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Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)
....nted by this court be discharged from his bail bond. Let the Criminal Revision No.1020 (R)/91 be disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 379. ......PC and sentenced each of them to suffer imprisonment for life and 1cquitted the other accused Moklesur Rahman from the charges. 6. Mr. Ruhul Amin, learned Advocate for the appellant, placed the papers and documents on record and read the evidence and impugned judgment before us. He submitted t......d in: 44 DLR (HCD) (1992) 379. ......enced each of them to suffer imprisonment for life and 1cquitted the other accused Moklesur Rahman from the charges. 6. Mr. Ruhul Amin, learned Advocate for the appellant, placed the papers and documents on record and read the evidence and impugned judgment before us. He submitted that though ..Category: Criminal Law | Date: | Hits: 148
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
.... plaintiff by their letter Ext.5 (b) dated 27.02.1968 that the hold survey of these drums at the time of landing from the ship and defendant No.4's surveyor's finding had already been recorded in the relevant register of the jetty. Defendant No.4, however, allowed joint survey to be held within 4 ......smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93.......1, 1985. Result: The appeal is dismissed. Cases Referred to- Adam Ltd. Vs. East & West Steamship Company, PLD 1962 Karachi 715; East & West Steam Ship Company Vs. Hossain Brothers and others, 19 DLR (SC) 530; The Karachi Steam Navigation Co. Ltd. Vs. Messrs Abdul Rahman Abdul Gan......already been recorded in the relevant register of the jetty. Defendant No.4, however, allowed joint survey to be held within 4 days from the date of receipt of the said letter dated 27.02.1968. The documents were not received from the customs during these 4 days. 3. As a result survey could not..Category: Business or Commercial Law | Date: | Hits: 463
Deputy Commissioner (Revenue), Sylhet Vs. Sudhir Chandra, 1991, 20 CLC (HCD)
.... rejected. The order passed in Civil Order No.2454/90 on 20‑12‑90 in connection with this application stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 549. ...... rejected. The order passed in Civil Order No.2454/90 on 20‑12‑90 in connection with this application stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 549. ......urt High Court Division (Civil Revislonal Jurisdiction) Present: AKM Sadeque J Deputy Commissioner (Revenue), Sylhet.................Petitioner. Vs. Sudhir Chandra.................Opposite Party Judgment January 10, 1991. Result: The ......smissed the petition for leave to appeal summarily. 5. The Government of People's Republic of Bangladesh has thereafter made the present application for review on the ground that some important documents have been discovered after the disposal of the Rule by this Court. 6. It is claimed ..Category: Property Law | Date: | Hits: 157
.... Bangladesh, immediately if his notice is not complied with by the above defendant‑opposite parties within the stipulated time.
15. Let a photo copy of this Judgment duly authenticated by the relevant officer of the Court be sent to the Inspector General of Police, Bangladesh, and the Superi......well about the decree for permanent injunction and as such they had an opportunity to obey the decree but they are wilfully disobeying the decree for permanent injunction. Mr. Rab has annexed several papers with this application namely, Annexures B‑1, D, D‑1, D‑2, D‑3 and E which clearly sho......s Case is also Reported in: 44 DLR (HCD) (1992) 545.......to file written statement but no written statement was filed challenging the suit. Ultimately, the suit was fixed for ex parte hearing on 22.3.88. On that date plaintiff No.2 was examined and several documents were proved and marked as exhibits and the suit was decreed ex parte in favour of the plai..
Category: Property Law | Date: | Hits: 123
Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)
.... the local people and the Upazila Chairman the compliance of Rule 48 and the principle of natural justice were not attracted. 10. Keeping the above submission in our mind we need to look at the relevant section of Chittagong Hill Tracts Regulation, 1900 and the Rules for the Administration of ......ithout lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 539.......iginal Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Shewe Hla Prue TK………………Petitioner Vs. Commissioner, Chittagong Division, Chittagong and others………………Respondents Judgment May 4, 1992. Result: The ......t‑in‑opposition filed by respondent No.4 whom he represents that there has been definite allegation of incompetence and misconduct against the petitioner and in support of this allegation certain documents have also been annexed. Annexure 1 to the affidavit‑in‑opposition is a letter from the..Category: Others | Date: | Hits: 171
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....d immediately from the government by a Zaminder or other superior land holder, or as a subordinate tenure by any description of under‑tenant whatever." 27. Thus the law as it was in force at the relevant time provided that all alluvial land would be increment to the land of the Zaminder or tena......on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......Court Division (Civil Appellate Jurisdiction) Present: Mohammad Ismailuddin Sarker J Badrul Islam Chowdhury J Padmabati Biswas………………………Appellant Vs. Banglasdesh and others ………………………Respondents Judgment June 28, 1992. Result: The ap......government who is supposed to be in custody of the same, did not file it. But the other three Kabuliyats executed in the year 1946 have been filed in Court and marked as A, A(l) and A(2). These three documents prove that defendant Abdul Haque Sarker, Anil Kumar Ghosh and Bhupendra Nath Das executed ..Category: Property Law | Date: | Hits: 118
Mrs. Nafiza Mariam Vs. State, 1985, 14 CLC (HCD)
....tion 491 CrPC, the affidavit-in-opposition and the supplementary affidavit filed on behalf of the Government and the affidavit-in-reply filed on behalf of the petitioner. 3. The facts, of the case relevant for disposal of the Rule appearing from these materials placed by the parties, is regard to......zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ......y the Government of Bangladesh. 2. Mr. Muhammad Korban Ali, learned Advocate appearing for the petitioner has taken us through the application under section 491 CrPC, the affidavit-in-opposition and the supplementary affidavit filed on behalf of the Government and the affidavit-in-reply filed o......zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ..Category: Criminal Law | Date: | Hits: 116
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......s Referred to- Bangladesh Fishermen’s Cooperative Society Ltd. Vs. The Chairman, Labour Court, Chittagong, 27 DLR (1975) 367; Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another, 29 DLR (1977) 148; Manager, Sonali Jute Mills Ltd. Vs. Secretary, Sonali Jute Mills Wor......uch Court under the Code of Civil Procedure, 1908 (Act V of 1908) including the powers of- (a) enforcing the attendance of any person and examining him on oath, (b) compelling the production of documents and material objects, and (c) issuing commissions for the examination of witnesses or..Category: Labour and Industrial Law | Date: | Hits: 204
..............
