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Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)
....the proceedings of Agenda No.3 and the Authority, circulated the decision so taken in the Board meeting of the Authority held on 31.7.90 by its Memo No.1517 (Admn) dated 14.8.90. In the light of the facts so stated in the petition it has been contended by the petitioners that keeping their objectio...... This Case is also Reported in: 48 DLR (HCD) (1996) 121.......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121...Category: Employment/Service Law | Date: | Hits: 191
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....ent M Bazlur Rahman Talukder J.- This Revisional application is directed against the order dated 9.11.1991 of the District Judge, Maulavi Bazar, passed in Title Appeal No.145 of 1986. 2. Short facts involved in the case is that the plaintiffs‑petitioners filed Title Suit No.17 of 1979 in th......Syed Khalilullah Malek others.................Opposite Parties Judgment November 20, 1995. Result: The Rule is made absolute. Cases Referred to- Nazir Ahmed Vs. Rabibgr Rahman Miah and others, 7 DLR 192; 21 DLA (SC) 46; 15 CLJ Page 339; 28 DLR (AD) 127; 25 DLR 96. Lawyers Invo......ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117...Category: Trust/Waqf Law | Date: | Hits: 181
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
.... Naimuddin Ahmed, J after examining the summary, FIR, 161 statement and the charge sheet came to the conclusion that the First information Report is founded on the basis of the Second summary and the facts disclosed in those papers including First Information Report, 161 statement and charge‑sheet......‑Party Judgment May 9, 1995. Result: The Rule is discharged. Cases Referred to- Jyoti Prokash Mitter Vs. Hon’ble Mr. Justice HK Bose, the Chief Justice the High Court, Calcutta and another, 1965 (SC) 961; State of Rajasthan and others Vs. Union of India, 1977 (SC) 1361; SP Gup......the decision in the case of Kuruma Vs. Queen, Law Report (1955) AC 197 (PC). Where in it is observed in this decision: "In their Lordships, opinion the test to be applied in considering whether evidence is matters in issue. If it is, it is admissible and the Court is not concerned with how the..Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....section 561A of the Code of Criminal Procedure for quashing the proceeding of Cr Case No.270 of 1991 pending in the Court of the Upazila Magistrate, Paikgacha, District‑Khulna. 2. The‑short facts of the case are, that the opposite party No.1 being complainant instituted the aforesaid compl......in: 44 DLR (HCD) (1992) 533.......r section 471, section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in such proceeding except on the complaint in writing of such Court, or of some other Court..Category: Criminal Law | Date: | Hits: 142
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
.... Martial Law Administrator, the Assistant Sessions Judges were empowered to hear and dispose of certain criminal appeals, mentioned in that section 407 of the Code. 104. From the sequence of facts, it may reasonably be said that the amendment effected by the Ordinance No. XXIV of 1982, wi......h 22, 1989. Result: The Rule is made absolute. Cases Referred to- Md. Mustafa Mondal Vs. The State, 35 DLR 362; Nazir Ahmed & others Vs. Yonus Miah & others, 36 DLR 93; Abu Taher and others Vs. Mst. Razia Begum, 37 DLR 18; 36 DLR 93; Abdul Latif & others Vs. Nurjahan Begum...... from them and allocate them for hearing to the Additional Sessions Judges. 82. Mr. Md. Ruhul Amin-II learned Advocate has submitted that the learned Assistant Sessions Judge has not discussed the evidence on record and the learned Magistrate also did not express any opinion about the continuit..Category: Criminal Law | Date: | Hits: 158
Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)
....aneous appeal is directed against Order No.46 dated 24.11.85 passed by Mr. Ismail Mia, Subordinate Judge, Pabna in O.C. Execution Case No.8 of 1977 arising out of O.C. Suit No.73 of 1976. 2. The facts relevant for the disposal of this appeal are as follows. The respondents instituted the afores......s follows. The respondents instituted the aforesaid O.C. Suit No.73 of 1976 against the appellants for specific performance of contract in the Court of Subordinate Judge, Pabna, who by his judgment and decree dated 30.9.77, was pleased to decree the suit on contest with costs. The appellants prefe......servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ..Category: Property Law | Date: | Hits: 140
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....in allowing the amendments as the amendments have changed the nature and character of the suit. Mr. Das urged that the application for amendment was filed on 4.11.1985, in view of the disclosure of facts in the written statement filed on 4.3.1985 to the effect that the suit property includes als....... Civil Revision No.11 of 1986. Judgment AM Mahmudur Rahman J.- The petitioner obtained this Rule against an order of amendment of the plaint, acceptance of valuation put on the plaint and for direction to file replies to the interrogatories made by the Subordinate Judge in a suit for......e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ..Category: Procedural Law | Date: | Hits: 133
