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Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......ged. Cases Referred to- Government of Bangladesh Vs. MS Ispahani, 40 DLR (AD) 116; Mukhter Ahmed Vs. Government of Bangladesh, 34 DLR 29. Lawyers Involved: SS Halder with Sadananda Rana Advocate and Chandi Charan Paul, Advocates—For the Petitioner. M Gholam Rabbani, A...... was discharged in 1955 on account of an accident causing one of his legs to be broken. He is residing at 5/616 Block F Joint Quarters, Mohammadpur, Dhaka, The Respondent No.3 submitted the following documents: (1) Domicile Certificate in original. (2) Allotment letter dated 27.9.62 in o..

Category: Property Law | Date: | Hits: 158

Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)

....quitted the said Mohammed Ali finding him not guilty of the charge. 6. P.W.1 Dr. Azizur Rahman was the Assistant Surgeon and Medical Officer-in-Charge of the Rurul Health Centre at Kaligonj at the relevant time and he stated that on 27.04.1972 at 12:00 A.M. be examined Fazlul Huq (P.W.3). P.W.2 i......ppeal is dismissed and the order of conviction and sentence pas­sed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72....... The State…………………………………………………………….Respondent Judgment April 30, 1985. Result: The appeal is allowed. Cases Referred to- Hachi Meah and another Vs. the State,17 DLR 692 (Full Bench); Hatu Mullik and others Vs. the Stat, 19 DLR 662; ......ppeal is dismissed and the order of conviction and sentence pas­sed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72...

Category: Criminal Law | Date: | Hits: 142

Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)

....nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......ords at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......(SC) 41 "the private document made an exhibit on its formal proof, presumption as to its writing—question of its genuineness is a question of fact" and he submits that the Exhibit 6 are all private documents and the burden of proof is on him to prove his genuineness of the rent receipts which were..

Category: Property Law | Date: | Hits: 144

James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)

....and to show anything in support of the maintainability of the appeal in view of the specific bar as created by the proviso to section 7 of the Artha Rin Adalat Act, 1990. 6. Let us now examine the relevant provisions of the Artha Rin Adalat Act, 1990 and consider the submissions made at the Bar a......llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ......Bank…………...Respondent Judgment July 21, 1992. Result: The appeal is dismissed. Cases Referred to- Hori Mia Vs. State, 10 DLR 123; 3 QBD page 1; ILR 40 Cal 21 (PC); Jyotish Chandra Chakravarty Vs. Hem Chandra Roy & another, 11 DLR 7; Abdur Rahman Vs. Muhammad Sharif &......llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ..

Category: Civil Law | Date: | Hits: 169

Abdul Latif Vs. Principal, Residential Model School, Mohammadpur Dhaka and another, 1987, 16 CLC (HCD)

....udge, 2nd Court, Dhaka in Miscellaneous Appeal Nos. 132 and 135 of 1984, setting aside the order dated 12.1.84 passed by the Munsif, 1st Court, Dhaka in Title suit Nos. 874 and 900 of 1980. 2. The relevant facts of the case are that the petitioner filed the above suits against the opposite partie...... in the impugned order of the learned Additional District Judge. As a result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 392. ......Court High Court Division (Civil Revisional Jurisdiction) Present: Abdul Bari Sarker J Abdul Latif .......Petitioner Vs. Principal, Residential Model School, Mohammadpur, Dhaka and another……….Opposite Parties Judgment April 2, 1987. Result: The Rule is disch......Court, for use at the time of hearing of the suit. The defendant filed a written objection against the petition but nonetheless, the petition was allowed and defendant No.1 was asked to produce those documents in court. As the defendants did not produce the documents, the plaintiff filed a petition ..

