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....alth, represented by the Civil Surgeon Barguna and others……………………………………………………Opposite Parties
Judgment
January 30, 2002.
Result:
The Rule is made absolute.
Cases Referred to-
Abdul Jalil and others Vs. Islamic Bank of Bangladesh Ltd. and othe......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....... any interference by this Court. According to her, the learned Senior Assistant Judge rightly held that the plaintiff had raised a dispute involving two Ministries which could only be resolved in the trial of the Suit. The learned Advocate has submitted that the plaint did disclose a cause of action......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
..
Category: Procedural Law | Date: | Hits: 146
Mohiuddin Ahmed and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ndant Nos.7-9 and they gifted the said land to the defendant No.6 by the registered deed dated 22-4-2004 and the defendant No.6 got the same mutated in his name, created a separate Khatian and then sold the same to the defendant Nos. 1-5 by registered deed and since then the defendant Nos.1-5 are ......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.......the plaint, Judgment and orders of the Courts below, Revisional application, the supplementary affidavit and counter affidavit filed by the respective parties. 12. It appears from the order of the trial Court that upon hearing the application preferred by the defendant petitioners, rejected the s......ase 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)
....2005 (Originally Title Suit No.135 of 2003) decreeing the suit in favour of the plaintiff-landlord, holding that the defendant tenant is a defaulter and, as such, he is liable to be evicted and was also directed the defendant-tenant to vacate the suit premises upon removing all the structures co......্ষ প্রথম পক্ষকে প্রদান করবেন।” the tenant is to pay the rent accordingly and the time fixed in the law (section 18(5) (Ka)) does not require to be called into and in case the tenant fails to pay accordingly, he becomes a defaulter. It is the speci......llowing, as provided under section 18(5) of the Act, 1991, the defendant appellant is not a defaulter as such is not liable to be evicted on such ground. He next submits that the learned Judge of the trial Court was wrong in calculating the rent for the scheduled premises, to be paid by the defendan......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: ..Category: Tenancy Law | Date: | Hits: 190
Mohammad Selim Vs. State, 2012, 41 CLC (AD)
....ing the jail appeal. 2. The prosecution case, in brief, is that the informant’s husband had been living abroad for long 4 years and she along with her daughter Ayesha Akhtar aged 16 years and son Md. Moinuddin alias Suman aged 13 years had been living the place of occurrence as tenant. The c...... 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:......ourt of Sessions Judge, Chittagong where it was numbered as Sessions Case No.01 of 2001. Again the case transferred to the Court of Additional Metropolitan Sessions Judge, First Court, Chittagong for trial. 6. Charge was framed under section 302 of the Penal Code against the condemned prisone......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..Category: Criminal Law | Date: | Hits: 98
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
....d-petitioner admittedly executed bainapatra in favour of the complainant and thereafter suppressing the existence of that bainapatra executed two separate powers of attorney in favour of two other persons in respect of the same land. In this regard, the High Court Division observed that this allegat......h relationship the accused-petitioner got allotment of a piece of land measuring 40 square meters of Section-2, Mirpur, Dhaka, in terms of allotment letter dated 23.04.1996 under a Government Project called “ঢাকা শহর অবকাঠামো উন্নয়ন প্রকল্প...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:...... 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..Category: Criminal Law | Date: | Hits: 90
State Vs. Md. Kamal Uddin alias Pichchi Kamal, 2012, 41 CLC (AD)
....ccused Kamal Uddin was taken on remand in connection with Muradnagar P.S. Case No.7 dated 18.12.98 and during his interrogation on 16.08.2002 at about 11.00/12.00 hours disclosed that he himself kept some illegal Arms at his new homestead before his arrest; that on the aforesaid disclosure the infor......by the police on 17.08.2002 at about 4.15 a.m. in the presence of seizure list witnesses. However, we note that the High Court Division observed that none from the vicinity of the said occurrence was called by the police to witness the search and seizure. The High Court Division also pointed out dis......e said charge was read over, the accused present pleaded not guilty and claimed to be tried. The case record was again transferred, this time to the Court of Judge, Special Tribunal No.6, Comilla for trial. During the course of trial the prosecution examined as many as 17 (seventeen) witnesses cited......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...Category: Criminal Law | Date: | Hits: 119
Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)
....ivil petition for leave to appeal is directed against the judgement and order dated 06.08.2009 passed by a Division Bench of the High Court Division in Writ Petition No.6501 of 2008 making the Rule absolute with a direction to the writ respondents to consider the cases of promotion of the writ petit......submits that the respondent Nos.1-29 as writ petitioners were sent for training by mistake although there was an office order to that effect, and when the mistake was detected the respondents were re-called from training and the same is an administrative decision, but the High Court Division wrongly......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: ...... (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................................Category: Employment/Service Law | Date: | Hits: 222
....l petition for leave to appeal is directed against the judgment and order dated 07.11.2010 passed by a Division Bench of the High Court Division in Civil Revision No.3939 of 2007 in making the Rule absolute.
