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Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)
....akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ......akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ......vil) Present: Shahidul Islam J Md. Altab Hosen and others……………………………..Defendants-Petitioners Vs. Md. Muhammad Ali and others…………………………….Plaintiff-Opposite Parties Judgment December 4, 2005. Result: The Rule is made absolute. ......stration No.36. As per law a 11 (eleven) members managing committee was framed. The term of the committee was expired on 17.12.2003. Before expiry of the period of said the committee the committee in question was framed as per law. That committee was duly approved. The plaintiff without getting any ..Category: Civil Law | Date: | Hits: 107
Md. Abul Mollah and another Vs. State, 2006, 35 CLC (HCD)
....earned Assistant Attorney General appearing on behalf of the respondent opposes the appeal and submits that the alleged adulterate hair oil and cosmetics were recovered from the exclusive control and possession of the appellants who were the tenant of Ramij Mia. So the learned Judge of the trial Cou......l bond. 27. Send down the lower Courts record at once with a copy of the Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 184. ......rd at once with a copy of the Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 184. ......l bond. 27. Send down the lower Courts record at once with a copy of the Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 184. ..Category: Criminal Law | Date: | Hits: 71
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....ged by a judgment and order dated 17.08.2005 by the concerned bench of the High Court Division. In the aforesaid judgment dated 17.08.2005 it has been recorded that, "both the parties claimed their possession. Whether the complainant party or the accused-petitioners are in possession of the case......2000 against the accused petitioners under section 447/323/382/386/506 of the Penal Code, before the Magistrate, 1st Class, Chakaria, alleging, inter alia, that the complainant is enjoying the case land peacefully by producing salt by employing cultivators. On 20.04.2003, the accused persons along...... Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......claiming possession and ownership in the case land and the learned Additional District Judge having found title and possession of the accused-petitioners in the case land, it is imperative that the question of possession is to be decided by the civil Court first, so that the accused is not preju..Category: Criminal Law | Date: | Hits: 54
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......annexures including the cited decisions to the best of our ability. Now, to deal with the contentions raised by the learned Advocate before us it would be convenient for us to decide first of all the question of maintainability of the Revisional application against an interlocutory order passed by t..Category: Civil Law | Date: | Hits: 129
Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)
....-sharer to the case jote and as such the petitioners presence are necessary for an affective adjudication of the partition suit. 6. Since the petitioners claiming their Subsisting right, title and possession in the suit land by showing two registered deeds dated 03.06.68 and 13.06.81 and therefor......ed 30.05.99 and other materials on record as annexed with the revisional application and submits that the plaintiff opposite parties instituted partition suit No.12 of 84 for partitioning of the case land as described in the schedule of the plaint which was dismissed on contest and against which the....... Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......to have been joined either as plaintiff or as defendant and whose presence before the Court is necessary in order to enable the Court effectually and completely to adjudicate upon and settled all the questions involved in the suit, be added as party either a plaintiff or as defendant. 7. Be that ..Category: Property Law | Date: | Hits: 96
Ejlash Mia Vs. State, 2010, 39 CLC (HCD)
....etitioner and the conviction and sentence in question against the accused-petitioner amounts to abuse of the process of the Court and that no arms and ammunitions as alleged have been seized from the possession of the accused-petitioner and that the instant case has been hatched up against the accus......tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ...... Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ......S.M. Abdur Rouf, the learned Advocate appearing for the petitioner submits "that the instant case is absolutely a case of no evidence against the accused-petitioner and the conviction and sentence in question against the accused-petitioner amounts to abuse of the process of the Court and that no arm..Category: Criminal Law | Date: | Hits: 90
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......ma at the helm. Consequently, the Shanti Bahini, an armed wing of the PCJSS was formed on 7 January 1973 that, after the assassination of Prime Minister Sheikh Mujibur Rahman in August 1975 became a clandestine organization engaged in armed insurgency against the Government. 13. This Court notes ......rit Petition No.6451 of 2007) Vs. Bangladesh and Others…………………………………Respondents (In both the Writ Petitions) Judgment April 12, 13, 2010. Result: The Rule in Writ Petition No.2669 of 2000 is made absolute in part. The Rule in Writ Petition No.6451 of ......h Writ Petition No.6451 of 2007. Judgment Syed Refaat Ahmed J.- These two Writ Petitions under Article 102 of the Constitution are premised upon the same and/or similar facts giving rise to questions and issues necessitating their disposal by one Judgment. In that view of the matter, both ..Category: Constitutional Law | Date: | Hits: 314
