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Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....order of the learned Sessions Judge, Cox's Bazar in Sessions Trial Case No. 7 of 2003. The learned Sessions Judge convicted the appellant under section 302 of the Penal Code and sentenced him to imprisonment for life with fine of Taka 5,000 in default to suffer rigorous imprisonment for 5 months mor......n in a case where an accused has failed to prove circumstances which would entitle him to claim an exception, he may otherwise succeed in shaking the prosecution case and that the Court would thus be called upon to consider evidence and circumstances of the case and to give the accused the benefit......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ..Category: Criminal Law | Date: | Hits: 128
Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
.... and other papers on record. The leave-petitioner was not made party to the writ petition. Therefore, he obtained permission to file this civil petition for leave to appeal. The leave-petitioner is also a contestant for the post of councilor for Ward No. 2 of Narayangonj City Corporation. Admittedly......sion has not taken any exception to the impugned order and that in compliance with the impugned order the Election Commission has allotted a symbol to writ petitioner and, as such, no interference is called for. He further submits that the leave petitioner has the forum to vindicate his grievances e......passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observation made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ..Category: Election Law | Date: | Hits: 250
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....of 2006. 2. The facts involved in the appeal, in brief, are as follows: The plaintiff and defendant No.1 both are citizens of Bangladesh by birth and they got married. They were blessed with a son and a daughter. Because of mal-adjustment, they divorced each other severing the marital tie in ......and manner and that the suit is based on false statements. Defendant No.1 has not gifted the apartment to the plaintiff and the alleged gift is forged. Defendant No.1 by an affidavit cancelled the so-called gift in the name of the plaintiff and gifted the same to his daughter. Any dispute relating t......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ..Category: Property Law | Date: | Hits: 81
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
....East Bengal State Acquisition and Tenancy Act (hereinafter called the Act) or is a non-agricultural land within the meaning of section 2(4) of the Non-Agricultural Tenancy Act. 8. Here it should also be remembered that the Non-Agricultural Tenancy Act came into operation when Bengal Tenancy Act, ......determined in this case is whether the homestead land situated in rural area is an agricultural land within the meaning of section 96 of the East Bengal State Acquisition and Tenancy Act (hereinafter called the Act) or is a non-agricultural land within the meaning of section 2(4) of the Non-Agricult...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ..Category: Property Law | Date: | Hits: 70
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....titioner has wrongly calculated the interest from the date of the decree which in fact will be calculated from the date of the filing of the suit till realisation. In the counter affidavit it has also been stated that the defendant No.1 Bank has already deposited the balance amount of interest of ...... the filing of the suit to the date of judgment, the High Court Division held that as the award of interest fell within the discretion of the Court which was duly exercised by it, no interference was called for. The order of interest at the rate of 12% during the pendency of the suit and until reali......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ..Category: Procedural Law | Date: | Hits: 74
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
.... by his judgment and order dated 23.6.87 found appellant Mir Rafiqul Haider guilty of the charge under section 25B (1) of the Special Powers Act, 1974 and convicted and sentenced him to suffer imprisonment for life and to pay a fine of Tk. 10,000/- in default, to suffer rigorous imprisonment for a...... found the appellant and his baggages taken away by the Officer of the Customs department. He heard that gold has been recovered from the bag of the appellant. Subsequently at about 2 P.M. he was called by the Customs Officer and was told that some gold have been recovered and wanted him to be......cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ..Category: Criminal Law | Date: | Hits: 87
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ir Ghosh……………Petitioner Vs. Government of Bangladesh represented by the DC and others...............Opposite Parties Judgment February 17, 2004. Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan with Shahnaz Babli and Bulbul Rabeya Banu, A......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......ound that the plaintiff has a good prima facie case. Moreover, the balance of convenience and inconvenience are in favour of the plaintiff‑petitioner and that the petitioner will suffer irreparable loss and injury if no injunction was granted in favour of the plaintiff. 5. The defendants appear..Category: Property Law | Date: | Hits: 62
