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Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....s; that thereafter the opposite party No.2, Arshadul Shafi requested the accused petitioner Haji Mohammad Salim Ullah to complete the accounts of the business but the accused petitioner refused to do so as a result he appointed a audit firm to submit a audit accounts. Thereafter on 10.06.2007 the au......nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......the proceeding of the case and the accused petitioner filed another application under section 265C of the Code of Criminal Procedure has been filed for discharging the charge of the case. The learned trial court after hearing both sides was pleased to reject the application under section 344 of the ...... (Special Original Jurisdiction) Present: Siddiqur Rahman Miah J Muhammad Abdul Hafiz J Haji Mohammad Salim Ullah……………………………………Petitioner Vs. The State and another………………………………………Opposite Parties Judgment January 27,..Category: Criminal Law | Date: | Hits: 107
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....n @ Saleha Begum……………………………..Petitioner Vs. Abdur Rahman Kha………………………..Opposite Party Judgment November 1, 2009. Result: The rule is made absolute. No appeal lies from any order or decree passed in any suit instituted under section 9 of......ntained. The order of injunction at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ......e was transferred to and heard by the Subordinate Judge, Second Court, Faridpur who set aside the aforesaid judgment and decree and sent back the case on remand to the concerned lower court for fresh trial (trial afresh) with the observation, “বিজ্ঞ নিম্ন আদালতক......y Judgment November 1, 2009. Result: The rule is made absolute. No appeal lies from any order or decree passed in any suit instituted under section 9 of the Specific Relief Act, 1877 and the only remedy lies against such decree/order is the revisional jurisdiction of the High Court ..Category: Civil Law | Date: | Hits: 114
....Petitioner
Vs.
Rafique Uddin Ahmed being dead his heirs 1(Ka) Fatema Begum and others…………………..Opposite Parties
Judgment
February 15, 2010.
Result:
The rule is made absolute.
Lawyers Involved:
Md. Mustafizur Rahman - For the Petitioners.
Md. Haroon-Ar......ined.
The order of stay granted at the time of issuance of the rule is hereby vacated.
Send down the L.C. Records immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 444.
......suit was not maintainable in its present form, that there was defect of parties, and that the Title Suit was liable to be dismissed.
6. Both sides examined witnesses and exhibited documents at the trial and that the trial Court decreed the suit and on appeal the title Suit was remanded to the tri......own the L.C. Records immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 444.
..
Category: Civil Law | Date: | Hits: 103
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....l Chandra Halder…………………............Petitioner Vs. Hasina Begum and others ………..............Opposite Parties Judgment October 10, 2012. Result: The Rule is made absolute. Lawyers Involved: Bhabesh Chandra Ghosh with Md. Mubarak Hossain, Advocates-For the pe......rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ......as filed. In that proceeding the possession of suit land was determined in favour of the defendants. In fact the plaintiffs filed the present suit for grabbing the land. 5. On the above pleadings, trial Court framed the issues, namely, whether the suit was maintainable in its present form, whethe...... records. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 73
Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)
....resent opposite party No.1 received 370 votes and opposite party No.2 got 292 votes, opposite party No.3 got 113 votes, opposite party No.4 got 75 votes and opposite party No.5 got 41 votes. It was also alleged that the present opposite party No.1 (petitioner of the election, petition). was declared......han, Advocate - For the Petitioner. No one appears - For the Opposite Parties. Civil Revision No.1730 of 2006. Judgment Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why the impugned Judgment and order dated 20-4-2006 passed by the le......etitioner has established a proper foundation for recounting of ballot papers. The opposite party No.1 of the election petition seriously contested the plea of recounting of ballot papers. 4. The trial Court on consideration of the evidence including the facts and circumstances of the case by Ju......or the Opposite Parties. Civil Revision No.1730 of 2006. Judgment Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why the impugned Judgment and order dated 20-4-2006 passed by the learned District Judge, Pirojpur being Election Appellate Tr..Category: Election Law | Date: | Hits: 509
