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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. ......; Vs. ARM Mustanesar Billah & others.......Respondents Judgment February 13th, 1970. Cases Resferred- Shankhta Shukul vs Sm Govindi Devi AIR 1950 All. 693; Ham Din and another vs Buta, minor through Musammat Mahedan and anothe......e person in whose favour the Magistrate had made the order. In either case his failure to institute a suit within three years of that order entails the extinguishment of his right, whatever the nature of that right may have been. If he was the sole owner, he loses the right of ownership. If ..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. ......d. 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. ......a defence on the ground of insanity it must be clearly proved that at the time of committing the act the accused was laboring under such a defect of reason from disease of the mind as not to know the nature and quality of the act he was doing or what he was doing was wrong. If the accused was consci..Category: Criminal Law | Date: | Hits: 81
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......ecovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......on of the learned Subordinate Judge is that after the amendment of the Bengal Tenancy Act in 1938 provision was introduced in section 26-G of the Act whereby it was provided that all mortgages of the nature of a usufructuary mortgage shall be deemed to have been extinguished on the expiry of 15 year..Category: Property Law | Date: | Hits: 82
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......ing the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ...... for which retrial was directed by this Court in the case of State vs. Abed AIL In some of the above cases where the view in favour of conversion of the charge was taken the offences were of minor nature. 17. In the instant case we feel that the conviction of the accused appellants ..Category: Criminal Law | Date: | Hits: 76
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. ......nbsp; Vs. Upendra Lal Sarkar...........Plaintiff-Respondent Judgment January 13th, 1970. Cases Referred to- Raja......iff had no right to khas possession in the said lands wherein since a very long time the defendants have been exercising their right of possession by establishing homestead and garden of permanent nature which could not be annulled by the plaintiff. It has also been specifically asserted by the ..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. ......y prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......racture of the heart cervical vertebra. On dissection the Doctor found that the death was due to shock and haemorrhage as a result of spinal injury which was ante mortem and homicidal in nature. The Doctor further observed that injury Nos. 3 and 4 were not independent injuries and tha..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......3 DLR 70, Bharat Bhandhu Chattopadhya vs. Ranendra Kumar Dutta and others 70 CLJ 370; Halimunnessa vs. Hemendra Kumar Roy Chowdhury and others 12 DLR 448. Lawyers Involved: M H Khandker, Salauddin Ahmed. B K Das-For the Petitioner. Ahmed Sobhan. Md. Ruhul Amin-For Respondents 1 & 2. ......the same is bound to be held to be illegal, protection of section 107 of the Transfer of Property Act, which is only applicable to leases for agricultural purpose, is not available to a lease of this nature and accordingly, the document itself is illegal and has not conferred any right on the plaint..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ...... In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......urther contended that the respondent No. 2 complied with all the requirements as prescribed under the provisions of sections 52 and 58 of the Registration Act and thereafter affixed the date and signature to all those endorsements as was required under section 59 of the Registration Act 3...Category: Property Law | Date: | Hits: 73
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. ...... Supreme Court Appellate Division (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Phoenix Leasing Ltd and others………………....... Rahman. 12. As to the question whether after making an exemption under section 48 of the said Act the Bangladesh Bank can withdraw it, Dr. Rafiqur Rahman submits that exemption is in the nature of an exception and the exemption-giving authority can always withdraw it. Although Dr. M Za..Category: Business or Commercial Law | Date: | Hits: 96
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.......me Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh Shilpa Rin Sangstha………..…………………....Defendant-Appellant Vs. Rahman Textile Mills ...... lend my support to the views of Dr. Zahir for the reasons below: 29. Generally speaking, under section 9 of the Code of Civil Procedure any civil Court has jurisdiction to try all suits of civil nature excepting suits of which their cognizance is either expressly or impliedly barred. But it has..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. ...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sabita Dutta ……………………….Petitioner Vs. Manager, Cinema Palace Chittagong and another……......................... Respondent Jud......Ordinance, 1969 “worker” has been defined in section 2(XXVIII), wherein it refers to a dismissed or retrenched employee in course of an industrial dispute. There being no case of such a nature it is palpably clear that the application under section 34 of the Ordinance was not maintai..Category: Labour and Industrial Law | Date: | Hits: 94
