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Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)

....sain, Advocate -For the State. Criminal Revision No.11 of 1983. Judgment Anwarul Huque Chowdhury J. - This Rule arises out an application under section 561A of the Code of Criminal Procedure for quashing the proceeding in Sessions Case No.5 of 1983 pending before Additional District Magistr......hose cases. It can hardly have been contemplated by the legislature that, while it deliberately provided for appeals in some cases, it failed to provide for appeals in certain other cases. Before the amendment of 1923 every sanction to prosecute, granted by a Court under section 195 (1) (c) was appe......it was filed in the Court of Subordinate Judge Jessore being O/C suit No.152/80 dated 18.12.1980. The said Bainapatra is false one as it was never created by the hus­band of the complainant. This complaint was endorsed to the Assistant Inspector of Anti-corruption Bureau, Jessore for inquiry and th..

Category: Criminal Law | Date: | Hits: 117

Promode Ranjan Paul & others Vs. Government of Bangla­desh & others, 1986, 15 CLC (HCD)

....rt, Brahmanbaria, passed in Title Suit No.156 of 1982. 2. The petitioner No.1 as plaintiff insti­tuted the suit in the 2nd Court of Munsif, Brahmanbaria against the opposite parties as defendants for declaration and permanent in­junction that the order of defendant No.2 the Sub-divisional Offic......order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ......Subordinate Judge, Brahmanbaria passed in Title Appeal No.48 of 1983 rever­sing those of the learned Munsif 1st Court, Brahmanbaria, passed in Title Suit No.156 of 1982. 2. The petitioner No.1 as plaintiff insti­tuted the suit in the 2nd Court of Munsif, Brahmanbaria against the opposite partie..

Category: Property Law | Date: | Hits: 107

Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)

....gainst the judgment and decree dated 24‑3‑92 passed by the learned Subordinate Judge, Additional Court, Narayanganj in Title Suit No.40 of 1991 dismissing the suit. 2. The plaintiff filed the aforesaid suit praying for specific performance of contract stating, inter alia, that the defendant N......laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554.......the Appellant. ASM Wahidul Momin Chowdhury, Advocate‑For Respondent No.1. Appeal from Original Decree No. 122 of 1992. Judgment Md. Tafazzul Islam J.-This appeal, at the instance of the plaintiff appellant is directed against the judgment and decree dated 24‑3‑92 passed by the lear..

Category: Property Law | Date: | Hits: 104

Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)

.... No.73 of 2001 on reversing the judgment and decree dated 6‑8-2002 passed by the 2nd Court of Subordinate Judge, Chuadanga in Title Suit No.10 of 1999 decreeing the suit. 2. Short facts relevant for the purpose of the case are that the petitioner as plaintiff instituted Title Suit No.10 of 1999......r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ......ed 6‑8-2002 passed by the 2nd Court of Subordinate Judge, Chuadanga in Title Suit No.10 of 1999 decreeing the suit. 2. Short facts relevant for the purpose of the case are that the petitioner as plaintiff instituted Title Suit No.10 of 1999 in the 2nd Court of Subordinate Judge, Chuadanga again..

Category: Employment/Service Law | Date: | Hits: 194

Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)

....erties Ltd. Vs. Bangladesh, 11 BLD 523 = 44 DLR 308. Lawyers Involved: Ibrahim Mollah with Alamgir Hossain, Advocates - For the Petitioners (In Civil Revision No. 3814 of 2006. Ekramul Hoque for Shafquat Hussain - For the Petitioner (In Civil Revision No. 4743 of 2007). SH Md. Nurul Huda......in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ......d by the Assistant Judge, Balaganj, Sylhet, in Title Suit No.02 of 1984. 2. The said 2(two) revisions were preferred by (two) sets of petitioners who were defendant in the original suit. 3. The plaintiff instituted the suit for partition being Title suit No.122 of 1965 in the Second Court of t..

Category: Property Law | Date: | Hits: 97

Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)

....1954) 2 QBD 402; Sre Nair Teng Bank Ltd. Vs. Rambler Circle Company Ltd., 1953 All- ER, PC 182; Matthews Vs. Gibbs (1860) 30 L.J.Q B. 55) Lawyers Involved: M. Fazlul Karim, Pritish Bhatachartya for Mafizullah, Advocates -For the Appellants. Mozammel Hossain with Kamalul Alam, A.K.M. Anwaruz......smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93.......nd decree passed by Mr. B. Rah­man, Subordinate Judge, 3rd Court, Chittagong dated 30.08.1975 and 30.09.1975 respectively in Money Suit No.24 of 1969/44 of 1971 decree­ing the suit in favour of the plaintiff for a sum of Tk.13,650,03/- with costs from defendant Nos.1-4 and 6. Defendant No.1 M/s. H..