Kohinoor Chemical Company Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)
....portant question of law as to whether rule 1 of Order 11 of the Code of Civil Procedure as amended by Ordinance XLVIII of 1983 is mandatory or directory in nature. 2. To answer this question short facts necessary to state are that the opposite-party as plaintiff instituted a Money Suit in the C......man J.- By this application the petitioners raise a short but an important question of law as to whether rule 1 of Order 11 of the Code of Civil Procedure as amended by Ordinance XLVIII of 1983 is mandatory or directory in nature. 2. To answer this question short facts necessary to state are ......been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ..Category: Procedural Law | Date: | Hits: 133
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....ite party No.4 has proved his case beyond any dispute. Upon this finding the Election Tribunal declared the election of the returned candidate, the petitioner as void; but in consideration of the facts that the petitioner polled 54,870 votes as against 8,749 polled by opposite party No.4 and in ...... & others.............................Opposite Parties Judgment January 16, 1989. Result: The Rule is made absolute. Cases Referred to- Hosne Zaman Sarker Vs. Election Tribunal and others, BCR 1986 (HC) 141; 38 DLR 435(1986); 38 DLR 435; Sk. Tabibar Rahman Vs. Election Tribuna...... petitioner when 7 witnesses including the opposite party No.4 was examined and on 14.8.86 another 8 witnesses were examined on behalf of the opposite party No.4 and certain papers were admitted into evidence and marked exts.1-6. After hearing the arguments the Election Tribunal adjourned the case t..Category: Election Law | Date: | Hits: 252
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....essions Judge, Moulvibazar in Sessions Case No.30 of 1984 convicting the accused appellants under section 302 of the Penal Code and sentencing each of them to transportation for life. 2. Short facts of the prosecution case is that on 24th Baishakh, 1383 B.S. corresponding to 7th May, 1976 the...... Qazi Shafi Uddin J Shawai @ Mohammad Hussain & others.........Appellants Vs. State........................Respondents Judgment April 2, 1989. Result: The order of conviction and sentence of appellant is set aside and the appeal is allowed. Cases Referred to- Suraj Pa......ilty. 4. Prosecution has examined 9 witnesses in support of the prosecution case and tendered one for cross-examination by the defence. 5. The learned Sessions Judge upon consideration of the evidence and materials on record convicted the accused appellant as aforesaid and acquitted others. ..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....ment or diluvian or acquisition of land." 32. In the unreported decision of the Appellate Division in the case of Bangladesh and others Vs. Marium Khatun and others (Civil Appeal No.8 of 1972) the facts are that the respondent who, along with others took settlement of land from Zaminders and were......mal J Mahmudul Amin Choudhury J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by Secretary, Ministry of Land Administration and Land Reforms and others..................................Respondents (In Wr......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....es upon the petitioners specifically in that regard without taking any recourse to the provisions of section 143 of the Pourashava Ordinance, 1977 which had no manner of application at all in the facts and circumstances of the case. The Municipality can in such circumstances easily proceed under......ute. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam for Abdus Sobhan, Advocate - For the Petitioners (In all the Writ Petitions). M. Nurullah, Attorney-General with A.F. Hasan Arif and M. Safiullah - For the Respondent No.2 (In all the Writ Petitions). Writ Petition No. 442 of ......they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356...Category: Property Law | Date: | Hits: 145
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....secution to produce evidence of circumstances pointing to the guilt of the accused" and "section 106 of Evidence Act obviously refers to cases where, defence of the accused depends on proving certain facts, that is, the cases where his guilt is established on the evidence produced by the prosecution......DLR (HCD) (1989) 349....... way connected with the commission of the alleged offence and they have been falsely implicated in the case. 6. The learned Additional Sessions Judge after examination of the P.Ws. and considering evidence on record, by his judgment and order dated 16.2.82 convicted the appellant No.1 Abdul Khale..Category: Criminal Law | Date: | Hits: 101
....e under the provisions of the aforesaid law afresh and if any proceeding is started for treating a property as vested property, under law that will be absolutely without jurisdiction. Considering the facts and circumstances of the case, the evidence both oral and documentary on record and the submis......sion
(Civil Appellate Jurisdiction)
Present:
Mozammel Hoque J
Abdul Karim J
Additional Deputy Commissioner (Revenue) Dhaka………………Appellant
Vs.
