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Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ...... that salish that the defendant would pay Taka 16,000.00 against the entire claim of the plaintiff and the plaintiff shall withdraw the suit. It is also alleged that said amount of Taka 16,000.00, in terms of the compromise, shall be deposited with one local lawyer, namely, Mr. AzizuI Islam who of c......ment June 9, 1997. Result: The Rule is made absolute. Enhancement or reduction of dower Dower fixed on the basis of Kabinnama between the parties cannot either be enhanced or reduced and oral evidence cannot be accepted to reduce the amount. Only wife can remit the dower or part the..Category: Family Law | Date: | Hits: 122
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
....e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ......ires from the various papers submitted regarding the Court martial that Mr. Hossain was abusive towards the security personnel which caused them to retaliate. However, we must state in no uncertain terms that no one is above the law and, if Mr. Hossain or anyone in his position had entered the pre......e Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J State...............Petitioner Vs. Secretary, Ministry of Home Affairs and others................Respondents Judgment April 28, 2009. Result: The Rule is dis..Category: Others | Date: | Hits: 87
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ...... present Criminal case against the accused-petitioner under the Foreign Exchange Regulation Act. Since the proceeding of the aforesaid criminal case under challenge have not been validly initiated in terms of the requirement of section 23 of the Foreign Exchange Regulation Act, the same proceedings ...... the conviction has been based on no legal evidence or otherwise for securing the ends of justice……………….(18) The Code of Criminal Procedure, 1898 (V of 1898); section 103 The search and seizure of any matter must be conducted in presence of two independent witnesses and in the abse..Category: Criminal Law | Date: | Hits: 109
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......that though RAJUK and the Deputy Commissioner, Dhaka, were made parties to the suit, no relief was sought against them. In the application for addition of party, the plaintiffs stated in no uncertain terms that RAJUK initiated LA Case No.02 of 1987-88 for acquiring the suit land along with other lan......enior Advocate, instructed by Nazrul Islam Bhtiiyan, Advocate-on-Record—For Respondent Nos. 1(a)-1(e). Not represented—Respondent Nos.2-7. Civil Appeal No.280 of 2010. (From the judgment and decree dated 14th day of October, 2009 passed by the High Court Division in Civil Revision No.39..Category: Property Law | Date: | Hits: 104
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......collapse as not being permitted by law." It has been, also, laid down in paragraph No.11: A suit may be specifically barred by law and, in such an event, the matter would come under the express terms of clause (d) of rule 11 of Order VII of the Code. But, even in a case where a suit is not per...... Judgment April 19, 2007. Result: The Rule is made absolute. Doctrine of res judicata Doctrine of res judicata has received a statutory sanction in The Code as a matter of prudence and to give due weightage to a finding or decision so as to reach finality in the matter of a disput..Category: Property Law | Date: | Hits: 69
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......the four petitions and the deceased husbands of Petitioner Nos.2 and 3, in WP 7236/10 under section 121A of the Penal Code. 2. All the Petitioners were sentenced to suffer imprisonment for varying terms while Lt. Col. (retd.) M. A. Taher, Bir Uttam, husband of the Petitioner No. 2 in WP 7236/10, ...... This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 154
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ......possession of the premises. It can settle only the right of the tenant as regard the possession over the suit premises i.e. whether the landlord acted in accordance with law or in accordance of the terms of the agreement, that is, if the rents illegally enhanced, if the landlord curtail the facili...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Rezia Sultan & another………………Petitioners Vs. Md. Haroon Malik and another…………………Opposite Parties Judgment March 31, 2011. Result: The ru..Category: Civil Law | Date: | Hits: 94
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......test for determining whether a person is in possession of anything is whether he is in general control of it. 61. "Possession" is expressed in Corpus Juris Secondum, 72 C.J.S. 233 in the following terms: "The closest relation of facts which can exist between a corporeal thing and the person wh......: 15 BLT (HCD) (2007) 279. ..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......f has proved that both the brothers Mokdom Ali Sheik and Jomu Sheik are the co-purchaser in the registered sub-kabala No.766, dated 2.2.1937. 20. But admissibility of such evidence for varying the terms of these registered document is barred and the provision of section 92 of the Evidence Act 187......FM Abdur Rahman J.- This Rule under Section 115(1) of the Code of Civil Procedure 1908, dated 09.7.2005, issued at the instance of the Defendant-Respondent-Petitioner is directed against the judgment and decree dated 13.06.2005 (decree singed on 19.06.2005), passed by the learned Additional District..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....ses its jurisdiction in Certiorari cannot sit over as the court of Appeal. Since the impugned order of review passed by the Full Board is based on documentary evidence, the High Court Division in its extraordinary jurisdiction under article 102 of the constitution cannot interfere with the finding o...... a reference may be made to the decision in the case of the Government of Bangladesh Vs. Md. Jalil reported in 15 BLD (AD) 175 = 49 DLR (AD) 26. In that decision, it has been held in unmistakable terms that the High Court Division exercising power under article 102 of the Constitution does not w......lso Reported in: 17 BLC (HCD) (2012) 511. ..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ...... and unqualified by the contract of sale or underlying transaction and the autonomy of the same is required to be protected. The authorising or negotiating Bank is bound to pay when all papers as per terms and condition of the letter of credit are presented which appears to the issuing Bank to be co......l Appellate Jurisdiction) Present: Syed Md. Ziaul Karim J Md. Nuruzzaman J Dutex Enterprise Co. Ltd…………………………………………………Appellant Vs. RMS Textile and Apparels Ltd. and others……………..Respondents Judgment July 7, 2010. Result: ..Category: Business or Commercial Law | Date: | Hits: 365
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....case depends upon the existence of abnormal conditions unknown to the person who inflicts the injury. A person who voluntarily inflicts injury such as to endanger life must always, except in the most extraordinary and exceptional circumstances, be taken to know that he is likely to cause death. If t......e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......e Section 299 of the Penal Code which deals with culpable homicide requires that there should an intention to cause death or knowledge that death is likely to be caused as a result of such injury and there is nothing in the section which necessitates that the homicidal intention or knowledge mus..Category: Criminal Law | Date: | Hits: 66
....ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
......on No.6200 of 2009.
