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....tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
......igh Court Division
(Civil)
Present:
Sheikh Abdul Awal J
Md. Munsur Ali & others……………………..Petitioner
Vs.
Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others…………………..Opposite Parties
Judgment
August 5, 2009.
Result:
The ......r of the defendant Nos. 1-6 are forged, collusive, illegal and created by false personification and as such the same are in effective and not binding upon the plaintiffs and also for partition of the property as given in 'Ka', 'Kha' and 'Ga' schedule of the plaint stating, inter alia, that the suit ......tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
..
Category: Property Law | Date: | Hits: 66
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ...... (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......3 CR LJ 3537 SC that the Supreme Court reiterated that the exercise of the power by the High Court under section 561A to quash the prosecution at a stage when the trial had not even commenced was not proper. The inherent power under the section has to be exercised for the ends of justice and should ......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....ount of the respondents. The further case of the respondents is that the Siemens, the defendant respondent of the present appeal made part payment on two occasions and thereafter when the project was completed and full payment was realised by the Siemens they in collusion with the bank did not make ......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. ......ted against the judgment and order dated 30.11.2004 passed by the learned Joint District Judge, Dhaka, in Title Suit No.227 of 2004 passing an order to maintain status quo in respect of the mortgaged property of the defendant-respondents till the disposal of the suit. 2. The relevant facts in sho......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. ..Category: Civil Law | Date: | Hits: 87
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ...... (2009) 764. ...... by the learned Senior Assistant Judge, Borguna Sadar, Borguna in Title Suit No.115 of 1998 should not be set aside and or pass such other or further order or others as to this Court may seem fit and proper. 2. Short facts of the case are as follows: The opposite party No. 1 as plaintiff institut......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ..Category: Procedural Law | Date: | Hits: 69
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......eme Court High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J K M Hasan J Wahida Khan……………………Petitioner Vs. Shahar Banoo Ziwar Sultan and State……………………Opposite Parties Judgment May 15, 1994. Result: The Rul......y No.1 to show cause as to why the impugned proceeding in Kotwali Police Station Case No.6(2)79 should not be quashed or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts, as stated in the petition, in short, are that the present opposite party No......order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ..Category: Procedural Law | Date: | Hits: 71
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....y states (condition 1, page 54 of the affidavit in opposition of BGMEA) that BGMEA shall pay all the ten installments in five years failing which EPB may cancel the agreement. Records show that BGMEA completed the construction of the building in 2006 although the last payment was made by it only on ......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......riate steps against the concerned officials for failing to discharge their respective duties in accordance with law and/or pass such other or further order or orders as to this Court may seem fit and proper.” 2. As clippings from an English vernacular daily, named, New Age, published a feature ......owdhury, Anisul Huq, Manzil Murshed Ms. Syeda Rizwana Hasan, M. 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 issu..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......udgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ...... the Senior Assistant Judge, Brahmanbaria in pre-emption Miscellaneous Case No.6 of 1996 should not be set aside and/ or such other or further order or orders passed as to this Court may seem fit and proper. 2. The predecessor of Opposite Party Nos.1 to Sand predecessor of Opposite Party No.36 as......the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......alling upon the opposite party to show cause as to why the order dated 05.11.2006 passed by the learned District Judge, Chuadanga in Miscellaneous Execution Case No.14 of 2004 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Th......ssed by the learned District Judge, Chuadanga in Miscellaneous Execution Case No.14 of 2004 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioner Corporation filed Miscellaneous Case No.26 of 2003 as per provision of ......ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ..Category: Civil Law | Date: | Hits: 276
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. ......: 61 DLR (HCD) (2009) 72. ......ted 8-2-07 was set aside by subsequent order dated 11-3-07. 26. Mr. Khijir Ahmed could not but to accept that such application made under section 151 of the Code was not maintainable, at least not proper. He pressed for extension of time for deposit of the cost under section 148 of the Code befor......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. ..Category: Civil Law | Date: | Hits: 281
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......also Reported in: 61 DLR (HCD) (2009) 762. ......nder section 406/420/109 of the Penal Code, now pending in the Court of Magistrate, cognizance court No. 3 Jamalpur, should not be quashed and/or any other order passed as this court may seem fit and proper. 2. By the Rule issuing order dated 23-7-2007, all further proceeding of the said case wer......anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ..Category: Employment/Service Law | Date: | Hits: 238
MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)
....ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ......h Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J MM Shabbir Hasan………………….Accused-Petitioner Vs. State and others…………………….Opposite-Parties Judgment June 17, 2012. Result: The...... 1947 read with section 161 of the Penal Code pending in the Court of Chief Metropolitan Magistrate, Chittagong and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Mr. Md. Badrudduza the learned advocate appearing on behalf of the accused petitioner ......ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ..Category: Criminal Law | Date: | Hits: 151
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ...... Result: The Rule is made absolute. When the state does not raise any objection in such circumstances the High Court Division can certainly interfere, when the liberty of a citizen is curtailed and his valuable right of freedom is taken away by the order of the subordinate Court and the High C......he Court should avoid technicality. The High Court Division is empowered under 491 of the Code of Criminal Procedure, 1898 to set at liberty of the victim who is found to be detained illegally or improperly...................................(20) Cases Referred to- Khairunnessa Vs. Illy Begum......ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ..Category: Criminal Law | Date: | Hits: 176
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: ......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......uit No.14 of 2003 should not be declared to have been passed without any lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. By the Rule issuing order dated 22.3.2009 all further proceedings of Artha Jari Case N......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: ..Category: Civil Law | Date: | Hits: 254
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ....... ......t accused persons and in prosecution of its overt acts of the accused person flowed out as if in obedience to the command of a single mind………………………………..(48) The proof seems properly to mean anything which serves, either immediately or mediately, to convince the mind of the......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ..Category: Criminal Law | Date: | Hits: 153
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. ......se is also Reported in: 30 BLD (HCD) (2010) 49. ......owever, this is a Trust and it is for the trustees to decide whether to increase the fund or hot. Under section 36 of the Trust Act the trustees have authority to do all acts which are reasonable and proper for the realization, protection or benefit of the trust property. If bonus shares are issued ......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. ..Category: Business or Commercial Law | Date: | Hits: 462
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......oncerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. .........Petitioner Vs. Deputy Commissioner, Brahmanbaria and others....................Opposite parties Judgment August 28, 2007. Result: The Rule is made absolute. The law of enemy property died with the repeal of Ordinance No.1 of 1969 on 23.3.74 and no further vested property ca......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ..Category: Property Law | Date: | Hits: 155
....nation) Ordinance, 1986 which has been amended by Act No.XVH of 1994 inserting the definition of worker in section 2(c) and also inserting the age limit of retirement of such worker when he/she would complete 60 years of age by section 144. He submits that from the date of birth i.e. on 1.1.1949 the......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:......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.
......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.
..
Category: Criminal Law | Date: | Hits: 143
A. Aziz Mollick Vs. State, 2008, 37 CLC (HCD)
....manbaria on further undertaking to produce the same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. ......Code of Criminal Procedure at the instance of petitioner A. Aziz Mollick calling upon sole State opposite party to show cause as to why impugned order dated 4.10.2007 passed by learned Sessions Judge and Special Tribunal No.1 Brahmanbaria rejecting prayer of the petitioner under section 516 A of the......nbaria P.S. case No.4 dated 2.5.2007 and G.R case No.457 of 2007 under section 15(1)(3) Special Powers Act, 1974 should not be set aside or to pass such order or orders as this Court may deem fit and proper. 2. The matter being urgent, LC record was not called for. Service of notice on Sole State......manbaria on further undertaking to produce the same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. ..Category: Procedural Law | Date: | Hits: 194
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......ds. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......evidence with the confessional statement which are true and voluntary, and the learned Sessions Judge after considering the evidence on record rightly convicted the appellants. 19. For coming to a proper decision about sustainability of the impugned judgment and order of conviction and sentence w......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 170
Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....r home consumption, or on any goods entered for exportation, for the reason that the goods required chemical or other test or a further enquiry for purposes of assessment, orthat all the documents or complete documents or full information pertaining to those goods have not been furnished an office......Division (Special original Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Transfin Trading Ltd…………………………Petitioner Vs. The Commissioner of Customs and others……………………………Respondents Judgment October 11, 2010. Result:......pondents should not be directed to return bank guarantee No. BASB/LGREE/00001/2001 dated 23-3-2001 (Annexure 'H') and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Short fact relevant for disposal of the rule are that the petitioner is private limite......duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ..Category: Fiscal/Taxation Law | Date: | Hits: 194
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