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Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)
....osit rent without passing any order on the prayer as to non-issuance of the rent receipts by the landlord. It was also stated by the landlord that she required the suit premises for her own use; that proper notice under section 106 of the Transfer of Property Act was also served on the defendant for...... records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ..Category: Property Law | Date: | Hits: 64
GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)
.... the cross‑claim made by MV Hawai Splendour in Admiralty Suit No.33 of 1995 or in Admiralty Suit No.13 of 1996. 24. Dr. M Zahir submits that in the aforesaid situation it would be quite just and proper of the proceeding of the principal cause i.e. Admiralty Suit No.33 of 1995 is suspended until......ates‑For the defendant (In Admiralty Suit No.33 of 1995). Dr. M Zahir with Md. Muniruzzaman Khan Advocates‑For the Plaintiff (In Admiralty Suit No.13 of 1996). M Hafizullah with SK Siddique and Al-Amin Sarker, Advocates‑For the Defendant Nos.1 & 2 (In Admiralty Suit No.13 of 1996). ......unt of which cross cause was subsequently filed. 30. Further cross cause and the application under section 34 of the Admiralty Court Act though filed belatedly it has not in any way prejudiced any legal right that can be said to have accrued to the plaintiff of the principal cause. And if no such..Category: Admiralty Law or Maritime Law | Date: | Hits: 353
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....ile and number after striking out the name of Abdul Hashim and bringing the opposite parties on record as respondents or such other or further order or orders passed as to this Court may seem fit and proper. 2. As in both the Rules parties are the same and common question of law is involved, thes......urt High Court Division (Civil Revisional Jurisdiction) Present: MM Ruhul Amin J Hakim Ullah……………………………………………………….Petitioner Vs. Mutaleb and others…………………………………...Opposite Parties Judgment January 18, 199......ing in a suit and as such has full power under section 153 of the Code of Civil Procedure to direct an amendment of the memorandum of appeal. He further argued that having regard to the fact that the legal heirs of deceased Abdul Hashim were brought on record in trial Court in time but owing to an i..Category: Procedural Law | Date: | Hits: 70
Fatema Khatoon Vs. City Bank Ltd. and others, 1996, 25 CLC (HCD)
....00 with interest as on 31‑3‑91 taken by Jaidhar Ali since deceased. The defendants are the heirs of the loanee. Plaintiff Bank has also sought for other reliefs including the sale of the mortgage properties for the realisation of the decretal amount that may be passed in the suit. 3. In the p......al Jurisdiction) Present: Md. Gholam Rabbani J M Bazlur Rahman Talukder J Fatema Khatoon……………………………………………………….Petitioner Vs. City Bank Ltd. and others………………………………………..Opposite parties Judgment August 25, ......property was mortgaged. 6. Heard Mr. Alaluddin and Mr. MA Azim Khair, learned Advocate respectively for the petitioner and the plaintiff Bank. 7. Learned Subordinate Judge is wrong. There is no legal bar in selling a mortgaged property. The purchaser thereof shall be its owner with the encumbr..Category: Procedural Law | Date: | Hits: 67
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....f the contract works. The petitioner maintained his organisation and staff and continued the work as far as possible awaiting final instruction and order from the opposite party but instead of giving proper instruction in the circumstances the opposite party terminated the contract which caused seri......ner Vs. Bangladesh Water Development Board…………………………………….Opposite Party Judgment May 28, 1996. Result: The Rule is discharged. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate-For the petitioner. Abdul Wadud Bhuiyan, Additional Attorney-G......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Mohsin Hossain (Md.) Vs. Government of the People's Republic of Bangladesh, 1996, 25 CLC (HCD)
....000.00 (Twelve lakh seventy‑five thousand) only as advance from him by executing a bainapatra to sell RAJUK Plot No.11(14) of Road No.23, Block‑3, Banani, Dhaka. But due to dispute about the said property petitioner agreed to refund that said advance amount but ultimately did not do so and thus ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat Dhaka and ors…………….Respondents Judgment July 22, 1996. Result: The Rule is made abso......dvocate‑For the Petitioner. None Appears‑For the Respondents. Writ Petition No.1684 of 1995. Judgment Kazi Ebadul Hoque J.- In this Rule at instance of the petitioner M Mohsin Hossain legality of the notice dated 22‑7‑95 (Annexure‑A) issued by the respondent No.4, Sub‑Inspect..Category: Criminal Law | Date: | Hits: 60
....in Court today should not be declared to have been made without lawful authority and to be of no legal effect.
