Judgment search - Chancery Law Chronicles

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Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)

....roller, Dhaka by depositing the rent with effect from August, 1989 alleging, inter alia, that the landlord, landlady (his full sister) did not collect rent for the month of August, 1989 in time and also did not give them the receipts against payment of rent for the months of April to July, 1989 alth......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......nd the most important aspect is that had it been a case of sub-letting, as alleged by the plaintiff, the defendant No.1 instead of communicating this letter to the landlord would have kept quiet. The trial Court came to a finding that Ext.3 cannot be said to be a sub-lease. The next point urged by M...... records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ..

Category: Property Law | Date: | Hits: 64

Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)

....mirul Islam J Dr. Habibur Rahman MP and others………………Petitioners Vs. Shamsun Nahar………………Opposite Party Judgment June 2, 1997. Result: The Rule is made absolute. Cases Referred To- 23 DLR 79; 10 BLD 609. Lawyers Involved: Shamsul Huda, Advoca...... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62.......l and without jurisdiction and also filed an application under Order 39 rule 1 praying for temporary injunction. The defendant petitioners resisted the said application for injunction and the learned trial Court after hearing the parties and considering the papers filed by the parties rejected the p......ts. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62...

Category: Employment/Service Law | Date: | Hits: 101

GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)

....e approaching towards the jetty of the Chittagong Port MV Hawai Splendour hit her and caused damage. 9. Simultaneously with the filing of the aforesaid Admiralty Suit No.33 of 1995 the plaintiff also filed an application for the arrest of MV Hawai Splendour as a security for the plaintiff’s cla......nd the signal that the vessel was not under command were duly displayed. At that time the vessel Mauro D'Alesio was found about one mile away, approaching to pick up the pilot. The vessel immediately called MVMauro D'Alesio on the VHF channel reporting that MV Hawai Splendour was not under command a......6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122.......ates‑For the defendant (In Admiralty Suit No.33 of 1995). Dr. M Zahir with Md. Muniruzzaman Khan Advocates‑For the Plaintiff (In Admiralty Suit No.13 of 1996). M Hafizullah with SK Siddique and Al-Amin Sarker, Advocates‑For the Defendant Nos.1 & 2 (In Admiralty Suit No.13 of 1996). ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 353

Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)

....��………………………….Petitioner Vs. Mutaleb and others…………………………………...Opposite Parties Judgment January 18, 1996. Result: The Rules are made absolute. Cases Referred to- Hali Mandal and another Vs. Khirode Bala Debya, 12 DLR 74; Labbu Ra......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......a and others, AIR 1937 Bombay 401; Mokendre Nath Roy and others Vs. Sushila Susho Dasi and others, 17 DLR 643; Ramjeewean Vs. Chand Mohammad, AIR 1976 (Rajsthan) 65; Muhammad Jamal Vs. Chairman, Industrial Court 16 DLR (SC)) 386. Lawyers Involved: SK Sinha with AK Ahmadul Hasan and Md. Shafiqu......urt High Court Division (Civil Revisional Jurisdiction) Present: MM Ruhul Amin J Hakim Ullah……………………………………………………….Petitioner Vs. Mutaleb and others…………………………………...Opposite Parties Judgment January 18, 199..

Category: Procedural Law | Date: | Hits: 70

Shahed Reza Shamim Vs. State, 1996, 25 CLC (HCD)

....titioner Vs. State…………………………………………………………………………………..Opposite Party Judgment August 27, 1996. Result: The Rule is made absolute. Lawyers Involved: Syed Ziaul Karim, Advocate‑For the Petitioner. Syed Abu Kawsar,......n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ......96 the learned Magistrate ordered for further investigation in this case which is still pending and thereis no certainity when further investigation will be completed and the case will be sent up for trial. 5. Mr. Syed Abu Kawsar, the learned Assistant Attorney‑General, opposes the prayer fo......twali Police station Barisal stating, inter alia, that on 8-12‑95, at 21-00 hours, while he was at BNP office, he came to know that his elder brother Mosudur Rahman (Babu) received serious injuries and he is in Sher‑e‑Bangla Medical College Hospital and hearing the aforesaid news the informant..

