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New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......gency Ltd. was there corded tenant. The questions raised by the learned Counsel relate to the title of the appellant-company which depend on facts which are in dispute and can only be settled after full evidence has been properly taken. Mr. Sultan Hossain Khan, the learned Deputy Attorney General ......or the standing forest was also realised from the appellant-company which has since then been in peaceful possession of the land after reclaiming and improving the same at a huge cost. In 1969 the management of the Ramgarh Tea Estate was taken over by the Government of Pakistan under memo No.7(162..Category: Property Law | Date: | Hits: 87
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
.... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ...... the decree is barred by express provision of Artha Rin Adalat Ain, 2003 (briefly "the Ain"). Subsequently a supplementary affidavit is filed by the petitioner-bank wherein the facts and law are more fully stated in support of its point. In the supplementary affidavit specific sections i.e., section......d Title Suit No.27 of 1995 in the Court of learned Joint District Judge and Artha Rin Adalat No.3 Dhaka against the defendant-opposite parties for recovery of its outstanding dues by selling the mortgaged property. Later on, the said suit was re-numbered on transfer as Title Suit No.54 of 1998 in th..Category: Civil Law | Date: | Hits: 141
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......f Court are nothing but provisions intended to secure the proper administration of justice, and it is therefore essential that they should be made to serve and be subordinate to that purpose, so that full powers of amendment must be enjoyed and should always be liberally exercised, but nonetheless n......aration of plaintiffs title in the suit holding can be allowed by amending the plaint under Order 6 rule 17 of the Code of Civil Procedure which has been worded as follows: "The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such..Category: Property Law | Date: | Hits: 151
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......uddin was that of an occupancy raiyat and as such was protected under section 160 of Bengal Tenancy Act, that the plaintiffs failed to prove that the Kabuliyat. Ext. 3, was executed by Mainuddin with full knowledge of its contents or that it was acted upon by Mainuddin by paying rent and that the Da...... with the predecedessor of plaintiffs No.1 to 18, and plaintiff No.19 off behalf of himself and on behalf of plaintiff No.20, on the basis of a registered Kabuliyat of the said date. Taking advantage of the wrong recording of the father's name of Mainuddin in the record-of-right defendant No.10 ..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......e were of the opinion that for the convenience of the parties and justice of the case this application for leave might be disposed of finally without formally admitting it as an appeal, after given full hearing to the learned Counsel appearing for the parties. 3. Learned Counsel for Respondent......8-3-77 and the matter relating to temporary injunction was fixed for hearing on 5-3-77. But the temporary injunction matter could not be heard on 5-3-77 as the Presiding Officer of the Court was engaged otherwise and it was heard on 8-3-77. It may be noticed that the matter relating to the maintai..Category: Civil Law | Date: | Hits: 111
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......ra highway. He used to reside in southern room and keep his goods in the northern room of the shop. He kept twenty-two kerosene barrels at courtyard of the shop. Out of the said barrels nineteen were full and three were empty. In the previous night at about 8 p.m. his nephew Ayez and the Chairman of......and threatened him to kill like Jabber, whom he (I.O.) had killed earlier. Still appellant No.1 did not agree to make any statement. Then the I.O poured chili-mixed water into his nostrils. At that stage he had no way but to make the statement. Appellant No.2 in his statement under section 342 of th..Category: Criminal Law | Date: | Hits: 105
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ......ass during their educational career. Section 56(3)(kha) gives the petitioners the opportunity to apply for posts under the University as teachers or officers, in which event the condition relating to age would be relaxed arid their existing salary would be preserved. The learned Counsel further subm..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....e as it transpires from the trend of cross-examination of the PWs and the suggestions put forward to the PWs is that victim Answer Mallik sustained head injury from the house of one husband abandoned woman namely Dalim and the accused has been falsely implicated in the case due to previous enmity. ......cused Jahangir Mallik struck the fatal blow on the head of victim Ansar Mallik with a Ramdao and other accused persons also beat him causing his death. Above ocular evidence of competent witnesses is fully supported and corroborated by the relevant documentary evidence like inquest report (Exhibit 8......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..Category: Criminal Law | Date: | Hits: 87
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
.... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ......he heirs of Joberar Nessa, CS recorded tenant. 24. In the fact and circumstances of the case and the material evidence on record, both oral and documentary, we find that the plaintiffs have successfully proved their case by cogent and reliable evidence and, as such, they are entitled to the relie...... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ..Category: Property Law | Date: | Hits: 71
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......notice for payment of loan and on one occasion, she went to the Bank with her husband, but she did not inform the matter to the Bank that she did not take loan by opening any account. Rather, she had fully endorsed and acknowledged the loan which stood in her name at the relevant time. In fact, she ....... 3, Dhaka, in Title Suit No. 209 of 1990 dismissing the suit. 2. The Pubali Bank as the plaintiff, filed the above mentioned suit for realisation of loan money sanctioned under a usufructury mortgage against the defendants contending that the defendant No. 1 Mrs. Farzana Begum opened an account ..Category: Civil Law | Date: | Hits: 116
Jaymala Baroy @ Shamsun Naher Vs. Dilip Kumer Baroy, 2009, 38 CLC (HCD)
....st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48.......st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48.......s Case No. 14 of 2003 for default. 2. Material facts are that plaintiff instituted Family Suit No. 333 of 2002 in the Family Court, Dhaka against the defendant for custody of his male child Shajib aged about 21/2 years. The trial Court by the judgment and decree dated 9-6-2003 decreed the suit ex..Category: Civil Law | Date: | Hits: 130
....e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......l. 2, 551, where the Court held:
"What I think the authorities show, as must be right, is that an arbitration conducted by a tribunal of several arbitrators necessarily requires a joint process of full and complete adjudication by all of them, so that the ultimate award represents the state of mi......tory Jurisdiction)
Present:
Zubayer Rahman Chowdhury J
Saudi Bangladesh Services Company Ltd...........Petitioner
Vs.
