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Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
....tion under Section 44A(1) of the Code. He also referred to section 15 of the Code in support of his contention that the certified copy of the decree in question under section 44A(1) of the Code had rightly been filed in the Court of the Subordinate Judge and Commercial Court No.1, Dhaka. Under sec......t decree-holder petitioner Sonali Bank obtained a decree in the High Court of Justice Queen's Bench Division, London (England), United Kingdom against the judgment-debtor opposite party Abidur Rahman for a sum of £4,31,845.70 with interest and costs. Thereafter decree-holder-petitioner Sonali Ban....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311.......ire to be heard, or of its own motion without such notice, the High Court Division or the District Court may at any stage, (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or ..Category: Procedural Law | Date: | Hits: 168
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
....o.171 of 1999 in the Court of Assistant Judge, Narail against defendant No.1 challenging the aforesaid gift but subsequently, the suit was compromised on the basis of a solenama and Zitu Beg left his right over the suit land in favour of the defendant No.1. Zitu Beg then died leaving wife the plaint......any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order dated 30-7-2006, operation of the impugned Judgment and decree was stayed. 3. The necessary facts for disposal of the Rule are that the 'Ka Schedule' land appertained to SA Khatian No.232 and some o...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ...... to amend the plaint by narrating the mode of acquisition of title of Zitu Begin the suit land in view of the CS Khatians as filed by her. Therefore, the impugned Judgment and decree and those of the trial Court have no foundation and, as such, the impugned Judgment and decree cannot stand. 10. I..Category: Property Law | Date: | Hits: 103
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....ts that there is no cogent and substantial ground taken in the revisional application for assailing the concurrent finding arrived at by the Courts below He further submits that both the Courts below rightly arrived at the concurrent finding of fact that the miscellaneous case under Order IX, rule 1......er dated 10-11-1999, operation of the Judgment and decree dated 10-4-1995 passed by the Subordinate Judge, Arbitration Adalat, Dhaka in Title Suit No.106 of 1992 was stayed. 3. The necessary facts for disposal of the Rule are that on 4-1-1978, the opposite party No.1 Mr. AKM Shamsul Alamin (since......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ......ka who was pleased to dismiss the appeal by his Judgment and order dated 22-8-1999 on the findings that the petitioner was not diligent in conducting his case and also on approving the finding of the trial Court. 10. Being aggrieved by the Judgment and order dated 22-8-1999, the defendant-appella..Category: Procedural Law | Date: | Hits: 170
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.....08 dated 26-10-2009 under Section 2/4(2) of the Money Laundering Prevention Act, 2009 now pending before the Court of the learned Metropolitan Senior Special Judge, Dhaka in violation of fundamental rights of the petitioner guaranteed under Article 44 and 35(1) of the Constitution of the People's R......Case No.126 of 2010 corresponding to ACC GR Case No.83 of 2009 arising out of Cantonment PS Case No.08 dated 26-10-2009 under Section 2/4(2) of the Money Laundering Prevention Act, 2009 now pending before the Court of the learned Metropolitan Senior Special Judge, Dhaka in violation of fundamental r......ring to the decisions of Marks Vs. United States, 430 US 188 (1977) and Beazell Vs. Ohio, 269 US 167 (1925) Professor Bernard Schwartz observed: "The basic principle is that person have a right to fair warning of that conduct which will give rise to criminal penalties; therefore the criminal qual......oney Laundering Prevention Act, 2009. Before filing the FIR in the instant case necessary approval has been taken from appropriate authority. Section 9 of the Act of 2009 deals with investigation and trial of the offences. Sub-section (i) of section 9 of Act, 2009 provides that the offences committe..Category: Criminal Law | Date: | Hits: 112
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....ant Nos.4-9 is prejudiced by the judgment and decree passed in the suit for specific performance of contract they may have recourse to legal measures before appropriate forum but they do not have any right to dispute the contract between the plaintiffs and defendant Nos.1 and 2. Therefore, the findi......lil and others………………........Petitioners Vs. Mujibur Rahman and others……..............Respondents Judgment July 30, 2012. Result: This petition is dismissed. Suit for specific performance of contract In a suit for specific performance of contract, the questio......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......eave to appeal before this Division. 9. Mr. Mahbubey Alam, learned Senior Advocate, appearing for the leave-petitioners, submits that the High Court Division did not advert to the findings of the trial Court which came to a finding that the plaintiff could not prove the transaction and that the ..Category: Civil Law | Date: | Hits: 186