Category: Criminal Law | Date: | Hits: 74

M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)

....h Court Division of the Supreme Court, as Arbitrator and requested the opposite party either to concur in the said appointment of arbitrator or to nominate another arbitrator from their side, if they so desire. That notice was received by the opposite party, but they have not nominated any other Arb......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ...... of the plaintiff by the Court. It appears from this document that on behalf of Bangladesh Water Development Board the Chairman undertook to pay to the plaintiff any amount that may be allowed by the trial Court while disposing of Title Suit No.284 of 1993 and this has been executed on behalf of the......ner Vs. Bangladesh Water Development Board…………………………………….Opposite Party Judgment May 28, 1996. Result: The Rule is discharged. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate-For the petitioner. Abdul Wadud Bhuiyan, Additional Attorney-G..

Category: Alternative Dispute Resolution | Date: | Hits: 245

Masum Ikbal (Md.) Vs. Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangladesh Engineering University & others, 1996, 25 CLC (HCD)

....y of Board of Residence and Discipline, Bangladesh Engineering University & others…………..…………………Respondents Judgment November 11, 1996. Result: The Rule is made absolute. Case Referred to- Board of Intermediate and Secondary Education Vs. Rumana Ahmed, 1992...... made a detailed statement before the Board in writing vide Annexure‑III (a). It appears from the said statement that Dr. Mahfuzul Aziz, Associate Professor of Electrical and Electronics Department called him at about 2‑10/2‑11.00 PM just after the commencement of the examination at 2‑00 PM ......ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 104. ......J Amirul Kabir Chowdhury J Masum Ikbal (Md.)……………………………………………………………………………………….Petitioner Vs. Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangladesh Engineering University & o..

Category: Civil Law | Date: | Hits: 85

Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)

....ns and send it through CMM Court, Dhaka. This was received by the accused petitioner on the 4th September, 1993. It was directed in this summons that the accused petitioner was to appear either in person or through the lawyer before the learned magistrate on 5-9-1993. Thereafter, the petitioner as a......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ...... of Dr. Muzzammel Huq Chowdhury Vs. Chief Martial Law Adminstrator and others reported in 32 DLR (AD) 100 and Contended that sanction can be obtained after submission of charge‑sheet but before the trial commences even in case where a prior sanction by the Government is enjoined by law. This case ......Court High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J KM Hasan J Dr. Ahmed Sharif……………………………………..Petitioner Vs State and another……………………………………Opposite Parties Judgment August 1, 1994...

Category: Criminal Law | Date: | Hits: 70

Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)

....ns Case No.38 of 1989 by the learned Sessions Judge, Narayangonj convicting the appellants, namely, Nuru and Mozaffar under sections 302/34 of the Penal Code sentencing them thereunder to suffer imprisonment for life and also to pay a fine of Taka 3,000.00 in default to suffer RI for a further perio......t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ...... the corresponding GR Case No.95 of 1988. 3. On completion of investigation police submitted charge sheet against the two appellants under sections 302/34 of the Penal Code. On the commencement of trial the learned Sessions Judge framed charge against the appellants under the aforesaid section to....... Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ..

Category: Criminal Law | Date: | Hits: 56

Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)

....…..Petitioners Vs. State……………………………………………………………………………Opposite Party Judgment January 29, 1996. Result: The Rule in made absolute. Case Referred to- Abut Basher Vs. State 47 DLR 521. Lawyers Involved: Md. Delear......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ....../467/468/471/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 on 24‑8‑94. 4. The case record was received by the learned Sessions Judge on 31‑8‑94 for trial and was numbered as Special Case No.136 of 1994. Thereafter the learned Sessions Judge transfe......upon the Deputy Commissioner, Dhaka to show cause why the proceeding being Special Case No.136 of 1994 pending against the accused petitioners in the Court of the Additional Sessions Judge, 5th Court and Special Judge, Dhaka arising out of Gulshan PS Case No.17 dated 5-1-94 under sections 467/468/47..

Category: Criminal Law | Date: | Hits: 105

Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)

....udul Hoque and 5 others…………………….Petitioners Vs. Nowab Ali Chowdhury and 18 others…………..Opposite Parties Judgment January 18, 1995. Result: The Rule is made absolute. Lawyers Involved: Abdul Momen Chowdhury, Advocate-For the Petitioners. Kamal‑Ul A......hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......re out of 24.78 acres of the suit land by partition, on payment of fixed Court fee and subsequently on Payment of ad valorem Court fee, on 26-11‑77, in course of hearing argument of the suit in the trial Court. Plaintiffs claimed title and possession in the said land by successions and transfers a......itiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ..

