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....d by his heirs Shimul Debnath and Others...........................................Petitioners
Vs.
Government of the People’s Republic of Bangladesh represented by the Deputy Commissioner, Jessore and another…………….Opposite Parties
Judgment
October 2, 2012.
Result:
The ......above observations, however, without any order as to cost. The order of status quo granted earlier is vacated.
Send down the lower Courts’ records.
Ed.
This Case is also Reported in:
......er any land to the plaintiffs and the sale deeds produced by them were forged. They had no lawful possession in the suit land and that the suit was not maintainable.
On the aforesaid pleadings the trial Court framed issues, namely, whether the suit was maintainable in its form; whether it was bar......ed in:
..
Category: Property Law | Date: | Hits: 57
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
....ruzzaman J Arif Hossain (Md.) and others……………Petitioners Vs. Bangladesh & 12 others……………Respondents Judgment November 18, 2009. Result: The Rule is made absolute. Cases Referred to- Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 54 DLR 215;......y, make such decision on the prayer of the applicant as it deems fit. (6) The decision on [of] the Court of Settlement shall be final and shall be binding on all parties concerned and shall not be called in question in any other Court. (7) No appeal shall lie from any Order of decision of the ......e fightÂing for a fruitless litigation is the matter of evidence which is to be decided by the Court of Settlement itself after recording of evidences adduce by the respective parties at the time of trial of the case, not by this Court and, as such, we do not find any subÂstance in the submission ......Case is also Reported in: 64 DLR (HCD) (2012) 378. ..Category: Property Law | Date: | Hits: 66
Tropical Homes Limited Vs. Registrar of Joint Stock Companies, 1986, 15 CLC (HCD)
....at the rate of 1250 shams each and accordingly they subscribed for 5,000 shares and paid Taka 50,00,000.00 to the said company. 6. It is further stated that the draft Memorandum and Articles of Association of the said company was prepared by the promoters and was sent to the press for printing a......of the company; (d) so far as is necessary, alter its Memorandum by reducing the amount of its share capital and its shares accordingly". 15. A special resolution under this section in this Act called it resolution for reducing share capital. 16. The petitioner company is authorised by its ......ibute a sum of Taka 5000.00 to Sir Salimullah Muslim Orphanage, Dhaka and to produce the receipt showing payment thereof to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 576. ......59(1) of the Companies Act, 1994, for the rectification of share Capital of the Company. 2. The petitioner is the Managing Director of Tropical Homes Limited, a private limited company, registered and incorporated under the Companies Act, 1994 on 21st April, 1996 under certificate of incorporatio..Category: Company Law | Date: | Hits: 74
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....were called upon to show cause as to why the impugned Judgment and decree dated 13-9-1999 passed by the learned Additional District Judge and Bankruptcy Court, Dhaka in Bankruptcy Suit No.14 of 1999, so far it relates to the petitioner, should not be declared to have been made without lawful authori......te - For the Petitioner. Md. Mamnur Rashid, Advocate - For Respondent No.2. Writ Petition No.983 of 2000. Judgment Sheikh Abdul Awal J.- By this Rule Nisi the respondents were called upon to show cause as to why the impugned Judgment and decree dated 13-9-1999 passed by the l......nt No.6) and thereupon, the plaintiff bank (respondent No.2) fraudulently obtained the impugned Judgment and decree against the petitioner and others. The learned Advocate further submits that during trial of the suit the petitioner was totally unaware about the suit, on 18-10-1999 for the first tim...... High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Mir Niaz Mohammad……………………Petitioner Vs. Additional District Judge and others…………………….Respondents Judgment August 9, 2007. Result: The Rul..Category: Procedural Law | Date: | Hits: 114
....se put the decree into execution by filing Artha Rin Execution Case No.3 of 1995. The Artha Rin Adalat on several occasions fixed date for auction sale of the mortgaged property but due to various reasons the property could not be sold in auction and ultimately, the Adalat by its order No.87 dated 2...... highest bidder out of total 4 bidders and thereupon, the Adalat directed him to deposit 25% of total bid money within 24 hours.
3. In this background the highest bidder Awlad Hossain (hereinafter called, 'the petitioner') filed an application on 24.3.2003 praying for one month time to deposit 25......on granted by this Court in C. Rule No.613 (P.M.5/2003 stands vacated.
