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Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ......or the Petitioner. Mihir Kanti Majumder, Advocate ‑ For the Opposite Parties. Civil Revision No. 2550 of 1991. Judgment Bimalendu Bikash Roy Chowdhury J.- This rule arises out of a suit for declaration of title and recovery of khas possession in certain land. It is being contested by s......the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ......t unfortunately he died before he could be cross‑examined. An application was thereupon filed from the side of the petitioner for an order to have his deposition expunged as being inadmissible. The trial judge, by the impugned order dated 5.8.91, rejected the same. It is against this order that th..Category: Procedural Law | Date: | Hits: 91
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......pazila Magistrate, Nawabgonj, Dhaka should not be quashed. 2. Facts leading to this Rule are as follows: The complainant‑opposite party No.2, Md. Tasar Ali Mia filed a petition of complaint before the Upazila Magistrate, Nowabgonj alleging that the accused petitioner Md. Shafiuddin Khan requ......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......g. It is to be mentioned, however, that intention to cheat is to be gathered from surrounding circumstances.” We have already noticed that the petitioner tried to get himself discharged from the trial Court in hearing under section 241A Cr.P.C. in which he produced the GD entry dated 6.8.83 to ..Category: Criminal Law | Date: | Hits: 132
....matters arising in contract executed by the State, he has referred to a number of decisions of the Indian Supreme Court to which we shall advert at the relevant portion of the judgment. So, it is the right to be treated justly and fairly is one of the main issues placed before us by the learned Coun......provisional work order in favour of respondent No.6 Mr. MA Momit (Asuk) Annexure ‘N’.
2. It is the case of the petitioner that he is doing his business with Sylhet Pulp and Paper Mills Limited for quite some time. The said Mills published a tender notice for supplying Mariti (bamboo) from the......n of the petitioner's tender at all is an arbitrary exercise of power by the Mill authority and also of the Government in the Ministry of Industry, because the petitioner had not been treated justly, fairly and equally with other tenderers and it has violated the equality clause as guaranteed by the......ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
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Category: Others | Date: | Hits: 128
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....nt case as the petitioners failed to prove that they were sub‑tenants under the tenant Syed Ahmed, I hold that the Court did not commit any error in refusing to exercise his discretion in this case rightly. 3. Mr. Faridul Alam Chowdhury further submits that his client produced certain document ......Judgment AM Mahmudur Rahman J. - By this Rule the opposite parties were directed to show cause as to why the impugned order passed by the Trial Court on September 16, 1986 rejecting an application for adding the petitioners as added defendants in SCC Suit No. 1 of 1986 pending in the court of Mun......rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ..Category: Property Law | Date: | Hits: 67
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....ent and no prayer for recovery of possession is required. 9. Mr. Kaiseruddin Ahmed, the learned Deputy Attorney‑General appearing for the Government, submitted that the learned Subordinate Judge rightly dismissed the suit as the property is in possession of a third party as a lessee under the G......d against a judgment and decree dated 30.6.87 passed by the Subordinate Judge, 3rd Court, Dhaka in Title Suit No. 353 of 1984 dismissing the suit. 2. The appellant as plaintiff filed the said suit for declaration that he is a citizen of Bangladesh and that the suit property is not an abandoned pr......s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ..Category: Property Law | Date: | Hits: 73
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
.... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ......a while in possession as owner of the said land by 3 registered kabalas, Exts. 1, 1(e) and 1 (b) sold 6 acres of land to the plaintiffs and delivered possession thereof to him. Since purchase of the aforesaid land (described in schedule 2 to the plaint) the plaintiff was in possession by cultivating...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....eeting held on 19th March, 1981 Mr. Justice TH Khan was appointed sole Arbitrator (vide page 5 of the Additional Paper Book‑1) under a letter dated April 16, 1981 for settling the dispute regarding right, tide and ownership of the Adamjee Court Annexe Building. The Arbitrator entered into referenc...... 75 of 1983. Judgment AM Mahmudur Rahman J.- This appeal is against an ex‑parte decree passed in Title Suit No.467 of 1982 making the Award made by the Arbitrator a rule of the court. 2. Before I proceed to deliver the judgment I am impelled to make certain observation on the conduct of t......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......by him the defendant was to deliver vacant possession of the land in dispute to the plaintiffs and the plaintiffs were to pay the cost of litigation. The defendant took objection to the award and the trial court accepted the same but on appeal the appellate Court directed to record the agreement on ..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....re witnesses in the present case and hence they are interested and partisan. He has assailed the finding of the learned Assistant Sessions Judge to the effect that the accused appellants exceeded the right of private defence of person as well as property by causing such grievous injuries to the vict......d in all 14 in number, in the Court of the learned Sessions Judge, Cox's Bazar, the case was transferred to the Court of the learned Assistant Sessions Judge (deemed Addl. Sessions Judge) Cox's Bazar for trial. At the conclusion of the trial, the learned Assistant Sessions Judge (as Additional Sessi...... already been overpowered, thrown on the floor and disarmed for there could be thereafter no cause for apprehending either death or grievous hurt. Even in a sudden quarrel and a sudden fright if unfair advantage is taken by using knife on a helpless opponent directly to cause fatal injuries on th......shid Ahmed, Advocate‑For the State. Criminal Appeal No.611 of 1989. Judgment Muhammad Ansar Ali J. - Appellants Sarwar Kamal, Mir Kashem alias Md. Mir Kashem and Darbesh Ali were placed on trial in the Court of the learned Assistant Sessions Judge deemed Addl. Sessions Judge) Cox’s Baza..Category: Criminal Law | Date: | Hits: 86
Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)
....ers entered into the room, following whom his wife and daughter rushed there. The robbers had threatened them to keep silent and one of them forcefully took earrings of his wife causing injury to her right ear, when the other took gold ornaments from his daughter. Hearing her (daughter’s) cry, the...... Additional Sessions Judge, Bagerhat in Session Case No.41 of 1995 convicting the appellants under section 394 of the Penal Code and sentencing each of them thereunder to suffer rigorous imprisonment for five years with a fine of Taka 2000/- for each in default to suffer rigorous imprisonment for an......Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ......o Bagerhat Police Station Case No.10 dated 13.8.1994. The police, after investigation submitted charge sheet against the appellants under section 394 of the Penal Code. The case after being ready for trial, was sent to the Sessions Judge, Bagerhat, wherein it was registered as Session Case No.41 of ..Category: Criminal Law | Date: | Hits: 58
Babul and others Vs. State, 2011, 40 CLC (HCD)
....at he had gone to Chandragonj Bazar to ply rickshaw. The prosecution has been able to prove its case at least by one eye-witness and also by circumstantial evidence, and the Additional Sessions Judge rightly convicted and sentenced the appellants. 8. In order to appreciate the submissions of the ......ional Sessions Judge, Lakshmipur in Session Case No.86 of 1999 convicting the appellants under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer rigorous imprisonment for life with a fine of Taka 20,000/- for each in default to suffer rigorous imprisonment for one ye......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......he Penal Code. The police had investigated the case and submitted charge sheet under sections 364/302/201/34 of the Penal Code against the appellants and another. 4. The case after being ready for trial was sent to the Sessions Judge, Lakshmipur and was registered as Session Case No. 86 of 1999. ..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....mortem examination report and the deposition of P.W.11 Doctor Motaleb Ahmed who held autopsy on the dead body of the deceased on 7.9.89 found the following injuries- “1. One stitched up wound on right side of abdomen longitudinally with ten stitches 7” in length extended from right hypochondr......d appellants (1) Sohel and (2) Manu in Criminal Appeal No.500 of 1990 along with others have been convicted on 14.4.90 under sections 302/34 of the Penal Code and sentenced thereunder to imprisonment for life and to pay fine of Tk. 2,000.00 each, in default, to suffer rigorous imprisonment for one y......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......ted charge sheet against the appellant and 12 others under sections 447/448/ 449/324/326/307/302/379/34 of the Penal Code on 9.1.88. 4. The accused appellants along with some others were placed on trial in the court of Additional Sessions Judge, Rajshahi under sections 302/34 of the Penal Code. A..Category: Criminal Law | Date: | Hits: 83
Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)
....tem examination over the dead body of Rahima Khatoon on 15.8.86 on the identification of P.W.5 constable Billal Hossain. He found two lacerated wounds, one on the left prietal bone and another on the right leg and two abrasions on the left side and right side of the abdomen. In his opinion death was......der dated 17.8.89 passed by the Additional Sessions Judge, Jessore in Sessions Case No.1 of 1987 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Tk. 2000.00, in default, to suffer rigorous imprisonment for one ......hen there was no time to remove the dead body in the broad day light of the following day. In our country specially in the villages beating the wife by the husband on flimsy pretext is a common day affair. Normally such beating is to chastise the wife for unbecoming behaviour. Such beating becomes e...... charge‑sheet under sections 302/201 of the Bangladesh Penal Code was filed against the appellant and final report against the remaining accused persons who were ultimately discharged. 3. At the trial the appellant was charged under sections 302/201 BPC to which he pleaded not guilty and claime..Category: Criminal Law | Date: | Hits: 78
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....estate. The section also includes a proviso that no such order for removing the mutwalli shall be made without giving him an opportunity of being heard. Sub‑section (2) gives the aggrieved person a right of appeal to the District Judge, but no such appeal lies, unless the mutwalli has made over ch......'D') passed the Administrator of Waqfs, excluding Tobarak Sikder from the mutwalliship of Al‑Haj Mohammad Yousuf Sardar (Gausia Market) Waqf Estate and approving a Special Committee of five persons for the management of the said Waqf for a period of two years. An order was also passed staying the ......a period of two years. An order was also passed staying the impugned order but it was later modified by this court on 11.2.92 by which the enquiry as ordered by the Administrator of Waqfs, into the affairs of the Alhaj Mohammad Yusuf Sardar (Gousia Market) Waqf Estate was allowed to be continued. An......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70...Category: Trust/Waqf Law | Date: | Hits: 157
Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
....tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ...... Ali, Asadullah, Martuz Ali and Fakir since acquitted were charged along with accused appellants Bashir Ali, Aftab Ali, Moshai and Hashir Ali alias Hushiar Ali under sections 302/34 of the Penal Code for murdering one Amjad Ali and they were placed on trial before the Additional Sessions Judge, Firs......tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......d were charged along with accused appellants Bashir Ali, Aftab Ali, Moshai and Hashir Ali alias Hushiar Ali under sections 302/34 of the Penal Code for murdering one Amjad Ali and they were placed on trial before the Additional Sessions Judge, First Court, Sylhet, in Sessions Case No.228 of 1992. Th..Category: Criminal Law | Date: | Hits: 62
Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)
....nsif, North Raozan. The suit was contested by defendant Nos. 1, 2, 4, 5, 6 and 9 by filing written statement. They denied the allegation made in the plaint. Their case was that the plaintiffs have no right, title and interest in the property which the defendants cultivated as bargadar under the orig......t AM Mahmudur Rahman J.- In this Rule the petitioner was lessee under the Government of the disputed land which was treated by the Government as enemy property. 2. The petitioner obtained lease for the year 1373 BS to 1380 BS from year to year and upon such lease while they were in possession ......ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ...... no right, title and interest in the property which the defendants cultivated as bargadar under the original owner Dilip Kumar Sen and thereafter under the purchaser from Dilip Kumar Sen. The learned trial Court by its judgment and decree dated 31‑3‑75 decreed the suit restraining the defendants..Category: Property Law | Date: | Hits: 75
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ......use why the impugned decision of punishment dated 28.11.89 (Annexure‑I) of the Syndicate of the University of Dhaka imposed upon the petitioner debarring him from appearing at BA (Pass) examination for 3 successive years in addition to the cancellation of the examination concerned as communicated ......pondents on 29.1.90 and came to know that the University Authority have already given a decision on the basis of the proceeding started against the petitioner in respect of the alleged adoption of unfair means by the petitioner in the said BA (Pass) examination. The office of the respondent No.3 a......ding such enquiries, the Tribunals must scrupulously follow rules of natural justice; but it would, we think, not be reasonable to import into these enquiries all considerations which govern criminal trials in ordinary Courts of law. The following principles can be culled from the pronouncements mad..Category: Others | Date: | Hits: 122
Abdul Jalil Sheik Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)
....e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......dure. 2. The case of the petitioner is that he failed Miscellaneous Case No.32 of 1983 under section 96 of the East Bengal State Acquisition and Tenancy Act against the opposite party pre‑emptee for pre‑emption of the land of Mouza Delua, SA Khatian No.831, Plot No.480 being an area of 0.06 d......e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......so found that he was entitled to the relief of pre‑emption. But for non‑payment of this cost of Taka 200.00 for taking adjournment earlier on 10.4.85 his pre‑emption case was disallowed by the trial Court by its order dated 8.8.85. In disallowing the pre‑emption case the trial Court observ..Category: Property Law | Date: | Hits: 75
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....ase No.608 of 1979 in the Court of Munsif, 1st Court, Chittagong contending, inter alia, that the land described in Schedule 1 of the application originally belonged to Tamizuddin as per CS record of right and after the death of said Tamizuddin his son Rahamatullah inherited the same and aforesaid R......hat the land described in Schedule 1 of the application originally belonged to Tamizuddin as per CS record of right and after the death of said Tamizuddin his son Rahamatullah inherited the same and aforesaid Rahamatullah sold these schedule land to Abdul Bari Sowdagar on 9.3.1929. Abdul Bari who su......sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ......l before the District Judge, Chittagong and the appeal was heard by Subordinate Judge, 2nd Court Chittagong and on reappraisal of the evidence on record he could not concur with the view taken by the trial Court on the point of limitation and having made proper analysis of evidence came to the findi..Category: Property Law | Date: | Hits: 72
....spondent as plaintiff filed the aforesaid suit for perpetual injunction against the appellant praying for restraining the defendant and his employees and representatives from using trade mark and copyright similar to that of the plaintiff in the toilet bath soap produced by the defendant. In that su......que J. - This appeal at the instance of the defendant is against Judgment and order dated 26.2.94 passed by the Additional District Judge, 3rd Court Dhaka in Title Suit No. 39 of 1993 allowing prayer for temporary injunction restraining the defendant form using similar design and get up and marketin......herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
......the court whether any issue regarding maintainability of the suit has been framed or not. But from the written objection it does not appear that such question of maintainability was raised before the trial Court at the time of hearing of the injunction matter. It does not appear from the impugned or..
Category: Intellectual Property Law | Date: | Hits: 224
....r that while the certificate granted by the Revenue Authority which is revisable permits the retention of the quantity of the land in excess of permissible limit, such certificate does not confer any right upon the certificate-holder because sub-section (4B) says- “the land held under a certificat......vil Rule No.32 (R) of 1982).
Judgment
Badrul Haider Chowdhury J.- This appeal by special leave is directed against an order of the High Court Division in Civil Rule No.32(1) refusing the prayer for status quo. Civil Revision No.1110 of 1974 is pending in the High Court Division which arose out......nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
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Category: Procedural Law | Date: | Hits: 68
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