Category: Civil Law | Date: | Hits: 86

Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)

....ed that the proceedings will continue and that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150....... No exception can therefore, be taken. The learned Magistrate had directed that the proceedings will continue and that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) ......nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150.......1979) 150...

Category: Criminal Law | Date: | Hits: 69

Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)

....sions Case No. 40 of 1997 arising out of Motlob Police Station Case No. 2 dated 5.4.1995 convicting the accused-appellant Humayun under Section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Tk. 5,000/- only, in default, to suffer rigorous imprison......r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......ng the F.I.R. 3. On completion of investigation of the case the Police submitted charge sheet under Section 302/34 of the Penal Code against the appellant and other accused persons. At the time of trial the charge under Section 302/34 of the Penal Code was framed against the appellant and 5 other...... the Appellant. Md. Ensanuddin Sheikh, Assistant Attorney General with Nurul Islam Matubbor, Assistant Attorney General - For the State. Criminal Appeal No. 899 of 1999 (Against the judgment and order of conviction and sentence dated 8.3.1999 passed by the Sessions judge, Chandpur in Sessio..

Category: Criminal Law | Date: | Hits: 112

Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)

....ponding to Ramna Police Station Case No. 64(9)07 convicting accused-appellant No. 1 under section 26(2) of the Anti-Corruption Commission Act, 2004 and sentencing him thereunder to suffer simple imprisonment for 3 years and further convicting him under section 27(1) of the Anti-Corruption Commission......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......d Special Judge also issued warrant of arrest because of non-appearance of the appellants. Accordingly, the case was registered as Metro. Special Case No. 04 of 2008. Then the case was made ready for trial in absentia. Thereafter, the case sent to the Court of learned Special Judge, Court No. 6, ......16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ..

Category: Criminal Law | Date: | Hits: 108

Abu Taleb Vs. State, 1988, 17 CLC (HCD)

.... Criminal Appeal No.286 of 1983. Judgment Habibur Rahman Khan J.- The appellant Abu Taleb has been convicted under Section 397 of the Penal Code and sentenced to suffer R.I. for 7 years and also to pay fine of Taka 2,000/-, in default, to suffer R.I. for 4 months more by the Assistant Sessio......on of the dacoity. He could not also say as to whether he will be in a position 16 identify any of the dacoits, if produced before him afterwards. He only stated that P.W. Fatik told him that dacoits called one Mofazzal at the time of getting down from the bus. In reply to cross examination the said......e accused persons under sections 395/397 of the Penal Code. In the meantime the accused appellant was arrested by the Police on 17.3.80. The accused appellant along with two others were placed on trial before the Assistant Sessions Judge Sirajgonj having been charged under section 395 of the Pen...... Taleb………………………..Appellant Vs. State.....................Respondent Judgment November 30, 1988. Result: The appeal is allowed. Cases Referred to- Safar Ali and others Vs. The state, 36 DLR 185; Munowar Ahmed Vs. The State, 8 DLR (SC) 157; Abul Hossain Mia ..

Category: Criminal Law | Date: | Hits: 84

Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)

....gh Court Division (Rangpur Bench) (Special Original Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Habibur Rahman Khan J Sirin Begum, wife of detenu Md. Ofazuddin Dewan, son of Late Samiruddin Dewan of Goshala Bazar (Tumal quarter), Police Station & District Lalmoni......ined in law. The learned Assistant Attorney-General has found himself helpless in explaining away the inherent anomalies and the apparent infirmities in the order of detention. The respondents though called upon, could not place any material for the satisfaction of the Court. 14. Having considere......arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ......Khan, 18 DLR (SC) 1966 page 214; 27 DLR 567; DLR 48; 40 DLR 21; 38 DLR 93 (RL. 101); Anwar Hossain Vs. Government of Bangladesh, 30 DLR 423; Sultan Ara Begum Vs. Secretary, Ministry of Home Affairs and others, 38 DLR 1986 page 93. Lawyers Involved: M. Taleb Ali, Advocate - For the Petitioner..

