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Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....o. 16 of 1972. In this connection, Rules 4 and 5 of Bangladesh Abandoned Property (Buildings in the Urban Areas), Rules 1972 which were framed in pursuance of the Presidents Order No. 16 of 1972 is a complete answer to the contentions of Mr. M H Khondker. Rule 4 of these Rules provides that an appli......diction) Present: M S Ali J Naimuddin Ahmed J Rana Awan (Mrs.)........................................... Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works and others.......Respondents. Judgment August 20, 1990. Cases Referred to- 16 DLR (SC) ......itution of an order passed by the Respondent No. 1 through the Respondent No. 2, the Secretary, Ministry of Works, Government of People's Republic of Bangladesh on 17.4.85 refusing to release certain properties from the list of abandoned properties which has been earlier declared as abandoned proper......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ..Category: Property Law | Date: | Hits: 78
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....n to have been in Dhaka and that the evidence of P.W. 1 in Money Suit No.2 of 2005 has some time ago been recorded by the Court of Joint District Judge, 1st Court, Moulvibazar for doing effective and complete justice, the earlier suit should not be transferred from Moulvibazar to Dhaka and as such t...... (2011) 103, 16 BLC (2011) 96. ......for transfer in the High Court Division being an independent original proceeding within the meaning of Section 141 of the Code of Civil Procedure should generally be self-contained and supported by a properly sworn affidavit. The plaintiff as the arbiter litis has the right to choose his forum but t......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..Category: Civil Law | Date: | Hits: 113
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......cord—For the Appellant. Momtazuddin Fakir, Additional Attorney-General instructed by B Hossain, Advocate-on-Record —For the Respondent. Criminal Appeal No. 32 of 2008. (From the Judgment and order dated 11-11-2007 passed by the High Court Division in Death Reference No. 93 of 2004 along...... Procedure is a lacuna and this lacuna cannot be filled up now, that the sending back of the case on remand has given the prosecution an opportunity to fill up this lacuna which has been unjust and improper and has prejudiced this accused-appellant. The learned Advocate has argued also that except t......ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ..Category: Criminal Law | Date: | Hits: 84
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......der, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Respondent No. 2. Not Represented—For the Respondent No. 1. Criminal Appeal No.11 of 2008. (From the judgment and order dated 2-3-2005 passed by the High Court Division in Criminal Appeal No.123 of 1989). Ju...... 3, 4, 5 and 9 they were corroborated by P.W.1. 8. The High Court Division did not discard the evidence of these witnesses as not reliable or on any other ground. It could have been disbelieved on proper assessment of their evidence on assigning reasons therefore, but keeping their evidence intac......rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536...Category: Criminal Law | Date: | Hits: 90
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
....ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......ce. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......ence of prosecution witnesses individually. The learned Advocate further contended that the learned Magistrate committed an illegality in taking cognizance of the offence inasmuch as valuation of the property of theft was not more than 5,000/‑ and the complainant has given an enhanced amount of lo......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ..Category: Criminal Law | Date: | Hits: 73