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....…………Petitioner Vs. Government of the People's Republic of Bangladesh………………………………Opposite Party Judgment April 19, 2007. Result: The Rule is made absolute. Doctrine of res judicata Doctrine of res judicata has received a statutory sanction i...... Court's inherent power Murshed, CJ, speaking for the Court, observed at paragraph No.10: "Order VII, rule 11 of The Code, as quoted above, enumerates certain categories under which the Court is called upon to reject a plaint, but, it is obvious that they are not exhaustive. It appears from the......the same parties. The Doctrine, thus, is to achieve finality of dispute between parties being a principle of prudence so as to give efficacy to a finding of Court rather than permit the parties go to trial more or less on the same issues over again. Judicial verdict has its special sanctity and cann...... Judgment April 19, 2007. Result: The Rule is made absolute. Doctrine of res judicata Doctrine of res judicata has received a statutory sanction in The Code as a matter of prudence and to give due weightage to a finding or decision so as to reach finality in the matter of a disput..Category: Property Law | Date: | Hits: 69
Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)
....titioner who allegedly got married for the second time without consent of his first wife (herein defendant-opposite party) was trying to drag the matter. 8. The Senior Assistant Judge though found some latches and defect on the part of the defendant-opposite party because of not examining the doc......ex parte decree passed in Other Class Suit No.152 of 1994. 2. The matter has been appearing at the top of list for last three days with the name of learned Advocate for the petitioner. Today it is called on for hearing, but no one appears. It is an old matter pending for nearly 17 years and proce......r and the application under Order IX rule 13 of the Code (annex-A to the revisional application). It appears that the defendant-opposite party could show sufficient cause for not appearing before the trial Court when the suit was called on for hearing. She was fighting for dower and maintenance by i....... Ruhul Quddus J. - This Rule at the instance of the plaintiff-petitioner was issued on an application under section 115(1) of the Code of Civil Procedure calling in question the legality of judgment and order dated 18.8.1996 passed by the Senior Assistant Judge, Gaibandha Sadar allowing an applicat..Category: Procedural Law | Date: | Hits: 105
....
Result:
The appeal is allowed.
For holding a valid meeting of the Board of Directors written notice must be given to all the member of the board of directors. If anyone is left out, if any resolution is taken in that meeting, it will become invalid. A civil Court may not interfere when ther......nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
......No.1 is bound to follow this. It has been contended that the problem is in the family of the directors wherein the Bank has nothing to do. The parties in litigation produced certain papers before the trial Court at the time of hearing of the partition filed under Order 39, rules 1 and 2 of the Code ......e is also Reported in: 50 DLR (HCD) (1998) 597.
..
Category: Company Law | Date: | Hits: 127
Jalaluddin @ Badsha Vs. State, 1986, 15 CLC (HCD)
....ent and order dated 30-11-82 passed by Mr. Golam Rasul, Assistant Sessions Judge, Kishoreganj convicting the appellant under section 493 of the Penal Code and sentencing him to suffer rigorous imprisonment for 10 years. 2. The prosecution case was that the appellant Md. Jalaluddin alias Badsh...... Khatun aged about 23 years. As a neighbour he used to visit the house of the complainant. They became intimate and mixed with each other as cousins by Courtesy. On 14-2-80 in the night the appellant called down the complainant and gave a proposal to marry her The complainant accepted the proposal......mately he backed out. The complainant then submitted a written complaint to the Sub-Divisional Magistrate, Kishoreganj which was drafted by an Advocate’s Clerk. The accused was summoned and later trial was held by the Assistant Sessions Judge, Kishoreganj upon a charge under section 493 of the P......: Jamiruddin Sircar - For the State. Md. Nowab Ali - For the State. Criminal Appeal No.339 of 1982. Judgment Amin-ur-Rahman Khan J.- This appeal is directed against the Judgment and order dated 30-11-82 passed by Mr. Golam Rasul, Assistant Sessions Judge, Kishoreganj convicti..Category: Family Law | Date: | Hits: 108
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... others…………Respondents (In all the Writ Petitions) Judgment March 22, 2011. Result: All the Rules that sprang from Writ Petitions no7236/10, 826/11, 1048/11 and 1059/11 are made absolute Cases Referred to- ITO Vs. M/S Seth Brothers(AIR 1970 SC 292); Smt. Guwant Kaur and oth......e averments that emerge from the first aforementioned petition, i.e. the Writ Petition no. 7236 of 2010, run as follows; On 20th August 1975 the whole of Bangladesh was purportedly placed under so-called “Martial Law”, following a purported proclamation to that effect on the same day. One Kha...... 5. The FIR led to the purported commencement of a case that was recorded as Special Martial Law Tribunal Case no. 1 of 1976. Both the Petitioners were purportedly found guilty following a so-called trial and the spouse of the Petitioner No.2, a Valiant Freedom Fighter, named Lt. Colonel (Rtd), M.A...... This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....f abatement of the suit on that day. Thereafter the plaintiff filed an application on 1st September 2004, for leave to represent the suit through Mr. Badhan Kumar Goswami, Advocate on the ground that soon after the death of the previous secretary, Shri Badhan Kumar Goswami, Advocate was appointed as......n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......ituted in place of the deceased. The learned Joint District Judge rejected the application and maintained the order of abatement of the suit. 3. It is contended on behalf of the appellant that the trial Court erred in law in treating the suit as one filed by a private individual Shri Piyush Kami ...... This Case is also Reported in: 61 DLR (HCD) (2009) 217. ..Category: Civil Law | Date: | Hits: 104
