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Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....e of Md. Ibrahim Vs. Md. Alauddin and others, wherein it has been held by his Lordship as follows: "In determination of question of facts the parties should not be allowed to lead evidence without proper pleadings. It is no longer a mere technicality that material facts should be specifically ple......Parties Judgment July 27, 1995. Result: The Rule is discharged. Cases Referred to- Ranjit Kumar Rakshit Vs. Sudhir Kumer Chowdhury, 38 DLR 39; Brahman Dutta Vs. East Punjab Province and others, AIR 1958 (Punjab) 351;27 DLR,423; Md. Ibrahim Vs. Md. Alauddin and others; Nurul Islam V......gation. This statutory provision of law is designed as a safeguard so that one cannot be taken by surprise by the other side at the time of trial." The submissions and the decision have definitely legal force, but in the present case those are not applicable as the facts and circumstances differ...Category: Property Law | Date: | Hits: 126
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....ondent No.3 as plaintiff on 11.7.85 instituted a suit in the Court of the 3rd Court of the subordinate Judge, Dhaka against the present defendant petitioner and others for declaration that the suit‑property described in the schedule of the plaint belongs to the plaintiff but the same was illegally......1996) 211. ......bordinate Judge, Dhaka against the present defendant petitioner and others for declaration that the suit‑property described in the schedule of the plaint belongs to the plaintiff but the same was illegally declared as abandoned property in spite of the fact that the plaintiff was always within thi..Category: Limitation Law | Date: | Hits: 211
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
....he suit is hopelessly barred by limitation, that the landlord Mohargja Shashi Kanta Achaijya Bahadur of Mymensingh being 16 annas owner settled the suit land in favour of the petitioner in 1347 BS on proper Nam Salami and since then she has being owning and possessing the same in her own right and a......t January 15, 1995. Result: The OC Appeal No.125 of 1986 are set aside. The OC Suit No.492 of 1981 is dismissed. Cases Referred to- Md. Naimuddin Sarder Vs. Md. Abdul Kalam Biswas and another, 39 DLR (AD) 237 and Bangladesh Vs. Israil Ali and others, 1981 BLD (AD) 371. Lawyer......tuted a suit for declaration against the petitioner as defendant for a declaration that the ex parte decree passed in Misc case No.142 of 1970 by the learned Munsif, Sadar Mymensingh is fraudulent, illegal, void and not binding upon the plaintiff, alleging inter alia that the suit land measuring 0.2..Category: Limitation Law | Date: | Hits: 239
Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
....ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ...... This Case is also Reported in: 48 DLR (HCD) (1996) 206. ......enal Code. The grievance of the petitioner is that since the ransom was not realised according to the FIR the framing of charge under section 4 of the Anti‑Terrorism Act against the petitioner is illegal as in the said Act which is a special law attempt has not been made an offence. The petitioner..Category: Criminal Law | Date: | Hits: 133
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
....of Additional District Judge, Pabna, for disposal and the said Court vide the impugned Judgment and decree granted letters of administration of the Will. 3. The case of the plaintiff is, that the property in question originally belonged to one Jogendra Bhushan Talukder who bequeathed the same to......t Nos. 1(a)-1(c). Appeal From Original Decree No. 34 of 1991. Judgment Syed Amirul Islam J.- This is an appeal under section 299 of the Succession Act by the defendants against the Judgment and decree of the learned Additional District Judge, 1st Court, Pabna, granting letters of administr......ce dead) by a registered Will. The usual residence of the testator was within the local limits of the Court and the property in question is situates within the jurisdiction of the Court. The will was legally and duly executed by the testator on 30th Falgun 1332 BS and the same was registered on 18.9..Category: Property Law | Date: | Hits: 183
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....urrence house are required to explain as to how the occurrence took place and who killed the deceased and the learned trial Court also made observations to the effect that the accused persons are the proper persons to explain as to how the occurrence took place. 7. It is not denied that Monowara ......ase is also Reported in: 48 DLR (HCD) (1996) 196. ......h Mr. Abdul Momen Chowdhury, the learned Advocate for the accused appellants, submits that the Judgment and order of conviction of the trial Court is based on surmises and conjectures and there is no legal testimony to connect the accused appellants with the murder of deceased Monowara Begum. He fur..Category: Procedural Law | Date: | Hits: 155
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
