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Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)
.... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ...... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ...... Hashmat Ullah (Md) .....................Petitioner Vs. Azmiri Bibi and others .................Opposite Parties Judgment November 28, 1991. Result: All the Rules except the Rule in Civil Revision No. 678 of 1987 are discharged. Lawyers Involved: TH Khan with MI Farooqui a......ints), applications, etc. written only in Bengali language and in no other language is to be Filed in the Subordinate Civil Courts inasmuch as the said sub‑section is mandatory. In other words, the question is whether after the Act came into being it is possible for subordinate civil Courts to ent..Category: Others | Date: | Hits: 226
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....rom Original Decree No.138 of 1990 affirming those dated 31.5.1990 passed by the Subordinate Judge, First Court, Chittagong in Other Suit No.124 of 1987. 3. The suit was for a decree only for khas possession of the suit land together with two storied building standing thereon stating, inter alia,......138 of 1990 affirming those dated 31.5.1990 passed by the Subordinate Judge, First Court, Chittagong in Other Suit No.124 of 1987. 3. The suit was for a decree only for khas possession of the suit land together with two storied building standing thereon stating, inter alia, that the plaintiff, th......………………..Appellant (In Civil Appeal No. 45 of 1993) Chairman, Sena Kalayan Sangstha……………………..Appellant (In Civil Appeal No. 86 of 1997) Vs. Haji Sufi Fazal Ahmed being dead his heirs: Mr. Nagar Mohiuddin and others………………………..Respondents (In both ......as abandoned property either under A.P.O. No.1 of 1972 or under P.O. No.16 of 1972 the same has been vested in the Government and as such taking over or vesting of the property could not be called in question by any Court on any ground whatsoever and as such the impugned judgment and order are wholl..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
....96 and 21‑4‑1996 passed by the learned Subordinate Judge and Artha Rin Adalat was stayed till disposal of the Rule and the Division Bench also directed the respondents to unlock and hand over the possession of the Mill to the petitioner company immediately and further proceedings of the aforesai.......3, gave his opinion to the effect that BSRS should deliver the machinery to the buyer as soon as possible. He further opined that Article 34 proceeding regarding the sale and transfer of the project land and building, etc should be kept in abeyance for some time and in the meantime, steps should be......e petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ......the petitioner before the Court wherein no stay order has been passed nor the petitioner company preferred any appeal against the direct sale order issued by the BSRS in respect of the machineries in question. The learned Advocate therefore, most empathically submits that this Contempt petition is a..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......il Appeal No. 319 of 2008 respectively made her submission adopting the submissions of Mr. Md. Jamiruddin Sircar and Mr. Md. Monsurul Haque Chowdhury, the learned Advocates made as above. The real question that calls for determination is whether the impugned judgment and order of conviction and s..Category: Criminal Law | Date: | Hits: 98
Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
.... of 1975 in the 4th Court of Subordinate Judge, Dhaka, for a declaration that the acquisition was void. Thereafter Rajuk came to terms with Khaleque Munshi and released 13 acres of land and delivered possession on 14.2.1984. But since the Government directed the petitioner to deliver possession, the......r. 3. The short facts, for the purpose of disposal of this Rule, can be stated as follows: Property described in CS Dag No.565 of Mouza Tejkunipara in the city of Dhaka has 84.09 acres of land and commonly referred to as Motijheel. The erstwhile Government of East Pakistan acquired part ......43 DLR (HCD) page 204; ILR 3 Mad (PC) page 384; AIR 1945 Cal. 492; AIR 1946 PC 103; 1984 BLD (AD) 285; PLD 1966 SC 684; AIR 1939 All. 633; AIR 1954 Mad. 848; AIR 1939. Lawyers Involved: Moinul Huq, Advocate ‑For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney General ‑ For t......have decided to give judgment in this case. The learned Advocates of both sides also agreed that a Single Bench matter can be heard and disposed of by a Division Bench. 2. This Rule, calling in question the legality and propriety of the order dated 20.2.91 passed by the Subordinate Judge and C..Category: Procedural Law | Date: | Hits: 113
Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)
.... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ...... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ......ay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ...... repoll ought to has been ordered. He further submitted that from the materials submitted before the Chief Election Commissioner and this court the allegation of rigging at that centre was a disputed question of fact and can only be decided by the Election Tribunal after recording evidence as observ..Category: Election Law | Date: | Hits: 177
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....and the affidavit-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312....... will be enough and for that the detention cannot be a substitute for that. It has been the further case that the interview given to the BBC as mentioned in ground No.1 did not violate any law of the land which would be evident from the plain reading as on the ground, nor had it anything to do with ......ad as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312....... on which the Government is satisfied are as such that a rational human being can consider the same being connected in some manner with the objects which were to be prevented from being attained. The question of satisfaction except on ground of mala fides cannot be challenged in a Court. As to suffi..Category: Criminal Law | Date: | Hits: 113
Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)
....nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......sions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ...... by the presiding officer conceded, signature of accused petitioner was also taken in the form for recording statement of the accused under section 342 of the Code of Criminal Procedure in which some questions put to the accused were recorded but the answers to such questions were not recorded and t..Category: Criminal Law | Date: | Hits: 73
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
.... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......all be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......se 3 Rules arising out of a single Judgment have been heard together and shall be disposed of by this Judgment. 2. The propriety and legality of the impugned Judgment have been seriously called in question by the petitioner as well as by the opposite party. 3. Facts giving rise to these Rules ..Category: Family Law | Date: | Hits: 265
Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)
....21.11.83 and got it registered at the Laxmipur Sub-Registry Office on 26.2.84. According to the Plaintiff, he was not aware of the contents of the deed and he did not execute any Ewaz deed; that no possession of his land was given to the defendants pursuant to the Ewaz deed and that the Ewaz deed ......al plaintiff Sekander Ali died and the opposite parties were substituted as his heirs and legal representatives in his place. 3. The plaintiffs case, in short, is that he was owner of the disputed land described in Schedule 'Ka' to the plaint and in 1391 B.S. he expressed his willingness to tra...... to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......dulently created the impugned deed of Ewaz which was never intended by him. Mr. Ahmed has submitted that the subject-matter of the suit is not the property in schedule but the document itself and the question to be determined in the suit was whether the Ewaz deed was illegal and collusively obtained..Category: Property Law | Date: | Hits: 136
Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)
....hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ......hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ......44 (Lahore) 398; AIR 1955 Punjab 145; AIR 1945 Bombay 417; Jai Kishen Vs. Ram Lal Gupta, AIR 1944 Lahore 398; Jayantilal Jamnadas Vs. Chhaganlal Nathoobhai, AIR 1945 Bombay 417; Kumbha Mawji Vs. Dominion of India, AIR 1953 (SC) 313; Firm Shriram Haracharandas Khamgaon Vs. The President, The Court ....... 10. In the written objection filed by the defendant-petitioner in the trial Court it has simply been stated that the suit is barred by limitation under Article 178 of the Limitation Act. The question of limitation in the present case is a mixed question of fact and law. But no assertion h..Category: Procedural Law | Date: | Hits: 93
....ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
......ful to cover, and the onus of proof remains where it would have been of a policy against ordinary sea perils."
In this reported decision some quantity of wool was shipped and after arrival in England it was detected that some of the bales were badly damaged by water and the question came up a......y cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
......cessary party and the carrier having not been made a party the suit suffers for defect of parties.
6. Mr. Sk. Abul Hossain, the learned Advocate appearing for the respondent submits that the legal questions raised by the learned Advocate for the appellants are not at all relevant for the purpos..
