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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. ......e there is a specific punishment provided in a Special Act it takes principle of the general punishment under the Penal Code, but where there is no specific punishment Provided the general law of the land under the Penal Code comes into operation if requirements in any section thereof are satisfied....... 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. ...... যানের গতি ভিন্ন পথে পরিবর্তন করা”। 4. Thus from the aforesaid relevant portion of law which covers the instant case we are to decide the question before us. 5. On desire of the Court Mr. Abdul Malek, the learned Senior Advocate, appe..Category: Criminal Law | Date: | Hits: 133
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
....tration of the Will. The testator had died and the other legatees save and except the plaintiff have also died. The relevant relations have been impleaded in the suit. The original will is not in the possession of the plaintiff so she filed the certified copy of the Will along with the petition and ......y filing a joint written statement. These defendants denied the material allegations of the plaint and asserted that the suit is not maintainable. The positive case of the defendants is that the suit land originally belonged to Jitendra Nath Talukdar who obtained decrees in Title Suit No.27 of 1960 ......is Case is also Reported in: 48 DLR (HCD) (1996) 202. ......l 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 the plainti..Category: Property Law | Date: | Hits: 183
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
.... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ......n of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ......ken by the First Information Report named four accused persons he held that there is no evidence against the four accused opposite parties to implicate them with the occurrence of 17-10-95. The first question that crops up in the mind is whether the Investigating Officer is to hold inquiry and colle..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ......ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ......im……………...Petitioner Vs. Kabir Ahmed……………………Opposite Party Judgment December 2, 1997. Result: The Rule is discharged. Cases Referred to- Altaf Hossain Vs. Abul Kasem, 45 DLR (AD) 55; Abdur Rab Mia Vs. Fazlur Rahman, 43 DLR (AD) 23. Lawyers Invol...... under Rule 29 there is no provision for directing repolling in any centre and that in the instant election no situation, even according to the petitioner, was created to adjourn the poll and as such question of repolling does not arise. He then submits that admittedly the election on 22-1-92 took p..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.......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....... stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400....... —For the Opposite Party No.1. Civil Revision No. 577 of 1998. Judgment AK Badrul Huq J. - Can a Court deal with a matter decided earlier by it rendering a decision giving finality is the question which requires an answer in this Rule. 2. Rule was issued calling upon the opposite part..Category: Civil Law | Date: | Hits: 200
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......ode and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......ly all the facts constituting the offence. A statement containing self-exculpatory matters cannot amount to confession. From the discussion made above it is quite clear to us that the statement in question did not amount to a confession at all. Apart from that we have earlier noticed that ther..Category: Criminal Law | Date: | Hits: 132
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....gister a sale deed. The contract lapsed on 20.4.79. The plaintiff asked the defendants to register the deed in question but the defendants failed to do so. It is also the plaintiffs case that the possession of the suit land was delivered to him by the defendants. Hence the suit for specific perf......r. Md. Matiar Rahman, Munsif, 1st Court, Tangail in O.C. Suit No.801 of 1979 decreeing the suit of the plaintiff-petitioner. 2. Briefly stated the case of the plaintiff-petitioner is that the suit land belonged to defendant Nos. 1-4. The plaintiff and the defendants entered into an unregistered b......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.......e defendants within two years after which the defendants promised to execute and register a sale deed. The contract lapsed on 20.4.79. The plaintiff asked the defendants to register the deed in question but the defendants failed to do so. It is also the plaintiffs case that the possession of t..Category: Property Law | Date: | Hits: 133
