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Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)

..... 1. Civil Revision No. 3107 of 2003. Judgment Moyeenul Islam Chowdhury J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the impugned judgment and order dated 29-5-2003 passed by the Joint District Judge, 1st Court, Tangail in Miscel­laneous Appeal No....... judgment and order of the Court of first instance. 7. The only point for determination in this Rule is, whether the court of Appeal below com­mitted any error of law resulting in an error in the decision occasioning failure of justice. 8. At the outset Garib Nawar, the learned Advocate appea..

Category: Property Law | Date: | Hits: 39

Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)

....—For the Respondent. First Appeal No. 155 of 1999. Judgment SM Ziaul Karim J.- This appeal at the instance of defendant-appellant, is directed against the judg­ment and decree dated 24-11-1998 passed by Mr. Md. Ali Haider, Subordinate Judge, First Court, Dhaka, in Title Suit ......efore institution of the suit. Mr. Khan lastly submits that the trial Court failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 11. Mr. Abdur Razzaq, Senior Advocate appearing wit..

Category: Property Law | Date: | Hits: 31

Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)

..... 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 8-7-2002 passed by Joint District Judge, Court No. 1 at Munshiganj in Miscellaneous Appeal No....... 15. In such view of the matter, I am unable to accept the conclusion of the Courts below that the agreement which does not appear to be genuine has transformed the sale into a mortgage and such decision has no doubt occasioned failure of justice. 16. In the result, the Rule is made abso..

Category: Property Law | Date: | Hits: 27

Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)

....t 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 (the Code) against judgment and decree dated 30-7-1987 passed by the learned Subordinate Judge, 1st Commercial Court, Chittagong in Other C......tion for the last 18 years. After lapse of 18 years from the date of dismissal of the suit, the plaintiffs now cannot get a decree for permanent injunction. 14. The findings arrived at and the decisions made by the lower appellate Court do not suffer from any patent illegality or flagrant vio..

Category: Property Law | Date: | Hits: 25

Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)

....te. Criminal Appeal No. 1245 of 1994. Judgment Md. Anwaral Haque J.- This Appeal under section 30 of the Special Powers Act, 1974 (Act XIV of 1974) is directed against the judgment and order dated 12-7-94 passed by the learned Judge of the Special Tribunal & Assistant Sessions Judge, Ra......Tribunal should have left all these alamats including chemical examination report Exhibit 3 out of consideration. In support of his contention, the learned Advocate for the appellant has referred the decisions of the case of Habibur Rahman alias Alam vs. State, reported in 47 DLR 323. Moreover, it i..

Category: Criminal Law | Date: | Hits: 35

Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)

....ment Siddiqur Rahman Miah J.- This revisional application under section 115(1) of the Code of Civil Procedure at the instance of the plaintiff-appellant is directed against the judgment and decree dated 5-11-2003 passed by the learned Additional District Judge, Court No. 2, Rangpur, in Other Appe......isinterpreted and misconstrued the evidence and did not consider the material evidence on record while passing the impugned judgment and decree committing an error of law resulting in an error in the decision occasioning failure of justice. The learned Advocate refers the decision in the case of Sad..

Category: Property Law | Date: | Hits: 49

State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)

....death imposed upon accused Md. Roushan Mondal @ Hashem upon finding him guilty under section 6(2) of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995, ("the Ain") by the judgment and order dated 13-1-2004 passed by him sitting as the Nari-o-Shishu Nirjatan Daman Bishesh Adalat and Additio......y the accused-appellant. He further submits that the trial Judge in his judgment has adverted to the earlier finding of the Sessions Judge in the order dated 22-1-2001 and has, in fact, reviewed that decision by which the age of the accused had been established. He submits that the prosecution did n..

Category: Criminal Law | Date: | Hits: 167

Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)

....M Shahjahan, Moinuddin and Md. Ariful Islam, Advocates—For Respondent No. 1. First Appeal No. 95 of 2003. Judgment SM Ziaul Karim J.- This appeal is directed against the judgment and decree dated 20-11-2002 passed by the learned Joint District Judge, First Court, Dhaka, in Title Suit No. 2......form. The learned Counsel submits that the learned Judge of the trial Court failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 10. Mr. Md. SM Shahjahan, the learned Advocate appearing..

Category: Business or Commercial Law | Date: | Hits: 208

Abul Kalam Vs. State, 2005, 34 CLC (HCD)

....al—For the Respondent-State. Criminal Appeal No. 422 of 1989. Judgment SM Ziaul Karim J.- By this appeal convict appellant Abul Kalam has challenged the propriety of the judgment and order dated 20-8-1989 passed by the Additional Sessions Judge, Jessore in Session Case No. 108 of 1988 con......ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ..

Category: Criminal Law | Date: | Hits: 40

SM Hasan Faruqi and others Vs. Controller of Examination, National University, and others, 2005, 34 CLC (HCD)

....use why the disciplinary action or punishment shall not be taken against the petitioners for their illegal anti-disciplinary activities and also asked them to give reply within 10 (ten) days from the date of issuance of "Kaifiat Patra". The petitioner's submitted explanations but those were found un......mittee considered all the relevant facts and after threadbare discussion they found the petitioners and others guilty but their mode of conduct does not throw any light of reasoning for such punitive decision. 13. It is apparent that the University Authority did not bring specific charges against..