Communicate this Judgment to the Adalat concerned at once.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 444.
......Appellate Jurisdiction)
Present:
Sheikh Abdul Awal J
M. Moazzam Husain J
Awlad Hossain………………………Appellant
Vs.
Bangladesh Shilpa Bank (BSB), Maijdi Branch, Noakhali and others………………………Respondents
Judgment
April 29, 2010.
Result:
The ap..
Category: Civil Law | Date: | Hits: 145
Rafiq Hasan alias Biplob Vs. State, represented by the Deputy Commissioner, 1995, 24 CLC (HCD)
....dged an First Information Report with the Mirpur Police Station against the appellant and another alleging, inter alia, that on 10.9.92 at about 17‑15 hours the informant along with other police personnel’s received a secret information to the effect that a group of dacoits were taking preparati...... satisfaction of the Deputy Commissioner, Dhaka. The connected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ......bmitted charge sheet against the appellant and another namely, Syedur Rahman under, section 19 (a) and (f) of the Arms Act. 4. On 15-4‑93 the Special Tribunal, Dhaka received the case record for trial and transferred the same to the Court of Special Tribunal No.3 who took cognisance and framed ......tate. Criminal Appeal No.1888 of 1994, Criminal Revision No.1504(R)1994. Judgment Md. Fazlul Haque J.- This appeal under section 30 of the Special Powers Act is directed against the Judgment and order dated 5‑10‑94 passed by the Special Tribunal No.3 Dhaka in Special Tribunal Case No.34..Category: Procedural Law | Date: | Hits: 72
Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....n J Abdur Rahim and 6 others....................Petitioner Vs. Government of Bangladesh and others..................Respondents Judgment June 24, 1996. Result: The Rule is made absolute in Writ Petition Nos.757/1993, 758/1993, 759/1993, 760/1993, 762/1993, 763/1993 and 764/1993.......tated that they all got the Govt. benefits. The petitioners got the salaries and remunerations as approved by the Government to a Government College teacher. Annexure‑L contains the Rules which are called The Teachers and Non‑Teaching Staff on Nationalised Colleges (Directorate of Public Instruc...... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ......This Case is also Reported in:48 DLR (HCD) (1996) 538. ..Category: Employment/Service Law | Date: | Hits: 72
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....pondent s Nos.1-5 before this Court, filed a Title Suit No.31 of 2011 against Md. Rezaul Karim, Mukta Begum, Md. Khandaker Amirul Islam Tuku and Sharif Masudul Haque as the defenÂdants Nos.1-4 and also impleading the Sonali Bank, its Managing Director and two Deputy General Mangers as defendants nu......e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......for power connection, a copy of trade license, a receipt showing payment of electricity bills, a mutation Khatian and a receipt showing payment of Tk. 25 lakh to the defendant No.07 in the Court. The trial Court has also recorded that the Bank has filed Artha Rin Suit No.574 of 2005 for the realizat......gh Court Division (Civil Appellate Jurisdiction) Present: MA Hye J Md. Rezaul Hasan J Sonali Bank Limited……………………Defendant-Appellants Vs. Syed Shakhawat Hossain and others…………………………………Plaintiff-Respondents Judgment August 21, 201..Category: Administrative Law | Date: | Hits: 212
Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)
....etitioner Vs. Abdul Barek Chowdhury and others………………………………………………………..Opposite parties Judgment August 29, 2006. Result: The Rule is made absolute. Cases Referred to- Nurul Islam Vs. Md. Abdur Rashid and others, 37 DLR (AD)32; Morsal...... of receipt of this order. Communicate this order at once with a copy of Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 300. ...... filed two applications, one for recalling P.Ws.2-5 for cross-examination and another for examination of witness on behalf of defendant No.22 herein-petitioner. After hearing the learned Judge of the trial Court, by order dated 17-04-2004 rejected both the applications. 6. Being aggrieved by afor...... Jamuna Builders Ltd., represented by it's Managing Director, Md. Nurul Islam………………………………………………………Defendant No.22 Petitioner Vs. Abdul Barek Chowdhury and others………………………………………………………..Opposite parties Judgm..Category: Property Law | Date: | Hits: 58
