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Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ...... under Rule 29 there is no provision for directing repolling in any centre and that in the instant election no situation, even according to the petitioner, was created to adjourn the poll and as such question of repolling does not arise. He then submits that admittedly the election on 22-1-92 took p...... no error of law. He added that after close of the polls in question, subsequent action of the Election Commission and other authorities are, on the face of it, illegal. In order to appreciate the facts involved in the Rule the following dates may be mentioned at the outset. 22-1-92: poll took..Category: Election Law | Date: | Hits: 248
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400....... —For the Opposite Party No.1. Civil Revision No. 577 of 1998. Judgment AK Badrul Huq J. - Can a Court deal with a matter decided earlier by it rendering a decision giving finality is the question which requires an answer in this Rule. 2. Rule was issued calling upon the opposite part......1 to show cause why order dated 29-6-1997 passed by the learned Additional District Judge, Second Court, Bogra in Other Class Appeal No.26 of 1997 should not be set aside. 3. A brief resume of the facts essential and requisite for the purpose of answering to the question is stated hereunder: T..Category: Civil Law | Date: | Hits: 200
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.......ly all the facts constituting the offence. A statement containing self-exculpatory matters cannot amount to confession. From the discussion made above it is quite clear to us that the statement in question did not amount to a confession at all. Apart from that we have earlier noticed that ther......he case of Pakala Narayan Swami Vs. Emperor, AIR 1939 PC 47 a confession is said to be a statement made by an accused which must either admit in terms the offence or at any rate substantially all the facts constituting the offence. A statement containing self-exculpatory matters cannot amount to con..Category: Criminal Law | Date: | Hits: 132
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.......e defendants within two years after which the defendants promised to execute and register a sale deed. The contract lapsed on 20.4.79. The plaintiff asked the defendants to register the deed in question but the defendants failed to do so. It is also the plaintiffs case that the possession of t......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...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. ...... statement but contested the case. The case of the respondent was that the said Nabijan and her heirs were immigrants and their whereabouts were not known after liberation and as such the property in question is Abandoned Property and the alleged transfers were made without prior permission of the G......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. ..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.......rther submitted that as the learned Labour Court found that the ground of stoppage of work was not beyond the control of the employer on the basis of the materials before it, this finding on disputed question of fact cannot be disturbed in Writ Jurisdiction. 8. In reply Mr. Khalilur Rahman subm......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...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.......co-sharer of the joint estate and cannot be regarded as an assertion of a right to hold" it as separate so as to assert an adverse claim against other co-sharers having interest therein. When the question arises as to whether the possession is either lawful or unlawful, it must be assumed, in th...... 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...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. ......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. ......he Subordinate Judge, Second Court, Sylhet in Title Suit No.147 of 1988 confirming the order of ad interim injunction passed on 26.9.1988 against the defendant petitioner Nos.27 and 28. 2. Short facts leading to this revisional application is that Title Suit No.206 of 1970 was decreed and the..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. ......urt and the Labour Court was appropriate Court to adjudicate the matter involved in the suit. Being aggrieved the plaintiff has obtained this Rule. 5. The decision in this Rule turns upon the only question whether Civil Court his jurisdiction to entertain the dispute in question. When question of......d 3.8.1988 in analogous hearing passed by Assistant Judge, Second Court at Sadar Chittagong being Other Suit No.68 of 1988. Both the Rules are being disposed of under this judgment. 2. The brief facts leading to this Rule are these. The Bangladesh Chemical Industries Corporation (BCIC) had a pr..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. ......rterer, that in accordance with the provisions of clause 70 of the said charter party the charterers were under an obligation to supply intermediate fuel oil and marine diesel oil and the bunkers in question were ordered by the charterer at Port Said and the port at Hong Kong during the period of c......aru, (the vessel) in which the alleged bunkers were supplied. Defendant No.2 is the Master of the vessel while defendant No.3. Momtaz Shipping and defendant No.4 is the owner of the vessel. 2. The facts leading to the filing of this admiralty suit, as stated in the plaint, in brief, are that on t..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Major (Retd.) M Asaduzzaman Vs. District Magistrate, Jessore and others, 1999, 28 CLC (HCD)
