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Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
....missioner (Rev.) Chittagong and the then Board of Revenue, East Pakistan setting aside the auction sales in pursuance of three certificate cases were void, illegal and without jurisdiction. The other prayer of the plaintiffs was for declaration of the then East Pakistan High Court in Writ Petition N......Opposite Parties. Judgment August 9, 1989. Cases Referred to- Dwarkanath Mandal and another Vs. Sri Gobinda Chowdhury, AIR 1929 Cal 130; Wolverhampton New Water Works Company Vs. Hawkesford, 37 LJ 248; Secretary of State Vs. Mask & Co., AIR 1940 PC 105; Rajnandan Prasad Vs. Mukh L....... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242........ The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242...Category: Civil Law | Date: | Hits: 79
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....rily decline to interfere until the aggrieved party has exhausted his statutory remedies. In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237.......pondent. Writ Petition No. 309 of 1990. Judgment Fazle Hussain Mohammad Habibur Rahman J. - The petitioner Md. Serajul Islam, Inspector of Food, Golapganj Upazila, District Sylhet has prayed for issuance of Rule Nisi calling upon respondent No. 1, Director General of Food to show cause why ......In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237.......In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237...Category: Administrative Law | Date: | Hits: 175
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....it plot has not been partitioned amongst the co‑sharers, the defendants were trying to construct building on the valuable portion of the above plot. So they were compelled to life above suit with a prayer for temporary injunction. 3. The defendant Nos. 1 and 2 contested the application for temp......be set aside. 2. Plaintiffs are the petitioners in this application. It is their case that they filed a suit being title Suit No. 35 of 1986 in the Court of the learned Subordinate Judge, Faridpur for partitioning the suit land. The plaintiffs after filing the suit filed an application under Orde......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226...Category: Property Law | Date: | Hits: 59
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....the Tribunal for time but this petition was rejected and PW 1 was called into the witness box and the Public Prosecutor started examining him in chief. This behaviour of the Tribunal in rejecting the prayer of the accused put the defence lawyers, who are by that time appearing for the accused before...... For the State. Criminal Miscellaneous Case No. 356 of 1991. Judgment Anwarul Hoque Choudhury J. - This Rule arises out of an application under section 526 of the Code of Criminal Procedure for transfer of Special Tribunal Case No. 60 of 1991 now pending in the Court of Senior Special Trib......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....culiarly within the knowledge of the accused alone who had absolute control over the Ramna Police Station and the victim Arun was in their absolute custody. 29. Mr. Aminul Huq at the outset made a prayer to get the evidence given by Abu Miah, father of the deceased Arun before the committing Magi...... 1987 and 188 of 1987 convicting all the accused‑appellants under sections 304, Part 11/34 of the Penal Code and also to pay a fine of Tk. 5,000/‑ each, in default to suffer rigorous imprisonment for one year more. A case being UD Case No. 10 of 1986 was Started on the death of one Shafiqul Isla......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ..Category: Criminal Law | Date: | Hits: 87
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
....e legal notice the defendant did not pay the repairing cost of MN Modhumati and as such the plaintiff had no other alternative but to file the suit claiming compensation for the amount as made in the prayer. 3. According to the plaintiff the above suit was filed out of time by 165 days and as suc......Khondker Mahbubuddin Ahmed with Khondker AM Mohsenuddin, Advocates ‑ For the Defendant. Admiralty Suit No. 21 of 1987. Judgment Md. Mozammel Hoque J.- In this suit the plaintiff has prayed for a decree for an amount of Tk. 22,949.00 against the defendant alleging, inter alia, that plainti...... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ...... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Malik Mohammad Amin Anowar Vs. Shahjahan Mia and others, 1990, 19 CLC (HCD)
....ik Mohammad Amin Anowar filed an application before a Single Bench of the Permanent Seat of the High Court Division at Dhaka for calling for the record of the Revision Case from Barisal Sessions. The prayer was allowed on 26.11.89 and the record received here without any notice or intimation to the ......ioner. Not represented‑ the Petitioner‑Opposite Party. Civil Revision No. 485 of 1987. Judgment DM Ansaruddin Ahmed J.- This is an application by opposite party respondent‑plaintiff for vacating the judgment passed ex parte on 13.02.90 making absolute the Rule issued in Civil Revis......atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ......atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ..Category: Procedural Law | Date: | Hits: 73
