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....nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
......nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
...... declaration that the treating of the suit property as vested and non-resident property is illegal and without jurisdiction. It is the case of the plaintiff that the suit property originally belonged to Kailash Chandra Das, Nitta Nanda Das and Radhakanta Das and their names were duly recorded in CS ......ft this country in 1053. Thereafter, one Abdul Kader, a non local, had been residing in the holding with his family and also inducted some other persons in the suit holding as his tenants without any lawful authority. That the said unauthorised occupant Abdur Kader recently demolished the shed in th..
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. ...... 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. ......d his heir Sudhir Chandra Das...............Petitioner Vs. Hazera Khatun................Opposite Party Judgment January 12, 1994. Result: The Rule is made absolute. Case Referred to- Sir Hari Sankar Pal and another Vs. Anath Nath Mitter and others, 1949 (FC) 106. Lawyers I......se when it is moved before a Court. He submits that without-hearing the opposite party‑petitioner (the Judgment debtor) the learned Judge in passing the aforesaid order committed serious error of law and the mistake committed calls for review of the order. 4. This Rule is resisted by the plai..Category: Civil Law | Date: | Hits: 157
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......dence of P.Ws.3, 4, 5 and 6 and thus relying on his statement he found the accused Khalilur Rahman and Habibur Rahman guilty of the offence under sections 302/149 of the Penal Code and sentenced them accordingly. The learned Judge has observed: 10. In a case where witnesses are related and intere......995. 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 Public Prosecution, 1935 AC 462; Benoyendra Chandra Pandey Vs. Em...... First Information Report with the Salla Police Station on 8.5.89 alleging that on 7.5.89 at about 11‑00 AM the 12 accused named in First Information Report with 8‑10 unknown persons forming an unlawful assembly being armed with deadly weapons trespassed into the house of Sikim Ali and entered i..Category: Criminal Law | Date: | Hits: 139
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....f judges by scandalising them is not for protection of the individual or personal prestige and image of the Judge concerned, rather it is aim to prevent undue interference with the administration of justice. To quote the learned author “the Judge punishing a contemner only does his duty of uphold......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. ......Petitioners Vs. Ashok Kumar Karmaker and others..............Respondents Judgment June 29, 1995. Result: The proceeding for contempt is dropped against Contemners. Cases Referred to- Quintin Hogg Case, (1958) 2 WLR 1206; Special Reference No.1 of 1964, 1965 (SC) 745; Sir Edwa...... 5. Before I embark upon the discussion of the Article I want to state, briefly, the object of punishing for contempt for scandalising Judges. In ex parte Whitmore it has been stated thus: "The law punishes the contemner out of no personal consideration for the Judges. The punishment is not m..Category: Criminal Law | Date: | Hits: 149
Shahidullah Kazi, Amjad Hossain Vs. State, Abul Kasem, 1995, 24 CLC (HCD)
....Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ......Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ......sult: The Rule is made absolute in part. Lawyers Involved: Not Represented ‑For the Petitioners. Osman Ghani, Advocate ‑ For the Opposite Party No.2. Abdus Salam Mamun, Assistant Attorney-General - For the State. Criminal Revision No.1106 of 1993. Judgment Kazi Ebadul Hoq......Mulak Aparad Daman Ain and the same was submitted beyond the period of 30 days without obtaining any extension of time from the tribunal as required as under sub-section (2) of section 15 of the said law. It has also been noticed in the FIR there was no mention of any offence under the Santrash Mula..Category: Criminal Law | Date: | Hits: 97
Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)
....nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ......nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ...... Muslim Halder (Md.)..............Petitioner Vs. Hajrat Ali Halder & others...............Respondents Judgment June 15, 1995. Result: The Rule is discharged. Cases Referred to- Aseruddin Sk Vs. Serqiuddin Talukder, 30 DLR 75; Tayeb Ali and another Vs. Abdul Mutlib in Ci......nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ..Category: Property Law | Date: | Hits: 106
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
....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. ......presentation to the proper Court i.e. in the Court of 3rd Assistant Judge, Dhaka on the ground that the suit property was situated within the territorial jurisdiction of the latter Court. On 25.8.93, accordingly, an order was passed to return the plaint along with the vokalatnama. An application und......…………………petitioner Vs. Shah Iqbal Ahsan and others………………………opposite Parties Judgment July 19, 1995. Result: The Rule is discharged. Case Referred to- Khan Sahib Khan Muhammad Saadat Ali Khan Vs. Administrator of the City Corporation of Lahore,...... meantime no step having been taken for substitution of the heirs of the sole deceased petitioner and the stipulated period having been elapsed long before the revision itself has abated according to law. 4. Mr. Miah Abdul Gafur who obtained the Rule for the petitioner submits that he tried to co..Category: Procedural Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....adan Law. 4. In the aforesaid circumstances and evidence on record I am to make a decision whether the Judgments of the Courts below are legal or resulted in an error of law occasioning failure of justice., At the very outset I want to quote the provision of section 96(10) of the Act which is as ......of the latter." From this definition I do not find any distinction between gift and Hiba. Hiba is Arabic name of gift. So gift or Hiba in whatever name it is called is exempted from pre‑emption, according to the provision of sub‑section (10) of section 96 of the Act. In the deed (Ext.3) the p......ed J Hafiz Ahmed.............Petitioner Vs. Ahmedur Rahman and others.................Opposite party Judgment March 20, 1995. Result: The Rule is made absolute. Cases Referred to- Shamsuzzoha Nurul Amin Vs. Province of East Pakistan, 22 DLR 377; Md. Newjish Khan Vs. Md. Am...... of the State Acquisition & Tenancy Act (which shall hereinafter be called the Act). 2. Nazamat Ali gifted the disputed land including his homestead measuring 0.70 acres to his daughter‑in‑law (son's wife) the opposite party 1 Nazuma Khatun for love and for good service rendered by the so..Category: Property Law | Date: | Hits: 127
....ead of following Rules 37 and 38 of the said Employees Service Rules 1992 for formal action under Rule 34 giving chance of hearing through service of show cause notices under the principle of natural justice. Since authority did not proceed take action against the employees as per above specific Rul......gations were disclosed in the termination letter against the employees it can not be termed as termination simpliciter. All those allegations are stigma against the terminated employees and, as such, according to learned Advocate the authority cannot take recourse to Rule 50(2) of the Employees Serv...... Reza and 15 others……..Petitioners
Vs.
Chairman, Bangladesh Public Administration Training Centre and others…………….. Respondents
Judgment
November 18, 1998.
Cases Referred to-
46 DLR (AD) 1; 43 DLR (AD) 154; 31 DLR (AD) 298.
Lawyers Involved:
SM Ebdadul Hoque, Ad......ions such as Writ Petition Nos. 977-987 of 1998, 1008-1011 of 1998 and 1047 of 1998 are heard together and are being disposed of by the same judgment as all these writ petitions involve same point of law and about 23 employees including present petitioners were terminated by the Chairman (Rector) of..
