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Jahangir Alam Vs. State, 2004, 33 CLC (HCD)

....y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......or the Accused-Appellant. No one appeared - For the Respondent. Jail Appeal No.102 of 2004. Judgment Abdus Salam Mamun J.- This Jail appeal has been directed against the impugned Judgment and order of conviction and sentence dated 30th September 2003, passed by the Acid Aparadh Daman Tri......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ..

Category: Criminal Law | Date: | Hits: 103

Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)

....ter setting aside the order dated 24‑12‑85 passed by the Munsif, First Court, Tangail in Other Class Suit No.117 of 1985 or such other or further order or orders as to this Court may seem fit and proper. At the time of the issuance of the Rule all further proceedings of the aforesaid suit were s...... in:48 DLR (HCD) (1996) 372. ...... Nika Registrar for the entire Union Parishad including Ward No.1; but meanwhile defendant No.1 Moulana Md. Korban Ali in collusion with the staff of the Government, defendant No.2 procured an illegal appointment direct from the defendant No.2 as a temporary Nika Registrar in respect of Ward No..

Category: Civil Law | Date: | Hits: 112

Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)

....he defendant Nos.1‑3 in collusion with the employees of defendant No.5 the Government of the People’s Republic of Bangladesh in order to make an illegal gain of the said land, which is a Debottar property, managed to start a certificate proceeding being No.201‑A/69‑70 against the dead person...... Sree Sree Ram Krishna Dev & ors.................Respondent Judgment July 18, 1993. Result: The First Miscellaneous Appeal is dismissed. Cases Referred to- Choumuhani College and another Vs. Md. Ismail Hossain and others, 26 DLR 10; 11 DLR 377; Tarangini Debi Vs. Govinde Mal......f the plaintiff was found out of possession of the suit land. The plaintiff further prayed for a declaration that the sale held in certificate case Nos.201‑A of 1969‑70 and 207 of 1969‑70 was illegal, fraudulent, and null and void. 3. The case of the plaintiff, in short, was that the suit l..

Category: Property Law | Date: | Hits: 113

Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)

....e Artha Rin Adalat is triable by a Civil Court having jurisdiction in the matter. In such circumstances Artha Rin Adalat ought to have returned the plaint to the plaintiff for presentation before the proper Court. In the result, the Rule is made absolute without any order as to cost. Impugned or......sion (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Eastern Bank Limited……………………………Petitioner Vs. Subordinate Judge and another………………………………Respondents Judgment February 5, 1997. Resu......er dated 18‑7‑96 passed in Money Suit No.6 of 1994 in the Court of Subordinate Judge and Artha Rin Adalat No.2 Dhaka should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to refrain from proceeding with the suit..

Category: Civil Law | Date: | Hits: 119

Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)

.... not sufficient to prove that the sarees were Indian sarees. He has also argued that no sarees were recovered from appellant No.2 and, as such, arrest of convict‑appellant No.2 Nazrul Islam was not proper and legal. 4. Perused the Judgment and the evidence on record. I have already noticed that......s at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ......ient to prove that the sarees were Indian sarees. He has also argued that no sarees were recovered from appellant No.2 and, as such, arrest of convict‑appellant No.2 Nazrul Islam was not proper and legal. 4. Perused the Judgment and the evidence on record. I have already noticed that only fourw..

Category: Criminal Law | Date: | Hits: 79

Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)

....y be some force in Mr. Huq's contention that both the parties are located abroad and have no reason to submit to the jurisdiction of this Court. Mr. Kamal submits that this contention would have been proper but for the fact that the subject matter of dispute between the parties, i.e., the Goods in q......urt Division (Statutory Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Crown Maritime Co. (1) Ltd………………………Petitioner Vs. Royal Boskalis Westminster NV and others………………………Respondents Judgment August 17, 2009. Result: The ......ordingly, the application for vacating the order of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ..

Category: Alternative Dispute Resolution | Date: | Hits: 632

Dr. Md. Abul Kalam and another Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....n Adalat Ain, 2003 (Act No. VIII of 2003); section 34 (9) The Adalat is empowered to pass an order of civil imprisonment against the judgment-debtor/s only after taking steps to sell the mortgaged property in question.....................................(13) Lawyers Involved: Ms. Farida Akh......ed in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185. ......xure-A) being violating of the provision of Article 27 and 31 of the Constitution of the People's Republic of Bangladesh should not be declared to have been made without lawful authority and is of no legal effect and as to why the impugned Order No.4 dated 20.11.2005 passed by the respondent No.2, A..