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....iew of the direction of the Deputy Director of the Department of Environment Pollution Control, Bangladesh dated 30.6.86 the plaintiffs were required to take adequate stop to construct a drain and to complete the construction of the 4th storey of the main building on plot No. 2205. The learned Subor...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Nurul Huque Bhuiyan J Repco Laboratories Ltd............................Petitioner Vs. Nuruddin Ahmed and others.....................Opposite Parties. Judgment June 21, 1989. Cases Referred to-......it is held that the case reported in AIR 1929 Madras 803 has no manner of application in the instant case. In AIR 1931 Bom 509 on an application by the plaintiff for attachment before judgment of the property of the defendant, the defendant gave an undertaking that he would not sell the same till th......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ..Category: Procedural Law | Date: | Hits: 84
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
.... one device or the other. The practice certainly needs to be strongly discouraged". 15. In CA Abraham Vs. IT Officer, AIR 1961 SC 609, the points involved are thus: the Income tax Act provides a complete machinery for assessment of tax and imposition of penalty and for obtaining relief in respe...... SAN Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Fariduddin Mahmud...........................................Appellant Vs. Md. Saidur Rahman and others ...........................Respondents Judgment June 10, 2010. Cases Referred to......udgment-debtor did not pay the decreetal amount the decree-holder as per order of the Court published tender notice in a national daily news paper on 14th June, 2000 for auction sale of the mortgaged property. The judgment debtor instituted Writ Petition No.655 of 2006 challenging the said tender ......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
.... Such provision has been provided by Public Servants (Retirement) Act, 1974 and section 9(2) thereof provided as follows: "Government may, at any time, retire from service a public servant who has completed twenty five years of service without assigning any reason." 6. Mr. Syed Ishtiaq Ahmed, ......Court Division (Special Original Jurisdiction) Present: Abdul Jalil J Mohammad Fazlul Karim J Hasina Mawla……………………Petitioner Vs. Bangladesh Parjatan Corporation and another…………........Respondents Judgment November 18, 1992. Cases Referred To-......ct to the qualification which he himself has introduced, even though it is not supported point of law by any consideration". In the same Volume at page 638 it has stated that "acquiescence" in its proper legal sense implies that a person abstains from interfering while a violation of his legal ri...... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112...Category: Employment/Service Law | Date: | Hits: 88
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....itten contract with the complainant opposite party to sell a house and received part of the consideration as earnest money. In spite of completion of all formalities by the seller the buyer failed to complete the sale transaction by paying the balance of the consideration after repeated requests. So...... High Court Division (Criminal Revisional Jurisdiction) Present: Muhammad Ansar Ali J Kazi Ebadul Hoque J Shafiuddin Khan (Md)……………………Petitioner Vs. The State and another…………………..Opposite Parties Judgment January 6, 1993. Cases Referred......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ..Category: Criminal Law | Date: | Hits: 132
....nd that the decision itself is not unreasonable.
25. In that view of the matter, the Kerala High Court dismissed the petition which challenges the acceptance of the higher tender.
26. We are in complete agreement with the view of the Kerala High Court which is in complete accord with the view ......
(Special Original Jurisdiction)
Present:
Anwarul Haque Choudhury J
KM Hasan J
Shafiq Ahmed………………Petitioner
Vs.
Chairman, Bangladesh Chemical Industries Corporation and others……..........Respondent
Judgment
October 28, 1992.
Cases Referred to-
M/s H......en to respondent No.5. In that case the Court, inter alia, held thus:
“The Excise Commissioner exercised his authority with a little irregularity because the matter did not reach him through the proper channel but that would not call for interference by way of a writ. The substance of the thing......ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
..
