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Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......judgment and decree dated 3.12.84 passed by a Division Bench of the Chittagong Bench of the High Court Division in First Appeal No.46 of 1977 reversing those dated 11.9.76 passed by the Subordinate Judge, Chittagong in Other Suit No. 83 of 1977. The trial Court decreed the suit. The High Court Div..Category: Property Law | Date: | Hits: 50
Abul Khair Vs. State, 2005, 34 CLC (AD)
....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......on charge sheet was filed on 29.9.1988 against the appellant, Imam Hossain also and 4 others under section 302/114/34 of the Penal Code. In due course the records were sent to the Court of Sessions Judge upon which Sessions Case No.8 of 1989 was registered. Since all the accused were in absconde..Category: Criminal Law | Date: | Hits: 52
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......covery of Khas possession of the land in schedules "Kha" and 'Ga'. 2. The case of the plaintiffs filed in Title Suit No. 213 of 1972 in the 2nd Court of Munsif (now joint Assistant Judge), Bagerhat, in short, is that his predecessor and the predecessor of the defendant No. 1 wer..Category: Property Law | Date: | Hits: 35
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......d documentary before the trial court and on consideration of the materials on record the trial court dismissed the suit. On appeal, being Title Appeal No. 100 of 1980, the learned Additional District Judge, 2nd Court, Kushtia by the judgment and decree dated 25.06.1981 allowed the appeal and set asi..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ...... Single Bench of the High Court Division in Civil Revision No. 898 of 1995 making the Rule absolute upon reversing the judgment and decree of November 24, 1994 of the 2nd Court of Additional District Judge, Dhaka in Title Appeal No.77 of 1993 setting aside the judgment and decree of February 9,1993 ..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......nst the judgment and Order dated 21.7.2004 passed by the High Court Division in Civil Revision No.2347 of 2004 making the rule absolute setting aside those dated 4.7.2004 of the Additional District Judge, Second Court, Dhaka dismissing the Miscellaneous Appeal Nos.335 of 2003 and 299 of 2003 aff..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......Civil Revision No. 2170 of 1998 on 7.12.1998 discharging the Rule thereby affirming the judgment and decree dated 16.11.1997 in Title Appeal No. 25 of 1997 passed by the learned Additional District Judge, 2nd Court, Narayangonj who allowed the appeal in part reversing those passed by the learned ..Category: Property Law | Date: | Hits: 40
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......rder dated 29.5.89 in Criminal Appeal No. 13 of 1989 rejecting the prayer for bail of the six appellants. 2. The said six appellants along with five others were convicted under section 25 of the Special Powers Act, 1974 and sentenced to rigorous imprisonment for three years and a fine of Tk. ......s along with five others were convicted under section 25 of the Special Powers Act, 1974 and sentenced to rigorous imprisonment for three years and a fine of Tk. 1000/- by the Additional Sessions Judge and Special Tribunal, Jessore by judgment and order dated 2.1.89. Separate appeals were filed ..Category: Criminal Law | Date: | Hits: 55
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......give the Bank an option to proceed either under Article 33 or 34 for realising its loan inasmuch as it cannot be the intention of the legislature that some claims will be investigated by the District Judge and in respect of some claims the Bank can avoid investigation which would be violative of A..Category: Banking Law | Date: | Hits: 117
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......e State...........................……....Respondent Judgment July 19, 1990. Result: The appeal is allowed. The Criminal Procedure Code, 1898 (V of 1898), sections 1(2), 339C The Special Powers Act, 1974 (Act XIV of 1974), section 29 Section 339C of the Code is intended for e......ial before it. 8. Like the Special Powers Act, the Criminal Law Amendment Act, 1958 is a special statute. It provides for speedy trial of certain corruption cases by a court designated as "Special Judge". Sec. 6 thereof provides that the provisions of the Code of Criminal Procedure shall, insofar..Category: Criminal Law | Date: | Hits: 58
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ....... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......n. There is no word of finality attached to the decision of the election tribunal in the rules. Even if there was any, jurisdiction of the High Court Division under article 102, could not be limited. Judgement of the High Court Division with that it had no jurisdiction is set-aside. Writ petition wa..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......assed against the appellant but reducing the sentence of death to transportation for life. 4. The appellant along with two others was put on trial in the First Court of the Additional Sessions Judge, Khulna in Sessions Case No.283 of 1981 for the alleged murder of one Sakhawat Hossain @ Saku ..Category: Criminal Law | Date: | Hits: 44
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
.... learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ...... learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......01 filed a complaint case against him and others on the allegations that he and others created an affidavit being No.1 dated 28.6.1999 and submitted the same in the Court of 6th Court of Assistant Judge, Dhaka in connection with Title Suit No. 171 of 1999 which during trial was marked as Exhibit..Category: Criminal Law | Date: | Hits: 39
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......e for return of the plaint to the respondent No.1 for filing the same to proper court. The respondent No.1 opposed the above application by filing written objection. The learned Joint District Judge, after hearing, rejected the above application holding that the respondent No.1 was est..Category: Banking Law | Date: | Hits: 101
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......gle Bench of the High Court Division in Civil Revision No.2824 of 1997 making absolute the Rule obtained against the judgment and decree dated March 27, 1997 of the 5th Court of Additional District Judge, Rajshahi in Title Appeal No.81 of 1997 allowing the same upon reversing the judgment and de..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......o appeal against the judgment and order dated 11.08.2002 passed in Civil Revision No. 1670 of 1995 making the rule absolute setting aside the judgment and decree dated 26.2.1995 of the Subordinate Judge, First Court, Cox's Bazar in Other Appeal No. 62 of 1991 reversing those dated 28.4.1991..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ...... injunction declaration, reinstatement and LPR benefits affirmed. 2. The plaintiff-respondent instituted Other Class Suit No. 66 of 1992 in the 1st Commercial Court of Subordinate Judge, Chittagong for recovery of money, declaration of right of pension and mandatory injunction f..Category: Employment/Service Law | Date: | Hits: 136
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......other omitted the name of the Respondent No.1 from the share-registrar. The Respondent No.6, Agrani Bank in their written statement filed in Title Suit No. 87 of 2002 of the Court of Joint District Judge, 5th Court, Dhaka admitted the fact of allotment of 1,24,000 shares and that the share certifi..Category: Business or Commercial Law | Date: | Hits: 109
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ......xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ......sp; Leave was granted to consider the submission that having regard to the fact the local investigation was actually carried out and report thereto was submitted and as such the learned Single Judge of the High Court Division erred in law in not extending time under section 148 of the Code ..Category: Property Law | Date: | Hits: 31
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