Category: Procedural Law | Date: | Hits: 132

Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)

....ry. 12. In this case it has been proved that appellants were lying in wait for the deceased at a lone place near the bamboo clump with a full knowledge that deceased was due to come on that way at relevant time 7:00 or 8:00 P.M. and inflicted injury on the unarmed deceased with dangerous weapons ......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ...... May 11, 1986. Result: The appeals are dismissed. Cases Referred to- 13 DLR page 64; 27 DLR page 7; 37 DLR page 33; State Vs. Puhardhar Joydhar (31 DLR page 312); State Vs. Abdur Rahman and others 27 DLR 77 AIR 1971 S.C. 1584; State Vs. Nawab Ali Biswas, (1961) 13 DLR 646; State Vs. Mo......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ..

Category: Criminal Law | Date: | Hits: 134

Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)

....down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ......Amirullah Chowdhury, the learned Advocate for the appellants, took us through the first information report, charge-sheet, deposition of the prosecution witnesses, impugned judgment and other material papers/documents as available in paper-book and submits that this is a case of no evidence, but the ......his Case is also Reported in: 55 DLR (HCD) (2003) 557. ......ah Chowdhury, the learned Advocate for the appellants, took us through the first information report, charge-sheet, deposition of the prosecution witnesses, impugned judgment and other material papers/documents as available in paper-book and submits that this is a case of no evidence, but the trial C..

Category: Criminal Law | Date: | Hits: 111

Dr. Md. Shahjahan, Advo­cate Vs. Election Commission and others, 2011, 40 CLC (HCD)

.... the Election Commission and also obtained ad-intention order that directed the Election Commission to treat his nomination paper as valid. 7. Be it mentioned that the added respondent No.8 at the relevant time by filing writ petition No.9904 of 2008 challenged the order of the Election Commissio......Commission declared the schedule of 9th national parliamentary election on 23-11-2008. The Election Commission also fixed last date of filing nomination paper on 30-11-2008 and scrutiny of nomination papers on 3rd and 4th December and last date of withdrawal of nomination paper on 11-12-2008. The pe...... High Court Division (Special Original Jurisdiction) Present: Ashfaqul Islam J SM Emdadul Hoque J Dr. Md. Shahjahan, Advo­cate...............Petitioner Vs. Election Commission and others...............Respondents Judgment March 14, 2011. Result: The Rule is discha......g infructu­ous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ..

Category: Election Law | Date: | Hits: 231

Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)

....decree was passed there was no any scope for the appellant to file any application before the trial Court under Order IX, rule 13. 8. We have gone through the judgment and decree perused the other relevant papers and we have considered the submissions made by the learned Advocates and also gone t......s passed there was no any scope for the appellant to file any application before the trial Court under Order IX, rule 13. 8. We have gone through the judgment and decree perused the other relevant papers and we have considered the submissions made by the learned Advocates and also gone through th......ourt Division (Civil Revisional Jurisdiction) Present: Faruque Ahmed J Obaidul Hassan J Abdul Haque…………………………………..Defendant-Appellant Vs. Monija Khatun and others………………………………………Plaintiff-Respondents Judgment May 29, ......r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ..

Category: Alternative Dispute Resolution | Date: | Hits: 227

Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)

....4 of the Penal Code rejecting the petitioner's application under section 540 of the Code of Criminal Procedure for re-calling and re-examining the wit­nesses should not be set aside. 2. The facts relevant to the case in brief are that, one Md. Edu Miah as informant lodged a FIR on 16-6-2001 with......in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......s also Reported in: 63 DLR (HCD) (2011) 524.......in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524...

Category: Procedural Law | Date: | Hits: 129

Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)

....the learned Advocate appearing for the plaintiff-appellant in the course of his argument after placing the plaint of the suit, dep­osition of witnesses, impugned judgment and decree along with other relevant materials on record including the exhibits submits that the trial Court below having failed...... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519.......e appeal is dismissed. Cases Referred to- 2 MLR (AD) 215; 57 DLR (AD) 39; 20 BLD (AD) 187; 43 DLR 360; 4 BLC (AD) 193; 5 BLD (AD) 51. Lawyers Involved: Khijir Ahmed with Hidar Alam Kollol and Shofiul Aziz, Advocates - For the Appellant. Zainul Abedin with Shirin Sultana and Md. Abu Ta......able to be dismissed. 4. At the trial the plaintiff examined in all 3 (three) witnesses and the defendant side examined only 1(one) witness namely, D.W.-1 and both the parties produced a series of documents to prove their respective cases. 5. On consideration of the evidence on record both ora..

