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Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....e accused. It appears from the record of the case that an application on behalf of the prosecution was filed before the learned Sessions Judge seeking exemption from examining those witnesses and the prayer was allowed by him by an order dated 17.9.1986. 23. Thus we find good reasons for non‑pr......d by the learned Sessions Judge, Sunamganj in Sessions Case No.3 of 1986 convicting appellant Shadat Ali under section 304 Part II of the Penal Code and Sentencing him to suffer rigorous imprisonment for 10 (ten) years and also to pay a fine of Tk. 1000.00, in default to suffer Rigorous Imprisonment......bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ..Category: Criminal Law | Date: | Hits: 73
Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
....ely, Kalipada Saha, and Brojendra Nath Saha, had a business house under the name and style M/S. Kalipada Saha and Brothers and they had transactions with the plaintiff-bank from the year 1983. On the prayer of Kalipada and Brojendra Kumar Saha, the plaintiff-bank sanctioned loan of TK.10,00,000.00 t...... Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Harunur Rashid, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.2106 of 2009. (From the judgment and order dated the 31st day of May, 2009......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637...Category: Civil Law | Date: | Hits: 55
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
....r filed a criminal case against the plainÂtiff, but that criminal case was ultimateÂly dismissed as Sarif Lokman Ahmed could not appear before the court due to his illness. But subsequently, on the prayer of the defendants, the martial law authority, on taking evidence, found the plaintiff in unla......ecord-For the Petitioner. Mahmudul Islam, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record-For Respondent Nos. 3-5. Not repÂresented-Respondent Nos.1, 2, 6-10. Civil Petition for Leave to Appeal No.1858 of 2010. (From the judgment and decree dated 19.01.2010 passed by the......book is dispensed with as prayed for Parties arc directed to maintain staÂtus quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......book is dispensed with as prayed for Parties arc directed to maintain staÂtus quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ..Category: Property Law | Date: | Hits: 51
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
.... 1990 are directed against two orders dated 12.11.89 and 2.4.1990 respectively passed by the Special Tribunal for Prevention of Smuggling, Sylhet in Special Tribunal Case No.107 of 1988 rejecting the prayers for bail of the accused‑appellants. The appeals being of the same nature and having arisen......of 1989 and the other at the instance of accused Siraj Mia being Criminal Appeal No.266 of 1990 are directed against two orders dated 12.11.89 and 2.4.1990 respectively passed by the Special Tribunal for Prevention of Smuggling, Sylhet in Special Tribunal Case No.107 of 1988 rejecting the prayers fo......r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209...Category: Criminal Law | Date: | Hits: 68
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
....ted 31.3.1991 passed by the learned Sessions Judge, Lakshmipur, in Criminal Misc. Case No. 142 of 1991 arising out of Ramgati Police Station Case No.1 dated 7.5.91 and No.2 dated 8.5.86 rejecting the prayer for bail. 2. Fact of the case is rather a checkered one and it need be stated in some deta......3.1991 passed by the learned Sessions Judge, Lakshmipur, in Criminal Misc. Case No. 142 of 1991 arising out of Ramgati Police Station Case No.1 dated 7.5.91 and No.2 dated 8.5.86 rejecting the prayer for bail. 2. Fact of the case is rather a checkered one and it need be stated in some details. In...... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205....... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205...Category: Criminal Law | Date: | Hits: 85
Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)
....o.1 is shockingly slow in the matter of taking decision in the appeal. The petitioner having felt aggrieved and finding no other efficacious remedy being available to him approached this Court with a prayer for issuing direction on respondent No.1 to dispose of the appeal pending before him. 10. ......nt of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others…………..Respondents Judgment January 26, 1992. Result: The petitioner is entitled to relief sought for. Lawyers Involved: Zainul Abedin, Advocate ‑ For the Petitioner. Fokrul Islam, Assist......le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195.......le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195...Category: Administrative Law | Date: | Hits: 164
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
.... this Court to decide any dispute arising out of the General Average Act and as such this Court has no jurisdiction to entertain and try the present suit in its Admiralty Jurisdiction. In a word, the prayer of defendant No.1 is, that there is no cause of action for institution of such a suit and a s......Md. Mozammel Hoque J Sadharan Bima Corporation………….….Plaintiff Vs. M V Birba and others …………....Defendants Judgment December 12, 1991. Result: This application for return of the plaint is allowed. Cases Referred to- East and West Steamship Co. Vs. Queens......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171.......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171...Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)
