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....……Petitioners.
Vs.
Deputy Commissioner, Sariatpur, District Sariatpur and others………Opposite Parties
Judgment
April 13, 1992.
Result:
The rule is made absolute.
Case Referred to-
Sashi Mohan Sen Vs. Ainullah, 1992 BLD (AD) 8.
Lawyers I...... the defendant‑opposite parties have got sufficient opportunity to obey the decree but they wilfully failed to obey it and as such an action under Order 21 rule 32 of the Code of Civil Procedure is called for in the present case.
12. It may be further mentioned that after issuance of the rul......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...
Category: Property Law | Date: | Hits: 123
Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)
....…………Petitioner Vs. Commissioner, Chittagong Division, Chittagong and others………………Respondents Judgment May 4, 1992. Result: The Rule is made absolute. Case Referred to- Dr. Nurul Islam Vs. Bangladesh represented by the Secretary, M......d in reply that as a matter of fact Naithong Mouza being nearer and well connected with the Head quarter of Thanchi Upazila, the inhabitants of Naithong Mouza themselves through their village leaders called Karbaries and others working in the representative capacities including the MP of Bangladesh,......ithout lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 539...Category: Others | Date: | Hits: 171
Ator Ali and others Vs. State, 1989, 18 CLC (HCD)
..... Having had heard this P.W.1 Shahid, his mother P.W.2 Maleka Bibi, his brother P.W.5 Abul Kashem, sister P.W.4 Johura and cousin sister P.W.14 Shaheda @ Sazedha rushed there and found the accused persons to butcher Babor Ali with a Dao. He also said that Jilani had a rifle while Piar Mia had a pist......essional statement under section 164 CrPC which will be considered later on. P.W.11 Sukur Ali stated before the Court that on 27.5.76 Babor Ali was in front of the shop of Bachu when accused Piar Mia called Babor Ali saying “দোস্ত পান খাইয়া যাও” and when Babor Ali......iar Mia and the non‑appealing convict Siddique should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ..Category: Criminal Law | Date: | Hits: 145
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....udgment and decree dated 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 Batiagh...... lease of both the Chars in their totality from the government by executing four Kabuliyats. The Kabuliyat executed by Kali Kanta Chaterjee has not been produced in Court as because in spite of being called for the government who is supposed to be in custody of the same, did not file it. But the oth...... recognised or declared by a competent authority or Court under any law for the time being in force. This provision of law was also given retrospective effect by insertion of the words 11 whether the loss of such land or portion by diluvion took or takes place before or after the commencement of Sta..Category: Property Law | Date: | Hits: 118
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....People's Republic of Bangladesh to show cause as to why the New Delhi Tripartite Agreement signed by the then Foreign Minister, Dr. Kamal Hossain, Respondent No.4, on 9th April, 1974 releasing 195 Prisoners of War (POWs), identified as perpetrators of crimes against humanity, shall not be declared t......tion of law or the Constitution. Apart from that the petitioner has no substantive interest herein. In addition, an international agreement which was acted upon more than three decades back cannot be called in question in Court. The instant application is a misconceived and has been preferred wit...... 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
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....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 be evicted and was also directed the defendant-tenant to vacate the suit premises upon removing all the structures co......্ষ প্রথম পক্ষকে প্রদান করবেন।” the tenant is to pay the rent accordingly and the time fixed in the law (section 18(5) (Ka)) does not require to be called into and in case the tenant fails to pay accordingly, he becomes a defaulter. It is the speci......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...Category: Tenancy Law | Date: | Hits: 190
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
....d-petitioner admittedly executed bainapatra in favour of the complainant and thereafter suppressing the existence of that bainapatra executed two separate powers of attorney in favour of two other persons in respect of the same land. In this regard, the High Court Division observed that this allegat......h relationship the accused-petitioner got allotment of a piece of land measuring 40 square meters of Section-2, Mirpur, Dhaka, in terms of allotment letter dated 23.04.1996 under a Government Project called “ঢাকা শহর অবকাঠামো উন্নয়ন প্রকল্প...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 90
State Vs. Md. Kamal Uddin alias Pichchi Kamal, 2012, 41 CLC (AD)