Md. Mostafa Ali Mridha and others…………………Respondents
Judgment
July 22, 1993.
Result:
The appeal is......hree witnesses including himself and the contesting defendant No.2 examined one witness. The plaintiff submitted so many papers and documents which have been marked as exhibits. After considering the evidence on record the learned Subordinate judge passed the Judgment and decree in Paul the aforesai..
Category: Property Law | Date: | Hits: 134
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
.... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ......solute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ......ferred. (b) by a decree or order from which no appeal is allowed, or (c) by a decision on a reference from a Court of Small Causes, and who, from the discovery of new and important matter or evidence which, after the exercise of due difference was not within his knowledge or could not be pr..Category: Civil Law | Date: | Hits: 157
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....irmities, the case of the prosecution must be rejected outright, irrespective of the fact whether or not there is any rival theory of the defence, or if there is any, that is untrue. (c) Where the facts proved beyond doubt, or admitted, indicate that some sort of occurrence must have taken place,......………………………Respondent Judgment March 15, 1995. Result: The reference is rejected. The Criminal Appeal No.654 of 1992 is dismissed. The Jail Appeal No.749 of 1992 and Jail Appeal No.1761 of 1992 are dismissed. Cases Referred to- Woolmington Vs. Director of......de about 20‑30 yards the paddy khola of Bahadur is situated. The learned Additional District and Sessions Judge observed that place of occurrence is about 5 yards from the homestead of Sikim Ali as evidenced from the sketch map and index submitted by the police. The learned Judge further observed ..Category: Criminal Law | Date: | Hits: 139
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....inds support from the decision in the case Sir Edward Snelson Vs. The Judges of the High Court of West Pakistan, 16 DLR 535 (SC) to which I shall refer and quote presently briefly after narrating the facts of that case. Sir Edward Snelson was the Secretary of the Ministry of Law of the Government of...... Court Division (Special Original Jurisdiction) Present: A M Mahmudur Rahman J Mahfuzur Rahman J Judges of the High Court Division............Petitioners Vs. Ashok Kumar Karmaker and others..............Respondents Judgment June 29, 1995. Result: The proceeding for c......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ..Category: Criminal Law | Date: | Hits: 149
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....eau. Had the complainant sent such a rejoinder to the petitioner and the same was not published then it could be said that the petitioner did not act in good faith and for public good. 13. Though facts are a bit different, in, the case of Syed Md. Afzal Hossain Vs. M Selim Idris reported in 15 B......quashing the proceedings of CR Case No.2041/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka. 2. Complainant opposite party Md. Ataur Rahman, an Additional Chief Engineer of Roads and Highways Directorate, filed a petition of complaint against the petitioner alleging that in the ......t actuated in making such an imputation by any malicious motive.” 14. In the instant case time for discharging onus by accused petitioner has not yet arisen since prosecution has not yet adduced evidence after framing of the charge on 15.5.91 and that stage would arise after closing of the pros..Category: Criminal Law | Date: | Hits: 125
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
....s particular point that whether on the death of the sole petitioner in a revision the revision itself shall abate. The decision of the Full Bench is that the revision shall not abate but in that case facts were different. An application for substitution of the heirs of the deceased petitioner was ma...... 173. ......iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ..Category: Procedural Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....Vs. Janab Ali, para 7) it has been held as follows: "If the reconveyance takes place before the starting of the proceeding for pre‑emption, the pre-emptee’s right ceased to exist." Although facts are not same, but spirit of law is same. Similar view has been taken in 18 DLR 317 which is as......n: 48 DLR (HCD) (1996) 170. ...... filing of the pre‑emption case, the opposite party 1 had not saleable or transferable interest in the case land. For those reasons, the pre‑emption case is not maintainable. Parties adduced oral evidence and riled their papers. Both the Courts below allowed pre‑emption against gift made by Ex..Category: Property Law | Date: | Hits: 127
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