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Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)

....ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ......eported in: VIII ADC (2011) 434. ......e Tribunal upon hearing the parties by the impugned order dated 8th November, 2009 dismissed the appeal on a ground of limitation holding that the petitioners failed to explain the delay by assigning proper reasons. 3. Sub-section (2) of Section 6 of the Administrative Tribunal Act, 1980 pro­vid......ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ..

Category: Administrative Law | Date: | Hits: 206

Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)

.... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ......ADC (2011) 421. ......ourts below found that the Appellate Court arrived at a correct finding that the plaintiff had been able to prove his posses­sion prior to his dispossession and the date of dispossession in the suit property. The High Court Division has also found that the plaintiff exhibited documentary evi­dence...... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ..

Category: Property Law | Date: | Hits: 79

Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)

....il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......Hossain J Bangladesh repre­sented by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat, Dhaka-1000 .............................................Petitioner Vs. Md. Ataur Rahman and others…………………….Respondents Order March 13, 2011. Lawyers Involved: ......bedience to their judgments and orders. 4. As the Warrant of Precedence has an effect on the public psyche, it should nec­essarily reflect the rank, status and prece­dence of the District Judges properly. So the relative ranking of the functionaries in the table of the Warrant of Precedence is ......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ..

Category: Constitutional Law | Date: | Hits: 441

Md. Nurul Hussain Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, P.S. Motijheel, Dhaka and others, 2011, 40 CLC (AD)

.... deed of con­veyance for formal registration of the property. 9. Accordingly, the plaintiff-petitioner submitted draft deed of conveyance for formal execution and registration but it could not be completed as several organi­zations i.e. B.J.L.C., B.J.M.C., J.T.C., Special Property (Jute) Cell a......Hussain…………………………………………..Petitioner Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, P.S. Motijheel, Dhaka and others ...............Respondents Judgment March 9, 2011. Lawyers Involved: Abdul Wa......he Subordinate Judge Court, Narayanganj in Title Suit No.345 of 1992 dismissing the suit. 2. The facts leading to the filing of this petition for leave to appeal, in short, are: 3. The schedule property as described below known as properties of M/s. Bhajalal Todi and Satyapada Todi, 150/152, B......ral and documentary, and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 410. ..

Category: Property Law | Date: | Hits: 82

Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)

....t takes effect from the date of execution. The object of this section 47 to decide which of two or more registered instruments in respect of the same proper­ty is to have effect. A sale which is not complete until the registration of the document is complete, cannot be said to have been completed e......e Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Alimuzzarnan (Reza) and others..........................Appellants Vs. Md. Masudar Rahman @ Babul and others............egistered is not valid yet once it is registered it takes effect from the date of execution. The object of this section 47 to decide which of two or more registered instruments in respect of the same proper­ty is to have effect. A sale which is not complete until the registration of the document is......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..

Category: Procedural Law | Date: | Hits: 76

State Vs. Kazol, 2011, 40 CLC (HCD)

....€™s role in Taposh’s death. Given the circumstantial evidence as to Kazol’s previous enmity with Taposh as well as the fact of his absconsion in this case from the very beginning, the confessions completed a chain of circumstances for the Tribunal irrefutably linking Kazol and Kazol alone to the......Involved: A.M. Md. Azizul Haque, Advocate-For the Condemner Prisoner/ State Defense Lawyer. Bhishmadev Chakrabortty, Deputy Attorney General with Atiqul Haque (Salim) Assistant Attorney General and Abu Saleh Md. Fazle Rabbi Khan, Assistant Attorney General-For the State. Death Reference No...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 106

Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)

....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ...... Karwan Bazar, Dhaka,……………….Petitioner Vs. Federal Insurance Company Ltd. represented by its Managing Director Chamber Building (2nd Floor) 122-124 Motijheel Commercial Area, Dhaka and another…………………........................Respondents Judgment May 20, 2010. ...... principle of ‘strict liability’ of sureties or guarantors is thus: “It must always be recollected in what manner a surety is bound. You bind him to the letter of his engagement. Beyond the proper interpretation of that engagement you have no hold upon him. He receives no benefit and no co......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ..

Category: Company Law | Date: | Hits: 203

Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)

....of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......ammad Ershad……………. Petitioner Vs. State……………....Opposite Party Judgment January 21, 1992. Cases Referred To- Public Prosecutor, Madras Vs. Chockalingarn Ambalarn and another, 1929 I.C. 274; ldris Howlader and another Vs. State, 38 DLR 233 & 35 DLR 422, AIR 1......been mentioned by Police Officer namely, Bureau of Anti‑Corruption that the money received in his house was Tk. 1,90,81,565.00 and the ex‑president appears to have been in possession of that huge property and it is disproportionate to his known source of income and that he had acquired those ill......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..

