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Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
.... only empower the Tribunal to follow the Civil Procedure Code and act as a civil court for a limited purpose, namely, for the purpose described in rule 45. According to rule 45 the petitioner could claim as a relief only (a) that the Election of any returned candidate is void and that the petition......n the Election Tribunal constituted under Ordinance 51 of 1983 issue an order of injunction either under Order 39, rule 1 or section 151 of the Civil Procedure Code? This is the main question before this court in this rule. Other questions that incidentally arise are whether this court can i...... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ..Category: Election Law | Date: | Hits: 100
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
....ge heard both the sides and on consideration of the materials on record framed charge as against all the 4 accused-persons under sections 302/34 of the Penal Code to which they pleaded not guilty and claimed to be tried. 4. The prosecution examined in all 10 witnesses including the Investigatin......h Reference No. 3 of 1987. Judgment Muhammad Ansar Ali J. — This is a Reference under section 374 of the Code of Criminal Procedure by Mr. Kamal Uddin Mian, Additional Sessions Judge, Bogra for confirmation of the sentence of death of the condemned-prisoner Badsha Mollah passed on him on......so at the place of occurrence at that time who told that Badsha Mollah followed Babu Mollah with a dagger. He further said that there was a dispute between Babu Mollah and Badsha Mollah over land and money; that Babu Mollah and Akbor used to live together. He also said that police station was at a d..Category: Criminal Law | Date: | Hits: 42
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......nal Revision No. 1 of 1987 Judgment AM Mahmudur Rahman J.- The petitioner obtained this Rule against an order of conviction and sentence passed under section 381 of the Penal Code. 2. The informant Nazrul Islam lodged a First Information Report on 2.4.1984 with the Kotwali Police Station o......P.W. 5 Md. Hossain but after half an hour on his return he found the driver absent and the key hanging inside the car. He became suspicious and on opening the brief case found the aforesaid amount of money missing. The police took up the case on the basis of the F.I.R. and after completion of the in..Category: Criminal Law | Date: | Hits: 26
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......fferent places and sell the same at Chittagong; on 15th Bhadra the complainant purchased 500 mds. of paddy from one Hajee Mozaffar Ahmed Chowdhury on credit and handed over the same to the petitioner for sale at Chittagong. The petitioner sold the same at Chittagong but did not pay the sale proceeds......tion of evidence on record found the petitioner guilty and sentenced him to suffer rigorous imprisonment for 3 months. The Magistrate also passed an order directing the petitioner to repay the entire money to the complainant-opposite party. 4. The petitioner preferred criminal appeal No. 122 of ..Category: Criminal Law | Date: | Hits: 37
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
.... so transferred has only the custody of the property to be kept or disposed of by him for the benefit of the other party, the person so put in possession only obtaining a special interest by way of a claim for money advanced or spent upon the safe keeping of the thing or such other incidental expens......rs are directors of Kaswa Shipping Lines Ltd., a private limited company carrying on the business of water transport. The said company has been made accused No.1 in the petition of complaint and the aforesaid petitioners are accused Nos. 2, 3, and 4 therein. In Criminal Revision 244 of 1984 the peti......th fraudulent intention and in order to deceive and mis-appropriate the fund disbursed to them by the BSRS and purchased old engines at a much lower price and thus mis-appropriated the balance sum of money. It may be further stated that the last instalment for Tk. 28.00 lacs was paid through cheque ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....suit, and upon the determination of such issue the Court shall make such order or orders upon the parties as may seem just. He also refers to Rules 58-63 of order 21 C.P.C. regarding investigation of claims to, and objections to attachment of, attached property in execution of a decree. 12. Mr. A......nt No.3) and defendant No.6 Messrs. Hegge and Company (Bangladesh) Ltd., Spencer's Building, Agrabad Commercial Area, Chittagong. The learned Subordinate Judge in the said Money Suit decreed the suit for recovery of TK.9,00,000/- on contest against the defendants 2,3 and 6 and exparte against defend......cted the Bangladesh Shipping Corporation to deposit the said amount in the Court. In the present case the Bangladesh Shipping Corporation is a garnishee, that is a third party who is asked not to pay money to the judgment-debtor because the latter is to satisfy the decree obtained by the decree-hold..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