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
....usiness without paying the due to the respondent 1 and appellant and respondent 2 others were trying to draw their bills for construction works done by the appellant mentioned in the schedule 1 and also trying to sell their properties mentioned in schedule No.2 with a to defraud the creditor and to ...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......1 and waived the claim for interest. But as the appellants did not pay the said money within the time fixed the respondent 1 was entitled to recover the outstanding balance with interest the business loss. The respondent on 14-8-95 demanded payment of the outstanding dues in writing. As the appellan..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....lam and others ...................................Petitioners Vs. Khatibuddin Ahmed and others......................Respondents Judgment January 18, 2004. Result: The Rule is made absolute. Cases Referred to- Safaruddin and others Vs. Fazlul Haque, 49 DLR (AD) 151; National B......y approved on 20‑4‑2003 by the Sub-Committee under his President ship and as 2/3rd majority of the members of the Samity was necessary to finally adopt the same as per Constitution, a meeting was called on 8‑5‑03 but could not be held due to conspiracy of some interested and vested quarters.......in the application for injunction nor the Appellate Court below found in its impugned order as to how the plaintiffs or any member of the Bar has been aggrieved or injured and will suffer irreparable loss and injury if the injunction is not granted, In support of his submission Mr. Alam has cited a ..Category: Civil Law | Date: | Hits: 74
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....bill, then on 11‑10‑89 Taka 150,000; on 23‑11‑89 Taka 2,00,000 and on 7‑3‑90 Taka 2,50,000 in total Taka 9,00,000 against four running bills. 4. During the work the plaintiff had to do some works at the order of defendant No. 1, Deputy Commissioner, defendant No. 15, Chief Consultant ......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......e is that, the Hospital was first let out on rent and then was transferred to the Bangladesh Bank with the land at a price of Taka 20,97,039. The Hospital authority or the defendants never caused any loss to the plaintiff and the plaintiff was not entitled to any compensation. 7. On the pleadings..Category: Civil Law | Date: | Hits: 99
....e opposite party Nos.1-5 as plaintiffs filed a suit being Title Suit No.136 of 1998 in the Court of Subordinate Judge, 2nd Court, Sylhet for declaration of title and recovery of khas possession and also for declaration that the judgment and decree dated 15.6.1998 passed in Title Suit No.7 of 1995 by......uty Attorney General in the facts and circumstances of the case with regard to maintainability of the suit is plainly misconceived inasmuch as in this case the plaintiffs having not challenged the so-called requisition order of the then Pakistan Government. He adds that in the cited decisions namely......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49...
Category: Property Law | Date: | Hits: 64
Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)
....ng evidences. Therefore, we are not inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ......inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ......on lodged a first information report against the petitioners and others alleging, inter alia, that the petitioner and others in collusion with each other by misusing official power caused a financial loss of Taka 1.10 crore to Bangladesh Muktijuddah Kallyan Trust by selling its landed property measu..Category: Criminal Law | Date: | Hits: 93
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....n: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......sh Gazette, extra ordinary issue, on June, 08, 2008 ("the impugned Ordinance") (Annexure-A) by which a Commission has been formed in the name and style Truth and Accountability Commission hereinafter called the Commission. 3. The petitioner's case is that in the preamble to the impugned Ordinance......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ..Category: Constitutional Law | Date: | Hits: 264
....nctioned a loan of Taka 1,93,19,000 by its letter dated 16‑2‑85. One of the conditions was hypothecation of the imported MV Polyxenie in addition to other securities worth of four crore. It was also agreed that plaintiffs would pay 35% and the bank 65% of the price of the imported ship.
3. Th......2,114.21 only with interest at the rate of 18% from the date of institution of the suit until realisation. Connected Civil Rule No. 230(F) of 1999 is discharged and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
......ion of 4380 MT of scraps, Taka 5,71,930 for excess debiting the account on account of the transformer and Taka 1,11,98,3231 on account of the ship with interest and also Taka 1,00,00,000 for business loss and mental sufferings.