2. The case of the plaintiffs, in brief, is that admittedly the suit property belonged......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:......3 for declaring the property as Lawarish under section 92Ka of the State Acquisition and Tenancy Act was illegal, without jurisdiction and not binding upon the plaintiff. That suit was decreed by the trial Court but the appellate Court reversed the judgment and dismissed the suit against which the p......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..................................
Category: Property Law | Date: | Hits: 181
....imed them to be co-sharers of the original owner from whom the land was acquired. It is the specific case of the plaintiff that the land in question was acquired for rehabilitation of the refugee and some of the refugees had left the plots uncared and the plaintiffs being co-sharers of the original ......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........W.1 did not adduce any evidence to prove their co-share ship of the original owner of the land and specifying as to who is co-sharer of which owner. No document was submitted before the Court at the trial to show that they were heirs of the original owner. Only they have submitted some application ......
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..
Category: Property Law | Date: | Hits: 118
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
.... receipt of the notice i.e. after 23-7-2006. But in this case the complaint was filed on 6-7-2006. Therefore, the proceeding was initiated before arising cause of action as per Clause (C) of the proviso to section 138 of the Act. 4. The learned Additional Sessions Judge (in charge), after hearing......ssed by the learned Additional Sessions Judge, 2nd Court Cox's Bazar in Sessions Trial 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. ...... in respect of dishonoured cheque is guided by the provision of sections 138 and 141 of the Negotiable Instruments Act. Nowhere in these sections or other sections of this Act is mentioned that joint trial of the transaction of same nature and between same parties is not permissible rather is no pro...... 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: ..Category: Procedural Law | Date: | Hits: 114
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
....bu Bashar (Md.) and others……………………Petitioners Vs. Md. Raja Meah and others……………………Opposite Parties Judgment July 14, 2010. Result: The Rule is made absolute. Case Referred to- Jiban Bima Corporation Vs. Mahibul Majid, 52 DLR 186. Lawyers In...... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ......aid judgment and order, the judgment obtained the present rule by filling the present revisional application. 6. Mr. Fariduddin Khan, the learned Advocates for the petitioners submits that the trial Court passed the order of Civil imprisonment without following the procedure as laid down un...... once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ..Category: Civil Law | Date: | Hits: 166
Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
.... Dr. Md. Rahmat Ali………………………Convict-Appellant Plaintiff Vs. State……………………Opposite party Judgment February 14, 2011. Result: The rule is made absolute. Lawyers Involved: Md. Khalilur Rahman, Advocate - For the Petitioner. Yesmin Begum ......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. ......hnakari Aporadh (Druto Bichar) Ain, 2002. 4. The case was transferred to the Court of the Magistrate, 1st class, Dinajpur and Ain Sringkhata Bighnakari Aporadh (Druto Bichar), Dinajpur for holding trial, who framed charge against the accused petitioner under section 4(1) of Ain Sringkhala Bighnak......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 ..Category: Criminal Law | Date: | Hits: 87