....de unless: (a) the allegations against him are recorded in writing; (b) he is given a copy thereof and not less than three days' time to explain; (c) he is given a personal hearing if such a prayer is made; and (d) the employer or the manager approves of such order. (2) An worker char......hould not be taken against him. The petitioner made reply to the said show cause notice on 27.7.85 stating that he was ill and as such was advised by the Doctor to take rest. In support of his ground for leave he submitted a Medical Certificate to the respondent No. 2. The Manager, Prince Iron and S......legal effect and the petitioner be re‑instated at once. 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) 165. ......legal effect and the petitioner be re‑instated at once. 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) 165. ..Category: Labour and Industrial Law | Date: | Hits: 148
Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)
....fendant-petitioners filed an application praying for time to answer the interrogatories sought for by the plaintiffs. The learned Assistant Judge by his impugned order dated 27-6-87 rejected the said prayer and directed the defendant-petitioners to show cause by 1-7-87 as to why the defence should n......r Assistant Judge, Thakurgaon in other class Suit No.24 of 1985 striking out the written statement filed by the defendant petitioners. 2. Opposite party Nos.1 and 2 as plaintiffs instituted a suit for permanent injunction in the Court of the Senior Assistant Judge, Thakurgaon being other class Su......ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310.......ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310...Category: Property Law | Date: | Hits: 108
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
.... The defendant Nos.1-4 contested the suit by filing written statement and having denied all the allegations of the plaint contended, inter alia, that the suit as framed was not maintainable without a prayer for recovery of possession on payment of ad valorem Court fees. It is their defence case that...... by learned Assistant Judge, Upazila Motlab, District Chandpur, decreeing Title Suit No.25 of 1987 against the contesting defendants Ito 4 and ex-parte against the rest. 2. The short fact relevant for the purpose of disposal of this Rule is that, the petitioners as plaintiffs instituted Title Sui......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ..Category: Property Law | Date: | Hits: 65
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....thouse and threatened defendant to marry her within 15 days or to face grave consequences of committing rape on her; the defendant agreed to marry her and on the 18th of Poush 1399 BS after the Jumma prayer he went to the house of the plaintiffs father along with Hasan Ali Mollah who solemnised the ......waruddin J.- This application under section 115 of the Code of Civil Procedure directed against a judgment of affirmance arising out of a suit being Family Courts Suit No.17 of 1993 filed by the wife for the restitution of conjugal rights, realisation of dower and for maintenance. 2. The Family C......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ..Category: Family Law | Date: | Hits: 166
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....edure praying for appointment of a receiver and also for return of the money to the defendants during the pendency of the appeal. The learned District Judge after hearing both the parties allowed the prayer of the defendant appellants and appointed a receiver and directed the receiver to take over p......this Court may seem fit and proper. 2. The facts giving rise to this Rule are that the plaintiff petitioners instituted a suit being Title Suit No.53 of 1990 against the defendant opposite parties for a declaration of their title to the suit land described in the schedule to the plaint and for a ......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ..Category: Property Law | Date: | Hits: 68
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
.... the learned trial Court. The application has been annexed to the revision petition and marked as Annexure ‘C’ thereto. The learned District Judge by the impugned order dated 25-11-95 allowed the prayer of the plaintiff-appellants but in the ordering portion he appears to have allowed withdrawal......sed in Title Appeal No.18 of 1995, arising out of the judgment and decree passed in Title Suit No.28 of 1991 by the Assistant Judge, Pirganj dismissing the suit on contest. 2. Short facts relevant for the purpose of the case are that, the petitioners as plaintiffs instituted a suit in the Court o......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504...Category: Procedural Law | Date: | Hits: 91
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
....s are in custody since the date of their arrest and, as such, he prays that the sentence of fine may be commuted. In view of long detention of the accused appellants from the date of their arrest the prayer for commutation of sentence in respect of fine may be allowed and the sentence of fine is thu......)88 corresponding to Ghatail PS Case No. 4(3)88, convicting the accused-appellants and other co-accused under section 395 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for seven years and to pay a fine of Taka 2,000.00 each, in default to suffer rigorous imprisonment ......d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488...Category: Criminal Law | Date: | Hits: 70
Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)
....er filed an application for exempting him from impleading the aforesaid 36 persons as defendants in the suit and the learned Subordinate Judge by his impugned order has been pleased to allow the said prayer of exemption. 6. Being aggrieved by the aforesaid impugned order defendant-petitioner No.1......bordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Suit No.393 of 1987 exempting the plaintiff from the necessity of impleading 36 persons as defendants in the suit. 2. Short facts relevant for the purpose of the case are that opposite party No.1 as plaintiff instituted a suit in the 3rd C......rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ......rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ..Category: Procedural Law | Date: | Hits: 67
Shaikh Jahangir Hossain Vs. Government of BanglaÂdesh and others, 2001, 30 CLC (HCD)
....ation, Government of Bangladesh and 7 others, praying for a declaration that the impugned order dated 4‑8‑1992 passed by the concerned Ministry, is illegal and not binding upon him with a further prayer for specific perforÂmance of contract contending, inter alia, that in response to a public n......ossain…………………………………..………..Appellant Vs. Government of BanglaÂdesh and others................Respondents Judgment November 12, 2001. Result: The suit for specific performance of contract is dismissed. Case Referred to- Associated Provincial Pic......udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ......udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ..Category: Civil Law | Date: | Hits: 82
Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
..... Being aggrieved by the said discrimination, the writ-petitioner on 20.07.2006 filed an application before the Hon'ble Chief Justice of Bangladesh through the Registrar of the Supreme Court with the prayer for re-fixation of his scale as that of the driver of the Supreme Court. The matter was place......y General instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. Salahuddin Dolan, Advocate instructed by Zahirul Islam, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.1688 of 2010. (From the judgment and order dated the 18th and 19th Novembe......Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572.......Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572...Category: Employment/Service Law | Date: | Hits: 86
....Mohammad Abdul Mannan, 46 DLR (AD) 1 and Abdul Hannan Sikder & Md. Ershad Ali Khan Vs. Bangladesh Bank & ors. 31 DLR (AD) 298. The learned counsel has also furnished additional grounds with a prayer that they may be considered at the time of hearing the appeal.
7. The submissions made by ......cord-For the petitioners.
Dr. M. Zahir, Senior advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For respondent No.1.
Not represented-For respondents No. 2 & 3.
Civil Petition for Leave to Appeal No.460 of 2010.
(From the judgment and order dated 24.11.2009 passed by the H......all file the concise statement to make the appeal ready for expeditious hearing.
The appeal is fixed for hearing on 23rd August, 2011.
Ed.
This Case is also Reported in: VIII ADC (2011) 567.
......all file the concise statement to make the appeal ready for expeditious hearing.
The appeal is fixed for hearing on 23rd August, 2011.
Ed.
This Case is also Reported in: VIII ADC (2011) 567.
..
Category: Company Law | Date: | Hits: 366
Abu Sayeed Sheikh and others Vs. Md. Majibur Rahman and others, 1998, 17 CLC (HCD)
....uffers from any legal infirmity which justifies interference by the appellate Court. It appears that the learned District Judge set aside the impugned judgment passed by the Munsif just on the casual prayer of respondent Nos.1-11, who had sufficient opportunities to prove their compromise decree bef......¦Petitioners Vs. Md. Majibur Rahman and others…………………….Opposite Parties Judgment June 14, 1998. Result: The rule is made absolute. Lawyers Involved: Khaleque for SS Halder, Advocate- For the Petitioners. Not Represented — the Opposite Parties. Civil ......receipt of this order. The order of stay granted earlier by this Court stands vacated. Send down the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289.......receipt of this order. The order of stay granted earlier by this Court stands vacated. Send down the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289...Category: Property Law | Date: | Hits: 75
Zenith Packages Ltd. Vs. Member, Labour Appellate Tribunal and others, 1999, 18 CLC (HCD)
....further submitted that respondent No.1 instead of interpreting the terms of the terminated settlement interpreted sub-section (2) of section 40 of the Industrial Relations Ordinance which was not the prayer of respondent No.2. He further submitted that application of the respondent No.2 was beyond t......n Case No. 30 of 1998 (Annexure-3) should not be declare to have been made without any lawful authority and of no legal effect. 2. After placing the petition and impugned Judgment learned Advocate for the petitioner submitted that respondent No.1 member, Labour Appellate Tribunal acted illegally ......he Rule is discharged with cost of Taka 5,000.00 (five thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284.......he Rule is discharged with cost of Taka 5,000.00 (five thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284...Category: Labour and Industrial Law | Date: | Hits: 168
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