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Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)
....d of the respondent No.1, the Authority held on 31.7.90 as circulated by Memo No.1517 (Admn), dated 14.8.90 (Annexure‑H to the Petition), should not be declared to have been made and issued without lawful authority and of no legal effect and why a direction should not be given for canceling or wit...... This Case is also Reported in: 48 DLR (HCD) (1996) 121.......rs. But at the moment there are four petitioners before this Court since petitioner No.1 Munir Hossain died in October, 1991. In this Rule respondents have been called upon to show cause as to why order bearing Memo No.332 (Admn), dated 7.2.90 issued under the signature of respondent No.3, Secret..Category: Employment/Service Law | Date: | Hits: 191
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
.... 115(1) of the Code of Civil Procedure. 12. Mr. AJ Mohammed Ali, the learned Advocate appearing for the plaintiffs‑appellants petitioners has submitted that the learned District Judge erred in law in rejecting the application dated 9.11.91 under section 151 of the Code of Civil Procedure whic......Syed Khalilullah Malek others.................Opposite Parties Judgment November 20, 1995. Result: The Rule is made absolute. Cases Referred to- Nazir Ahmed Vs. Rabibgr Rahman Miah and others, 7 DLR 192; 21 DLA (SC) 46; 15 CLJ Page 339; 28 DLR (AD) 127; 25 DLR 96. Lawyers Invo...... Azizur Rahman Chowdhury, Advocate ‑ For the Opposite Parties. Civil Revision No.9029 of 1991. Judgment M Bazlur Rahman Talukder J.- This Revisional application is directed against the order dated 9.11.1991 of the District Judge, Maulavi Bazar, passed in Title Appeal No.145 of 1986. ..Category: Trust/Waqf Law | Date: | Hits: 181
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
...., correctness or validity is beyond the reach of jurisdiction of Courts." Gojendragandkar CJ at para 25 of the report dealt with the argument advanced by the Attorney‑General that the "approval" in law amounts to decision under Article 217 (3) because it satisfies all the requirements of the said ......‑Party Judgment May 9, 1995. Result: The Rule is discharged. Cases Referred to- Jyoti Prokash Mitter Vs. Hon’ble Mr. Justice HK Bose, the Chief Justice the High Court, Calcutta and another, 1965 (SC) 961; State of Rajasthan and others Vs. Union of India, 1977 (SC) 1361; SP Gup......ons of the respective judges. As a result of the split Judgment the learned Chief Justice referred this case to BB Roy Chowdhury, J. to hear and dispose of as the Third Judge. But it is seen from the order sheet that BB Roy Chowdhury, J, for reason best know to him, felt embarrassed and the learned ..Category: Criminal Law | Date: | Hits: 111
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....(4), as follows:- "(4) An Assistant Sessions Judge deemed to have been appointed as Additional Sessions Judge under the proviso to sub-section (3) of section 9 may pass any sentence authorised by law except a sentence of death." The newly-introduced section 29C has under-gone a change. By the......h 22, 1989. Result: The Rule is made absolute. Cases Referred to- Md. Mustafa Mondal Vs. The State, 35 DLR 362; Nazir Ahmed & others Vs. Yonus Miah & others, 36 DLR 93; Abu Taher and others Vs. Mst. Razia BeÂgum, 37 DLR 18; 36 DLR 93; Abdul Latif & others Vs. Nurjahan Begum......d in the following circumstances- This Rule in Criminal Revision No.4 of 1984 was obtained by the petitioner under section 561A of the Code of Criminal Procedure on 3.1.84 against the judgment and order dated 27.11.83 passed by Mr. Shah Jamshedur Rahman, Assistant Sessions Judge, Noakhali rejecti..Category: Criminal Law | Date: | Hits: 158
Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)
....o be served on the judgment-debtor together with a notice requiring the objections, if any, to be made within a stated time. The judgment-debtor-appellants clearly statÂed that the said provision of law has not been complied with and they prayed for a stay of the execution case. By the impugned Ord......s follows. The respondents instituted the aforesaid O.C. Suit No.73 of 1976 against the appellants for speÂcific performance of contract in the Court of Subordinate Judge, Pabna, who by his judgment and decree dated 30.9.77, was pleased to decree the suit on contest with costs. The appellants prefe......cree-holder-respondents prepared a draft of the document and delivered the same to the Executing Court under Order 21, rule 34 (1) of the Code of Civil Procedure. 4. From the certified copy of the order sheet it apÂpears that the draft document was referred to the Sherestader for necessary check..Category: Property Law | Date: | Hits: 140