Category: Civil Law | Date: | Hits: 127

Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)

.... in equal share to the extent of 13 decimals of land each. Accordingly Isab Prodhan inherited 13 decimals of land who died leaving behind two sons namely Abdus Salam and Abdul Kader who inherited his property and they by amica­ble partition dated 09.05.1988 distributed the land and accordingly Abdu......formation and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ......or the petitioners.  Mohammad Nazrul Islam, Advocate - For the opposite party.  Civil Revision No.1674 of 2006. Judgment Syed Md. Ziaul Karim J.- This Rule calls in question the legality and propriety of the judgment and decree dated 22.01.2006 passed by the learned Additional ..

Category: Civil Law | Date: | Hits: 181

M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)

..../406/506 of the Penal Code, now pending in the Metropolitan Magistrate, Court No.11, Dhaka, should not be quashed and or pass such other or fur­ther order or orders as to this Court may seem fit and proper. 2. The relevant facts for the purpose of disposal of the rule may be briefly stated as fo......er Vs. The State.......................Opposite party Judgment May 26, 2011. Result: The Rule is made absolute. Cases Referred to- Nazurl Islam Vs. The State, 13 MLR (AD) 157 and 184; Ali Akkas Vs. Enayet Hossain and oth­ers, 17 ELD (AD) 44; Abdul Quader Chowdhury and other......nal proceedings against the accused person may amount to an abuse of the process of the Court or when the quashing of the impugned proceedings would secure the ends of justice. 3. Where there is a legal bar against initiation on continuance of a criminal case against an accused person. 4. In a..

Category: Criminal Law | Date: | Hits: 104

Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)

....g those dated 30.03.1986 passed by the learned Munsif, Gaziur in Title Suit No. 620 of 1981 should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as follows:- The Predecessor of the opposite parties No...... This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......ce purchase the plaintiffs had been possessing the same on payment of rent and mutated his name, and that S.A. and R.S. record were prepared in his name; that the defendant No. 2 with an ill motive illegally and collusively by misleading the Enemy Property Authority took lease of the disputed Proper..

Category: Property Law | Date: | Hits: 106

Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)

....Artha Rin Jari Case No.80 of 2005 (Annexure-A to the petition, should not be declared illegal and without any lawful authority and/or pass such other order or orders as to this court may seem fit and proper. 2. In short, the case of the petitioner for the purpose of disposal of this Rule is as fo......s Case is also Reported in: 16 MLR (HCD) (2011) 213. ......y the impugned order No.170 dated 22.03.2009 passed by the learned Judge of the Artha Rin Adalat No.1, Dhaka in Artha Rin Jari Case No.80 of 2005 (Annexure-A to the petition, should not be declared illegal and without any lawful authority and/or pass such other order or orders as to this court may s..

Category: Civil Law | Date: | Hits: 186

Masum Sharif Bhuiyan and others Vs. Narayangonj Pourashava repre­sented by its Administrator and others, 2010, 39 CLC (HCD)

....ntly, according to parti­tion deed No.2189 dated 10.6.1999 the plain­tiff Nos.2-6 got the suit land as the sons of Amina Begum. Defendant No.1 Narayanganj Pourashava demanded the suit land as their property and on 4.8.2002 they served a notice upon the plaintiffs in this regard and asked them to v......d. This Case is also Reported in: 7 LG (HCD) (2010) 321. ......t land and the case of the defendant Nos.15-18, in short, is that Sabdi and Hisabdi were recorded tenant of the suit land. Hisabdi died leaving behind Abdul Jalil, Jalal, Peer Boksh and Falani as his legal heirs and they became owner of his land. They along with Sabdi transferred the suit land along..

Category: Property Law | Date: | Hits: 105

S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)

....dge, 3rd Court Dhaka in Title Suit No.149 of 2002 rejecting the plaint of the suit. 2. The plaintiff-appellant instituted Title Suit No.149 of 2002 for declaration that he is the owner of the suit property and that the defendant wife is his benamdar and is not the owner thereof. 3. The case of......s. Kempton Park Racecourse Co. Ltd., [1899] AC 143 at page 185; Jute Mills Vs. Bangladesh, 29 DLR (SC) 85; Jennings Vs. Kelly, 1940 A.C. 206; (1939) All. E.R. 464; M/S. Speed Bride Navigation Company and another Vs. Bangladesh, 27 DLR (1975) 170; Anwar Hossain Chowdhury Vs. Government of the People'......agricultural land in the section. So, we have found that by making the provision of section 5 acquisition of the 'immovable prop­erty' by benami transaction has been prohibited. The plaintiff had no legal title in the suit property to get declaration that the defendant is benamdar and he has acquir..