...., title or possession therein threatened the’ plaintiffs to dispossess them from the suit property. 3. Defendant Nos. 1 and 2 contested the suit by filing separate written statements denying the claim of the plaintiffs. In his written statement defendant No. 1 asserted that the Impugned Kabala ......Subordinate Judge, 2nd Court, Chittagong in other Appeal No. 175 of 1966 reversing those dated 31.3.66 passed by the learned Munsif, North Raozan in Other Suit No. 150 of 1962. 2. The suit was one for declaration that the kabala dated 12th August, 1948 standing in favour of defendant No. 1 was a ......ing separate written statements denying the claim of the plaintiffs. In his written statement defendant No. 1 asserted that the Impugned Kabala was an out and out sale deed and lie paid consideration money for the same and also got possession. It was further asserted that he sold out the property to..Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....posal for the settlement of the disputed land with the appellant who was an employee of the defendant and was not eligible to have settlement of Government khas land depriving the legitimate and just claims of other deserving bona fide landless, cultivators; that respondent had already taken possess......l in title Appeal No. 89 of 1964 reversing those of dated 21.1.64 passed by the learned subordinate judge, 1st Court, Barisal in Title Suit No.7 of 1963. 2. The plaintiff appellant instituted the aforesaid suit for declaration of title in 5 acres of land described in schedule "A" to the plaint an......settlement; that he spent about Rs.3,000/- for the development of the land; that as subsequently the premium of the Government settlement land was reduced an order for refund of a part of the premium money deposited by him was made and the said amount by way of an adjustment was paid against future ..Category: Property Law | Date: | Hits: 36
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....is taken to admit the allegations in the plaint, but he is entitled to appear and submit any argument open to him on the plaint; for instance that the plaint discloses no cause of action, or that the claim is time barred? Needless to mention that a party was not bound to put in a written statement u...... by the learned Subordinate Judge, 3rd Court, Dhaka accepting the written statement filed by the defendant-opposite parties in Money Suit No. 126 of 1982. 2. The petitioner as plaintiff filed the aforesaid suit on 16.4.82 for recovery of TK. 1,50,00,000/- being the market value of the plaintiffs ...... provision to that effect is no less compelling." "As a general rule, therefore, the superior Courts lean against ex parte hearing. We realise that this is a suit for recovery of a heavy amount of money and the door of justice cannot be shut by way of penalising the opposite parties for their del..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
.... learned Advocate appearing with Mr. Rokanuddin Mahmud, on the other hand, submits that even under section 103 of the Banking Companies Act, 1991 the plaintiffs right has been protected. They have no claim over the share of defendant No.1 but they claimed their share in the assets left behind by lat......ho is respondent No.5 here withdraw 1/4th of the deposited amount from the appellant bank. 2. The short fact leading to this appeal is that, the plaintiffs who are respondents here instituted the aforesaid suit praying for a declaration that they are entitled to 3/4th amount of money now being ke......nt bank. 2. The short fact leading to this appeal is that, the plaintiffs who are respondents here instituted the aforesaid suit praying for a declaration that they are entitled to 3/4th amount of money now being kept with the appellant-bank in FDR showing in the name of defendant No.1 and her la..Category: Banking Law | Date: | Hits: 122
Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)
....imber that comes into Bangladesh became the property of the Government of Bangladesh is not correct, Section 460 of the Merchant Shipping Ordinance, 1983 (Ordinance No. XXVI of 1983) provides for the claim of the owners to wreck. It reads as follows: “460. (1) The owner of any wreck in the poss......leading to the sale of abandoned (wreck) and the goods therein. 2. The facts of the case are as follows: The petitioner is a proprietor of the firm Marine Salvage dealing with marine salvage. A foreign ship named MV Pavlina-I under Panama Flag lodged with jute and jute goods at Mongla Port, s......n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....n the matter. It is the case of plaintiff that defendant No.3 illegally and with malafide intention has not transferred the aforesaid amount on being requested by defendant No.1. Rather they set up a claim over the amount stating that they will get some money from defendant No.1 and they wanted to s......ul Amin Choudhury J.- This appeal is directed against judgment and decree passed by Artha Rin Adalat No. 2. Dhaka in Money Suit No. 34 of 1992. The Adalat by judgment dated 29-8-1996 decreed the suit for a sum of Taka 14, 05, 75,934.28 paisa with interest. 2. The short fact leading to this appeal......nt No.3 illegally and with malafide intention has not transferred the aforesaid amount on being requested by defendant No.1. Rather they set up a claim over the amount stating that they will get some money from defendant No.1 and they wanted to set off their claim. It is the case of the plaintiff th..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....submitted that Bangladesh Parliament has only qualified privilege within the limitation prescribed by the Constitution and the Rules made thereunder. It is stated that the Member of Parliament cannot claim to have unqualified privilege. It is further stated in the application that the Home Minister ......or the Government. Contempt Petition Case No. 57 of 1999. Judgment Md. Mozammel Hoque J. - This is an under Article 108 of the Constitution of the People’s Republic of Bangladesh praying for drawing up a proceeding for committing contempt of Court against Mr. Mohammad Nasim, a Member of......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ..Category: Criminal Law | Date: | Hits: 54
Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)
