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Abdur Razzaque Vs. Bangladesh Agricultural DeveÂlopment Corporation and others, 1991, 20 CLC (HCD)
....¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Bangladesh Agricultural DeveÂlopment Corporation and others…………………Respondents Judgment December 18, 1991. Result: The Rule is made absolute. Case Referred to- Mosharraf Hossain Chowdhury Vs. General Manager, Titas Gas Transmiss...... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ...... under section 409 of the Penal Code for alleged misappropriation of fertilizer and the said case gave rise to GR Case No.280 of 1974. The petitioner along with co‑accused Abul Kalam were placed on trial and the Ex‑Officio Special Judge in Special Case No.8 of 1977 by his judgment and order date......cial Original Jurisdiction) Present: Qazi Shafluddin J Mainur Reza Chowdhury J Abdur Razzaque……………………Petitioner Vs. Bangladesh Agricultural DeveÂlopment Corporation and others…………………Respondents Judgment December 18, 1991. Result: The Rule ..Category: Employment/Service Law | Date: | Hits: 67
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
.... Ors……………………Petitioners Vs. State……………………Opposite Party (Criminal Revision No.1702 of 1991). Judgment February 18, 1993. Result: The Rules are made absolute. Cases Referred to- Mohammad Alam and 3 others Vs. State, 19 DLR (SC) 242; State Vs. Ma......had elapsed. Out of these working days, 164 days had been consumed on account of adjournment taken on behalf of the prosecution for the purpose of producing the accused from hajat. 7. A report was called for from the learned Sessions Judge on the calculation of the working days. The report submit......g in the Court of Sessions Judge, Feni and they are being disposed of by this order as the self same facts and law are involved in them. 2. The main question involved in these Rules is whether the trial of the Sessions Case should be stopped and the accused released in view of section 339C of the...... This Case is also Reported in: 45 DLR (HCD) (1993) 610. ..Category: Criminal Law | Date: | Hits: 58
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....Hoque J Abul Ahsan Joardar……………………Petitioner Vs. Kazi Misbahul Alam……………………Opposite Party Judgment November 30, 1992. Result: The Rule is made absolute. Cases Referred to- Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 38 DLR 4......t an entry into the name of the auditors of the company by publishing their name in the prospectus. It has been further alleged that the appointment of the accused firm was collusively made in a re‑called Annual General Meeting of the company of accused No.1 without mentioning the date of the said......s". It has been further observed in this decision that- "The legislature has enacted sections 241A and 265C Cr.P.C. apparently to protect the accused from facing the agony of futile and useless trial when the statements of the complainant and his witnesses available on record (read with the st......¦Petitioner Vs. Kazi Misbahul Alam……………………Opposite Party Judgment November 30, 1992. Result: The Rule is made absolute. Cases Referred to- Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 38 DLR 4; Ansaruddin Molla Vs. Hamed Molla and others, 18 DL..Category: Criminal Law | Date: | Hits: 98
....ife of petitioner No.2 and they are nationals of Bangladesh and permanent residents of Bangladesh. The disputed house was leased out by the erstwhile Government of East Pakistan to one Md. Moinuddin, son of late Md. Hanif on hire purchase system under the rehabilitation scheme for a period of 99 yea......puted house being a Pakistani national and having left actually after liberation of Bangladesh the disputed house became abandoned property by operation of President's Order No.16 of 1972 hereinafter called PO 36 of 1972. As such, the Government took possession of the disputed house which was lying ......spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
...... also Reported in: 45 DLR (HCD) (1993) 601.
..