Category: Property Law | Date: | Hits: 105

Mian Abdur Rashid and others Vs. Government of People's Republic of Bangladesh and others, 1986, 15 CLC (HCD)

....ot arbitrarily. In the result, this Rule is discharged but without any order as to costs. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 122. ......by the petitioners before the nationali­sation of the industry. 3. In the meantime, a notice was publi­shed in Bangladesh Gazette/pursuant to an advertisement dated 28.09.1982 published in news­papers notifying the intention of the Government to transfer Jute Mills to former Bangladeshi share-......o Reported in: 39 DLR (HCD) (1987) 122. ......letter written by Amlani and others to the bank that they had pledged 1,00,000 shares as security for repayment of Rs.19,80,000/-. Respondent No.4 bank has annexure-D in their affidavit copies of the documents of pledge along with the list of shares with certi­ficate numbers of Purbachal Juts. The ..

Category: Company Law | Date: | Hits: 162

Manoo Meah Vs. Sultan Ahmed Khan, 1984, 13 CLC (HCD)

....ndant petitioner has moved this Court and obtained the present Rule. 3. Mr. Chitta Ranjan Das, the learned Advocate appearing for the petitioner has ta­ken me through the impugned order and other relevant materials. The learned Advo­cate submitted that the appeal was fixed for hearing on 21.08.......out so as to attract the revisional juris­diction of this Court. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 119.......¦â€¦Petitioner Vs. Sultan Ahmed Khan……………………Opposite Party Judgment April 19, 1984. Result: The Rule is discharged. Cases Referred to- Taher Sheikh Chowkidar and others Vs. Otaruddi Howlader and others, AIR 1929 Cal. 475; Digendra Chandra Pal Vs. Radha Bella......out so as to attract the revisional juris­diction of this Court. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 119...

Category: Procedural Law | Date: | Hits: 116

Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)

....atter was referred to a third Judge under section 429 Cr.P.C and his lordship presiding over the second single Bench concurring with the observation of his lordship Mr. Justice ATM Afzal, held in the relevant portion of the judgment thus:- 12. "Many accused persons in this country do not understa......said Assistant Inspector D.A.B. Jessore suo motu started the police case being G.R. Case No.16/82 and examined the witnesses, recor­ded their statements under section 161 CrPC seized other connected papers end also examined the accused and found prima facie case against accused persons namely, peti...... the Code of Criminal Procedure for quashing the proceeding in Sessions Case No.5 of 1983 pending before Additional District Magistrate, Jessore arising out of Jessore Sadar, D.A.B. G.R.No.16 of 1982 and Kotwali P.S. Case No.25 dated 12.06.1982 under sections 468/419/420/471 and read with section 10......re an offence is committed by a party, as such, to a proceeding in any Court in respect of a document which has been produced or given in evidence in such proceeding. In this view of the law, the documents which we have to consider could not come within the purview of section 195 (1) (c). These ..

Category: Criminal Law | Date: | Hits: 117

Pubali Bank Ltd. Vs. Chairman, 1st Labour Court, Dhaka & others, 1986, 15 CLC (HCD)

....rd, let us firstly consider whether the provisions of section 36 (1) would apply in the case of a trial of an application under section 34 of the I.R.O. Here it would be appropri­ate to refer to the relevant provision of section 36 (1) which runs as follows:- ''36. Procedure and Powers of Labour......to costs. However, we direct the Labour Court to dispose of the original cases expeditiously. Anwarul Hoque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 128.......Khalilur Rahman with Sk. Abul Hossain, Advocates - For the Petitioner. A. F. M. Ali Asgar, Advocate - For the Respondent No.2. Writ Petition No.547 of 1985 along with Writ Petition Nos.548, 549 and 550 of 1985. Judgment Sultan Hossain Khan J. - These four Rules have arisen out of four si......forcing the attendance of any person and examining him on oath; (b) compelling the production of do­cuments and material object; (c) issuing commissions for the exa­mination of witnesses or documents and (d) delivering ex-parte decision in the event of failure of any party to appear be..

