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Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....virtually did not pass any order regarding title of either party. As the judgment is unanimous so it cannot be challenged in the ordinary Court. So, the instant suit is not maintainable. I am in full agreement of the aforesaid views of the trial Court. 19. The Court of appeal below completely mis......arim J Mohammadullah………...Petitioner Vs. Abu Taher and others…………..Opposite Parties Judgment March 9th, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 77. Lawyer......ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ..Category: Civil Law | Date: | Hits: 48
....red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J.
I agree with the reasoning and findings given by Syed Mahmud Hossain, J.
Ed.
This Case is also Reported in:
......sp;Lawyers’ Association (BELA)………Appellant (In Civil Appeal No.253 of 2009)
Anser Uddin Ahmed and others…………………Appellant (In Civil Appeal No.254 of 2009)
Managing Director, Metro Makers and Developers Limited………………..Appellant (In Civil Appeal No.255 of 200......of the zone with an object to implementan unauthorized non-permitted satellite township under the name “Modhumati Model Town”(MMT) and also started through regular media advertisement offering to sell housing plots in the said projects. RAJUK did not prevent the said development project of the M..
Category: Environmental Law | Date: | Hits: 434
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
....d to pay an amount of Tk. 50,000/- and it was promised that the remaining Tk. 1,00,000/- shall be paid back within the month of December, 2001, and the extra amount, of TK. 50,000/-, according to the agreement shall be paid in January, 2002. But the accused No.1 did not pay the amount within the sti......ent August, 19, 2009. Result: The Rule is made absolute in part. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the petitioner. SK. A.K.M. Moniruzzaman Kabir, Assistant Attorney-General - For the opposite party. Criminal Miscellaneous Case No.15321 Of 2005. Judgme...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ..Category: Criminal Law | Date: | Hits: 62
....clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......eople’s Republic of Bangladesh and others ................Respondents (In both the writ petitions)
Judgment
November 5, 2012.
Result:
Both the Rules are made absolute.
Cases Referred to-
14 MLR (AD) 401, para-8; 11MLR (HC) 256.
Lawyers Involved:
Mrs. Nahid Yesmin, Advocate-......Chandra Saha, Harish Chandra Saha, Balaram Saha and Khetra Mohan Saha in four equal shares. The petitioners are their descendants and successors-in-interest. Their predecessors or any of them did not sell any land to any other person. As the D. P. khatians were wrongly prepared including their land ..
Category: Property Law | Date: | Hits: 65
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
....such, he cannot be said to be a worker. But the classification of officers and other employees as given in schedule I of the Sonali Bank Employees Service Regulations, 1981 is nothing but an internal agreement made by the Bank for staff management for the purpose of their internal administration onl......ther………………Petitioner Vs. Chandon Kumar Nandi………………Opposite Party Judgment May 12, 1994. Result: The Rule is made absolute. Civil Court had no jurisdiction to entertain the suit of a 'worker' as defined in the Employment of Labour (Standing Orders) Act, 19...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ..Category: Labour and Industrial Law | Date: | Hits: 137
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....iled by the Manger of the Bank that there was any deception, on the part of the accused petitioner dishonestly or fraudulently inducing the bank to sanction the loan in question to the petitioner. An agreement for loan is unlike any other agreement. In the case of a bank loan, it obtains all particu......….Opposite party Judgment May 24, 2010. Result: The rule is made absolute. Lawyers Involved: Md. Mahbub Ali, Advocate - For the petitioner. K.M. Masud Rumy, Assistant Attorney-General with Mrs. Yeasmin Begum Bithi, Assistant Attorney-General - For the opposite party. &......rani Bank, Bogra and the Bank authority granted loan to the tune of Tk. 6,00,000/- (Six) lacs as cash credit (Hypo) and Tk. 50,00,000/-(fifty lacs) as cash credit (pledge) for running his business of selling and purchasing fertilizer; that the accused kept those goods in different pledged godowns; t..Category: Criminal Law | Date: | Hits: 97
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ny the statements of the notice or any part thereof and took defense that one Salam Master had obtained the letter of demand for overseas employment on his (petitioner’s) behalf and entered into an agreement with him. Annex-3 to the affidavit-in-opposition is a fax message sent by the Second Secre......………………………......Petitioner Vs. Bangladesh and others……………………....Respondents Judgment July 15, 2012. Result: The Rule is discharged. Case Referred to- Government of Bangladesh and others Vs. Md. Tajul Islam, 49 DLR (AD) 175. Lawyers Involved...... with the case we record our anxiety over the news items often appearing in various news papers that many of the unemployed youths are being cheated by some recruiting agents, who are usually paid by selling the victims’ ultimate means of survival. In these days of serious deterioration of moralit..Category: Constitutional Law | Date: | Hits: 407
