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Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
....said demand was refused by the Plaintiff consequently the Plaintiff was driven out from the house of the Defendant. The Plaintiff was mercilessly beaten by the Defendant and the Plaintiff had to take some treatment from the Rangpur Medical College Hospital. Thereafter the plaintiff received a notice....... 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 ...... Ali Chowdhury - For the Opposite Party. Civil Revision No.859 of 2002. Judgment Shahidul Islam J.- By this Rule the Opposite Party was directed to show cause as to why the impugned Judgment and decree dated 17.11.2001 passed by the Joint District Judge, 1st Court, Nilphamari, in Family App..Category: Family Law | Date: | Hits: 224
Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)
....………………Decree-Holder-Petitioner Vs. Sree Khudiram Jaladas…………………………Judgment-Debtor-Opposite Party Judgment March 25, 2007. Result: The Rule is made absolute. Case Referred to- Maksud Ali and another Vs. Sekandar Ali, 28 DLR (AD) 99. Lawyers ...... Harendra Nath Nandy - For the Petitioner. No one appears - For the Opposite Parties. Civil Revision No.156 of 2004. Judgment Shahidul Islam J.- By this Rule the Opposite Party No.1 was called upon to show cause as to why the impugned Order No.39 dated 4.4.2001 passed by the learned Se......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...... Vs. Sree Khudiram Jaladas…………………………Judgment-Debtor-Opposite Party Judgment March 25, 2007. Result: The Rule is made absolute. Case Referred to- Maksud Ali and another Vs. Sekandar Ali, 28 DLR (AD) 99. Lawyers Involved: Harendra Nath Nandy - For the ..Category: Procedural Law | Date: | Hits: 253
....that the plaintiff claimed salary for the period of her studying in the H.S.C. class. He further submitted that the father of the plaintiff was the founder of the school and was a very influential person. Save and except this he could not point out any illegality or infirmity of the impugned Judgmen....... Muzibur Rahman - For the Petitioner.
Md. Tafazzal Hossain - For the Opposite Party.
Civil Revision No. 4568 of 2004.
Judgment
Shahidul Islam J.- By this Rule the Opposite Party No.1 was called upon to show cause as to why the impugned Judgment and decree dated 30.7.2002 passed by the l...... 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......
High Court Division
(Civil)
Present:
Shahidul Islam J
Chairman, Ad-hoc Committee, Matler Char Non-Government Primary School………………Defendant-Petitioner
Vs.
Razia Sultana and others…………………Plaintiff-Opposite Parties
Judgment
March 18, 2007.
Result:
..
Category: Civil Law | Date: | Hits: 104
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
.... Mazid and others Vs. Khalil Ahmed, PLD 1955 FC 38; Azizur Rahman Vs. Per Vaizshan and others, 1997 PSC 1329; Fazal Karim Vs. Abdul Manafard and others, 1997 PSC 1163; Federal Radid Commission Vs. Nelson Brothers Board and Mortgage Company and others, (1932) 289 US 266; Virgina Electric and Power Co...... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ......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......Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J lqbal Hossain Talukder (Md.)...............................Pre‑emptee‑Petitioner Vs. Md. Joinal Abedin Talukder and 76‑others.............Opposite Parties Judgment August 20, 2002. Result: The Rule ..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....hearing of the probate case the petitioner had to rely on a photostat copy of the “Will' which was preserved by the petitioner and proved by her as well as attesting witness of the 'Will'. The OPs, sons of the testator, did not raise any objection to the grant of the probate in favour of their mot......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......Court Division (Civil Appellate Jurisdiction) Present: ABM Khairul Haque J KM Khaled J Durga Rani Sutradhar.................................................Appellant Vs. Paresh Chandra Sutradhar..........................................Respondent Judgment February 16, 2002..Category: Property Law | Date: | Hits: 113
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
....h on 18th October, 1989. After completion of the project the respondent No.1 contractor submitted his bill and claimed certain money on account of suspension of the work for 40 days. The contractor also claimed certain amount of money on account of increase in price of cement and MS rod. The respond...... No.1 in paragraph No.2 of his application under section 14(2) of the Arbitration Act has neither been denied nor controverted by the Second Party appellant before the Subordinate Judge nor they have called in question these assertions made by the contractor respondent No.1 in that application even ......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 ......rted in:49 DLR (HCD) (1997) 335. ..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abdul Latif Vs. Md. Sheesh, 1982, 11 CLC (HCD)
....stafa Kamal J Abdul Latif………………………Petitioner Vs. Md. Sheesh………………………Opposite Party Judgment April 27, 1982. Result: The Rule is made absolute. Case Referred to- Kumudini Welfare Trust Vs. Pakistan, 11 DLR (Dacca) 57. Lawyers I......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......iff petitioner instituted Title Suit No.166/77 in the 6th Court of Munsif, Dacca against the defendant opposite party alleging that his father was killed by the miscreants at Mirpur in February, 1972 and the suit property devolved upon the plaintiff as his sole surviving heir. The defendant has been..Category: Civil Law | Date: | Hits: 123
Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)
.... 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. ......al Tribunal No. III, Barisal an application was filed by the public prosecutor praying for withdrawal of the case against one out of the eight accused persons namely, Hamayun Kabir (hereinafter called the accused) on the ground that the government has decided to withdraw the case against h......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......r 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 perused the petition. 3. It appears that upon a First Information Report lodged by the in..Category: Criminal Law | Date: | Hits: 145
Abul Hosain Sikdar Vs. State, 1982, 11 CLC (HCD)
....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. ......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......puty Attorney-General - For the State. Criminal Revision 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..Category: Criminal Law | Date: | Hits: 115
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
....t and order 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 ......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 ...... Criminal Appeal No.1626 of 1999. Judgment Syed Mohammad Ziaul Karim J.- By this appeal convict appellant Rawsanara Begum alias Roshani alias Rosni has challenged the propriety of the Judgment and order dated 07-07-1999 passed by the learned Sessions Judge, Sherpur in Session Case No.37 of 19..Category: Criminal Law | Date: | Hits: 142
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....e entitled to recovery all expenses from the executant. It is further stated that the plaintiff repeatedly requested the defendants td execute and register the sale deed but the defendants did not do so saying that they have been facing some difficulties to obtain some documents from the office of t...... negative does not admit of the direct and simple proof of which the affirmative is capable. Moreover, it is but reasonable and just that the suitor who relies upon the existence of a fact, should be called upon to prove his own case. The party on whom the onus of proof lies must in order to success......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......ce. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ..Category: Civil Law | Date: | Hits: 102
Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)
....assed by the learned Additional Sessions Judge, Sherpur in Sessions Case No.83 of 2001 convicting the petitioner under sections 302/148 of the Penal Code and sentencing him there under to suffer imprisonment for life and also to pay a fine of Tk.10,000/- in default, to suffer R.I. for a further peri......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......ior Advocate, Instructed by Md. Abu Siddique, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.187 Of 2009 (From the judgment and order dated 22.07.2008 passed by the High Court Division in Criminal Appeal No.3701 of 2008) ..Category: Criminal Law | Date: | Hits: 116
....……………………Petitioner
Vs.
Chairman, Court of Settlement, 1st Court, Dhaka and another………………Respondents
Judgment
March 12, 1997.
Result:
The Rule is made absolute.
Lawyers Involved:
Masood R Sobhan, Advocate ‑ For the Petitioners.
Saifuddin Ahme...... Government in terms of Article 4 thereof on the commencement of the said Order. But an abandoned property even in possession of any person can only be included in the list of "Abandoned Properties", called "Kha" list in respects of which noticesforsurrender have been issued and possession takenover......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.
......This case is also Reported in:49 DLR (HCD) (1997) 325.
..
Category: Property Law | Date: | Hits: 116
....re discharged.
Lawyers Involved:
Hasan Foez Siddique, Advocate ‑ For the Petitioner.
Syed Ghulam Mostafa, Advocate ‑ For the Respondent Nos. 2 & 3.
Writ Petition No.9 of 1990 (Jessore).
Writ Petition No.1203 of 1991 (Dhaka).
Judgment
Naimuddin Ahmed J.- By this applicat......
Naimuddin Ahmed J.- By this application under Article 102 of the Constitution the Judgment and order passed by the Labour Court, Khulna, in Complaint Case No. C‑57 of 1998 on 31‑7‑89 has been called in question as being illegal and without lawfull authority.
2. The petitioner of this writ...... with the Judgment and order passed by the learned Labour Court.
The Rules is, accordingly, discharged without any order as to costs.
Ed
This case is also Reported in:49 DLR (HD) (1997) 215.
...... Jurisdiction)
Present:
Naimuddin Ahmed J
Md. Golam Rabbani J
Sultan Ahmed @ Md. Sultan Ahmed…………………………………Petitioner
Vs.
Chairman, Divisional Labour Court, and others……………………………………Respondent
Judgment
April 20, 1993.
Res..
Category: Labour and Industrial Law | Date: | Hits: 141
....ivil petition for leave to appeal is directed against the judgment and order dated 04.06.2008 passed by a Division Bench of the High Court Division in Civil Revision No.2581 of 2005 making the Rule absolute reversing the judgment and decree dated 23.03.2005 passed by the learned Additional District ......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......p;
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
International Finance, Investment And Commerce Bank Ltd. (IFIC Bank Ltd)….......Appellant
Vs.
Abdur Rahman and Others……………………………..Respondent
Judgment
April 8, 2012.
Result:
..
