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Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
....ing to Mosque, then he came to know from Lal Miah, cousin of Shahid Master that at the night about 12-00/12-30 O'clock some unknown persons killed Shahid Miah by shooting and after completion 'Fazar' prayer he went to the house of Shahid Miah and saw the dead body and on 19-6-1994 at about 2-00 PM p......learned Additional Sessions Judge, 2nd Court, Brahmanbaria in Sessions Case No.121 of 1996 convicting the appellants under sections 302/34 of the Penal Code and sentencing them to suffer imprisonment for life with a fine of Taka 10,000 each, in default, to suffer rigorous imprisonment for 6(Six) mon...... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242....... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242...Category: Criminal Law | Date: | Hits: 112
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
.... that under Paragraph 910 of the Jail Code the present petitioner is entitled to have the Division-I in the Dhaka Central Jail. But the Chief Metropolitan Magistrate arbitrarily has been refusing the prayers by not following the provisions of Paragraph 910 of the Jail Code runs as follows: “910......ood record of service and reputation. He comes of an enlightened distinguished well-to-do Muslim family of this country. The petitioner was arrested by the Police on 13-8-1996 in connection with the aforesaid case. At the time of his arrest he was serving in the Ministry of Foreign Affairs as Direct......tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283...Category: Criminal Law | Date: | Hits: 105
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....ase No.7 of 1979 filed application to resist the same by substituting them as heirs of MA Nasir. But being unsuccessful they (defendant-respondents) filed Title Suit No.269 of 1987 with the following prayer: (a) that a decree declaring that the plaintiffs are the sole legal heirs and successors o......cted against the judgment and decree dated 9-5-95 passed by the learned Subordinate Judge, First Court, Dhaka in Money Suit No.16 of 1991 dismissing the suit. 2. The plaintiff-appellant filed the aforesaid money suit alleging, inter alia, that one MA Nasir, husband of defendant-respondent No.1 an......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280...Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....respondent created the second sale agreement and took her signature therein by force. The learned Advocate for the defendant-appellant also submits that in the facts and circumstances of the case the prayer for specific performance of contract should be refunded on the ground of hardship as contempl......st Court, Dhaka in Title Suit No.201 of 1994 decreeing the suit. 2. The respondent as plaintiff filed Title Suit No.617 of 1978 in the First Court of Subordinate Judge, Dhaka against the appellant for specific performance of contract namely, the agreement of sale dated 23-1-1978 alleging, inter a......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ..Category: Civil Law | Date: | Hits: 148
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....al Judge, Court No.4, Dhaka. The accused-petitioner moved an application under section 241A of the Code of Criminal Procedure for discharge. The learned Special Judge, Court No.4, Dhaka, rejected the prayer for discharge and framed charge against the accused-petitioner and another on 6-7-2009 and be...... calling upon the opposite-party to show cause as to why the impugned order of framing of charge dated 6-7-2009 passed by the learned Special Judge, Court No.4, Dhaka, rejecting the application filed for discharge of the accused-petitioner under section 241A of the Code of Criminal Procedure in Spec......me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ......me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ..Category: Criminal Law | Date: | Hits: 84
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....the petition of complain took cognizance of the case against the accused petitioner under section 138 of the Negotiable Instruments Act, 1881. The accused petitioner surrendered before the Court with prayer for bail and he was enlarged on bail. There after the case has been transferred to the Court ......f 2007 under section 138 of the Negotiable Instrument Act, 1881 now pending in the Court of the learned Additional Metropolitan Sessions Judge, Chittagong should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that, the complainant opposite party No.2 Islami Bank Ba......g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ..Category: Civil Law | Date: | Hits: 150
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....poration. Mr. Nurullah then submits that the suit itself is not maintainable and the Courts below erred in law in not holding that the suit is hit by section 42 of the Specific Relief Act for want of prayer for consequential relief. The learned Advocate also submitted that the decree as passed being...... Result: The Rule is discharged. Cases Referred to- Helaluddin Ahmed Vs. Bangladesh, 45 DLR (AD) 1; Manager, Personal Division Vs. Md. Sazaban Miah & others, 35 DLR 224; Civil Petition for Special Leave to Appeal Leave (CPSLA) No.299/83; Dhunat Degree College and others Vs. Md. Abdus ......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ..Category: Employment/Service Law | Date: | Hits: 182