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....that a parcel of land measuring 9 decimals of Plot No.234 appertaining to C.S. and S.A. Khatian No.14 of Mouza Barisur under P.S. Keraniganj, District-Dhaka belonged to Abdul Hamid, being the predecessor of the plaintiffs. About 70 years before the filing of the suit the said Abdul Hamid allowed a p......on the immoveable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license. 53-55……………………. 56. Lincence when transferable.-Unless a diff......tiffs and their predecessor Abdul Hamid. Such possession was never by virtue of any licence, rather it constitutes at least an adverse possession for a long time resulting in acquisition of title The trial Court framed 5 issues, namely on-(l) maintainability of the suit, (2) existence of right, titl...... asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioners Vs. Mst. Robila Khatoon and others……………………………Opposite parties Judgment February 25, 2010. Result: The Rule is made absolute. Cases Referred to- Jute Trading Corporation Ltd. Vs. Khona Rani Goha digested in 5 BSC......rial Court in Title Suit No.145 of 1994 dismissing the suit is hereby restored but m the light of observations made above. The interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in......he was the daughter of co-wife of her husband. Insun Bibi or her children did not inherit the property left by Khanto Bibi. 6. On the basis of the aforesaid pleadings of the respective parties the trial Court framed the following issues:- I) Whether the suit was maintainable in its present for......rds. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ..Category: Property Law | Date: | Hits: 52
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....t: AKM Asaduzzaman J MR Hasan J Bayazid (Md.) ……………….Petitioner Vs. State ………………..Opposite Party Judgment August 9, 2009. Result: The Rule is made absolute. Case Referred to- 60 DLR 629; 55 DLR (AD) 33; 60 DLR (AD) 147; ASS Mohammad Ali Vs. St......ance by the learned trial Court as contemplated under subsection (1) of section 32 of the Ami Corruption Act (the Act). 10. In view of the facts and circumstances of the case stated, we are mainly called upon to consider (1) as to whether sanction was necessary under Rule 16(1) of the ACC Rules 2...... to GR Case No. 451 of 2007 arising out of Kotwali PS Case No. 59 dated 21-6-2007. Under section 161 of the Penal Code read with section 5(2) of the Prevention of Corruption Act 1947, now pending for trial in the Court of learned Special Judge, Mymensingh. Accordingly, a Rule has been issued upon th......o show cause as to why the proceedings of the said Special Case No. 3 of 2009 under section 161 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 shall not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. At..Category: Anti-Corruption Laws | Date: | Hits: 44
Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)
....d others………………………………..Petitioners Vs. Md. Shamsuddin………………………………….Opposite Party Judgment June 24, 1997. Result: The Rule is made absolute. Case Referred to- Md. Matiur Rahman Vs. Md. Iman Ali and others, 1981 BLD (AD) 280. ......ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ......case land by making earth‑work but the pre‑emptor did not deposit the said improvement cost along with the pre‑emption application and, as such, the case is liable to be dismissed. 4. At the trial the pre‑emptor examined 4 witnesses and contesting opposite party No.1 examined 5 witnesses ......at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ..Category: Property Law | Date: | Hits: 54
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....mders and he has title in the suit land. The plaintiff‑petitioner alleged in his plaint, inter alia, that he by registered kabala dated 23‑4‑59 purchased the suit land in the names of his minor sons namely, defendant Nos.1 and 2, who were 8 and 1½ years of age at that time to avoid his credit......ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ......itioner also filed an application for temporary injunction on 8‑9‑86 in order to restrain the defendant Nos.1 and 2 from dispossessing the suit land including huts and trees standing thereon. The trial Court, thereupon, issued show cause notice on the said defendants and passed an ad‑interim o...... ..Category: Civil Law | Date: | Hits: 59
Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
....rs……………………………………Petitioners Vs. Kafiluddin and others……………………………Opposite Parties Judgment July 25, 1996. Result: The Rule is made absolute. Cases Referred to- Ashraful Huq and others Vs. Anwar Ahmed and others, 1981 BCR (HC) 3...... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ......itle Suit Nos.50 and 54 of 1984 against the same vendor opposite party No.2, Mahmuda Begum Chowdhury on the basis of their two separate bainapatras and obtained decrees in both the suits on analogous trial. The Judgment debtor opposite party No.2 preferred First Appeal Nos.24 and 25 of 1989 in the H......This case is also Reported in:49 DLR (HCD) (1997) 569. ..Category: Procedural Law | Date: | Hits: 69