.... possible of the names of the parties alleged to have committed such corrupt or illegal practice or illegal act and the date and place of the commission of such practice or act; and (c) the relief claimed by the petitioner. (2) A petitioner may claim as relief any of the following declarations...... Respondents. FMA No. 144 of 1997. Judgment Md. Abdul Karim J. - This application on behalf of respondent No.1 Moulana Delwar Hossain Saydee in First Miscellaneous Appeal No.144 of 1997 is for an order dismissing the appeal on the preliminary point of maintainability. 2. The facts of t......ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ..Category: Election Law | Date: | Hits: 159
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....m satisfied that the judgment suffers from illegality. 17. Since I find illegality in the judgment on point of default of the defendant-tenant I do not like to embark upon other question as to the claim of bonafide requirement of the landlord which shall be a mere useless exercise. In view of the......d decree dated 26-11-1996 passed by the 4th Court of Assistant Judge and SCC Judge, Dhaka in SCC Suit No. 03 of 1994 dismissing the suit. 2. Petitioner as plaintiff instituted the suit in question for ejectment of the defendant-opposite party, a monthly tenant, stating, inter alia, that the suit ......defendant offered rent of December, 1992 in favour of the plaintiff but the rent was not accepted nor the rent of January, 1993 was accepted by the landlord and the rent being sent to the landlord by money order the defendant filed House Rent Case No. 5 of 1993 and that the defendant was not aware o..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....ী ও তাহার স্বামীকে দোকান হইতে অবৈধ ভাবে বেদখলের দিন হইতে উদ্ধার...।” So, the plaintiff claimed that on 01-06-96 she and her husband were driven out of the suit shop “The Tangail Porabar......n application under section 115 of the Code of Civil Procedure against judgment and decree dated 14-07-98 passed by Assistant Judge, 5th Court at Dhaka in Title Suit No.127 of 1997 decreeing the suit for possession. 2. Opposite party as plaintiff instituted the suit under section 9 of the Specifi......cluding goodwill, capital, furniture etc, and they would pay the plaintiff Taka 7,000 per month in lieu thereof, said petitioner Nos.2 to 5 in collusion with petitioner No.1 stopped paying the agreed money since May, 1996. On 15-07-96 petitioner No.1 refused to renew the agreement of monthly lease a..Category: Civil Law | Date: | Hits: 82
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....ch but expected that social justice shall be established and the people shall be provided with the bare minimum necessities of life. Admittedly, the petitioner Nos. 1-5 and other slum dwellers do not claim any property right on any land. They are only begging for a place to hide their heads so that ......slam, Advocate-For Respondent No. 12. Writ Petition No. 5915 of 2005 Judgment SM Ziaul Karim J.- This Rule Nisi was issued, calling upon the respondents to show cause as to why threatening for eviction of the petitioner Nos. 2-5 and thousand other slum dwellers from their peaceful possess...... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325...Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....ater, Hidayatullah, CJ, in RC Coper Vs. Union of India, observed: “There is no doubt that the Court like any other institution does not enjoy immunity from fair criticism. This Court does not claim to be always right although it does not spare any effort to be right according to the best o......e did, she did independently of her husband as printer and publisher of 'Manabjamin'. It is now well settled that Editor, Printer and Publisher of a newspaper must accept the fullest responsibility for everything that is published in the newspaper. So, she is also equally guilty of contempt of C......le that it refers only to such judges who were practically indulging every evening in wining and dining at a lawyer's place or a foreign embassy or whose sons, sons-in-law and brothers are minting money by abusing their position. Having regard to these facts they did not think that it was a fit ..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ......ut any lawful authority and of no legal effect and the respondents were directed not to change the nature and character of the lands earmarked in the original master plan (possibly meant layout plan) for community purpose, recreation and other non-residential purposes. This Rule was directed to be h......esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ..Category: Property Law | Date: | Hits: 55
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....50 of the contract. Getting no response, he then served a notice dated 08-02-1998 under section 8(1) of the Act upon the employer requesting them for appointment of an arbitrator for arbitration of a claim for Taka 1,01,41,242.00 on account of loss, etc. The employer did not give any reply to that a......de of Civil Procedure against an order dated 19-11-1998 passed by Subordinate Judge 5th Court, Dhaka in Arbitration Miscellaneous Case No. 16 of 1998 by which an arbitrator was appointed by the Court for each of the parties. 2. Opposite party, the contractor, made an application under section 8(2......actor never made any demand of loss nor there was any scope given to the employer to deny such claim. Even in his statutory notice, he could not assert that he ever made the demand for payment of any money and the employer denied any such claim. He made the demand for payment of money for the first ..Category: Alternative Dispute Resolution | Date: | Hits: 186
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