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Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)
.....50,000/- (fifty thousand) as further soletium in favour of the appellant within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: ......e amount within time fixed by the court, the suit shall stand dismissed. The rule issued in Civil Revision No.3536 of 1999 was discharged. 7. It transpires from the record that the bainapatra in question was executed on 19.02.1985 and Title Suit No. 562 of 1985 subsequently renum......essary income tax clearance certificate to be obtained by the defendant No.1. Thus it appears that there was a rather latch on the part of the defendant No.1in the matter. 9. Considering the facts and circumstances of the case, and all aspect of the matter, we are of the view that the a..Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272
Ful Miah & others Vs. State, 2007, 36 CLC (HCD)
....odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ......at a kiris is not included in the definition of the 'arms' under the Arms Act. We also noticed that except Ful Miah, no firearm was recovered from the possession of the other accused persons. Now the question is whether the conviction of all the accused persons under section 19A of the Arms Act and ...... we modify the conviction of all the accused other than Fui Miah, under sections 19A and 19(f) of the Arms Act read with section 25D of the Special Powers Act. 16. However, on consideration of the facts and circumstances of the matter, we noticed that the Special Tribunal had awarded a harsh sent..Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26
Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)
....nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ...... on their very first day of appearance in the said Court at Birganj. Besides he submitted that since the sole plaintiff died on 28.9.1984 the petition for substitution was well within 90 days, the question of abatement of the suit did not arise, as such, the learned Judge wrongly and erroneously......he petition for setting aside the order of abatement was also not made within the period of limitation of 60 days thereafter. Under such circumstances, the learned Judge erred in law as well as in facts in allowing the petition filed under Order XXII rule 9(2) of the Code, by his Judgment and Or..Category: Procedural Law | Date: 16 Jan, 2007 | Hits: 3
Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)
.... of 2001 under sections 6(1)/7/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 68. ...... of 2001 under sections 6(1)/7/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 68. ......on 161 of the Code of Criminal Procedure and after completion of thorough investigation submitted final report under section 173 of the Penal Code, vide Final Report No.55 dated 13.03.2003. In the facts of the present case it would be useful if we reproduce here the relevant portion of the Final..Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......g case under section 302 of the Penal Code and not under Nari-O-Shishu Nirjaton Damon Ain, 2000. 35. In view of the above submissions made by the learned Advocates, let us at first deal with the question as to whether the condemned prisoner is prejudiced due to the alleged last moment......general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ......ole occurrence from the roof of house No.45 in Taherbag, is believable as they have stated that there was no obstruction to their view from that place to the place of occurrence. She submits that the question whether the informant embraced her husband before he was shot or afterwards is not so mater......mpted the I.O. to include in the charge sheet, as accused, someone by the name Sundar Babu, who is identified therein as son of Afzal of 57 Naya Paltan, Lalbagh, when no one mentioned the identifying facts, namely the father's name and address. 45. Another argument was put forward that the accuse..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....f reviewing earlier prayer. Earlier application for amending prayer portion was rejected by the trial Court-Subsequent application with a new prayer, though in some respect similar but not exactly identical to the one disallowed earlier, was allowed by the same court. Held: Subsequent applicat...... Hosna Ara Begum-For the Petitioner. Abdul Quyum, Senior Advocate-For the Opposite Party No.1. Civil Revision No.1729 of 2000. Judgment Syed Mohammad Ziaul Karim J.- This Rule, calls in question, the legality and propriety of the order dated 25-10-1999 passed by the learned Subordinate......learned Subordinate Judge and Judge of the Artha Rin Adalat No.4, Dhaka, in Title Suit No.141 of 1999, allowing an application filed under order VI Rule 17 of the Code of Civil Procedure. 2. Short facts leading to this Rule, are that on 25-04-1995 the opposite party No.1 as plaintiff instituted T..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
....tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ......med that original document was lost. He submits that the onus being upon the plaintiff to show that the plaintiff Fuljan Bibi did not put her LTl's at the time of registration of the documents in question rather the same was registered by forging her LTI's, so the plaintiff-petitioners filed......s prayer for comparison of the disputed L.T.I.'s of Fuljan Bibi should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. Short facts leading to this Rule are that on 01-07-1991 Fuljan Bibi alias Gedi Bibi (predecessor of the pe..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ......No.09 of 200 allowing the appeal and reversing the judgment and decree dated 2.11.2000 passed by the Subordinate Judge, Magura in other Class Suit No.6 of 2000 dismissing the suit have been called in question. 2. The opposite parties as plaintiffs instituted other class Suit No.06 of 2000 in th......mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
..... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ....... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ......H) shall not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders as to this Court may seem fit and proper. 2. The relevant facts are that the petitioner company is incorporated under the Companies Act and is engaged in..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ......t Dhameswar Hazra and Laba Krishna Hazra are not the brother of Fakuram Hazra and as such the petitioner and others are not entitled to challenge the will and probate. 25. Now the pertinent question for determination is that whether Fakuram Hazra had two brothers namely Dhameswar Hazr...... the learned District Judge: 1. Was the probate obtained collusively and illegally? 2. Is the petitioner entitled to get any relief? 13. The learned District Judge considering the facts and circumstances of the case and evidence on record found that the petitioner was not su..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)
....ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ......tle the plaintiff to get a decree………………………….(9 & 10) The appellate court is the final court of facts and the decision on question of facts by the appellate court can not be interfered with by the High Court Division in ex......se, but that does not entitle the plaintiff to get a decree………………………….(9 & 10) The appellate court is the final court of facts and the decision on question of facts by the appellate court can not be interfered with by the..Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3
Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
....d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ......is ex facie clear that the petitioners got more than 15 days' prior notice as contemplated by law and in this view of the matter, the notices under section 106 of the said Act cannot be called in question. 14. It is also the submission of Mr. ASM Kamal Amroohi Chowdhury that there may be so......ct are illegal. There is no bonafide requirement of the suit premises by the opposite-parties. 5. After hearing the parties and on an appraisal of the evidence and materials on record and in the facts and circumstances of the case, the lower Court decreed the suit on the observation, inter alia..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)
.... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ...... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ......ion not with the same prayer; though no issues are framed, the issues may not be same. The relief claimed in subsequent suit cannot be determined and granted in previously instantiated suit. From the facts and circumstances of the case as discussed above we do not find any reason to interfere in the..Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27
....Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
......ant Attorney General could not however make any comment on the Certificate issued by the Sonali Bank as evidenced by Annexure-F-1.
9. Considering the statements made in the petition and the facts and circumstances of the Case and the submissions of the learned Advocate appearing for t..
Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....esources disproportionate to his known source of income for which the public servant cannot reasonably account. The ingredients constituting the offence under section 5(1 )(d) of the Act are almost identical with the ingredients of section 161 of the Penal Code with the additional ingredients of...... and without jurisdiction for the balance amount in C Case No. ১৯ জরিমানা/২০০১ which is pending and, as such, the Rule is liable to be discharged. 17. Since complicated questions of law of great public importance have arisen we have invited the learned Senior Advocates......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
....to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ......When Nari-O-Shishu Nirjatan Daman Tribunal directs for release minor girl, victim of an offence under the Ain and allowed custody of the minor to her mother no person or organization is authorised to question validity of the order under section 31 of the Ain. No person or organization can ask for sa...... appellant. 2. As both the appeals are directed against same order of refusal of the prayer for custody of the victim girl they are heard together and disposed of by common judgment. 3. The facts leading to the appeal in short are that the appellant Mostafa Kamal as informant lodged First ..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
....
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
......ntitled to get any
opportunity of being heard and no show cause notice is required to be served
upon said accused person…………………………………(31)
Writ
jurisdiction and question of fact
Whether anyone has
violated any of the terms and conditions of the agreemen......other alternative and efficacious remedy under
section 561A of the Code of Criminal Procedure and, as such, the writ petition
is not maintainable. The writ petition involves disputed questions of facts
resolution of which is not possible by affidavit and as such the writ petition
is not mainta..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....001 and 31 of 2001 respectively and accordingly these matters are taken up together and are being disposed of by this single judgment. 2. In the aforesaid writ petitions, Rules were issued in identical terms calling upon the respondents to show cause as to why the aforesaid decision and ord......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ......titioners put in the service of 8 years and as such the impugned decision is without lawful authority and is of no legal effect. He then submits that the Labour Court committed an error of law and facts apparent on the face of the record in holding that there is no scope to declare the service o..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ......arge of the National University is empowered to perform the routine works in the absence of the Registrar as such he had no jurisdiction to issue the order of suspension and show cause notice in question. 9. The Learned Advocate relying upon the decision of the case of Anwarul Huq Khan Vs.......al effect and why a declaration should not be made to the effect that the petitioner was and continue to be in service with all attended benefits of pay and others service benefits. 2. The short facts relevant for the purpose of the case are that the petitioner obtained the degree of M.S.C from..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
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