....rder dated 8-7-96 passed by the Sessions Judge, Brahmanbaria in Criminal Motion No.10 of 1996 should not be set aside or such other or further order or orders passed as to this Court may deem fit and proper. 2. President petitioner Jalaluddin Bhaiyan lodged an First Information Report at Kashba P......) (1999) 408. ......cal Union Parishad Chairman Abdul Hamid’s party with whom the informant has got enmity and at his instigation these persons attacked and murdered Rafiqul Islam on the informant’s refusal to pay illegal subscription in order to continue the construction for the market. Brahmanbaria police started..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....erbally and thus he had been declared as Elected Chairman illegally and then he sent written complaints to the authorities including Election Commission and that the Election Commission after holding proper inquiry directed for holding repoll at the aforesaid disputed centre and accordingly, on 10-3......e the Election Tribunal who filed the Election Petition stating, inter alia, that he contested the election of 8, Durgapur Union Parishad under PS Mirsarai, in the election that took place on 22-1-92 and that in the polling station of East Durgapur Primary School he secured 194 votes while the petit......ocal police station on the basis of which Mirsarai PS Case No.10(1)92 was started and that the opposite party Rezaul Karim later filed an application before the Election Commission alleging various illegalities in the election of Durgapur Primary School Centre and the Election Commission referred th..Category: Election Law | Date: | Hits: 248
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......CD) (1999) 400....... Body instituted a suit, being Other Class Suit No.254 of 1990, subsequently renumbered as Other Class Suit No.5 of 1997 for a declaration that the Memo dated 8-11-1990 reinstating the Principal is illegal. The opposite party No.1 also laid a suit being Other Class Suit No.199 of 1991, subsequently ..Category: Civil Law | Date: | Hits: 200
Sekandar Ali (Md.) Vs. Government of Bangladesh and others, 1990, 19 CLC (HCD)
.... connection with any other case. Accordingly the rule is made absolute. Let an advance order of release be issued as prayed for. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 346. ...... Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 346. ......ite and that nothing definitely or specifically was stated about his actual act which would fall under the definition of prejudicial act. So the detention on such vague and indefinite grounds was illegal. 5. Lastly, it was submitted that the extension order made by the Government was issued und..Category: Criminal Law | Date: | Hits: 117
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....t controverting and discussing those parts of the evidence which impressed the trial Court in coming to a contradictory finding. Hence this portion of the finding of the appellate Court is also not a proper judgment of reversal. 11. The appellate Court has found that the defendant-appellant is ...... sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344...Category: Property Law | Date: | Hits: 133
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
.... any written statement but contested the case. The case of the respondent was that the said Nabijan and her heirs were immigrants and their whereabouts were not known after liberation and as such the property in question is Abandoned Property and the alleged transfers were made without prior permiss...... (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mahmudul Amin Chaudhury J Fatima Begum (Mst.)....…........................Petitioner Vs. Government of Bangladesh and others.....................opposite parties Judgment October 25, 1989. Result: The R......the Court of Settlement under Abandoned Building (Supplementary Provisions) Ordinance, 1985 in Case No.13 of 1987 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner Mosammat Fatima Begum filed the said case before the Court of Se..Category: Labour and Industrial Law | Date: | Hits: 197
Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340.......sion (Special Original Jurisdiction) Present: Md. Abdul Jalil J Md. Badruzzaman J Sultana Jute Mills Ltd......................Petitioner Vs. Chairman, Labour Court, Chittagong and ors....................Respondents Judgment April 25, 1989. Result: The Rule is made......er was issued against a judgment and order dated 10.9.86 passed by the Chairman, Labour Court, Chittagong in I.R.O. Case No.41 of 1986 declaring the stoppage of work and subsequent lay-off as illegal and directing the petitioner to allow the workers-respondents to resume their normal works. ..Category: Labour and Industrial Law | Date: | Hits: 193
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....te party filed the suit for declaration of Title that the decree obtained in Title Suit No.206 of 1970 is fraudulent and inoperative and also prayed for a separate saham of 4 gondas share of the suit property. She also prayed for temporary injunction so that by putting the decree in execution she ......zizur Rahman Chowdhury with Md. Shamsul Hossain, Advocates—For the Opposite Parties. Civil Revision No. 43 of 1989. Judgment Qazi Shafiuddin J. - This Rule is directed against the judgment and order dated 23.1.1989 passed by the Subordinate Judge, Second Court, Sylhet in Title Suit No.147......order, no revision lies thereto under law. 4. Let us see what is meant by 'preliminary point'. The expression 'preliminary' in Order XLI, r.23, of the Civil Procedure Code is not confined to such legal points only as may be pleaded as a bar to a suit but comprehends all points or issues of fact ..Category: Civil Law | Date: | Hits: 205
