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Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)
....s. Civil Revision No. 645 of 1999. Judgment Syed AB Mahmudul Huq J.- This rule was issued on 02.03.99 calling upon the opposite parties No.1-7 to show cause as to why the Judgment and decree dated 18.10.98 passed by the Additional District Judge, 2nd Court, Dhaka, in Title Appeal No.43 of 9...... favour of the plaintiffs and allowed the appeal, and decreed the suit in favour of the plaintiffs, and there occurred no mis-reading of evidence, exhibits and law and there is no error of law in the decision of the appellate Judgment and decree. 10. Heard the learned Advocate of the parties peru..Category: Procedural Law | Date: | Hits: 97
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....sues in favour of plaintiff but decided fourth and fifth Issues against Plaintiff. In deciding fourth and fifth Issues against Plaintiff learned Trial Judge dismissed the suit. Judgment and decree is dated 21.12.1986. 10. Plaintiff could not reconcile to above Judgment and decree and sought setti......f Plaintiff, Courts below committed an error of law in failing to hold that Plaintiff is the daughter of Kala Chand Basak, and plaintiff as such, is entitled to a decree prayed for in the suit and by decisions of Courts below a failure of justice has been occasioned. II. Plaintiff-Petitioner havi..Category: Procedural Law | Date: | Hits: 108
....oms authority of Jessore with regard to payment of Capacity Tax for the period 4‑7‑1985 to 8‑11‑1986, that is, the period in between the submission of application to the Customs authority and date of accord of permission for the reduction of seats. The said permission was ultimately accorded......en and lastly, he invoked the principles of Audi Alterum Partem that is to say natural justice in matter of fixing the financial burden of the petitioner. The learned Counsel placed his reliance in a decision reported in 21 DLR (SC) 225 a case under Article 98 of 1962 Constitution of Pakistan which ..
Category: Fiscal/Taxation Law | Date: | Hits: 278
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....m, Advocate ‑ For the Opposite Party. Civil Revision No.3159 of 1993. Judgment Abu Sayeed Ahammed J.- This Rule is directed at the instance of the plaintiff against the Judgment and decree dated 13‑7‑1993 passed by the Subordinate Judge, Natore, in Title Appeal No.120 of 1991 allowing......ot contain the condition of reconvey the transfer cannot be said to be usufructuary mortgage and it does not come within the ambit of section 95 of the State Acquisition and Tenancy Act, but the said decision has been over‑ruled by the Appellate Division in the case of Bangladesh Vs. Haji Abdul Ga..Category: Property Law | Date: | Hits: 117
M/s. Mamun Poultry Complex Vs. Government of Bangladesh & Others, 2006, 35 CLC (HCD)
....e – For the Respondents. Writ Petition No.6884 of 2006. Judgment Mamnoon Rahman J.- Under the Constitution of Peoples Republic of Bangladesh the petitioner has challenged the impugned memo dated 31.05.2006 issued by the Respondents directing the petitioner to pay the principle amount in 2......ation of the impugned memo dated 31-05-06 as evident in Annexure-D be stayed. With this observation the application is disposed of. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 56. ..Category: Others | Date: | Hits: 125
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
.... 2005. Judgment ATM Fazle Kabir J.- This Rule Nisi was issued at the instance of sole petitioner Md. Zulfikar Mahmud calling upon the respondents to show cause as to why the order of suspension dated 10.06.2004 as in Annexure-A and the notice dated 21.03.2005 to show cause as in Annexure 'B' s...... issued by the Registrar-in-charge of the National University who is not the competent authority as such the impugned orders so passed by him are without jurisdiction. The learned Advocate referred a decision in the case of Registrar, Supreme Court of Bangladesh Vs. Md. Sofiuddin and another reporte..Category: Employment/Service Law | Date: | Hits: 165
Abdul Gani alias Ganya Vs. State, 2006, 35 CLC (HCD)
.... Criminal Appeal No.1 of 1999. Judgment Md. Ali Asgar Khan J.- This appeal by the convict appellant Abdul Gani alias Ganya is directed against the Judgment and order of conviction and sentence dated 30.11.1998, passed by the learned Judge of Special Tribunal No.3, Lakshmipur convicting the co......he purpose of continuing of period of sentence as provided under Section 35A of the Code of Criminal Procedure which is retrospective and not prospective and in support of his contention he cited the decision reported in 25 BLD 646. In the instant case though there are some, contradictions in the ev..Category: Criminal Law | Date: | Hits: 102
