Judgment search - Chancery Law Chronicles

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Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)

....d, Ayub Khan, with his cousin's husband, Babul was returning home, was done to death by the accused petitioners. This case, after investigation, was sent for trial and thereafter, as per order of the Government, the trial was shifted to the Court of Druta Bichar Tribunal. When the trial was continue......umber of cases within a short span of time the judge may cause grievous fault resulting in a miscarriage of justice…………………………(17) Case Referred to- Muhibur Rahman Manik Vs. Bangladesh, 55 DLR 636; Abdul Kader Mirza Vs. Bangladesh, 56 DLR 31. Lawyers Involved: Saifudd......e is also Reported in: 61 DLR (HCD) (2009) 474. ...... (2009) 474. ..

Category: Procedural Law | Date: | Hits: 84

Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)

....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ...... any order as to costs. Cases Referred to Trans Oceanic Steamship Co. Ltd. Vs. Adamjee Insurance Co. Ltd., 46 DLR 23; Gladstone Wyllie Vs. Shahidi Trading Corporation, 10 DLR 307; Albert David (Bangladesh) Ltd. Vs. Brestern Shipping Company Ltd, 1983 BLD 3 =34 DLR 362; Karachi Steam Navigation......ng Corporation, 10 DLR 307; Albert David (Bangladesh) Ltd. Vs. Brestern Shipping Company Ltd, 1983 BLD 3 =34 DLR 362; Karachi Steam Navigation Vs. Ebrahim Gani, PLD 1957 (Karachi) 315; Konsumex Vs. Ananda and Co, AIR 1981 Calcutta 298; Chittagong Steamship Corporation Ltd. Vs. Central Insurance Comp...... Reported in: 61 DLR (HCD) (2009) 463. ..

Category: Limitation Law | Date: | Hits: 174

Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)

....ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......otice, if any order is passed, that will be violative of the principle of natural justice and as such the order cannot stand…………………………………………(7) Case Referred to- Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 46 DLR (AD) 1. Lawyers Involved: Mahbubu......��………………..Petitioner (Writ Petition No.614 of 1998) Nuruzzaman……………………………..Petitioner (Writ Petition No.689 of 1998) Vs. Secretary, National Sports Council and others………………………….Respondents (In both to Writ Petitions) Judgment May ......dul Aziz J Mir Daulat Hossain…………………………..Petitioner (Writ Petition No.614 of 1998) Nuruzzaman……………………………..Petitioner (Writ Petition No.689 of 1998) Vs. Secretary, National Sports Council and others………………………….Respondents (In b..

Category: Employment/Service Law | Date: | Hits: 100

Abdul Quader Farazi Vs. Chief Election Commissioner, Bangladesh & others, 1998, 27 CLC (HCD)

....dul Quader Farazi obtained this Rule calling upon the respondents to show cause as to why the order passed by the Election Commission dated 3‑2‑1998 for holding fresh poll in No.76 Uttar Lengutia Government Primary School Centre of Jangalia Union under Mehendiganj Police Station should not be de......Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Md. Abdul Aziz J Abdul Quader Farazi………………………..Petitioner Vs. Chief Election Commissioner, Bangladesh & others………………………Respondent Judgment June 28, 1998. Result......iding officer or the returning officer did not make any complaint as to the manner of the voting, but from the result, the total votes appeared to have been so received by the petitioner figuring 876 and the number of total valid votes being 870, the obvious conclusion is that rigging took place. In......98) 636. ..

Category: Election Law | Date: | Hits: 591

FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)

....cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......cree passed by the Artha Rin Adalat…………………………(10) Case Referred to- Zahirul Islam Vs. National Bank Ltd. 46 DLR (AD) 191; Gazi M Towfic Vs. Agrani Bank, 54 DLR (AD) 6; Bangladesh Agricultural Development Corporation (BADC) Vs. Artha Rin Adalat, 59 DLR (AD) 6. Lawye......Garments (Pvt.) Ltd…………Petitioner Vs. Artha Rin Adalat, Dhaka .......Respondents Judgment April 23, 2008. Result: The Rule is discharged with a cost of Taka 5,000 (five thousand). Application of writ juridiction against the judgment and decree passed by the Artha Rin Ada...... 61 DLR (HCD) (2009) 223. ..

Category: Civil Law | Date: | Hits: 170

Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)

....estion. When a civil case is pending before any Court, writ petition involving the same property is not maintainable……………………………(13) Case Referred to- Faridsons Ltd. Vs. Government of Pakistan, 13 DLR (SC) 233; Nawabkhan Abbaskhan Vs. State of Gujrat, AIR 1974 (SC) 1471....... ...... This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......09) 214. ..

