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Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....short, is that the plaintiffs 1 and 2 are full brothers. Plaintiff 1 took settlement of 2.05 acres land from plot 545/51. Plaintiff 2 took settlement of 0.66 acres land from same plot i.e. 545/51 and so also plaintiff 2 took settlement of 1.39 acre land from plot 1521/545173 on the same date being 1......charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447.......d 22-11-88. The Subordinate Judge, Maherpur allowed Title Appeal 154 of 1989 preferred by the defendant Government, by its impugned judgment dated 19-6-90 and set aside the judgment and decree of the trial Court and dismissed the suit for permanent injunction. 3. Case of the plaintiffs, now pe...... Vs. Bangladesh…………….Opposite Party Judgment April 20, 1998. Result: The Rule is discharged. Cases Referred to- Rafizuddin Ahmed Vs. Mongla Barman and others, 43 DLR (AD) 215; Kalyan Krishna Goswami Vs. Madhyapara High School and another, 15 BLD 5..Category: Property Law | Date: | Hits: 103
Muslim Ali (Md.) Vs. Dhaka Bar Association and others, 1998, 27 CLC (HCD)
....preme Court High Court Division (Special Original Jurisdiction) Present: AMM Rahman J Md. Muzammel Hossain J Muslim Ali (Md.)………...............Petitioner Vs. Dhaka Bar Association and others……...........…….….Respondents Judgment July 21, 1998. Result:......ervice for such comments. Thereafter, he applied to the Dhaka Bar Association for revival of his membership and the Bar Association on 27-10-1997 treating a former member of the Dhaka Bar Association called from him the judgments & orders of the Administrative Tribunal and the Appellate Administ......n as quickly as possible. For the aforesaid reasons and with the aforesaid observation I reject this petition in limine. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 446. ......t High Court Division (Special Original Jurisdiction) Present: AMM Rahman J Md. Muzammel Hossain J Muslim Ali (Md.)………...............Petitioner Vs. Dhaka Bar Association and others……...........…….….Respondents Judgment July 21, 1998. Result: The pe..Category: Others | Date: | Hits: 143
Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
....is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ......entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ...... the shop of the defendant and when the defendant was going to arrange a ‘darbar’ for recovery of the said amount, the plaintiff brought this false suit which is liable to be dismissed. 4. The trial Court recorded the evidence of 5 P.Ws. as against 3 D.Ws. and upon conclusion of trial of the ......— For the Petitioner. Goutom Kumar Roy, Advocate — For the Opposite Party. Civil Revision No.1984 of 1996. Judgment Md. Iftekhar Rasool J.- This Rule is directed against the judgment and decree dated 3-6-1996 and 10-6-1996 respectively passed by the District Judge, Netrakona in Fami..Category: Family Law | Date: | Hits: 230
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
....ng the pendency of the matter the Bangladesh Shilpa Rin Sangstha briefly BSRS appeared in the matter on 8.3.89 by filing a power as one of the creditors of the said Company and the Rupali Bank Ltd. also filed a power on 14.11.89 in the matter as one of the creditors; that the matter remained pending......er which its Writs shall run. It may specify the persons in respect of whom the judicial power to hear and determine will be exercisable. These are all matters which are commonly comprised in what is called the jurisdiction of the Court. It expresses the concept of the particular res or subject matt...... all the properties and assets of the Company‑in‑liquidation wherever situated in Bangladesh. 3. The further facts necessary for disposal of the appeals are that in the year 1966 Pakistan Industrial Credit and Investment Corporation Ltd. briefly PICIC, predecessor‑in‑interest of the BSRS,...... Result: Both the appeals are allowed. Cases Referred to- Food Controller Vs. Cork, 1923 AC 647; Kennedy 1896(1) Ch. Division 762; 1897 AC 80; 1895 to 99 All ER (reprint) 408; MK Ranganathan and another Vs. Govt. of Madras and others, AIR 1955(SC) 604; Buldeo Narain Singh Vs. United Indian ..Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....677, 690 and 681 originally belonged to Wazir Bibi and by inheritance, transfer and abandonment of the tenancy Shamsun Nahar Begum, Syed Mohammad Abdul Motaleb and Abdul Hamid became owners and possessors of the same. Thereafter Abdul Hamid orally gifted his share to his cousins, petitioner Nos.1‑......ion of the disputed land to the petitioners in spite of ir4ipt of the said report and map. Thereafter on the application of the petitioners Secretary, Ministry of Land Administration and Land Reforms called for a report from the Additional Deputy Commissioner (LA) Dhaka who by Memo. dated 29.11. 198......1.11.1954 original Gazette Notification dated 4.10.1951 was amended deleting "for Diplomatic Colony." Thereafter 20 acres of the said acquired land was made over to the Bangladesh Scientific and Industrial Research Council in 1955 and remaining 12.50 acre of land remaining unutilized must be deemed ......ed in: 44 DLR (HCD) (1992) 447. ..Category: Property Law | Date: | Hits: 121
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
....on and sentence passed by Mr. SM Jamshedur Rahman, Additional Sessions Judge, Netrokona in Sessions Case No.297 of 1984. 2. The relevant facts of the case as stated in court by P.W.1 Abdur Rashid, son of the informant Abdul Hamid Khan (now deceased) is that on the night following 8th Sravan, 1389...... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441.......lleged that the charge is defective and there is misjoinder of charges. He submits that the case should have been stopped and the accused appellants released, under section 339C CrPC, as the time for trial of the case expired long before the date of judgment and the conviction is thus illegal and wi......ported in: 44 DLR (HCD) (1992) 441...Category: Criminal Law | Date: | Hits: 112
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....2 of the Penal Code for committing murder of Nirendra Nath. All the fourteen accuseds were charged under section 148 of the Penal Code for committing riot on the disputed plot No.2718 and they were also charged under section 302 read with section 34 of the Penal Code for committing murder of Amirudd......r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......Bakkar alias Abu Bakkar Siddiq, Fazir Mohammad, Lokman, Mohiuddin alias Moinuddin and Md. Mofazzal Hossain being appellant Nos.1 to 7 before us and seven other accuseds since acquitted were placed on trial before the Court of the Sessions Judge, Dinajpur in Sessions Case No.18 of 1987. 2. Appe......rted in: 44 DLR (HCD) (1992) 431...Category: Criminal Law | Date: | Hits: 86
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
....)(g) of the Local Government (Union Parishads) Ordinance, 1983 (hereinafter referred to as the said Ordinance). The objection was overruled. Before the Appellate Authority similar objection was also raised but it was not accepted. Thereafter, election was held and on 18.6.88 the Gazette Notifi......lf or in any other papers some time limit must be given to repay the loan and if the loanee fails to fulfil the terms of the contract and fails to repay the loan within the stipulated time, he may be called a defaulter. There is no averment in the plaint of the suit (Annexure-D) as to the terms and ...... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543....... (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Abu Taher Miah....................................Petitioner Vs. Farazuddin Sarker and others.........................................Respondents Judgment June 13, 1989. Resu..Category: Election Law | Date: | Hits: 216
....of the case the Administrative Tribunal passed the following order on 3.11.85:-
"So, in view of the Government commitment that the Gradation List is going to be published within 2 months and also of the fact that sufficient posts are still vacant to which incumbents senior to the O.Ps. may be......unal, be binding on the parties concerned."
12. Section 10 provides that subject to this Act, no proceedings, order or decision of a Tribunal shall be liable to be challenged, reviewed, quashed or called in question in any Court Section 11 provides that the provisions of this Act shall have effec...... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538.......ecial Original Jurisdiction)
Present:
Mustafa Kamal J
Md. Mozammel Hoque J
Saifur Rahman..................Petitioner
Vs.
Bangladesh through the Secretary, Ministry of Agriculture and others...............Respondents
Judgment
June 12, 1989.
Result:
The Rule is dischar..
