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Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
....39;s with the LTI's of the register. He adds that the learned Subordinate Judge without considering the same committed an error of law resulting in an error in the decision occasioning failure of justice. 9. No one appears on behalf of opposite party Nos.1 -5 to oppose the Rule. 10. Mr......19.90 acres of land in C.S. Khatian No.408 in Mouza Zoarshahara; that Habibullah died before C.S. operation leaving behind two sons namely Hazrat Ali, Kashem Ali and a daughter i.e. the plaintiff and accordingly the plaintiff inherited the property; that at the time of C.S. operation, the plaintiff ......rs………………………….Opposite parties Judgment August 8, 2006. Result: The Rule is made absolute. Cases Referred to- Md. Serajuddin Ahmed and others Vs. A.K.M. Saiful Alam and others, 56 DLR (AD) 41; Kessarba......e submits that there being no difficulties in comparing her LTI's with the LTI's of the register. He adds that the learned Subordinate Judge without considering the same committed an error of law resulting in an error in the decision occasioning failure of justice. 9. No one appears on ..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. ...... subsequently marriage took place between them at a dower of Tk.1,00,500/- by a registered marriage deed and after the marriage the plaintiff No.1 and the defendant No.1 lived as husband and wife and accordingly the marriage was consummated. Then defendant No.1 was taken to the house of the Hakmat A......er Vs. Md. Tarikul Islam (minor) and others…………………………opposite Party Judgment August 7, 2006. Result: The Rule is made absolute. Cases Referred to- Abdur Rahim Vs. Arifur Rahman and others, 50 DLR 166; 25 BLT 41. Lawyers Involved: ...... a proper judgment of reversal inasmuch the finding of the trial court on different issues have not been controverted or set aside by the appellate court. The appellate court committed gross error of law in not holding that exhibit-1 being a registered kabinnama there is a presumption of genuineness..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. ......ourt High Court Division (Special Original Jurisdiction) Present: Syed Amirul Islam J Zubayer Rahman Chowdhury J R.K. Jute Mills Ltd., represented by its Managing Director, 28, Dilkusha Commercial Area, Motijheel, Dhaka……………&hel.......11.88 on the petitioner for Tk. 40,77,953.00 as excise and Regulatory duty (Annexure-E) and the order dated 21.11.91 passed in revision (Annexure-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..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
....ce with respect to the vested nature of the suit land sent back the suit on remand for retrial setting aside the judgment and decree of the trial Court. No illegality occasioning failure of justice apparently committed by the appellate Court and as such there is no ground of interfering wi...... as vested property.
9. The trial Court on consideration of the evidence found the sale deed, Exbt.2 purported to have executed by Sarat Sundari Chowdhury to Dijendra Lal Roy as genuine and accordingly it was held that Dijendra Lal Roy became the owner of the suit land by purchase from the......(2007) 488.
......992 is hereby affirmed.
Send down the lower Court's records at once with a copy of this judgment for information.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 488.
..
Category: Abandoned Properties Law | Date: 24 Jul, 2006 | Hits: 21
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦. Respondent Judgment July 20, 2006. Result: The Appeal is allowed. Lawyers Involved: Kh. Saiful Haque-For the Accused-Appellants. Nikhilesh Dutta, Deputy Attorney-General with Md. Rabiul Karim and Md. Iqbal Hossain, Assistant Attorney-General-For the Respo......ritory of Bangladesh. He further submits that the impugned order passed by the learned Judge of the Tribunal is non-speaking without assigning any reason and the same is not sustainable in the eye of law. 8. The learned Deputy Attorney General appearing for the State submits that the First Inform..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
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. ......d that Fakuram Hazra died without any issue leaving his widow, Mokshoda Bala Dassya; that the appellant and the opposite parties Nos.3 and 4 became the owners of the estate left by Fakuram Hazra according to Hindu Law of Dayabhaga and for that matter they became and are owners of the property p......llip;……………………………Respondents Judgment July 19, 2006. Result: The Appeal is allowed. Cases Referred to- Brajabala Vs. Tarapada Saha Minor and others, 11 DLR 1959 page 40; Pannu Geegania Vs. Devi ......r has conferred Shishubala Roy all powers including powers of conducting all legal proceedings regarding the property contained in the will. As such the petition for revocation is filed by him by his lawful constituted attorney, Shishubala Roy. It is further stated that the probate being obtained fr..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)