Saudi Arabian Airlines Corporation, represented by its Country Manager...........Respondent
Judgment
January 5, 2009.
Result:
The Award is hereby set asid..
Category: Alternative Dispute Resolution | Date: | Hits: 385
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
....hers. Kala Mia is not a witness in this case and the villagers who lived surrounding the jute field were also not witnesses in the case and there is nothing on police record to show that Hazera was a woman of bad character. According to him, accused Aroj Ali Sarder is a vendor and against him ther......ice was not competent to investigate and submit the charge-sheet without permission of the Court. There is also substance in this contention of the learned Advocate which needs to be considered carefully. 22. Under the provision of section 155 of the Code of Criminal Procedure when a police off......n and sentence was without jurisdiction. 6. Mr. Md. Matiur Rahman Khan, the learned advocate appearing for the State, on the other hand, has submitted that the ‘Ail’ of a jute field in a village is not a secluded place but a place through which public walks from one end to the other as it i..Category: Criminal Law | Date: | Hits: 76
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....guilty for committing unnatural offence under section 377 of the Penal Code which has been defined as follows. "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either descri......orance of the established principle of Criminal jurisprudence. The learned appellate Court also has not arrived at any independent finding of its own after due consideration of the evidence, rather fully depended on the finding of the trial Court and thus the appellate Court also committed err......the matter to his brother and mother. As the father of P.W.1 was not then at home the First Information Report was lodged on his return after two days on 7.5.82 when the daroga was passing by the village. There was also Salish which ended without any result. 3. The police after investigation su..Category: Criminal Law | Date: | Hits: 92
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......rit-petitioner was cancelled on 4.12.2004 and on the same date (4.12.2000) the land in question was allotted to one Abu Bakar Siddique. The High Court Division was in seisin of the matter and knowing fully well about the issuance of Rule, respondent No.4 by his letter under Memo No. n¡M¡-9/1-22/20......dent No.7 by way of purchase from its original owner Amena Khatun and others. The writ-petitioner also suppressed the fact that R.S. Plot No. 1101 is adjacent to R.S. Plot No.1435 and is the only passage of the writ-respondent No.7 for his ingress and egress from the other adjacent private land owne..Category: Property Law | Date: | Hits: 79
....found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 18 MLR (AD) (2013) 1.
...... the High Court Division in Writ Petition No.7625 of 2009.)
Judgment
Surendra Kumar Sinha J.- Leave was granted to consider the question whether the High Court Division was justified in giving full relief to the writ petitioners without affording the appellants an opportunity of being heard a......to consider the other judgments of the High Court Division, if there be any.
6. In that case, it was urged on behalf of the Government that some of the writ petitioners did not attain the minimum age for appointment in the service of Republic and some of them were already over aged for being app..
Category: Others | Date: | Hits: 138
Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)
....tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ......the plaint. He further submits that the High Court Division failed to consider that the petitioner being aggrieved by the misjoinder of parties and the causes of action moved the petition but it gave full relief to the plaintiff despite the fact that it did not pray either in the Artha Rin Adalat or......tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 112
Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)
....ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ......ning matter in powder form in retail packing of upto 2.5 Kg was 20% ad valorem and in powder form in bulk imported in bags was 40% ad valorem under SRO No.157 dated 12-6-91 tariff value of tin packed full cream and half cream milk powder per Kg was Taka 90.00 and tariff value of fat free milk powder......ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ......iversity and Registrar, Dhaka University respectively by filing an affidavit-in-opposite denied the material allegations made in the writ petition and claimed that the petitioner was transferred as a full time employee under the Health Directorate. Therefore, he cannot remain as a Dean of the Facult......e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ..Category: Employment/Service Law | Date: | Hits: 120
....on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
......n objection denying all the material averments of the pre-emption petition and contended, inter alia, that notice of the disputed transfer was duly served upon the petitioners’ father Abul Hossain, full brother of the vendor, and he was fully aware of the disputed sale. It was further contended th......on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
..
Category: Property Law | Date: | Hits: 78
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