Category: Labour and Industrial Law | Date: | Hits: 147

Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)

....laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554.......laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554.......l Appellate Jurisdiction) Present: Md. Tafazzul Islam J AHM Shamsuddin Chowdhury J Siraj Mia (Md.)........................................................Appellant Vs. Nasima Akhter and another......................................Respondents Judgment January 21, 2002. Res......s that there was no requirement for the plaintiff to examine the attesting witnesses of the baina and that the provisions of section 68 of the Evidence Act is applicable only in those cases where the documents concerned are required, by law, to be attested by witnesses such as gift, will, etc. and t..

Category: Property Law | Date: | Hits: 104

Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)

....le Appeal No.73 of 2001 on reversing the judgment and decree dated 6‑8-2002 passed by the 2nd Court of Subordinate Judge, Chuadanga in Title Suit No.10 of 1999 decreeing the suit. 2. Short facts relevant for the purpose of the case are that the petitioner as plaintiff instituted Title Suit No.1......r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ......ourt Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Sk Rezowan Ali J Bijoy Kumar Shaha...........................................Petitioner Vs. DC, Chuadanga and others...............................Opposite Parties Judgment December 1, 2002. Result......tness while the contesting opposite parties also examined one witness in support of their respective the impugned decision occasioning failure of cases. The parties also exhibited a series of justice documents in support of their claims. 6. The learned Subordinate Judge, on consideration of the f..

Category: Employment/Service Law | Date: | Hits: 194

Advocate Taimur Alam Khandaker Vs. Rajdhani Unnayan Kartipakkha (RAJUK) and others, 2011, 40 CLC (HCD)

....n­celled. So the allotment letter is still alive and if the allotment in question has not yet been cancelled the petitioner has a reasonable ground to get the final allotment letter now since during relevant period he was in detention in custody and now he is ready to pay the rest installments in a......the above observation. Let a copy of the Judgment and order be sent to the concerned author­ity for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 517. ......ed in: 63 DLR (HCD) (2011) 517. ......the above observation. Let a copy of the Judgment and order be sent to the concerned author­ity for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 517. ..

Category: Property Law | Date: | Hits: 115

Cyma Zarrar Vs. Arab Bangladesh Bank Limited and others, 2010, 39 CLC (HCD)

....parties will suffer irreparable loss and injury. 12. We have heard the learned Advocates and perused the applications in Civil Revision No.1919 of 2009 and Civil Revision No.4232 of 2009 and other relevant papers. In Civil Revision No.1919 of 2009, we find that the learned Judge of Artha Rin Adal......ill suffer irreparable loss and injury. 12. We have heard the learned Advocates and perused the applications in Civil Revision No.1919 of 2009 and Civil Revision No.4232 of 2009 and other relevant papers. In Civil Revision No.1919 of 2009, we find that the learned Judge of Artha Rin Adalat reject...... Division (Civil Revisional Jurisdiction) Present: Quamrul Islam Siddiqui J ABM Hassan J Cyma Zarrar……………………………Petitioners Vs. Arab Bangladesh Bank Limited and others……………………………Opposite parties Judgment August 2, 2010. Result......t District Judge and Artha Rin Adalat No.3 in Miscellaneous Case No.9 of 2005 are hereby affirmed. There is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 514. ..

Category: Procedural Law | Date: | Hits: 121

Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)

....in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ......in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ...... costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ......f defendants, as per the provision of law provides in Order XLI, rule 27 of the Code of Civil Procedure the additional evidence as placed by the petitioners cannot be accepted at this stage since the documents in question had not been mentioned in the written statement or in their oral evidence by t..

Category: Property Law | Date: | Hits: 97