....e interfered with by the High Court Division in exercising revision jurisdiction unless there has been any misreading of evidence or non-consideration of material evidence occasioning failure of justice……………………….(11) Case Refer......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. ......;………………………Opposite Party Judgment July 2, 2006. Result: The Rule is discharged. It is the plaintiff who is to prove his own case independently and must not depend on defence witness. There may be thousands o......at.....there may be thousands of defects in the documents of the defense as well as their case but that does not entitle the plaintiff to get a decree. 11. It is an established principle of law that the appellate court is the final court of facts and the decision on question of facts by th..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. ......have preferred the instant Civil Revision and obtained the present Rule. 7. The only point for determination in this Rule is, whether the impugned judgment and decree passed by the SCC Judge are according to law? 8. At the outset, Mr. MA Jalil, the learned Advocate appearing for the defend......Abu Musa Siddique & others ………………….Opposite Parties Judgment July 2, 2006. Result: The Rule is disposed of. Case Referred to- Monoranjan Barua Vs. Mirza Masud Hossain, 48 DLR (AD) 130; Begum Fazilatunnessa Vs. Nowshad......fer of Property Act asking for vacant possession of the suit shop house in their favor by 31-1-1997. The opposite-parties terminated the lease of the petitioners with reference to the suit shop house lawfully. But despite the termination of the lease, the petitioners did not vacate the suit shop hou..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. ......plication under section 10 of the Code of Civil Procedure and as such at this stage it cannot be said that the issues of the subsequent suit are same. He further submits that the issue will be framed according to the relief claimed by the parties and on consideration of written statement. Lastly, he......ed. Subsequent suit may be stayed only when the matter in issue of the previously instituted suit is directly and substantially the same, the parties are the same title and the court is competent to grant the relief so claimed. Unless the Court is satisfied with the above tests of law, no stay c......instituted suit is directly and substantially the same, the parties are the same title and the court is competent to grant the relief so claimed. Unless the Court is satisfied with the above tests of law, no stay can be granted. If the earlier suit fails or in the alternative the plaintiff of the ea..Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....sions Judge and Court of Special Judge, Dhaka, the petitioner preferred the writ petition and obtained the instant Rule. 9. The petitioner filed Supplementary-Affidavit annexing a notice demanding justice which is annexed as Annexure-D. The petitioner also filed a Supplementary-Affidavit annexing......he provisions of section 386 whenever an offender has been sentenced to pay a fine, the Court can issue a warrant for the levy of the fine or issue warrant to realise the amount of fine for execution according to civil process. He submits that according to proviso of section 386 even if the offender......an (Md.)..........................Petitioner Vs. Bangladesh and others.........................Respondents Judgment May 25, 2006. Result: The Rule is disposed of. Cases Referred to- Md. Ali Hossain Vs. State, 5 MLR 299 = 52 DLR 282; Emperor Vs. Sm Sarojini De Chowdhury, AIR ......by also committed an offence under section 5(1)(e) of the Prevention of Corruption Act, 1947. It is also stated that the Prevention of Corruption Act, 1947 was enacted to provide for a more effective law to prevent and eliminate bribery and corruption from amongst the public servants. 7. Accordin..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
Md. Didarul Hasan Vs. State, 2006, 35 CLC (HCD)
.... still under investigation. 5. Since charge has not yet been framed and on the papers submitted by the complainant through an application for cancellation of bail we are of the view that ends of justice would be met if the bail granted by this Court may be allowed to continue till framing of ch......in, 2000 there is no scope for granting anticipatory bail. In the result, this rule is made absolute with this observation. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 65. ......, Advocate with Kazi Ebadoth Hossain, Advocate - For the Petitioner. Khan Saifur Rahman, Advocate with Md. Ashek-e-Rasul, Advocate - For the Opposite Party. Md. Helal Uddin Mollah, Deputy Attorney-General - For the State. Criminal Miscellaneous Case No.1415 of 2006. Judgment ...... be at liberty to cancel the bail of the accused petitioner. Before parting with the decision we must make it clear that in any case under Nari-O-Shishu Nirjatan Daman Ain, 2000 which being a special law, bail can be granted upon hearing the informant or complainant or to the effect the state. In Na..Category: Women and Children | Date: 25 May, 2006 | Hits: 26
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
.... imposing condition that if victim girl is not willing to go in the custody of the appellant she would remain in her safe custody which is prima-facie unwarranted misconceived and contrary to law and justice and as such not sustainable. The learned advocate further submits that the Tribunal utterly ......ot are matters awaiting trial before the Tribunal in Nari-O-Shishu Case No.32 of 2005. 15. It appears that the victim in her statement recorded by the learned Magistrate has not disputed her age according to the date of birth appearing in the school certificate and Registration Card. 16. O......on is allowed. Proof of age of victim School Certificate and registration card issued by the Board stand more positive, dependable and credible as proof of age of victim and it is preferred to doctor's and radiologist opinion. Opinion of minor is immaterial and is no factor for allowin...... required she may be released in her custody. The father of the principal accused Md. Emdad Miah filed another application praying for releasing the victim girl in his custody as alleged as father-in-law stating that she had gone out with his son Rabiul Hasan freely and voluntarily and married him o..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
....
