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Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248....... owner in the case holding as a co-sharer by inheritance as well as purchase. The opposite party Nos.2 and 3 mortgaged a part of their share inherited from their father, Rangu Mia to Rafiqul Islam, full brother of the opposite party No.1 on 8.3.1973 for a period of 15 years. Recently Rafiqul Isl......gistered kabala dated 30.1.1974 and handed over possession and the petitioner became owner in the case holding as a co-sharer by inheritance as well as purchase. The opposite party Nos.2 and 3 mortgaged a part of their share inherited from their father, Rangu Mia to Rafiqul Islam, full brother o..Category: Property Law | Date: | Hits: 91
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......ckground of the case, let us consider the facts and circumstances of the case to decide the question of sending back the case for fresh trial. 22. It may be mentioned that when it is found after a full trial that there was a mistrial or trial without jurisdiction, the Court of appeal before dir......hin the purview of section 561 A of the Code of Criminal Procedure for the purpose of quashing a proceeding one of the following conditions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands ..Category: Criminal Law | Date: | Hits: 86
.... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176.......-in-interest of the defendant Nos.1-2. At the time of purchase of the said land Monsur Rahman took an amount of Tk. 45,000/- and Tk. 30,000/- as loan from the plaintiff. The said Monsur Rahman is the full brother of the plaintiff and as such no document was executed to the effect and inspite of repe......aka and the question of payment of Tk. 45,000/- and Tk. 30,000/- from Dhaka to Monsur Rahman does not arise at all. He never offered to sell the suit land. The plaintiffs all stories are false. When Nagen Shil filed a suit for eviction Monsur Rahman then after receiving amount of Tk. 2,00,000/- (Tak..
Category: Property Law | Date: | Hits: 70
Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......rced retirement, being violative Articles 27 and 31 of the Constitution, and further praying for a direction to allow the petitioners to continue their respective service till their attainment of the age of superannuation contending, inter alia, that they were appointed in the Police service and bec..Category: Employment/Service Law | Date: | Hits: 47
....ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......s underneath the said factory." The petitioner further states that for execution of the deed of sale by the Ministry of Industries the petitioner has no obligation. And the Ministry of Industry being fully aware of its obligation made a request on March 7,1983, Annexure‑H, to the Ministry of Defen......sh the said company was declared abandoned one under President's Order No.16 of 1972 and was taken over by the Government of Bangladesh with all its assets and liabilities and was placed under the management of the Bangladesh Steel and Engineering Corporation. Pursuant to the decision of the Governm..
Category: Property Law | Date: | Hits: 92
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131.......any injustice because the plaintiff in fact claimed much more than what is partially decreed and if the decree in part is allowed and eventually the court does not allow the claim of the plaintiff in full the defendant Company will suffer no loss but, on the other hand, the plaintiff who, according ......……….Petitioner Vs. MM Aziz and others...…………..Opposite Parties Judgment February 26, 1991. Cases Referred to- PLD 1966 (Karachi) 75, PLD 1952 (Dhaka), 137 and 25 DLR page 418; Ellis Vs. Allen (1914) Chancery Division, 904; Shikharchand Vs. Mst. Bari Bai, AIR 1974 (Ma..Category: Civil Law | Date: | Hits: 104
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ......M. Asad Ullah Tarique, A.A.G and Mrs. Noor Jahan Mukta A.A.G appeared in support of the reference. Learned Deputy Attorney General submits that the reference may be accepted as the prosecution successfully has proved it’s case beyond all reasonable doubt. The extra judicial and judicial confession......alek Miah, Officer in Charge of Naldanga Police Station, Nator himself on 05.04.2003 lodged a First Information Report stating, inter alia, that on 05.04.2003 at 2.35 hours he received a wireless message that a dead body was laying beside the railway line at Madhnagar. Receiving the said information..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
.... the Customs House and that Ext. 2 is the carbon copy of seizure list which bears no date under his signature. He further stated that wife of P.W.13 was with them when they went to Lutfa House, and a woman named Rashida was brought for searching the females. He also stated that many people assembled......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521...Category: Criminal Law | Date: | Hits: 75
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......o answer interrogatories or for discovery or inspection of document. Recourse to such a power being an extreme measure should be taken only after giving reasonable opportunity to the party and making full compliance with the provisions of law and procedures laid down in this behalf." 14. On perus...... of the Code of Civil Procedure. He also submitted that the learned District Judge committed an illegality in not at all considering that the petition for amendment of the plaint can be made at any stage of the proceedings. 6. On the other hand, Mr. SK Sinha, the learned Advocate for the opposite..Category: Procedural Law | Date: | Hits: 68
.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
......f the settler Sakhi Lal Roy Chowdhury became the succeeding trustee in terms of the provision made in the deed as the only heir available in Bangladesh since the death of the third trustee, namely Profulla Nalini Roy Chowdhurani he has been discharging the functions, duties and obligations as laid d......in Trust Act Case No.1 of 1986.
2. The case of petitioner in short is that:
On the death of Hemendra Lal Roy Chowdhury, the only childless son of late Sakhi Lal Roy Chowdhury, a Zaminder of village Baliati in the District of Manikganj which happened in 1924, his father Sakhi Lal Roy Chowdhury ..
