Judgment search - Chancery Law Chronicles

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Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)

....the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ......r disposal of appeal. 21. In the light of above mentioned provision of law even when an accused having absconded and is to be tried and convicted in his absence, the Court could apply its coercive power for compelling him to attend even by selling his moveable and immovable properties after prope......�………………………...Petitioner Vs. State…………………………………………………………………….Opposite Party. Judgment June 29, 2005. Case Referred to- Hakim Rai Vs. State, AIR 1957 (Punjab) 134. Lawyers Involved: ASM Abdul Mobin with Md.......the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ..

Category: Criminal Law | Date: | Hits: 65

Engineer Md. Nurul Islam Chowdhury Vs. GM, Dhaka Rural Electrification Samity 1 and another, 2005, 34 CLC (HCD)

.... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 58 DLR (2006) 405....... acquired by the Cantonment Authority. But the petitioner without complying with the aforesaid provision of PBS policy instruction tiled the writ petition without any legal basis. The respondent is empowered under section 19 of the Rural Electrification Board Ordinance, 1977 to place underground cab......r Rahman Chowdhury J Engineer Md. Nurul Islam Chowdhury…………………..Petitioner Vs. GM, Dhaka Rural Electrification Samity 1 and another ……………Respondents. Judgment October 23, 2005. Lawyers Involved: Mobbubey Alam with JN Dcb and Ekramul Hoque. Advocates—For...... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 58 DLR (2006) 405...

Category: Others | Date: | Hits: 146

Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)

....ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397.......e D) sent the aforesaid 3 appeals to the respondent No. 3 for its rehearing. It is further stated that there was nothing wrong in passing the impugned order and that the Director of Land Records is empowered to make such an order dated 10-7-2001 marked Annexure C to make necessary correction in the ......Special Original Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Aftab Ali Sheikh (Md.).............................................................Petitioner Vs. Director, Land Records and others………………………….Respondents. Judgment April 18, 200......ssed by the Zonal Settlement Officer, Jessore Range, Jessore (respondent No. 2) are declared to have been made and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (200..

Category: Property Law | Date: | Hits: 62

Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)

....upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393.......ge, what should be the prosecution case, and how. When and in which manner, a plea of guilty of an accused should be accepted. We are of the view that he should not be allowed to exercise session’s power any more so that no further harm is caused to any accused person as well as to the prosecution......n @ Rajib Ullah.................Appellant Vs. State………………………………………………………………………..Respondent Judgment August 8, 2004. Cases Referred to- Bengal Vs. Jiban Kumar De and others, AIR 1936 Cal 292; Basanta Singh Vs. Crown, 7 Lah 359; ......upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393...

Category: Criminal Law | Date: | Hits: 51

Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)

....in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364.......et aside by the Additional Sessions Judge. Chittagong and directed to hand over possession to the 2nd party without any evidence and without determining as to who was in possession and in exercise of power of inherent jurisdiction the High Court Division stayed the said illegal order passed by the A......n (Md.) ………………………………………Petitioner Vs. State and others……………………………………..Opposite-Parties. Judgment June 29, 2005. Cases Referred to- Abdul Karim Vs. Gousuddin, 51 DLR 259; Abul Hashem Dewan Vs. SDO, Madaripur, 20 DLR 22; Amir......in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364...

Category: Criminal Law | Date: | Hits: 55

Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)

.... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355.......halilur Rahman Bhuyan, the learned Panel Advocate of the National Legal Aid, appears on behalf of the jail appellant and submits that the husband accused attacked on the deceased on being deprived of power of self control as soon as he had seen the obnoxious scene of sexual intercourse by the deceas....................................Appellant Vs. State…………………………………………………………………………..Respondent. Judgment April 9, 2006. Case Referred to: 1972 Criminal Law Journal (Madras High Court) 1641. Lawyers Involved: Md. Khalilur Rah...... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355...

Category: Criminal Law | Date: | Hits: 93

Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)

....tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ......while the defendant examined 5 witnesses in support of their respective contention. 11. The plaintiff filed the certified copies of khatian No. 292 whereas the contesting defendant filed different power of attorney, registered deeds and the certified copy of the judgment and plaint of preemption ......��…………………………………...Petitioner Vs. Radha Mohan Singh and others …………………………………Opposite Parties. Judgment April 24, 2006. Cases Referred to- Md. Ibrahim Vs. Md. Alauddin and others, 27 DLR 413; Adusumilli Gopala Krishnayya Guru Vs. P......tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ..

Category: Property Law | Date: | Hits: 75

Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)

....ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322........ the 1960 Ordinance, is still in force. Any doubts in this regard can be allayed by reference to the East Pakistan Probation of Offenders Rules, 1971, which were made in November 1971 in exercise of powers conferred by section 14 of the 1960 Ordinance. Brief reference may also be made to the Bangla......�……Opposite Parties. Judgment March 9, 2006. Lawyers Involved: Not represented—the Petitioner. Md. Taherul Islam, Advocate—For Opposite Party No. 1. Fahima Nasrin, Deputy Attorney-General—For the State. Criminal Revision No. 760 of 1999. Judgment Md. Imman Ali J......ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322...