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....is name in the tenants’ ledger. The plaintiffs further came to know that the relevant khatian had been removed and replaced by a new khatian at the instance of defendant No.1. Defendant No.1 had no right, title and possession in the suit land. The record standing in the name of defendant No.1 had ......appeal is dismissed. Lawyers Involved: Md. Nurul Amin, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1076 of 2009. (From the judgment and decree dated 29.01.2009 passed by the......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......record in respect of the suit land and the plaintiffs being aware about the suit filed another suit with a view to harassing the defendant and as such, the suit was liable to be dismissed. 4. The trial Court decreed the suit by the judgment and order dated 26.05.1976. Against the judgment and de..Category: Property Law | Date: | Hits: 101
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....ona Nahrin, learned Assistant Attorney General appearing for the State submitted that the prosecution was able to prove its case beyond all reasonable doubt, and the learned Additional Sessions Judge rightly convicted and sentenced the appellant. 5. We have gone through the evidence on records an...... by the Additional Sessions Judge, Narayangong in Session Case No.40 of 1994 convicting the appellant under section 302 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life with a fine of Taka 5000/- in default to suffer rigorous imprisonment for another six month......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......(11)93 under section 302 of the Penal Code. The police, after investigation submitted charge sheet against the sole appellant on 29.4.1994 under the same penal section. The case after being ready for trial, was sent to the Sessions Judge, Narayanganj, wherein it was registered as Session Case No.40 ..Category: Criminal Law | Date: | Hits: 101
....s appearing on behalf of defendant respondents have submitted that the service of the plaintiff-appellant in the Bank is guided by the law of master and Servant and as such the Joint District Judge rightly rejected the plaint Mr. AQM Safiullah further has submitted that under section 56 of the Spe......of 2007 rejecting the plaintiff of the suit.
2. The appellant as plaintiff on 8-4-2007 instituted Title Suit No.83 of 2007 in the 5th Court of Joint District Judge, Dhaka against the respondents for declaration that the order dated 5-7-1994 terminating the plaintiff from the service of the de......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......has submitted that since the Appellate Division found that the appellant is a public servant. He is not a servant as defined in the labour law, so, the instant suit is his only remedy and as such the trial Court committed illegality in rejecting the plaint. The finding of the Appellate Division th..
Category: Employment/Service Law | Date: | Hits: 175
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....hat since the machineries are attached by the Court any subsequent sale of the same, if any, is void and purely by virtue of purchase of the shares of the Oil Mill, the accused has not acquired any right, title and interest in the machineries. On the other hand, from the evidence it appears reason......nd convicted u/s 16 (3) read with section 16(1)(a) of the Special Powers Act, 1974 by Mr. Afzalul Huq, Special Tribunal, Pabna on 7.2.87 in Special Tribunal case No.27/85 and sentenced to suffer R.I. for 3 years and to pay a fine of Tk. 7,00,000/-, in default, to suffer R.I. for 1 year more. The sen......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......njura Begum as Managing Director M/S. M.A. Rashid, Abdul Majid Khan, A.B. Siddique, M.A. Jalil and Md. Jafrul Huq as Directors of M/S. Decent Oil Mills Ltd., Pabna applied for loan to the then Industrial Development Bank of Pakistan (now Bangladesh Shilpa Bank) for a loan in foreign exchange (De..Category: Criminal Law | Date: | Hits: 108
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......d 1.1.1981, Dr. Suraiya Hossain, wife of Dr. A.S.M.T. Hossain was inducted into the house as a tenant by the landlady Mrs. Taherunnessa in the 1st floor of the said three storied residential building for residential purposes. The tenant Dr. Suraiya Hossain and her husband, both of whom are foreign q......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......hat she granted rent receipt in lump for 2/3 months together as rents were paid in that fashion by the tenant. This is essentially a question of fact. 19. From a reading of the judgment of the trial Court in Title Suit No.214 of 1984 it is seen that the said Court had examined this point care..Category: Property Law | Date: | Hits: 88
....
