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Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
.... Writ Petition No. 4339 of 2002. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why sections 6 and 7 of the Artha Rin Adalat Ain, 1990 insofar as they provide for payment of 50% of the decretal amount when it was sought by the defendant ...... that due service of summons upon the defendant was not effected before the decree was passed or that the defendant was prevented by sufficient cause from appearing before the Court when the suit was called on for hearing. If either of these conditions is satisfied the Court is bound to set aside th...... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ...... Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Mir Hashmat Ali J Abdul Gaffar Chowdhury............... Petitioner Vs. Joint District Judge and Artha Rin Adalat & others..........Respondents Judgment June 14, 2004. Results: ..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)
.... The Land Acquisition Act, 1894 (I of 1894), Sections 3(a), 23 & 24 In assessing compensation for acquired land compensation is to be assessed not only for land simplicitar but also for benefits arising out of the land, things attached to the land and permanently fastened to an......objection of the State on the above point upon a misconception of law and misinterpretation of the word 'land' as occurring, in the aforesaid sections and further wrongly relying upon what has been called, "the rule of beneficial construction". 4. From the materials on reco......rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......uhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Government of Bangladesh, represented by Deputy Commissioner…….Appellant Vs. Anwara Huq and ors .........................Respondents Judgment May 25, 2004. ..Category: Property Law | Date: 25 May, 2004 | Hits: 121
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....ia as a result of strangulation which was ante-mortem and homicidal in nature. 5. Prosecution case programmed in First Information Report and unfolded during trial was that discord in respect of some family affairs between wife Hasi Begum and husband Md. Delwar Hossain Faraji commenced and that......lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ...... as informant. 3. Husband Md. Delwar Hossain Faraji decamped immediately after commission of crime and had chosen to be an absconder and remained fugitive from law and justice till conclusion of trial and he was tried in absentia. 4. Autopsy on the cadaver of deceased Hasi Begum by Dr. SM ......Lawyer- For the Convict. Death Reference No.39 of 2001. Judgment AK Badrul Huq J.-This criminal proceeding by way of Death Reference is another epitome of doing to death of wife by husband where wife Hasi Begum became victim at the altar of lewdness of her husband Md. Delwar Hossain F..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....tion for leave to appeal is directed against the judgment and order dated 7‑8‑2002 passed by a Single Bench of the High Court Division in Civil Revision No. 4619 of 1997 making the Rule absolute. 2. The facts, leading to this petition, are that the leave‑petitioner as ......ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... The Code of Civil Procedure, 1908 (V of 1908) Section 115 The High Court Division committed no error of law in confirming judgement and decree of the trial court at the same time setting aside the judgement and decree passed by the appellate court a......azlul Karim J MA Aziz J Amirul Kabir Chowdhury J Sultan Miah (Md)…………………....Petitioner Vs. Kazi Abu Siddique and others .............Respondents Judgment May 8, 2004. ..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
.... Ruhul Amin J.- This appeal, by leave, is against the judgment and order dated December 9, 1996 of a Division Bench of the High Court Division in Civil Revision No. 3244 of 1995 making, the Rule absolute upon setting aside the order dated May 9. 1995 of the Court of 1st Subordinate Judge (now J......allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ......f action for filing, the instant suit, that suit has been filed without impleading the people of the locality and the Government and, as such, the same is not maintainable. 4. The trial Court rejected the said application for rejection of the plaint. Thereupon the respondents mo...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Sunder Ali being dead his heirs Abdul Hannan and others .........Appellants Vs. Md. Serajul Islam Sarker & others...............Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....d order dated February 20, 1990 of the 1st Court of Subordinate Judge (now Joint District Judge), Chittagong, in Miscellaneous Case No.314 of 1988 allowing the same, respectively. 2. Pre-emption was sought under Section 96 of the State Acquisition and Tenancy Act in respect of 38 1/2 decimals ......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......wned by the pre-emptor, that the land sought to be preÂempted being non-agricultural land claim of pre-emption on the claim of being contiguous land owner is not available to the pre-emptor. 7. The trial Court by separate judgment of the same date allowed the Miscellaneous Cases upon holding that ......l Amin J M.M. Ruhul Amin J Md. Tafazzal Islam J Rokeya Begum………………………..Appellant (In both the Appeals) Vs Md. Nurul Absar and others………….................Respondents (In C.A.No.84 of 1999) Md. Nurul Alam and other..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
....less protected by the Court in the meanwhile the respondents would undergo irreparable and irremediable loss of possession of the mining leases involving a huge waste of labour, machinery and other resources of equipment of immense value hardly capable of being remedied by payments of money as compe......o Rule was issued and the High Court Division thought it just and fair to dispose of the writ application with direction staying the impugned order pending disposal of the said appeal, which has been called in question before this Court. 4. Mr. Fida M Kamal, the learned Additional Attorneyâ...... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... is also Reported in: ..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