(d) where the suit appears from the statement in the plaint to be barred by any law;
...................................”
Clauses (b) and (c) and the proviso to the rule are not relevant for our present purpose and so I have not reproduced those here. Order VII rule 11 is not t......py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542.......nt:
AKM Shafiuddin J
Principal, Barguna Darul Ulum Nesaria Alia Madrasha……………………….Petitioner
Vs.
Secretary, Ministry of Health, represented by the Civil Surgeon Barguna and others……………………………………………………Opposite Parties
Judgment
......py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542...
Category: Procedural Law | Date: | Hits: 146
Mohiuddin Ahmed and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....e Suit No.120 of 2004 Rejecting an application filed by the defendant-petitioners under Order 7 rule 11 read with sections 11 and 151 of the Code of Civil Procedure should not be set-aside. 2. The relevant facts of this case are that the present opposite party as plaintiff instituted the Title Su......r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504.......ase is also Reported in: 63 DLR (HCD) (2011) 504.......r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504...Category: Property Law | Date: | Hits: 121
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....e landlord due to non-payment of rent, becomes all the more necessary when the tenant comes with a positive case, supported by evidence, that due to some kind of abnormal situation supervening at the relevant time it was beyond his control to pay rent and, as such, the tenant be allowed to remain in......9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......gh Court Division (Civil Appellate Jurisdiction) Present: Mirza Hussain Haider J Abu Zafor Siddique J GSH Jamal………………………Defendant-Appellant Vs. Surraiya Jabeen and others……………………Plaintiff-Respondents Judgment June 10, 2010. Result: ......9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493...Category: Tenancy Law | Date: | Hits: 190
Mohammad Selim Vs. State, 2012, 41 CLC (AD)
.... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:......earned Advocate for the petitioner and Mr. Md. Selim, the learned Deputy Attorney General for the respondent and perused the impugned judgment and order of the High Court Division and other connected papers on record. 14. It appears that the accused was found by the witnesses inside the bathro......missed. Lawyers Involved: A.B.M. Bayezid, Advocate- For the Petitioner. Md. Selim, Deputy Attorney General- For the Respondent. Jail Petition No.10 of 2010. (From the judgment and order dated 18th January, 2010 passed by the High Court Division in Death Reference No.94 of 200...... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 98
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
....igh Court Division for quashing the proceedings of Petition Case No.268 of 2005 under sections 420/406/109 of the Penal Code, now pending in the Court of Metropolitan Magistrate, Dhaka. 3. The relevant facts for disposal of the case, in brief, are that the respondent No.2 - opposite party No.......urt Division. 11. We have considered the submissions of the learned Advocate-on-Record for the parties concerned and perused the impugned judgment of the High Court Division and other connected papers on record. 12. From the facts as narrated it appears prima facie that the accused-peti...... Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Mamun Akbar........................Petitioner Vs. The State and another..........Respondents Judgment November 8, 2012. Result: The peti......h the expectation that the accused-petitioner would execute a deed of sale in favour of the complainant in due time. The accused-petitioner had delivered to the complainant on 09.11.2000 the original documents regarding the allotment. But he fraudulently made a G.D. entry dated 23.01.01 at Mirpur Po..Category: Criminal Law | Date: | Hits: 90
State Vs. Md. Kamal Uddin alias Pichchi Kamal, 2012, 41 CLC (AD)
....legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......e have heard considered the submissions of the learned counsel for the parties concerned and perused the impugned judgment and order of acquittal passed by the High Court Division and other connected papers on record. 12. We find from the facts and circumstances detailed in the materials befor......r. Anisul Haque, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 368 of 2010. (From the judgment and order dated 2nd July, 2009 passed by the High Court Division in Criminal Appeal No.2013 of 2004.......legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 119
Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)
.... the writ respondent No.7 to send them back to the Headquarters by depriving them from completing the Course and to sit for the examination as (Annexure-‘G’ to the writ petition). 3. That the relevant facts for disposal of the case are as follows: The respondent Nos.1-29, who were the wr......h Court Division. 9. We have considered the submissions of the learned Advocate for the parties concerned and perused the impugned judgment and order of the High Court Division and other connected papers on record. 10. We find merit in the submissions of the learned Advocate for the petitione...... (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J The Director General, Bangladesh Railway and others……….Petitioners Vs. Niaz Mohammad Ali and others....................................ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 222
....h the impugned judgment and order passed by the High Court Division is liable to be set aside”.
