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Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ......tatement that the suit is not maintainable in this Admiralty Court; that the plaintiff has no locus standi to file this suit and the suit is bad for miss-joinder and non-joinder of parties and on the principle of estoppel, waiver and acquisance and also denied all the material allegations made in th...... with Muhammad Ohiullah, Advocate-For the Respondents. Admiralty Suit No. 44 of 1997. Judgment AFM Abdur Rahman J. - Admiralty suit filed by Fazlur Rahman and Company Pvt. Ltd. On 24.7.1997 for realization of compensation for short landing of goods valued at Tk. 1,21,61,175.00 has been hea......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)
....e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ......e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ...... under section 302 of the Penal Code and sentencing him thereunder to death by the judgment and order dated 2-9-1997. 2. The condemned prisoner also filed Jail Appeal No. 1704 of 1997 against the aforesaid judgment and order. By this judgment both the matters are disposed of. 3. Prosecution ca......ablished that victim Abdus Salam has been killed. There is also no denial as to the date and time of the occurrence which would be revealed from the evidence of P.Ws.1-6. 34. The moot question for determination is now whether the condemned prisoner Khosbar Ali is responsible for the murder of his..Category: Criminal Law | Date: | Hits: 62
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ...... a case showing that even during the pendency of an appeal if any legal right comes in favour of the appellant, in that case also the appellant will be entitled to have the benefit of such right. The principle laid down by the Indian Federal Court in above case, in our view, is applicable in the fac......a in Title Suit No.1 of 1996. Since these two appeals have arisen out of the same judgment of the trial Court they were heard together and disposed of by one judgment. Defendants are the appellants before this Court and the plaintiff is the respondent in these two appeals. 2. Facts relevant for t......suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ..Category: Tenancy Law | Date: | Hits: 135
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......d. The learned Judge of the Appellate Court when such opining failed to take notice of the provision of Section 103 of the Evidence Act, 1872 which provided for the burden of prove. It is now settled principle that burden of prove is not a rigid aspect, rather if shifts from the shoulder of the plai......yangonj in Title Suit No.206 of 2000 decreeing the suit. 2. The plaintiff Md. Rafiqul Islam Liton instituted the Title Suit No.159 1999 in the Court of Rupgonj Senior Assistant Judge, Narayangonj for declaration of his title in the suit property, measuring an area of 0.35 acres of land against t......e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 74
Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)
.... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ......that rule 389 of the BSR Part I is not applicable to the petitioner as he is not an officer when the question of his re-employment surfaced. The respondents will be estopped from such claiming on the principle of Constructive Estoppel which barred a pension from denying to act again in the same mann......1956, joined the service of Primary School on 1.7.1976 as an Assistant Teacher in Khedapara Primary School and ultimately transferred to Hogladanga Government Primary, wherein he continued in service for 23 years in the said Government primary School. Thereafter he became invalid due to some physica...... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ..Category: Employment/Service Law | Date: | Hits: 70
Abul Kalam Vs. State, 2011, 40 CLC (HCD)
....the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......s, or explain any cause of the death of his wife. It gives clear indication of his involvement in the occurrence under the facts and circumstances of the present case. 9. By now it is well settled principle of criminal law that if a wife is found dead in custody of her husband and he fails to exp......assed by the Sessions Judge, Brahmanbaria in Session Case No.60 of 1993 convicting the appellant under sections 302/201 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life with a fine of Taka 3,000/- in default to suffer rigorous imprisonment for six months more.......the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 58
State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
....on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617....... this court does not reappraise evidence unless it is shown that the inference drawn from evidence are perverse and the benefit of doubt that has been given was not in accordance with the established principles of law. 16. By now it is settled that order of acquittal cannot be interfered with by ......e their second daughter coming from Canada and they returned back from there at about 8 PM along with their second daughter and that they were busy after the return and at about 11-00 PM Mr. Arshad informed him that the condition of the maid servant Golapi was very much precarious and then Mrs. Arsh......s also found present on the meninges and on the brain matter and those were ante-mortem and, as such, it is easy to presume that the death of Golapi was not a natural death. Now the moot question for determination is whether the accused respondent is responsible for the death of deceased Golapi. ..Category: Criminal Law | Date: | Hits: 60
Major General (Retd.) Mahmudul Hasan Vs. State, 2000, 29 CLC (HCD)
