Search Options
Judgment Advanced Search
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....d. Thereafter, the decree-holder put the decree into execution in Artha Rin Jari Case No.153 of 2007. As judgment-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 mo......Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-4. Civil Appeal No.177 of 2009. (From the judgment and order dated 22-7-2008 passed by the High Court Division in Writ Petition No.5085 of 2008). Judgme......AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......8 challenging the said order. 3. The High Court Division upon hearing the parties by the impugned judgment dated 22nd July, 2008 disposed of the rule on the following terms: "As such, the petitioner is directed to file an application before the concerned Adalat for depositing the decretal amou..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
.... 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.......dvocates ‑For the Respondents. Writ Petition No. 1007 of 1989 Judgment Muhammad Fazlul Karim J.- This rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 6.9.88 (Annexure A) issued under the signature of the respondent No.2, the General Manag......d 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.......45 DLR (HCD) (1993) 112...Category: Employment/Service Law | Date: | Hits: 88
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ......aintiff namely, Khogendra Kumar Shil was examined‑in‑chief but unfortunately he died before he could be cross‑examined. An application was thereupon filed from the side of the petitioner for an order to have his deposition expunged as being inadmissible. The trial judge, by the impugned order ......110. ......n: 45 DLR (HCD) (1993) 110. ..Category: Procedural Law | Date: | Hits: 91
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....at page No.9762 (102), against Serial No.84 under the provisions of Ordinance No.54 of 1985 and it is also undisputed that in order to release the said property from the list of abandoned property as published vide the aforesaid notification in the gazette the petitioner filed an application in the ......eneral ‑ For the Respondents. Writ Petition No.101 of 1990. Judgment Mohammad Gholam Rabbani J.- This application under Article 102 of the Constitution is directed against the judgment and order dated 7.3.89 passed by the Court of Settlement in Case No.1022 of 1987. The case was filed by ......, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ...... 45 DLR (HCD) (1993) 105. ..Category: Property Law | Date: | Hits: 73
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....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. ......he prayer of the accused and framed charge against him under sections 406/420 of the Bangladesh Penal Code and fixed 30.3.85 for examinations of witnesses. 4. Petitioner did not challenge the said order of the learned Magistrate before the Sessions Judge in revision but moved this Court under sec......0 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. ......993) 102. ..Category: Criminal Law | Date: | Hits: 132
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. ...... For the Opposite Parties. Appeal from Original Decree No. 107 of 1987. Judgment AM Mahmudur Rahman J. - By this Rule the opposite parties were directed to show cause as to why the impugned order passed by the Trial Court on September 16, 1986 rejecting an application for adding the petiti......s 1987 BLD (AD) 205. Lawyers Involved: Faridul Alam Chowdhury, Advocate ‑ For the Petitioners. M Fazlul Karim with Omar Farook, Advocates‑ For the Opposite Parties. Appeal from Original Decree No. 107 of 1987. Judgment AM Mahmudur Rahman J. - By this Rule the opposite partie......so Reported in: 43 DLR (1991) 112. ..Category: Property Law | Date: | Hits: 67
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......y on 2.1.84 a letter was issued by the Sub‑Divisional Officer, Sadar, Dhaka (Exhibit) to appear with his papers in support of his claim. The plaintiff alleged that he produced all his papers but no order was passed. However the claim of the plaintiff was never denied. Hence there is no question of......ive costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......ka in Title Suit No. 353 of 1984 dismissing the suit. 2. The appellant as plaintiff filed the said suit for declaration that he is a citizen of Bangladesh and that the suit property is not an abandoned property. 3. The case of the plaintiff is that he is a citizen of Bangladesh and a permanent..Category: Property Law | Date: | Hits: 73
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. ......disputed land to the defendants. His argument is based on the provisions of section 4 of the Partition Act, 1893. From a close reading of the provisions of section 4 of the Act it seems to me that in order to have the benefit of section 4 of the Partition Act the defendants are to satisfy the Court ...... Md. Hazee Kalu ....................................Respondent. Judgment January 1, 1989. Cases Referred to- Pathana Vs. Mst. Wasai, 17 DLR (SC) 47; Mussummat Durga Chowdhrian Vs. Jawahir Singh Chowdhury, 17 Indian Appeals 122. Lawyers Involved: SK Zulfiqur Bulbul Chowdhury with Far......ich he had house and fruits bearing trees. Their case was that Ejahar Mia did not sell the suit land to the plaintiff and the plaintiff never got possession of the same. Ejahar Mia took loan of some money from the plaintiff and executed some handnotes as security for the loan. They further alleged t..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....nsider the decisions cited by the learned Advocates. In the Calcutta case the applicant, Mrs. Aisha Ariff, second wife of Golam Hossain Ariff, instituted a suit praying for declaration that the award published by Ameer Ali, J., umpire, was invalid as there was no submission to arbitration agreement ......y must remember that they submit only to bury the dispute once and for all. 3. Now, I proceed to deal with the appeal. The appellant has taken in the memorandum of appeal as many as 28 grounds. In order to appreciate the contention raised at the Bar it is necessary, in nutshell, to state the fact...... Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......ion from his judgment which is: “some years before the present war, and for ought I know to the contrary since a man used to stand outside the Courts of justice in London with a banner inscribed on one side with the words” ‘Arbitrate, Do not Litigate’ and on the other with the words” Bewar..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. ......d namely, Noor Ahmed, Seraj Ahmed, Abdul Motaleb, Sona Ali, Abul Hossain, Faiz Ahmed, Sekander Fakir, Eunus, Kala Mah, Putiakabli and Nurul Huq of the charges brought against them by his judgment and order dated 8.6.89 in Sessions Trial No.25 of 1987 out of which the present appeal has arisen challe......t 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. ...... present appeal has arisen challenging the conviction and sentence of the accused‑appellants. 2. The prosecution case as has been made out in the First Information Report dated 25.7.81 lodged by one Badiur Rahman (P.W.1) with the Teknaf Police Station is that when on 25.7.81 he (informant) alon..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: ......dvocates-For the Respondent. Writ Petition No. 3002 of 2010. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a judgment debtor in a money decree, was issued calling in question order dated 5.4.2010 passed by Artha Rin Adalat No.3, Dhaka in Artha Execution Case No.131 of 2009 r......directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......orted in: ..Category: Procedural Law | Date: | Hits: 80