....ccused Kamal Uddin was taken on remand in connection with Muradnagar P.S. Case No.7 dated 18.12.98 and during his interrogation on 16.08.2002 at about 11.00/12.00 hours disclosed that he himself kept some illegal Arms at his new homestead before his arrest; that on the aforesaid disclosure the infor......by the police on 17.08.2002 at about 4.15 a.m. in the presence of seizure list witnesses. However, we note that the High Court Division observed that none from the vicinity of the said occurrence was called by the police to witness the search and seizure. The High Court Division also pointed out dis......legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 119
Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)
....ivil petition for leave to appeal is directed against the judgement and order dated 06.08.2009 passed by a Division Bench of the High Court Division in Writ Petition No.6501 of 2008 making the Rule absolute with a direction to the writ respondents to consider the cases of promotion of the writ petit......submits that the respondent Nos.1-29 as writ petitioners were sent for training by mistake although there was an office order to that effect, and when the mistake was detected the respondents were re-called from training and the same is an administrative decision, but the High Court Division wrongly......ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 222
....idge and the construction of superstructure of Daratana Bridge. Work orders for the above works have been issued on 10‑2‑2000, 15‑2-2000, 14‑11‑1999 and 7-6-2000 respectively and cost of some of the works is about Taka 80 crore. The work orders have been annexed as Annexures B, B(3) to......g huge number of gunny and poly bags filled with sand/sandcement.
4. After the flood the Roads and Highways Department ordered an investigation by consultants ie Bangladesh Consultants Ltd, and called for a report. A committee was appointed on 10‑10‑1999 and the Consultants submitted rep...... and Superintending Engineer, Bridges. During the site visit the authority opined that due to removal of sand during the last flood some of the piers were, threatened and it was directed to assess loss and to take necessary action Vide Annexure D. The concerned Ministry constituted a 3‑member..
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
.... Bogra. 2. It is stated in the application that respondent No.1 is a private limited company, Petitioner No.1 and respondent Nos.2 and 3 were the subscribers to the Memorandum and Articles of Association of the Company along with others who have since ceased to be the members of the Company ex......general meetings of the Company. Mr. Mahmood submits that this application is maintainable as the petitioners are praying for deleting the names of respondent Nos.2, 3 and 4 with regard to their so‑called enhanced 1,51,000 shares. I find force in the above contention of Mr. Mahmood. It appears to ......mentioned in the notice and signed the attendance sheet. Respondent No.2, after obtaining the signatures of the Petitioners, concluded the meeting without presenting any balance‑sheet or profit and loss account of the company, without appointing any auditor and without discussing anything at all d..Category: Company Law | Date: | Hits: 225
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....spect of the petitioner Dr. M. B. Rahman bearing I.R. No.7633/TC-VI. 2. Shortly stated the facts of the case are that the petitioner who is an income-tax assessee and a retired Government official sold his land with some structures at Banani Model Town and applied for gain tax clearance certifi...... Dhaka for effecting sale of the said property. He made it clear that he was going to invest the entire sale proceeds in an industrial undertaking which was in the process of being set up. It will be called Alam Industries Ltd. As such the petitioner will get exemption from payment of gain tax under......herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 170
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....e a decision to do the business of N.O.C.-visa. Accused subsequently said in Qatar that he had arranged for one N.O.C. permit and to complete formalities of the permit he wanted to have a loan of some money from the complainant but the complainant expressed his inability. The cunning accused o......ed I remained absconding, the Chief Metropolitan Magistrate asked the sureties to produce him in Court within 21.04.1985. But on 18.04.85 the Sessions Judge, Chittagong stayed further proceedings and called for the record in Criminal Motion No.261/85. 6. In the petition before this Court the case......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. ..Category: Criminal Law | Date: | Hits: 362
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