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....nd proper that this Court exercises its extra‑ordinary jurisdiction to come in aid of the Administrator General and Official Trustee by allowing him to sell in order to preserve it in long run. The prayer for sale of the property mentioned in schedule 'A' is thus allowed and so also the sale of pr......itioner. No one- For the Opposite Parties. Application No.2 of 1988. Judgment Anwarul Hoque Chowdhury J. -This application under section 11(1) of the Administrator General's Act, 1913, is for permission to sell trust properties of the estate of Rai Bihari Lai Maitra Bahadur, a Zamindar a......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268...Category: Trust/Waqf Law | Date: | Hits: 166
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....lection of the said Union Parishad on the allegation that the respondent No.7 having been a Government servant contested the said election. But the Chief Election Commissioner ultimately rejected the prayer holding that the same point could be agitated before the Election Tribunal. 3. The result ......irman and members of Chanpur Union Parishad within Thana Mehendiganj. District Barisal was declared by the Government to be held on 5-10-92. The respondent No.5 was appointed as the Returning Officer for conducting the said election and he notified the dates of filing nomination papers, scrutiny of ......l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ......l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ..Category: Election Law | Date: | Hits: 154
Abul Kalam Azad (Md.) and others Vs. Md. Kamrul Hasan and others, 1997, 26 CLC (HCD)
....in a partition suit the defendant petitioner filed an application for rejection of the plaint under Order 7 rule 11(a) CPC on 21‑4-93. The learned Assistant Judge by the impugned order rejected the prayer. Being aggrieved the defendant moved this Court and obtained the Rule. 2. Mr. Md. Khurshid.......- This Rule is directed against the order dated 2-3-94 passed in OC Suit No.33 of 1989 by the 1st Court of Additional Sessions Judge, Tangail rejecting the application under Order 7 rule, 11 (a) CPC for rejection of plaint. In a suit for cancellation of the decree passed in a partition suit the def...... stay granted at the time of issuance of the Rule is vacated. Let a copy of the order be sent to the Court concerned immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 259. ...... stay granted at the time of issuance of the Rule is vacated. Let a copy of the order be sent to the Court concerned immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 259. ..Category: Procedural Law | Date: | Hits: 85
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....ct that both the pre-emptor and pre-emptees are co-share by purchase hence petition under Order VII Rule 11(d) of the Code of Civil Procedure in maintainable. In the alternative he has made a further prayer that if it is decided otherwise the learned Assistant Judge be directed to frame an issue on ......ha, Khulna allowing an application under Order VII Rule 11(d) of the Code Civil Procedure. 2. At the time of issuance of the rule, operation of the impugned judgment and order was stayed initially for a period of 6(Six) months from date and later on it was extended till date. 3. Facts, relevan......ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ..Category: Procedural Law | Date: | Hits: 88
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....d as Artha Rin Suit No.32 of 2004. After the Artha Rin Adalat Ain, 2003 (the Ain, 2003) came into force on 1st May, 2003 settlement conference was also held under section 21 of the Ain, 2003 on the prayer of the Bank. The appellant as defendant No.1 filed an application on 20-8-2004 before the Art...... None Represented—For Respondent Nos. 1 and 3-5. Civil Appeal No.176 of 2010. (From the judgment and Order dated the 8th day of April, 2009 passed by the Appellate Division in Civil Petition for Leave to Appeal No.516 of 2008) Judgment Md. Abdul Wahhab Miah J. - This appeal has arisen......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ..Category: Civil Law | Date: | Hits: 138
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....d articles i.e. heroin, he found prima facie case as against all the 3 accused and submitted charge sheet against them under section 19(1) (Ka) of the Madhak Drabbya Niyantran Ain on 19.11.90. On the prayer of the accused, they were granted bail by the Magistrate before whom they were produced. Ther...... absconding co-accused namely Nurul Islam and Md. Bahar under section 19 (1)(Ka) of the Madhak Drabbya Niyantran Ain, 1990 (Act 11 of 1990) and sentencing each of them to suffer rigorous imprisonment for 2 years. 2. The prosecution case, as made out in the FIR lodged with the Mirpur Police Statio......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61.......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61...Category: Criminal Law | Date: | Hits: 81
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
