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AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....e right to file a complaint, if so desires. 13. In the case of Mohammad Isa Vs. Nazim Husain reported in 188 I.C., 1940 page 699, it was held by a Division Bench of the Allahabad High Court in the relevant portion of the judgment thus:- "It appears to me to be quite clear that so far as this C......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ...... Alam & others..............................Opposite Parties Judgment January 23, 1989. Result: The Rule is made absolute. Cases Referred to- Sukra Mahto Vs. Basudeo Kumar Mahto and another, AIR 1971 (SC) 1567; Ayeasha Bi Vs. Pear Khan Sahib, AIR 1954 (Mad). 741; Mohammad Isa V......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ..Category: Criminal Law | Date: | Hits: 77
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
....dents Railway. 7. In the instant case, the matter was argued at length by the learned lawyers in minute details and reference has been made to a number of decisions of which we shall advert at the relevant portion of the judgment. 8. From a reading of the plaint, it is seen that in para 4 of t......, a similar matter came for decision before a Division Bench presided over by Das, CJ. In that case the Railway Administration by granting a licence gave the petitioner an exclusive right to sell newspapers, books, etc. and to erect book stalls on the station premises to expire after 5 years unless ......High Court Division (Civil Appellate Jurisdiction) Present: Anwarul Hoque Choudhury J Kazi Ebadul Hoque J Ministry of Communication, Railway Division, People's Republic of Bangladesh and others……………Appellants Vs. Md. Ferozur Rahman & ors…………….Respondent...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ..Category: Civil Law | Date: | Hits: 72
Kabir and others Vs. State, 1991, 20 CLC (HCD)
.... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......1.88 and thereafter he was deputed to investigate the case and accordingly he also visited the place of occurrence. He recorded some statements of witnesses under section 161 Cr.P.C. and verified the papers and submitted charge‑sheet on 8.12.88. He stated that accused Shah Emran was arrested on 12......d. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ...... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ..Category: Criminal Law | Date: | Hits: 76
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
....in law at all. 9. Next question is whether the prosecution has been able to prove the case against the appellant beyond all reasonable doubt under Section 25 of the Special Powers Act, 1974. The relevant portion of Section 25 of the Special Powers Act, 1974 reads as follows:- "(1) Whoever is......against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ...... Ahmed, Advocate - For the State. Criminal Appeal No.31 of 1987. Judgment Muhammad Ansar Ali J.- This appeal under Section 30 of the Special Powers Act, 1974 is directed against the judgment and order dated 28.2.87 passed in Special Tribunal Case No.57 of 1984 by Mr. M. Jafar Ahmed Mina, As......against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ..Category: Criminal Law | Date: | Hits: 74
Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)
....nnection that he has referred to the decision reported in 25 DLR 91 merely by way of putting emphasis upon his view of the necessity for further clarification, although it was neither necessary nor relevant for the purpose of the instant case, as the said decision relates to examination of the pro......sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ......nsaruddin Ahmed J.- This Rule issued at the instance of the plaintiff-petitioner Alhaj Abdul Aziz on an application under section 115 of the Code of Civil Procedure is directed against the judgment and order passed on 4.12.79 by Mr. M.A. Rahman Mia, Additional District Judge, 1st Court, Bakerganj ......sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ..Category: Procedural Law | Date: | Hits: 65
....ciples of due process as understood in the American Constitution. Considered in this sense, an action which is mala fide, colorable exercise of statutory powers, action taken upon extraneous or irrelevant considerations, and action taken upon no ground for without application of the mind of the ......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
......ued on 8.8.88 under section 491 of the Code of Criminal Procedure at the instance of the petitioner Dr. Md. Habibullah (next friend of the detenu) calling upon the Secretary, Ministry of Home Affairs and 4 others to show cause why the detenu Philip Reginald Cunningham should not be released from cus......ith the Parjaton Corporation and Bangladesh Biman. The petitioner Dr. Md. Habibullah (local representative of the Company of the detenu) has filed by supplementary Affidavit photo copies of several documents Annexures Y and Z series including a letter of credit and indent dated 4.7.88 by which P..