Judgment
Syed Abu Kowser Md. Dabirush-Shan J.- On an application under Article 102 of the Constitution of People's Republic of Bangladesh a rule was issued in the following terms:
Let a rule Nisi be issued calling upon the respondents to show cause as to why the Order N......BLD (HCD) (2010) 359.
..
Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....strong prima facie case against the accused petitioner for which without holding trial his innocence cannot be proved by an application under section 561A of the Code. The court should not, except in extraordinary circumstances, exercise it jurisdiction under section 561A of the Code of Criminal Pro...... the shop room in monthly rent basis from the accused No.3, Ragib Ahsan alias Manu Miah and started shoe business in the name of ‘New shoe Museum’ that at the time of sanction of loan, there were terms and conditions that the accused petitioner in due time must paid the loan but he failed to do ...... (Special Original Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Ragib Hasan Khan @ Munu………………………………Petitioner Vs. The State and another………………………………Opposite Parties Judgment July 6, 2009. Res..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ......was negetived by the Arthorin Adalat holding that Siemens is not a necessary party. The learned Advocate, further submits that the relieves sought for clearly indicate that these are in fact claim in terms of money and therefore one of the vital elements to get an order of injunction is that the all......ion (Civil Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul J Pubali Bank Ltd……………………………………………………….Appellant Vs. Contech Ltd. and others………………………………………..Respondents Judgment July 9, 2005. ..Category: Civil Law | Date: | Hits: 87
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ....... Iqbal Kabir, Advocates- As Amicus Curiae. Suo Motu Rule No.19 of 2010. Judgment AHM Shamsuddin Choudhury J. - The Rule under adjudication, issued suo motu, on 03-10-2010, was in following terms: “Let a Suo Motu Rule issue to show cause as to why the respondents, namely (1) Governmen......l Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J The State......................................................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April 3, 2011. Result: The Rule..Category: Constitutional Law | Date: | Hits: 642
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ......t between the parties. The Court would have then decided the appeal arising out of the application on merits. The parties, however, entered into a compromise and invited the Court to make an order in terms of the compromise, which the Court did. The time for deposit stipulated by the parties became ......: 61 DLR (HCD) (2009) 72. ..Category: Civil Law | Date: | Hits: 281
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......is a borrower of a loan of Tk. 21,19,830/- sanctioned by the respondent No.2, Rupali Bank, Mongla Port Branch in 3 phases and subsequently as the petitioner defaulted to pay the borrowed money as per terms and conditions of the sanction letter, the respondent bank on 29.4.2003 instituted Artha Rin S......sdiction) Present: Nozrul Islam Chowdhury Mohammad Ullah J Dr. S.M. Eunus Ali………………………………………Petitioner (Defendant-Judgment Debtor) Vs. Artha Rin Adalat and others………………………Respondents Judgment December 3, 2012. Result: The..Category: Civil Law | Date: | Hits: 254
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ...... fund by increasing its period or the capital. A fund is a trust and not a statutory creation. Its nature has been mentioned in the Rules and it is for the beneficiaries and the trustees to amend the terms of the trust subject, of course, to the requirement that such change will ensure to the benefi......se is also Reported in: 30 BLD (HCD) (2010) 49. ..Category: Business or Commercial Law | Date: | Hits: 462
....cted to pay the salary and other benefit to the petitioner in accordance with law.
10. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 19.
......ployed in any managerial, administrative, supervisory or solely clerical capacity.
14A. Retirement of a worker, etc.- (1) A worker of an enterprise shall, notwithstanding anything contained in the terms and conditions of his employment in any contract, rule, regulation, bye-law or other instrumen......t:
Mirza Hussain Haider J
Md. Rais Uddin J
Ranjit………………………….Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Jute, Bangladesh Secretariat, Dhaka and others……………………………….Respondents
Judgment
August 5, 2007.
Result:..
Category: Criminal Law | Date: | Hits: 143
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