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
....ccused Raisuddin, Amanullah, Morshed, Samar, Mowla, Shahid, Makbul, Manik, Islam and Ramijuddin also filed an appeal being Criminal Appeal No.1011 of 1992 against the order of conviction and sentence dated 13‑7‑92 passed by the learned Sessions Judge. Accused Samar, Morshed, Raisuddin and Amanul...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ..Category: Criminal Law | Date: | Hits: 104
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
....Advocates ‑ For the Petitioner. Md. Nawab Ali, Advocate ‑ For opposite Parties. Civil Revision No. 4584 of 1995. Judgment Syed Amirul Islam J.- This Rule is directed against the order dated 12‑8‑95 passed by the learned Subordinate Judge, 4th Court, Dhaka, in Title Suit No.89 of ......se statements being necessary for the purpose of determining the real question in controversy between the parties, the learned Subordinate Judge committed an error of law resulting in an error in the decision occasioning failure of justice in rejecting the application for amendment of the written st..Category: Procedural Law | Date: | Hits: 118
....i Ebadul Hoque J.- This Rule was issued at the instance of the petitioners Adamjee Jute Mills and its Deputy General Manager calling upon the respondents to show cause as to why Judgment and decision dated 4‑9‑95 passed by the respondent No.1 in Complaint Case No.19/1993 should not be declared t......nt
Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioners Adamjee Jute Mills and its Deputy General Manager calling upon the respondents to show cause as to why Judgment and decision dated 4‑9‑95 passed by the respondent No.1 in Complaint Case No.19/1993 should not be d..
Category: Labour and Industrial Law | Date: | Hits: 156
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....92 on preparation of paper books. The appeal was set down for hearing on 17‑8‑1992. To utter misfortune of complainant-appellant the appeal was not heard and disposed of, though, a good number of dates been fixed for hearing, lastly on 19‑1‑2002. Ultimately, on the prayer of learned Counsel ...... of innocence in favour of accused and accused is entitled to benefit of reasonable doubt. Law is well settled that upon an appeal from acquittal appellate Court is not entitled to interfere with the decision of trial Court on facts unless it has acted perversely or otherwise improperly or the verdi..Category: Family Law | Date: | Hits: 165
State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)
....dent. Criminal Petition for Leave to Appeal No.245 of 2005. Judgment Mohammad Fazlul Karim J.- Delay is condoned. The petition for Leave to Appeal is directed against the judgment and order dated 23.02.2005 passed by the High Court Division in Death Reference No.12 of 2002 heard along with......ce in modifying the death sentence into life terms rigorous imprisonment; that the High Court Division did not properly weight and sift the evidences of the prosecution witness and arrived at a wrong decision in modifying the death sentence into life imprisonment. 6. It appears from the record th..Category: Criminal Law | Date: | Hits: 79
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....sented- For Respondent Nos. 2-27. Civil Petition for Leave to Appeal No. 1779 of 2007. Judgment Mohammad Fazlul Karim J.- This petitioners seek leave to appeal against the judgment and order dated 19.08.2007 passed by the High Court Division in Civil Revision No.449 of 2006 making the Rule .......00 from the opposite party No.1 by giving the land mortgage to him, thus onus of proving the same was on him. But the Appellate Court below has committed an error of law resulting in an error in the decision occasioning failure of justice in shifting the onus of proof of the same upon the petitione..Category: Property Law | Date: | Hits: 88
M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)
....ed by the Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Establishment and three others. Both the appeals by leave have arisen from the judgment and order dated 13.7.2000 passed by the High Court Division in the aforesaid writ petition making the Rule abs...... the government its recommendation for appointment of 270 persons including the appellants to the post of Deputy Magistrate and Deputy Collector. But subsequently in June, 1976 Government revised its decision regarding filling up the 465 posts of Circle Officer. The Counsel Committee decided on 25.1..Category: Employment/Service Law | Date: | Hits: 149
....vocate-on-Record- For Respondent.