Category: Criminal Law | Date: | Hits: 66

Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)

....d of limitation and for permanent injunction restraining the defendants Nos.1-4 from filling up the suit water reservoir with earth and/or changing its nature and feature in any manner." There were also prayer for temporary injunction and mandatory injunction made in pursuance of the suit. 3. I......howing that a customary easement right may be acquired by virtue of local custom as easement in respect of some property within the locality in which the custom applies and easement of this sort is called customary easement. The plaintiff according to him claimed not customary easement but cus......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ...... March 30, 1988. Result: The appeal be allowed. Cases Referred to- Tofail Ahmed Vs. Ahmed AIR 1938 Nag 177; Gopal Krishna Sil, 34 CLJ 319; Gopal Krishna Sil. Vs. Abdus Samad Chowdhury and others, 34 CLJ 319; Shafatullah and others Vs. Munshi Ainuddin and others, PLD 1964 (Dac.) 52, A..

Category: Property Law | Date: | Hits: 58

Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)

....present form and it is barred by limitation. The defendant denied all the allegations and statements made in the plaint. 5. The defence case in short is that Sarada Ranjan DC and Kumud Ranjan DC sold 14 kedars of land including their homestead and two thatched huts as detailed in their Written ......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......the prayer for recovery of khash possession. Being aggrieved, the contesting delfts. Preferred T.A. No.24 of 1972. The plaintiff filed Title Appeal No.33 of 1972 as no mesne profit was allowed by the trial Court. The learned Additional District Judge dismissed the Title Appeal No.24 of 1972 and allo......llants. B.K. Das with Miftahuddin Chowdhury, Advocates - For the Respondents. Second Appeal No. 314 of 1973. Judgment Abdul Bari Sarker J.- This appeal is directed against the judgment and decrees passed by Mr. K.M. Hossain, Additional District Judge, Second Court, Sylhet in Title Ap�..

Category: Property Law | Date: | Hits: 66

Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)

....lal 2. Mst. Zaheda Banu 3. The State represented by the Deputy Commissioner, Rajshahi..........................Opposite Parties Judgment November 2, 1987. Result: The Rule is made absolute. Lawyers Involved: S.M. Amin Azhar with Md. Sajjad Ali Chowdhury, Advocates - For Petit....... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219....... party Nos.1 and 2 therefore should be bound down under the provision of section 107 of the Code of Criminal Procedure for keeping peace and safely of the petitioner and his family members. 3. The trial Magistrate served the opposite parties with notice to show cause why they should not be bound ...... Sajjad Ali Chowdhury, Advocates - For Petitioner. No one - For the Opposite Parties. Criminal Revision Case No. 38 of 1986. Judgment AKM Sadeque J.- This Rule obtained under Section 439 and 435 of the Code of Criminal Procedure is directed against the judgment and order purported to ha..

Category: Criminal Law | Date: | Hits: 70

Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)

....�med J Mostofa Kamal…………………….Petitioner Vs. B.D. Habibullah & others...................Opposite Parties Judgment December 14, 1988. Result: The Rule is made absolute. Cases Referred to- PLD 1949 Lahore 301(343); Sultan Ali Vs. Nur Hussain Habibur Rahm...... Assistant Judge has thus fallen into an error in finding otherwise. Section 26 of the said Ordinance runs as follows: 26. Election petitions.- (1) No election under this Ordinance shall be called in question except by an election petition under sub-section (2). (2) Any candidate can ...... matter arose a candidate for the office of a Union Parishad Chairman challenged the setting up of a polling station at an allegedly wrong place, and the defendant-petitioner unsuccessfully moved the trial Court for rejection of the plaint. The High Court has held that the jurisdiction of the Civil ......43); Sultan Ali Vs. Nur Hussain Habibur Rahman Vs. Election Commission, 40 DLR 459; Haji Sultan Ahmed Vs. Abdul Jalil Chowdhury, BCR 1988 HCD 61; 27 DLR (AD) 138; Jalaluddin Ahmed Vs. Matiur Rahman and others, AIR 1937 Allahabad, 365; ILR 1931 Bombay, 604; PLD 1949 Lahore 301; 39 DLR 451; 28 DLR..

Category: Election Law | Date: | Hits: 207

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