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M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
.... পারিবে।” 5. Mr. Mesbahuddin has argued that since specific date was given in the preliminary decree with a direction for payment of the decreetal amount within 4(four) months, the right to apply to make the preliminary decree final accured after the expiry of 4(four) months. The ......tition No.3707 of 2003. Judgment Md. Awlad Ali J.- This Rule arises out of an order dated 24.4.2003 passed by the Joint District Judge and First Artha Rin Adalat, Dhaka allowing the application for making preliminary decree final under Order 34 Rule 5 of the Code of Civil Procedure. 2. Brie......ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ......ion of attachment against the petitioners, and the petitioner No.2 informed by one of the officials of the respondent bank about the filing of the title execution case. It has been contended that the trial Court which was passed the preliminary decree had no lawful authority to draw final decree aft..Category: Limitation Law | Date: | Hits: 162
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....d restraint of Fazlu alias Hafiz alias Hafizur Rahman alias Happy in bar fetters should not be declared to be without lawful authority and /or to be unconstitutional as being violative of fundamental rights under Articles 27, 31 and 3.5 of the Constitution and/or as to why the provisions of the pris......t Nozrul Islam Chowdhury J.- This Rule Nisi was issued on 08.06.1997 calling upon the Respondents to show cause as to why Fazlu alias Hafiz alias Hafizur Rahman alias Happy should not be brought before this Court so that it may satisfy itself that he is not being held in an unlawful manner and to......ion of the provisions to a particular category of person, in such a situation the discretion circumscribed by the requirements fixed on the prison authority charged with the duty to manage internal affairs of the prison for the selection of application of those provisions of law as such certainly no......56 and 58 of the Prisoners Act, 1894 and the Rule Nos. 485, 486, 708, 718 to 721 of the Jail Code. Since these are the provisions of law relating to imposition of bar fetters to a convict or an under trial prisoner. Since imposition of bar fetters is a sentence for the offences committed within the ..Category: Constitutional Law | Date: | Hits: 219
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....s the vendor on the allegation that opposite party No.2, Monwara Begum sold the case land to opposite party No.1, Abdul Hakim by a kabala which was executed on 18-6-1996 and with a view to defeat the right of pre-emption the opposite party Nos.1-2 collusively and cunningly described the deed of tran......r against the judgment and Order passed in Miscellaneous (pre-emption) Case No.17 of 1996. The said Miscellaneous Appeal was subsequently transferred to the Subordinate Judge, 1st Court , Gazipur for disposal, who by judgment and Order dated 30-8-2001 allowed the said appeal upon reversing the......llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ......e-emptee opposite party contested the case by filing a written objection contending that the case is not maintainable in law. The learned Assistant Judge, 4th Court, Gazipur Sadar after conclusion of trial by its judgment and Order dated 20-4-1994 rejected the said pre-emption case. 3. After pass..Category: Property Law | Date: | Hits: 117
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
.... to show that the father of the present pre-emptor opposite party sold out the said property i.e. the land appertaining to Plot No.951/1425. Thus he exhausted himself and present pre-emptor having to right, title and interest in the said plot as contiguous plot owner of the pre-empted land. 10. T......ite party No.1 to show cause as to why the impugned judgment and order dated 29-5-2000 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Miscellaneous Appeal No.63 of 1993 disallowing the aforesaid Miscellaneous Appeal and affirming the judgment and order dated 30-1-1993 passed by the l...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ...... and have been paying rents etc. That in view of the aforesaid facts and circumstances the present false pre-emption case of the petitioner is liable to be dismissed with cost. 5. That the learned trial Judge on the basis of the pleadings of the parties framed as many as 5 issues for effectual di..Category: Property Law | Date: | Hits: 138
Chandra Banu wife of Lalu Mallick Vs. State and another, 1982, 11 CLC (HCD)
....Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ......Judge, Patuakhali, affirming the order of the Sub-Divisional Magistrate allowing withdrawal of a criminal case under section 494 of the Code of Criminal Procedure. We have heard the learned Counsel for the complainant petitioner and the learned Deputy Attorney General, perused the petition and the......ion and report compliance please. Sd/-Illegible. 30/8 (S. F. Karim) Superintendent of Police Patuakhali." 4. The learned Deputy Attorney General when confronted with the situation was fair enough to submit that he finds it difficult to support the impugned order. It is indeed surpris......Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ..Category: Criminal Law | Date: | Hits: 94
Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
..... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ......er or further order or orders as to this Court may seem fit and proper. 2. The Opposite Party as Plaintiff instituted Family Suit No.21 of 1999 in the Family Court, Kishoreganj, Nilphamari praying for dower money amounting to Tk.75,241/- and maintenance for Tk. 2,250/- stating, in nutshell that s....... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ......ed 14.10.1999 as per a village salish. Thereafter the Plaintiff has filed the suit upon some false allegations. 4. Both the parties adduced evidence in support of their respective cases. 5. The trial Court on considering the evidence on record decreed the suit by the Judgment and decree dated ..Category: Family Law | Date: | Hits: 224
Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)
....f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ......, 5th Court, Sadar, Chittagong in Execution Case No.13 of 1997 should not be set aside and/or such other or further order or orders pass as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the Petitioner as plaintiff instituted Other Class Suit No.84 of 1......f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ......cedure provides the procedure for executing the decree. The decree although does not contained the direction for handing over possession through Court but the same has been done in advertently by the trial Court. Whenever the decree for execution was pending before him, he was empowered to execute t..Category: Procedural Law | Date: | Hits: 253
....ranted by this Court dated 23.11.2004 is hereby vacated.