Category: Property Law | Date: | Hits: 89
Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)
....esented by the Chairman having registered office at 73, Motijheel Commercial Area within PS Motijheel Dhaka………………Respondent Judgment April 22, 1992. Result: The Rule is made absolute. Lawyers Involved: Mohanunadulla, Advocate ‑ For the Petitioner. HK Abdul Hye, Adv......cause. A copy of the reply to the show cause is annexed to the petition and marked as Annexure B. It is claimed by the petitioner that without serving any notice on the petitioner the Enquiry Officer called the petitioner verbally and asked him a few questions and to sign on certain papers and he pu......legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598.......emo No. HO/P‑13/79/687 dated 5.6.86 (Annexure 'H') upholding the office order No.850 (Annexure E) issued by the Chairman, BFIDC should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The facts for the disposal of the Rule are as follows: 3. The..Category: Employment/Service Law | Date: | Hits: 177
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....J Mohammad Fazlul Karim J Aftabur Rahman……………………Petitioner Vs. State……………………Opposite Party Judgment July 26, 1993. Result: The Rule is made absolute. Cases Referred to- Khondakar Moshtaque Ahmed Vs. Bangladesh, 34 DLR (AD) 222; Mohd. Ra......red him in an inhuman manner and again sent him to jail custody at 22.45 hours on 23.6.90 in seriously injured condition. Thereafter upon a prayer of the petitioner, the Chief Metropolitan Magistrate called for a report from DIG (Prison) and an explanation from the Investigating Officer. That the re......e authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole. If he has not jurisdiction to try the case or (send) it for trial and considers further detention unnecessary, he may order the accused to be forwarded to a Mag......Khondakar Moshtaque Ahmed Vs. Bangladesh, 34 DLR (AD) 222; Mohd. Raft Vs. State, (1969) Pakistan Criminal Law Journal 873; Jahangir Lai Vs. Emperor, 1935 AIR Lahore 230; Naeemullah Vs. SSP Faisalabad and others, 1992 Pakistan Criminal Law Journal 985; Tofazzal Hossain Sheikh Vs. Mir Md. Akand and ot..Category: Criminal Law | Date: | Hits: 87
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
.... Eurco Explorer Co. Ltd. Athens Greece and others………………Petitioners Vs. Grain Bank Ltd……………Opposite Party Judgment November 23, 1992. Result: The rule is made absolute. Cases Referred to- Messers United Venture Navigation Co. Ltd. Vs. Samudrajatra Shippin......ely from attachment furnished bank guarantee. 5. Mr. M. Hafizullah, appearing in support of the Rule, vehemently canvassed that although the ad interim order of attachment was non est but the same called for bank guarantee from the petitioners for release of the vessel from the ad interim order o......o Explorer the carrier of the consignment of the Controller of Movement and Storage, Chittagong, before judgment which was necessary as the petitioner 3 had no property within the jurisdiction of the trial Court except the vessel and if the vessel is allowed to leave the jurisdiction of this court, ......(HCD) (1993) 591. ..Category: Civil Law | Date: | Hits: 75
Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....ions Case No.34 of 1986. The learned Sessions Judge by his judgment dated 26.4.1987 found this appellant guilty of the charge under sections 302/201 of the Penal Code and sentenced him to suffer imprisonment for life under section 302 of the Penal Code and also sentenced him to suffer rigorous impri......nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......er the officer‑in‑charge of the police station himself lodged the FIR and took up investigation of the case and on completion of the same submitted charge sheet. This appellant was then placed on trial before the learned Sessions Judge, Nilphamari on a charge under sections 302/201 of the Penal ......Vs. The State……………………Opposite Party Judgment December 10, 1992. Result: The appeal is dismissed. Cases Referred to- State Vs. Kalu Bepari, 43 DLR 249; Rezaul Haq and others Vs. State, 42 DLR 440. Lawyers Involved: Mansur Habib, Advocate ‑ For the Appella..Category: Criminal Law | Date: | Hits: 66
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
....f 2003. (From the judgment and order dated 16.6.1999 passed by the High Court Division in Civil Revision No.1984 of 1996.) Judgment Surendra Kumar Sinha J.- This appeal raises questions of some importance in the field of Mohammedan Law but they are not abstract questions which can be divo......ew that a marriage may be valid even without a ceremony before third parties. The rule is usually stated to be that an agreement to be married henceforth, followed by cohabitation, constitutes the so-called common law marriage. But both on principle and authority, it would seem that the agreement al......ir Muhammad Khan, who was alleged by the plaintiff Pathani to have been her husband, the father of her children, and for mesne profits. The defendants who are wife and her son resisted the claim. The trial Court decreed the suit. The Allahabad High Court reversed the judgment of the trial Court foll......a Shwe Baw (1929) 7 Rang 777, 121 I.C. 718, Gagu Bibi V. Mesal Shaikh (1936) 63 cal 415, 164 I.C. 957, Shahzada Begum V. Abdul Hamid (1950) Lah 773, Khorshed Alam @ Shah Alam V. Amir Sultan Ali Hyder and another, 38 DLR (AD) 133, Debendra Mohan Rai V. Sona Kunwar, (1904) 36 Allahbad 295, Abdool Raza..Category: Family Law | Date: | Hits: 318
....d Upazila Co‑operative Officer, Iswardi, District Pabna declaring the election schedule fixing 14.1.92 as the date of election of No.4, Dasuria Union Parishad, Upazila Iswardi, District Pabna and also the order dated 3.12.91 (Annexure E) passed by the Chief Election Commissioner and the Election C......s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
......s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
......e Hussain Mohammad Habibur Rahman J
Abdul Hasib J
SM Abdur Rob…………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and others..................Respondents
Judgment
December 19, 1991.
