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.... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540.......540.......t means they will lose their source of earning and that affects their right to life guaranteed by Article 32 of the Constitution. Eviction of basti people or bulldozing of the basti without arranging proper rehabilitation scheme will not solve the problem, rather it may create further problem becaus...... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540...
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....to sell to the plaintiff. The specific case of defendant No.1 was that the deed of agreement a forged and manufactured. The plaintiff was a contractor under the defendant No.1 and he was entrusted to complete the house in question and in the absence of the defendant No.1 the plaintiff got opportunit......………Appellant Vs. Md. Qayum Mollah & others……...Opposite Parties. Judgment August 14, 2001. Cases Referred To- 43 DLR (AD) 78; 43 DLR (AD) 125; AIR 1975 All 341; Ram Chand Appellant Vs. Rain Swamp Respondent AIR 1952 Allahabad 654; Jalaluddin Mia Vs. Md. Yunus 1982 BC......Court of Subordinate Judge, Bagerhat for a decree of Specific Performance of Contract. 3. The short facts of the said case is that, while the defendant No.1 was owning and possessing the said Suit property he proposed to sell the same to the plaintiff who agreed to purchase the suit property at a......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ..Category: Civil Law | Date: | Hits: 71
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ......By this Rule, opposite party was called upon to show cause as to why the order dated 18-7-99 passed by the Magistrate, 1st Class, Bagerhat in OR No.123 of 1994 arising out of Mongla PS Case No.4(9)94 and the order dated 7-8-2000 passed by the learned Additional Sessions Judge, Bagerhat in Criminal R......e Magistrate shall send case to the Court of Session if it appears to him the case is exclusively triable by the Court of, Session. The Magistrate has no option but to decide whether charge-sheet was properly submitted or whether there is defect of law in the investigation Clause (c) of section 205C......e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ..Category: Criminal Law | Date: | Hits: 39
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
.... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ...... Vs. The Emperor IC 1927 page 935; Shahdin Vs. State PLD 1961 (Lahore) 704; State Vs. Amir Khan PLD 1963 (Peshawar) 54; Emperor Vs. Nga Lu Gale AIR 1928 (Rangoon) 49. Lawyers Involved: Subash Chandra Shaha, Advocate— For the Petitioner. Nikhilesh Dutta, Deputy Attorney-General — For the......s scope of including both weapons as arms. According to him, knives and kiris which were recovered are not appliances common domestic use. So, he has argued that those are arms and the conviction was proper and Legal this connection, he referred to the case of Moudud Vs. State as reported in 18 BLD ...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......d in: 53 DLR (HCD) (2001) 522. ......aid a suit being Title Suit No.368 of 1985 in the First Court of Munsif (now Assistant Judge), Dhaka for a decree that defendants are legally bound to execute necessary documents relating to the suit property in favour of plaintiff after accepting the price fixed by Government and also for a decree ......e suit, In conclusion learned Senior Assistant Judge recorded decision that there was no ground on the part of plaintiff to seek reliefs as prayed by him. 11. Plaintiff felt aggrieved of the above adjudication and sought setting aside through a medium of appeal being Title Appeal No.136 of 1997 b..Category: Property Law | Date: | Hits: 83
.... why the Memo No.MC (AP) 7(17)/Fin/82/313 dated 23-12-1997, should not be declared to be declared to be void and without lawful authority and of no legal effect and why they should not be directed to complete the sale transaction in respect of the commercial premises at 25, Bangladesh Avenue, Ramna,......is also Reported in: 53 DLR (HCD) (2001) 519....... response to the public notice published on behalf of the respondent No.1, the petitioners submitted tenders to purchase the commercial premises at 25, Bangabandhu Avenue, Ramna, Dhaka, (‘the case- property’ in short) with the requisite earnest money and although their tender was highest still t......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519...
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
.... that there is any legal background in favour of such demand regulating the mode of payments. 6. We do not intend to express opinion on other questions at this stage. In the interest of a fair and complete justice to the parties, it is sufficient to observe that the plaintiff at this stage is not......ngal Ceramic Industries Ltd ……………… Appellant Vs. Chairman, Petro Bangla & others……...Respondents. Judgment November 9, 1984. Cases Referred To- Abdul Barek Mia and others Vs. ABM Serajul Islam, 20 DLR 508; Abdul Saul Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) ......t case, the status quo of the plaintiff as to its status as a consumer of gas for industrial purpose goes back to 19-4-77, and it was continuing to enjoy the said status till it was disconnected. The proper remedy for mandatory injunction in terms of section 55 of the Specific Relief Act, seems to b......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ..Category: Others | Date: | Hits: 132
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....997 against the rejection of their prayer for bail by the Special Tribunal on 10-3-97 and that appeal was summarily dismissed on 3-12-97. In that order dismissing the Special Tribunal was directed to complete the trial within 3 months failing which to consider the prayer for bail of the appellants. ......lication is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207...Category: Criminal Law | Date: | Hits: 35
Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)
.... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204....... possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204.......y the learned Senior Assistant Judge, Barisal in Title Suit No.22 of 1990 dismissing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts, in short, are that the petitioner as plaintiff instituted Title Suit No. 22 of ...... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204...Category: Property Law | Date: | Hits: 102
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....allowed bail. Examination of informant PW 1 commenced on 18-1-97 and till 1-3-98 in all 14 PWs were examined out of 22 charge sheet named witnesses and on that date cross-examination of PW 14 was not completed. Earlier on 8-2-98 Court cancelled bail of petitioner No.8 Mujibur Rahman and petitioner N......ons made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......ar the place of occurrence in the absence of any specific allegation against them the petitioners could not be charged with abetment of murder and, as such, rejection of their prayer for bail was not proper exercise of judicial discretion on the part of the learned Additional Session Judge. (8) S......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......own the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......sion with each other misappropriated Taka 1,71,870.00 from Janata Bank, Main Branch, Pabna by resorting to forgery and fabrications. The learned Divisional Special Judge on detailed consideration and proper appreciation of the evidence on record rightly found the accused persons guilty of the offenc......irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192...Category: Criminal Law | Date: | Hits: 104
