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Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ......ases Referred to- Joy Kumar Dutta and others vs Sitamath Dutta, 4 DLR 400; Sudhir Chandra Singha Sarma and others vs Debesh Kumar Singh Sarma 13 DLR 232; Md Abdur Rahman Bhuiyan vs Prafulla Chandra Majumdar 13 DLR 865; Maheschandra Das Choudhury vs Mukunda Chandra Das 14 DLR 347; Pe......benefit of all the family members. There is not a scrap of paper such as dakhila showing payment of rent in the name of ejmali family or any other document to show that really Raj Kumar was in management of the family as karta after the death of his father". Curiously en..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ......share and the defendant No. 4 got the southern room in his one-third share and thus they began to possess the said rooms through different tenants. The defendant No.l, a practising Mukhtear was engaged by the pro-defendant No. 3 as a private tutor for his son Nuruzzaman and allowed him to reside..Category: Property Law | Date: | Hits: 69
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ......eness of head, unsoundness of mind or even partial derailment of brain will not entitle one to claim exemption from criminal liability under section 84 PPC. Uncontrollable impulse coexisting with the full possession of the reasoning powers is no defence in law. Existence of delusions which indicate ......bdun Noor and she died instantaneously on the spot. The accused then injured his shala Tahid Ali by dao blows and also gave dao blows to his mother Liljan Bibi. He also gave dao-blows to one Raibanoo aged about 6 years and she died on the spot. The accused then gave dao-blows to one Shurjan Bibi and..Category: Criminal Law | Date: | Hits: 81
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ......suit was not maintainable in view of acquisition of the rent receiving interest. The plaintiff respondent also filed a cross appeal claiming that the learned Munsif should have decreed the suit in full in favour of the plaintiff on the ground that the korfa interest under the revenue sale law wa......e said provision and the court erred in failing to consider the said aspect of the case. Mr. Ahmad in this connection has referred me to certain findings of the courts below. The learned Munsif at page 14 of the paper book finds as follows: "It appears from the report, field bo..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ...... proved to say things according as he is tutored and, therefore, be is not a dependable witness and he should not be relied upon for upholding the conviction and the sentence of death. We have carefully examined this criticism in its proper context and we do not find any substance in this conten......ate Vs Purna Chandra Mondal 22 DLR 289; Abdul Gani and another vs State, reported in 16 DLR; Khadim vs. The Crown, reported in 1954 PDL (Lah) 69; Quine vs Leatham, reported in (7907; A.C. 495, at page 506. Lawyers Involved: ATM Masud, Deputy Legal Remembrancer with Md Batin—F..Category: Criminal Law | Date: | Hits: 154
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......tter dated 6-9-95 (Annexure-C) Bangladesh Bank informed petitioner No.1 that the matter of approval is under consideration of the Bank. By letter dated 25-10-95, Bangladesh Bank wanted to know the full particulars of a11 the proposed nominee-directors. The matter rested there for the moment. ......submissions of Dr. Rahman are correct. 11. An express permission was given by the letter of the Bangladesh Bank dated 13-3-96 (Annexure-F) but, Dr. Rahman submits, that letter was a surplusage because petitioner Nos. 2-5 already came under the umbrella of relaxation made by the Gazette ..Category: Business or Commercial Law | Date: | Hits: 96
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......he case of the appellant it was found by the learned Judges that the present custody of the victim girl could not be said to be unlawful but the same Bench sat on judgment over the same matter having full notice of its own finding, and, what is worse, suo motu found that they “do not find any lega......t a young girl who is an innocent victim of the alleged offence should remain in an unwholesome atmosphere of a jail for an indefinite period. The victim girl on medical examination found 18 years of age by two doctors and 16 years of age by the radiologist, report of the later is more acceptable. T..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......, expressed his remorse in the following terms: “4. That I frankly confess I have foolishly and stupidly written the Article without even verifying the facts and realising the full impact and effect of the Article on the people: I regret my stupidity and offer ......publisher of the aforesaid news paper to show cause as to why they s1 not be committed for Contempt of Court for publishing the offending Article tending to scandalise the Court and to lower the image and dignity of the High Court Division and the judiciary as a whole. 3. The appellant t..Category: Criminal Law | Date: | Hits: 75
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221....... 14A may be noticed which has been quoted in the relevant judgment of the High Court Division. It reads- “14A. That the plaintiff all the time disputed the claim of defendant No. 1 but they willfully did not disclose the actual fact that BTMC has already paid them full amount of loan/dues on a......y the learned Subordinate Judge refused to reject the plaint at the instance of the defendant BSRS.” 7. Leave was granted to consider the submission of the appellant that when taking over of management and sale of the property without intervention of the Court of law has been challenged in the..Category: Property Law | Date: | Hits: 77
Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)
....efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ......ce with the formalities as contemplated under section 25 (1)(a)(b) of the Standing Orders Act, 1965 can maintain an application before the Labour Court. The principle of that decision applies with full force in this case. There is hardly any scope to distinguish this case with the reported decis......J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sabita Dutta ……………………….Petitioner Vs. Manager, Cinema Palace Chittagong and another……......................... Respondent ..Category: Labour and Industrial Law | Date: | Hits: 94
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ......diction of the petitioner as the Government is empowered to curtail the limit of the area for which a Nikah Registrar has been licensed. Respondent No. 1 further asserted that the Government has lawfully appointed respondent Nos. 4 and 5 as Nikah Registrars by curtailing the area by operation of ...... and others……………………..Respondents Judgment May 25, 1999. The Muslim Marriages and Divorce (Registration) Rules, 1975, Rule 10 The Muslim Marriages and Divorces (Registra..Category: Employment/Service Law | Date: | Hits: 69
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ......es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ......t of nominated ex-Mujibnagar employees who were awaiting absorption/ appointment in different ministries under its various departments on the plea that the aforesaid inquiry necessitated this stoppage. 3. A large number of nominated employees awaiting absorption/appointment in vari..Category: Employment/Service Law | Date: | Hits: 81
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ......gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ......) Act, 1974 and, as such, the retirement scheme and confirming the retirement of the petitioners are illegal as they have statutory right to remain in service until completion of 57 years of their age and not to be removed from service until they have completed 25 years of service. The petitione..Category: Employment/Service Law | Date: | Hits: 85
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......al jurisprudence and what is worse there is a total absence of any systematic consideration of evidence following the ordinary norms. It is a haphazard exercise, jumping from one topic to another, full of contradictory findings and total non-consideration of the evidence on record. 20. T...... Razzak taking the gun from the hand of Bank (now deceased) and accused-respondent No. 3 Tenu Miah by his own gun fired at (now deceased) Suruj who also fell down being injured and died. At this stage (now deceased) Ahad, brother of PW 1 Abdul Mannan, brought his gun from his house and made two ..Category: Criminal Law | Date: | Hits: 80
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......and some has wrongly been recorded in the name of his brother, defendant No. 2 Out of schedule 1 property he made a gift of 20 decimal of land to his nephew Dilip Kumar Dey, the son of his widowed full sister. He claimed possession in the entire suit land through bargaders as its real owner. His......lip Kumar Dey, the son of his widowed full sister. He claimed possession in the entire suit land through bargaders as its real owner. His further case is that, at the time of solemnisation of marriage ceremony of his daughter he sold some land out of the schedule property and his younger brother..Category: Property Law | Date: | Hits: 75
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......out 2-00/3-00 PM the appellants Oil Tanker suddenly changed its course and wrongly hit MV Al-Falah- 1 on the port side and split the cargo hold No. 2 resulting in the sinking of MV Al Falah- 1 with full load of wheat near Balakir Char in Gazaria Upazila. The plaintiff’s case was that the ac......hat it is recoverable as if it is a decree of a Civil Court. There is nothing in the Shipping Ordinance, 1976 specifically barring the jurisdiction of Admiralty Court to entertain any claim for damages done by any ship……..(9) Cases Referred to- Bangladesh Inland ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)
....hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ......ment April 22, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 417 As a matter of practice the High Court Division normally grants bail to the persons acquitted on full trial where the state prefers an appeal against the order of such acquittal. The normal order ......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ..Category: Criminal Law | Date: | Hits: 57
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
.... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ...... Special Case No.4 of 1989. The learned Single Judge, however, reduced the sentence of Mawlana Abdul Hye (petitioner of Criminal Petition No. 103 of 1997) to six months on consideration of his old age. All the three accused-petitioners are seeking leave to appeal from the impugned judgment of th..Category: Criminal Law | Date: | Hits: 67
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
.... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ......he High Court Division misinterpreted Annexure-D, he submits. 13. Mr. Rafique-ul-Huq, learned Counsel entering Caveat on behalf of the respondents, submits that the High Court Division was fully justified in treating Annexure-D as an unauthorised direction by the Government. 14. ......ersons were nominated as members of the Ad-hoc Committee with petitioner No. 3 Saber Hossain Chowdhury, MP as Chairman. 4. On the same day, i.e., on 21-12-96 petitioner No. 3 sent a Fax message from USA to respondent No.1 directing him to postpone the election of Governing Body to be hel..Category: Constitutional Law | Date: | Hits: 155
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
.... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ......ers and the respondents are all permanent directors under the Articles of Association of the company. All the directors/shareholders are close relations. The petitioners and respondent Nos 2-5 are full brothers. Respondent Nos. 3 and 4 are the son and wife respectively of respondent No.2 and res...... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ..Category: Business or Commercial Law | Date: | Hits: 100
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