Category: Criminal Law | Date: | Hits: 108
Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)
....llenged mainly on the above grounds. We have carefully considered the facts and circumstances of the case and the materials on record and also the above submissions of the learned Advocates and the relevant provisions of law involved in this writ petition and we find much force in the second sub......nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ...... itself that the detenu is not being held in custody without lawful authority or in an unlawful manner. 2. The petitioner's case, in short, is that he is a cousin of the detenu Yunus Ali Mintu and is a citizen of Bangladesh; that the detenu Yunus Ali Mintu comes of a respectable Muslim fami......nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ..Category: Criminal Law | Date: | Hits: 60
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....me of the convict, the offence, the date of sentence, the sentencing authority, the date of petition for copy of judgment and the date on which the copy was received. The office superintendent of the relevant section of this Court calculated the period of limitation relying upon this form and made e...... to sub‑section (1) of section 421 does not apply to appeals presented under section 420 of the Code. Hence, in the case of jail appeals the Court can summarily dismiss the appeal on perusal of the papers without calling upon the appellant to appear. 9. Section 371 of the Code lays down the pro......his Case is also Reported in: 56 DLR (2004) 495.......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495...Category: Criminal Law | Date: | Hits: 73
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....5 by the Sessions Judge. Chittagong in Criminal Appeal No. 34 of 1995 should not be quashed and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. Facts relevant for the purpose of disposal of this rule, in short, are that having found the convict petit......Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......aneous Case No. 1209 of 1995. Judgment Sheikh Rezowan Ali J. - On an application by the convict petitioner, namely Md. Ayub Ali a Rule was issued calling upon the Deputy Commissioner Chittagong and the complainant opposite party No. 1 to show cause as to why the proceedings of CR Case No. 1017......Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ..Category: Criminal Law | Date: | Hits: 87
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......is Case is also Reported in: 56 DLR (2004) 485.......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485...Category: Property Law | Date: | Hits: 71
Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)
....e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281.......fer of the case from that Court to any other appropriate Court for trial and disposal of the case. He finally contends that the Rule must fail having no substance and merit. 12. We have perused papers filed along with the application under section 526 of the Code of Criminal Procedure and also......a Bichar Ain, 2002, now pending in the Court of Mr. Golam Kabir, Magistrate 1st Class Druta Bichar Ain Adalat Sherpur should not be transferred from that Court to any other appropriate Court for fair and impartial trial and disposal. 2. The matter being urgent service of notice upon State-opposit......e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281...Category: Criminal Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....n receipt of the total consideration of Taka 15,000 executed and registered the deed which he failed. In this regard, definition of sale as given in section 54 of the Transfer of Property Act is also relevant. In the said section sale has been defined as under: "sale is a transfer of ownership in......5‑87 and then the plaintiff would execute and register the sale deed in his favour. At the time of agreement the plaintiff on being asked by the defendant put his signature on 3 (three) blank stamp papers. On the next date the plaintiff returned to his new house at village Maijarchar under Sudhara......DLR (2004) 477. ......is old residential house and other immovable properties to the defendant for an amount of Taka 3,000 and executed a Nadabinama in favour of the defendant. The sale deed and the Nadabinama are genuine documents. After the transfer of the suit land and the house the plaintiff went to his new homestead..Category: Property Law | Date: | Hits: 80
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
....rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......n is the same between the same parties over the same works, we heard both of them together and now dispose of by this order. The parties have filed number of affidavits of facts annexing number of papers by this time. 10. Facts which do not admit of any controversy are that on 18‑01‑98 the...... ......rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ..Category: Civil Law | Date: | Hits: 73
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....of justice in dismissing the suit and, as such, no interference is called for by this Court. 8. In view of the submissions of the learned Advocates of both the parties it is necessary to quote the relevant provisions of the Hindu Law, namely, sections 181A and 181B. "181. Alienations by widow.......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468....... maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468...Category: Property Law | Date: | Hits: 65
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
.... and referred the matter for decision by a Division Bench without formulating any point of law. He was however of the view that substantial question of law together with interpretation of statute and relevant provisions of the Constitution were involved. On such assumption we are afraid, any matter ......ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J Uttara Bank Ltd...............................Petitioner Vs. Syed Abidur Reza and others………………Opposite Parties Judgment July 31, 2004. Result: The Rule is......t a decree as prayed for? and (d) what relief, if any, the plaintiff was entitled to? 11. The plaintiff in support of his case examined him. The defendants also examined one witness. Papers and documents adduced by plaintiff were marked as exhibit‑1 to exhibit‑10 while one power of attorne..Category: Employment/Service Law | Date: | Hits: 174
....Sangstha and it is the desire that Mr. Aminul Hoque, the learned Attorney General, should conduct the hearing of the temporary injunction, the same being a matter of public importance. Besides, all relevant papers and important documents are also lying with him”.
