Search Options
Judgment Advanced Search
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....Hoque J Abul Ahsan Joardar……………………Petitioner Vs. Kazi Misbahul Alam……………………Opposite Party Judgment November 30, 1992. Result: The Rule is made absolute. Cases Referred to- Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 38 DLR 4......t an entry into the name of the auditors of the company by publishing their name in the prospectus. It has been further alleged that the appointment of the accused firm was collusively made in a re‑called Annual General Meeting of the company of accused No.1 without mentioning the date of the said......accused No.3 prematurely and unnecessarily audited the accounts of July and August, 1984 of the company of the accused Nos. 1 and 2 with a criminal intention and conspiracy in order to cause wrongful loss or professional injury to the complainant and to defame it by the above publication and thereby..Category: Criminal Law | Date: | Hits: 98
Category: Property Law | Date: | Hits: 89
Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)
....esented by the Chairman having registered office at 73, Motijheel Commercial Area within PS Motijheel Dhaka………………Respondent Judgment April 22, 1992. Result: The Rule is made absolute. Lawyers Involved: Mohanunadulla, Advocate ‑ For the Petitioner. HK Abdul Hye, Adv......cause. A copy of the reply to the show cause is annexed to the petition and marked as Annexure B. It is claimed by the petitioner that without serving any notice on the petitioner the Enquiry Officer called the petitioner verbally and asked him a few questions and to sign on certain papers and he pu......ng penalties could be imposed by the Corporation for misconduct‑ (a) postponement or stoppage of increment; (b) recovery from the pay and security deposits the whole or part of any pecuniary loss caused to the Corporation by his negligence; (c) suspension; (d) discharge; and (e) di..Category: Employment/Service Law | Date: | Hits: 177
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....J Mohammad Fazlul Karim J Aftabur Rahman……………………Petitioner Vs. State……………………Opposite Party Judgment July 26, 1993. Result: The Rule is made absolute. Cases Referred to- Khondakar Moshtaque Ahmed Vs. Bangladesh, 34 DLR (AD) 222; Mohd. Ra......red him in an inhuman manner and again sent him to jail custody at 22.45 hours on 23.6.90 in seriously injured condition. Thereafter upon a prayer of the petitioner, the Chief Metropolitan Magistrate called for a report from DIG (Prison) and an explanation from the Investigating Officer. That the re......asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593...Category: Criminal Law | Date: | Hits: 87
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
.... Eurco Explorer Co. Ltd. Athens Greece and others………………Petitioners Vs. Grain Bank Ltd……………Opposite Party Judgment November 23, 1992. Result: The rule is made absolute. Cases Referred to- Messers United Venture Navigation Co. Ltd. Vs. Samudrajatra Shippin......ely from attachment furnished bank guarantee. 5. Mr. M. Hafizullah, appearing in support of the Rule, vehemently canvassed that although the ad interim order of attachment was non est but the same called for bank guarantee from the petitioners for release of the vessel from the ad interim order o......y Suit No.16 of 1988. 2. The short facts necessary for disposal of this rule are: The opposite party instituted Money Suit No.16 of 1988 against the petitioners for Tk. 29,12,192.59 for alleged loss suffered by them on account of short landing and damage caused to the cargo carried by the peti..Category: Civil Law | Date: | Hits: 75
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
....f 2003. (From the judgment and order dated 16.6.1999 passed by the High Court Division in Civil Revision No.1984 of 1996.) Judgment Surendra Kumar Sinha J.- This appeal raises questions of some importance in the field of Mohammedan Law but they are not abstract questions which can be divo......ew that a marriage may be valid even without a ceremony before third parties. The rule is usually stated to be that an agreement to be married henceforth, followed by cohabitation, constitutes the so-called common law marriage. But both on principle and authority, it would seem that the agreement al...... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ..Category: Family Law | Date: | Hits: 318
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