Jewel Vs. State, 2005, 34 CLC (HCD)
....5. The defence case as it appears-from the trend of cross-examination of the prosecution witnesses is that of innocence and false implication, and no bomb was recovered from the exclusive control and possession of them. 6. In course of trial the prosecution produced seven witnesses of whom live w....... 1908 and he is acquitted of the charge. Send down the lower Court's records at once with a copy of the Judgment for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 310. ......end down the lower Court's records at once with a copy of the Judgment for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 310. ....... 1908 and he is acquitted of the charge. Send down the lower Court's records at once with a copy of the Judgment for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 310. ..Category: Criminal Law | Date: | Hits: 85
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
.... evidence. 6. The defence case as it transpires from the trend of cross examination and the suggestions put to the witnesses of prosecution is that the arms were not recovered from his control and possession and he was falsely implicated in this case. The further defence case is that the petition......al justice that nothing in the Criminal procedure Code does so limit or affects its inherent power. 17. It is to be remembered that the Courts exist not only for securing obedience's to the law of land but also for securing the ends of justice in its widest sense. Inherent power of the High Court......scharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......e facts alleged in the FIR do not constitute any offence. The only stand taken is that there is no evidence against the petitioner to sustain convict and sentence so awarded upon him. 13. The only question that survives for determination in this rule is whether the inherent power under section ..Category: Criminal Law | Date: | Hits: 99
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
...., District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ......Baul Karim Herai (55), (3) Md. Latib Ali (30), (4) Md. Anwar Ali (35) and (5) Idrish Ali (42) entered into the house of the informant by force and demanded Tk. 6,00,000/- for exchange of their forged land property. On 20.4.2007 at 12:00, accused Md. Anwar Ali and Md. Latib Ali threatened the com...... Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ......, District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ..Category: Criminal Law | Date: | Hits: 84
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
....ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ...... the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ...... none to constitute Arbitration Council under the provisions of Muslim Family Laws Ordinance, 1961 on 20-4‑1988. As there is no evidence on this/point of fact, I find no reason to decide this legal question in the instant case. 5. As regards the sentence of fine imposed by the appellate Court, ..Category: Procedural Law | Date: | Hits: 105
Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)
....been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ......been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ......he Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ....... 7. In the case of Moulana Md. Yusuf Vs. The State reported in 18 BLD (AD) 227 = 3 BLC (AD) 171, the Appellate Division observed that the respondent Dr. Ahmed Sharif was certainly at liberty to question the authority of the Magistrate about taking of cognizance of the offences alleged; but bef..Category: Criminal Law | Date: | Hits: 99
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....deration of Taka 22,000.00 and a Bainapatra was executed on 02.4.1979 upon which the said seller Raja Kha obtained baina money of Taka 17,000.00 out of the consideration money and handed over the possession of the suit property to the plaintiff since the plaintiff was a sitting tenant in the sui......erty hence the suit. 3. The defendant No.1 Raja Kha contested the suit by filing written statement denying all the material allegations brought in the plaint contending inter alia, that the suit land along with the structures standing thereon has been sold by Raza Kha at a consideration of Tk. ......orted in: 16 MLR (HCD) (2011) 470. ......on and the plaintiff committed to pay the rent to the defendant No.3, father of the new purchasers. The defendant No.1 Raja Kha never executed any Bianapatra in favour of the plaintiff and as such no question of any demand of any enhanced price from the plaintiff arise at all and therefore the suit ..Category: Property Law | Date: | Hits: 119
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
