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Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....ff instituted the suit against the appellants and another for a decree of partition of the suit land described in schedule-I for a separate share of his purchased 6 Gondas of land (12 decimals) and also for a proportionate share of the excess land in schedule I. Same date he made and moved an applic......22-1-2002 granting injunction is set aside and the application of the plaintiff dated 29-8-2001 is rejected. 22. In view of the above decision, the connected Rule is discharged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit.......nd floor were already complete. Materials namely, MS rod, sand, cement, wood, etc. of the value of more than 15 lakh were lying in the site and if the work was suspended they would suffer irreparable loss and injury. They also wanted to continue the construction at their risk and responsibility on c..Category: Property Law | Date: | Hits: 33
Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)
....ments Act, is set aside. The learned Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ......oque Chowdhury, Assistant Attorney-General — For the Opposite Parties. Criminal Miscellaneous Case No. 4958 of 1999. Judgment Md. Hamidul Haque J. - By this Rule the opposite parties were called upon to show cause as to why the proceedings of CR Case No. 25/99-50(1)/99, pending in the Co......d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ..Category: Criminal Law | Date: | Hits: 28
.... 42 DLR (AD) 110; Motasim Ali Chowdhury Vs. Md. Ismail, 4 BLC (AD) 98; Shahiman Bewa Vs. Shafiduddin Ahmed and others, 1986 BLD 58=38 DLR 265; Pakistan National Shipping Corporation and another Vs. Resources International and others, 1 BLC (AD) 174; Amritlal N Shah Vs. Alla Annapuranamma, AIR 1959 A......gality, nor such decision has resulted in failure of justice.
31. In the result, the Rule is discharged without, however, any order as to costs. Order of stay granted on 13‑11‑2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance wit...... another Vs. Muhammad Shamsul Islam Chowdhury, 13 DLR (SC) 228 in a suit for a decree of declaration against order of discharge from service, injunction to reinstate into service, for damages for the loss due to discharge etc, the Supreme Court of Pakistan held the prayer for amendment to add furthe..
Category: Procedural Law | Date: | Hits: 60
Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....26-8-86 passed by the learned Sessions Judge Perojpur on Sessions Case No. 21 of 1986 convicting the appellants under sections 304/34 of the Penal Code and sentencing each of the suffer rigorous imprisonment (RI) for 5(five) years and to pay a fine of Taka 300 in default to suffer simple imprisonmen......e does not remember whether he told to daroga that Shaymol’s mother told him that the cowherd of the buffaloes beat Shaymol. 14. PW 5 Yakub Ali a quack doctor has stated in his chief that he was called for treatment of Shaymol on Saturday but he did not give any medicine to him as he could not ...... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502...Category: Criminal Law | Date: | Hits: 30
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....azrat Baku Shah Hawkers Market Somabaya Samity in reference, in compliance to an order given by the then President and CMLA. The allotment of the Municipal Corporation was cancelled in the year 1995, so far related to 4.546 acres of land but not in respect of 1.68 acres of land. It appears from the ......m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......stion of prime khas land of the Government situated in the heart of the city sought to be allotted to the Samabaya Samity for a long term without following the Nitimala for lease of such land and the loss caused to the public exchequer. 5. While Mr. M.K. Rahman, the learned Additional Attorney Ge..Category: Property Law | Date: | Hits: 28
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....hatian No. 3 originally belonged to Ramgoti Nomo. Thereafter, upon an amicable family settlement Girish Chandra Nomo got .32 acres of land in Dag No.235. Girish Chandra died leaving behind his only son Nogendra Nomo as his only heir who got the said property and S.A. record was prepared in his nam......s totally failed to prove any offer, acceptance and passing of any consideration. The learned Advocate further submitted that admittedly there is no written contract/agreement for sale and the so-called oral agreement could not be proved by the plaintiff by producing independent witnesses and th......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707...Category: Property Law | Date: | Hits: 42
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
.... Title Suit No. 188 of 1985 were instituted on 27-9-83 and 18.4.85 respectively. Both the suits were decreed by the learned Munsif by separate judgments on 30.8.86, but the learned District Judge also in separate judgments dated 26.2.87 allowed the appeals and dismissed the suits. 2. Both the p......ce of the services essential to the life of the community, and who had in a bid to do so take necessary steps against those elements. It was a demand of necessity at the time and as such it cannot be called a mala fide step to terminate their services according to law. 18. From the above discu......he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94...Category: Employment/Service Law | Date: | Hits: 76
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