13. The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 418.
......March 18, 2007.
Result:
The Rule is discharged.
Case Referred to-
Secretary, Ministry of Education Vs. Anowar Hossain and others, 2 MLR (AD) 25.
Lawyers Involved:
Md. Abdul Awal Mia for Md. Muzibur Rahman - For the Petitioner.
Md. Tafazzal Hossain - For the Opposite Party.
Ci......t to hold that the school authority and the Petitioner with a view to harassing a poor female school teacher have resisted her from paying her salary. The conduct of the defendants Petitioner are not fair. In view of the above I find that the exemplary costs is liable to be assessed against the defe...... appeal was heard by the learned Additional District Judge, 3rd Court, Comilla who by the impugned Judgment and decree dated 30.7.2002 dismissed the appeal and modified the Judgment and decree of the trial Court and decreed the suit in full. By that decreed the learned Additional District Judge dire..
Category: Civil Law | Date: | Hits: 104
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
....ies. 3. The precise facts forming background of this Revision Petition are stated succinctly hereunder. 4. Pre-emptors-opposite parties in capacity of co-sharers by way of inheritance exercised right of pre‑emption on laying a petition under section 96 of The Act in the Court of Assistant Ju......8. Judgment AK Badrul Huq J.-Feeling aggrieved by a Judgment recorded by appellate Court allowing a Preemption Miscellaneous Case laid under section 96 of The State Acquisition and Tenancy Act (for short The Act) reversing Judgment passed by trial Court dismissing Preemption Miscellaneous Case......is where a person who knows that he is entitled to impeach a transaction or to enforce a right neglects to do so for such a length of time that under the circumstances of the case the other party may fairly infer that he has waived or abandoned his right." "Acquiescence" as stated in Wharton's La......eved by a Judgment recorded by appellate Court allowing a Preemption Miscellaneous Case laid under section 96 of The State Acquisition and Tenancy Act (for short The Act) reversing Judgment passed by trial Court dismissing Preemption Miscellaneous Case, one of the pre-emptees as petitioner approache..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....' is available with the record, which bears the seal of the Subordinate Judge Court, Narayanganj with date of filing as on 30‑7‑1986. So, the photocopy of original 'Will' cannot be thrown away outright as the courts below did in the present case. In view of the section 337 of the Act, the courts......case. 2. The relevant facts giving rise to this appeal, in short, are that the petitioner Durga Rani Sutradhar wife of the deceased testator Hari Pada Sutradhar filed the above Will probate case before the District Delegate Subordinate Judge Narayanganj on 13‑7‑1986 under section 276 of the S......ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ......vidence may be necessary there is no way out but to send the case back on remand for proper adjudication of the necessary points in issue, which have already been pointed out previously. However, the trial Court will be at liberty to issue fresh citation summons on the OPs if it is felt necessary an..Category: Property Law | Date: | Hits: 113
.... petitioner was subjected to victimization for his trade union activities as because he was elected the President of the Trade Union of the employees of the respondent No.1 twice and fought for the right cause of the employees and also he was subjected to discrimination as some other employees of ......
Vs.