Category: Property Law | Date: | Hits: 134

Subhra Nandi Majumder Vs. Amar Prasad Bhattacharjee and others, 1997, 26 CLC (HCD)

....y filed the suit for specific performance of contract being Other Suit No.149/85 in the 1st Court of Subordinate Judge, Chittagong against Sarat Kumar Kanungoe as the sole defendant in respect of the property mentioned in the Schedule of the plaint. A written statement on behalf of defendant No.1 wa......Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ......this revisional application and obtained the present Rule. 3. Mr. SR Paul, the learned Advocate appearing for the petitioner, submitted that the learned Subordinate Judge has committed a serious illegality in disallowing the application for addition of party. He has relied upon a decision in the ..

Category: Civil Law | Date: | Hits: 117

Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)

....sence of any proof that the transfer was for the purpose of legal necessity the said transfer cannot be treated as valid transfer by a widow because of the fact she had only life interest in the suit property. In support of his contention Mr. Latifur Rahman has relied on a case reported in 29 DLR pa...... as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ...... meantime was married. But she was also sonless Subha­dra obtained a patta with respect to the suit land from her mother. The patta is a collusive document and without consideration and there was no legal necessity for Jatri to transfer the same to Shubhadra. As the same patta has clouded the title..

Category: Procedural Law | Date: | Hits: 81

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

....udge are set aside and the plain­tiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......ases Referred to- Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury,29 DLR (S.C.)41; Bang­ladesh Biman Corporation Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305; 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. Lawyers Involved: T. H........ Abdul Wadud Bhuiyan, Additional Attorney General—Amicus Curiae. Appeal from Appellate Decree No. 313 of 1978. Judgment Mustafa Kamal J. - This second Appeal raises the question of the legal status of the employees appointed by the District Councils later District Boards, under the Wo..

Category: Employment/Service Law | Date: | Hits: 120

Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)

....ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ......d Farid uddin, the cashier of his branch, on the accusation that he as the cashier of the branch on 23.01.2003 received Taka 8, 70,000/-from Juried Ahmed, the account holder of Saving Account No.3385 and issued receipt putting his signa­ture and giving seal of the bank therein. On 17.11.2003, when ......ence against the petitioner by the Senior Special Judge, Sylhet, the provision of taking prior sanc­tion of the Government before taking cognizance of the offence was non-exis­tent. So there was no legal necessity for taking sanction of the Government before taking cognizance of the offence in thi..

Category: Criminal Law | Date: | Hits: 85

Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)

....d Court, Sadar, Chittagong in Other Suit No.229 of 2009 granting an order of status quo should not be set aside and or such other or fur­ther order or orders passed as to this Court may seem fit and proper. 2. This Court at the time of issuance of the Rule directed the parties to maintain status......Civil Revisional Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Mohammad Latif Anowar Chowdhury...........Defendant-Appellant-Petitioner Vs. Mohammad Fazle Moubin Faruki and others..........Plaintiff-Respondent-Opposite Parties Judgment November 11, 2010. Resul......ole attorney. It is the further case of the plaintiff that the defendant No.1 himself has given up his all interest in favour of the defendant Nos.9-11 and 2-7 by an amicable arrangement. Due to some legal bar in transferring the share of the defendant No.1 he gave up his possession in favour of the..

Category: Civil Law | Date: | Hits: 115

M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)

....ttagong in Money Suit No.97 of 1985 is hereby set aside. There will be no order as to cost. Send down the L.C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ......d in: 16 MLR (HCD) (2011) 369. ...... 1,47,341/78. That the said loss was caused due to the gross negligence and carelessness of the staff of the defendants and accord­ingly the plaintiff lodged the claim upon the defendants but they illegally repudiated the same. Hence, the plain­tiff was constrained to file the instant suit. 4. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 570

Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)

....Kushtia Police Station Case No.37 dated 23-07-2003 corresponding to G. R. No.1692 of 2004 should not be quashed and or such other or further order or orders passed as to this court might seem fit and proper. 2. Facts relevant for the purpose of dis­posal of the instant rule in short are that, FI......te........................................Opposite Party Judgment February 24, 2011 Result: The rule is discharged. Cases Referred to-  Jahangir Alam Vs. State, 56 DLR (AD) 200 and 17; Sobhan Munshi Vs. State, 15 MLR (HCD) 37. Lawyers Involved: None Appear- For the Petit...... S.I. of police while on duty vide DB G.D entry No.154 dated 22-07-2003 he had a secret information that every day 2 unknown persons used to come through different buses at about 9-30 at night with illegal article wrapped in polythine papers. Accordingly, he along with his accompanying forces lay in..

Category: Criminal Law | Date: | Hits: 104