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
....trate for recording their confessional statement. On that day he made an application to the Magistrate for taking the confessing accused to his custody on remand. It was suggested to him that he made prayer for remand only to terrorise the confessing accused. It has also been suggested that he had p...... Judgment AKM Sadeque J.- The appellants Md. Shajahan, Md. Mosleuddin and Md. Sakur Ali have been convicted under sections 302/34 of the Penal Code and sentenced to suffer rigorous imprisonment for life in a trial before the Sessions Judge, Jhenidah in Sessions Case No. 26 of 1986. 2. The p...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ..Category: Criminal Law | Date: | Hits: 86
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
..... He also assumed the said liability as long term loan as will be evident from his admissions and the documents submitted by him. Annexure-F is the Inventory Sub-committee's report submitted on his prayer for ascertaining the Mills liability, and in paragraph 3, the said amount was shown as long t......of Denmark sanctioned a grant to the Government of Bangladesh to the tune of 200 million Danish Crooner out of which 65 million was allocated to the Bangladesh Sugar and Food Industries Corporation for the above Mills, which is equivalent of Taka 15, 34, 45,000, has been described as long term loa......h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ......h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ..Category: Civil Law | Date: | Hits: 90
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
.... by filing written statement, contending, inter alia, that complicated question of law related to title and possession in respect of the suit property having been involved in the suit, absence of any prayer regarding either declaration of title or establishment of the same, made the suit non maintai......—For the Petitioner. Abdul Quayinn, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 1951 of 2008 (From the judgment and order dated 13-5-2008 passed by the H......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ..Category: Property Law | Date: | Hits: 75
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....ating his position facts and circumstances of the case. Beside the aforesaid representations the petitioner on several occasions met the officers of the respondents and requested them to consider his prayer but ultimately he was unsuccessful. Finding no other way the petitioner served legal notice u......Petitioner. M Nurullah with M Shafiullah, Advocates- For the Respondents. Matter No. 5 of 1988. Judgment Md. Mozammel Hoque J. - This an application under section 38 of the Companies Act for rectification of share register of Uttara Bank Ltd. (previously Eastern Banking Corporation Ltd.......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ried to dispossess the petitioner. Having failed to enter into possession of these lands the said Rafiqul Huq Chowdhury filed an application before the then Sub‑Divisional Magistrate, Bhola, with a prayer for drawing up a proceeding under section 145 of the Code of Criminal Procedure. The learned ......ed J Saifur Rahman………………………………………………..Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Dhaka and others…………………..Respondents. Judgment March 22, 1990. Lawye......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ..Category: Property Law | Date: | Hits: 63
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
....No. 447 of 1969. The said case came up for hearing on 29.12.1972 when the petitioners filed haziras and the said opposite parties filed an application praying for time for taking steps. Upon the said prayer the learned Munsif allowed time subject to payment of cost of Tk. 10.00 to the petitioners an......is Rule at the instance of some of the judgment‑debtors is directed against an order passed by the learned Munsif, Rajshahi rejecting an application under section 151 of the Code of Civil Procedure for restoration of an objection under section 47 of the said Code. 2. The facts which gave rise t......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ..Category: Procedural Law | Date: | Hits: 83