Preparation of paper book, as prayed for, is dispensed with.
This Case is also Reported in:......e learned Deputy Attorney General for the petitioners and the learned Advocate-on-Record for the respondents and perused the impugned judgment and order of the High Court Division and other connected papers on record.
14. We find merit in the submissions of the learned Deputy Attorney General......mmel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Madam Justice Nazmun Ara Sultana J
Muhammad Imman Ali J
Additional Deputy Commissioner (Rev.) Rangpur and another.......Petitioners
Vs.
Amir Husain and others......................................pa Debi was found absent and she failed to exercise any act of possession in the suit land. The Government also pleaded that the suit was barred by res judicata.
5. The plaintiff’s following documents were admitted into evidence: Sale Certificate showing sale out of the suit land vide Certi..
Category: Property Law | Date: | Hits: 181
....e against the rest and declaring that the plaintiff respondent Nos. 1-17 are entitled to get lease of the plot/property in their favour with the valuation presently Taka 6 Lakh per bigha.
2. Facts relevant for disposal of the appeal are that the suit land was acquired by the Government vide LA Ca......et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479.......
Present:
Shahidul Islam J
Md. Rais Uddin J
Administrative Officer, Housing Settlement, Chittagong & others……………….Defendant-Appellants
Vs.
Abdur Rashid Chowdhury and others................Respondents
Judgment
May 10, 2011.
Result:
The appeal is allow......self as well as on behalf of all other plaintiffs claiming to have authorisation vide Power of Attorney deeds for examining on behalf of others. The defendant examined 2 (two) D.Ws. The plaintiff's documents were exhibited as exhibit-which is the Power of Attorney Deed empowering the plaintiff No...
Category: Property Law | Date: | Hits: 118
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....of more than one cheque, arose in another case of Zahed Hossain Vs. State reported in 61 DLR 386 wherein their Lordships have made an elaborate discussions and gave the reasonings with reference to relevant laws and precedents. Relevant portion of the said judgment runs as follows: “In this c....... Tauhid Uddin Ahmed reported in 15 BLC 39. 6. We have perused the revisional application, petition of complaint, application under section 265C of the Code the impugned order and other relevant papers annexed to the revisional application. It appears that towards realization of loan amount of ...... Court High Court Division (Criminal Revisional Jurisdiction) Present: Quamrul Islam Siddiqui J JBM Hassan J Shahidul Islam…………………………Petitioner Vs. State and another…………………………Opposite parties Judgment March 16, 2011. Result: ......Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ..Category: Procedural Law | Date: | Hits: 114
Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....ation due to fear of life and that in March, 1972 some miscreants illegally took over possession of the house from the said employees and servants and the representation made by the petitioner to the relevant authority failed. It is the further case of the petitioner that, his father filed Writ Peti...... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ...... High Court Division (Special Original Jurisdiction) Present: Bijan Kumar Das J Faruque Ahmed J Javed Alam (Md.).........................................Petitioner Vs. Bangladesh and others..................................Respondents Judgment March 4, 2001. Result: ......ed living at 22 Joginagar within Police Station Sutrapur in the District of Dhaka leaving the case property under the care and custody of his servants. The Court of Settlement on consideration of the documents submitted before the court found that the petitioner's father SM Rahmatullah was a Banglad..Category: Property Law | Date: | Hits: 106
Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
....er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......llage Birampur Bazar, Police Station Birampur, District Dinajpur alleging that she voluntarily took LPR on 28-2-2007 and she placed her bill along with service book before the accused for preparing papers and documents for pension and lump grants on 28-2-2007 and the accused claimed Taka 10,000 bu......or the State. Criminal Revision No.1062 of 2007. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Dinajpur, to show cause as to why the judgment and order Dated 12-8-2007 passed by the learned Special Sessions Judge, Dinajpur in Criminal Appeal ......ampur Bazar, Police Station Birampur, District Dinajpur alleging that she voluntarily took LPR on 28-2-2007 and she placed her bill along with service book before the accused for preparing papers and documents for pension and lump grants on 28-2-2007 and the accused claimed Taka 10,000 but the infor..Category: Criminal Law | Date: | Hits: 87
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