.....2009 as well the deed dated 15.4.2010 on the ground of fraud. From the record it appears that the executing Court by order dated 30.9.2009 directed the parties to maintain status quo in respect of possession. 8. The opposite party No.1 submitted an application on 15.10.2009 in Miscellaneous Ca......aside and or such other or further order or orders passed as to this Court may deem fit and proper. 2. This Court directed the parties to maintain status quo in respect of possession of the suit land for a period of 3 months from date. That period of statuesque has been extended subsequently...... deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ......ated 30.9.2009 directed the parties to maintain status quo in respect of possession. 8. The opposite party No.1 submitted an application on 15.10.2009 in Miscellaneous Case No. 17 of 2009 upon the question of maintainability of the application made under Order 21 Rule 90 of the Code of Civil Proc..Category: Civil Law | Date: | Hits: 112
Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ......ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ......ut without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ......ion No.3392 of 2009. And Writ Petition No.6235 of 2009. Judgment Md. Delwar Hossain J. - These 2(two) Rules Nisi are taken up together to be disposed of by this single judgment as common question of law and similar facts are involved. 2. In Writ Petition No.3392 of 2009 the petitione..Category: Civil Law | Date: | Hits: 130
Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....he Banking Companies Act, 1991, which kept his door open for re-election after three years. The accused-petitioner as Company Secretary in connivance with the other accused kept the said MoU in their possession wherein there was an understanding within the Directors about the rotation of Directors......the Bank due to operation of law, which is now defunct, and to sign a MoU with regard to rotation of becoming Directors also seems to as contrary to the provisions of the Companies Act, 1991. Such a clandestine understanding by-passing AGM, as has been claimed by the complainant-opposite-party No.2,...... a copy of this Judgment and Order be transmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......ne at the instance of either the instant accused-petitioner, or at the instance of any other accused of the said complaint case. As the MoU has remained totally in abeyance of any use, so there is no question of anyone taking any advantage through its use. The MoU has never been disclosed. He presse..Category: Criminal Law | Date: | Hits: 100
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ...... Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......accused petitioner AKM Fayekuzzaman in a easy way fraudulent converting the blank cheque. 14. Mr. Habibur Rahman, the learned Advocate for the accused petitioner AKM Fayekuzzaman in reply to the question of settlement of the matter of section 138 of the Negotiable Instruments Act by the High Co..Category: Criminal Law | Date: | Hits: 99
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
....ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ...... The facts leading to the issuance of the Rule, in brief, are: The petitioner, Eddystone Broadcast, is a company incorporated under the Companies Act, 1985 with the Registrar of Companies for England and Wales. The petitioner entered into a commercial agency agreement with ASBL International Di......he findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ......l, Canada failed to provide performance security required by Regulation 36 (2) of the PPR, 2003, the petitioner as the next lowest evaluated tenderer is legally entitled to be awarded the contract in question. 21. It is contended on behalf of Respondent Nos.2 and 3 that the Review Panel gave deci..Category: Others | Date: | Hits: 127
Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)
....nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ......er case that Muslim Law of inheritance has no manner of application and it is governed by the service rules and regulations of the society. Learned Joint District judge in respect of 'Gha' schedule land held that in this money also Muslim law of inheritance will apply. It is our considered view th......m, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ......nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ..Category: Civil Law | Date: | Hits: 136
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....tal 160 gold bars of 1600 tolas worth Taka 1,28,00,000.00 were recovered and were seized under a proper seizure list. This passenger co‑accused Sajid Hossain could not show any paper to justify the possession of the said gold. He brought the said gold into Bangladesh for the purpose of smuggling a......, Inspector of Customs was on duty in transit lounge area, Zia International Airport on 10‑9‑91 at about 1‑30 hours and at that time Bangladesh Biman flight No.BG 081 arrived from Singapore and landed at the Airport. Passengers came down from the aircraft and when entering into terminal buildi......ppellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ......he signature of the accused Sajid Hossain is Ext.9/6‑7. In cross‑examination on behalf of the co‑accused Sajid Hossain he stated that accused Sajid Hossain signed in English and he asked him question both in English and Urdu. He further stated that he can understand Urdu quite well and can ..Category: Criminal Law | Date: | Hits: 100
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