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....t the suit property is a Waqf property and the plaintiff is Mutualli. 2. The learned Advocate for the petitioner asÂsailed the order on the ground that the Subordinate Judge committed an error of law in allowing the amendment under Order 6, rule 17 C.P.C. after the defendant had filed written st....... Civil Revision No.11 of 1986. Judgment AM Mahmudur RahÂman J.- The petitioner obtained this Rule against an orÂder of amendment of the plaint, acceptance of valuaÂtion put on the plaint and for direction to file replies to the interrogatories made by the Subordinate Judge in a suit for......ogatories made by the Subordinate Judge in a suit for declaration that the suit property is a Waqf property and the plaintiff is Mutualli. 2. The learned Advocate for the petitioner asÂsailed the order on the ground that the Subordinate Judge committed an error of law in allowing the amendment u..Category: Procedural Law | Date: | Hits: 133
Kohinoor Chemical CompaÂny Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)
.... Moqbul Ahmed, Advocate - For the PetitionÂers. Civil Order No.155 of 1989. Judgment AM Mahmudur RahÂman J.- By this application the petitioners raise a short but an important question of law as to whether rule 1 of Order 11 of the Code of Civil Procedure as amended by Ordinance XLVIII o......Âman J.- By this application the petitioners raise a short but an important question of law as to whether rule 1 of Order 11 of the Code of Civil Procedure as amended by Ordinance XLVIII of 1983 is mandatory or directory in nature. 2. To answer this question short facts necesÂsary to state are ......he said suit was contested by defendant Nos.1 to 5 and 7 by filÂing a joint written statement denying all the material allegations made in the plaint. Thereafter the learned Subordinate Judge by his order 26.7.1987 framed the issues and September 8, 1987 was fixed for deliverÂing the interrogatori..Category: Procedural Law | Date: | Hits: 133
Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)
....dment as noted above sections 395 and 397 were omitted from the schedule of Special Powers Act on 23.8.77 i.e. before the date of taking cognizance of the offences. It is now a settled princiÂple of law that change of procedure shall not affect any pending case, but a criminal case is deemed to be ......tate…………………………..............Opposite Party Judgment March 7, 1988. Result: The Rule is made absolute. Cases Referred to- Sakyapada Barua & ors. Vs. The State and others, 38 DLR 86; Kazi Md. Wahidun Nabi Vs. Abdus Satter @ Monaya and ors., 36 DLR 200. Lawy......s - For the State. Criminal Revision No. 52 of 1987. Judgment Md. Abdul Jalil J.- This Rule was issued on an application filed under section 561A of the Code of Criminal Procedure against an order dated 27.5.78 taking cognizance of an offence under secs. 395 and 397 of the Penal Code by the..Category: Criminal Law | Date: | Hits: 120
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
.... illegally and without jurisdiction in not dismissing the election petition for want of cause of action after the office of the Chairman of the said Upazila has been declared vacant by operaÂtion of law. 10. Mr. Abdul Quayum, the learned Advocate appearing on behalf of opposite party No.4, on th...... & others.............................Opposite Parties Judgment January 16, 1989. Result: The Rule is made absolute. Cases Referred to- Hosne Zaman Sarker Vs. Election Tribunal and others, BCR 1986 (HC) 141; 38 DLR 435(1986); 38 DLR 435; Sk. Tabibar Rahman Vs. Election Tribuna......er J.- This Rule was issued upon an application under section 115 of the Code of Civil Procedure by the petiÂtioner who was elected Chairman of the Nalchity Upazila Parishad against the judgment and order dated 24.2.87 passed by the learned District Judge, Jhalakati in election Appeal Nos.2 of 1986..Category: Election Law | Date: | Hits: 252
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....527 of Akberpur Mouza . At the time of his departure he told his brother, the informant, to go to the land with some seedlÂings. The accused party also gathered at the same plot of land forming an unlawful assembly with common object to forcibly take possession of the same with ploughs, bullocks-ar...... Qazi Shafi Uddin J Shawai @ Mohammad Hussain & others.........Appellants Vs. State........................Respondents Judgment April 2, 1989. Result: The order of conviction and sentence of appellant is set aside and the appeal is allowed. Cases Referred to- Suraj Pa......ahuddin Hossain J Qazi Shafi Uddin J Shawai @ Mohammad Hussain & others.........Appellants Vs. State........................Respondents Judgment April 2, 1989. Result: The order of conviction and sentence of appellant is set aside and the appeal is allowed. Cases Refer..