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....8.
Judgment
Faruque Ahmed J.- This rule at the instance of the plaintiff petitioners was issued calling upon the opposite parties No.1-2 to show cause as to why the impugned judgment and decree dated 28.06.1998 and 02.07.1998 passed by the learned Subordinate Judge, 2nd Court, Manikgonj, in Ti...... the agreement and that any other person claiming under him by a title having arisen subsequent to the contract, except the transferees for value who purchased the suit land in good faith and without notice of the original contract for sale. In the present case, it appears, the defendant No.5 as D.W...... proper.
2. Short facts of the case are as follows:- Late Indra Mohan Saha father of the petitioners instituted Title Suit No.424/79 in the Court of Munsif Shingair against opposite parties No.2-5 for specific performance of contract stating, inter alia, that on 21.03.1974 the father of the petit..
Category: Civil Law | Date: | Hits: 103
Sharmin Akhter Vs. Major (Rtd.) Mahbub Akbar Bhuyian, 2012, 41 CLC (HCD)
....This Rule at the instance of respondent-petitioner Sharmin Akhter, mother of a minor boy was issued on an application under section 115 of the Code of Civil Procedure to examine the legality of order dated 1.3.2004 passed by the Additional District Judge, 5th Court, Dhaka in Miscellaneous Family App......e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ......s Family Appeal No.236 of 2003 allowing an application filed by the appellant-opposite party Major (Rtd.) Mahbub Akbar Bhuiyan, father of the minor directing the petitioner to produce her minor son before a doctor nominated by the Australian High Commission in Dhaka for checkup and rejecting another..Category: Family Law | Date: | Hits: 117
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....or the Petitioners. Asad Hossain Chowdhury, Senior Advocate - For the respondent No.1-2. Writ Petition No.6067 of 2004. Judgment Md. Abu Tariq J.- This rule has arisen out of order No.49 dated 16.6.2004 issuing warrant of arrest against the writ petitioners passed by the Artha Rin Adala...... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ......out of order No.49 dated 16.6.2004 issuing warrant of arrest against the writ petitioners passed by the Artha Rin Adalat No.1, Bhola in Artha Rin Execution Case No.6 of 2001. 2. The facts relevant for disposal of this rule, in shor1 are that the respondent No.1 Sonali Bank, Bhola Branch filed Art..Category: Civil Law | Date: | Hits: 69
Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)
....osite 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 Tribunal in ......rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ......py of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ..Category: Election Law | Date: | Hits: 509
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....07, being area .01 had been suit property. c. Baluster of claim put forth by plaintiff was that he took settlement of suit tank plot No.596 from Maharaja of Tripura by way of registered Patta deed dated 9-4-1951 and got possession thereof. d. Suit was contested by First-Defendant-Government ......ered in good number of cases of our jurisdiction as well as foreign jurisdiction. Of those Burmah Eastern Ltd. Vs. Burmah Eastern Employees Union and others, 18 DLR 709 may profitably be taken notice of. High Court considered the rejection of plaint matter under the provision of Order VII, ru......same issues over again. Judicial verdict has its special sanctity and cannot be subject matter of discussion at any future time involving identical or similar issues. Res judicata, thus, is a special form of estoppel…………………………………..(8) The Code of Civil Procedure, 1908 (A..Category: Property Law | Date: | Hits: 69
Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)
....ddus 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 application under ......e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......tioner Vs. Mst. Zahura Khatun…………………………………Opposite Party Judgment November 1, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears for either of the parties. Civil Revision No. 3996 of 1996 Judgment Md. Ruhul Quddus J. - T..Category: Procedural Law | Date: | Hits: 105
.....2 and 4.
Appeal from Original Order First Miscellaneous Appeal No.10 of 1998.
Judgment
Mahmudul Amin Choudhury J.- This first Miscellaneous Appeal is directed against the judgment and order dated 19‑1‑98 passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No.29 of 1......
Arab Bangladesh Bank Limited and others………………Respondents
Judgment
May 5, 1998.
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 reso......ment and order dated 19‑1‑98 passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No.29 of 1997. The learned Subordinate Judge by the said order rejected the appellants' prayer for injunction under Order 39 rules 1 and 2 of the Code of Civil Procedure.