Category: Employment/Service Law | Date: | Hits: 160
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
.... investigation shall make an order stopping further investigation into the offence unless the officer making the investigation satisfied the Magistrate that for special reasons and in the interest of justice the continuation of the investigation beyond the specified period is necessary in which case...... that by the added section 5A, only the time limit for investigation is extended to 180 days in place of sixty days as provided under sub section (5) of section 167 of Code of Criminal Procedure. So, according to him, further amendment of sub-section (5) of section 167 by Act XLII of 1992 shall not ........ Opposite Party Judgment April 25, 1999. Result: The Rule is discharged. Lawyers Involved: M Amirul Islam, Advocate — For the Petitioners. Munsurul Haque Choudhury, Deputy Attorney General — For the State. Criminal Miscellaneous Case No. 2220 of 1995. Judgment Md......xty days as provided in sub-section (5) of section 167 of the Code of Criminal Procedure. He further has argued that when there is any legislation by incorporation or by reference to any provision of law the application of the provision amended or added by such legislation be restricted to the exten..Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
.... ‘Conduct, behaviour, something done, the condition of acting, an act or series of acts. Term in its usual legal sense means a law suit brought in a Court;……An ordinary proceeding in a Court of justice by which one party prosecutes another for enforcement or protection of a right, the redress ......aterial and important which needs thorough and strict scrutiny. The plaintiff alleged in his plaint that the public power supply disrupted in his factory at 8-35 AM on 28-1-88 and as P.W.1 he deposed accordingly, further adding that he put the standby generator into operation immediately. His furthe......osts. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......suit by the parties. 9. Mr. Manjurur Rahim, the learned Counsel for the defendant-appellant to annul the impugned judgment and decree, submits that, the decree of the learned trial Court is bad in law as well as in fact and merit of the case and is liable to be set aside, that the impugned judgme..Category: Business or Commercial Law | Date: | Hits: 522
State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)
....RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......ticing Advocate and the Notary Public. His evidence will be considered later on. P.W.8 Dr. Mamunur Rashid is the doctor who held autopsy on the dead body. Head of the dead body was found severed and, according to the doctor, victim met with homicidal death. P.W.9 Abdul Kuddus Talukder is the materna......iah @ Abdul Mannan and 5 others…………………Respondents Judgment February 23, 1998. Result: The death reference is rejected. Lawyers Involved: Syed Abu Kowser, Assistant Attorney-General - For the State. Anisul Huq with Md. Kaiser Ali, Advocates - For the Condemned Pri......e accused persons. But these facts are not sufficient to hold that the accused persons, in fact, committed the murder. Suspicion, however, strong cannot take the place of proof. Prosecution under the law is bound to prove its case beyond all reasonable doubt and if it is found that there is doubt in..Category: Criminal Law | Date: | Hits: 129
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
....n while hearing a Revision Petition is purely discretionary and the discretion is to be exercised only when there is an error of law resulting in an error in the decision and by that error failure of justice has been occasioned and interference is called for the end of justice and not otherwise. Err......he decisions which have been arrived at by the Courts below. The judgment of the Courts below, thus, do not warrant any interference by us. 16. The Rule is devoid of any substance and the same is, accordingly, discharged without any order as to costs. The judgments of the Courts below stand maint......er section 115 of the Code of Civil Procedure, the propriety of the concurrent decision of the Courts below have been called in question whereupon Rule was issued calling upon the Opposite Party No.1 to show cause as to why the Judgment and decree dated 9-10-97 passed by the learned Subordinate Judg......learned family judge further found that the plaintiff was entitled to both prompt dower amounting to Taka 43,000.00 and deferred dower amounting to Taka 42,000.00 in all Taka 85,000.00 in view of the law contained in the Muslim Family Laws Ordinance, 1961. The other claim of the plaintiff for value ..Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
.... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ...... (Islami Bank Bangladesh Ltd.) compromised the matter amicably upon filing a solenama. The Artha Rin Adalat, 1st Court, Chittagong accepted the said solenama and the execution case were disposed of according to the terms of the said solenama. As per the terms and condition of the said solenama the...... Ayat Steels Limited…………………Appellant Vs. Mohammad Ali…………………Respondents Judgment February 6, 2011. Result: The appeal is dismissed. Cases Referred to- PT Krishnaswami Ayyangar Vs. Chevula Kamalamma, AIR 1941 PC 90 (92); (Obla) Sundarachriar Vs.......d the order of stay on 16-11-2009 and it was also directed by this Court that the Artha Rin Adalat, 1st Court, Chittagong to proceed with the Artha Rin Adalat Case No.340 of 2005 in accordance with law. Thereafter, being aggrieved by the aforesaid order Mr. MA Salam as a director of Capital Ship B..Category: Civil Law | Date: | Hits: 235
....ys. It has been stated in the application for condonation of delay that due to bona fide and unintentional mistake appeal could not be filed in time for which the delay should be condoned for ends of justice.
3. The law is well settled that under a special law where a time limit has been given to......hat view of the matter the application for condonation of delay is rejected and the Customs Appeal No.04 of 2010 is hereby dismissed.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 416.