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....ill take effect from the date of filing of the suit and therefore the suit is not barred against him under section 22(1) of the Limitation Act. He has further submitted that in view of the plaintiffs prayer (D) e.g." such other relief or relief, may be granted as the plaintiff may be entitled in law......ppeal by added defendant No. 3 is directed against the judgment and decree dated 8.2.74 passed by the learned Subordinate Judge, 1st Court, Sylhet in Money Suit No. 3 of 1969 and arises out of a suit for realisation of Tk. 19050.12 paisa with interest at the rate of 9% till realisation. 2. The pl......nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201...Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....rmission to cause service of summons upon 7 cited witnesses including the alleged executants of the alleged deeds of purchase of the plaintiffs. The learned Subordinate Judge was pleased to allow the prayer and the summons was issued by the Court upon the cited witnesses. In response to the same onl.......Petitioner Vs. Md. Sharif Hossain and others..................Opposite Party. Judgment May 23, 1990. Lawyers Involved: Abdus Salam Khan, Advocate ‑ For the Petitioner. Md. Lutfor Rahman Mondal, Advocate ‑ For the Opposite Party. Civil Revision No. 225 of 1990. Judgme......f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ......f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ..Category: Property Law | Date: | Hits: 78
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
.... the nature and character of the plaint and cause of action shall be changed. 6. The learned Assistant Judge after hearing by his order dated 16.8.89 disposed of both the applications allowing the prayer for amendment and recorded the following orders: “১৬।৮।৮৯ অদ্য আ......ainst an order passed by him on 16.8.89 allowing amendment of the plaint on the petition filed by the plaintiff. 2. Short facts relevant is, that the opposite party being plaintiff instituted the aforesaid Title Suit No.226 of 1985 for declaration of title and recovery of khas possession on the a......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123...Category: Property Law | Date: | Hits: 79
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....nesses after examination of P.Ws.2 and 3 fixing 26.9.91 on which date P.W.4 Badaruddin was examined and fresh warrant of arrest was issued against the remaining witnesses fixing 27.10.91. On 27.10.91 prayer of the prosecution for further adjournment to produce the remaining witnesses was rejected. 2...... the Special Tribunal Judge, Court No. 10, Dhaka in Special Tribunal Case No. 255 of 1991 convicting the appellant under section 19A of the Arms Act and sentencing him to suffer rigorous imprisonment for 10 years. 2. Prosecution case as made out by the informant P.W.1 Md. Abed Ali, SI of Police, ......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ..Category: Criminal Law | Date: | Hits: 75
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....l circumstances upon a proper and intelligent exercise of discretion. The ordinary law is that a person accused of a non-bailable offence must appear before the Court taking cognizance for making a prayer for bail. The prayer can be made when he is arrested or detained with or without warrant and ......ucted by Sufia Khatun, Advocate-on-Record—For the Petitioner. Bivash Chandra Biswas, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-70. Criminal Petition for Leave to Appeal No. 350 of 2010. (From the Judgment and order dated 8-6-2010 passed by the Hi......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ..Category: Criminal Law | Date: | Hits: 89
Ghyas Siddique Vs. Bangladesh, 1990, 19 CLC (HCD)
..... 2. After the case was made ready this Writ Petition along with Writ Petition No. 1706 of 1989 and Writ Petition No. 1321 of 1988 was heard on 2nd, 3rd, 4th and 5th April, 1990. On 10.4.90 on the prayer of the learned Attorney‑General Mr. Rafique‑ul Huq the matter was adjourned for filing af......706 of 1989 and Writ Petition No. 1321 of 1988 was heard on 2nd, 3rd, 4th and 5th April, 1990. On 10.4.90 on the prayer of the learned Attorney‑General Mr. Rafique‑ul Huq the matter was adjourned for filing affidavit annexing the copies of the Government order rescinding and withdrawing the impu......the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ......the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ..Category: Criminal Law | Date: | Hits: 71
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....pproval of the waiver of the mandatory destruction test and placed the same before the Chief Engineer (project) who placed the said note with his recommendation before the Member Engineering. But the prayer for waiver was refused by the Member referring the note to the Chairman, REB. Subsequently, R......olved: Mrs. Sufia Khatun, Advocate-On-Record- For the Petitioner. Syed Mahbubar Rahman, Advocate-On-Record-For the Respondent No.1. Not Represented-the Respondent Nos.2-5. Civil Petition for Leave to Appeal No.1841 of 2009. Judgment Md. Muzammel Hossain J. - This petition for leav......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ..Category: Employment/Service Law | Date: | Hits: 175
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