.... “Whether on the facts and in the circumstances of the case the learned Taxes Appellate Tribunal Single Bench, Dhaka was justified in its direction to admit the appeal for assessment year 1992-93 insofar as the assessee did not comply with the provisions of section 153(3)(a) of the IT Ordinance, 1......n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ......he assessee respondent being aggrieved by the assessment order preferred an appeal before the Appellate Additional Commissioner of Taxes questioning the disallowances on various heads from profit and loss account. The appellate Additional Commissioner of Taxes rejected the appeal on the ground that ..Category: Fiscal/Taxation Law | Date: | Hits: 55
Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)
....t Sessions Judge, Magura in Sessions Case No. 16 of 1999 convicting the four appellants and another co-accused under sections 385/387 of the Penal Code and sentencing them thereunder to rigorous imprisonment for 7 years and to pay a fine of Taka 1,000 each, in default, to suffer rigorous imprisonmen...... sentencing the accused appellants. Findings and decision: To appreciate the contentions of the learned Advocates of the contending parties and to arrive at a proper decision in the case we are called upon to scrutinise the material evidence on record. 13. Informant Md. Shariful Islam depos....... The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464...Category: Criminal Law | Date: | Hits: 28
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....t No.1, a loan of Taka 8.00 lac was allowed in its favour by the plaintiff which was subsequently enhanced to Taka 11.00 lac by the sanction letter dated 15-3-1986. The defendant No.1 although repaid some amounts of money towards liquidation of its loan liabilities from time to time but since 24-6-1......without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......by limitation and also barred by waiver estoppel and acquiescence, etc. Although in its written statement, the defendant No. 1 admitted the loan but made a counter-claim of Taka 17,71,100 towards his loss of wheat pledged with the bank, yearly rentals of the godown and interest in its written statem..Category: Civil Law | Date: | Hits: 79
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
....avour of the plaintiff Nos. 1 and 2 to effect a deed of exchange and the said power of Attorney was duly registered in the office of a Magistrate, 1st Class, Udaypur, Tripura on 24-5-1963 which was also duly restamped in the then Pakistan and the parties to the said exchange got possession of their ......aintain a suit for declaratory decree under section 42 of the Specific Relief Act the plaintiffs must have clear title to the suit property and no suit can be filed or maintained on the basis of a so called power of attorney executed in India without being by the then Embassy of Pakistan. Mr. Shahid...... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440...Category: Property Law | Date: | Hits: 23
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....d in their attempt to cripple the petitioner Company inasmuch as they obtained a Rule and stay against order dated 21-5-2001 the respondents are bent upon the petitioner and with malafide intention resorted to the provision of section 13(3) of the Customs Act, 1969 and issued a show cause notice as ......he non-cooperation of the petitioner Company as they are not filing any reply to the show cause notice, though by an application they have applied for time for filing certain documents which has been called for by the respondent. The learned Deputy Attorney-General further submits that from Annexure......ion of creating impediment for the petitioner Company in getting the goods released to carry on their lawful trade and thereby frustrating the entire business of the Company by causing huge financial loss and the said action of the respondents are both malice in law and malice in fact and, therefore..Category: Fiscal/Taxation Law | Date: | Hits: 63
Ferdousi Islam Vs. Nur Mohammad Kha and others, 2000, 29 CLC (HCD)
....d opposite parties stating, inter alia, that on 14-1-1996 at 8-00 PM her husband, Md. Rafiqul Islam, went to a brick field at night after taking meal assuring the informant that he would return after some time. But he did not return on that night and therefore on the following morning she had been t...... 265C of the Code inasmuch as he did not consider the record of the case or the documents sent therewith and passed the order on extraneous matters. The further submission is that though a report was called for by the learned Judge, but before the receipt of the report the impugned order has been pa...... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418...Category: Criminal Law | Date: | Hits: 33
Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)
....de of Civil Procedure with a copy to the other side for withdrawal of the suit with liberty to sue afresh on the self-same subject matter contending, inter alia, that through mistake and inadvertence some formal defects took place in the petition by reason of which the petitioner will not be able to......hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416.......ncerely regrets for the mistake done by him and unless he is permitted to withdraw this Civil Revision with permission to sue afresh in respect of the same cause of action he shall suffer irreparable loss and injury. 8. Mr. SN Goswami however, submits that for the negligence and carelessness of t..Category: Procedural Law | Date: | Hits: 83
....rent religious functions and assemblies are held in that Darbarsharif on different occasions.