Result
The applicati..
Category: Election Law | Date: | Hits: 129
Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)
....Judge, 3rd Court, Dhaka in Criminal Appeal No.91 of 1986 setting aside the conviction of the respondent No.1 Shamsul Alam under section 420 of the Penal Code and sentence of six months' rigorous imprisonment and fine of Tk. 5000.00, in default to suffer rigorous imprisonment for two months imposed b......sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ......nt of conviction and sentence the accused respondent filed Criminal Appeal No.91 of 1986 and by the impugned judgment dated 28.5.86 the learned Additional Sessions Judge set aside the judgment of the trial Court and acquitted the respondent holding that there was no initial intention to cheat on the...... Abdul Karim………………Appellant Vs. Shamsul Alam……………….Respondent Judgment September 5, 1993. Result The appeal is dismissed. Cases Referred to- Shah Alam and others Vs. State, 42 DLR (AD) 31; Akamuddin Ahmed Vs. State, 27 DLR(AD) 175; Nasiruddin Mahmud a..Category: Criminal Law | Date: | Hits: 69
Gias Uddin Vs. State, 2002, 31 CLC (HCD)
....No. 70(2)90 corresponding to Iswarganj PS Case No. 2(9)90 under sections 302/201/34 of the Penal Code convicting the accused‑appellant under section 302 of the Penal Code and sentencing him to imprisonment for life and to pay a fine of taka five thousand, in default to suffer rigorous imprisonment...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328.......ainst the accused appellant and three other co-accuseds under section 302/201/34 of Penal Code, since prima facie case, was made out against them. 4. The case record ultimately came to the present trial Court who on the basis of materials as available on record framed charge against the accusedâ€...... the Respondent‑State. Criminal Appeal No. 1790 of 1996. Judgment Tariqul Hakim J.- This Criminal Appeal, at the instance of accused‑appellant Giasuddin, is directed against the judgment and order, dated 19‑10‑1996, passed by the learned Additional Sessions Judge, First Court, Mymen..Category: Criminal Law | Date: | Hits: 51
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
.... Md. Arayesuddin J Mobarak Ali Gazi (Md.)……........Petitioner Vs. State………………………………..Opposite Party Judgment May 14, 2003. Result Rule is made absolute. Cases Referred to- Viran Wali Vs. State, AIR 1961 J & K 11; Bhagabaticharan Vs. Em......m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......1 and 381 of the Penal Code. The learned Magistrate after hearing framed charge under section 461 and 381 of the Penal Code. The petitioner denied the charge and claimed to be tried. Accordingly, the trial was held and the learned trial Court found the petitioner guilty under section 461 and 381 of ......orney-Genera-For Opposite Party. Criminal Revision No. 555 of 1998. Judgment Md. Arayesuddin J.- In this revision Rule was issued upon the opposite party to show cause as to why the judgment and order passed by the learned session Judge Satkhira in Criminal Appeal No. 47 of 1997 upholding t..Category: Criminal Law | Date: | Hits: 62
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
.... and order dated 10‑6-1991 passed by the learned Sessions Judge at Faridpur in Sessions Case No. 08 of 1991, which convicted the appellants under sections 302/149 and sentenced each of them to imprisonment for life and to pay a fine of Taka 10,000 in default to suffer rigorous imprisonment for a f......ra 1396 BS at about 7‑00 AM Abdur Razzak, brother of Salim, went to his house and told him that they sowed 'Kalai' yesterday but Mansur Fakir came to plough said land today, and brother Salim Fakir called him. After departure of Abdur Razzak, he went there. On the way, he saw accused Mansur Fakir,......currence took place. 4. After investigation the police submitted a charge-sheet against 6(six) accused persons including the appellants under the aforesaid sections of the Penal Code. 5. In the trial, all six accused persons were charged under sections 148 and 302/149 and 114 of the Penal Code...... This Case is also Reported in: 55 DLR (2003) 307. ..Category: Criminal Law | Date: | Hits: 60
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....led in question. 2. The case of the petitioner is that the land on which the disputed house stands had been originally acquired by one SA Aziz from the Government in his capacity as a displaced person from India vide allotment letter No.3791/CHS dated 6.5.60 issued by the Assistant Commissioner, ......etition under Article 102 of the Constitution the enlistment of certain property being a house situated at holding No. F/K/9, Sher Shah Colony, Nasirabad, PS Panchush, District Chittagong hereinafter called the disputed house, in the 'Ka' list of abandoned properties vide notification in the Banglad...... March, 1971 was at war with or engaged in military operations against the People's Republic of Bangladesh. any property taken over under the Bangladesh (Taking Over Control and Management of Industrial and Commercial Concerns) Order, 1972 (Acting President's Over No.I of 1972), but does not incl......ohammad Gholam Rabbani J Sarwari Begum………………………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others……..Respondents. Judgment March 28, 1993. Case Referred to- 43 DLR 139. ..Category: Property Law | Date: | Hits: 75
Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
..... 3‑7. Appeal from Original Decree No. 34 of 1976. Judgment Kazi Ebadul Hoque J.- This appeal by the plaintiff is against judgment and decree dated 20.2.75 passed by the District Judge, Jessore in Probate Suit No.12 of 1973 dismissing the suit. 2. Admitted case of both of the parties i......ned to add that he attested the will on being asked by the testator. He also could not remember through whose pen he attested the document. P.W.4 stated that about 10 years before his deposing he was called by the plaintiff while passing through his house and on being requested he signed a document ......e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567.......t. Vs. Sunil Kumar Biswas………………Respondent Judgment August 1, 1993. Cases Referred to- 35 DLR (AD) 315; Smt. Jaswant Kaur Vs. Smi. Amril Kaur, AIR 1977 (SC) 74; Parash Chandra Bhowmik Vs. Hiralal, 36 DLR (AD) 156. Lawyers Involved: Abdur Rahim, Advocate ‑ For th..Category: Property Law | Date: | Hits: 78
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
.... that discharge by defendant Nos. 2 to 18 of any function as office‑bearers of the Central Committee of Bangladesh Pustak Prakashak and Bikreta Samity (Bangladesh Book Publishers and Book Sellers Association) and holding of meetings of the said Committee scheduled on 11.2.1993 and 17.2.1993 by def...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ......ause notice issued upon the defendants by the learned Judge. The temporary injunction matter was heard on 24.2.1993. The learned Assistant Judge found that the plaintiff had prima facie case to go to trial but that there was no possibility of his suffering any irreparable injury if the injunction wa......62. ..Category: Civil Law | Date: | Hits: 104
Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)
....7 passed in this Title Suit No.69 of 1956. 3. Plaintiffs case, in short, is that 20.07 acres of land appertaining to CS Khatian No.6 Ext. C originally belonged to one Jaki Palan who died leaving 2 sons named Alim Palan and Kalim Palan and a widow Alimerma who subsequently died leaving her aforesa......em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ...... defendant No.15 Siddique and sons and daughter to inherit the same. All the ejmali properties of Kalim and Alim, at Matkabari in Chandpur have now been brought into hotchpotch. 8. At the original trial the plaintiffs examined plaintiff No.1, Harez Ali as P.W.1 and plaintiff No.3 Zamu Palan as P.......ed in: 45 DLR (HCD) (1993) 558. ..Category: Property Law | Date: | Hits: 57
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....fact that the plaintiff filed title Suit No.222 of 1976 and in that title suit she got a decree and it was declared that the suit property cannot be treated and declared as an enemy property. It is also record that in the year 1969 the property in question was treated as enemy/vested property by the......laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ......efendants, namely, the Government and the Vested Property Authority lost the case and the decree obtained by the plaintiff in the Title Suit was maintained. This matter has also been discussed by the trial Court in this suit and the trial Court found that it was not required for it to consider the q...... Mozammel Hoque J Md. Abdul Karim J Hosne Ara Begum……………………Appellant Vs. Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Dhaka and Another……………………Respondents Judgment May 19, 1993. Case Referred to- ..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....tipulated period of one year from the date of decision of the acquiring authority, or from the date of award of compensation and secondly, a previous decision based on different cause of action and also on a provision of law which is not applicable will be barred by the principle of res judicata in ...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ......he Code of Civil Procedure for extension of time where the time limit has been fixed by any order of the Court to perform certain act by the party. It is argued in the present case, the decree of the trial Court used the words that in the event that default the suit "will be dismissed". These are no......M Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Dr. Malik Mehdi Kabir...................................Appellant (In Civil Appeal No.59 of 2006) Md. Shahidullah Bhuiyan and others………….Appellants (In Civil Appeal No.60 of 2006) Vs. Rabit-Al-Alam-Al-Islami ..Category: Property Law | Date: | Hits: 93
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