Category: Civil Law | Date: | Hits: 174
Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)
....Askander Ali and other members of his family went to bed. Later on at about 12‑30 his wife Monowara Begum woke up and went outside and, in the light cast from an electric bulb, she noticed 15/16 persons lurking outside their house. When, she asked who they were, she was told that they were Sarbaha......56(8) of the Customs Act are one and the same. Therefore, the joinder of the offence did not vitiate the trial.But inthe instant case the offences concerned are very different in nature and cannot be called the same. 21. Incidentally, we cannot help but observe that in the facts of the case, th......e accused appellants under section 387 of the Penal Code. 4. The defence case is that the appellants are innocent and falsely implicated out of prior enmity over some landed property. 5. At the trial the prosecution examined 9 witnesses including the police officer who submitted the charge she...... Abdur Rouf, Assistant Attorney-General - For the State. Criminal Appeal No.897 of 1993. Judgment K M Hasan J.- This appeal at the instance of the appellants is directed against the Judgment and order dated 15.5.93 passedby the learned Special Tribunal Judge No.3, Barisal, in Special Tribun..Category: Criminal Law | Date: | Hits: 132
Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)
.... not in a position to appear in a suit or in an appeal, it is a sufficient cause for setting aside an ex-pane decree. If he makes a statement that he was not in a position to appear for particular reasons the statement ought to be generally accepted and not lightly brushed aside.” In the case of G......on of Mirza Umar Boksh Vs. Hussan Aara and others reported in P.L.D. 1960 (W.P.) Peshawar 85. In that case, it was held that a general statement of the kind, that counsel's absence, when the case was called because he was elsewhere in his professional activities, was not a sufficient ground, will no......ed. There is no reason why the testimony of an advocate also should not require some corroboration. The evidence adduced on the said petition of the petitioner could not inspire confidence in the trial Court and the trial Court had disbelieved the ground of non-appearance alleged by the petition......ch) (Civil Appellate Jurisdiction) Present: Amirul Islam Chowdhury J Md. Altaf Hosssain J Bangladesh Power Development Board………………………Appellant Vs. Sonali Bank and others……………………Respondent Judgment June 30, 1982. Result: The appeal..Category: Procedural Law | Date: | Hits: 143
State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....ained in the preamble of the said Act. 4. The words "commercial establishment" have been defined in section 2(d) of the said Act. Among other concerns “banking company” and “a bank” was also "included" within the definition of the said words. It is undisputed that before the nationalisat......ablishing the Sonali Bank, appears to us to be no different from any such public statutory body. The then Supreme Court of Bangladesh had occasion to consider the true nature and character or what it called "public corporation" and it observed as follows in the case of B.S.I. Corporation Vs. Mahbub ......trate, therefore, rightly acquitted the accused respondent though the reasonings given by him are not approved by us. The learned Magistrate ought to have discussed the merits of the case and as a trial Court he should not have acquitted the respondent on a mere technical ground. In the result......bsp; Government Appeal No.1 of 1980. Judgment Mustafa Kamal J.- This appeal against acquittal raises the point as to whether the nationalised Sonali Bank comes under the purview of the Shops and Establishments Act, 1965 (Act No. VII of 1965), hereinafter referred to as the said Act. 2. T..Category: Others | Date: | Hits: 163
Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....………Defendant-Petitioners Vs. Mohammad Hasan Ali and another………………………………Plaintiff-Opposite Parties Judgment March 22, 2007. Result: The Rule is made absolute. Cases Referred to- Iman Bandi Vs. Mutsuddi, 45 IA 73; Md. Izaj Vs. Md. Iftikhar, AIR 1......am with Mohd. Safar Ali - For the Petitioner. No one appears - For the Opposite Parties. Civil Revision No.2320 of 1992. Judgment Shahidul Islam J.- By this Rule the Opposite Parties were called upon to show cause as to why the impugned Judgment and decree dated 30.5.1992 passed by the l......at appeal was heard by the learned Additional District Judge, 3rd Court Dhaka who by the impugned Judgment and decree dated 30.5.1992 dismissed the appeal and affirmed the Judgment, and decree of the trial Court. 6. Being aggrieved by the impugned Judgment and decree the defendant has obtained th......e Court High Court Division (Civil) Present: Shahidul Islam J Hanif Chowdhury alias Serajul Islam Chowdhury………………………Defendant-Petitioners Vs. Mohammad Hasan Ali and another………………………………Plaintiff-Opposite Parties Judgment March 22, 2..Category: Civil Law | Date: | Hits: 129
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
....No. II of 1947); section 5(2) To establish the charge under clause (c) of sub-section 5, the prosecution firstly is to prove that the accused had dominion or control over the property which was also entrusted on him and he dishonestly or fraudulently misappropriated or converted the same for his......13. Being aggrieved by the Judgment and order dated 30.04.2005 passed by the learned Divisional Special Judge, Rajshahi, the convict persons preferred this appeal before this Court. 14. Now we are called upon to consider whether the Divisional Special Judge, Rajshahi, is justified in passing the ......e prosecuted for the offence of criminal misconduct under section 5(2) of the Prevention of Corruption Act, 1947 as well as for the offence under section 409 of the Penal Code. There is no bar to the trial or conviction of the offender under two enactments but there is only a bar to the punishment o......Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ..Category: Criminal Law | Date: | Hits: 109
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