.... and order dated 10‑6-1991 passed by the learned Sessions Judge at Faridpur in Sessions Case No. 08 of 1991, which convicted the appellants under sections 302/149 and sentenced each of them to imprisonment for life and to pay a fine of Taka 10,000 in default to suffer rigorous imprisonment for a f......ra 1396 BS at about 7‑00 AM Abdur Razzak, brother of Salim, went to his house and told him that they sowed 'Kalai' yesterday but Mansur Fakir came to plough said land today, and brother Salim Fakir called him. After departure of Abdur Razzak, he went there. On the way, he saw accused Mansur Fakir,......appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ..Category: Criminal Law | Date: | Hits: 60
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....led in question. 2. The case of the petitioner is that the land on which the disputed house stands had been originally acquired by one SA Aziz from the Government in his capacity as a displaced person from India vide allotment letter No.3791/CHS dated 6.5.60 issued by the Assistant Commissioner, ......etition under Article 102 of the Constitution the enlistment of certain property being a house situated at holding No. F/K/9, Sher Shah Colony, Nasirabad, PS Panchush, District Chittagong hereinafter called the disputed house, in the 'Ka' list of abandoned properties vide notification in the Banglad......tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ..Category: Property Law | Date: | Hits: 75
Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
..... 3‑7. Appeal from Original Decree No. 34 of 1976. Judgment Kazi Ebadul Hoque J.- This appeal by the plaintiff is against judgment and decree dated 20.2.75 passed by the District Judge, Jessore in Probate Suit No.12 of 1973 dismissing the suit. 2. Admitted case of both of the parties i......ned to add that he attested the will on being asked by the testator. He also could not remember through whose pen he attested the document. P.W.4 stated that about 10 years before his deposing he was called by the plaintiff while passing through his house and on being requested he signed a document ......e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567...Category: Property Law | Date: | Hits: 78
Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)
....g C.R. Case No.16 of 2000 relating to petition No.137 dated 31.03.1994 under Sections 406/409/420/465/467/471 of the Penal Code now pending before the Court of the learned Magistrate, First Class, Jessore. 2. The facts as set out in the memo of Criminal Miscellaneous Case No.4427 of 2001, inter a...... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ......ther and others made various false documents and used those to take away the said goods without the knowledge of the bank and thus the accused persons misappropriated the said goods causing financial loss of Tk.3, 97, 58,140/- (excluding interest). Hence the case. On the same day i.e. on 31.03.1994 ..Category: Criminal Law | Date: | Hits: 85
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....ontract on the averments that defendant No.1/petitioner, on accepting Tk.21, 000.00 from her as earnest money, agreed to sell the suit land to her at a price of Tk.35, 000.00 and the defendant No.1 also executed a bainapatra on 03.05.1994 and though she requested the defendant No.1 to execute the sa......cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146.......greed, has filed the instant suit. Moreover, the defendant No.1 has no other property except the suit land and if he is compelled to transfer the suit land to the plaintiff he will suffer irreparable loss and injury. 4. The learned Assistant Judge, after hearing, decreed the suit holding that def..Category: Property Law | Date: | Hits: 54
Md. Shahjahan Ali and others Vs. Most. Maleka Bewa and others, 2009, 38 CLC (AD)
....by the learned Assistant Judge, Kalihati, Tangail in Title Suit No.58 of 1989 decreeing the suit. 2. The petitioners instituted the above suit for declaration of their title in the suit land and also for recovery of khas possession on the averments that the suit land, along with other lands, orig......ier than that of the plaintiffs. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010...... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ..Category: Property Law | Date: | Hits: 57
Category: Civil Law | Date: | Hits: 77
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....hich is Title Suit No.51 of 2004 was filed by MA Hashem on 8-2-2004 for Specific Performance of a Contract against Shamsul Kabir Humayun Reza second one, Title Suit No.176 of 2004 was filed by a person claiming to be Shamsul Kabir Humayun Reza for a direction upon RAJUK to issue sale permission an......mendment but the plaintiff did not amend the plaint showing that he still claims with original defendant No.1 i.e. Shamsul Kabir Humayun Reza of Mirpur. Thereby it can safely be concluded that so called bainanama or agreement for sale was entered into by plaintiff with the person whom the plaint......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....iction) Present: Md. Abu Tariq J M Enayetur Rahim J State.............................................Appellant Vs. Shahin and others..…………………………….Condemned-Prisoners Judgment November 2, 2010. Cases Referred to- Sk Shamsur Rahman alias Shamsu Vs. ......h the reference may be accepted. 9. Mr. Fazlul Haque Khan Farid, learned Advocate appearing for condemned-prisoner Lebu Miah in Criminal Appeal No. 4580 of 2005 submits that save and accept the so called dying declaration allegedly to have been made by victim Biplob there is no other direct or ci......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ..Category: Criminal Law | Date: | Hits: 76