2. The short fact lea..
Category: Company Law | Date: | Hits: 127
Jalaluddin @ Badsha Vs. State, 1986, 15 CLC (HCD)
....uddin 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 convicting the app...... of the charge. The appellant shall be set at liberty forthwith if not wanted in any other connection. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ......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 Badsha was th..Category: Family Law | Date: | Hits: 108
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... As many as four Writ Petitions, registered as Writ Petitions no. 7236 of 2010, 826 of 2011, 1048 of 2011 and 1059 of 2011 respectively had been filed challenging the validity of the (i) Proclamation dated 20th August, 1975, whereby the whole of Bangladesh was placed under Martial Law, (ii) the Mart......n record that we are about to express our detailed judicial views on an event that has, for a couple of decades, remained puzzled in the maze of obscurity. It is generally known, and we take judicial notice of it, that Lt. Colonel Abu Taher, an acclaimed Freedom Fighter with unquestionable reverence......ners in all the four petitions and the deceased husbands of Petitioner Nos.2 and 3, in WP 7236/10 under section 121A of the Penal Code. 2. All the Petitioners were sentenced to suffer imprisonment for varying terms while Lt. Col. (retd.) M. A. Taher, Bir Uttam, husband of the Petitioner No. 2 in ..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....atement. 6. The learned Joint District Judge also noticed that fact but rejected the petition on the reasoning that the plaintiff did not seek for setting aside abatement by furnishing the correct date of death. The learned Joint District Judge fails to notice that the question of abatement arose......ar Goswami, Advocate" in place of "Shri Piyush Kanti Ghose." The plaintiff did not file any application for substitution after setting aside the abatement. 6. The learned Joint District Judge also noticed that fact but rejected the petition on the reasoning that the plaintiff did not seek for set......rosecuting the suit on behalf of the plaintiff. 2. Appellant "Amarbati Natya Mandir" instituted Other Class Suit No. 41 of 2001 through its secretary Shri Piyush Kanti Ghose against the respondent for declaration of title in the suit property mentioned in the schedule to the plaint. The secretary..Category: Civil Law | Date: | Hits: 104
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....Respondents. Appeal from Original Decree No. 59 of 1991. Judgment Md. Ashfaqul Islam J. - This appeal at the instance of the plaintiff Agrani Bank is directed against the judgment and decree dated 6-11-90 and 12-11-90 respectively passed by the learned Subordinate Judge, Dhaka in Title Suit......it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 710. ......rding interest pendents lite as well as interest accumulated till the realisation of installments. 2. On 23rd January 1988 appellant Agrani Bank as plaintiff instituted Title Suit No. 17 of 1988 before the Subordinate Judge Dhaka against the respondents for recovery of money after selling the pro..Category: Civil Law | Date: | Hits: 95
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....tition No.8377 of 2009. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioners, this Rule Nisi was issued calling upon the respondents to show cause as to why the Judgment and order dated 28-5-2009 passed in Nathi No.CEVT/Case-(VAT)-236/2008 dated 28-5-2009 by the respondent No.1 (......ners and it was recommended to realize Tk.1,06,35,382.25 from then through demand note following which the respondent No.3, the Commissioner, Customs, Excise and VAT, Chittagong on 14-2-2008 issued a notice (Annexure-C) upon the petitioners asking them to show cause as to why punitive action should ...... under the said Act. The interpretation of the VAT Act shall have to be on a different footing and cannot be equated in a generalized manner. The VAT authority by any stretch of imagination cannot go for an action under section 37 of the VAT Act, which is a penal provision and which can be exercised..Category: Fiscal/Taxation Law | Date: | Hits: 135
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....cate - For Petitioners. No one appears - For Opposite Parties. Civil Revision No.156 of 1987. Judgment Sharif Uddin Chaklader J.- This Rule by the plaintiffs directed against Order dated 19-2-1987 passed by the learned Additional District Judge, 3rd Court, Dhaka in Civil Revision ......d over the tenanted suit room. The suit room is now bona fide required by the plaintiff for personal use and occupation to accommodate their family members. Plaintiffs through their Advocate issued notice dated 4-1-77 under section 106 of the Transfer of Property Act under registered post with A/D......esult: The rule is made absolute. Jurisdiction of the Small Causes Court Small Cause Courts are constituted under section 5 of Small Causes Courts Act, 1887; section 15 of the Act provides for jurisdiction of Courts of Small Causes i.e. the Court has jurisdiction in the case of eviction o..Category: Civil Law | Date: | Hits: 94
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