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....arties to the document. So the complaint informed the accused of the defect, whereupon the accused demanded Tk. 10,000 on the plea that the defect in the document would be cured by way of getting some more statements written in two additional demy papers. In the evening of the same day, the comp......d Assistant-Attorney-General, appearing for the State (opposite party No.1) submits that she has no instruction with regard to this case. 6. We have perused the materials on the lower Court record called for by the Rule issuing order and considered the grounds taken in revisional application. ......Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ...... High Court Division (Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Md. Abdul Jabbar Sarker…………………………..Petitioner Vs. State and another……………………….Respondents Judgment October 25, 2011. Result: Th..Category: Procedural Law | Date: | Hits: 92
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....roved beyond shadow of doubt on the basis of clear, cogent, credible and unimpeachable evidence, question of indicting or punishing an accused does not arise. Right of accused to obtain benefit of reasonable doubt is the necessary outcome and counter part of prosecution undeniable duty to establish ......eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......k Abu Lyes Choudhury, Biplob Bhuiyan, Belal Ahmed, Zakaria Chowdhury and Gopal Chandra Das under section 3/4/6 of Explosive Substances Act. 6. The above six (6) accused persons had been booked for trial before Druta Bichar Tribunal, Sylhet in Druta Bichar (Explosive Substance) Case No.4 of 2003 u......: 15 BLT (HCD) (2007) 279. ..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
.....Defendant-respondent-petitioners Vs. Suruj Ali & Others…………………………Plaintiff-Appellant-Opposite parties Judgment March 22, 2010. Result: The rule is made absolute. Lawyers Involved: Mohammed Mozammel Haque Bhuiyan, Advocate - For the petitioners. ......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......fs claim that the said S.A. record contains the name of the two brothers Mokdom Ali Sheik and Jomu Sheik in equal share and therefore the finding of the learned Appellate Court to the extent that the trial Court ignored the S.A. record and decreed the suit in part has no basis to be considered as la......FM Abdur Rahman J.- This Rule under Section 115(1) of the Code of Civil Procedure 1908, dated 09.7.2005, issued at the instance of the Defendant-Respondent-Petitioner is directed against the judgment and decree dated 13.06.2005 (decree singed on 19.06.2005), passed by the learned Additional District..Category: Property Law | Date: | Hits: 83
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....he beneficiary. In case of an irrevocable letter of credit it pays and negotiates documents on demand and (iv) the seller or the beneficiary in whose favour the credit is normally issued. A credit is sometimes issued by the bank direct to the seller but generally the issuing bank advises the credit ......ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......ned order dated 27-11-2004 passed in Title Suit No.399 of 2004 is hereby set aside and the application for temporary injunction is rejected. 25. In view of the fact this is an old suit of 2004 the trial Court is directed to dispose of the suit as early as possible, preferably within six months fr......l Appellate Jurisdiction) Present: Syed Md. Ziaul Karim J Md. Nuruzzaman J Dutex Enterprise Co. Ltd…………………………………………………Appellant Vs. RMS Textile and Apparels Ltd. and others……………..Respondents Judgment July 7, 2010. Result: ..Category: Business or Commercial Law | Date: | Hits: 365
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....t death is likely to be caused as a result of such injury and there is nothing in the section which necessitates that the homicidal intention or knowledge must be with reference to the life of the person whose death is actually caused……………………………….(13) By 'intention' is me......e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......, 1898 can be attracted in a case of most exceptional nature. Revisional powers of the High Court are purely discretionary, it is permissible for the High Court to interfere at any stage in a pending trial provided there is sufficient material to assume that manifest or patent injustice has been don......e Section 299 of the Penal Code which deals with culpable homicide requires that there should an intention to cause death or knowledge that death is likely to be caused as a result of such injury and there is nothing in the section which necessitates that the homicidal intention or knowledge mus..Category: Criminal Law | Date: | Hits: 66
....…..Petitioner
Vs.
Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others…………………..Opposite Parties
Judgment
August 5, 2009.
Result:
The Rule is made absolute.
Cases Referred to-
5 BLC (AD) 76; 10 MLR (AD) 200; 54 DLR 354; 19 BLD (AD) 240,; 2 MLR......cates - For the petitioners.
Md. Mozammel Haque, Advocate - For the Opposite parties.
Civil Revision No.1776 of 2000.
Judgment
Sheikh Abdul Awal J.- By this Rule the opposite parties were called upon to show cause as to why the impugned judgment and decree dated 27.01.2000 passed by the ......he alleged deed dated 12.01.1961 in favour of the mother of the plaintiffs are false, forged and fabricated and as such the suit is liable to be dismissed.
4. Upon the pleadings of the parties the trial Judge framed 4 issues to decide the suit. At the trial the plaintiffs examined 6 PWs. and the ......igh Court Division
(Civil)
Present:
Sheikh Abdul Awal J
Md. Munsur Ali & others……………………..Petitioner
Vs.
Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others…………………..Opposite Parties
Judgment
August 5, 2009.
Result:
The ..
Category: Property Law | Date: | Hits: 66
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....s of justice. The expression "quashing of proceeding" is one of compendious connotation but its practical result is setting aside or reversal of the order initiating the proceeding. This rule has its source in a maxim which means that when the law gives anything to anyone it gives also all those thi......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......o jeopardy and also to correct patent illegalities……………………………..(8) The High Court Division while exercising power under section 561A should not usurp the jurisdiction of the trial court. The power under the section has been vested in the High Court to quash a prosecution wh...... (Special Original Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Ragib Hasan Khan @ Munu………………………………Petitioner Vs. The State and another………………………………Opposite Parties Judgment July 6, 2009. Res..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....e from the Siemens and in the event of default to institute suit for realisation of the same from Siemens as principal defendant and the respondent as proforma defendant but the bank instead of doing so in collusion with the Siemens have instituted the Arthorin Adalat Case against the present respon......T. No.70 of 2005. Judgment Syed Amirul Islam J.-This Miscellaneous Appeal is taken up for hearing along with an application for vacating the stay filed by the plaintiff-respondents (hereinafter called ‘the respondents'). This miscellaneous appeal is directed against the judgment and order da......int and the admitted documents wherefrom we arrive at a finding that in view of the admitted documents it appears to us that the plaintiffs have been able to prove a strong arguable case to go at the trial. This is a unique noble question of law to our knowledge has been raised for the first time in......ion (Civil Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul J Pubali Bank Ltd……………………………………………………….Appellant Vs. Contech Ltd. and others………………………………………..Respondents Judgment July 9, 2005. ..Category: Civil Law | Date: | Hits: 87
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....hmed J Alam Taj Begum @ Monowar Begum & others…...Petitioners Vs. Nimai Chandra Roy………………….Opposite Party Judgment August 9, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Sultan Ahmed Vs. Fazlul Kabir, 5 DLR ......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......earned Advocate appearing for the petitioners, placed the revisional application, the impugned judgments and decrees, and the depositions of the P.W.s and DWs on record and submitted that the learned trial Court on considering the evidence and materials on record having found that the plaintiff coul...... (2009) 764. ..Category: Procedural Law | Date: | Hits: 69
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