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ......e Abandoned Buildings published on 23rd September, 1986 in Bangladesh Gazette stating that it is not an Abandoned Property but it was wrongly included in the said list. It was further stated that the land belonged originally to one Nabijan and after her death her heirs sold it to one Jahanara on 2.1......ted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ...... 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 permission of the G..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.......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.......lared 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.......rther submitted that as the learned Labour Court found that the ground of stoppage of work was not beyond the control of the employer on the basis of the materials before it, this finding on disputed question of fact cannot be disturbed in Writ Jurisdiction. 8. In reply Mr. Khalilur Rahman subm..Category: Labour and Industrial Law | Date: | Hits: 193
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
....said properties (described in the schedule of the plaint including amendment made in the plaint) left by Faloo. The aforesaid two sons and two daughters of Faloo had been in joint ownership and possession of the properties in their respective share. Khadem, as the eldest son of Faloo, taking a......্বত্বে স্থিতিবান) =occupancy raiyat. Faloo had 16 annas raiyaty right in the aforessid plots of the said two Khatians. While he was owning and possessing the aforesaid lands in assertion of his right and title, he died before the last settlement operation leaving be......ts. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......co-sharer of the joint estate and cannot be regarded as an assertion of a right to hold" it as separate so as to assert an adverse claim against other co-sharers having interest therein. When the question arises as to whether the possession is either lawful or unlawful, it must be assumed, in th..Category: Property Law | Date: | Hits: 135
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
.... T.S. No.206 of 1970. The plaintiff opposite party alleged that she was not made a party in the previous Title Suit No.206 of 1970 and that she being a widow of Late Abdus Sobban has been in peaceful possession of the suit land, was threatened for eviction through the process of the Court. She filed......he plaintiff opposite party alleged that she was not made a party in the previous Title Suit No.206 of 1970 and that she being a widow of Late Abdus Sobban has been in peaceful possession of the suit land, was threatened for eviction through the process of the Court. She filed an application under O...... 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ......arned Subordinate Judge, Second Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ..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. ......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. ......bsolute. 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 Sultan Ali Nanghiana Vs. Mian Nur Hussain P.L.D. 1949 Lahore 301. Lawyers Involved: M. Fazlul Karim, with Faridul Alam Chowdhury, Adv......urt and the Labour Court was appropriate Court to adjudicate the matter involved in the suit. Being aggrieved the plaintiff has obtained this Rule. 5. The decision in this Rule turns upon the only question whether Civil Court his jurisdiction to entertain the dispute in question. When question of..Category: Labour and Industrial Law | Date: | Hits: 179
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....earned Advocate refers to is Medway Drydock & Engineering Co. Ltd. Vs. mv Andrea Ursula (1973) 1 QB 265. In that case, Anglo‑Med Shipping and Transport Management Ltd. (Anglo‑Med) was in full possession and control of the ship 'Andrea Ursula’ under a demise charter and also under a contrac......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......lf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......rterer, that in accordance with the provisions of clause 70 of the said charter party the charterers were under an obligation to supply intermediate fuel oil and marine diesel oil and the bunkers in question were ordered by the charterer at Port Said and the port at Hong Kong during the period of c..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Major (Retd.) M Asaduzzaman Vs. District Magistrate, Jessore and others, 1999, 28 CLC (HCD)
....cise of force tried to illegally obtain renewal of licences of those two firearms and also made an attempt on his life and that the respondent No.1 apprehended that if petitioner is allowed to retain possession of those two firearms, the public security and peace may be in danger. The said order dat......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.......ewed) 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.......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...Category: Criminal Law | Date: | Hits: 132
....353 BS. Abdur Gafur filed Other Class suit No.178 of 1969 for declaration of his title and got an ex parte decree. Plaintiff has purchased the suit land from said Abdul Gafur in the year 1980 and got possession in the suit land and he is still holding ownership. The suit land, according to the plain......nal District Judge, Pabna dismissing the appeal which was taken by the plaintiff. Trial Court also dismissed the suit by his judgment dated 8-3-1986.
2. Plaintiffs suit, in short, is that the suit land belonged to Suphir Kumar Lahiri. Abdul Gafur took settlement of the suit land from said Suphir ......rection.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470.......e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470...