Category: Criminal Law | Date: | Hits: 97

Faruque Hasan Vs. Titas Gas Transmission and Distribution Company Ltd. and others, 2005, 34 CLC (HCD)

.... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343....... Pubali Bank Vs. Chairman First Labour Court, Dhaka and another reported in 44 DLR (AD) 40 wherein it has been stated that Labour Court acts as a Civil Court for limited purpose and does not have the power to grant interim order of injunction or stay. In the instant case, since the petitioner was tr......�……………………………………...Petitioner Vs. Titas Gas Transmission and Distribution Company Ltd. and others……..Respondents Judgment August 16, 2005. Cases Referred to- Abdul Mannan Talukder Vs. Bangladesh House Building Finance Corporation and another, 1990 BL......ank Vs. Chairman First Labour Court, Dhaka and another reported in 44 DLR (AD) 40 wherein it has been stated that Labour Court acts as a Civil Court for limited purpose and does not have the power to grant interim order of injunction or stay. In the instant case, since the petitioner was transferred..

Category: Employment/Service Law | Date: | Hits: 75

Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)

....l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......efer an appeal under section 417 A(2) of the Code of Criminal Procedure where the impugned order of sentence has been enhanced because the provisions of law as laid down in section 417A(2) does not empower any witness or any other person to prefer an appeal rather, such power has been given to the "......�………………………………………………………Accused Petitioner Vs. State and another……………………………………………….Opposite Parties. Judgment October 24, 2005. Lawyers Involved: Abdul Malek with Md. Shahjahan, Advocate—For the Accused-P......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311...

Category: Criminal Law | Date: | Hits: 60

Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)

....shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306.......13. Filing the documents by the plaintiff is governed by rule 14 of Order VII of the Code of Civil Procedure which runs thus: "14. (1) Where a plaintiff relies upon documents in his possession or power as evidence in support of his claims, he shall produce them in Court when the plaint is presen......man and others…………………………..Petitioners Vs. Kazi Nuruzzaman and others ………………………………..Opposite Parties. Judgment March 13, 2006. Cases Referred to- Afsaruddin Ahmed Vs. Banque Indosuez, 44 DLR (AD) 136; Moyesuddin Mondal Vs. Bena Rani Das a...... written statement alleging that they acquired the property by taking loan from their father Abul Kashem; that the loan was repaid by the defendants and the title papers were taken by their father by granting them a receipt; that father Abul Kashem granted two receipts on 24-12-1984 being money rece..

Category: Property Law | Date: | Hits: 131

Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)

....o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ...... 10. In reply Mr. Sk Md. Morshed, tile learned Advocate for the opposite party No. 1, submits that the provision laid down in Order VII, rule 11 of the Code is a summary procedure giving the Court power to reject a plain reading of the same and there is no necessity of framing any issue or taking......��……………………………….Petitioner Vs. Md. Moniruzzaman …………………………………………………..Opposite Party. Judgment July 19, 2005. Cases Referred to- S. Azizul Hassan and another Vs. Malik Ghulam Muhammad, 1971 SCMR 123; Shankar Rao and other...... to the High Court Division for revision of an order of the District Judge or Additional District Judge as the case may be, made under sub-sections (2) or (3) shall lie, where the High Court Division grants leave for revision on an error of an important question of law resulting in erroneous decisio..

Category: Procedural Law | Date: | Hits: 90

Sonali Bank Limited and others Vs. M/s. Fair Chemicals (Pvt) Ltd. and others, 2011, 40 CLC (AD)

....imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ......t aside. Under such circumstances, let the suit be disposed of within 6(six) months from the date of receipt of this order by the Court below. 4. In this connection, it should be noted that the power of the Court to issue a commission to examine a witness, is an exceptional one and should be u......ers. M. Amirul Islam, Senior Advocate, instructed by Md. Ferozur Rahman, Advocate -on-Record- For Respondent Nos.1 & 2. Not represented-Respondent Nos. 3-5. Civil Petition for Leave to Appeal No.188 of 2011. Order ABM Khairul Hague CJ.- This petition for leave to appeal has b......imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ..

Category: Civil Law | Date: | Hits: 82

Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)

....circumstances form a sufficient cause for the defendant-petitioner from appearing in the court when the suit was called on for hearing. The facts and circumstances of the case also demand exercise of discretionary power by this court. We find valid reason for considering this matter under these circ...... any where in the Code. It is a question to be determined in view of the facts and circumstances of each case. The words "sufficient cause" must be liberally construed to enable the court to exercise powers "ex debito justitiae". A party should not be deprived of hearing unless there has been someth......dagar…………………………………….Petitioner Vs. Md. Syed Saifuddin Jaheed and others…………………………Opposite Parties. Judgment March 7, 2006. Case Referred to- Seth Shivrottam G Mohatta Vs. Messrs Mohammadi Steamship Co. Ltd, 17 DLR 487. Lawyers In......aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ..