Category: Business or Commercial Law | Date: | Hits: 325
Syed Alim Mansur Vs. Registrar, Joint Stock Companies, 1989, 18 CLC (HCD)
....y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this application. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ......ittagong. The objects for establishment of the company were, among others, to culture, develop and process all kinds of fish marine products and sea foods of any nature or type whatsoever whether inland, off-shore or in the high seas within the economic zone of Bangladesh and within such permiss......order. The Company shall bear the cost of this application. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ......k Companies within 21 days from its creation. Thereafter the petitioner without delaying further approached this Court for obtaining an order of extension for registration of the mortgage deed in question with the Registrar of Joint Stock Companies. I have given my anxious thought to the facts..Category: Company Law | Date: | Hits: 191
Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)
....j impleading opposite party Nos.13-16 as defendants praying for a declaration of their rayati rights and title in the disputed land. It is asserted by the plaintiffs that they are recorded owner in possession of the property covered by R.S. Khatian No.61 at a jama of Tk.752/14 annas. The defendant......tle suit No.41 of 1976 in the Second Court of Subordinate Judge, Bakerganj impleading opposite party Nos.13-16 as defendants praying for a declaration of their rayati rights and title in the disputed land. It is asserted by the plaintiffs that they are recorded owner in possession of the property ......order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ......sident Orders, the object and purpose of the suit having been frustrated, the petitioners prayed for withdrawal from the suit. The learned Subordinate Judge also took note of this aspect of the whole question and allowed the prayer for withdrawal very rightly. 11. Apart from the controlling power..Category: Procedural Law | Date: | Hits: 82
....ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
......repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
......t and proper...................."
16. The reasons for the limited Rule instead of according to the whole prayer of the petitioner in the writ petition are obvious. The jurisdiction of the court to question and set aside the order of dismissal of the petitioner by the CMLA under MLO 9 after declar..
Category: Employment/Service Law | Date: | Hits: 209
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......rs misunderstanding crept up amongst them which turned into a strained relation between the families of Aktar Hossain and Siraj. Even while Aktar Hossain was constructing his building on his paternal land, adjacent to Siraj’s building, Siraj and his sons broke down the pillars of Aktar Hossain’s......py of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......mir and Piyas without any corroborating reliable evidence can not be the basis of their conviction as has been done in the instant case and as such the same is not sustainable in law. 16. The real question that calls for determination is, whether the impugned judgment and order of conviction and ..Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
....ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ......se, briefly, are that opposite party Nos.1-17 as plaintiffs instituted a suit being Title Suit No.73 of 2002 in the Court of Assistant Judge, Raipur, Lakshmipur for declaration of title over the suit land under “Ga” schedule to the plaint of the suit and the order for changing the classification......fez Mawlana Humayun Kabir, Director, Hazrat Abu Sidique (Rh) Madrasha, Purba Keroya, Raipur, Laishmipur ................ Defendant-petitioner. Vs. Md. Lokman and others ......................Plaintiff-opposite parties. Judgment March 1, 2012. Result: The Rule is made absolute. ...... plaintiffs with the plaint of the suit. This does not give right to remand of the case……………………..(17) Before passing an order of remand the learned Judge decide the question rose in appeal on the basis of evidence on record in accordance with law. The appellate Cou..Category: Procedural Law | Date: | Hits: 113
Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)
....nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ......nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ......e Party Judgment June 25, 2002. Result: The rule is discharged. Case Referred to- Rafiqul Islam and another Vs. Abul Kalam and others, 42 DLR 19. Lawyers Involved: Akram Hossain Amin, Advocate—For the Petitioner. No one—For the Opposite Parties. Civil Revision No. ......d order dated 9‑10‑95, resulting in failure of justice. 6. No one appears for the plaintiffs-opposite parties. 7. In view of the contentions of the learned Advocate for the petitioners, the question that calls for determination is, whether an application under Order IX rule 9 of the Code d..Category: Procedural Law | Date: | Hits: 94
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
.... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......nted harassment, humiliation and financial loss. It is evident from the petition of complaint itself that the complainant has not mentioned the date of the cheque very cunningly, i.e. the cheque in question has not been presented before the bank for encashment in time and therefore there is no i..Category: Criminal Law | Date: | Hits: 94
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......clared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......General justifies his contention by highlighting what have been stated in paragraphs 4 and 5 of the affidavit in opposition. He cites 6 ITR 51, 44 ITR 726, 111 ITR 650 on the point. 11. The moot question that faces this Division in all the Petitions is whether a return filed under section 82BB ..Category: Fiscal/Taxation Law | Date: | Hits: 167
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