Category: Property Law | Date: | Hits: 107

Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)

.... Laksham Road, Comilla Town, Police Station-Kotwali, District-Comilla and others…………………………Respondents Judgment May 16, 2006. Result: The Rule is made absolute. The Government Servants' (Discipline and Appeal) Rules, 1985; Rule 10(8) The Inquiry Committee while ......llow the Government Servants (Discipline and Appeal) Rules, 1985 but in that case such a Statutory Body must follow the same in full and not in part………….(17) Case Referred to- Chairman, Bangladesh Council for scientific and Industrial Research (BCSIR) and another Vs. Abdul Khaleque, 43......ecial Original Jurisdiction) Present: Tariq-ul Hakim J Afzal Hossain Ahmed J Md. Shafiqul Islam, son of late Sekendar Ali, village-Uttar Chartha, Police Station Kotwali, District-Comilla and Section Officer (now dismissed), College Section, Board of Intermediate and Secondary Education,......ha, Police Station Kotwali, District-Comilla and Section Officer (now dismissed), College Section, Board of Intermediate and Secondary Education, Comilla……………………………Petitioner Vs. Board of Intermediate and Secondary Education, Comilla, represented by its Chairman, Laksham ..

Category: Labour and Industrial Law | Date: | Hits: 2706

Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 2010, 39 CLC (HCD)

....re not genuine, this decree prove the fact that the defendants are in possession and their khatians were prepared legally as that have not been cancelled and the defendants are paying rents and other Government taxes and revenue regularly. ………………………(16) Statements of written s......nts the learned Judge declared the suit land vested in the Government. 18. If it is be true, then it required Government to file a suit for partition. It appears that some of the land was given to Bangladesh Betar. We do not understand why Government did not produce any evidence or adduce any wit......gree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ...... (2010) 194. ..

Category: Property Law | Date: | Hits: 80

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......nder review and thus he prays for allowing the present appeals and acquitting the appellants. 79. In this regard we may profitably refer Article 111 of the Constitution of the People's Republic of Bangladesh in the following lines: "111. The law declared by the Appellate Division shall be bind......ablishment of charge against accused lies upon prosecution which must prove charge substantially as laid down i.e. to prove to guilt beyond all reasonable doubt on strength of clear, cogent, credible and unimpeachable evidence. Proof of charge must depend upon judicial evaluation of totality of evid......) (2009) 54. ..

Category: Criminal Law | Date: | Hits: 85

Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)

....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......rom the possession of convict Moniruzzaman and Rupee 180 from the possession of convict Abbas Ali; on interrogation the convict appellants confessed that they were involved in smuggling between Bangladesh and India and they also disclosed that Anisur, Giasuddin and Rustom Ali were also involve......nce. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ...... (2012) 477. ..

Category: Criminal Law | Date: | Hits: 84

AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)

....st the detenu and as such the same is not warranted under preventive detention. 3. A counter affidavit has been filed by an Assistant Secretary, Security Section of the Ministry of Home Affairs, Government of Bangladesh admitting that the criminal case is pending against the petitioner in S...... Division (Dhaka) (Criminal Miscellaneous Jurisdiction) Present: Latifur Rahman J AM Mahmudur Rahman J AKM Azizul Haque.......................Petitioner Vs. The Govt. of Bangladesh..............Opposite Party Judgment July 10, 1989. Result: This Rule is ma......er Vs. The Govt. of Bangladesh..............Opposite Party Judgment July 10, 1989. Result: This Rule is made absolute. The Special Powers Act, 1974 (XIV of 1974); Section 2 (f) and 3 Presence of a specific criminal case against the detenu for detention When there is a ...... Court High Court Division (Dhaka) (Criminal Miscellaneous Jurisdiction) Present: Latifur Rahman J AM Mahmudur Rahman J AKM Azizul Haque.......................Petitioner Vs. The Govt. of Bangladesh..............Opposite Party Judgment July 10, 1989. Result..

Category: Criminal Law | Date: | Hits: 66

Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)

.... judgment and order passed by the Courts below strenuously argued that the pre-emptors were not the owner of the contiguous land since the land in SA Plot No.407 and SA Plot No.408 is intervened by a Government road and, as such, there was no contiguity in between the land owned by the pre-emptor an......having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ...... High Court Division (Civil Revisional Jurisdiction) Present: AFM Abdur Rahman J Syed Ghulam Shahriar……………………Pre-emptee-Appellant-Petitioner. Vs. Md. Abdur Mannan and 14 others………………………Pre-emptors-Respondents-Opposite-Parties Judgment Augu......l here. Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: AFM Abdur Rahman J Syed Ghulam Shahriar……………………Pre-emptee-Appellant-Petitioner. Vs. Md. Abdur Mannan and 14 others………………………Pre-emptors-Respondents-Opposite-Par..

