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Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ct as under; 1. The respondent No. 2 is directed to take immediate step for making provisions regarding absorption of the petitioners and others who belong to the BCS (Telecommunication) cadre and complete the process on or before 28.2.2011 without fail. 2. In view of the options given by the......1 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......tive of the fundamental rights of the petitioners as guaranteed by Articles 27,29,31 and 40 9of the Constitution and /or such other or further order or orders passed as to this Court may seem fit and proper. Thereafter, on the application of the petitioners a supplementary Rule was issued on 22.......cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ..Category: Constitutional Law | Date: | Hits: 145
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
.... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ......LR (HCD) (1993) 164. ......enial of service of the summons in any manner and that of P.W.2 by corroborating him and thereafter the onus was shifted upon the plaintiff‑opposite party of the Miscellaneous case to prove due and proper service of the summons upon the defendant‑petitioner. The plaintiff of course, in discharge...... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ..Category: Procedural Law | Date: | Hits: 94
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....the pleading of the plaintiff, nor will be any substitution of any cause of action as made out in the plaint. Hence the same ought to have been allowed by the learned Subordinate Judge for proper and complete adjudication of the suit. 8. Mr. Miah Abdul Gafur, the learned Advocate for the opposite......d Ansar Ali J Moyezuddin Mondal...............Petitioner Vs. Bena Rani Das & others.................Opposite Parties Judgment January 14, 1992. Cases Referred To- MA Jahangir and others Vs. Abdul Hakk and others, 41 DLR page 389; Kanda and others Vs. Waghu, 3 DLR (PC) 310; F...... follows: The plaintiff‑petitioner instituted a suit being Title Suit No.42 of 1988 in the Court of the Subordinate Judge, Rajbari for specific performance of a contract for sale of the schedule property against the defendants opposite parties on the allegations, inter alia, that the defendantâ......found to be suspicious or unauthentic or not genuine by the Subordinate Judge. Hence, we feel that those ought to have been admitted into evidence for the ends of justice and for proper and effective adjudication of the suit. It is clear from the above that the learned Subordinate Judge has committe..Category: Procedural Law | Date: | Hits: 76
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
....ing the, plaint cannot be treated as barred by any law. In the case of Azizun Nessa Khatun Vs. Abul Hossain Bhuiya and others reported in 9 DLR 559 it is held: "Whether the injury complained of is complete on a date, there is no continuing wrong even though the damage caused by that injury might ......394. ......ntainability of the revision case under section 115 of the Code of Civil Procedure before this Court. The learned Advocate submits that the impugned order returning the plaint for presentation in the proper Court is appealable under rule 1(a) of Order 43 of the Code of Civil Procedure and the appeal...... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ..Category: Administrative Law | Date: | Hits: 189
Khokan Vs. State, 1990, 19 CLC (HCD)
....ary and the trial of the case should proceed even if the accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ......or the Appellants. Salma Masud, Advocate ‑ For the State. Criminal Appeal Nos. 132 & 172 of 1989. Judgment Abdul Bari Sarker J. - These two appeals are directed against the judgment and order of conviction and sentence passed by Mr. Md. Abu Baker Siddique, Additional District and S...... appellants has taken me through to FIR, the deposition of the witnesses and other materials on record. He contends that the trial is without jurisdiction as the accused was tried in absentia without proper notification as required under section 27(6) of the Special Powers Act, 1974. He contends tha......ary and the trial of the case should proceed even if the accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ..Category: Criminal Law | Date: | Hits: 67
...., PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
......l Jurisdiction)
Present:
Mohammad Ismailuddin Sarker J
Md. Badruzzaman J
M Mahmood..................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Home Affairs and another.............Respondents.
Judgment
February 11, 1991.
Cases Referred to-
Liv......r have been lawfully vested with the power, that the action of the detaining authority is not mala fide and that the action has not been taken upon extraneous or irrelevant considerations and without proper application of mind.
11. Our Appellate Division in the case of Abdul Latif Mirza Vs. Gover......, PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
..
