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Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
.... of the Court. 3. Being aggrieved, the Mill preferred First Miscellaneous Appeal No.157 of 2001 before the High Court Division under section 39(vi) of the Arbitration Act, 1940. The respondent also filed Cross Appeal/Objection No.5/2001 claiming interest on the amount awarded. By the impugned j......e do not find any substance in this appeal. Accordingly, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246. ......mits that the High Court Division awarded 5% interest per annum from the date of the award, i.e., from 7-6-1995 till payment of the amount of respondent-cross-objector, although the trial Court did not grant any interest. He further submits that the High Court Division erroneo......D) (2014)246. ..Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10
Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)
....18 acres of land out of a portion of land appertaining to plot Nos. 4441, 4442, 4443, 4445, 4472. His case, in short, is that the suit land belonged to Jamal Sheikh and the heirs of Jamal Sheikh sold the suit land by two registered deeds of sale dated 26-6-1986 in favour of the plaintiff. The S......ide and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ......issed by the judgment and decree dated 15-6-1986 and against the said judgment and decree, he preferred Other Appeal No.70 of 1986 and, as such, the instant suit is not maintainable. 6. The trial Court upon hearing the parties by its judgment and order dated 17-5-2009 decreed the suit of t......eme Court Appellate Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Nur Mohammad and others...................Petitioner Vs. Mosammat Kamla Khatun and others..........Resp..Category: Civil Law, Procedural Law | Date: 17 Apr, 2014 | Hits: 2
Ibrahim Vs. State, 2014, 43 CLC (HCD)
.... Acid Aparadh- Nari-o-Shishu Nirjatan (Bishesh Bidan) Ain, 1995; Sections: 5(অ) 5(ঈ), 5(ক)& 5(ঙ) It is true that crime like acid throwing is shocking in nature and also, revolting. The crime is against society and humanity, but the prosecution convicted the accused ...... Case No. 6(4) of 1996. 3. The police after investigation submitted charge-sheet under section 326A of the Penal Code accusing FIR named accused Ibrahim. 4. Eventually, the accused was called upon to answer the charge under section 5 (ক)) (ঙ) of the Ain, 1995 to which he pleaded n...... accused with the crime of throwing acid. Prosecution utterly failed to bring home guilt to the accused beyond reasonable doubt…………..(52) Legal evidence in a criminal trial is the evidence of the incriminating facts and circumstances of involvement of the accuse......০২ Acid Aparadh- Nari-o-Shishu Nirjatan (Bishesh Bidan) Ain, 1995; Sections: 5(অ) 5(ঈ), 5(ক)& 5(ঙ) It is true that crime like acid throwing is shocking in nature and also, revolting. The crime is against society and humanity, but the prosecution convicted the ac..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)
....efendant-Respondent-Petitioners Vs. Md. Hebaj Uddin Pramanik and another..........Plaintiff-Appellant-Opposite Parties Judgment April 6, 2014. Result: The rule is made absolute. Presumptive value of 30 years old documents It is true but contents of the exhibit......on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ......t who are in possession paid rents regularly evidenced from exhibit Kha series and paying taxes to the Pourashava as evidenced from exhibit Ta series. 5. Appellate Court reversed the judgment of trial Court. We have minutely gone through the judgment of the Appellate Court and on perusal of the......58. ..Category: Property Law | Date: 6 Apr, 2014 | Hits: 9
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
.... Das J State...........................Petitioner Vs. Shajahan Bepari and others.........Accused-Opposite Parties Judgment April 3, 2014. Result: The Rule is made absolute. Purpose of Section 339C— Speedy Trial Court— The whole purpose of un-a......e is directed to dispose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ...... Rule is made absolute. Purpose of Section 339C— Speedy Trial Court— The whole purpose of un-amended section 339C of the Code was to whip up the prosecution and to make the trial Court more active so as not to delay the trial of a case unnecessarily. The stopping of a case......ourt Division (Criminal Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J Ashish Rani an Das J State...........................Petitioner Vs. Shajahan Bepari and others.........Accused-Opposite Parties Judgment April 3, 2014. Result: The ..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