Category: Business or Commercial Law | Date: | Hits: 463

Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)

.... Civil Revision No.2288 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.- Is the Civil Court so powerless that in exercise of its inherent powers it cannot entertain, an application for setting aside, an ex parte decree which is alleged to have been obtained on practising fraud upo...... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552....... that petitioner No.1 being the owner of the holding executed an agreement dated 15.8.71 for sale of the same to him at a consideration of Tk. 1,00,000.00 and do in pursuance thereof she also put the plaintiff in possession of the ground floor of the building on 3.8.72. Petitioner No.1 and her husba..

Category: Procedural Law | Date: | Hits: 130

Deputy Commissioner (Revenue), Sylhet Vs. Sudhir Chandra, 1991, 20 CLC (HCD)

....e 1 of the Code of Civil Procedure read with section 151 of the said Code has been preferred by the Government of the People’s Republic of Bangladesh, represented by the Deputy Commissioner, Sylhet for reviewing the judgment and decree dated 7th and 8th March, 1989 passed by this Court in Sylhet H...... rejected. The order passed in Civil Order No.2454/90 on 20‑12‑90 in connection with this application stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 549. ......lhet for reviewing the judgment and decree dated 7th and 8th March, 1989 passed by this Court in Sylhet High Court Division in Civil Revision No.3 of 1988. 2. The respondent‑opposite party as plaintiff through his attorney, one Shafiqui Haque Chowd­hury, instituted Title Suit No.205 of 1985..

Category: Property Law | Date: | Hits: 157

Selimuzzaman @ Selim and others Vs. Deputy Commissioner, Sar­iatpur, District Sariatpur and others, 1992, 21 CLC (HCD)

....passed by the learned Assistant Judge, Naria, District Sariatpur, dismissing the Title Execution Case No.23 of 1989 should not be set aside. 2. The following facts require special consideration for the purpose of disposal of this Rule. The plaintiffs instituted Title Suit No.27 of 1987 in the ......ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 545.......District Sariatpur, dismissing the Title Execution Case No.23 of 1989 should not be set aside. 2. The following facts require special consideration for the purpose of disposal of this Rule. The plaintiffs instituted Title Suit No.27 of 1987 in the court of the learned Assistant Judge, Naria Up..

Category: Property Law | Date: | Hits: 123

Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)

....d 19.4.62 passed by the Subordinate Judge, Khulna in Title Suit No 5 of 1959. 2. Collector of Khulna on 16.5.59 made a reference to the Alluvial Lands Act, 1920 stating that some island chars were formed in the bed of the river Kazibacha in Mouza Tetultala within PS Batiaghata in the District of ......f the words 11 whether the loss of such land or portion by diluvion took or takes place before or after the commencement of State Acquisition & Tenancy (Fourth Amendment) Order, 1972. This fourth amendment is incorporated in PO 135 of 1972. In sub‑section (3) similar provisions have been made .......43‑51. 21. The learned Subordinate Judge framed 5 issues and 2 more additional issues and on considering the evidence on record came to the finding that the government, which was treated as the plaintiff in the suit, had no right, title and possession over any portion of the suit land, that de..

Category: Property Law | Date: | Hits: 118

Chairman, Chittagong Port Autho­rity, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)

....nt Traffic Inspectors. 3. The case of the respondent Nos.1-7 who were the petitioners in the I.R.O. case was that they were workers under the present petitioner and were selected in order of merit for appointment to the post of Assistant Traffic Inspector by letter dated 05.06.1983 and their join......in section 43 of I.R.O. 1969 existed in the same language in the Labour Dispute Act, 1965 which was substituted by I.R.O. 1969. It is also to be noted that according to section 34 of I.R.O. before us amendment on 17.10.1970 existence of industrial dispute was a must without which no application coul......r­ther been held that the Labour Court is to be deemed a Civil Court for specified purpose for the purpose of adjudicating and determining an industrial dispute and that the Labour Court trying a complaint of an individual worker was not a Labour Court adjudicating and determining a Labour dispute ..

Category: Labour and Industrial Law | Date: | Hits: 204

Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....olved: AKM Fakhrul Islam, Advocate - For the Petitioner Abdus Salam Mondal, Deputy Attorney General with Amatun Karim, Assistant Attorney General - For Respondents. Siddiqur Rahman Advocate for AKM Fakhrul Islam, Advocate - For the Petitioner. Mahbubey Alam, Attorney-General with Murad ......oners of War crimes who were connected with genocide and crime against humanity. Mr. Fakhrul Islam tried to impress upon us that this tripartite agreement was signed on 9th April 1974 after the first amendment Act, 1973 of the Constitution bill was passed. The aims and objects of first amendment of ...... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491...

Category: Constitutional Law | Date: | Hits: 314

Principal, Barguna Darul Ulum Nesaria Alia Madrasha Vs. Secretary, Ministry of Health and others, 2002, 31 CLC (HCD)

....etitioner, the Additional Deputy Commissioner (Revenue), Barguna, the Deputy Commissioner, Barguna, the Assistant Commissioner (Land) Barguna, the Secretary, Ministry of Land and the Chairman, Land Reforms Board, were impleaded in the said Title Suit No.55 of 1997 as the defendants. The Principal, B......py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 542.......and order No.27, dated 30‑5‑99, passed by the learned Senior Assistant Judge, Barguna in Title Suit No.55 of 1997. The Secretary, Ministry of Health, represented by the Civil Surgeon, Barguna, as plaintiff, instituted the Suit. In this civil revision he is the opposite party No.1. The Principal,..