Category: Criminal Law | Date: | Hits: 125

Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)

....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......Ebadur Rahman……………….…..Petitioners. Vs. 1. Kuti Miah 2. State..................Opposite Parties Judgment March 13,1991. Cases Referred To- Abdus Salam Master and another Vs. State, 35 DLR 140; Nur Mohammad & others Vs. State, BCR (1987) 244 (9 & 16);......d it is evident that he considered the merit of the case and thereby left nothing for the Magistrate to exercise his independent judicial mind so as to pass appropriate order as he would deem fit and proper. Section 202 of the Code of Criminal Procedure which is relevant for the purpose of determini......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ..

Category: Criminal Law | Date: | Hits: 89

Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)

....three months after the allotment of any of its shares, debentures or debenture stock, and within three months after the registration of the transfer of any such shares, debentures or debenture stock, complete and have ready for delivery the certificates of all shares, the debentures, and the certifi...... is also Reported in: 44 DLR (HCD) (1992) 107. ......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ..

Category: Criminal Law | Date: | Hits: 89

Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)

....ble persons should not be appointed as Trustees in their place and also to direct them to retain the account books, documents and papers of the Trust Estate in their possession and to render full and complete accounts thereof. That in course of the suit, these petitioners filed an application under ......ds vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96.......ut that the provision of rule 3 of Order 15 of the Code of Civil Procedure has laid emphasis on deciding issues of facts and law together in order that all such issues are required to be framed for a proper decision of the suit. He cites the case reported in 30 DLR (SC) 30. It is held in that decisi...... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96...

Category: Procedural Law | Date: | Hits: 62

Abdus (Md) Subhan alias Md Abdus Subahan and another Vs. Abdul Maleque and others, 1991, 20 CLC (HCD)

.... of the records from this Court. Send the LC records at once. 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) 94.......This Case is also Reported in: 44 DLR (HCD) (1992) 94.......eeds sold to the plaintiffs and delivered possession. The plaintiffs initiated their names and paid rents and were in peaceful possession of the suit land. The defendants forcibly trespassed into the property and took away belongings of the plaintiffs on 24.7.83 and since 11.9.83 the defendants are ...... of the records from this Court. Send the LC records at once. 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) 94...

Category: Property Law | Date: | Hits: 72

Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)

....nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......) 83. ......according to the dictation of the police. The police took 34 days to lodge FIR after repeatedly frequenting the place of occurrence and obtaining the confession from the accused appellant and without proper identification of the dead body as that of Shahida submitted the charge sheet. The further ca......nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ..

Category: Criminal Law | Date: | Hits: 110

MM Enterprise Limited Vs. General Certificate Officer, Collectorate Building, Comilla, 1992, 21 CLC (HCD)

.... market condition, Bangladesh Bank issued circular on February 20, 1985 and 23rd March, 1985 to allow cash credit facilities to those who had adjusted at least 80% of the past cash credit limits, but completely ignoring the directives, the Bank delayed sanctioning of the loan amount. The sanction wa...... MM Enterprise Limited, 224, Bara Maghbazar, Dhaka, represented by its Director, Syed Tazammul Hussain……………Petitioner Vs. General Certificate Officer, Collectorate Building, Comilla and another…………….Respondents Judgment December 2, 1992. Lawyers Involved: Abd...... being the claim of Bangladesh Krishi Bank and another sum of Tk. 15,016,50 towards expenses within 30 days from the date of issue of the notice and directing not to transfer any movable or immovable property. After receipt of this notice on 14.11.88 the petitioner submitted a petition before the Ge......low copy of the order. It has been further stated by the petitioner that generally the Bank files civil suit for recovery of its dues; but in this case as they are aware that upon proper scrutiny and adjudication their claim will not stand, they have resorted to certificate proceeding. The Krishi Ba..

Category: Civil Law | Date: | Hits: 99

AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)

.... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386.......……………Opposite Party Judgment August 31, 1992. Cases Referred To- Hoshear Singh Vs. The State, AIR 1988 Punjab 312; Hamdeo Sudhi Vs. The State, AIR 1958 Orissa 20; Superintendent and Remembrancer of Legal Affairs, WB Vs. Mohan Singh & others, AIR 1975 (SC) 1002; Md. Shafiqul...... II of 1947 now pending in the court of Divisional Special Judge, Khulna Division, Khulna for should not be quashed and or pass such other or further order or orders as to this Court may seem fit and proper. Pending disposal of the Rule, all further proceedings of Special Case No.161 of 1984 arising...... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386...