Category: Property Law | Date: | Hits: 88

Romisa Khanam Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....rt Division (Special Original Jurisdiction) Present: MA Rashid J Md. Ashfaqul Islam J Romisa Khanam …………………Petitioners Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others ……………………………Respondent......risdiction) Present: MA Rashid J Md. Ashfaqul Islam J Romisa Khanam …………………Petitioners Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others ……………………………Respondents Judgment May 20, 2008. R......h Court Division (Special Original Jurisdiction) Present: MA Rashid J Md. Ashfaqul Islam J Romisa Khanam …………………Petitioners Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others ……………………………Respo......2009) 18. ..

Category: Property Law | Date: | Hits: 120

Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)

.... and others, 18 DLR 198; Maran Monad and others Vs. Assistant Custodian of Vested & Non-Resident Properties (L&B) and others, 3 MLR 18; Islamic Republic of Pakistan through Defence Secretary, Government of Pakistan Karachi Vs. Nazar Din Khattak & Sons, 21 PLD (Peshawar) 313; Harish Chand......vernment of Pakistan Karachi Vs. Nazar Din Khattak & Sons, 21 PLD (Peshawar) 313; Harish Chandra Bajpai Vs. Triloki Singh (S), AIR 1957 SC 444; Secretary, Ministry of Food Division, Government of Bangladesh, Dhaka and others Vs. MF Limited, a Private Company Limited, 44 DLR (AD) 166; Pratap Sing......��…………………Respondents Judgment September 14, 2003. Result: The Election Petition is allowed. Whether submission of the expenses return is substantial compliance of the law and swearing of the affidavit at the end of the return is a mere formality. The swearing of an a......3) 655. ..

Category: Election Law | Date: | Hits: 300

Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....t: Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Aminur Rashid Chowdhury………………………………………….Petitioner Vs. Government of Bangladesh and others...................Respondents Judgment April 26, 2012. ......l Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Aminur Rashid Chowdhury………………………………………….Petitioner Vs. Government of Bangladesh and others...................Respondents Judgment April 26, 2012. Result: The......ah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Aminur Rashid Chowdhury………………………………………….Petitioner Vs. Government of Bangladesh and others...................Respondents Judgment April 26, 2012. Result: The leave is g...... Present: Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Aminur Rashid Chowdhury………………………………………….Petitioner Vs. Government of Bangladesh and others...................Respondents Judgment April 26, 20..

Category: Civil Law | Date: | Hits: 182

Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)

....ent. But in order to ensure an independent enquiry, it must be conducted by a committee as defined in the guidelines laid down in the case of Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh and Others in Writ Petition No.5916 of 2008. Guideline -9 (a)..............nough to include the allegations like sexual abuse/harassment. But in order to ensure an independent enquiry, it must be conducted by a committee as defined in the guidelines laid down in the case of Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh and Others in Wri...... 6; 61 DLR (HCD) (2009) 744 ......ision (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Prof. Serajul Islam Chowdhury and others………………………………Petitioner Vs. Jahangirnagar University and others……………………………….Respondents Judgm..

Category: Employment/Service Law | Date: | Hits: 169

Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)

....ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ......9. ......ivil Revisional Jurisdiction) Present: Sheikh Abdul Awal J M Moazzam Husain J Moniruzzaman (Md.)……………………Petitioner Vs. Bangladesh House Building Finance Corporation and others……………………Opposite-Parties Judgment July 12, 2010. Result: The......011) 239. ..

Category: Property Law | Date: | Hits: 127

Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)

....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......ed in: 16 BLC (HCD) (2011) 237. ......gh Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Rezaul Haque J Md. Moinul Islam Chowdhury J Sk Shayeed-ul-Amin and others………………………Petitioners Vs. State………………………Opposite-Party Judgment August 3, 2010. Result: T..

Category: Criminal Law | Date: | Hits: 102

Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)

.... pathway by making various constructions giving rise to the cause of action for the suit. 4. Defendant Nos.1, 2 and 4 contested the suit by filing separate written statements. The defendant No.3 Government filed a written statement but refrained from contesting. The defence contention is that...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ...... Vs. Muzammel Khan & Others........................Opposite Parties Judgment April 30, 1989. Result: The rule is discharged. The Easements Act, 1882 (V of 1882); Section 13, 15 and 41 The Limitation Act, 1908 (IX of 1908); Section 26 Right of easement invades upon the......) (1990) 167. ..

Category: Civil Law | Date: | Hits: 189

Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)

..... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ......case, the said finding cannot be interfere with in the revisional Jurisdiction………………(13) Cases Referred to- Abdus Samad Khan Vs. Wajed Ali Fakir, 44 DLR 495; Shambhu Nath Poddar Vs. Bangladesh Railway, 43 DLR (AD) 83. Lawyers Involved: Nikhilesh Dutta, Advocate - For the Peti......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: SM Emdadul Hoque J Nur Mohammad……………………Defendant-Appellant-Petitioners Vs. Serajul Islam and others………………………Plaintiff-Respondents Judgment February 9, 2012. Resul...... (HCD) (2012) 491. ..

Category: Property Law | Date: | Hits: 134

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