2. The facts, as stated in the petitioner, in short, are that the aforementioned case property, was owned and possessed by once Nur Mohammad Sarder as lessee under the Housing and Settle......Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......Khulna District’ serial No.226 page 9764 (32) as evidenced by Annexure ‘F’ to the petition moved in Court today should not be declared to have been made without lawful authority and to be of no legal effect.
2. The facts, as stated in the petitioner, in short, are that the aforementioned ca..
Category: Limitation Law | Date: | Hits: 175
....ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
......J
Amirul Kabir Chowdhury J
Masum Ikbal (Md.)……………………………………………………………………………………….Petitioner
Vs.
Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangladesh Engineering University & o......how cause as to why impugned order dated 16‑8‑95 (Annexure‑C) taking disciplinary action against the petitioner should not be declared to have been passed without any lawful authority and of no legal effect.
2. Learned Advocate for the petitioner after placing the petition, supplementary af..
Category: Civil Law | Date: | Hits: 85
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....he Privy Council is concerned we feel that the learned Advocate for the petitioner has misdirected himself. The Magistrate Gopalgonj had jurisdiction to try the case if it was presented before him in proper from. This is not a case of coram non judice. 12. The petitioner ought to have surrendere......Court High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J KM Hasan J Dr. Ahmed Sharif……………………………………..Petitioner Vs State and another……………………………………Opposite Parties Judgment August 1, 1994.......etitioner that the instant proceeding under section 295A was not lodged by an order of any Government or some officers empowered by the Government in this behalf. He has submitted that this being the legal position, the petitioner should not be proceeded against upon a petition of complaint by the O..Category: Criminal Law | Date: | Hits: 70
Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)
....7, in course of hearing argument of the suit in the trial Court. Plaintiffs claimed title and possession in the said land by successions and transfers asserting that RS Khatian in respect of the suit property was wrong and that they purchased in the benami of another person. 3. Suit was contested......itiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......uit. 6. Mr. Abdul Momen Chowdhury, the learned Advocate appearing for the petitioners after placing the impugned judgment and other materials on record submitted that Court of appeal below acted illegally in holding that trial Court was wrong in passing the decree for partition as complicated que..Category: Civil Law | Date: | Hits: 86
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
...., Comilla in SCC Suit No.10 of 1985 rejecting an application under section 23 of the said Act should not be set aside or such other or further order or orders passed as to this court may seem fit and proper. 2. The short facts giving rise to this Rule may be stated as follows: The opposite par......if Ahmed…………………………………………Opposite Party Judgment June 22, 1994 Result: The rule is discharged. Cases Referred to- Mohammad Salim Vs. Md. Siddick Jamal and others 22 DLR 841; Ahmed Shan Khan Vs. Abdul Barkat;11 DLR 427; Abdul Khalek Mia Vs. Maya Debi a......Pre‑deceased his father, Rajani Kanta, the owner of the suit property and whether the vesting of 1/5th of the property to Enemy Custodian and the grant of lease of that share to the petitioner were legal or not. Furthermore, that matter arose out of an order passed by the learned District Judge un..Category: Property Law | Date: | Hits: 59
Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)
....sed by the High Court Division. 2. The Sub-Divisional Magistrate, Sadar, Khulna, drew up proceedings under section 145 Cr. P.C. by his order dated 11-7-77 and on the same day attached the disputed properÂties, namely, two rice mills and appointed the Circle Officer (Rev.) as receiver. On the fol......1979) 150....... that the order passed by the learned Magistrate attaching the disputed properties and appointing a receiver simultaneously with the order for drawing up procÂeedings under section 145 Cr.P.C. was illegal in view of a decision in the case of Fazlul Karim Vs. Abdus Sobhan, reported in 26 DLR 291 and..Category: Criminal Law | Date: | Hits: 69
.... Jagannath Vs. State of Orissa has much relevance which he has held that an order expressed disjunctively reveals casualness or carelessness of mind and such order cannot be sustained as there was no proper application of mind of the detaining authority.
10. There is another aspect in the detenti......1979) 145.
......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
..
Category: Criminal Law | Date: | Hits: 103
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....inquired into the statement. During inquiry, he found that the name of the business centre of appellant No.1 was 'Khanjahan Ali Paribahan'. In the statement of assets appellant No.1 showed immoveable properties of Tk. 1,50,25,750/- and moveable properties of Tk.69,30,350/- in the name of his wife an......16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......tly, he submitted statement of properties of Tk.1,40,36,461.19 + Tk. 19,49,541= Tk. 1,59,86,002.19 without any basis. 4. By misusing the power and with the aid of appellant No. 1, appellant No.2 illegally acquired a piece of land measuring 7.50 khatas appertaining to plot No. 242, Block-B in Basu..Category: Criminal Law | Date: | Hits: 108
....ferred in accordance with the arbitration agreement and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, such authority may make an order staying the proceedings."