Category: Administrative Law | Date: | Hits: 445
Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
....dgment Anwarul Hoque Choudhury J.- This is an application under section 76 (3) read with section 79(3) and section 281 of the Companies Act, 1913. 2. This application was moved by Fazal Mahmud, son of late MA. Muquit who is a Director and share-holder of the respondent No.1 company namely th......nted for this purpose by this Hon'ble Court, the holding of those two meetings were illegal and had no legal basis as once a default has been made in holding the Annual General Meeting it can only be called and validly held thereafter as per orders of this Court in exercise of the powers under secti......nce in this application which is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 529.......amp; Others ..................................Respondents Judgment May 3, 1989. Result: The application is dismissed. Case Referred to- Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companies and another, 39 DLR 1987, 1. Lawyers Involved: ..Category: Business or Commercial Law | Date: | Hits: 352
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....Rifle ammunition, 2 daggers about 11" in length, 1 military khaki full shirt with Tiger mark in the left arm and one military cap, to the effect that on 11.9.73 at about 9 A.M. the three accused persons produced before the Police Station on arrest, were loitering around the J.R.B. camp when compla......e military cap, to the effect that on 11.9.73 at about 9 A.M. the three accused persons produced before the Police Station on arrest, were loitering around the J.R.B. camp when complainant Aftabuddin called them and asked them as to why they were so loitering to which they could not give any satisfa...... Powers Act. 3. The accused pleaded not guilty and it is their further case that no such recovery took place and the confessional statement is the result of coercion and intimidation. 4. At the trial, the prosecution examined 7 witnesses. The defence none. The learned Court after recording t......or the State. Criminal Appeal No.137 of 1986. Judgment Anwarul Hoque Choudhury J.- This appeal by the convicted appellant Kazi Ibrahim alias Ibrahim Kazi is directed against the judgment and order dated 19.5.86 passed by the Special Judge, in Special Tribunal Case No.30 of 1984 convic..Category: Criminal Law | Date: | Hits: 97
......................Petitioner
Vs.
Government of the Peoples Republic of Bangladesh & another....................Respondents
Judgment
November 30, 1988.
Result:
The Rule is made absolute.
Cases Referred to-
AIR 1974 (Supreme Court) 116; 40 DLR (AD) 178; 40 DLR 193; AIR 1......a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 345.
......out jurisdiction as the Respondent No.1 the detaining authority could not take recourse to parallel and simultaneous proceedings, nor could it take recourse to a ground which is a subject-matter of trial in a criminal case. This Court issued Rule on 6.11.88. In this case no affidavit-in-opposition...... AIR 1974 (SC) 1161; 40 DLR 193(High Court); 20 DLR 1968 1005; A.K.M. Shamsuddin Vs. Government of Bangladesh, 28 DLR 1976 117; 40 DLR (AD) 178; Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others.
Lawyers Involved:
Mainul Hosein with Joynal Abedin, Advocates - For Petitioner.
..
Category: Criminal Law | Date: | Hits: 100
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
....se, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ......ellaneous Appeal No. 12 of 1983). First Miscellaneous Appeal Nos. 12 & 15 of 1983. Judgment MS Ali J.- These two Miscellaneous Appeals are directed against the same order of remand for retrial, dated 15-8-83 passed by Mr. S.B. Haque, District Judge, Kushtia in Title Appeal No.118 of 198...... Kharshed Ahamed & others.............................Respondents Judgment September 2, 1984. Result: The application for revision is allowed. Cases Referred to- Seth Nanhelal and another Vs. Umrao Singh and another, 35 CWN 381 (387); Jyotish Chandra Chakraborty Vs. Hem Cha..Category: Property Law | Date: | Hits: 115
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....ged non-delivery of the drums by the Port Trust and the Port Trust was liable for the same. Defendant No.3, the Trustee of the Port of Chittagong contested the suit denying their liability and they also denied the allegations made in the plaint. The case of the defendant No.3 was that they issued ou......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ...... of the defendant No.3 was that they issued out-turn report and short landing certificates and as such they were not liable for the loss and the suit is liable to be dismissed against them. 4. The trial Court decreed the suit against the defendant Nos.1 and 2 and dismissed against the defendant N......ents Judgment January 31, 1989. Result: The appeal is allowed. Cases Referred to- Trustees of Chittagong Port Vs. Sadharan Bima, 32 DLR 99; Chittagong Port Authority Vs. Md. Ishaque and others, 35 DLR (AD) 364. Lawyers Involved: M. Fazlul Karim, Advocate - For the appellant. ..Category: Business or Commercial Law | Date: | Hits: 397