Category: Others | Date: | Hits: 72

Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)

....nquiry Report dismissed him from service on 15-2-1997. 3. Being aggrieved by the order of dismissal the petitioner sent a grievance petition to the respondent No. 2 employer by registered post dated 28-2-1997. But the respondent No.2 company did not cancel the order of dismissal. Being aggrie...... Writ Petition No. 667 of 2001 Judgment Md. Muzammel Hossain J.- This Rule Nisi was issued at the instance of the petitioner calling upon the respondents to show cause as to why the decision and order of the Chairman of the Labour Court, Khulna passed in Case No, C9 of 1997 (Annexu..

Category: Labour and Industrial Law | Date: | Hits: 108

AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)

.... 2 under registered post regularly but having no result. 5. The respondent-company having failed and neglected to make payment of this admitted indebtedness, the petitioner sent a statutory notice dated 9-7-94 under section 163 of the Companies Act calling upon the respondents to pay the petition...... signing this agreement and on expiry of three years both the parties on mutual understanding may extend the time for further period or buy company’s shares of this loan amount and in this case the decision of second party (petitioner) will be final. It is also provided in Clause 5 that the first ..

Category: Company Law | Date: | Hits: 239

Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)

....vocates—For the Opposite Party No. 1. Civil Revision No. 3682 of 2003. Judgment Sheikh Abdul Awal J.- This Rule at the 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 ...... controversy between the parties and, as such, the learned Joint District Judge by passing the instant impugned order committed an error of law as well as facts in issues and resulted an error in its decision occasioning failure of justice which warrants interference by this Court. Finally, the lear..

Category: Property Law | Date: | Hits: 42

Doly Enterprise & others Vs. Additional District Judge, 1st Court, Dhaka and another, 2006, 35 CLC (HCD)

....tition No. 1547 of 20006. Judgment Farah Mahbub J.- This Rule under Article 102 of the Constitution has been issued upon the respondents to show cause as to why the impugned order No.36 dated 1-1-2006 passed by the respondent No. 1, the learned Additional District Judge, 1st Court, Dha...... identical in nature hence, cannot be equated with the "Bank Draft" or "Pay Order" occurring in section 42(1) of the said Ain. In support of his contention, the learned Advocate has also referred the decision of a case of Mohan Jogani Rice and Atta Mills vs. Ram Lal Onkarmal Firm and others reported..

Category: Civil Law | Date: | Hits: 90

Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)

....iminal Appeal No. 1808 of 2002 with suo moto Rule No. 122 (R) of 2002. Judgment Syed Md Ziaul Karim J.- By this appeal convict appellants have challenged the propriety of the Judgment and order dated 9-6-2002 passed by the learned Additional Sessions Judge, Second Court, Bogra in Session Case ......pon prosecution case. He added that the learned Judge of the trial Court failed to weigh and sift the evidence on record as required under law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 11. Mr. Sheikh Rezaul Karim, the learned Assistant Attor..

Category: Criminal Law | Date: | Hits: 44

Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)

....am Farid and Criminal Appeal Nos. 3854 of 2003 and 3713 of 2003 at the instance of convict appellants namely, Md. Habibur Rahman and Md. Ripon respectively are directed against the Judgment and order dated 18-9-2003 passed by Druto Bichar Tribunal, Barisal in Druto Bichar Tribunal Case No. 54 of 200......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)

....l No. 195 of 1998. Judgment Mashuque Hossain Ahmed J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against the judgment and order of conviction and sentence dated 21-1-1998 passed by the Special Tribunal and Additional Sessions Judges 2 Rajshahi in Special ...... 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. ..

Category: Criminal Law | Date: | Hits: 40

Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)

....l filed under section 10 of the Criminal Law Amendment Act, 1958 for condonation of delay of 4132 days in filing the appeal which is directed against the judgment and order of conviction and sentence dated 17-1-1994 passed by the learned Divisional Special Judge, Chittagong in Special Case No. 48 of...... judgment and order. He, further submits that if the application of delay is considered, the government will not be prejudiced in any way. 12. The learned Advocate for the petitioner cited the decisions in the case of Lal Mia vs. State reported in 42 DLR 15, in the case of Anser Ali (Md.) vs...

Category: Criminal Law | Date: | Hits: 31

Abul Kashem Vs. State, 2005, 34 CLC (HCD)

....r Rahman Miah J.- This revisional application under section 435 read with section 439 of the Code of Criminal Procedure at the instance of Alhaj Abul Kashem is directed against the judgment and order dated 13-3-2003 passed by the learned Metropolitan Additional Sessions Judge, Court No.2, Dhaka, in ......urt below committed error of law in convicting and sentencing the accused without lawful authority; that the learned trial Court misconstrued the law and facts of the case and arrived at an erroneous decision in convicting and sentencing the accused on surmise and conjecture resulting in miscarriage..

Category: Criminal Law | Date: | Hits: 41

Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)

.... petitioner and instructed them to deliver the shares to the petitioner on receipt of a banker’s pay order for Taka 44.00 lac from the petitioner. The petitioner handed over a pay order No. 0005838 dated 31-10-1993 issued by Agrani Bank, Dhaka for Taka 44.00 lac to respondent No.2 in the presence ......n of liability by the Committee, Mr. Sarqum Ali will be given days’ time to settle the outstanding with Mr. Giasuddin Ahmed failing which the matter be referred to the next Board Meeting for finial decision. The Minutes of the 88th Board Meeting is annexed as Annexure-9. 4. The aforesaid 8 m..

Category: Company Law | Date: | Hits: 181