6. In the operative portion of the learned Single Judge's order it was observed that the claimant, having obtained the award on the amount as to the loss or damage in question shall have now the right to institute a proceeding upon the relevant policies before the appropriate Court , if it deci......er instituted Title Suit Nos.25 of 1970 and 26 of 1970 in the Court of the Subordinate Judge at Khulna against Adamjee Insurance Co. Ltd. and Eastern Federal Union Insurance Co. Ltd. respectively for passing a judgment in terms of the award under section 17 of the Arbitration Act. On the appli......hen the law and the contract of insurance both clearly allow the insurers to wait until the amount of loss or damage is settled by the arbitrator, it will be against the principles of justice and fair play and will also be a clear violation of the law of contract and terms and conditions of th......lt all the three appeals are dismissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
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Category: Business or Commercial Law | Date: | Hits: 290
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
....tim out of his house and thereafter his dead body was found floating in the river Khoai with multiple injuries on his person. The charge against the accused appellants, therefore, appear to have been rightly framed. 7. Mr. A.K.M. Faiz, the learned Advocate for the appellants, seriously argues tha...... the learned Sessions Judge, Habiganj in Sessions Case No.18 of 1984, convicting all the accused appellants under sections 302/109 of the Penal Code and sentencing each of them to suffer imprisonment for life. 2. Prosecution case in short, is that on Thursday, the 7th June, 1989 at about 5 P.M.......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......guilty of the charges and claimed to be tried. In all 10 witnesses were examined by the prosecution in support of the gharge and two were tendered for cross-examination by the defence. 5. The trial Court discussed the evidence, found the accused guilty u/s. 302/109 P.C. and sentenced them as..Category: Criminal Law | Date: | Hits: 141
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....ould not be set aside. 2. A suit being T.S.No.254/1975 was filed by the plaintiff opposite party against the defendants petitioners in the 1st Court of Sadar Munsif Sylhet for declaration of his right of pathway over the disputed second schedule land of the plaint which is part and parcel of th...... Suit No.245 of 1975 should not be set aside. 2. A suit being T.S.No.254/1975 was filed by the plaintiff opposite party against the defendants petitioners in the 1st Court of Sadar Munsif Sylhet for declaration of his right of pathway over the disputed second schedule land of the plaint which i......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115....... decision in the case of Girijanandini Devi Vs. Bijendra Narain Chowdhury AIR 1967 SC 1124. It has been observed. "It is not the duty of the appellate Court when it agrees with the views of the trial Court to restate the effect of evidence or to reiterate the reasons given by the trial Court'..Category: Civil Law | Date: | Hits: 152
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
....rthwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......etitioner and on the opposite party as well to show cause why the order of acquittal of the petitioner in Sessions Case No.63 of 1984 should not be set aside and the said case should not be sent back for retrial or to pass such other or further order or orders as to this Court may seem fit and prope......rthwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......ner and on the opposite party as well to show cause why the order of acquittal of the petitioner in Sessions Case No.63 of 1984 should not be set aside and the said case should not be sent back for retrial or to pass such other or further order or orders as to this Court may seem fit and proper. Fro..Category: Criminal Law | Date: | Hits: 101
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
....rially affected and hence the election should be declared as a whole void. A similar question arose in the case of Sanaullah Vs. Election Tribunal, Gujrat and others, PLD 1966 Lah. 97 and the Court rightly ordered a fresh election." 8. I am in respectful agreement with the ratio decidendi of th......is election on the ground that the petitioner was a dealer in essential commodities appointed by the Government and remained so till the date of filing of nomination paper on 10.1.88 and was therefore disqualified to be elected or nominated as a Chairman under section 7(i)(f) of the Union Parish......n away and for so deciding a scrutiny is not necessary. The disqualification must be founded on some positive and definite fact existing and established at the time of the poll so as to lead to the fair inference of wilful perverseness on the part of the electors voting for the disqualified person...... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ..Category: Election Law | Date: | Hits: 187