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....dence on record committed error in allowing the appeal dismissing the suit. The learned Advocate further submitted that though the plaintiff examined 6 P.Ws. including the plaintiff in support of his agreement for sale of the suit land, payment of consideration and taking of delivery of possession i......Md. Rakibul Islam and others………………………………………Petitioner Vs. Anwar Hossain and another………………………………………Opposite Parties Judgment October 12, 2009. Result: The rule is discharged. Lawyers Involved: A.Q.M. Fazlul Haque - ...... District Shariatpur against defendants Anwar Hossain Gazi, Shahanara Begum and Government of the People's Republic of Bangladesh as defendant Nos. 1, 2 and 3 for specific performance of contract for selling 1.95 acres of land for a consideration of Tk. 15,000/-, stating, inter alia, that the suit l..Category: Property Law | Date: | Hits: 103
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
....fs claim or the claims of a number of plaintiffs, provided that the claim or claims are proved to the satisfaction of the Court. This is the essence of the procedure in rem. The fact that bail or, by agreement of parties, other security may be given to prevent or to secure release from arrest, and t........................Plaintiff Vs. MV Yue Yang and others………………………..Defendants Judgment July 30, 1996. Result: The applications are rejected. If the Managing Director of the company has no power under the Articles of Association to file a suit on behalf of the co......rrest, and that the plaintiffs claim may be satisfied by the owner of the res or insurers or third parties without its being necessary to call on the sureties to the bail bond or other security or to sell the res, are no more than development of the process." 34. In an action in rem under Admiral..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....d that the alleged amount of Taka 16,000.00 which is said to have been deposited with a lawyer has been paid to the plaintiff or she herself received the same. There is nothing also as to solenama or agreement as it can be called the result of the salish. While plaintiff testified in the trial Court......High Court Division (Civil Revisional jurisdiction) Present: Abu Sayeed Ahammed J Shahinur Begum……………………………………Petitioner Vs. Md. Minarul Islam Mondol @ Miton……………………………………………Opposite Party Judgment June 9, 1997. ......reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ..Category: Family Law | Date: | Hits: 122
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
....wear visible identification card showing their full name and designation. He also suggested that the placing of help desks at different parts of the airport would assist travellers. We are fully in agreement with Mr. Murshid that such proposals, when in place, would prevent or at least reduce the ...... April 28, 2009. Result: The Rule is disposed of. Suo Motu Rule No.03 of 2008. Judgment Md. Imman Ali J.- On 20-4-2008 Manzill Murshid, learned Advocate of the Supreme Court, brought to our notice a news item published in the Financial Express on Saturday, 19-4-2008 wherein it was r......e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ..Category: Others | Date: | Hits: 87
Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....(Exht. B). In view of such facts both the Courts below came to a definite findings that the alleged kabuliyat No.2968 (exhibit-3) was forged. On appraisal of the materials on record I am also in full agreement with the aforesaid views. 24. It is evident from the evidence on record that die plaint...................Petitioner Vs. Government of Bangladesh and others.......................Opposite Parties Judgment January 27, 2009. Result: The Rule is discharged. Cases Referred to- Amirunnessa Vs. Abdul Mannan Howlader, 17 BLD 251 = 1 BLC 183; Hriday Ranjan Dey Vs. Niranjan....... Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ..Category: Property Law | Date: | Hits: 76
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ...... Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898); section 342 An examination of an accused under Section 342 of the Code is not an idle formality. It has to be carried out carefully in the interest of justice and fair play to the accused and his examinat...... on record. 8. The informant as P.W.1 in examination-in-chief stated that he along with his brother Humayun Kabir, Abul Kashem, Abul Kalam and maternal cousin Ziaur Rahman went to Solakia Bazar to sell an ox. The ox was sold at a price of Tk.14,700/- and he brought Tk.2,300/-with him from his hou..Category: Criminal Law | Date: | Hits: 83
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
.... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......ner, for instance by an act of cheating, by coercion or by any other unlawful means. Therefore, the expression 'in any manner' occurring in section 405 of the Penal Code is wide enough, in its ambit, to bring a case of securing entrustment or dominion over the property of other person by an act of c......ount on which the cheque was drawn. In this way the accused Nos.1-4 in connivance with each other has misappropriated Tk. 18,89,910/- in the name of purchasing tobacco by deceiving the complainant to sell the said Virginia tobacco. The accuseds thereby has committed offence under the aforesaid secti..Category: Criminal Law | Date: | Hits: 116
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....llah under section 138 of the Negotiable Instrument Act, stating the facts, inter alia, that he and the accused entered into a partnership deed for business on 24.02.2000 and subsequently executed an agreement on 18.05.2000; that in the course of business there was a difference of opinion regarding ......…Petitioner Vs. The State and another………………………………………Opposite Parties Judgment January 27, 2009. Result: The rule is discharged. Case Referred to- Nur Hossain (Md) Vs. State, 7 BLC 241. Lawyers Involved: Md. Aminul Islam - For the Pet......nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ..Category: Criminal Law | Date: | Hits: 107
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
.... in 1984 BLD (AD) page 29 wherein their lordships of the Appellate Division held as follows:- "that jurisdiction of Court is created by statutes and that it can neither be conferred nor taken away by agreement or consent of parties to a litigation or of their lawyers". The learned Advocate for the p...... Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ......ntained. The order of injunction at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ..Category: Civil Law | Date: | Hits: 114
.... suit is barred by limitation. The learned Advocate further submitted that the defendants No.1 and 2 having not filed any written statement and having not deposed in the case challenging the disputed agreement the defendant opposite party (defendant No.5) only having contested the suit claiming that...... Opposite Parties.
Civil Revision No.4849 of 1998.
Judgment
Faruque Ahmed J.- This rule at the instance of the plaintiff petitioners was issued calling upon the opposite parties No.1-2 to show cause as to why the impugned judgment and decree dated 28.06.1998 and 02.07.1998 passed by t......e of expiry of the period of agreement. It appears under Article 113 of the Limitation Act the period of limitation is 3 years after expiry of the stipulated period or from the date of refusal by the seller/executants of the deed of agreement. In the present case it appears, the suit has been filed ..
Category: Civil Law | Date: | Hits: 103
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
.... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ......acts relevant for disposal of this rule, in shor1 are that the respondent No.1 Sonali Bank, Bhola Branch filed Artha Rin Suit No.5 of 1998 against the petitioners for recovery of loan money amounting to Tk. 1,02,69,058/41. That suit was decreed exparte by the judgment and order dated 13.11.2000. The...... Section 33 of the Artha Rin Adalat Ain, 2003 were not complied with. 4. Mr. Asad Hossain Chowdhury, the learned advocate appearing for the respondent No.1 has submitted that attempts were made to sell the mortgaged property in auction and since those attempts could not be successful for non-comi..Category: Civil Law | Date: | Hits: 69
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....earned Single Judge heard Civil Revision Case and by Judgment dated May 31, 1984 discharged the Rule springing out of Civil Revision Petition. High Court Division in discharging the Rule came in full agreement with decisions recorded by learned Appellate Judge. m. Termination of Civil Revision Ca......……………………………Opposite Party Judgment April 19, 2007. Result: The Rule is made absolute. Doctrine of res judicata Doctrine of res judicata has received a statutory sanction in The Code as a matter of prudence and to give due weightage to a finding or decision......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ..Category: Property Law | Date: | Hits: 69
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....hing which has not been done before, we shall never get anywhere. The law will stand still while the rest of the world goes on, and that will be bad for both.” 154. The Appellate Division was in agreement with Denning L. J. in the Fifth Amendment Case; “Accordingly, we are also of the view th......dents (In all the Writ Petitions) Judgment March 22, 2011. Result: All the Rules that sprang from Writ Petitions no7236/10, 826/11, 1048/11 and 1059/11 are made absolute Cases Referred to- ITO Vs. M/S Seth Brothers(AIR 1970 SC 292); Smt. Guwant Kaur and others Vs. Municipal Committ......া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 154
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