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....a Patharghata, Police Station Patharghata measuring 13.73 acres of land belonged to Afezuddin in eight annas share and Mominuddin owned seven annas share and Mati Bibi owned one anna share. Afezuddin sold 2.40 acres of land to different persons and Mominuddin sold 1.60 acres to different persons and......ent and decree dated 07.9.03 passed by the learned Assistant Judge, Patharghata, Barguna in Title Suit No. 30 of 2000 and the case having been concluded on finding of facts as such no interference is called for in Revision under section 115(1) of the Code of Civil Procedure. In the result, the Ru......Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242...Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....r portion of the application the order framing charges on both the counts has been challenged but in the cause title of the application the order dated 4.5.92 passed by the teamed Special Judge Dhaka so far it relates to the framing of the additional charge against the petitioner under section 5(1)(...... by the teamed Special Judge Dhaka so far it relates to the framing of the additional charge against the petitioner under section 5(1)(e) of the Prevention of Corruption Act (Act II) of 1947 has been called in question and Mr. Moudud Ahmed, the learned counsel for the accused petitioner, concentrate......ersons who are all accused in the case. It is alleged that the petitioner did so dishonestly and fraudulently with mala fide intention to obtain pecuniary advantage for himself and for others causing loss to DIT. It is further alleged that 3 out of 13 of the accused persons sold 12 kathas of land in..Category: Criminal Law | Date: | Hits: 286
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....and decree of affirmance dated 24.4.2004 passed by the learned District Judge at Narayangonj in Money Appeal No.02 of 2002 should not be set-aside. 2. The facts of the case, in brief, are that the sole opposite party as plaintiff on 6.7.1986 filed a suit being Money Suit No. 14 of 1986 in the Cou......ooked. In a suit for causing losses or damages, the plaintiff is required to give specific instance of damages suffered by him and the exact loss caused to him for which the defendant is liable to be called upon to answer his demand which is lacking in the present case. Furthermore, on a careful per...... the defendant-petitioner was employed at the Tarail Jute Purchase Agency of the plaintiff-mills purchased 17688 Mds. of raw jute during the season 1981-1982 against which the Mill incurred financial loss to the tune of Tk. 1,56,569.38. The said losses were itemized as follows: i) Assortment loss..Category: Civil Law | Date: | Hits: 97
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....ourt High Court Division (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Mohammad Abdul Marman J Taslimuddin alias Tasir and 3 Others....................Condemned Prisoners Appellants. Vs. State ……………….… Respondent. Judgment November 13, 19......then also the accused cannot be convicted on such evidence.” In the case of Hasan Ali and another reported in 38 DLR 235 accused appellants were alleged to have gone to the house of the victim, called and brought him out and took him with them in the evening of 22.12.81. and the dead body was ......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136...Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
..... With the said application the plaintiff filed a written objection to the said prayer of the defendant dated 15.5.90. This was rejected with the order that the defendant may provide cash security if so advised. Again, an application was filed for release of the attachment order by furnishing bank g......cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131.......dants Bill of Tk. 21 lacs including the deposit of Tk. 2 lacs which amount is much greater sum than the claim of the plaintiff and hence the order of attachment before judgment will cause irreparable loss and injury of the defendant Company. 5. The learned Subordinate judge by his order dated 21...Category: Civil Law | Date: | Hits: 104