.....- This petition for leave to appeal is directed against the judgment and order dated February 9, 2003 of a Single Bench of the High Court Division in Civil Revision No. 934 of 2001 making the Rule absolute and thereby decreeing the S.C.C. Suit No. 7 of 1993 of the Court of Senior Assistant Judge an...... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ......er of the suit premises and as such the S.C.C. suit is not maintainable. It was also the contention of the defendant that the plaintiff has no bonafide requirement of the premises in suit. 4. The trial Court dismissed the suit upon observing that there is dispute regarding the ownership of the s......Civil) Present: Md. Ruhul Amin , J. M.M. Ruhul Amin , J. Md. Tafazzul Islam, J. Abdul Jabber alias Lalim........Petitioner. Vs. Md. Lokman Hossain being dead his legal heirs and Md. Abdul Latif and others. ...........................Respondents. Judgment 21 April..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....275; IBAD and Co. Vs. Provice of Sind, PLD 1980 Karachi 207; KM Shafi Limited Vs. Bangladesh, 1983 BCR (AD) 152; Begum Khadija Akter Banu and another Vs. AKM Amanullah and another, 1985 BCR (AD) 8; Associated Engineers Co. Vs. Government of Andhra Pradesh, 4 SCC 93; Hashmat Ali Jamader Vs. Asmat Ali......d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ...... security to the satisfaction of the Court for the payment of such sum or for the fulfillment of any other obligation by him under the award." 45. Such objection was never raised before the trial Court. The objection for the first time was raised in this appeal. 46. In reply, Mr. Gaff......to make an order of reference to the arbitrator appointed by the parties, whether in the agreement or otherwise. The Court can appoint an arbitrator only when the contract did not name any arbitrator and the parties failed to agree to appoint an arbitrator. Not otherwise. 'No objection' on b..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
....that the learned lower Tribunal has correctly held that there has been no procedural defect in the departmental proceeding. But, in our view, the order of dismissal from service has been made unreasonably severe in consideration of tile nature of the guilt and the said order is liable to be modi...... 14. 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. ...... fundamental difference between a disciplinary proceeding against an employee taken departmentally and a criminal proceeding in a Court of law against him on the selfsame facts. In a criminal trial, an offence like criminal breach of trust or forgery, dishonest intention or mens rea is requ......ellate Division (Civil) Present: Md. Ruhul Amin J M M Ruhul Amin J Md. Tafazzul Islam J Agrani Bank, represented by the Chairman, Board of Directors, and others .....Appellants Vs. Khandaker Badrudduza ......................Respondent&..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....nother ........................Respondents Judgment April 5, 2004. The Code of Civil Procedure, 1908 (V of 1908), Section 107 The impugned solenama having not been sent for examination by hand-writing expert of the signature appearing on......ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ......ng that he did not execute or file any solenama nor appointed Mr. Abdus Satter as his Advocate nor authorised him to enter into any solenama agreement. The suit was contested by the appellant and the trial Court after recording evidence dismissed the suit. The respondent went on appeal before the Hi...... Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J Nurul Huq (Md) @ MN Huq ………….Appellant Vs. Nirmal Chandra Dutta and another ........................Respondents Judgment April 5, 2004. ..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....ion of receiving complaint against him but without disclosing the nature or particulars of the allegations said to have been received against him as well as without disclosing the identity of theperson who was said to have made allegation, nor disclosing the source wherefrom the allegations were ......discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......on by the writ‑respondent Nos. 1 and 2 i.e. Secretary and the Assistant Secretary of the Ministry of Law, Justice and Parliamentary Affairs as well as by the added respondents who are facing trial in the aforementioned Sessions Case by reiterating the statements made by respondent Nos. 1 a......upreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Secretary, Ministry of Law, Justice and Parliamentary Affairs and others .......Appellants Vs. Md. Borhan Uddin and othe..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
....ssity. Questioning legality of termination of such appointment by one claiming himself as informant or witness of the case, “can hardly be considered legally well conceived” and such person is not competent to question the legality of such action…………&hellip......uo;ovijog othapito howa” against him was made without disclosing the kind of complaint(s) said to have been received and without affording him opportunity to put his version as regards the so called complaint(s) before passing of the order of removal from the Office of the Special Public P......in the incident of 9‑7‑1992. It was the contention of Mr. SM Jillur Rahman that he, as the informant, being interested in the prosecution of the accused persons who have been placed on trial in Sessions Case No. 120 of 1993 of the 3rd Court of Additional Sessions Judge and as the Adv......Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J SM Jillur Rahman ..............Appellant Vs. Bangladesh and others .......................Respondents Judgment April 5, 2004. T..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....t quantities of rice and different numbers of gunny bags between the period 14‑9‑1985 and 15‑9‑1991 by the accused respondents in the appeals and others as godown‑inÂcharge, Block Supervisor, etc. The said Assistant Inspector of District Anti‑Corruption Bureau, Bogra investigated the ......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......ing will have to be examined in each case to determine whether the delay constitutes abuse of the process of the Court or not. But one thing is to be kept in mind that in case delay in concluding the trial is due to circumstances over which the prosecution has no control or factors which are outside......n of Corruption Act, 1947, section 3 (2) of the Anti-corruption Act, 1957 read with paragraph 59 of the Anti-corruption Manual it is seen that investigation of an offence enumerated in Act II of 1947 and in the Schedule of Anti-corruption Act, 1957 by an Assistant Inspector of the Bureau of Anti-cor..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