National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
...., the Bangladesh Bank issued licence on 22.3.83 in favour of the defendant-petitioner, a public Limited Company, and not to an individual and, therefore, the plaintiff has no legal status or vested right to file a suit for declaration that the said licence is illegal, etc. Hence the learned Subord...... the appeal and reversing the judgment and order dated 1.11.83 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Title Suit No.116 of 1983. 2. The plaintiff-opposite party filed the aforesaid Title Suit for a declaration that the plaintiff is the sponsor Director of National Bank Lt......atter. Therefore, we do not find any ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103....... he is an actual shareholder or Director of the Bank. He is filing the suit on the basis of loss of a contingent interest. Whether he has been able to make out such a case will be seen at the time of trial but he cannot be shut out at this stage on the ground that the plaint discloses no cause of ac..Category: Business or Commercial Law | Date: | Hits: 282
Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)
....f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ......e, Dupchachia, Bogra alleged, inter alia, that on 2.8.86 at about 8 P.M. the accused petitioner No.1 with the help of accused petitioner Nos.2 and 3 enticed away his married daughter from his house for immoral purpose and forcibly confined and concealed and collusivley created a forged kabinnama. ......f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ......ers Act, 1974. The case was then sent to the Special Tribunal No.1, Bogra and in turn the learned Special Tribunal No.1 transferred the case on 4.7.87 to the learned Special Tribunal No.11, Bogra for trial. The Special Tribunal No.11, Bogra received the case record on 14.7.87 but as the trial of the..Category: Procedural Law | Date: | Hits: 112
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
....he suit by filing separate written statements denying all material allegations made in the plaint with assertion that the suit is not maintainable in this present farm and that the plaintiffs have no right, title and interest in the suit land. 4. The learned Upazila Munsif (now Assistant Judge) T......g aside the Judgment and decree passed by Upazila Munsif (now Asstt. Judge) Tongibari on 25.3.87 in Title Suit No.24 of 1984 decreeing the suit. 2. The petitioners being plaintiffs instituted the aforesaid Title Suit No.24 of 1984 in the Court of the Munsif, Tongibari upazila impleading the oppos...... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ...... 1987 and the learned Subordinate Judge, Munshiganj who heard the appeal by his Judgment and decree allowed the appeal dismissing the original suit and set aside the Judgment and decree passed by the trial Court. 6. As against that the plaintiff petitioners moved this Court and obtained this Rule..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....ince after liberation of the country the said owner late Abdul Jalil was found absent from the suit property to possess, control, manage and supervise the property and, as such, the suit property was rightly declared as an abandoned property. The petitioner further stated that he possessed the prope...... Judge, Additional Court, Dhaka in Title Suit No.27 of 1989. 2. The Rule was issued at the instance of defendant Government calling upon the plaintiff‑opposite party to show cause as to why the aforesaid Judgment and decree of the Courts below should not be set aside. 3. The opposite party i......in the meantime, died leaving behind two sons namely, Abdul Karim and Abdul Khaleque as his legal heirs. The said sons of late Abdul Jalil obtained nationality certificate from the Ministry of Home Affairs and made a representation to the authority concerned for not treating the property in question......it property was rightly declared as an abandoned property. The petitioner further stated that he possessed the property by leasing out the same and hence the suit is liable to be dismissed. 6. The trial Court decreed the suit of the plaintiff against which the petitioner preferred appeal and the ..Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......ney-General - For the State. Criminal Revision No.1127 of 1994 with Criminal Revision No.1129 of 1994. Judgment Mahmudul Amin Chowdhury J.- These two Criminal Revisions are taken up together for disposal as common question of law and facts are involved. 2. In Criminal Revision Nos.1127 o......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......, of the Code has not provided for any permission, from the concerned Court for holding further investigation or for receiving further police report. The provision is very clear. Before conclusion of trial the Investigating Officer may send further report if new and important evidences are available..Category: Criminal Law | Date: | Hits: 99
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