under Section 21 of the Securities and Exchange Ordinance, 1969 behind the back
of the petitioner is liable to be declared to have been held without any lawful
authority being violative of natural justice and also declared to have been
held without lawful authority since the law does not contemp......itioner as the company responsible for issue management of
shares of Wonderland Toys Ltd. discharged their duties in accordance with their
agreeÂment dated 20.05.1996 with Wonderland Toys Ltd. and accordingly their
contractual obligations towards Wonderland Toys Ltd. were fulfilled thereby
trea......he express or imÂplied
terms of which govern the rights and liabilities of the parties. In the absence
of any relevant express terms their obligations must be regulated by rules of
law applicable to the relationship of principal and agent. In the performance
of his undertaking the agent must ac......m a contract, the express or imÂplied
terms of which govern the rights and liabilities of the parties. In the absence
of any relevant express terms their obligations must be regulated by rules of
law applicable to the relationship of principal and agent. In the performance
of his undertaking th..
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)
.....) Act, 1965. He then submits that the Labour Court failed to appreciate and consider the facts and circumstances of the cases and the evidence on record and consequently there is a miscarriage of justice leading to arbitrary, malafide and illegal decision and order and as such the same is passe......ur Court, Dhaka in I.R.O. Case Nos.23 of 2001, 24 of 2001, 25 of 2001, 22 of 2001, 26 of 2001, 27 of 2001, 30 of 2001, 33 of 2001, 32 of 2001, 29 of 2001, 28 of 2001 and 31 of 2001 respectively and accordingly these matters are taken up together and are being disposed of by this single judgment....... The Chairman, 3rd Labour Court, Dhaka and others………………………..Respondents Judgment April 27, 2006. Result: All the Rules are made absolute. Cases Referred to- Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 48 DLR (AD)......ause as to why the aforesaid decision and order dated 3.03.2004 passed by the Chairman, 3rd Labour Court, Dhaka respondent no.1, in the I.R.O. cases, shall not be declared to have been made without lawful authority and to be of no legal effect and or such other or further order or orders passed ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....ing measures or actions taken by them for realizing the aforesaid arrear telephone bills but without any response (Annexure-E series, F, G, H and I), as such, the petitioner issued a notice demanding justice on 15-4-2001, through its learned advocate upon the respondents, requesting necessary steps ......ehalf of the respondent Nos. 3, 4 and 5 submitted that the salaries and other allowances including that of a telephone is governed by the provisions of President’s Order 28 of 1973 (as amended) and accordingly one telephone is installed at the residence of each of the members of the Parliament and......tion of their existence. 3. The members of Parliament as a body, represent the entire body of the people of Bangladesh, as such, should held their head high, in defending the rights of their electorates in the House of the Nation, otherwise, they will be failing in their onerous duties and func......icle 65 The Members of Parliament (Salaries and Allowances) Order, 1973, (President’s Order No. 28 of 1973) 1. Bangladesh is a Sovereign Democratic Republic, governed by the Government of laws and not of men. 2. The people of Bangladesh are the owners of this country and all functio..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....ental sufferings of the petitioner. Such conduct of the Respondents is tantamount to non-application of mind and colourable exercise of power which is clear violation of the principle of natural justice. 