Category: Others | Date: | Hits: 128
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......osts. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......ave been in possession of the disputed holding as sub‑tenants under Syed Ahmed and running their respective business they are necessary parties to the suit and their presence would be necessary for proper adjudication of the issues. The power to be exercised under Order 1 rule 10 CPC is a discreti......n in possession of the disputed holding as sub‑tenants under Syed Ahmed and running their respective business they are necessary parties to the suit and their presence would be necessary for proper adjudication of the issues. The power to be exercised under Order 1 rule 10 CPC is a discretionary o..Category: Property Law | Date: | Hits: 67
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
.... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ......rder as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ...... in order to have the benefit of section 4 of the Partition Act the defendants are to satisfy the Court first, that they are members of an undivided family and share‑holders and that the disputed property is a dwelling‑house belonging to an undivided family. Secondly, a share of such dwelling ...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....he ground of jurisdiction and misconduct of the arbitrator. In the case before us it is evident from the record that an application was filed before the Trial Court for obtaining extension of time to complete arbitration proceeding by the Arbitrator. But nothing was sent to him. On the other hand, t......Syed JR Mudassir Husain J Adamjee Sons Limited................Appellant. Vs. Jiban Bima Corporation............Respondents Judgment August 3, 1992. Cases Referred To- LIGH Ariff and others Vs. Bengal Silk Mills Lid. and another, 1949 Cal. 350; Zeauddin and others Vs. Abdur Rafi......red to in Schedule III of the agreement in terms and conditions mentioned therein. According to tem No.1 the appellant and the respondent were to refer the question of ownership and possession of the properties described in Schedule III to the arbitration of Mr. Justice TH Khan and the Award was to ......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ...... This Case is also Reported in: 48 DLR (1996) 61. ......y are interested and partisan. He has assailed the finding of the learned Assistant Sessions Judge to the effect that the accused appellants exceeded the right of private defence of person as well as property by causing such grievous injuries to the victim Tajur Muluk resulting in his death. The nex......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J SDS Dairy Limited………………................Petitioner Vs. Bangladesh and others…………………………..Respondents Judgment January 6, 2011. Lawyers In...... Rin Adalat No.3, Dhaka in Artha Execution Case No.131 of 2009 rejecting the petitioner’s application filed under Order XXI rule 83 of the Code of Civil Procedure for permission to sell an attached property through private negotiation for enhancement of the sale proceeds. 2. The facts leading t......ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 80
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
.... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ..........................................Petitioner Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others……………Respondent Judgment March 7, 2011. Case Referred to- 32 DLR (......ority and also as to why the respondents shall not be directed to issue an work order in favour of the petitioner and/or such other or further order or orders passed as to this court may seem fit and proper. 2. In short, the case of the petitioner for the purpose of disposal of the rule is as fol...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 133
Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)
....LT 460, and Noor Islam and another Vs. State reported in 6 BLC 178. In the latter, a Division Bench of the High Court Division, under similar facts and circumstances held: “25. . . . in order to complete the offence under section 394 of the Penal Code there must be hurt sustained by the victim ......ddin J. - I agree. This Case is also Reported in: ......Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ......Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 58
Babul and others Vs. State, 2011, 40 CLC (HCD)
....other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ....... Borhanuddin J.-I agree. This Case is also Reported in: ......ay in filing the complaint, he refers to the case of Rustum and others Vs. The State reported in XIV BLT 435. 6. The learned Advocate for the appellants lastly submits that the trial Judge without proper assessment of evidence convicted the appellants on mere surmise and conjecture, which is not ......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......ction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J Bulu………………..Appellant Vs. State………………..Respondent (Criminal Appeal No. 383 of 1990). Khairul and others………………….Appellant Vs. State……………………Respondent (Crimina......ants. Now we are to see as to how far the prosecution has been successful in proving the case against the accused appellants and whether the learned trial Court has arrived at the finding of guilt on proper assessment and appreciation of evidence. 22. Mr. Serajul Huq, the learned Advocate appeari......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ..Category: Criminal Law | Date: | Hits: 83
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....tate to the new mutwalli and under sub‑section (4) a revision also lies to the High Court. In the present case the mutwalli is excluded by the impugned order from mutwalliship before the enquiry is completed and before he was heard on the allegations made against him. This amounts to a breach of t......LR 277; Shoukat Ali Vs. Administrator of Waqf, 29 DLR 276; Makbulal Huq Vs. Administrator of Waqf, 17 DLR 30. Lawyers Involved: Mahmudul Islam with Md. Reaz‑e-Morshed Kamal, Md. Gaziur Farooq and Syed Dastgir Hossain, Advocates ‑ For the Petitioner. A Baset Mazumder, Advocate ‑Respond...... us to believe that the impugned order was issued on extraneous grounds rather than on finding of facts. Existence of factual grounds, for removal of the mutwalli should have been established after a proper hearing given to the petitioner. He should not have been removed on mere one sided appraiseme......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70...Category: Trust/Waqf Law | Date: | Hits: 157
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