............Respondent Judgment April 28, 2010. Result: The appeal is dismissed. Cases Referred to- Hazrat Ali Vs. Election Commission, 41 DLR 486; Darbari Lal Mudi Vs. Raneeganj Coal Association Ltd., AIR (31) 1944 (Patna) 30; Waverly Jute Mills Co. Ltd. Vs. Raymon and Company India (......urisdiction of the Arbitrator so the point, in the instant appeal, for determination is whether the appointment of the sole Arbitrator under section 12 of the Act by the learned District Judge can be called in question after the award is passed upon hearing the parties, without any objection on such......nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....tempt of Courts Act 1926 to take cognizance in respect of contempt of itself and contempt of courts subordinate to it. The instant application is not only under the Contempt of Courts Act, 1926 but also, under Article 108 of the Constitution of Bangladesh. Article 108 of the Constitution of Banglade......6 and on completion of the enquiry submitted his report to the Government of Bangladesh. The report of the Commission was published by the Government of Bangladesh. Thereafter, a press conference was called and the same took place at the National Press Club, Dhaka where it is alleged that opposite p......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535...Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....Md. Abdul Mannan J Serajul Alam Khan……………...Petitioner Vs. State ……………..Opposite Party Judgment July 23, 1992. Result: The Rule is made absolute. Cases Referred To- Syeda Rezia Begum Vs. The People's Republic of Bangladesh, 40......of the country. While drawing the attention to the photo copy of the paper cuttings annexed with the counter‑affidavit as Annexure 'A’ the learned Counsel for the petitioner submits that the so‑called news is not based on facts and materials and, furthermore, it is not disclosed as to whethe......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...Category: Criminal Law | Date: | Hits: 156
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
....nd 2 others as defendants. 3. The plaintiffs case is that the suit land originally belonged to Sk. Munshi and Bahar Ali in 8 annas share each. After their death the land devolved upon their 3 sons and 2 daughters. The 3 sons are plaintiff Nos. 2 to 4 and two daughters are proforma defendant ...... whose suit has been dismissed for default, may apply for an order to set aside the dismissal and if he can satisfy the Court that there is sufficient cause for his non‑appearance when the suit was called for hearing, the Court may make an order setting aside the dismissal upon such terms as to co......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. ..Category: Civil Law | Date: | Hits: 166
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
.... Pubali Bank Limited…….......Petitioner Vs. Ershad Ali Fakir and others ............Opposite Parties Judgment August 30, 1990. Result: The rules are made absolute. Cases Referred to- Md. Shahabuddin Vs. The Janata Bank, 41 DLR 94; Senior Manage...... principles enunciated in the Senior Manager, Dosta Textile Mills Ltd Vs. Sadhangsu Bikash Nath were correctly applied to the fact situation in Md. Shahabuddin Vs. The Janata Bank, 41 DLR 94. He also called in aid the rule that a later provision overrides an earlier one. 8. The Standing Orders......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589...Category: Labour and Industrial Law | Date: | Hits: 176
Bengal Steel Works Limited Vs. Registrar of Joint Stock Companies and Firms, 1995, 24 CLC (HCD)
....al general meeting could not be held as the balance sheet, profit and loss account was not ready to be laid before the company in the annual general meeting as required under Article 172 Article of Association of the company or even after the time was extended by the Registrar of Joint Stock Company......referred to as the Company, the company was incorporated as a public company on 4th March, 1963. It is stated by supplementary affidavit that the annual general meeting for the year 1994 could not be called within 30.9.94 for adoption of the Audited Accounts and balance sheet of the company for 1993......, was not ready it could not to be placed before the meeting held on 28th December, 1994. Since one of the matters to be considered in the 29th annual general meeting is the balance sheet, profit and loss account for the year ending 1993, the meeting was adjourned. The meeting was not held and hence..Category: Company Law | Date: | Hits: 358
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....ent No.1. First Miscellaneous Appeal No.107 of 1994 Judgment Md. Mozammel Hoque J.- This First Miscellaneous Appeal, at the instance of Mr. SA Alim, President of the Joypurhat District Bar Association, is directed against the Judgment passed by the Bangladesh Bar Council Tribunal No.1 dated......must be an original document first. When an original document is substituted by, another fabricated document, or if a document is created by a fictitious person and not by a genuine person, it may be called a forgery. In the present case, we do not find any original resolution which was allegedly re......ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ..Category: Others | Date: | Hits: 139
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