Category: Trust/Waqf Law | Date: | Hits: 183
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ...... is, he unconditionally supported the plaint case. 10. The contesting defendant opposite party No. 1, in the written statement, stated that the impugned deed is valid one and the plaintiff knowing fully well about the contents of the deed executed the same. That is, the case of the other defendan......rs. 22 DLR 277; Ramizuddin Miah Vs. Jarimunnessa and others, 15 BLD (AD) 52; People’s Republic of Bangladesh vs. Abul Kaiser Chowdhury and others, 37 DLR (AD) 85; Mahabir Prasad Vs. Jage Ram and others, AIR 1971 (SC) 742; Taher Bhuiyan Vs. Sree Lal Mohon Mondal and others, 10 ..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ......Tenancy Act in the Court of Senior Assistant Judge, Sadar, Manikganj for pre-empting the case land as described in the application stating that he was a co-sharer to the case jote by inheritance. His full brother transferred the land under pre-emption by a registered kabala dated 9.10.2001 to the pe......emption by a registered kabala dated 9.10.2001 to the petitioner-opposite party No.1, a sharer in the tenancy by purchase without serving any statutory notice upon him. The pre-emptor came to his village home in the first part of Baishakh, 1410 B.S. and knew about the impugned transfer and then afte..Category: Property Law | Date: | Hits: 62
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
.... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ...... no legal effect and further declaration that the petitioner is legally entitled to retain his former service in the Jibon Bima Corporation till disposal of the writ petition and or his attaining the age of 57 years computing 30.11.1946 as his date of birth as mentioned in the affidavit sworn by his..Category: Employment/Service Law | Date: | Hits: 58
....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502....... the ground that there was no cause of action, and the said respondent in its affidavit‑in‑opposition has not stated that it had no knowledge of the order of the Assistant Judge and therefore had full knowledge of the said order dated 31.10.90 rejecting the plaint when the affidavit of the writ ......
(Special Original Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
Mainur Reza Chowdhury J
Khapan Bittahin Co-operative Society Ltd……………Petitioner
Vs.
Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others……………..
Category: Civil Law | Date: | Hits: 87
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......kara of land out of the suit land to Md. Putan by a registered kabala dated 10.06.1912. In course of time, Md. Putan executed a power of attorney in favour of his eldest son Ali Hossain for proper management and administration of the suit property as he was unable to look after the property due to h..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......ction 193(6) is empowered to accord a hearing. II. Whether the High Court Division failed to appreciate that in order to find out whether respondent No.3 was removed from the office of Director lawfully, the Registrar is authorized to make such investigation as may be found necessary for proper d....... Although the Company witnessed a smooth and healthy functioning, subsequently problem cropped up due to declining personal relationship between writ-petitioner No.2 and the appellant and put the management structure of the Company in a shamble. At one point of time, the appellant alleged that she ..Category: Company Law | Date: | Hits: 235
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......ally convicted the appellants. He further submits that in the case of Mohiuddin Khan Alamgir Vs. The State are different of the present Case. Accordingly, he submits that the appeal may be heard by full flagged hearing for ends of justice. 15. Mr. Md. Momtaz Uddin Fakir, the learned Additional ......tore Road, Ch:O +000-2+000 (ii) Rajshahi Nawabgonj Road Ch: 0+000-2+ 2004-05/12. (iii) Rajshahi Greater Road Ch: 0+000-3-750, Total Tk. 9, 99, 88,754.25, 2) DFID supported 2004-2005 Flood Damage Restoration work of Bhulta-Rupgonj-Kayedpara, Rampura Tk. 4,16,22,772.75. 3) Periodic Mainte..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......ed with civil rights under municipal law. Hence all citizens are nationals of a particular State but all nationals may not be citizens of the State. In other words citizens are those persons who have full political rights as distinguished from nationals who may not enjoy full political rights and ar......3) 14 CBNS 180; Abal Ala Maudoodi's case, PLD 1964 (SC) 673; Regina Vs. Medical Appeal Tribunal, Ex parte Gilmore, 1957 1 QB 574; Ram Chandra Sankar Deodhar Vs. The State of Maharashtra, 1974 SCC at page 317; Tilak Chand's case, 1969 SCR (India) at page 824. Lawyers Involved: AR Yusuf with Ko..Category: Immigration and Citizenship Law | Date: | Hits: 343
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......sons must be apparent and must be notified in the official gazette. The learned advocate points out that apart from the few recent occasions of supersession, there has always been conformity with the age-old convention of appointing the senior-most Judge of the Supreme Court as the Chief Justice of ..Category: Constitutional Law | Date: | Hits: 228
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......sed at 08.10 hours in the morning following the night of occurrence prior to which the informant had passed the whole night in the house of the deceased and had received, in the course of that night, full and detailed particulars of the occurrence from the prosecution witnesses mentioned above. The ......ury No.2. 4) One sharp stab injury 1” x 2” x ½” in front of the right shoulder joint. 15. In the opinion of the post‑mortem doctor the death of Khasru Miah was due to shock and haemorrhage as a result of the above mentioned cut throat and other injuries which were ante‑mortem and ho..Category: Criminal Law | Date: | Hits: 91
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