....responding to TR No.9 of 1991 pending in the Court of Magistrate, First Class, Kotalipara, Gopalgonj is quashed in respect of the petitioner. Ed. This Case is also Reported in: 52 DLR (2000) 612....... section 186 of the Penal Code. In support of his views he refers to the case of State Vs. Fazar Ali reported in 9 DLR 77. 8. We have perused the case cited by Mahbubur Rahman. It is true that the principle laid down in that case shows that an act of obstruction means the physical obstruction or ......der section 186 of the Penal Code on the allegation that while he was in charge of the Ministry of Home Affairs he directed the then Superintendent of Police, Gopalgonj over phone to drop the name of former State Minister Kazi Firoj Rashid from the case which started on the basis of an ejhar dated 1......responding to TR No.9 of 1991 pending in the Court of Magistrate, First Class, Kotalipara, Gopalgonj is quashed in respect of the petitioner. Ed. This Case is also Reported in: 52 DLR (2000) 612...Category: Criminal Law | Date: | Hits: 58
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
.... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......e pendency of the suit, the plaintiffs are entitled to restore the possession and order passed by the learned trial judge for restoration of the possession to the plaintiffs is squarely lawful on the principle that nobody is allowed to destroy the status quo on and after the institution of the suit.......ganj, Dhaka in Title Suit No. 186 of 1995. 2. The plaintiff-respondent-petitioners filed Title Suit No.186 of 1995 in the Court of learned Assistant Judge, Kearniganj, Dhaka on 22.11.1995 praying for a decree of permanent injunction restraining the defendant/appellant/opposite party from disposs...... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 62
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
....oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ......ng could be found in Standing Orders Act to read that after the prescribed period under section 25 the right secured under the Act also be extinguished. There being no such express, bar, the ordinary principle of the interpretation of Statutes will apply. The Rule is that limitation restricts rights......hould not be declared to have been passed without any lawful authority and is of no legal effect. 2. The Facts in these petitions are similar and involve common question of law. The Rules are therefore being disposed of by a single judgment. 3. The facts for the disposal of the Rule are as fol......oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ..Category: Labour and Industrial Law | Date: | Hits: 140
Mujibur Rahman Pathan and another Vs. State, 2011, 40 CLC (HCD)
.... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......t before us and as such we are unable to record our reasons to that effect. Therefore, the two cases cited by the learned Advocate for the appellant are distinguishable. 11. This is a well settled principle of law that any material, upon which the defense can depend to prove their innocence, shou......cation under section 265 C of the Code of Criminal Procedure filed by the accused-appellants and framing charge against them in Nari-o-Shishu Nirjatan Damon Case No. 462 of 2003. 2. Facts relevant for disposal of this appeal are that the victim-informant Nargis Ara Banu lodged an ejahar with Tejg...... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 55
Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....illegality in the impugned order. Accordingly the Rule is discharged, however, without any order as to costs. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: ......appearing for the opposite parties submits that in view of article 42 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 the suit itself is not maintainable. This is the settled principle of law that the plaintiffs are to prove their own case by adducing evidence oral and docum...... the legality of order dated 7.7.1999 passed by the Assistant Judge, Shibpur, Narshingdhi in Title Suit No. 3 of 1998 rejecting their application under Order XI rule 14 of the Code of Civil Procedure for a direction upon the defendants to produce certain documents. 2. Facts relevant for disposal ......illegality in the impugned order. Accordingly the Rule is discharged, however, without any order as to costs. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. Sontosh Kumar Shaha and others, 2009, 38 CLC (AD)
.... Paper-Book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ...... findings the Rule was made absolute. 4. Mr. M.K. Rahman, the learned Additional Attorney General, appearing on behalf of the petitioners, submits that the present writ-petitioner is barred by the principle, of res judicata since the order of suspension and the initiation of the disciplinary pr......n-Record-For the Petitioners. AK Badrul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-2. Not represented-Respondent Nos. 3-4. Civil Petition for Leave to Appeal No. 1154 of 2009. (From the Judgment and order dated 05.02.2009 passed by the...... Paper-Book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ..Category: Employment/Service Law | Date: | Hits: 73
MA Hossain and others Vs. National Bank of Pakistan and others, 2010, 39 CLC (AD)
....of application. As such, the Rules were rightly discharged by the High Court Division. In the result, these petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 595. ...... recovery is found to be insufficient, only then the creditor can proceed against the third party mortgagors and the guarantors but in the instant case, the bank in violation of the above equitable principle contained in section 6(5), attempted to sell the mortgaged properties even before filing......iqur Bulbul Chowdhury, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners (In all the cases) Not represented- the Respondents (In all the cases) Civil Petition for Leave to Appeal Nos. 1033-1035 of 2009. (From the judgment and order dated 08.04.2009 passed ......of application. As such, the Rules were rightly discharged by the High Court Division. In the result, these petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 595. ..Category: Property Law | Date: | Hits: 54
Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......and the defendant government having failed to prove that the suit land was enlisted as vested property, the High Court Division did not reverse those concurrent findings and therefore, in view of the principle of law, the judgment of the High Court Division is not sustainable in law. 7. We have h......For the Petitioners. Not Represented-For the Respondents. Civil Review Petition No. 31 of 2009. (From the judgment and order dated 3.8.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No.477 of 2007.) Judgment SK Sinha J. - By this petition the petitioners......ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ..Category: Property Law | Date: | Hits: 80
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ......arties, to narrow down the area of conflict and to see where two sides differ and to prevent miscarriage of justice. 35. Rule 2 of Order VI of the Code of Civil Procedure lays down the fundamental principles of Pleadings. It reads as under: "2. Every pleading shall contain, and contain only a......uit No. 212 of 1993 in decreeing the suit. 2. The opposite party Nos. 1 to 5 Rabindra Chandra Saha and others as plaintiffs filed Other Class Suit No. 212 of 1993 in the Court of Subordinate Judge for declaration of Title in respect of "Ka" scheduled land, for the recovery of "khas" possession af......and others reported in 56 DLR (AD) 73 and in the case of Jamaluddin Vs. Saleha Khatoon and others reported in 3 MLR (AD) 284 in support of his contention. 18. Now the moot point that calls for our determination is, whether the learned Additional District Judge committed any error of law in passin..Category: Property Law | Date: | Hits: 126
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......Md. Ali Asgar Khan J. - This Death Reference under section 374 of the Code of Criminal Procedure (shortly referred to as the Cr.P.C.) has been made by the learned Additional Sessions Judge, Jhalakati for confirmation of the sentence of death imposed upon seven persons in terms of the judgment and or......ers representing the condemned convicts. We have also considered all materials on record including the evidence and the impugned Judgment and order. 11. For proper appreciation of the case and for determination of the sustainability of the impugned Judgment and order we firstly, need to look into..Category: Criminal Law | Date: | Hits: 224
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
.... and PW 3 Jharna Begum; who is said to have recognized the condemned prisoners in the Test Identification Parade are highly improbable, against rationality and also bereft of any sound legal approval guiding the Criminal Jurisprudence on the subject for which the Death Reference should be rejected a......the prosecution case, not to speak of the fact that there was inordinate delay in holding Test Identification Parade together with evidences of enmity which raised a presumption of concoction. The principle enunciated in the decisions as referred to above by the learned Counsel for the condemned ......o. 3203 of 2001. Judgment Md. Ashfaqul Islam J. - This death reference No. 36 of 2001 under section 374 of the Code of Criminal Procedure has been made by the learned Sessions Judge, Lakshmipur for confirmation of the sentence of death imposed upon the condemned prisoners (1) Md. Ibrahim, (2) ...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ..Category: Criminal Law | Date: | Hits: 91
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
.... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ......rliamentarily language, the Judge ordering adjournment, etc. 16. Now let us see as to whether the facts and circumstances of the case are fit for transfer of the instant suit. 17. It is settled principle of law that the burden of establishing sufficient grounds for transfer lies heavily upon t......tiff-opposite party-petitioner (hereinafter referred to as petitioner) instituted a Money Suit being Money Suit No. 2 of 2003 in the Court of the learned Additional Joint District Judge, Narayanganj, for recovery of money amounting to Taka 27,14,28,735.33 as compensation from the defendants-petition......er presiding Judge of that Court No. 1, inasmuch as he was transferred subsequently after the issuance of the instant Rule and thus the Rule has become infructuous. 9. The point that calls for our determination is, whether the learned District Judge committed any error of law in passing the impug..Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ...... the divine book revealed to the Holy Prophet (SM). The other sources are "Sunnah" which means the practice and the precedents of the Holy Prophet (SM). As a source of law, Hadis is as binding as the principles of the Holy Quran. 'Ijma' as a source of law has been established by agreement and consen......in Liza (Minor) as plaintiff filed the Family Suit No. 13 of 1997 in the Family Court and Assistant Judge Court, Shaturia, Manikganj against the petitioner Md. Abdul Aziz, impleading him as defendant for realisation of maintenance under section 5(d) of the Family Courts Ordinance, 1985. 3. The ca...... 10. The learned Advocate has relied upon the decision in the case of Mst. Sughre Begum Vs. Miah Mohammad Din reported in PLD 1950 WP (Lahore) 441 in support of his contention. 11. The point for determination is, whether the learned District Judge committed any error in his decision in passing ..Category: Family Law | Date: | Hits: 214
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