....ith effect from its date of expiry (if not already renewed) within 2(two) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 471.......ith effect from its date of expiry (if not already renewed) within 2(two) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 471.......fety. The respondents have not filed any affidavit-in-opposition disclosing materials justifying retention of the petitioners gun and licences in their possession for indefinite period. 16. In the facts and circumstances the impugned order as exhibited by Annexure ‘A’ to the writ petition is ..Category: Criminal Law | Date: | Hits: 132
Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......s not aware about other cases and it was not made party in these cases. It is also stated that it approved the plan of respondent No.2. 5. In a nutshell the respondent No.2 states that the land in question was settled with the erstwhile tenant by the Court of Ward. Subsequently it was requisition......he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462...Category: Property Law | Date: | Hits: 248
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.......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.......gainst an order passed by District Judge, Noakhali on 25-3-95 in Probate Miscellaneous Case No.38 of 1993 rejecting an application refusing to summon transferees to produce documents. 2. The short facts for the purpose of disposal of the Rule are that, the opposite party No.1 being petitioner ins..Category: Property Law | Date: | Hits: 106
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457.......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457.......ctive of whether he did any overt act or not. 10. I have perused both the cited cases. It is clear to me that the principle laid down in the case of Bangladesh Vs. Abed Ali is applicable in the facts and circumstances of the present case. It is true that when the accused persons assembled at f..Category: Criminal Law | Date: | Hits: 109
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.......fendant 3 who was the principal defendant and proposed seller of the suit land to the plaintiff, was not got examined by the plaintiff by any hand writing expert, which was needed to decide that moot question in the dispute whether the defendant 3 executed the deed of agreement or not. 3. Title A......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...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....... 4. The specific case of the plaintiff is that she wanted to transfer only 0.09 acre land in favour of defendant No. 1, but fraudulently, the defendant no. 1 has obtained all that three deeds in question showing transfer of the entire suit property of the plaintiff in favour of the defendants w......the Holy Quran as written in the deeds have been given to her from the side of donees. 15. So the decision of 21 DLR 626, as referred above, is not applicable in the present case in view of the facts and circumstances of this case. 16. Courts below found the suit not barred by limitation..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 contending that the plaintiffs have no prima facie title in respect of the entire suit land and also plaintiffs are not in possession. 7. Further contention of the defendant is that since the question of complicated title is concerned the plaintiffs should have filed a suit for declaration o......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...Category: Property Law | Date: | Hits: 103
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. ......tant case the petitioner has categorically denied that any marriage took place between him and the opposite party at any point of time. If there is no marriage between the parties there cannot be any question of payment of dower, prompt or otherwise or payment of maintenance by the husband to the wi......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. ..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.......wer Company and in reply the BSRS by their letter dated 13.12.89 informed the Rupali Bank that if the assets and properties of the borrowers is sold at a price exceeding the dues of the BSRS then the question of distribution of the excess amount to other claimants would arise; that in pursuance of t......stries Ltd. under Article 34 of the Bangladesh Shilpa Rin Sangstha Order, 1972 (PO 128 of 1972) read with the Bangladesh Shilpa Rin Sangstha (Direct Sale of Mortgaged Property) Rules, 1981. 2. The facts leading to the passing of the impugned judgment and order are briefly as follows: The Bangl..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. ......ep Ali and not the petitioners who had no right, title and interest therein. But subsequently entire 32.50 acres of lands were permanently acquired by Gazette Notification dated 4.10.1951 and as such question of de‑requisition and delivery of possession of the disputed land to the petitioners does......n of restoration of possession to the petitioners does not arise at all. Report submitted by the Additional Deputy Commissioner (LA) Dhaka to the Ministry on 10.5.1983 is incorrect and suppression of facts. The petitioners managed to prepare the said report and the map attached thereto in illegal co..Category: Property Law | Date: | Hits: 121
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