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GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....ail, 16 BLD (AD) 285 = 48 DLR (AD) 90; Md. Nasiruddin Vs. Md Mizanur Rahman, Civil Petition for Leave to Appeal No.1300 of 2006 (BSCD 2008 page 121). Lawyers Involved: Mahbubey Alam with Gopal Chandra Saha, Advocates - For the Appellant. Khalilur Rahman with TM Shakil Hasan, and Khalilur ...... 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 constructed by him from the suit premises and handover the vacant possession of the same to the plaintiff landlord within 30 days. 2. The predecess......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
Mohammad Selim Vs. State, 2012, 41 CLC (AD)
....head of her daughter was loosely connected with the body due to slaughtering and the whole floor of the bathroom was full of blood and the accused was standing with a sharp paper cutting knife in his hand. Police being informed by the people came there and arrested the condemned petitioner and took ......rred to the Court of Additional Metropolitan Sessions Judge, First Court, Chittagong for trial. 6. Charge was framed under section 302 of the Penal Code against the condemned prisoner and read over to him to which he pleaded not guilty and claimed to be tried. During trial the prosecution exa...... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 98
State Vs. Md. Kamal Uddin alias Pichchi Kamal, 2012, 41 CLC (AD)
....r the said arms. We also find it inconceivable that such a large arsenal of arms would be kept at a depth of only 9 inches under soft soil and outside the house, and which could be dug up by the bare hand. 13. Having carefully considered the evidence and materials on record we do not find any......o witnesses who were standing at Companyganj Bus Station and in the presence of the said witnesses surrounded the house of the accused respondent and on pointing out of the accused respondent they recovered the seized Arms inside a polythene bag which was kept under the soft soil behind the house on......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
....eclaration as prayed for. With these submissions he prayed for setting aside of the impugned judgment and decree and dismissal of the suit.
10. Mr. Kamal-ul-Alam, the learned Advocate on the other hand, taking us through the impugned judgment and decree as well as the recommendation made by the c......ed.
Cases Referred to-
Alauddin Khan Vs. Bangladesh represented by the Ministry of Housing and Public Works, 14 BLC 831; Nawshed Chowdhury Vs. Ministry of Land Administration and Land Reforms, Government of Bangladesh, 3 BLC 18; Messrs Mollah Industry Estate Vs. Government of Bangladesh, 6 LG ......et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479...
Category: Property Law | Date: | Hits: 118
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
....istrict Judge, 1st Court, Chittagong in Civil Revision No.15 of 2004 rejecting the revisional application and thereby affirming those of dated 11-1-2004 passed by the learned Senior Assistant Judge, Chandanaish, Chittagong, in other Execution case No.5 of 2002 making an order of arrest of the judgme......e issuance of the instant Rule are as follows: The decree holder opposite party No.1 has been serving as a Teacher of Bengali Department of Barman Islamia Senior Madrasha since October, 1987. The Governing Body of the Madrasha dismissed him from service on 8-10-1989 and thereafter the decree ...... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ..Category: Civil Law | Date: | Hits: 166
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
.... holding. He further submits that Exhibit "F" series may be a paper transaction and not acted upon and it has not affected the petitioner's right of pre-emption of the case land. 7. On the other hand, to assail the submission of the learned Advocate for the petitioner, Mr. Maqbul Ahmed, the lea......e appearing for the petitioner, submits that in view of the pre‑emptor's purchase of land in the case holding on the basis of registered Kabala vide Exhibit 1 and payment of rental to the landlord Government Exhibit 2 series clearly indicate that the petitioner has subsisting interest in the case ......aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517...Category: Property Law | Date: | Hits: 132
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ...... 5. Thereafter, respondent No.2 issued a notice, dated 16.10.89 calling an additional general meeting of the Company to be held on 3.11.89 to discuss amongst others the issue. of 1.5 1,000 shares to overcome the financial crisis of the Company, to consider transfer of 5,000 sham of Mr. Abu Sayed on......ners except petitioner No.3 who is the son‑in‑law and nephew of respondent No.2 Respondent No.2 being the head of the family and the Company being a family concern the entire business affairs and management of the Company were run by him in the manner of a proprietorship concern. The Company has..Category: Company Law | Date: | Hits: 225
Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
....no nexus with the order of detention passed by the detaining authority. 6. Mr. AY Salehuzzaman, the learned Deputy Attorney‑General, representing the contesting respondents, has, on the other hand, argued that in the grounds of detention full particulars of the activities alleged to have bee......ue is not being hold in custody without lawful authority or in an unlawful manner. 2. The detenu, Begum Momata Wahab, was taken into custody in execution of an order of detention passed by the Government on 3.12.91 under the signature of a Senior Assistant Secretary of the Ministry of Home Aff...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ..Category: Constitutional Law | Date: | Hits: 299
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....plication in the Administration. A copy of the minutes of the meeting dated 5-2-96 has been annexed as Annexure-X to the writ petition. 15. It was further stated in the application that on the one hand respondent No.2 who has been trying to get rid of these 7 officers on the plea of sufficiency o......iginal Jurisdiction) Present: Md. Mozammel Hoque J Md. Hassan Ameen J Matiur Rahman (Md.)……………Petitioner Vs. Bangladesh, through the Secretary, Ministry of Establishment, Government of the People’s Republic or Bangladesh & others………………Respondents Judg......tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ..Category: Employment/Service Law | Date: | Hits: 216
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....fficacious and it will neither be inconvenient, nor prejudicial to him if he avails of the statutory remedies. 7. Mr. Asrarul Hossain the learned Advocate for the petitioner submits on the other hand that by blindly following a circular issued by the National Board of Revenue the Deputy Commiss......) Zone, Dhaka in respect 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 ......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)
....of the agreement the accused undertook to perform the entire responsibility of the proposed joint business of obtaining 20/22 N.O.C.-Visa, work permit, etc. for the relations of the complainant and hand them over to him. 3. Thereafter the accused was delaying the matter unduly. The complainant ......siness in Qatar by residing there for a long time. The accused used to come to the house and office of the complainant in Qatar often. Accused petitioner showed him a power of attorney issued by the Government of Qatar in favour of his firm M/s. Shahbaz International, Topkhana Road, Dhaka and propos......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)
.... Mills Co. Ltd. Vs. Raymon and Company India (Pvt.) Ltd., AIR 1963 (SC) 90 = 1963 (3) SCR 209; Khardah Company Limited Vs. Raymon and Company (India) Private Limited, AIR 1962 (SC) 1810; Sree Sudhir Chandra Saha Vs. Matiran Bewa, 6 BLD (AD) 182; Registrar, Supreme Court of Bangladesh Vs. Md. Shafiud......tered without releasing the property from the said Bank upon repaying the entire loan. But, however, according to the terms of the agreement, possession in a portion of the said property was handed over to the purchaser respondent who was also allowed to put up a signboard in her own name upon exp......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
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....pport the alleged transfer affected on the basis of sale deed Ext. A. They are the competent persons to say if consideration was duly passed or not and if possession of the land covered by Ext. A was handed over to transferees defendant Nos. 1‑6. 15. The learned Advocate also urged that frau......vidence in this regard was adduced. In this connection the, decision in the case of Habibur Rahman Vs. Abdul Wadud and others reported In 21 DLR page 382 may be referred. 13. Now I like to pass over to consider if the sale deed Ext. ‘A’ covering 1.28 acre described in schedule 'cha’ of t......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597...Category: Property Law | Date: | Hits: 122
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
.... Cases Referred to- Md. Shahabuddin Vs. The Janata Bank, 41 DLR 94; Senior Manager, Dosta Textile Mills Ltd. & another Vs. Sudhangsu Bikash Nath, BCR 1987(AD) 454 = 40 DLR (AD) 45; Jogesh Chandra Datta Vs. Govt. of Bangladesh, 30 DLR 219; Wolverhampton Now Waterworks Co. Vs. Hawkesford, (...... and another Vs. Sudhangsu Bikash reported in BCR 1987 (AD) 454 that when an employee is found to be a worker whether he belongs to the corporation or to any enterprise of the corporation he will be governed by the Labour Law, that is, the said Act. It is also hold therein that the very moment it is......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