....ssued in Civil Revision No.1789 of 1999 filed by the plaintiffs. 2. The facts, leading to the filing of this petition for leave to appeal, in a nutshell, are: Abdus Sobhan, the predecessor of petitioner Nos.1-7 as the plaintiff instituted Other Suit No.31 of 1984 in the Court of the S......nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190. ...... who has been running his business in the shop house situated in the disputed land for more than statutory period of limitation and, as such, the suit is liable to be dismissed. 4. The trial Court upon hearing the parties by its judgment and order dated 28-1-1996 dismissed the su...... Supreme Court Appellate Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Bibi Joynab Begum Chowdhury and others………..................Petitioners Vs. Osi Mia alias Osi Mia ..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
State Vs. Arman, 2014, 43 CLC (AD)
....igh Court Division exceeded its norms in admitting the respondent on ad-interim bail against whom there are allegations of committing heinous crime. It is further contended that if an accused person is allowed to remain on bail after committing such heinous crime which shocks ones con......bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ......n enlarging the accused-respondent Arman on ad-interim bail for a period of 6 (six) months in Nari-o-Shishu case No.148 of 2011 pending before the Nari-o-Shishu Nirjatan Daman Tribunal, Narsingdi for trial. We have perused the FIR, the medical report of the victim and other materials on record. ...... period of 6 (six) months in Nari-o-Shishu case No.148 of 2011 pending before the Nari-o-Shishu Nirjatan Daman Tribunal, Narsingdi for trial. We have perused the FIR, the medical report of the victim and other materials on record. 2. Learned Attorney-General argued that the High Court Division ..Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....; Government of Bangladesh and others..........Respondents Judgment March, 2014. Result: Both the Rules are made absolute. Cases Referred to- Bangladesh Vs. Lokman Patwari, 46 DLR (AD) 163. Lawyers In...... legal effect. 3. In writ Petition No.3705 of 2013, vide Rule Nisi so issued under Article 102 of the Constitution of the People's Republic of Bangladesh the respondents have been called upon to show cause as to why the impugned Memo No.স্থাসবি/ইপ/ইউপি-......issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ......; Government of Bangladesh and others..........Respondents Judgment March, 2014. Result: Both the Rules are..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
.... iv. All directors who shall resign pursuant to the judgment and order shall be eligible for re-election, on condition that they are not otherwise disqualified as per provisions of the Articles of Association or any statute or any directive or circular of the regulatory authorities, if any, as the ......eative contribution' to the board. The instant petitioners do not fulfill the aforesaid criteria of the SEC Notification dated 7-8-2012 for independent directors. Hence, the petitioners cannot be called independent/nominated directors in complete contravention of the said Notification; that in t......me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ......e Referred To- Md. Mazakat Harun & Ors. Vs. Export Import Bank of Bangladesh Ltd. 32 BLD (AD) (2012) 115. Lawyers Involved: Sheikh Fazle Noor Taposh with Md. Mehedi Hasan Chowdhury and AKM Rabiul Hassan with Md. Selim Jahangif, Advocates—For the Petitioners. Aktar Imam,..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)
.... No.3987 of 2008 discharging the Rule. 2. The necessary facts for disposal of this Civil Petition for Leave to Appeal, in short, are as follows:- The present petitioners, as heirs and successors of late Mr. AK Faizul Huq filed Succession Case being No.888 of 2007 in the Court of Joint Dist...... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ...... heirs of late Mr. AK Faizul Huq as opposite parties in this succession case and subsequently in transposing them as petitioners in that succession case. The learned Advocate has argued that the trial Court, on consideration of the facts and circumstances, rightly added the other heirs of ......) (2014) 240. ..Category: Civil Law, Procedural Law | Date: 25 Feb, 2014 | Hits: 4
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