Board of Intermediate and Secondary Education, Comilla & others………………Respondents
Judgment
May 16, 2006.
Result:
Case Referred to-
Chairman, Bangladesh Council for Scientific and Industrial Research (BCSIR) Vs. Abdul Khaleque, 43 DLR (AD) 209.
Lawyers Invol......t his case, purportedly acting under the undue influence of the respondent No.2 and 3, submitted a biased and motivated report on 20-5-1996 against the petitioner in complete disregard to justice and fair play. Thereafter, by a notice dated 26-5-1996, respondent Nos.2 and 3 asked the petitioner to s......mediate and Secondary Education, Comilla & others………………Respondents
Judgment
May 16, 2006.
Result:
Case Referred to-
Chairman, Bangladesh Council for Scientific and Industrial Research (BCSIR) Vs. Abdul Khaleque, 43 DLR (AD) 209.
Lawyers Involved:
Subrata Saha, Ad..
Category: Employment/Service Law | Date: | Hits: 205
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
....tenable in law for noncompliance of proviso to section 33 of the Arbitration Act is absolutely correct and in that view of the matter he submits that the learned Subordinate Judge in the instant case rightly kept this written objection out of his consideration by rightly holding that the same is bar......rted from FMA No. 385 of1994). Judgment Syed Amirul Islam J.- This appeal arises out of a proceeding under sections 14 and 17 of the Arbitration Act. 2. The relevant facts that are necessary for the purpose of disposal of this appeal are that, the Progati Prakaushali an enlisted a class con...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ......that the application filed by the second party appellant under section 33 of the Arbitration Act is hopelessly barred by limitation and the application itself did not deserve any consideration on the trial Court due to non‑compliance of the proviso to section 33 of the Arbitration Act and in that ..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abdul Latif Vs. Md. Sheesh, 1982, 11 CLC (HCD)
....st the defendant declaring that the defendant's said sale-deed No. 12779 dated 28-7-76 of the Sadar Sub-Registry Office, Dacca in respect of the suit property is null and void and it has created no right, title and interest therein to the defendant; …………………… The plaintiff pe......Opposite Party. Civil Revision No.803 of 1980. Judgment Mustafa Kamal J.- This rule arises out of an appellate Order confirming the trial Court's Order returning the plaint of the suit for presentation in the proper forum having jurisdiction. 2. The plaintiff petitioner instituted ......The valuation matter is decided in favour of the plaintiff and the learned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ...... Farooqui - For the Petitioner. No one - For the Opposite Party. Civil Revision No.803 of 1980. Judgment Mustafa Kamal J.- This rule arises out of an appellate Order confirming the trial Court's Order returning the plaint of the suit for presentation in the proper forum having jur..Category: Civil Law | Date: | Hits: 123
Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)
..... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ......isal allowing withdrawal of a case pending against the accused opposite party No.2 under section 302 of the Penal Code read with Special Powers Act, 1974. 2. We have heard the learned Counsels for the petitioner, the accused opposite party No.2 the learned Deputy Attorney General and peruse......ity) Order, 1972 (President's Order No.16 of 1973). In reply, the learned Counsel for the accused opposite party has produced before us a Photostat copy of a circular issued by the Ministry of Home Affairs, Government of Bangladesh dated 10.1.1980, whereby the Government directed withdrawal of all c......rsons including opposite party No.2 were charge-sheeted under section 302 of the Penal Code read with Special Powers Act, 1974. The occurrence took place on 7.12.74. When the case was pending trial before the Additional Sessions Judge-cum-Special Tribunal No. III, Barisal an applicatio..Category: Criminal Law | Date: | Hits: 145
Abul Hosain Sikdar Vs. State, 1982, 11 CLC (HCD)
....he provisions of law took cognizance of the case and summoned the accused. We have, therefore, no hesitation in holding that the entire proceedings from the point of investigation right up to the order taking cognizance by the Sub-divisional Magistrate, was wholly without lawful ......n No.282 of 1979. Judgment Abdur Rahman Chowdhury J.-This rule arises out of a criminal proceeding against the accused petitioner and others under section 295A of the Penal Code with a prayer for quashing of the proceeding under section 561A of the Code of Criminal Procedure. We have hear......nd forthwith. The rule is, accordingly, made absolute. Send down the records at once, Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 201. ......officer shall investigate a non-cognizable case without the order of a Magistrate of the first or second, class having power to try such case or send the same for trial. In the instant case not only investigation and re investigation were done without..Category: Criminal Law | Date: | Hits: 115