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....dra Nath Mondal………………………Petitioner Vs. Kalipada Mondal and another………………………Opposite Parties Judgment January 11, 2011. Result: The Rule is made absolute. Lawyers Involved: Bivas Chandra Biswas, Advocate - For the Petitioner. PC Guha, wi......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......Eventually the case was taken up for hearing by the learned Senior Assistant Judge, Shyam Nagar, Satkhira where witnesses from each sides were examined in support of their respective cases before the trial Court and upon conclusion of the trial the learned Assistant Judge by his judgment and order d...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Nozrul Islam Chowdhury J Ganendra Nath Mondal………………………Petitioner Vs. Kalipada Mondal and another………………………Opposite Parties Judgment January 11, 2011. Result: ..Category: Property Law | Date: | Hits: 79
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....……………Petitioner Vs. Md. Nurul Islam……………………………………………………………..Opposite Party Judgment June 26, 2002. Result: The Rule is made absolute. Cases Referred to- Basarat Ali Mondal and others Vs. Messem Ali Biswas and another, 6 ......aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......and the petitioner was all along aware of his purchase of the case land. So, alleged knowledge of the transfer from Dilal Ahmed on 1-11‑1970 for first time is false and fictitious. 4. During the trial learned Assistant Judge held that the case is neither barred by limitation nor bad for short d......…………………………………………………………..Opposite Party Judgment June 26, 2002. Result: The Rule is made absolute. Cases Referred to- Basarat Ali Mondal and others Vs. Messem Ali Biswas and another, 6 DLR 589; Saroop Singh Vs. Narsingh and others, AIR 1..Category: Property Law | Date: | Hits: 132
....idge and the construction of superstructure of Daratana Bridge. Work orders for the above works have been issued on 10‑2‑2000, 15‑2-2000, 14‑11‑1999 and 7-6-2000 respectively and cost of some of the works is about Taka 80 crore. The work orders have been annexed as Annexures B, B(3) to......g huge number of gunny and poly bags filled with sand/sandcement.
4. After the flood the Roads and Highways Department ordered an investigation by consultants ie Bangladesh Consultants Ltd, and called for a report. A committee was appointed on 10‑10‑1999 and the Consultants submitted rep......l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
......sent:
MA Aziz J
Md. Shamsul Huq J
Al-Amin Construction Co. Ltd..........................................................Petitioner
Vs.
Government of the People's Republic of Bangladesh and others……………Respondents
Judgment
May 10, 2001.
Result:
The Rule is dispo..
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
.... Bogra. 2. It is stated in the application that respondent No.1 is a private limited company, Petitioner No.1 and respondent Nos.2 and 3 were the subscribers to the Memorandum and Articles of Association of the Company along with others who have since ceased to be the members of the Company ex......general meetings of the Company. Mr. Mahmood submits that this application is maintainable as the petitioners are praying for deleting the names of respondent Nos.2, 3 and 4 with regard to their so‑called enhanced 1,51,000 shares. I find force in the above contention of Mr. Mahmood. It appears to ......lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ...... This Case is also Reported in: 44 DLR (HCD) (1992) 371. ..Category: Company Law | Date: | Hits: 225
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....spect of the petitioner Dr. M. B. Rahman bearing I.R. No.7633/TC-VI. 2. Shortly stated the facts of the case are that the petitioner who is an income-tax assessee and a retired Government official sold his land with some structures at Banani Model Town and applied for gain tax clearance certifi...... Dhaka for effecting sale of the said property. He made it clear that he was going to invest the entire sale proceeds in an industrial undertaking which was in the process of being set up. It will be called Alam Industries Ltd. As such the petitioner will get exemption