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....ack to the learned Subordinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ......Registrar of Trade Union...................................Opposite Parties Judgment July 23, 1989. Result: The Rule is made absolute. Cases Referred to- Secretary of State Vs. Mask and Co., 44 C.W.N., 709; Wolverhampton New Water Works Company Vs. Hawkesford, 37 L.J. 248; Mian S...... amendment of plaint under Order 6, rule 17 of the Code of Civil Procedure for addition of a prayer for declaration that the alleged election held in violation of the Court's order was void and of no legal effect. The Assistant Judge rejected this petition also. On the same date i.e. 3.8.1988 the pl..Category: Labour and Industrial Law | Date: | Hits: 179
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....irkdale who also commenced their action in rem against the ship. The issue in that case, among others, was whether the oil which had been sold was part of the ship. In that case, the said oil was the property of Birkdale, the owner. In such circumstances, Sheen, J held as follows: "I have doubt t......neering Co. Ltd. Vs. mv Andrea Ursula (1973) 1 QB 265; David Morgan Vs. Steamship "Castlegate" (1893) AC 38, Owner Of "Arild" Vs. Societe Anonyme De Navigation Hovrani 1923 Lloyd's List Law Rep KB 50 and The "Yuta Bondarovskaya (1998) 2 Lloyd's Law Rep 357. Lawyers Involved: Tania Amir Advocat......6 Act was enacted it was the practice of the Admiralty Court to treat bunkers as part of the ship, unless they were shown to be the property of charterers." There is no dispute with regard to this legal position but the facts of this case differ substantially from that of the case in hand. In con..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Major (Retd.) M Asaduzzaman Vs. District Magistrate, Jessore and others, 1999, 28 CLC (HCD)
....ith effect from its date of expiry (if not already renewed) within 2(two) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 471.......ion (Special Original Jurisdiction) Present: Md. Fazlul Haque J Md. Abdul Matin J Major (Retd.) M Asaduzzaman……………………..Petitioner Vs. District Magistrate, Jessore and others…………………………Respondent Judgment June 21, 1999. Result: The R......use as to why the impugned order (Annexure-A) under Memo No.452(3)/JM dated 10-4-1988 passed by the Respondent No.1 shall not be declared to have been passed without any lawful authority and is of no legal effect and why the respondent No.1 shall not be directed to renew the said gun licence No.8 of..Category: Criminal Law | Date: | Hits: 132
....ll holding ownership. The suit land, according to the plaintiff, was wrongly recorded in the name of Suphir Kumar Lahiri in SA Khatian and, as such, it was listed illegally as vested and non-resident property in case No.159 of 1966-67. So the suit has been filed for declaration of title. Defendant G......tion.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470.......sion in the suit land and he is still holding ownership. The suit land, according to the plaintiff, was wrongly recorded in the name of Suphir Kumar Lahiri in SA Khatian and, as such, it was listed illegally as vested and non-resident property in case No.159 of 1966-67. So the suit has been filed fo..
Category: Property Law | Date: | Hits: 130
Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
....ed with the erstwhile tenant by the Court of Ward. Subsequently it was requisitioned and acquired by the DIT for the purpose of construction of Tejgaon-Gulshan Road. It further stated that out of the property acquired unutilised 13 acres of land was leased out by the RAJUK to Abdul Khaleque Munshi a......sion (Special Original Jurisdiction) Present: AMM Rahman J Md. Muzammel Hossain J Bhawal Raj Estate Court of Wards……………….Petitioner Vs. Rajdhani Unnayan Kartripakkha and another…………...Respondents Judgment August 12, 1998. Result: The Rule is disc......y the deed of release being 3092 dated 2-4-84 executed by respondent No.1 in favour of one Abdul Khaleque Munshi and others should not be declared to have been made without lawful authority and of no legal effect and why the respondent No.1, RAJUK should not be directed to cancel the plan approved, ..Category: Property Law | Date: | Hits: 248
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....parties. Further alleging that the previous executor Shyama Charan namely; 4th Executor who obtained the Letters of Administration in Probate Miscellaneous Case No.20 of 1959, already distributed the properties covered by will to the legal heir according to their proportionate share who are owning a.............of Administration by filing two separate written objections against the opposite party No.1 challenging his competency, integrity and that the next of kins were not made parties and those who are not legal heirs are made parties. Further alleging that the previous executor Shyama Charan namely; 4th ..Category: Property Law | Date: | Hits: 106
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