the impugned judgment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ......ssor took settlement of the said lands from the said landlords by several amalnamas and they were recognized as Korfa tenants under khatian Nos. 22-31 of the landlords khatian No.21. The lands were accordingly recorded in the C.S. khatian in the names of the plaintiffs-predecessors and they exerci......d, Advocate-on-Record- For the Petitioner. Mazibur Rahman, Advocate-on Record-For respondent Nos. 1 & 2. Not represented- For respondent Nos. 3-57. Civil Petition for Leave to Appeal No.2011 of 2009. (From the Judgment and Decree dated 16th August, 2009 passed by th......and restored the judgment and order of the trial Court. 5. Mr. Mahbubey Alam, learned counsel appearing for the petitioners contended that the learned Judge of the High Court Division erred in law in interfering with the judgment and decree of the Court of appeal below without reversing the f..Category: Property Law | Date: | Hits: 25
Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)
.... in accordance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ...... in accordance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ......dvocate-on-Record-For the Petitioner. Mazibur Rahaman, Advocate-on-Record-For Respondents Nos. 1-4 and 7. Not represented- Respondent Nos. 5, 6 and 8-23. Civil Petition for Leave to Appeal No. 1431 of 2009. (From the judgment and order dated 11.05.09 passed by the High Co......d Advocates for both the parties and perused the impugned judgment and all other evidence on record. The learned Advocate for the petitioner submits that the High Court Division committed an error of law in disturbing the findings of facts arrived at by both the Courts below and on misreading of the..Category: Property Law | Date: | Hits: 43
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