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
....d money to the deceased Joinal Abedin for going abroad who paid the same to the accused Roushani. She further submits that the learned Judge of the trial Court upon considering the evidence on record rightly found the appellant guilty and accordingly convicted and sentenced her which calls for no in......er dated 07-07-1999 passed by the learned Sessions Judge, Sherpur in Session Case No.37 of 1997 convicting the appellant under section 302 of the Penal Code and sentencing her to suffer imprisonment, for life and also to pay a fine of Tk. 2,000.00 in default to suffer rigorous imprisonment for one y......nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ......6 corresponding to G.R. Case No.451 of 1996. 3. The Police after investigation submitted charge sheet accusing 6(six) witnesses including the appellant. 4. Eventually the accused were placed on trial in the Court of Sessions Judge, Sherpur to answer the charge under sections 302/34/201 of the ..Category: Criminal Law | Date: | Hits: 142
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
.... his deposited money of Taka 3,00,000/- back as such the trial Court was wrong in not holding that the respondent has violated the terms and conditions of the agreement and thus the respondent has no right under the agreement dated 19.12.1990 to get relief and that the respondent has neither made an......000 With Civil Rule No.263 (F) 2000. Judgment Siddiqur Rahman Miah J.- This appeal along with the Civil Rule being No.263(F) 2000 which has arisen out of this appeal is taken up together for disposal. 2. This appeal at the instance of the defendants is directed against the Judgment a......at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ......execute and to register a sale deed on receipt of the remaining amount of Taka 12,28,000/-. Whereas the respondent served legal notices to have his deposited money of Taka 3,00,000/- back as such the trial Court was wrong in not holding that the respondent has violated the terms and conditions of th..Category: Civil Law | Date: | Hits: 102
Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)
....d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ...... Ahmed J Abdus Samad @ Md. Abdus Samad.............................Petitioner Vs. The State..........................Respondent Judgment November 27, 2011. Result: This petition for leave to appeal is dismissed. Case Referred to- Md. Abdul Majid Barker Vs. The State 40 DL......d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ......arge sheet against 12 persons including the petitioner on 28.04.2000 under sections 148/149/ 323/ 435/ 302/ 114 of the Penal Code. 5. Upon the aforesaid allegations the accused persons were put on trial before the Additional Sessions Judge, Sherpur to face the charges under sections 148/ 149/ 323..Category: Criminal Law | Date: | Hits: 116
.... his two sons Muktar Ahmed and Iqbal Hussain and two daughters Fahmida Khatun and Akbari Khatun have been possessing the case properly as Ahmed Reza's heirs and heiresses and while they were thus the rightful owner in possession of the property in question they sold the same to the petitioners by tw......dings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. 54 of 1985) against respondent No.2 Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development, praying for exclusion of the case property in Holding No. 8B/B, 2nd Colony, Mirpur, Dhaka from the ‘Kha' l......y" on 23‑9‑1986 without serving the statutory notice upon the occupiers as required by Article 7(3) of Ordinance No.54 of 1985 appears to be wholly illegal and arbitrary.
13. The principles of fairness in government action requires that government functionaries must act according to law and m......he Bangladesh Gazette Extraordinary dated 29thSeptember, 1986), has been made without any lawful authority and is of no legal effect.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 325.
..
Category: Property Law | Date: | Hits: 116
....t from defendant No.2 if defendant No.3 failed to repay the loan. Such findings of the Court of appeal are absolutely against the evidence on record both oral and documentary. The High Court Division rightly made an observation that defendant No.2 could approach the concerned Court to return the mon......ment And Commerce Bank Ltd. (IFIC Bank Ltd)….......Appellant
Vs.
Abdur Rahman and Others……………………………..Respondent
Judgment
April 8, 2012.
Result:
The Petition for Leave to Appeal is dismissed.
Lawyers Involved:
Shah M. Zahurul Huq, Advocate instructed b......roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
......heard simultaneously by the learned Joint District Judge, 3rd Court, Dhaka. The S.C.C. Suit was decreed, but Other Class Suit No.6 of 1997 was dismissed. Against the judgment and decree passed by the trial Court, in Other Class Suit, the said Saifuzzaman filed First Appeal No.409 of 1999 and Civil R..
Category: Civil Law | Date: | Hits: 174
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