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......pellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Dil Mohammad…………………………………………………………...Appellant Vs. Jamir Hossain and others…………………………………………..Respondents Judgment August 8, 200....... 3. Plaint case, in short, is that the suit land originally belonged to SA recorded tenant Abdur Rashid Matabbor, an uncle of the appellant. The Government acquired the suit land along with other property for Mirpur Housing Estate. After requisition and acquisition the government did not take ov......aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88...Category: Property Law | Date: | Hits: 83
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. .........................Petitioners Vs. Md. Karam Ali Sheikh & others ............................Opposite Parties Judgment July 21, 2003. Cases Referred to- Md. Sadiq vs. Basgit Sah and others, AIR 1926 (Patna) 159; Thottamma vs. CS Subramaniyyan and another, AIR 1922 Madras 219; R......esh commission for partition of the suit land, again. Hence, the Rule. 3. Mr. Mujibor Rahman Miah, the learned Advocate for the petitioners, submits that the impugned judgment of reversal is not a proper judgment of reversal as the appellate Court failed to comply with the mandatory requirements ......et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ..Category: Property Law | Date: | Hits: 70
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Md. Fazlur Rahman J Syed Abdul Alim alias Lalu …………………Petitioner Vs. DC, Dhaka and others ……………………….Respondents Judgment November 16, 2005. Cases Referr...... asserting that the present writ petition is not maintainable and the Rule is accordingly, liable to be discharged in limini. Regulation 3(6) of Martial Law Regulation No. 1 of 1982 is reproduced for proper appreciation as under: "No order, judgment, sentence or proceedings of a Martial Law Cour......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..Category: Criminal Law | Date: | Hits: 52
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....ary workers have been respectively defined under section 2(m) and 2(s) of the Act as under: "2(m) 'permanent worker' means a worker who has been engaged on a permanent basis or who has satisfactorily completed the period of his probation in the shop or the commercial or industrial establishment; 2(s......orted in: 58 DLR (2006) 46.......ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46.......t on a temporary basis is not the sole criteria for holding the work as temporary one. Incidents and developments that take place in course of the service are important and pertinent in the matter of adjudication whether the employee is temporary or permanent. The incidents and developments that too..Category: Employment/Service Law | Date: | Hits: 85
Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ...... (Special Original Jurisdiction) Present: Mirza Hussain Haider J AFM Abdur Rahman J Sultan Uddin Ahmed ……………………….........Petitioner Vs. Government of Bangladesh and others.................... Respondents. Judgment July 4, 2005. Lawyers Involved: Md......ed by the petitioners without any reference to the said Memo, as aforesaid and the order mentioned in Annexure B(1) and to pass such other or further order or orders as to this Court may seem fit and proper. 3. The petitioners in all these four writ petitions are commercial importers and they in ......l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ..Category: Business or Commercial Law | Date: | Hits: 234
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....adesh have acquired citizenship of many countries of the world such as USA, UK, Canada, Australia, etc. But that does not take away the citizenship of Bangladesh. 25. The citizenship by birth is a complete legal right and a vested constitutional right which cannot be taken away or denied, or lost......CD) (2001) 496.......llage Dasani, within the PS Bagerhat, in the then District Khulna, now Bagerhat and his parents were also permanent residents of Bagerhat vis-a-vis, Bangladesh. He had got both moveable and immovable property at Bagerhat. The appellant went to India during the liberation war of Bangladesh for safety......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496...Category: Immigration and Citizenship Law | Date: | Hits: 190
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....stances of the case and evidence on record and from the order passed by Exhibit 6 by the certificate officer, it is very much clear that the plaintiffs purchase and taking possession of the suit land completed in the year 1951 and purported sale of the suit land now in question was made defendant No......2001) 481....... decree dated 26-5-1964 passed by the Subordinate Judge, Additional Court, Noakhali in OC Suit No.45 of 1960 dismissing the suit which was filed for declaration of title of the plaintiffs to the suit property, on the basis of purchase on 26-2-1951 from the defendant No.2 and that the title of the pl......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481...Category: Property Law | Date: | Hits: 83
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
...."It is elementary that where the prosecution has a definite or positive case, it must prove the whole of the case. Therefore, partial departure affects the credibility of the witnesses very much. And complete departure of the prosecution case from the first information report case, robs the witnesse......oner Vs. State……….Opposite Party Judgment July 2, 2001. Cases Referred To- Kalyan Kumar Chowdhury Vs. The State, 1989 BLD (AD) 12; State Vs. Tota Mia, 51 DLR 244; Alkas Mia and others Vs. The State, 25 DLR 398; Alamgir Hossain (Md.) alias Alamgir Hossain and another Vs. St...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ..Category: Criminal Law | Date: | Hits: 35
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......ourt High Court Division (Criminal Appellate Jurisdiction) Present: MM Ruhul Amin J Md. Joynul Abedin J State ……………..Petitioner Vs. Md. Shamim alias Shamim Sikder and others…………..Opposite Parties. Judgment November 13, 2000. Cases Referred To- ......viction and sentence and submitted that the sentence of death imposed upon the condemned prisoner and the sentences of imprisonment for life imposed upon other convict appellants were appropriate and proper as they committed murder of the deceased which was gruesome and diabolical. 10. Mr. Syed Z......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439...Category: Criminal Law | Date: | Hits: 50
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