....er to the Chittagong Port Authority on various pretext for adjusting contract price of Taka 17,52,58,538 to 27,27,02,614 for Bangladesh currency. The 2nd party Chittagong Port Authority refused the prayer for adjustment of the price. Thereafter 1st party by his letter dated 25-7-2005 requested Chi...... to set aside the award dated 9-3-2006 passed by the Arbitral Tribunal thereby disallowed the Miscellaneous Case No.160 of 2006. 2. Material facts are that Chittagong Port Authority invited tender for construction and delivery of 2(two) fast patrol boats for Bangladesh Coast Guard. Tender notice ...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
.... aspect; that the evidence of the crosses examination is essential for arising at a just decision of the case and the learned Sessions Judge, Moulvibazar without considering the same has rejected the prayer for recalling the witnesses; that by rejecting the prayer for recalling the witnesses, the le......section 156 Section 540 CrPC empowers the Sessions Judge or any Court to examine or re-examine a witness at any stage of the proceeding if the evidence of such a witness appears to him essential for the just decision of the case. The purpose of section 540 of the Code is not to help any part to......f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ..Category: Criminal Law | Date: | Hits: 97
Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)
....itted that they were producing the design from long before the date of their application which indicates that the design is not new. The learned Advocate contends that previously the opposite party's prayer for Trade Mark of the word 'National' was rejected even upto the High Court Division in Trade...... Judgment Mahmudul Amin Chowdhury J.- This application under section 51A of the Patents Designs Act, 1911 has been preferred by petitioner Abdul Khaleque, proprietor of Khaleque Enginewing Works for cancellation of registered design No.00661 dated 4‑1‑89 in the name of National Fans Ltd. ......rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453.......rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453...Category: Intellectual Property Law | Date: | Hits: 257
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
....e fact that he has not executed the alleged Bainapatra by putting LTI, the onus probandi lies on the plaintiffs shoulder to prove his case, that the defendant No.1 executed the same, through making a prayer before the Court for an examination of the alleged LTI of the defendant No.1 by a hand writin......Suit No.38 of 1998 in the Court of Assistant Judge, Sadarpur, Faridpur on 28-4-1998, against the defendant No.1 Naimuddin Molla @ Naba Molla and the Government of Bangladesh as defendant No.2 praying for specific performance of contract, stating, inter alia, that the defendant No.1 Naimuddin Molla h...... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ...... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ..Category: Procedural Law | Date: | Hits: 120
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....ny cause by filing any affidavit-in-opposition. In the meantime the petitioner filed a supplementary affidavit bringing on record certain facts which occurred in the meantime and made some additional prayers. All the 3 respondents, namely, respondent Nos. 3‑5, have promptly filed affidavit‑ in-o......ocates ‑ For the Respondent No. 4. Abdur Razzaque with Md. Nawab Ali, Advocates ‑ For the Respondent No. 5. Writ Petition No. 1001 of 1994. Judgment Qazi Shafiuddin J. - Election for the members of the Parliament if held under the umbrella of the ruling party cannot be free and ...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ..Category: Constitutional Law | Date: | Hits: 344
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
.... preferred against order dated 5‑10‑1997 passed by the learned Election Tribunal, Dhaka Division, Dhaka in Election Petition No.2 of 1997. The Tribunal by the said order rejected the petitioner's prayer for dismissal of the said election petition. 2. It is case of the present petitioner that ......red against order dated 5‑10‑1997 passed by the learned Election Tribunal, Dhaka Division, Dhaka in Election Petition No.2 of 1997. The Tribunal by the said order rejected the petitioner's prayer for dismissal of the said election petition. 2. It is case of the present petitioner that opposit......hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ......hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ..Category: Election Law | Date: | Hits: 247
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ier correspondence has been accepted to be correct and lawful by the petitioner and, as such, it cannot escape legal consequences to follow for their non-compliance of SEC's instructions in time. The prayer, incorporated in the Writ Petition, at least in respect of the notice for showing cause is to...... the issuance of the Rule Nisi, in brief, are: The petitioner is a public limited company by shares and registered under the Companies Act, 1994. The petitioner-company was granted the certificate for commencement of business by the Registrar of Joint Stock Companies and also granted the licence ...... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91....... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91...Category: Business or Commercial Law | Date: | Hits: 237
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