...., also, a prey of explosion. Arena of explosion is a Two Storied Building at 200, Udaychal, Mandalibagh; Hospital Road, Chatak Pourashava. Muhibur Rahman Manik, a sitting, Member of Parliament on the date of incident was depicted as owner of occurrence Two Storied Building. 2. In respect of explo......f the charge. 22. On legal burden of proving guilt beyond reasonable doubt, the off quoted observation of Lord Sankey L.C. in Woolmington Vs. Director of Public Prosecutions (1935) AC 1462 may be noticed which are couched in following language: "If at the end of and on the whole of the case t......The State………………………Respondent Judgment August 13, 2006. Result: The Criminal Appeal is allowed. Interpretation of judgment A Judicial decision is only an authority for what it actually decides. It cannot be quoted for a proposition that may seem, to follow from it..Category: Criminal Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....n No.3229 of 2004. Judgment AKM Abdul Hakim J.- On an application under Article 102 of the Constitution, this Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 9-12-2003 passed by the Full board in case No.3 -108 of 1995 (Review) Dhaka (Annexure D), orde......ase No.355 of 1968 in the First Court of Munsif. Dhaka under section 143A of the State Acquisition and Tenancy Act for correction of SA record after observing all legal formalities and due service of notices upon the parties concerned and after hearing, Miscellaneous Case was decided in favour of ......asuring a total area of 37.66 acres of land appertaining to CS Khatian No.211, CS Plot No.560/669 originally belonged to Satinath Bandapaddhaya alias Sagar Babu. The said land was put to auction sale for arrears of rents and one Promode Bala Devi auction purchased the same. While in possession, sh..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....llaneous Appeal No.173 of 2005. Judgment Syed Md. Ziaul Karim J.- This appeal, at the instance of defendant No.3 appellant calls in question the legality and propriety of the Judgment and order dated 27-11-2004 passed by learned Joint District Judge, first Court, Dhaka directing defendant Nos.......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. ...... in the country of export. It may be noted here that where an irrevocable credit is confirmed by an intermediary bank, the later assumes a direct liability to the seller and looks to the issuing bank for indemnity. Therefore, in a typical commercial credit and transaction, there are several types of..Category: Business or Commercial Law | Date: | Hits: 365
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....stant Attorney-General - For the opposite Party. Criminal Revision No.443 of 1997. Judgment Siddiqur Rahman Miah J.- This Rule calls in question the legality and propriety of the order No.13 dated 05.05.1997 passed by the learned Sessions Judge, Moulvibazar in Sessions Case No.41 of 1996 fr......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. ...... caused……………………………….(13) By 'intention' is meant the exception of the consequences in question. Intention does not imply or assume the existence of some previous design or forethought. It means an actual intention, the existing intention of the moment, and is proved by, o..Category: Criminal Law | Date: | Hits: 66
....e 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 learned Subordinate Judge, 1st Court, Nawabgonj in Title Appeal No.11......rt determined issue No.1 on maintainability of the suit against the established principles of law that all the ejmali properties are to be brought into the Hotch potch of the suit which was correctly noticed by the Appellate Court and in doing so the trial Court did not consider S.A. Khatians No.400......ersing those dated 26.10.1998 passed by the learned Assistant Judge, Gomestapur, Nawabgonj in other Class Suit No.38 of 1987 decreeing the suit should not be set aside.
2. The brief facts relevant for disposal of this Rule are that the petitioners as plaintiffs instituted Other Class Suit No.38 o..
Category: Property Law | Date: | Hits: 66
.... 102 of the Constitution of People's Republic of Bangladesh a rule was issued in the following terms:
Let a rule Nisi be issued calling upon the respondents to show cause as to why the Order No.15 dated 12-5-2009 passed in Artha Execution Case No.145 of 2007 by the Artha Rin Adalat No.2, Dhaka so......ore the Artha Rin Adalat No.2 Dhaka.
4. During the execution proceeding 1st attempt was taken for auction sale of the mortgaged property under Section 33(1) of the Artha Rin Ain 2003 by publishing notice in the daily "Janakontho" fixing a date on 14.2.2003 for auction but, no bidder participated ......Dhaka so far as it relates to issuing warrant of arrest against the petitioners shall not be declared to have been passed without lawful authority and is of no legal effect.
2. The facts necessary for the disposal of the rule are as follows:
3. The respondent No.3 Agrani Bank as plaintiff file..
Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....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. ...... can be exercised to prevent the abuse of the process of the court which is to be exercised very sparingly with circumspection and in the rarest of rare cases when exceptional features are brought to notice, and (c) this power can be exercised only to secure the ends of justice when the injustic......n the law gives anything to anyone it gives also all those things without which the thing itself would not exist…………………………..(7) The inherent power, thus, can be exercised only for exercise of the three purposes specifically mentioned in the section which are- (a) the powe..Category: Procedural Law | Date: | Hits: 79
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