Category: Property Law | Date: | Hits: 115

MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)

....nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ......pecial provisions, in respect of bankruptcy matter. It contains, amongst others various provisions, namely, section 2 contains definitions, section 9 enumerates act of bankruptcy, Section 10 contains power of adjudication, section 11 provides for the qualifications of persons who are subject to bank......……………………………….Petitioner Vs. Additional District Judge & Dewlia Adalat, Chittagong and another…… Respondents. Judgment November 17, 2005. Cases Referred to- Messrs Speed Bird Navigation Co. and another Vs. Bangladesh and others, 27 DLR 170; Fazle (M......nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ..

Category: Civil Law | Date: | Hits: 131

Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ......n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ...... the Respondents. Writ Petition No. 6436 of 2001. Judgment Syed Refaat Ahmed J.- In this Application under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondents to show cause as to why the Impugned Order contained in Memo No. 225-Paubo-Kop/B-lKa/Sha-l/B-2/2001 ......n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ..

Category: Employment/Service Law | Date: | Hits: 79

Golap Vs. Md. Abdul Hakim & others, 2002, 31 CLC (HCD)

....ule 4 of CPC. Instead the plaintiffs filed an application under Order I, rule 10 of CPC for striking out name of defendant No. 3 and adding the names of his legal heirs by way of amendment. Court has discretionary power to add parties at any stage of the proceedings. But if a defendant dies after fi......Instead the plaintiffs filed an application under Order I, rule 10 of CPC for striking out name of defendant No. 3 and adding the names of his legal heirs by way of amendment. Court has discretionary power to add parties at any stage of the proceedings. But if a defendant dies after filing of writte...... Present: Salma Masud Chowdhury J Golap…………………………………………….Petitioner Vs. Md. Abdul Hakim & others…………….Opposite Parties. Judgment October 23, 2002. Case Referred to- Abdul Aziz Vs. Abani Mohan, 30 DLR (SC) 221. Lawyers In......al Court is directed to proceed with the suit and the suit as against the deceased defendant No. 3 Rasullah alias Abdur Rashid stands abated. Ed. This Case is also Reported in: 58 DLR (2006) 227...

Category: Procedural Law | Date: | Hits: 106

Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)

....e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......he trial Court, the learned Additional District Judge did not commit any illegality rather, the impugned judgment is well founded in law which cannot be interfered by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure. Thus, 1 does not find any substance in th......………………………………………………..Petitioner Vs. Badsha Alam and others..................................Opposite Parties. Judgment August 30, 2005. Case Referred to- Abdul Wahab Vs. Samad Ali, 33 DLR (AD) 113. Lawyers Involved: Md. Abul Kalam Chowdhury......s in support of their respective cases. The learned Senior Assistant Judge after due consideration of the evidence on record was pleased to allow the pre-emption miscellaneous case No. 12 of 1998 and granted the relief as sought for by the judgment and order dated 27-9-2001. 5. Being aggrieved by..

Category: Property Law | Date: | Hits: 67

Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)

....ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ......ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ......m Howlader…………..…. Defendant-Respondent-Petitioner Vs. Falu Dewan and others…...............Plaintiff-Appellant-Opposite-Parties. Judgment February 11, 2004. Cases Referred to- 1 MLR 54; 46 DLR 34; 49 DLR 428; Md. Yusuf Ali Vs. Chancellor of Rajshahi University, 1998 B...... question has been found to be part of the graveyard. Moreover, in the instant case, the recommendation for cancellation of the settlement of 40 decimals of land was supported by a recommendation for granting an even bigger land (50 decimals) in the adjacent plots by way of compensation, Therefore, ..

Category: Property Law | Date: | Hits: 66

AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)

.... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ......l application can only be disposed of by a Court which has got the necessary pecuniary Jurisdiction. It has been further observed by the referring Bench that sub-section (1) of section 115 does not empower the High Court Division to call for the records in connection with an 'order' passed by the Jo......��………………………………Petitioners Vs. Md. Hashem Ali and others………………………………………Opposite Parties. Judgment February 8, 2006. Cases Referred to- Mohammad Eshaque Vs. Ruhul Amin and others, 34 DLR 342, Abdus Salam Vs. Bangladesh, 33 DLR 14......interim order of injunction. The learned Joint District Judge by his order No. 56 dated 27-2-2005 issued notice upon the defendant opposite party No. 9 to show cause as to why injunction shall not be granted and since no ad interim order was passed another application under section 151 of the Code o..

Category: Procedural Law | Date: | Hits: 90

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