Category: Procedural Law | Date: | Hits: 146

Mohiuddin Ahmed and others Vs. Government of Bangla­desh and others, 2011, 40 CLC (HCD)

....case are that the present opposite party as plaintiff instituted the Title Suit No.120 of 2004 impleading the petitioners as defendants in the Court of Joint District Judge, 2nd Court, Sylhet praying for declaration that the Kabala dated 15-7-2004 in favour of defendant Nos.1-5 executed by the defen......r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504.......nt-petitioners under Order 7 rule 11 read with sections 11 and 151 of the Code of Civil Procedure should not be set-aside. 2. The relevant facts of this case are that the present opposite party as plaintiff instituted the Title Suit No.120 of 2004 impleading the petitioners as defendants in the C..

Category: Property Law | Date: | Hits: 121

GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)

....ecords at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......udgment and decree dated 23-9-2008, passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.40 of 2005 (Originally Title Suit No.135 of 2003) decreeing the suit in favour of the plaintiff-landlord, holding that the defendant tenant is a defaulter and, as such, he is liable to b..

Category: Tenancy Law | Date: | Hits: 190

Additional Deputy Commissioner (Rev.) Rangpur and another Vs. Amir Husain and others, 2012, 41 CLC (AD)

....ik-Al-Jalil, Deputy Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners Syed Mahbubur Rahman, Advocate-on-Record-For the Respondents Civil Petition for Leave to Appeal No. 249 of 2011. (From the judgment and order dated 7th November, 2010 pas......h the impugned judgment and order passed by the High Court Division is liable to be set aside”. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in:...... directed against the judgment and order dated 07.11.2010 passed by a Division Bench of the High Court Division in Civil Revision No.3939 of 2007 in making the Rule absolute. 2. The case of the plaintiffs, in brief, is that admittedly the suit property belonged to Champa Debi and others; that ..

Category: Property Law | Date: | Hits: 181

Administrative Officer, Hou­sing Settlement, Chittagong & others Vs. Abdur Rashid Chowdhury and others, 2011, 40 CLC (HCD)

....is allowed. Cases Referred to- Alauddin Khan Vs. Bangladesh represented by the Ministry of Housing and Public Works, 14 BLC 831; Nawshed Chowdhury Vs. Ministry of Land Administration and Land Reforms, Government of Bangladesh, 3 BLC 18; Messrs Mollah Industry Estate Vs. Government of Banglades......et aside. The suit is dismissed without any order as to costs. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479....... District Judge-in-charge, 2nd Court, Chittagong in Other Class Suit No.143 of 2001 decreeing the suit against the defendant No.7 and 8 on contest and ex parte against the rest and declaring that the plaintiff respondent Nos. 1-17 are entitled to get lease of the plot/property in their favour with t..

Category: Property Law | Date: | Hits: 118

Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)

....titioner under section 138 of the Negotiable Instruments Act 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. Relevant facts for disposal of the Rule are that the opposite party No.2 as complainant filed a petition of complai......Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacat­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ...... other or further order or orders passed as to this Court may seem fit and proper. 2. Relevant facts for disposal of the Rule are that the opposite party No.2 as complainant filed a petition of complaint before the Court of Upazila Magistrate, Chakoria, Cox's Bazar alleging, inter alia, that both..

Category: Procedural Law | Date: | Hits: 114

Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)

....ni P.S. Gulshan, Dhaka and 41/1, Dilu Road, P.S. Ramna, Dhaka became known to the complainant in Qatar City in course of business. The complainant used to carry on business in Qatar by residing there for a long time. The accused used to come to the house and office of the complainant in Qatar often.......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......opolitan Magistrate, Chit­tagong should not be quashed. 2. The facts of the case are as follows: - On 12.01.1985 complainant Ansarul Huq Ansari of P.S. Panchlaish, District Chittagong lodged a complaint in the Court of the Chief Metropolitan Magistrate, Chittagong alleging that accused petitione..

Category: Criminal Law | Date: | Hits: 362

Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)

....ee Abdul Latif ...........Petitioner Vs. Abdul Huq & others .........Opposite Parties Judgment March 13, 1991. Result: The Rule is discharged without any order for costs. Case Referred To- Haji Nurul Islam Vs. Ash­raf Ali and others, 30 DLR 215. ......assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ......hy the Order No.37 dated 19.3.85 passed by Munsif, First Court, Dhaka in Title Suit No.188 of 1982, should not be set aside. 2. The facts of the case are, that Abdul Huq, opposite party No.1 as plaintiff, along with 3 others filed Title Suit No.210 of 1981 in the First Court of Munsif, Dhaka f..

Category: Civil Law | Date: | Hits: 166