Category: Criminal Law | Date: | Hits: 80

Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)

....be pre‑empted and not from the date of execution or presentation for registration and that the defect of prematurely arising out of filing a case for emption before the registration of the document complete, can be cured if the document is registered during pendency of the pre‑emption proceeding......ioners Vs. Bashiruddin & others................Opposite Parties Judgment November 18, 1991. Cases Referred To- Abdur Rahman vs Mokles Ali, 31 DLR (AD) 118; Lebu Mia Vs. Gonesh Chandra Nath, 34 DLR 220; Abdur Rahman Vs. Baser Ali, 21 DLR 599; 24 DLR (AD) 220; Jatindra Chandra Ur......he order dated 13.8.90 passed by the Assistant Judge, Sadar, Sylhet in Misc. Case No.40 of 1990 should not be set aside or pass such other or further order or orders as to this court may deem fit and proper. 2. Facts necessary for disposal of the Rule are as follows: Opposite party No.1 filed ...... be conceived that pendency of the matter before this court is not a continuation of the original proceeding. In our opinion, it was under the same process of continuation and the matter awaits final adjudication. The learned Subordinate Judge did not adjudicate upon the matter on the merits of the ..

Category: Property Law | Date: | Hits: 89

Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)

....he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ......Present: Mohammad Ismailuddin Sarker J Mohammad Badruzzaman J Fazlul Karim………………….Appellant Vs. Agrani Bank, represented by the Chairman, Board of Directors, Agrani Bank and ors…………………….Respondents Judgment November 3, 1991. Cases Referred To- ......thin 7 days; that the appellant submitted his explanation to the Inquiry Officer denying the charges levelled against him on 15th August, 1981; that the Inquiry Officer submitted a report without any proper enquiry against the appellant in violation of the provisions of the Agrani Bank (Employees) S......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ..

Category: Employment/Service Law | Date: | Hits: 71

Bangladesh Krishi Bank Vs. M/s. Dadajee Ice Plant and Cold storage Ltd. and others, 2010, 39 CLC (HCD)

....alat ought to have decreed the suit as prayed for. Mr. Khaled, finally referring to the impugned judgment and decree passed in Title Suit No.26 of 1992 submits that the subject-matter of this suit is completely distinguishable from the subject-matter of that suit inasmuch as the present suit was fil......e Jurisdiction) Present: Sheikh Abdul Awal M. Moazzam Husain Bangladesh Krishi Bank……........................................................Appellant Vs. M/s. Dadajee Ice Plant and Cold storage Ltd. and others……….........Respondents Judgment May 10, 2010. Lawyer.......2004 (decree signed on 01.6.2004) mainly on three counts that; firstly, the plaintiff-Bank by adducing evidence could not prove that as per terms and conditions of the contracts the machineries were properly supplied to the defendant company by the plaintiff bank for establishment of the Ice Plant ...... Artha Rin Suit No.103 of 2001 is maintained. Let a copy of the judgment along with lower Court’s record be sent down at once. M. Moazzam Husain J.- I agree. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 217

President, Coronation Hall Committee and Deputy Commissioner, Khulna Vs. Executive Committee, Khulna & others, 2011, 40 CLC (HCD)

....ourt Records along with the copies of the judgment to the court below. Communicate the order at once. MA Hye J.-I agree This Case is also Reported in: 63 DLR (2011) 666. ......3 DLR (2011) 666. ......6.2005 of the learned Joint District Judge, 1st Court, Khulna in Title Suit No.49 of 2002 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. Relevant facts for the disposal of this rule, in brief, are that, Khulna Naitto Nikata......ourt Records along with the copies of the judgment to the court below. Communicate the order at once. MA Hye J.-I agree This Case is also Reported in: 63 DLR (2011) 666. ..

Category: Property Law | Date: | Hits: 89

Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)

....le to entrust those functions to the BERC to ensure accordingly and public/private involvement in regulating the energy sector and mere establishment of the BERC does not mean that the Government has completely itself of its sovereign and executive rights and power miner­al resources in that the BE......t Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J Naima Haider J Law Dev (Bangladesh)......................................Petitioner Vs. Bangladesh and another... ................................Respondents Judgment February 24, 2011. Case......009 (Annexure-'D') should not be declared to be with­out lawful authority, void ab initio and of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioner, as set out in the Writ Petition, in short is as follows: ......the BERC in violation of the provisions of Article 129 (4) of the Constitution. Those are very vital ques­tions to be answered either in the affirmative or in title negative for proper and effectual adjudication of the Rule. 46. In the case of Ruhul Quddus, Advocate Vs. Justice MA Aziz reported ..

Category: Employment/Service Law | Date: | Hits: 92