....y by pay slip. On 6-10-2009, the date was fixed for auction of the mortgaged property. On this date, the writ-petitioners submitted an application praying for time stating that they have already paid some amount of money and they needed some more time to pay the rest amount. The Bank also filed appl......hereinbefore. The Artha Rin execution case in question (No.560 of 2004) shall stand satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ......mp duty and Taka 45,120 as poundage fee. He has further submitted that the auction purchasers also incurred expenses on other counts such as: 1. Tk.35, 000 for advocate and clerk fee in the trial Court 2. Tk.40, 000 for miscellaneous expenditure in the trial Court 3. Tk.50, 000 f......ourt Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Moklesur Rahman (Md.) and another....................Petitioners Vs. Government of Bangladesh and others.....Category: Others | Date: 24 Feb, 2014 | Hits: 15
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
....ary which is not at all permissible........................(23) Benami Transaction Because of benami transactions, multifarious litigations crop up across the country. Moreover, the persons having the possession of black money take advantage of benami transactions by purchasing p......ary object of the legislative authority is to bring about reformation of the lands in rural area. The preamble must be read with sub-section (1) of section 1 which provides that this Ordinance may be called the Land Reforms Ordinance, 1984. The legislative authority was conscious in not using t......ntiff's case, in short, is that he married defendant No.1, Mrs. Fatema Begum who is a simple house wife had no source of income and dependent on the plaintiff-husband. The plaintiff being an industrialist and with motive to get income tax relief purchased the suit property being urban property i......ent: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J S.N. Kabir...........................................Petitioner Vs. Fatema Begum and others...……………Respondents Judgment February 16, 201..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)
....a brothel The High Court Division found that P.W.1, the informant and P.W.2, the victim and P.Ws.4 and 5 deposed that the accused took the victim with a promise to give her job and without doing so they sold her to a brothel and that there was no contradiction in the evidence of the victim and ......d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995. 5. The case record was transmitted to the Court of the learned Judge, Nari-o-Shishu Nirjatan Daman Bishesh Adalat No.3, Tangail for trial where it was registered as Nari-o-Shishu Nirjatan Daman Case No.150 of 1999. 6. The prose......sain J Md. Imman Ali J Md. Anwarul Haque J Sukur Mahmood and others.......................Petitioners Vs. State......................................Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
....ossain J.- This appeal by leave of the defendants-appellants arises out of the judgment and order dated 20-8-2006 passed by the High Court Division in Civil Revision No.1104 of 1993 making the Rule absolute and reversing the judgment and decree dated 18-3-1993 passed by the learned Additional Distri......s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176. ......h of Nazimuddin, defendant Nos.1-7 inherited the suit land. Therefore, the plaintiffs are not entitled to get any relief according to law. And as such, the suit is liable to be dismissed. 4. The trial Court upon hearing the parties by its judgment and order dated 31-1-1991 decreed the suit. ......ivision (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali Md. Anwarul Haque J Delipjan being dead her heirs: Fazal Haque and other........Appellants Vs. Shahed Badsha and others…………&h..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....ary 3, 2014. Result: The appeal is disposed of with expunction. The compensation can only be paid for such expense, or injury which the claimant suffered by reason of arrest or attachment or injunction. It follows that the claimant has to plead in his petition......t the damage or loss or malice must be proximate result of the order of injunction. There is nothing on record to come to the conclusion that the actions of the appellant were founded on what is called 'an abuse of the process of the Court' or malicious proceedings. They are also r......ant, a school, contested the suit claiming that it was not a defaulter- the monthly rents were being deposited regularly in a rent control suit on their refusal to accept the same. The trial Court observed that the appellant was a defaulter; that the period of lease in respect of the ......Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Loreeto……………........................Appellant Vs. Nasreen Sobhan and another...... ......Respondents Vs. Judgment ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....etitioner" are maintained subject to term Nos. (iii) and (iv). ......... (15 & 17) Case Referred to- Building Finance Corporation Vs. Jahanara Akhtar, 49 DLR (AD) 80; M/s Gannysons Limited Vs. Sonali Bank, 37 DLR (AD) 43. Lawyers Involved: Mahbubey Alam, Senior Advo......isdiction and thus, was a nullity, the High Court Division rightly declared both the mortgage execution case in question and the auction sale held therein illegal and as such, no interference is called for with the impugned judgment and order and the leave petition be dismissed. Mr. Islam has f......issed by the High Court Division on 9 November 1982. The appellant Company, being aggrieved, moved this Court and succeeded in having the appeal (Civil Appeal No. 43 of 1983) against the order of the trial Court rejecting their objection under section 47 of the Code allowed. Appellants filed review ......e J AHM Shamsuddin Choudhury J Selim Hossain (Md.)...………………..............Petitioner Vs. Shahabuddin Ahmed and others .............Respondents Judgment &nb..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
Pannu @ Md. Pannu Mia & others Vs. State, 2014, 43 CLC (HCD)
.... investigation is required for collection of further evidence. On behalf of the state an application was filed for further investigation stating that the investigating officer left out some eye witnesses in respect of the offence. Moreso, he failed to record the statements of some imp......ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ......police after investigation submitted Charge-Sheet accusing the petitioners as accused under sections 143, 148, 307, 323, 325, 387, 380 of the Penal Code. 4. Eventually, the case was taken up for trial by the learned Additional District Magistrate, who by the order dated 28-3-2000 framed charge ......;……………………. (10) Lawyers Involved: No one appears—For the Accused Petitioners. Sakila Rowshan, DAG with Sharmina Hague, AAG and Md. Sarwardhi, AAG—For the State Opposite Party. Criminal Revision No. 585 of 2000. ..Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
....hellip;……................Petitioner Vs. Md. Abdul Latif Bhuiyan........................Opposite-Party Judgment January 30, 2014. Result: The Rule is made absolute. Small Causes Court Act (IX of 1887); Section 15(2) (3) Jurisdiction of Small Cause...... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ......e filed before the High Court Division. 11. In the case of Majid Biswas Vs. Adiluddin Shaikh reported in 12 DLR 380, it has been held that when a Small Cause Court suit is not tried as such, the trial is not rendered invalid; but it will retain its real character and its decree will not be appe...... Rule is made absolute. Small Causes Court Act (IX of 1887); Section 15(2) (3) Jurisdiction of Small Causes Court— Subject to the exceptions specified in the second schedule and to the provisions of any enactment for the time being in force, all suits of a civil nature..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....lants Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others..............Respondents Judgment January 30, 2014. Result: The appeal is dismissed. When a property sold with a condition of repurchase in the same deed in that event a question may arise as to whethe......he transaction is a complete usufrutuary mortgage as the right of repurchase was up to 25-11-1972 and President's Order No.88 of 1972 came into effect on 3-8-1972 and, as such, no interference is called for. 11. We have considered the submissions of the learned Advocates, perused the impugn......e. 4. The learned Subordinate Judge (now Joint District Judge) upon hearing the parties by his judgment and order dated 31-7-1986 decreed the suit. 5. Against the judgment and decree of the trial Court, defendant Nos.1-6 preferred Other Appeal No.494 of 1986 before the learned District Jud......66 DLR (AD) (2014) 162. ..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Mortuz Ali Khalifa Vs. Jobeda ® Kalu Bibiand others, 2014, 43 CLC (AD)
....tiffs' witnesses for cross-examination It is a cardinal principle of law that every party to litigation must be given opportunity to place his case with relevant evidence. It is also an established principle and a requirement of law that a party to the suit may be given the oppor......ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ......ant evidence. It is also an established principle and a requirement of law that a party to the suit may be given the opportunity to call witnesses and produce any evidence at any time during the trial. The trial does not finish until pronouncement of judgment…………. (5...... (Civil) Present: Syed Mahmud Hossain J Md.lmman Ali J Md. Anwarul Haque J Mortuz Ali Khalifa............Appellant Vs. Jobeda ® Kalu Bibiand others...........Respondents Judgment January 29, 2014. ..Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1
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