Category: Property Law | Date: | Hits: 130
Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
....68 acres for Dhaka Improvement Trust (now RAJUK) for construction of Tejgaon-Gulshan Road under LA case No.55.5 8-59 which was notified in the official gazette. The requiring body, the then DIT, took possession of the land on 27-6-1960. Petitioner, the Bhawal Raj Estate, states that for the acquisit......awful authority and of no legal effect and why the respondent No.1, RAJUK should not be directed to cancel the plan approved, if any, for construction of building over 13 acres excess unused acquired land and why respondent No.1 be not directed to refrain from approving any plan for construction of ......r as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......s not aware about other cases and it was not made party in these cases. It is also stated that it approved the plan of respondent No.2. 5. In a nutshell the respondent No.2 states that the land in question was settled with the erstwhile tenant by the Court of Ward. Subsequently it was requisition..Category: Property Law | Date: | Hits: 248
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454.......is of a bainapatra (deed of agreement) alleged to have been executed by the defendant 3 in favour of the plaintiff undertaking to register the kabala in favour of the plaintiff in respect of the suit land. But the defendant No.3 in collusion with the defendant 1 and 2 did not come forward to execute......arua with Md. Abul Bashar, Advocates- For the Petitioner. None appears — For the Opposite Parties. Civil Revision No. 262 of 1990. Judgment Abu Sayeed Ahammed J.- This Rule has been obtained by the plaintiff Md. Najabatullah against the defendant opposite parties 1-3 of Title Suit 7 of......fendant 3 who was the principal defendant and proposed seller of the suit land to the plaintiff, was not got examined by the plaintiff by any hand writing expert, which was needed to decide that moot question in the dispute whether the defendant 3 executed the deed of agreement or not. 3. Title A..Category: Procedural Law | Date: | Hits: 137
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
.... registration; and she had no intention at all to make the gifts of the suit property which is entire hearth and home of the plaintiff including homestead. She also alleged that she has not delivered possession of the suit land to the defendants. 5. Defendant 1-4 contested by filing written st......itioners, for cancellation of deeds, namely, deed No.7873, (Ext. Ka) executed on 17-5-82 and registered on the same date in the local Sub-Registrar office Patnitola showing the transfer of 5.27 acres land out of the suit land, deed No.10515 (Ext. Ka(1) and also deed No.10516 Ext. Ka(2) executed on 2...... Vs. Azimon Bewa………………….Opposite Party Judgment March 25, 1998. Result: The Rule is discharged. Cases Referred to- Mono Mohan Devi Vs. Sirajuddin Ahmed Bhuiyan, 21 DLR 626; AIR 1927 (All) 385; 2 Cal. 184 (PC); 32 Cal. 437; AIR, 1932 (PCC) 255;...... 4. The specific case of the plaintiff is that she wanted to transfer only 0.09 acre land in favour of defendant No. 1, but fraudulently, the defendant no. 1 has obtained all that three deeds in question showing transfer of the entire suit property of the plaintiff in favour of the defendants w..Category: Property Law | Date: | Hits: 103
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....ot the suit land. So plot 545/5 1 is the suit land and area of the suit land is 2.71 acres. 4. Plaintiffs allegation is that although after taking settlement in the aforesaid manner they are in possession of the suit land on payment of rent to the government, the government is trying to give s......nd dismissed the suit for permanent injunction. 3. Case of the plaintiffs, now petitioners, in 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......…………Petitioner 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 S......t contending that the plaintiffs have no prima facie title in respect of the entire suit land and also plaintiffs are not in possession. 7. Further contention of the defendant is that since the question of complicated title is concerned the plaintiffs should have filed a suit for declaration o..Category: Property Law | Date: | Hits: 103
Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
....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. ......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 lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ......tant case the petitioner has categorically denied that any marriage took place between him and the opposite party at any point of time. If there is no marriage between the parties there cannot be any question of payment of dower, prompt or otherwise or payment of maintenance by the husband to the wi..Category: Family Law | Date: | Hits: 230
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