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
....In short, the case of the petitioner for the purpose of disposal of the rule is as follows: 3. Respondent No.3, Secretary, National Curriculum & Text Book Board (NCTB), Text Book Bhaban, Dhaka published a notice on 13.5.98 inviting tender from the enlisted 1st category Contractors in Governme......on, electrical work and renovation of 12 floor of the building shall not be declared illegal and without any lawful authority 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 cou......d authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ......Court High Court Division (Special Original Jurisdiction) Present: Mohammad Anwarul Haque J Md. Akram Hossain Chowdhury J Mohammad Shahabuddin, Proprietor, Sunrise Engineers, 18/1 Moneswar Road, Zigatola, Dhaka-1209………...................................................Petiti..Category: Others | Date: | Hits: 133
Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)
....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: ......appellants. Md. Asheque Momin, Assistant Attorney General -For the respondent. Criminal Appeal No. 300 of 1997. Judgment Md. Ruhul Quddus J. - This appeal is directed against judgment and order dated 20.2.1997 passed by the Additional Sessions Judge, Bagerhat in Session Case No.41 of 199...... The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ...... 394 of the Penal Code and sentencing each of them thereunder to suffer rigorous imprisonment for five years with a fine of Taka 2000/- for each in default to suffer rigorous imprisonment for another one year. 2. Prosecution case, in brief, is that in the night following 12.8.1994 the informant T..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: ......llants. Matiur Rahman Howlader, Assistant Attorney General-For the respondent. Criminal Appeal No.4652 of 2008. Judgment Md. Ruhul Quddus J. - This appeal is directed against judgment and order dated 18.6.2008 passed by the Additional Sessions Judge, Lakshmipur in Session Case No.86 of 1......kider 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: ...... sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer rigorous imprisonment for life with a fine of Taka 20,000/- for each in default to suffer rigorous imprisonment for one year more. 2. Facts leading to this appeal, in brief, are that one Ayati Begum (P.W.1) filed ..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. ...... for life and to pay fine of Tk. 2,000.00 each, in default, to suffer rigorous imprisonment for one year more in Sessions Case No.11of 1989. All the three appeals arising out of the same judgment and order of conviction and sentence passed by the same court are taken up simultaneously one after anot......ey 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. ......en convicted on 14.4.90 under sections 302/34 of the Penal Code and sentenced thereunder to imprisonment for life and to pay fine of Tk. 2,000.00 each, in default, to suffer rigorous imprisonment for one year more in Sessions Case No.11of 1989. All the three appeals arising out of the same judgment ..Category: Criminal Law | Date: | Hits: 83
Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)
....s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......89 (Jessore) Criminal Appeal No.423 of 1991 (Dhaka). Judgment Kazi Ebadul Hoque J.- This appeal at the instance of the convicted appellant Abdul Khaleque is directed against the judgment and order dated 17.8.89 passed by the Additional Sessions Judge, Jessore in Sessions Case No.1 of 1987 c......is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75....... convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Tk. 2000.00, in default, to suffer rigorous imprisonment for one (1) year more. 2. Prosecution case, in short, is that the accused appellant married victim Ra..Category: Criminal Law | Date: | Hits: 78
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....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.......nts. Writ Petition No.173 of 1992. Judgment KM Hasan J.- This Rule Nisi obtained under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh is directed against an order dated 14.1.1992 (Annexure 'D') passed the Administrator of Waqfs, excluding Tobarak Sikder fro......refore, 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.......45 DLR (HCD) (1993) 70...Category: Trust/Waqf Law | Date: | Hits: 157
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......the Petitioners. Md. Azizul Huq, Advocate ‑ For the Opposite‑Party. Civil Revision No. 440 of 1985. Judgment Mohammad Gholam Rabbani J.- This Rule is directed against the judgment and order dated 29.5.85 passed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984. ......others ………………..Petitioners. Vs. Md. Abdul Mannan .......Opposite‑party Judgment April 30, 1992. Result: The rule is made absolute. Cases Referred to- Barhanuddin Ahmed Vs. Veda Brata Chakraborty, 16 DLR 61; Moyna Mia Vs. Haji Abdus Samad, 33 DLR 207; Saleh Ah......D) (1993) 66, 29 BLD 323...Category: Procedural Law | Date: | Hits: 95
Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
....tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......urdering one Amjad Ali and they were placed on trial before the Additional Sessions Judge, First Court, Sylhet, in Sessions Case No.228 of 1992. The defence plea was of innocence. By the judgment and order dated 27.9.83 under appeal the learned Additional Sessions Judge convicted the accused appella......uitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......h, Martuz Ali and Fakir since acquitted were charged along with accused appellants Bashir Ali, Aftab Ali, Moshai and Hashir Ali alias Hushiar Ali under sections 302/34 of the Penal Code for murdering one Amjad Ali and they were placed on trial before the Additional Sessions Judge, First Court, Sylhe..Category: Criminal Law | Date: | Hits: 62