It...... is also Reported in: 31 DLR (AD) (1979) 138.
......t is to be stayed within the meaning of the section. Section 34 of the Arbitration Act may be set out:
“Where any party to an arbitration agreement or any person claiming under him commences any legal proceedings against any other party to the agreement or any person claiming under him in respe..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Abu Taleb Vs. State, 1988, 17 CLC (HCD)
....Safar Ali and others Vs. The State reported in 36 DLR page 185 wherein it has been found: "Prolonged Police custody immediately preÂceding the making of confession is sufficient, if not otherwise properly explained to brand it as involuntary. In this case there was no explanaÂtion from the pros...... Taleb………………………..Appellant Vs. State.....................Respondent Judgment November 30, 1988. Result: The appeal is allowed. Cases Referred to- Safar Ali and others Vs. The state, 36 DLR 185; Munowar Ahmed Vs. The State, 8 DLR (SC) 157; Abul Hossain Mia ......of the occurrence indicates that the confession alleged to have been made by the accused appellant was neither true nor voluntary. The learned Assistant Sessions Judge has completely overlooked these legal aspects of the matter. He gave no consideration and made no ascertainment as to the voluntarin..Category: Criminal Law | Date: | Hits: 84
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
....arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ......Khan, 18 DLR (SC) 1966 page 214; 27 DLR 567; DLR 48; 40 DLR 21; 38 DLR 93 (RL. 101); Anwar Hossain Vs. Government of Bangladesh, 30 DLR 423; Sultan Ara Begum Vs. SecÂretary, Ministry of Home Affairs and others, 38 DLR 1986 page 93. Lawyers Involved: M. Taleb Ali, Advocate - For the Petitioner......overnment extended the period of detention of the detenu for 2(two) months with effect from 23.7.87 though the validity of the previous order of detention expired on 20.7.87 and thus the detenu was illegally detained for 2(two) days without any order. Thereafter presumably on the report of the Distr..Category: Criminal Law | Date: | Hits: 66
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....is needless to say that one should not drink water from the tank where cattle are bathed. The other aspect is 'reasonableness' the claim of the plaintiffs customary right is with regard to the entire property belonging to the defendants. The defendants have to be restrained from making constructions...... March 30, 1988. Result: The appeal be allowed. Cases Referred to- Tofail Ahmed Vs. Ahmed AIR 1938 Nag 177; Gopal Krishna Sil, 34 CLJ 319; Gopal Krishna Sil. Vs. Abdus Samad Chowdhury and others, 34 CLJ 319; Shafatullah and others Vs. Munshi Ainuddin and others, PLD 1964 (Dac.) 52, A...... acquired an indefeasible right of easement of custom in the user of the suit water reservoir since the time of their predecessors over hundred years ago which is continuous, public, uninÂterrupted, legal, reasonable and as of right and without permission and without let or hindrance from any quart..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....y to go to Calcutta, they could not execute any kabala. The VenÂdors also placed their other lands in charge of the defendant at the time of leaving for Calcutta and promised to execute and register proper kabala in faÂvour of the defendant after their return to the then East Pakistan. They howeve......llants. B.K. Das with Miftahuddin Chowdhury, AdvoÂcates - For the Respondents. Second Appeal No. 314 of 1973. Judgment Abdul Bari Sarker J.- This appeal is directed against the judgment and decrees passed by Mr. K.M. Hossain, Additional District Judge, Second Court, Sylhet in Title ApÂ......hildar fabricated the Certificate Case and fraudulently, managed to auction purchase the same by suppressÂing all process at a very low price. The auction is therefore fraudulent, in-operative and illegal and plainÂtiff cannot gel any relief. 6. Defendant Nos.3 and 7 also filed a similar writte..Category: Property Law | Date: | Hits: 66
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
....ved at by the learned MagisÂtrate are wrong and insupportable by evidence and law. 6. Now so far as the appraisal of the evidence is concerned I am of the view that the learned Magistrate has not properly assessed the same. I have been taken through the deposition of the witnesses for the compla...... Sajjad Ali Chowdhury, Advocates - For Petitioner. No one - For the Opposite Parties. Criminal Revision Case No. 38 of 1986. Judgment AKM Sadeque J.- This Rule obtained under Section 439 and 435 of the Code of Criminal Procedure is directed against the judgment and order purported to ha....... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219...Category: Criminal Law | Date: | Hits: 70
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