Lastly, Ashekey Rasul Shammelon was scheduled to be held on 3-12-99 but due to terrorist activities of some of the local miscreants, the Shammelon could not be held and subsequently a police camp was est......any direction in accordance with law in case of holding of any big congregation.
With the observations made above the rule is disposed of.
Ed.
This Case is also Reported in: 54 DLR (2002) 413....... two groups. So, it is admitted that there was a clash between the two groups of people and it is also clearly mentioned in the affidavit-in-opposition that several lives were lost in that clash. The loss of lives shows that situation was very grave and the law enforcing agencies had no alternative ..
Category: Property Law | Date: | Hits: 25
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....amidul Haque J.- This Rule was issued calling upon the respondents to show cause as to why the detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful ......e D) of the supplementary affidavit. At first it is mentioned that the workers and supporters of the detenu assembled in his house at night to prepare plans and strategy in connection with the hartal called by Bangladesh Awami League on 2-12-2001. Next, it is mentioned that during hartal of that day......ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405...Category: Criminal Law | Date: | Hits: 60
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....6-6-2000 passed by the learned Additional District Judge, First Kishoregonj, in Title Suit No. 3 of 1999 allowing the application of the plaintiff respondent under Order XXXIX rules 1 and 2 CPC and also rejecting the application of the defendant filed under Order VII rule 11 CPC. 2. The plaintiff......ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394.......injunction will only consider whether petitioner has a prima facie case, whether the balance of convenience inconvenience is in favour of the petitioner whether the petitioner will suffer irreparable loss and injury if injunction is not granted. 25. Further, in the case of AR Gonga Dhara and Co. ..Category: Intellectual Property Law | Date: | Hits: 200
Abul Member and Abul Hussain Vs. Secretary, Ministry of Home Affairs and others, 2002, 31 CLC (HCD)
....ahman Khan, learned Assistant Attorney-General opposes the Rule contending, inter alia, that the detenu, is a professional Mastan, an enlisted terrorist, notorious extortionist and one of the close associates and anti accomplices of a notorious terrorist group called ‘Nadim Group’ who created a ......le contending, inter alia, that the detenu, is a professional Mastan, an enlisted terrorist, notorious extortionist and one of the close associates and anti accomplices of a notorious terrorist group called ‘Nadim Group’ who created a reign of terror in Kamrangirchar Police Station and other pla......tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392...Category: Criminal Law | Date: | Hits: 22
....d. Abdul Matin J. - This appeal has been filed against the judgment and order dated 29.03.2005 passed by a Division Bench of the High Court Division in Writ Petition No.1911 of 2004 making the Rule absolute. The writ petition was filed impugning the Memo. No.998(8) dated September 16, 2003 (Annexure......rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 497.......tant teacher for teaching English, that the school is a non-government recognized school run by Defence personnel and there is a constitution of their own, that on the allegation of causing financial loss to the school the writ-petitioner was placed under suspension with effect from September 1, 200..
Category: Employment/Service Law | Date: | Hits: 133
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
....nal Sessions Judge, First Court in-charge, Bakerganj in Sessions Case No. 120 of 1982 convicting all the five appellants under section 396 of the Penal Code and sentencing each of them to suffer imprisonment for life. Both the appeals are disposed of by this judgment. 2. Accused-appellant No. 1 Z......o. 761 of 1970 against his father. But we find from the statement of Helal made under section 342 Cr.P.C. that he filed some documents in support of the above. This Court by an order dated 7‑6‑90 called for those papers from the trial Court and those documents were sent by the trial Court to thi...... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ..Category: Criminal Law | Date: | Hits: 35
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