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Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ....... "5. The pre-emptor wanted to exercise his right of pre-emption in respect of the disputed land on the ground that he was a co-sharer tenant of the tenancy to which the said land appertained. The application was described as one coming under section 96 of the State Acquisition and Tenancy Act Su..Category: Property Law | Date: | Hits: 39
Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)
....d judgment and decree affirming those of the trial Court in rejecting the application for preemption are hereby set aside. 17. Trial Court is directed to decide the application for preemption afresh on merit as to whether the petitioners are entitled to preempt, if necessary, on further evide......For the Petitioner. Not Represented—the Opposite Parties. Civil Revision No. 4398 of 2002 Judgment MA Rashid J.- The pre-emptors obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against judgment and order dated 8-7..Category: Property Law | Date: | Hits: 27
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
.... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ...... the Petitioners. Md. Khurshid Alam Khan, Advocate—For the Opposite Parties. Civil Revision No. 4722 of 1991. Judgment Syed Mahmud Hossain J.- This Rule was issued on an application for revision filed by the plaintiffs under section 115(1) of the Code of Civil Procedure..Category: Property Law | Date: | Hits: 25
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
....s allowed with the finding that the suit is undervalued and is out of pecuniary jurisdiction and that the suit is bad for defect of parties and that further decided permitting the plaintiff to file a fresh suit. As regard the un-registered deed dated 19-6-1948, the appellate Court opined that the pl......ner. Mahmudul Islam with Sk. Md. Murshed and Md. Shakhowat Hossain, Advocates—For the Opposite Parties. Civil Revision No. 309 of 2004. Judgment Siddiqur Rahman Miah J.- This revisional application under section 115(1) of the Code of Civil Procedure at the instance of the plaintiff-app..Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....ould be tried by the Juvenile Court, since the trial by the Nari-o-Shishu Nirjatan Daman Tribunal was without jurisdiction. In support of her submission that the case ought to be sent on remand for a fresh trial by the Juvenile Court, the learned Deputy Attorney-Genera! referred, to, inter alia, Md.......ation juveniles charged with offences falling under special law will have to be dealt with by the Juvenile Court in accordance with provisions of the Children Act, which, in our view, is of universal application and approach, irrespective of the offence alleged, as illustrated by the observations ..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ...... at Taka 41,22,000 at a discount rate; that the plaintiff reserved the said apartment in his name as per the terms and conditions contained in the brochure of 'BLISS'; that the plaintiff completed an application form dated 12-3-1997 and paid the said discount price in full on 12-3- 1997 and 16-5-199..Category: Business or Commercial Law | Date: | Hits: 208
....e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
...... proceeding against an incumbent. But this Court will not go slow in exercising its jurisdiction under Article 102 of the Constitution if there was an error apparent on the face of the record and non-application of mind on material facts, or there was an arbitrary, or mala fide exercise of power on ..
Category: Others | Date: | Hits: 72
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....of the matter how it could be accepted that the Labour Court was properly constituted with the member Moazzam Hossain in the midst of a part heard matter without the constitution of the Labour Court afresh with the Chairman and two members including Moazzam Hossain at the beginning of the proceeding......2 Members or one member till its disposal rather, on the date of passing the decision and order the name of a different person appeared as a Member of the Court which shows that there was a total non-application of mind on the part of the Chairman who in the impugned decision and order observed that..Category: Labour and Industrial Law | Date: | Hits: 108
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ...... the Petitioner. Shamsul Huda, Advocate—For the Respondent No. 2. Abdur Rashid, Advocate—For the Respondent No. 4. Matter No. 12 of 1995. Judgment Md. Fazlul Haque J. - This is an application for winding up of Banani Metal Limited, a Private Limited Company having its registered ..Category: Company Law | Date: | Hits: 239
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......e instance of defendant-petitioner is directed against the order No. 83 dated 29-7-2003 passed by the learned Joint District Judge, 2nd Court, Chittagong in partition suit No. 89 of 1996 allowing the application for additional statement and an application for amendment of written statement filed b..Category: Property Law | Date: | Hits: 42
.... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
......
4. Being aggrieved by and dissatisfied with the said judgment and decree passed by the appellate Court, the defendant-respondent, the present petitioners have decided to prefer the revisional application before the High Court Division under section 42, sub-section(1) of the Artha Rin Adalat ..
Category: Civil Law | Date: | Hits: 90
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....tted the case to Druto Bichar Tribunal Barisal who took cognisance of the offence under Ain, 2000 and tried the case without jurisdiction. Mr. Huq lastly submits that the case should he sent hack for fresh trial after taking cognisance by Nari-o-Shishu Nirjatan Daman Tribunal Barguna, He however pra......ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ..Category: Criminal Law | Date: | Hits: 33
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
.... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ......s any element of force applied on her or Jugal Kumar Das gave any threat or for that matter she raised any disagreement. So, we can decide the victim went with Jugal on her free will and the story of application of force and fear seems to be a frame-up story. The alleged victim admitted that she mad..Category: Criminal Law | Date: | Hits: 40
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....n the month of May, 1992 having a passport No. H685251 and he stayed there for long period of about 12 years and during his stay there, the office of the Consulate General of Bangladesh Jeddah issued fresh passport being No.W0854675 in favour of the accused petitioner acknowledging the previous pass......Special Judge, Chittagong, the accused Eklimir Reza Khan preferred this appeal under section 10 of the Criminal Law Amendment Act, 1958 out of time by 4132 days. 6. The petitioner has filed an application under section 5 of the Limitation Act, 1907 for condonation of delay of 4132 days in fil..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......ra, Assistant Attorney-General with Shirin Afroz, Assistant Attorney-General—For the State. Criminal Revision No. 373 of 2003. Judgment Siddiqur Rahman Miah J.- This revisional application under section 435 read with section 439 of the Code of Criminal Procedure at the instanc..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......). Lawyers Involved: Salahuddin Ahmed, Advocate—For the Petitioner. AR Yousuf Advocate—For the Respondent. Matter No. 61 of 1994. Judgment Mainur Reza Chowdhury J.- This is an application under section 38 of the Companies Act for rectification of the share register of respond..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
.... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ...... 29(4) of the Local Government (Union Parishad) Ordinance, 1983, in other words whether against such order revision under section 115 of the Civil Procedure would lie to the High Court Division or an application under Article 102 of the Constitution is to be preferred. Their Lordships held that both..Category: Election Law | Date: | Hits: 100
Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)
....88 as has been stated on behalf of the Government in paragraph 8 of the Affidavit-in-opposition. Thereafter the Government in the Ministry of Home Affairs instead of releasing the detenu passed the fresh order of detention Annexure-F dated 23-5-88 detaining the detenu under section 3(1)(a) of the ......et aside. We direct that the detenu Gafur Mohammad Ibrahim be released and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35...Category: Criminal Law | Date: | Hits: 29
Jamil Siddique alias Bulbul Vs. State, 1988, 17 CLC (HCD)
....lready examined during the absence of the appellant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30......., Dhaka and numbered as Special Tribunal case No. 11 of 1987. The case proceeded against the appellant and others in absentia. Subsequently he was produced under arrest before the Tribunal where an application was filed for recalling of the witnesses already examined for cross-examination. The las..Category: Criminal Law | Date: | Hits: 35
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22.......howdhury, Advocate— For Petitioner. M. G. Bhuiyan, Advocate—For Opposite Party No. 1. Civil Revision No. 623 of 1988 Judgment Anwarul Hoque Chowdhury J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against the order dat..Category: Property Law | Date: | Hits: 39
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