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Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......an Ali is no confessional statement at all, it is neither inculpatory nor has even implicated the other accused and it was not voluntary and not recorded by complying with the mandatory provisions of law. 9. Mr. Khandker Mahboob Alam, the learned Assistant Attorney-General appearing on behalf of ..Category: Criminal Law | Date: | Hits: 132
Sekandar Ali (Md.) Vs. Government of Bangladesh and others, 1990, 19 CLC (HCD)
.... connection with any other case. Accordingly the rule is made absolute. Let an advance order of release be issued as prayed for. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 346. ...... of terror the detenu, as Upazila Chairman, supported the said party. In this respect also Mr. Biswas pointed out that nothing was mentioned how the detenu supported the Sharbahara party or their unlawful activities. 8. The third ground was that the Muladi people were fed up by his oppression a..Category: Criminal Law | Date: | Hits: 117
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......ged bainapatra in the plaintiffs suit is a surveyor by profession and an uncle of the plaintiff. The attesting witness Shahadat is the plaintiff’s cousin and another witness Akabbar is brother-in-law of the plaintiff. The plaintiff-petitioner Md. Chand Mia by using the name of the plaintiffs fat..Category: Property Law | Date: | Hits: 133
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ......y the Chairman and one Member of the Court of Settlement under Abandoned Building (Supplementary Provisions) Ordinance, 1985 in Case No.13 of 1987 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner Mosammat Fatima Begum filed the..Category: Labour and Industrial Law | Date: | Hits: 197
Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340.......rticle 102 of the Constitution and obtained the present Rule. 6. Mr. Md. Khalilur Rahman, the learned Advocate appearing for the petitioner, submitted that the learned Labour Court acted without lawful authority in allowing the application and failed to notice that the petitioner stopped th..Category: Labour and Industrial Law | Date: | Hits: 193
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
.... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......39 A.D. corresponding to 24th Jaistra 1346 B.S. of plot No.953 (having tin hut), plot No.545 and plot No.632 of Mouza Jatrabari (Khatian No.48) to her daughter defendant No.1 Lal Banoo and her son-in-law and Lal Banoo's husband, added defendant No.20, Amjad Ali by registered deed of gift. Defendant ..Category: Property Law | Date: | Hits: 135
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....arned Subordinate Judge, Second Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ......rgues that the application under section 115 of the Code of Civil Procedure is not maintainable inasmuch as the order under Order 39, rule I, being an appealable order, no revision lies thereto under law. 4. Let us see what is meant by 'preliminary point'. The expression 'preliminary' in Order X..Category: Civil Law | Date: | Hits: 205
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....ack to the learned Subordinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ...... the dicta laid down in the Privy Council decision in the case of Secretary of State Vs. Mask and Co., 44 CWN, 709. The following paragraph of this decision is worthy of quotation:- "It is settled law that the exclusion of the jurisdiction of the Civil Courts is not to be readily inferred, but th..Category: Labour and Industrial Law | Date: | Hits: 179
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ...... bunkers either to get credit before he makes any supply or ensure that he will be paid from the time charterer or anybody else on his behalf. But if he supplies, without ensuring his own payment the law will not help him, because law will not help an indolent who is not himself diligent enough in h..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
....e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470.......collusively which does not impart any title to the plaintiff. It is on record that the suit property was made enemy property by order dated 3-12-65 in EP case No.195. Subsequently it, by operation of law, became vested and non-resident property. Ext. (A) shows that Abdul Gafur vendor of the plaintif..
Category: Property Law | Date: | Hits: 130
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460.......Mr. Nikhilesh Dutta, the learned Deputy Attorney-General appearing in the case for the petitioners, since the Government is not involved, submits that the learned District Judge committed an error of law in passing the impugned order rejecting the applications without assigning any reason for the sa..Category: Property Law | Date: | Hits: 106
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454.......made an application in the court, as referred above treating the position as absence of the plaintiff, which is apparently illegal. So dismissal of the suit on that count is not tenable in the eye of law. He further submits that according to the provision of Order 16 rule 10(1)(3) of the Code, the t..Category: Procedural Law | Date: | Hits: 137
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451.......ncidents of a contract of sale. Accordingly, possession is not required to complete the transfer as it is in the case of a heba, and an undivided share (mushaa) in property capable of division may be lawfully transferred by it though this cannot be done in the case of a heba (y) Two conditions, howe..Category: Property Law | Date: | Hits: 103
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447.......t. Appellate Court found that the plaintiff could not prove even prima facie title over the entire suit land. Appellate Court also opined that the plaintiffs possession in the entire suit land is not lawful. In fact the appellate Court found title and possession of the plaintiff in respect of said 0..Category: Property Law | Date: | Hits: 103
Muslim Ali (Md.) Vs. Dhaka Bar Association and others, 1998, 27 CLC (HCD)
....n as quickly as possible. For the aforesaid reasons and with the aforesaid observation I reject this petition in limine. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 446. ......n as quickly as possible. For the aforesaid reasons and with the aforesaid observation I reject this petition in limine. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 446. ..Category: Others | Date: | Hits: 143
Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
....entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ......tablished between him and the plaintiff. The plaintiff was once married with one Abdul Salam by a registered kabinnama and after some time of the marriage she eloped with one Abul Quashem, brother-in-law of her husband Abdus Salam. The brother of the plaintiff was an employee of the defendant and he..Category: Family Law | Date: | Hits: 230
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452.......sdiction to sell the mortgaged properties outside the Court and Article 3 of the said Order provides that the provisions of the BSRS Order will have effect notwithstanding the provisions of any other law; that BSRS as a secured Creditor realised its securities without the intervention of the Court a..Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ......w cause as to why acquisition notice dated 24.9. 1951 published in the Dhaka Gazette dated 4.10.51 (Annexure‑C to the writ petition) should not be declared to have been issued and published without lawful authority and to be of no legal effect and why they should not be directed to cancel the same..Category: Property Law | Date: | Hits: 121
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
.... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441.......his daughter. He also denied the suggestion that victim Abdul Aziz wanted to marry Chabi, daughter of the informant and for this he was killed by the informant himself. 17. P.W.6 is the son‑in‑law of the informant Abdul Hamid. He said in cross‑examination that his sister‑in‑law Chabi wa..Category: Criminal Law | Date: | Hits: 112
Dhaka Steel Works Ltd. Vs. Commissioner of Taxes, Dhaka (North Zone) Dhaka, 1992, 21 CLC (HCD)
....As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440.......ody appears on behalf of the assessee applicant. In this situation we are to see whether the High Court Division can decline to answer the question. This leads us to examine the relevant provision of law. Where a reference is made relating to question of law arising out of the order of the Tribunal ..Category: Fiscal/Taxation Law | Date: | Hits: 164
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