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....zzaman Khan……….………Petitioner Vs. Shahidul Alam Khan and others…....……….Opposite Parties Judgment February 25, 1998. Result: The Rule is made absolute. Cases Referred to- Seati Bibi Vs. Jogendra Nath, 57 IC 593; Abdul Aziz Vs. Abdul......t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......being a business between the parties who happened to be close relations, the defendant made the constructions and was doing the business there. 4. On consideration of the evidence on record the trial Court decreed the suit in favour of the plaintiff-opposite party. 5. Being aggrieved by ......(1999) 393. ..Category: Property Law | Date: | Hits: 101
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
....own the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ...... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ......is title to the suit land and for khas possession after demolition of the structures standing thereon. The suit was contested by the defendant Nos.1-3 by filing a written statement. After hearing the trial Court decreed the suit of the plaintiff by his judgment and decree dated 14-1-1964. Against th......9) 390. ..Category: Property Law | Date: | Hits: 94
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....ng out of Ramu Police Station Case No.12 dated 27.4.1998 corresponding to G. R. No.36 of 1998 convicting the appellant under section 302 of the Penal Code and sentencing him thereunder to suffer imprisonment for life with a fine of Taka 5000/-, in default to suffer rigorous imprisonment for six mont......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......st the sole appellant under the same penal section. In the charge sheet, the previous crime report of the appellant found to be nil and his age was not mentioned. 4. The case after being ready for trial, was sent to the Sessions Judge, Cox’s Bazar and was numbered as Session Trial Case No.119 o......ya………………………Appellant Vs. The State…………………………Respondent Judgment February 26, 2012. Result: The criminal appeal is dismissed with the alteration and modification. Lawyers Involved: Z. I. Khan Panna with Md. Nurul Islam, Advocates - For the..Category: Criminal Law | Date: | Hits: 102
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....996 passed by the Sessions Judge, Munshiganj in Session Case No.1 of 1994 convicting the appellants under section 489B of the Penal Code and sentencing each of them thereunder to suffer rigorous imprisonment for ten years with a fine of Taka 2000/- for each in default to suffer rigorous imprisonment......in Session Case No.1 of 1994 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: ......er could not be recorded. However, the police, after investigation submitted charge sheet on 17.11.1993 against both the appellants under the same penal sections. 3. The case after being ready for trial, was sent to the Sessions Judge, Munshiganj and was registered as Session Case No.1 of 1994. T......- For respondent (In both the appeals). Criminal Appeal No.1046 of 1996 with Criminal Appeal No.25 of 1997. Judgment Md. Ruhul Quddus J.- These Criminal Appeals are directed against judgment and order dated 24.6.1996 passed by the Sessions Judge, Munshiganj in Session Case No.1 of 1994 conv..Category: Criminal Law | Date: | Hits: 111
....erred to-
AIR 1951 (SC) 41, Charanjit Lal Chowdhury Vs. The Union of India and others; AIR 1952 (SC) 75, The State of West Bengal Vs. Anwar Ali Sarker and another; AIR 1963 (S.C) 268, J Pandurangarso Vs. The Andhra Pradesh Public Service Commission, Hyderabad and another; AIR 1974 (SC) 1300, The ......egarding their basic differences with others, and if the differences are identified, then person or things may be classified into different categories according to those distinctions. This is what is called permissible criteria or 'intelligible differentia’. The legislature while proceeding to......is regard Mr. Hosein has also cited the decision reported in AIR 1953 (SC) 244, judgment by a Division Bench, comprised of their Lordships Mohajan and Bhagwati, JJ. This case related to the method of trial sought to be adopted in connection with the offences said to have been committed and made puni......ers...............Respondents
Judgment
February 17, 1990.
Result:
The Rule was made returnable.
Cases Referred to-
AIR 1951 (SC) 41, Charanjit Lal Chowdhury Vs. The Union of India and others; AIR 1952 (SC) 75, The State of West Bengal Vs. Anwar Ali Sarker and another; AIR 1963 (S..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
....ction 44A (1) of the Code imply. 4. Mr. Asrarul Hossain, the learned Advocate appearing for the petitioner, submits that the District Court includes not only the Court of the District Judge, but also the Court of the Subordinate Judge as the jurisdiction of each of them extends subject to the pro......ction 3(1) of the Act. Section 2(4) of the Code reads as follows:- "2. (4) "district" means the local limits of the jurisdiction of a principal Civil Court of original jurisdiction (hereinafter called a "District Court"), and includes the local limits of the ordinary original civil jurisdictio......ire to be heard, or of its own motion without such notice, the High Court Division or the District Court may at any stage, (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or ......ur Rahman...........................Opposite Party Judgment February 11, 1990. Result: The rule is discharged. Cases Referred to- Indian General Investment Trust Ltd. Vs. Sri Ramchandra Mardaraja Doo, Raja of Khalikote, AIR 1952 (Cat) 508. Lawyers Involved: Asrarul Hossain..Category: Procedural Law | Date: | Hits: 168
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