from payment of gain tax under......he Deputy Commissioner of Taxes, Taxes Circle-VI, Dhaka (South) Zone, Dhaka for effecting sale of the said property. He made it clear that he was going to invest the entire sale proceeds in an industrial undertaking which was in the process of being set up. It will be called Alam Industries Ltd. A......R (SC) 200, Lt. Col.; Nawabzada Muhammad Amir Khan Vs. the Controller of Estate Duty, 13 DLR (HC) 105; Mritunjoy Paul Vs. Province of East Pakistan, 14 DLR (Dhaka) 568; Re Lala Lachhtnan Dass Nayar and others, 22 I.T.R. 418; Abdur Rahim Chowdhury Vs. Excess Profits Tax Officer, Companies Circle-I,..Category: Fiscal/Taxation Law | Date: | Hits: 170
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....e a decision to do the business of N.O.C.-visa. Accused subsequently said in Qatar that he had arranged for one N.O.C. permit and to complete formalities of the permit he wanted to have a loan of some money from the complainant but the complainant expressed his inability. The cunning accused o......ed I remained absconding, the Chief Metropolitan Magistrate asked the sureties to produce him in Court within 21.04.1985. But on 18.04.85 the Sessions Judge, Chittagong stayed further proceedings and called for the record in Criminal Motion No.261/85. 6. In the petition before this Court the case......s and called for the record in Criminal Motion No.261/85. 6. In the petition before this Court the case for the defence has not been stated. It appears that while filing a petition for bail in the trial Court it was stated on behalf of the accused that the accused has been falsely implicated in t......tioner Vs. Ansarul Huq Ansari & others.........................Opposite-Parties Judgment May 14, 1986. Result: The Rule is discharged. Cases Referred to- Nasiruddin Mahmud and others Vs. Momtazuddin Ahmed and another, 36 DLR (AD) 14; Bhuban Mohan Das Vs. Surendra Mohan Da..Category: Criminal Law | Date: | Hits: 362
Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)
....…………………………………Petitioners Vs. Abdul Hakim Maser and others…………………….Opposite-Parties Judgment September 14, 1986. Result: The rule is made absolute. Lawyers Involved: M.A. Kader Chowdhury, Advocate - For the Petitioner. Nikhilesh Du......cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......udgment and order dated 12.08.1969 allowed the appeal, set aside the judgment and decree of the learned Subordinate Judge, dated 31.01.1967 and sent the case back on remand to the Title Court for retrial with certain observations. Against the order of remand dated 12.08.1969 the plaintiff filed S.......Comillah Bench) (Civil Revisional Jurisdiction) Present: Nurul Huque Bhuiyan J Rehanuddin & others………………………………………Petitioners Vs. Abdul Hakim Maser and others…………………….Opposite-Parties Judgment September 14, 1986. Result: ..Category: Procedural Law | Date: | Hits: 106
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
............Respondent Judgment April 28, 2010. Result: The appeal is dismissed. Cases Referred to- Hazrat Ali Vs. Election Commission, 41 DLR 486; Darbari Lal Mudi Vs. Raneeganj Coal Association Ltd., AIR (31) 1944 (Patna) 30; Waverly Jute Mills Co. Ltd. Vs. Raymon and Company India (......urisdiction of the Arbitrator so the point, in the instant appeal, for determination is whether the appointment of the sole Arbitrator under section 12 of the Act by the learned District Judge can be called in question after the award is passed upon hearing the parties, without any objection on such...... Ventura Industries Ltd, 45 DLR (AD) 183; Adamjee Sons Ltd Vs. Jibon Bima Corporation, 45 DLR 89; Pakistan Trading Company Vs. MM Ispahani Ltd., 11 DLR 405; Ocean Industries Ltd. and another Vs. Industrial Development Bank, 18 DLR (SC) 354; Pathumma Vs. Kuntaklan Kutty, AIR 1981 (SC) 1683; Pakistan ......eported in: 63 DLR (HCD) (2011) 432. ..Category: Alternative Dispute Resolution | Date: | Hits: 251
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