Defendant Nos. 1 and 2 jointly and defendant Nos. 3 to 4 separately c..
Category: Civil Law | Date: | Hits: 92
Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
....r J Abdullah (Md) and others........................ Petitioners Vs. Majibul Huq and others ....................Opposite Parties Judgment May 18, 2003. Result: The Rule is made absolute. Lawyers Involved: Ferdausi Sahab, Advocate ‑ For the Petitioners. No one ‑ For ......essary to bring before the Court relevant materials of Title Suit No. 134 of 1958 upon which fraud and forgery were practiced by the predecessors of the defendant-opposite parties and obtained the so-called sole decree. The petitioners claimed that this is very much essential in the present suit and......No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ..Category: Civil Law | Date: | Hits: 75
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....own to be third director of the company with effect from 7‑12‑99. 5. It is further stated that constitution of the company had never been amended since 1969 and article 47 of the articles of association of the company shows that the petitioner is one of the two permanent directors of the comp......ation as a permanent director. 10. Such absence of the petitioner necessitated appointment of at least one director to comply with requirements of the Act. The sole surviving director accordingly, called a meeting of the board of directors on 18‑11‑99 for the purpose of induction of a new dir......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
....nd 2000 i.e. within a space of about 4 years, and on 16‑2‑2000 he had misappropriated a further amount of Taka 1,80,000. Petitioner has filed a supplementary affidavit in which he has annexed a resolution of the Board of Directors of the bank, Annexure‑F‑1, approving a monthly allowance of T...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......n 49 that any member of the Managing Committee or any member or employee of a Co‑operative Society intentionally makes any payment in violation of the Act or Rules or that the Society has sustained loss by reason of his act or fails to record in the cash book any amount or misappropriates any mone..Category: Criminal Law | Date: | Hits: 89
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
....s in the case of Hazi Mohammad Jayan Ali and another Vs. Jaju Pramanick and ors reported in 53 CWN (1 DR 61) and in the case of Kafiluddin Chowdhury Vs. Dr. Abdus Sattar reported in 20 DLR 1220 and also in the case of A Jafar Vs. A Hamid reported in 29 DLR 306 and in the case of Belayet Hossain and ......dvocate-Amicus Curie. Joya Bhattacharjee, Advocate-For the Opposite Parties. Civil Revision No.1436 of 2002. Judgment Bijan Kumar Das J.- By this Rule the opposite parties Nos. 1‑7 were called upon to show cause as to why the impugned judgment and order No.76 dated 30‑1‑2002 passed...... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ..Category: Property Law | Date: | Hits: 52
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
.... ...... Md. Asaduzzaman, Advocate—For Respondent No.1. Matter No. 74 of 2003. Judgment Syed Amirul Islam J.- This is an application filed under section 241 of the Companies Act, 1994 (hereinafter called 'the Act'). The petitioner was an employee of the Bangladesh Jute Mills Association (hereinaf......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ..Category: Employment/Service Law | Date: | Hits: 144
....others....................Petitioners
Vs.
Controller and Auditor General of Bangladesh and 4 others.............Respondents
Judgment
April 18, 2004.
Result:
This Rule Nisi is made absolute.
Lawyers Involved:
Dr. Kamal Hossain, Advocate with Ashraful Hadi, Sara Hossain, Tanjib....... This great idea of universal suffrage has a very long history. The concept has been developed with the advent of civilisation as a part of democratic process amongst the homo sapiens of this planet called Earth, in contradistinction to the beasts and birds.
18. In the dawn of the civilisation, ...... democratic structure of the country. That is why the office of the Election Commission is so very important, because even their slight departure from their strict and solemn duty, may cause terrible loss of faith on all the other Constitutional Functionaries of the country. The proverbial words 'ne..
Category: Employment/Service Law | Date: | Hits: 99
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