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Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....by the prosecution to produce witnesses but ultimately other than PW 1 no witness was examined by the prosecution. From the order dated 21-1-89 it also does not appear that the prosecution made any prayer for adjournment of the case for examining any further witnesses on a subsequent date. The p......e, Sylhet in GR Case No. 77 of 1989 acquitting the accused respondent from charges under sections 107/148/ 149/3241323/307/379 of the Penal Code. 2. One Mokhlesur Rahman lodged a First Information Report on 7-11-86 against the accused- respondents alleging, inter alia, that on 6-11-86......s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ..Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ed for evidence. On 13-7-86 prosecution filed hazira of 16 witnesses but subsequently filed a petition under section 288 of the Code of Criminal Procedure. It appears from the order-sheet that the prayer of the prosecution praying for time for recording 342 statements was allowed and 20-7-86 was......by a Division Bench of the High Court Division in Criminal Appeal No, 328 of 1986 setting aside the order of conviction under section 302 of the Penal Code and sentence thereunder of transportation for life passed against the two respondents by the learned Sessions Judge, Chandpur on 13-9-1986 in......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..Category: Criminal Law | Date: | Hits: 120
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....gh Court Division (Barisal Bench) in the Civil Revision Case No.51 of 1988, discharging the Rule, affirming thereby the order dated 31-1-88 passed by the trial Court refusing the petitioners’ prayer for correction and amendment of the plaint of the aforesaid title suit and the decree passed...... 1997. The Code of Civil Procedure, 1908 (V of 1908) Section 152 & Order XXII rule 3 It is the right of the heirs of the deceased plaintiff to file in court an application for substitution and a corresponding duty has been cast upon the court to make them parties in the ......porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ......porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ..Category: Property Law | Date: | Hits: 88
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....fter he submitted several applications to allow him to resume duties at Dhaka Office, even on the basis of the order of temporary injunction passed on 27-6-80, but respondent No.3 did not allow his prayer and that after the disposal of his appeal in the civil Court he also asked the concerned aut......did not join at Rangpur on taking various pleas. He worked at Dhaka Office up to 21-8-79 and then stood released on 22-8-79 with effect from 23-8-79 from Dhaka Office. Thereafter he went on leave for some time but ultimately did not join at Rangpur Office. He, however, unsuccessfully challenged......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..Category: Administrative Law | Date: | Hits: 119
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....f having merely instituted the suits for specific performance of the contracts for sale, the trial Court as well as the appellate Court committed an error of law in appointing the Receiver upon the prayer of a person who is not the owner, inasmuch as it was not just and convenient to keep the pr......awab Ali, Advocate-on-Record — For the Respondent No. 1. (In both the petitions). Not represented — Respondent Nos. 2 and 3 (In both the Petitions). Civil Petition for Leave to Appeal Nos. 183 and 184 of 1998. Judgment ......case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ..Category: Property Law | Date: | Hits: 87
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....e loan amount. Thereafter respondent No.1 again on 4- 12-88 filed a petition praying for directing the bank to submit the statement of accounts and also prayed for one month’s time. But that prayer was not allowed by the General Certificate Officer. Hence, these two writ petitions were fil......t any lawful authority and are of no legal effect. 2. Respondent No.1, namely, Meghna Enterprises Ltd. a cold storage and Ice plant at Barkamta under Debidwar Police Station, Comilla applied for loan from Bangladesh Krishi Bank, Monoharpur Branch, Comilla against pledge of goods. Banglades......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..Category: Business or Commercial Law | Date: | Hits: 150
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....e order of status quo had forcibly entered into suit plot on 18 June 1996 and cut down valuable trees and demolished the fencing structures. 2. Defendant No. 1 who is the respondent here resisted prayer for mandatory injunction contending that they had been in possession of the said plot and tha...... Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Petitioners. Not represented— the Respondents. Civil Petition for Leave to Appeal No. 81 of 1997. Judgment Bimalendu Bikash Roy Choudhury J.- The petiti......urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ......urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ..Category: Property Law | Date: | Hits: 101
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....take cognizance in the case in accordance with illustration (c) of section 179 of the Code of Criminal Procedure. We are, therefore, of the view that the High Court Division has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. ...... Mahbubey Alam, Advocate, instructed by Chowdhury Md Zahangir, Advocate-on-Record — For the Petitioner. Not represented— The Respondent. Criminal Petition for Leave to Appeal No. 27 of 1998. Judgment &nbs......n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ..Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....trative Appellate Tribunal and decide whether the view taken by the tribunal with regard to the impugned order of dismissal dated 8-11-86 was correct. 26. We shall not accede to this prayer for two reasons. The respondent could have filed appeal even before filing the writ petition...... Judgment February 2, 1998. The Constitution of Bangladesh, 1972, Article 102 (i) Whether an order of dismissal from service under MLO No. 9 was effective or not for non-communication of the same on the affected person can be decided by the Administrative Tribu......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....livery of possession by the Railway authorities to the plaintiffs who raised a portion of the said land with earth and erected CI tin-shed thereon for the purpose of setting up an industry, On the prayer of the plaintiffs the Government in the Ministry of Textiles under Memo dated 2-7-81 conveye......f 1985 allowing the appeal, reversing those of the Subordinate Judge, Narsingdi passed in Title Suit No. 85 of 1985, and decreeing the suit. 2. The plaintiff-respondents brought the aforesaid suit for specific performance of contract for transfer of the suit land on the averments, ......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....nt Nos. 45-47 had acquired no title on the basis of the said kabalas and the plaintiffs were not bound by the same. The plaintiffs sought to amend the plaint incorporating the said facts and adding a prayer that a declaration be made in respect of the said kabalas as mentioned above. The appellants ......iff-Respondents Judgment November 5, 1996. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 The plaintiff could amend the plaint before the decree was passed by the trial court or in the appellate court after filing of appeal again...... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ...... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ..Category: Procedural Law | Date: | Hits: 149
Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous, 1998, 27 CLC (AD)
....he residence of his maternal grandfather at Mohammadpur where he is residing with his mother, the respondent, a Government servant. The couple has also been divorced in 1993. The petitioner’s prayer for visitation was refused by the High Court Division on the ground that in view of the str...... Act, 1890 (VIII of 1890), Section 12(1) A father cannot be denied access to his minor son while in the custody of the mother. The Petitioner has been permitted to apply to the Family Court for making suitable arrangement to visit his son on regular basis when the petitioner is stationed...... access to his son during pendency of the suit. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 145. ...... access to his son during pendency of the suit. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 145. ..Category: Family Law | Date: | Hits: 156
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....of the concerned village was finally published on 3 March 1962 and accordingly, the fishery in question had vested in the Government under the provision of the said Act. He therefore rejected the prayer by his order dated 26 December 1989. He further directed the district authority to take ste......Tenancy Act, 1950 (XXVIII of 1951), Sections 43(2) & 44(3) Publication of a notification in the official gazette declaring that a compensation assessment-roll has been finally published for a village or group of villages or local area stating the date of such final publication complyi......ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ..Category: Property Law | Date: | Hits: 90
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
.... any bank guarantee for the difference between the amount of tax assessed by the Customs Authority and the amount of tax to be paid pursuant to the interim order even though respondent No. 1 in his prayer (B) in the writ petition offered to furnish a proper bank guarantee for the same. ......ed within a time-frame or which is primarily financed externally on pain of lapse of financial support if not completed within a certain period and so on. Salus populi est suprema lex—Regard for the public welfare is the highest law—and in each case the High Court Division will consi......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)
....on of the house on 25 January 1990 but transferred it to Sayeda Rahat Ara Quamrun Nahar who prayed mutation of her name in all records of the Cantonment Board. The said Board, without allowing the prayer made a request to her for payment of Taka 6,99,899.00 to DGFI for maintenance costs of the h......gust 27, 1997. The Cantonment Act, 1924 (II of 1924), Section 73 The writ petitioner after purchase of the house from heir of allottee of the Cantonment Board completed all the formalities for mutation as required under section 73 of the Cantonment Act under the circumstance ......sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ......sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ..Category: Property Law | Date: | Hits: 74
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
.... If and when released they will not set their feet on Bangladesh soil ever in future. They have had their lessons and they have begged mercy of the Court from the very beginning. It is again their prayer in total and unconditional submission to the mercy of this Court that this Court will give a...... Judgment February 17, 1997. The Special Powers Act, 1974, sections 24B & 25D (i) We have heard with some compassion mixed with pity the present plight of the foreigner-appellants and we feel that because of the appeal alien situation in which the two foreig......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ..Category: Criminal Law | Date: | Hits: 130
Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)
....the ejmali property he was made proforma defendant No. 7 and a notice of temporary injunction was issued against him. He appeared in OC Suit No. 77 of 1989 and filed a written objection against the prayer for temporary injunction but did not file any written statement in the suit and, as such, on...... Judgment May 8, 1995. The Code of Civil Procedure, 1908 (V of 1908) Or. V r. 17 The petitioner on appearance filed written objection against the petition for temporary injunction but on his failure to file written statements in the original suit, the s......in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ......in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ..Category: Property Law | Date: | Hits: 74
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....ry J.- By this petition, leave is sought to appeal from the order of a Division Bench of the High Court Division upholding an order of the Subordinate Judge, Second Court, Narayanganj refusing the prayer of the defendants for rejection of the plaint of Title Suit No. 308 of 1994. ......908) Order VII rule 11 The question of limitation being a question to be decided on examination of evidence and documents and also considering the relevant law in view of the reliefs prayed for, at the time of trial, the plaint of the suit cannot be rejected as prayed for. …&hellip......he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ..Category: Property Law | Date: | Hits: 52
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
.... the trade mark “ORALSALINE” and to withdraw all products of them from the market and also for a decree for compensation. On 1-4-95 an order of ad interim injunction was granted on the prayer of the plaintiff-respondent by the Additional District Judge, 6th Court, Dhaka where the Sui......rade Marks Act, 1940, section 73 The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, Rule 1 Interlocutory orders are based on prima facie findings upon the materials produced before the Courts at the time of hearing of such matters and upon satisfaction of the Court that the......ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ......ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ..Category: Intellectual Property Law | Date: | Hits: 242
Syed Hedayet Ali Vs. Chief Election Commissioner and others, 1994, 23 CLC (AD)
....or a declaration that the Memo. fixing the date of administration of oath to respondent Nos.5-14 was illegal, being time-barred. No oath of office could be administered on 20-7-92. The petitioner’s prayer for injunction in the said title suit being rejected on 5-8-92 the elected members of the Uni......Hossain, Advocate-on-Record — For the Petitioner. Shamsul Haque Siddique, Advocate-on-Record—For the Respondent No. 5. Respondent Nos. 1-4 and 6-14— Not represented. Civil Petition for Leave to Appeal No. 158 of 1994. (From the judgment and order dated 9-3-94 passed by the Hi......, without good cause shown, fail to take oath on that date. 5. There is no substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 89. ......, without good cause shown, fail to take oath on that date. 5. There is no substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 89. ..Category: Election Law | Date: | Hits: 110
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