State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)
....o Arifa Akhtar for getting her back. As she was not coming back, the accused because angry and on 5.12.89 at about 5‑30 he entered into the house of informant Jannatul Ferdousi with a reksin bag in hand. At that time Jannatul Ferdousi, Imran, Moushin, Latifa Khanum and Tofazzal Hossain were in the......ied to Ghior Hospital for treatment. He stated that as Arifa had divorced Abul Kalam Azad, the occurrence occurred. Officer‑in‑Charge came to the scene of occurrence and seized one dagger, a dao cover and cover of knife and also a generator. 12. P.W.8 Anjum Ferdous is the Investigating Office......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ..Category: Criminal Law | Date: | Hits: 125
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
....ident Lieutenant General (Rtd.)]..............Petitioner Vs. State ............Opposite Party Judgment November 9, 1995. Result: The Rule is made absolute. Lawyers Involved: Khandker Mahbub Hossain with Golam Kibria, Md. Afzal Hossain, Md. Harun‑or‑Rashid and Khurshida B......said building at Nazimuddin Road, Dhaka, had been established as a Court of Sessions Judge with effect from 28th August, 1995. Section 9(2) of the Code of Criminal procedure runs as follows: "The Government may, by general or special order in the official Gazette, direct at what place or the Cour......been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ..Category: Criminal Law | Date: | Hits: 121
Abdur Gafur Vs. State, 1995, 24 CLC (HCD)
.... a criminal Court initiating a judicial proceedings against the offender in respect of that offence or taking a steps to see whether there is any basis for any such judicial proceedings. On the other hand, prosecution means bringing specific accusation against the accused before the Court which, if ......of the two cases that after taking cognizance, process were issued against the accused persons. After appearance of the accused persons before the Court on 8.11.90, Senior Special Judge wrote to the Government for according sanction in Special Case No.8 of 1990 for quashing which Crl. Revision No.36......he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90...Category: Criminal Law | Date: | Hits: 112
Anwar Hossain & others Vs. State & others, 1995, 24 CLC (HCD)
....aint in writing to the Magistrate competent to take cognizance. In such a circumstance cognizance taken by such a Magistrate on a complaint from any other person would have been illegal. On the other hand, had the learned treated the information supplied by the opposite party No.1 as a petition of c......ention also. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 89. ......ention also. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 89. ..Category: Procedural Law | Date: | Hits: 109
Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)
....n abatement under Order 22, Rule 9 (2) of the Code of Civil Procedure and as such the learned Munsif has committed an error of law in allowing the application. Mr. M. Shamsul Alam has, on the other hand, submitted that the learned Munsif has committed no error of law in passing the impugned order.......ourt of India has pointed out that the Court, in considering whether the applicant has established sufficient cause for not applying for the setting aside of the abatement within time need not be overstrict in expecting such proof of the suggested cause as it would accept for holding certain fac......howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6...Category: Civil Law | Date: | Hits: 121
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
...., the amended Regulation No.11 being if contradiction to the original Regulation 11 is to the deprivation of the petitioner's right to service. 7. In repelling the contentions of Mr. Hossain Mr. Khandker Amir Hossain appearing on behalf of the Corporation contends that the amended Regulation 11 ......egulation No.11 in the aforesaid manner is violative of Article 28 of the Constitution of Bangladesh as the amendment is made on the basis of sex alone. She further states that her retirement age is governed by section 4 of the Government Servant (Retirement) Act, 1974 and she cannot be retired befo......n passed without any lawful authority and is 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: 48 DLR (HCD) (1996) 132...Category: Employment/Service Law | Date: | Hits: 361
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