5. Mr. Syed Ishtiaque Ahmed, ......and it is the desire that Mr. Aminul Hoque, the learned Attorney General, should conduct the hearing of the temporary injunction, the same being a matter of public importance. Besides, all relevant papers and important documents are also lying with him”.
5. Mr. Syed Ishtiaque Ahmed, the learn......) (1993) 749.......that Mr. Aminul Hoque, the learned Attorney General, should conduct the hearing of the temporary injunction, the same being a matter of public importance. Besides, all relevant papers and important documents are also lying with him”.
5. Mr. Syed Ishtiaque Ahmed, the learned Advocate appearing..
Category: Company Law | Date: | Hits: 181
....' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
......e entered into an agreement on 19.1.1971 with the petitioner for sale of the said property at a consideration of Taka 12 (twelve) thousand and on receipt of Taka 11,500.00 delivered the documents and papers with assurance to the petitioner to execute and register a proper conveyance deed after compl......y of Works & others…………………..Respondents
Judgment
July 29, 1993.
Result:
The Rule is discharged.
Cases Referred to-
Rahela Khatoon Vs. Chairman, Court of Settlement and others, 45 DLR 5; Hosne Ara Begum Vs. Chairman, Court of Settlement and another, Civil Petition ......n possession he entered into an agreement on 19.1.1971 with the petitioner for sale of the said property at a consideration of Taka 12 (twelve) thousand and on receipt of Taka 11,500.00 delivered the documents and papers with assurance to the petitioner to execute and register a proper conveyance de..
Category: Property Law | Date: | Hits: 81
Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....or arrest is maintainable. 4. In support of their respective contentions the learned Counsels for both the parties relied upon the statements made in the plaint, the documents/papers filed and the relevant laws which will be considered presently. 5. For disposal of this application it is neces......and the application for arrest is maintainable. 4. In support of their respective contentions the learned Counsels for both the parties relied upon the statements made in the plaint, the documents/papers filed and the relevant laws which will be considered presently. 5. For disposal of this ap...... no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ......s over the cargo the ship owner or the Master of the ship cannot issue delivery order for the cargo. 3. Dr. Kamal Hossain, on the other hand, relying upon the averments, made in the plaint and the documents filed as per list contends that these conclusively prove that the plaintiffs cargo were sh..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....all by amending clause 8(2) of the First Statutes acting in a manner where no responsible authority would have acted in that fashion. We have noted that the Syndicate as well as the Chancellor at the relevant time brought about the change in the name of Salimullah Muslim Hall by amending clause 8(2)......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......ecial Original Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Raquibuddin Ahmed………………………………….Petitioner Vs. Syndicate, Dhaka University and others…………….Respondents Judgment March 22, 2004. Result: The Rule is made ......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63...Category: Civil Law | Date: | Hits: 63
Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....uestions of fact as regards survey records and the details therein. This is reflected not only in the assertion above made by the respondent No.1 of the possibility of error in the preparation of the relevant SA Record, but it is also evident in the petitioners' contention in their Affidavit‑in‑......ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ......t Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Syed Refaat Ahmed J Abdur Rahman (Md.) & another...........Petitioners Vs. Government of Bangladesh and others..............Respondents Judgment July 10, 2004. Result: The Rule is discharg......he impugned notice in Annexure‑'I'. 3. In response, the respondent No.1 has stated that the Miscellaneous Case No.20 of 2002‑2003 has been initiated on the primary ground that false and forged documents created by the petitioners have constituted the basis of the petitioners' Mutation Case No..Category: Property Law | Date: | Hits: 113
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