.... Judgment Md. Fazlul Karim J.- The convict‑petitioner (condemned‑prisoner) seeks leave to appeal on a petition under Article 105 of the Constitution of the People's Re......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......nion could be arrived at on fresh evaluation of the evidence………(14) Cases Referred to- Zenith Packages Ltd vs Member, Labour Appellate Tribunal, Dhaka and others 52 DLR (AD) 160; Zulfikar Ali Bhutto vs State PLD 1979 SC 741 and Ekushey Television Ltd..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....h from the date of receipt of the record by the trial Court, in default none of the parties would be allowed to file application seeking examination of disputed signature by handwriting expert and also directing the defendant No. 1 to pay Taka 3,000 to the plaintiff as a condition precedent of allo......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed....... the defendant in the bianapatra with available authenticated signature of the defendant. Therefore The High Court Division was in error in sending the case back on remand for the same purpose to the trial court. Lawyers Involved: ASM Khalequzzaman, Advocate‑on‑Record ‑ For the Appell...... Present: Md. Ruhul Amin J MM Ruhul Amin J Amirul Kabir Chowdhury J Aftab Ali (Captain Retired)......................Appellant Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu and others………Respondents Judgment March 20, 2004. The Code of Civil Procedure, 1908..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....llip;………………… Respondents Judgment March 16, 2004. The Pourashava Ordinance, 1977 (XXVI of 1977), Section 13(1) (d) The resolution of no-confidence taken against the petitioner upon due compliance of relevant law and suc...... also the contention of the petitioner that in the special meeting allegedly held on June 8, 2003 no resolution as required under the law was adopted to remove the petitioner and that the so‑called resolution may at best be the proceeding of a meeting but the said proceeding having been ta......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ...... March 16, 2004. The Pourashava Ordinance, 1977 (XXVI of 1977), Section 13(1) (d) The resolution of no-confidence taken against the petitioner upon due compliance of relevant law and such resolution having been approved by the competent authority, the order of removal of the pe..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....ers............Petitioners
Vs.
Md. Afzal Hossain and others ..............................................Respondents
Judgment
March 14, 2004.
Result:
The Rule is made absolute.
The judgment and order was passed illegally and without lawful authority as-the Corpora......rch Association an industry, Wanchoo, Justice held at para-6:
"........The activities of this association therefore have, in our opinion, little in common with the activities of what may be called a purely educational institution. It is true that the employees who have raised the present i......ult:
The Rule is made absolute.
The judgment and order was passed illegally and without lawful authority as-the Corporation is neither an industry nor a commercial, establishment or an industrial establishment. As such, its employees, whether employed in a managerial capacity or other......t
High Court Division
(Special Original Jurisdiction)
Present:
ABM Khairul Haque J
Md. Miftahuddin Choudhury J
Chittagong City Corporation, represented by its Mayor and 3 others............Petitioners
Vs.
Md. Afzal Hossain and others .......................
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
....ir .....................Petitioner Vs. State ....... Respondent Judgment March 9, 2004. Result: Maintaining the conviction, the sentence is modified to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) month...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ......submitted charge‑sheet against the convict‑petitioner under section 4 of the Anti‑Terrorism Act, 1992 and accordingly, charge was framed, to which the petitioner pleaded not guilty and demanded trial. 5. The trial Court convicted and sentenced the petitioner as aforesaid. Against the afores......................Petitioner Vs. State ....... Respondent Judgment March 9, 2004. Result: Maintaining the conviction, the sentence is modified to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. ..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....he holding to him. To protect his right and actual physical possession under the agreement, and in order to avoid multiplicity of proceedings and for complete adjudication of the disputes third party sought to be added in the suit as defendant No.4. 4. By impugned order the application was allo......the prayer for addition. Nor such order has resulted in any failure of justice. In the result the Rule is discharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Learned Joint District Judge is directed to hear and dispose of the suit within ......to get possession of the suit-holding if he ultimately succeeds in the suit. Presence of opposite party No.4 would assist the Court to arrive at a correct decision on the issues that may arise at the trial of the suit………………..(11-13) Cases Referred to- ......Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Akram Hossain (Md.)................................Petitioner Vs. Sahera Khatun and others.........................Respondents Judgment March 8, 2004. Result: T..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
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