Civil Petition for Leave to Appeal No.964 of 2006.
Order
Md. Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 16.5.2006 of the High Court Division passed in Writ Petition No.3519 of 1997 making absolute t......major penalty on the respondent which caused prejudice to the respondent.
7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision. The learned counsel could not point at any illegality or infirmity in the decision of the ..
Category: Labour and Industrial Law | Date: | Hits: 832
Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)
....Election of Barakhada Union Parishad within the district of Kushtia. Three persons, including the petitioner and the opposite party No.1, filed nomination paper's and contested the election; the last date for filing nomination paper was 7‑12‑91 and the following day i.e. 8‑12‑91 was fixed fo......r nomination as, or for being, a Chairman if he has defaulted in the repayment of loan taken by him from any specified bank within the time allowed by the bank thereof. This view finds support from a decision of the Division Bench of the High Court Division in the case of Ansar Ali Vs. Chief Electio..Category: Election Law | Date: | Hits: 301
....r the Respondent.
Appeal from the Original Decree No.296 of 1994.
Judgment
Md. Abdul Karim J.- The first appeal of the instance of the plaintiff is directed against the Judgment and decree dated 30‑11‑92 passed by the learned Subordinate Judge, 1st Court, Dhaka, in Title suit No.99 of......of 1992. We may quote section 32 of the Arbitration Act, which runs as follows:
“Section 32. Notwithstanding any law for the time being in force, no suit shall lie on any ground whatsoever for a decision upon the existence effect or validity of an arbitration agreement or award, nor shall any a..
Category: Alternative Dispute Resolution | Date: | Hits: 263
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
.... First Miscellaneous Appeal No. 51 of 1995. Judgment Md. Ansar Ali J.- This First Miscellaneous Appeal at the instance of the defendant No.2 appellant is directed against the Judgment and order dated 19th February, 1995 passed by the learned Subordinate Judge, 1st Court and Commercial Court, C...... in the SCC Suit put the decree into execution by starting SCC Execution Case No.10 of 1992 in the 1st Court of Assistant Judge, Chittagong. But before the conclusion of the SCC proceeding by a final decision of the highest Court, the defendant No.2 himself instituted a suit being Other Suit No.52 o..Category: Civil Law | Date: | Hits: 130
Bazlu Talukder and 2 others Vs. State, 1995, 24 CLC (HCD)
.... the three appellants and another accused Badal Talukder. 2. Accuseds were placed on trial before the Special Tribunal Madaripur, in Special Tribunal Case No.13 of 1992. By the Judgment and order dated 26‑11‑92 learned Tribunal Judge convicted the three appellants and Badal Talukder under th......t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ..Category: Procedural Law | Date: | Hits: 85
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....competent to try a case, under the Criminal Law Amendment Act, 1958 and therefore the trial is vitiated for want of competence. His second contention is that in the charge there was no mention of the date or dates between which the alleged offence of breach of trust was committed by the accused and ......t the provision of law relating to the examination of the accused as contained in section 342 CrPC have not been properly complied with. 8. The learned Advocate for the appellant has relied on the decision reported in 5 DLR 509, 39 DLR 14. So far the defect in framing of charge is concerned he ha..Category: Criminal Law | Date: | Hits: 95
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