15. It appears that no charge was framed against the petitioner nor any enquiry office......t favourable reports for affiliations of their colleges. He next submits that on the basis of complaints made by those Principals, the authority decided to take disciplinary action and accordingly the petitioner was put to suspension and he was asked to show cause by the impugned......llip;……………………….Respondents Judgment April 18, 2006. Result: The Rule is made absolute. Cases Referred to- Registrar, Supreme Court of Bangladesh Vs. Md. Sofiuddin and another, 6 BLC (AD) 141; Anwar......ow cause as to why the order of suspension dated 10.06.2004 as in Annexure-A and the notice dated 21.03.2005 to show cause as in Annexure- 'B' should not be declared to have been made without lawful authority and be of no legal effect and why a declaration should not be made to the effect th..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ......g reliable evidence against them. We are perturbed and dissatisfied with the manner in which this case has been conducted by the prosecuting agency, for which, they deserve to be reprimanded and accordingly, they are reprimanded. 8. As we find inherent loopholes on the part of the prosecut......;……………………………….State Judgment April 18, 2006. Result: The appeal is allowed. Cases Referred to- Panchu alias Paigam Ali Vs. The State, 26 DLR 297; Abul Hashem Master Vs. The State, 44 DLR......on 8 August, 2001. This statement speaks volume as to his sincerity to unfold the real offenders or accomplices. He visited the place of occurrence after 10 days of the alleged recovery, although the law requires that the witnesses should be examined and their statements, if necessary, be recor..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
....de constitute a Rule of Procedure advancing a remedy to rectify an error, mistake, omission or default in pleadings of parties. The consideration is to minimize the litigation and to advance cause of justice instead to stifle it. Prayer for amendment is to be liberally allowed so that rights of the ...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......ad his hairs: Selina Begum @ Rani and others…………………………………Defendant-Opposite-Parties Judgment April 18, 2006. Result: The Rule is made absolute. Case Referred to- Breeh Vs. Amalgated Engineering Union, (1971) 1 All ER 1148. Lawyers Involved: S.M. Zah......evision Petition as Annexures. Explored grounds pressed into service in support of Revision Petition. Took a mental note of the submissions advanced from the side of plaintiffs-petitioners. Ruminated laws and principles governing amendment of plaint. Studied the order impugned in Revision Petition. ..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Delwar Hossain Vs. State and others, 2006, 35 CLC (HCD)
....nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ...... Shafique Master, wife of Shafique Master (parents of accused Refat) and daughter of Shafique Master have kept confined victim Mahbuba Delowar @ Shuvra Moni in their house and informant lodged F.I.R. accordingly with Demra Police Station. 3. Police after investigation submitted charge sheet aga......espondents Judgment April 17, 2006. Result: The appeal is allowed. Lawyers Involved: Md. Haroon-Ar-Rashid, Advocate - For the Appellant. Md. Afsar Hossain, Deputy Attorney General - For the state. Md. Quayyum Chowdhury, Advocate - For the Respondent Nos.2, 3, ......ars 7 months old on the date of alleged marriage on 01.08.2005 and under the circumstances consent of a minor girl in alleged marriage was quite immaterial and such consent has no force in the eye of law. In the nikah nama dated 01.08.2005 the age of victim Mahabuba Delwar has been shown as 18 years..Category: Women and Children | Date: 17 Apr, 2006 | Hits: 24
Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ......no.1756 of 2005 is dismissed. Impugned order dated 20.3,2005 dismissing the complaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ......Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Quddus J Md. Abdul Hye J Ms. Ok Kyung Oh, daughter of Mr. Man Ho Oh, present resident of House No.25, Road No.27, Sector 7 Uttara Dhaka-1230..................Appellant Vs. 1. The State, represented by the Deputy......r the complainant appellant submits that the impugned order of dismissing the complaint petition under section 27 of Nari-O-Shishu Nirjatan Daman Ain, 2000 was without jurisdiction as well as without lawful authority and the depositions of witnesses recorded by the Magistrate during enquiry clearly ..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
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