...... is also Reported in: 63 DLR (HCD) (2011) 416.
......ted in the application for condonation of delay that due to bona fide and unintentional mistake appeal could not be filed in time for which the delay should be condoned for ends of justice.
3. The law is well settled that under a special law where a time limit has been given to file an appeal, th..
Category: Limitation Law | Date: | Hits: 324
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435....... Manik Bala…………………Respondent Judgment December 5, 1988. Result: The reference is rejected and the Jail appeal is allowed. Lawyers Involved: M. Shamsul Alam, Deputy Attorney General with Obaidur Rahman Mostafa, M. A. Rouf, Advocates - For the State. Md. Abdur Ra......abacha within Police Station Patharghata, District Borguna. 3. The informant lodged a First Information Report with the Patharghata Police Station at 11.35 A.M. on 14.8.85 alleging that his son-in-law Manik Bala, the condemned prisoner, married his daughter Alo Tara 7/8 months prior to the date o..Category: Criminal Law | Date: | Hits: 142
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
.... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433....... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433.......……………Appellant Vs. Md. Zakaria & others......................................Respondents Judgment January 9, 1988. Result: The Rule is made absolute. Case Referred to- Nur Ahmed Vs. Kalimuddin Ahmed, BCR 1987 (AD) 152. Lawyers Involved: Md. Marfat Ali, Ad......ing in petition Case No.757 at of 1986 of Court of the Additional Chief Metropolitan Magistrate, Dhaka is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 43..Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....ce to prove the loan of Tk.45,000/-although. D.W.2 stated in chief that the money i.e. Tk.45,000/- was deposited to his account towards repayment of personal loan and this has occasioned a failure of justice. The learned Judge came to the finding that the genuineness of Ext. W series was doubtfu......sembled in Dhaka on 1.11.70 and had knowledge and consent of oral agreement made in the middle of June, 1973 and that the defendant No.1 acted for himself as well as on behalf of all the partners and accordingly it was a case of assignment by all the partners and not by the defendant No.1 alone, tha.......................Appellants Vs. Md. Shamsuddin Khan & others...................................Respondents Judgment May 2, 1989. Result: The appeal is allowed. Cases Referred to- Sarwar Khan Vs. Gulam Sarwar and others, PLD 1982 AJ & K 126; Ram Singh Kundan Singh and...... Is the suit maintainable in its present form? 2. Is the suit void? 3. Is there any privity of contract between the Plaintiffs and the defendants? 4. Is the agreement, if any, enforceable in law? 5. Is the suit bad for defect of parties? 6. Is the suit barred by limitation? 7. Are ..Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
.... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347.......of respondent No.2, as wrongly contended by the petitioner. The affairs of the school are managed by the Management Committee, formed for the purpose of proper and efficient management of the school, according to the rules and regulations of the Board of Intermediate and Secondary Education.” 5......…Petitioner Vs. Chairman, Labour Court of Khulna Division, Khulna and others…………..Respondents Judgment January 9, 1990. Result: The Rule is discharged. Cases Referred to: PLD 1961 (SC) 403; 21 DLR 522; 33 DLR 29; 18 DLR 299. Lawyers Involved: Md. Korban Ali,......86 calling upon the respondent to show cause as to why the decision and order of the Labour Court, Khulna Division, passed in Case No.IRO. 24/82 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The case of the petitioner, in short, is that he i..Category: Labour and Industrial Law | Date: | Hits: 184
Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)
....ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ......ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ......…Opposite Party Judgment May 20, 1999. Lawyers Involved: Sultan Ahmad with Malik Syed Ahmad and Md. Joynul Abedin, Advocates — For the Petitioner. Abul Hossain Azadi, Assistant Attorney- General — For the State. Criminal Miscellaneous Case No.2214 of 1995 Judgment ABM...... Heard the learned Advocates and perused the record. 8. It appears that the Antiquities Act, 1968 (Act No.XIV of 1968) (hereinafter referred to as the Act) was enacted to consolidate and amend the law relating to the preservation and protection of the antiquities. 9. The word "antiquity" was ..Category: Others | Date: | Hits: 159
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