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....n) Present: SM Ziaul Karim J Mohammadullah………...Petitioner Vs. Abu Taher and others…………..Opposite Parties Judgment March 9th, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Hajarilal Mondal Vs. Md. Mozaffor Bepa......ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ......tent Civil Court. 5. On the pleadings, different issues were settled including issue of maintainability and issue whether judgment of the Village Court is without jurisdiction. 6. In course of trial, plaintiffs examined four witnesses, of them P.W. 1, Abu Taher (plaintiff No. 1) who narrated ......orted in: 61 DLR (HCD) (2009) 755. ..Category: Civil Law | Date: | Hits: 48
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....ers…………….Petitioners Vs. Mothaharuddin Miah being dead his heirs: Marzan Gouch and others…………..Opposite Parties Judgment May 22, 2006. Result: The Rule is made absolute. Case referred to- Rafiqul Islam (Md.) Vs. Mir Abdul Ali, 44 DLR (AD) 176. Lawyers I......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ...... P.Ws. The pre-emptor adduced documents which were marked as Exhibit Nos.1-3 and the documents adduced by pre-emptee No.2 were marked as Exhibit A and B. 8. Considering the evidence on record, the trial Court allowed the miscellaneous Case. On an appeal therefrom at the instance of pre-emptee No....... 27 BLD (HCD) (2007) 180. ..Category: Property Law | Date: | Hits: 38
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
....tion and sentence dated 26.8.2001 passed by the Additional Sessions Judge, Madaripur convicting the accused-appellant under section 302/34 of the Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Tk. 10,000/- in default to suffer rigorous imprisonment for 2 ...... as such the trial is vitiated. Substantiating his arguments the learned counsel pointed out from the charge sheet and the cross-examination of P.W.4 Hamed Sheikh that the deceased Mujibor Rahman was called out by the accused persons on 31.12.1994 and the deceased Haider Ali went out from the house ......olice started investigation of the case and after completion of the investigation submitted charge sheet against the accused-appellant and others under sections 364/302/34 of the Penal Code. 4. On trial charge was framed under sections 364/302/34 of the Penal Code against the accused-appellant wh......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondent Judgment November 28, 2006. Result: The appeal is allowed. Cases Referred to- State Vs. Azahar Gazi, 23 DLR 32; Abdul Aziz Vs. Sekandar Ali, 50 DLR 111; Siraj Vs. Crown, 9 DLR (FC) 177. State Vs. Khasru @ Syed Mostafa Hossain, 43 ..Category: Criminal Law | Date: | Hits: 43
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....of the Rule is as follows:- One Monjur, the then Inspector of District Anti-Corruption Officer, Chittagong lodged the FIR stating that in order to facilitate Chittagong "Press Club" to receive handsome amount, the accused-petitioner, holding public office, asked the Chief Account Officer to reali......is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ......able under sections 420/409 read with section 5(2) of Act II of 1947. On such ground the FIR was recorded on 9-2-1991 and on investigation police report was submitted with a recommenÂdation to stand trial of the accused-petitioner on 9-2-93 followed by the sanction as required by law received from ......sion (CriminalRevisional Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J Mahmudul Islam Chowdhury…………………………Accused-Petitioner Vs. State and another………………………Opposite-Parties Judgment February 22, 2012. Result: ..Category: Procedural Law | Date: | Hits: 59
Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
....also Reported in: 14 MLR (HCD) (2009) 457. ......plementary affidavit and the documents annexed. 4. Opposite party No.1, FDC filed the above noted compliant case stating that on 25.07.1999 a contract was signed between FDC and a partnership firm called M/S Light and Sound owned by the two accused-petitioners Baby Masum and another. The substanc......il Both of partnership producer Messers Light and Sound 47 Bijoy Nagar (2nd Floor) Dhaka 1000……………………….Petitioner Vs. 1. Bangladesh Film Development Corporation, Tejogaon Industrial Area, Dhaka 1208, Represented by its Law Officer Md. Ruhul Amin son of late Mohabbat Ali Patwa......d. Emdadul Huq J 1. Baby Masum, son of Ohidur Rahman Bhuiyan……………………….Petitioner 2. Abdul Kader alias Kader, son of late Abdul Jalil Both of partnership producer Messers Light and Sound 47 Bijoy Nagar (2nd Floor) Dhaka 1000……………………….Petitioner Vs. 1. B..Category: Criminal Law | Date: | Hits: 66
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