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
.... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ......) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ………..Petitioner Vs. Idrisur Rahman,......ts Judgment June 16, 1999. The Constitution of Bangladesh, 1972, Articles 102 & 116 (i) When a declaratory judgment is passed by a Court it is usually retrospective in nature, unless otherwise indicated. Therefore the interpretation of Article 116 of the Constitution..Category: Employment/Service Law | Date: | Hits: 72
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......lip;………….Appellant Vs. Jamila Khatun Bibi & ors …………………Respondents Judgment May 5, 1999. Hindu Law In the prevailing circumstance most of the shebaits are not available due to death o......ting decisions of the superior Courts of this sub continent over the subject. In Sri lswar vs Gopinath Das, AIR 1960 Cal 741, the Calcutta High Court had the occasion to consider a case of similar nature. After review of a considerable number of cases Mallick, 3 speaking for the Court said at P...Category: Family Law | Date: | Hits: 156
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
....nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ......ors…………………….. Respondents Judgment June 9, 1999. Partition Suit Hotchpotch A partition suit should embrace all the joint properties of the parties concerned and it is indeed a rule of convenience. If properties are l......nerally (a) where different portions of the property lie in different jurisdictions or (b) when some portion of the property is at the time incapable of partition, or (c) when the property from its nature is impartible, or (d) when property is held jointly with strangers who cannot be joined as ..Category: Property Law | Date: | Hits: 65
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. ......e Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J Raisuddin……………………………..Petition......n erred in law in holding that the second proviso to section 4 of the Muslim Marriages and Divorces (Registration) Act, 1974 has retrospective effect, that the impugned orders are retrospective in nature and that the licence created no vested right in favour of the petitioner. 7. The le..Category: Employment/Service Law | Date: | Hits: 69
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ...... Mohammad Faruque ……………..Respondent Judgment October 27, 1998. The Constitution of Bangladesh, 1972, Article 117 Violations of all kinds of law are not violations of fundamental right. The protection from transfer from one place to...... the case of Bangladesh vs. Shafiuddin Ahmed, 50 DLR (AD) 27, in paragraphs 41 and 42 whereof it has been held that administrative instructions which have the precision of rules and are general in nature in their application to any particular service or services may have the force of law Admini..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....ver again but without discussing any evidence on record the High Court Division then found that nothing could be elicited by way of cross-examination of all the PWs. which can be said to be “exculpatory circumstances” sufficient to east a reasonable doubt about the statements of pros...... Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......ly guns and other deadly weapons were to be used which might cause death. The accused persons were aggressors as they attacked the informant party without any provocation. From the weapons used and nature of injuries received by the deceased persons at the vital parts of the bodies it is palpabl..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. ...... Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bina Rani and another …………………. Petitioner V......mi Transaction (i) The well-settled principle of law is that in deciding a question of benami transaction the court should take into consideration (i) the source of consideration money (ii) nature and possession of the property after the alleged transaction (iii) motive, if any, for makin..Category: Property Law | Date: | Hits: 75
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. ......p; November 3, 1997. The Intermediate and Secondary Education Ordinance, 1961, Section 10 Section 10 gives the Government the authority to cause an inspection......y. 6. In challenging the said three impugned orders the writ petitioners argued that the Government suffered from lack of authority under any statute or rules in issuing a direction of that nature upon the Board. It was argued on behalf of the respondent-petitioners that Annexure-D was n..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. ......sp; April 30, 1998. The Companies Act, 1994 (XVIII of 1994) Sections 210(7) & 233 The provisions of appointing auditors in the annual general meeting is for prospective auditing of a company. When the mi...... not shown in the company’s account. No dividend was declared by respondent No.2. He defalcated the company’s fund and committed various other irregularities sometimes by forging the signatures of other directors. He failed to hold Board Meetings and so the petitioner and k responden..Category: Business or Commercial Law | Date: | Hits: 100
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