Category: Constitutional Law | Date: | Hits: 178
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....d from the recital of the sale deed dated 27.6.73 (Ext. 3) in favour or M/s. Hakim Humayun and Co that the vendor of the said deed, M/s. Vikrampur Jahangir Metal Works made construction of a partly incomplete one storied building in the suit Plot as per commercial building plan passed by the DIT. ......rt Division (Civil Appellate Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Silver Estate Ltd ................................Petitioner Vs. Abdul Hakim Mia and others................Respondent. Judgment April 3, 1991. Cases Referred to- AIR 19...... the judgment and decree dated 18.2.1989 passed by the 3rd Court of Subordinate Judge, Dhaka in Title Suit No. 29 of 1983 dismissing the suit for Specific Performance of Contract for sale of the suit property after declaring that the defendant Nos. 2 and 4 have no right, title and interest therein. ......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ..Category: Civil Law | Date: | Hits: 92
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ...... Ahsan, son of Monjurul Ahsan Munshi.........Respondents Judgment June 9, 2011. Cases Referred To- Abdul Majid Sarker Vs. The State, 55 DLR (AD)1; Badiur Rahman Chowdhury Vs. Nazrul Islam and another, 16 BLD (AD) 263; Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 50 DLR (AD) 55; A......he child with her mother while roaming around. He also came to know that she had gone abroad leaving the child with her mother. Claiming that the child is not safe in that house and was not receiving proper care and attention, the respondent prayed for an order of custody and full care and control o......on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ..Category: Family Law | Date: | Hits: 327
Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ...... (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Bera Pourashava and another………………Appellants (In Civil Appeal No.218 of 2007) Md. Abdul Mazid ..............Leave to Appeal No.126 of 2006 were not represented. Mr. Sircer submits in support of the judgment and order of the High Court Division. He submits that the gazette notification which is impugned was properly and lawfully issued giving details of the area to be curtailed in the schedule of the circu......gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ..Category: Election Law | Date: | Hits: 152
Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are disÂmissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ...... 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 Government of Bangladesh and another………..Petitioners (In Civil Petition No.1996 of 2009.) Nurul Absar Shaheen……â......y the High Court Division in Appeal from Original Decree No.387 of 2003 with Civil Rule No.697 (f) of 2003 allowing the appeal. 2. The facts involved in the case, in short, are that 'Ka' schedule property was leased out with one Faizul Huque and after his death to his wife Amina Hoque. As the le......n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are disÂmissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ..Category: Property Law | Date: | Hits: 93
Sadharan Bima Corporation Vs. Bangladesh Shipping CorÂporation and others, 1990, 19 CLC (HCD)
....ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ...... Court High Court Division (Admiralty Jurisdiction) Present: Md. Mozammel Hoque J Sadharan Bima Corporation........................Plaintiff Vs. Bangladesh Shipping CorÂporation and others.............Defendants. Judgment June 12, 1990. Cases Referred to- Al‑Say...... manner whatsoever and the Court will be at liberty to decide the matter independently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ......ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Dulal and others Vs. State, 1990, 19 CLC (HCD)
....s should be released on bail on furnishing fresh bail bond to the satisfaction of the Deputy Commissioner, Mymensingh within two (2) weeks. Ed. This Case is also Reported in: 43 DLR (1991) 321. ......thin two (2) weeks. Ed. This Case is also Reported in: 43 DLR (1991) 321. ......ail for preferring revisional application to this Court after the accused persons surrendered to undergo the sentence of imprisonment as per direction of the Appellate Court. I therefore, think it proper that this fact should be brought to the notice of all the Magistrates by the Registrar of thi......s should be released on bail on furnishing fresh bail bond to the satisfaction of the Deputy Commissioner, Mymensingh within two (2) weeks. Ed. This Case is also Reported in: 43 DLR (1991) 321. ..Category: Criminal Law | Date: | Hits: 60
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....le for them. There is nothing on record in support of these statements. These allegations are also too vague and lack in any particulars. 22. It is the established principle of law that truth is a complete defence to a civil action for libel. On a careful consideration of the entire evidence on r......ivision (Civil Appellate Jurisdiction) Present: Latifur Rahman J Anwarul Hauqe Chowdhury J Abdus Sobhan…………………......................Appellant Vs. Harekrishna Kundu and another............Respondents. Judgment September 1, 1988. Lawyers Involved: Abdus....... The defendants contested the suit by filing written statements. The defence case is as follows: 7. The defendants are permanent residents of Kawkhali in the District of Barisal. They purchased a property at Amrajuri Mouza of Kawkhali PS in a certificate sale and they got possession of a portion......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314...Category: Civil Law | Date: | Hits: 89
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297.......cate ‑ For the Opposite Party. Civil Revision No. 832 of 1990. Judgment Mainur Reza Chowdhury J. - This Rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 18.4.90 passed by the District Judge, Dhaka in Misc. Appeal No. 71 of 1990 should no......posite party had filed the said suit, inter alia, on the ground that the petitioner led a life beneath standard to which she and their children were accustomed to and that the petitioner did not take proper medical advice for treatment of his illness. She further contended that he used to come back ......l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297...Category: Family Law | Date: | Hits: 230
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ...... Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......dge, Rajshahi in Special Tribunal Case No. 1 of 1986 admitting Exts. 4, 5 and 6 series into evidence should not be set aside or such other or further order or orders as to this Court may seem fit and proper and pending hearing of the Rule, all further proceedings of Special Tribunal Case No. 1 of 19......dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ..Category: Criminal Law | Date: | Hits: 74
....lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
......late Jurisdiction)
Present:
Mohammad Ismailuddin Sarker
Muhammad Ansar Ali J
Sadharan Bima Corporation ..............................................Appellant
Vs.
The Dhaka Dyeing and Manu facturing Company Limited.....................Respondent.
Judgment
March 15, 1990.......mpany as the mortgagor and the then Commerce Bank Limited Bangabandhu Avenue, as the mortgagee for a total sum of Tk. 38,00,000.00 in respect of the plaintiffs stocks, goods dyes, chemicals and other properties as mentioned in the said policy, that all the aforesaid policies covered "Riot and Strike......lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
..
Category: Alternative Dispute Resolution | Date: | Hits: 170
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ......ent. Judgment April 10, 1990. Cases Referred to- 12 DLR (SC) 289; 15 DLR (SC) 66; PLD 1967 (SC) 16; BCR 1987 (AD) 85. Lawyers Involved: Serajul Huq, with Md. Munsurul Hoq Chowdhury and ABM Golam Majid, Advocates- For the Appellants. Shareef Ahmad, Advocate ‑For the State. ......the interested and inimical persons were brought as witnesses and even their evidence were so palpably exaggerated that no reliance can be placed on their evidence. (v) The learned Judge failed to properly scrutinise their evidence and ignored the absurdity of their evidence. 10. Lastly, it wa......ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ..Category: Criminal Law | Date: | Hits: 61
State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)
....are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ......urt Division (Criminal Miscellaneous Jurisdiction) Present: Abdul Bari Sarker J Abdul Hasib J State...................................................Petitioner Vs. Joynal Abedin and another......................Other Party. Judgment May 17, 1990. Lawyers Involved: M......articular court and in doing so, it is customary that certain allegations are made against the presiding officer which gave rise to apprehension in the minds of the litigants, that they would not get proper justice from a particular officer. The litigants are given certain latitude in such matters. ......are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ..Category: Criminal Law | Date: | Hits: 64
....d to sell the Ferdous Tannery along with all the aforesaid five properties.
20. Mr. Mahabub further submits that the tender was accepted by the plaintiff on 31.1.78. Since offer and acceptance was complete on 31.1.78, the agreement is complete and the last agreement i.e. Ext. C should not be reli......ivision
(Civil Appellate Jurisdiction)
Present:
Md. Mozammel Hoque J
Habibur Rahman Khan J
Bangladesh Chemical Industries Corporation & others................Appellants
Vs.
Grand Basia Company Limited & others ...................................Respondents.
Judgment
......ants are the appellants before this Court. The plaintiff‑respondent, a limited company, instituted the aforesaid title suit for declaration of title and specific performance of contract of the suit properties alleging, inter alia, that the industry under the name and style M/s. Ferdous Tannery was......formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
..
Category: Property Law | Date: | Hits: 73
Idris and others Vs. The State, 1990, 19 CLC (HCD)
....titioner No. 1. The accused petitioners are directed to surrender to their bail bonds and to serve the remaining period of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245.......d of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245.......that view of the findings there is no scope to interfere with the order impugned in this Revision. 9. From examination of the Judgments of both the Courts below it seems to me that the Court on in proper consideration of evidence carne to the finding that the petitioners forcibly in spite of the ......titioner No. 1. The accused petitioners are directed to surrender to their bail bonds and to serve the remaining period of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245...Category: Criminal Law | Date: | Hits: 66
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