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....se two Rules Nisi and the contempt petition have been heard together and will be disposed of by this common judgment as they arise out of the same transaction and involve common questions of fact and law. 2. In Writ Petition No.425 of 1985 the petiÂtioner obtained the Rule Nisi challenging two M......mal J Mahmudul Amin Choudhury J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by SecÂretary, Ministry of Land AdminÂistration and Land Reforms and others..................................Respondents (In Wr......after instiÂtuted Mutation Case Nos.91, 92 and 93 of 1979 beÂfore the Circle Officer (Revenue), Moulvibazar. After compliance of necessary formalities all the three mutation cases were allowed vide order dated 13.11.79. The respondent No.4 Syed Mohsin Ali and his 5 brothers filed an objection peti..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....ition No. 470 of 1985 Writ Petition Nos. 472-484 of 1985 Writ Petition Nos. 529-533 of 1985. Judgment Mustafa Kamal J.- These 40 Rules Nisi, arisÂing out of common questions of fact and law, were heard together and will be disposed of by this comÂmon judgment. 2. Nawab Yusuf Road, ......ute. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam for Abdus Sobhan, Advocate - For the Petitioners (In all the Writ Petitions). M. Nurullah, Attorney-General with A.F. Hasan Arif and M. Safiullah - For the Respondent No.2 (In all the Writ Petitions). Writ Petition No. 442 of ......ssion Ordinance, 1970 (Ordinance No.XXIV of 1970) after canceling the allotments and the teÂnancy as the case may be. 7. The Division Bench, therefore, made the 55 Rules Nisi absolute without any order as to posts. 8. Against this judgment and order of the DiviÂsion Bench the then Dhaka Pour..Category: Property Law | Date: | Hits: 145
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....out the occurrence and lodged ejahar in the evening on the next day. At the time of occurrence the husband of deceased Lechu Bibi was in Saudi Arabia and she was staying in the house of her father-in-law along with her children. 3. The occurrence alleged to have taken place at 18.30 hours on 18.4......DLR (HCD) (1989) 349.......e alleged offence and they have been falsely implicated in the case. 6. The learned Additional Sessions Judge after examination of the P.Ws. and considering evidence on record, by his judgment and order dated 16.2.82 convicted the appellant No.1 Abdul Khalek and apÂpellant No.2 Mohubullah under ..Category: Criminal Law | Date: | Hits: 101
....ft this country in 1053. Thereafter, one Abdul Kader, a non local, had been residing in the holding with his family and also inducted some other persons in the suit holding as his tenants without any lawful authority. That the said unauthorised occupant Abdur Kader recently demolished the shed in th......sion
(Civil Appellate Jurisdiction)
Present:
Mozammel Hoque J
Abdul Karim J
Additional Deputy CommiÂssioner (Revenue) Dhaka………………Appellant
Vs.
Md. Mostafa Ali Mridha and others…………………Respondents
Judgment
July 22, 1993.
Result:
The appeal is...... Chandra Paul left this county long ago and was permanently residing in India, the Government took over that property as vested, and non‑resident property. The plaintiff created forged documents in order to grab the suit property.
4. On the aforesaid pleadings of the parties four issues were fr..
Category: Property Law | Date: | Hits: 134
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
....se when it is moved before a Court. He submits that without-hearing Âthe opposite party‑petitioner (the Judgment debtor) the learned Judge in passing the aforesaid order committed serious error of law and the mistake committed calls for review of the order. 4. This Rule is resisted by the plai......solute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ......e Petitioner. Golam Mohiuddin, Advocate - For the Opposite Party. Civil Rule No.210(R) of 1993. Judgment AM Mahmudur Rahman J.- By this Civil Rule the petitioner seeks review of the Civil order No.2160 of 1993 passed on 2.8.1993 by Syed Fazle Ahmed, J. 2. The plaintiff‑opposite part..Category: Civil Law | Date: | Hits: 157
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
.... First Information Report with the Salla Police Station on 8.5.89 alleging that on 7.5.89 at about 11‑00 AM the 12 accused named in First Information Report with 8‑10 unknown persons forming an unlawful assembly being armed with deadly weapons trespassed into the house of Sikim Ali and entered i......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment March 15, 1995. Result: The reference is rejected. The Criminal Appeal No.654 of 1992 is dismissed. The Jail Appeal No.749 of 1992 and Jail Appeal No.1761 of 1992 are dismissed. Cases Referred to- Woolmington Vs. Director of......ur Rahman called Sikim Ali to his house from the paddykhola of Bahadur and asked him to allow passage through his house. Sikim Ali, did not agree and there was a quarrel between the panics and on the order of Nasim, Khalil drove his sharp sulfi on the abdomen, of Sikim Ali and caused serious injury...Category: Criminal Law | Date: | Hits: 139
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
.... 5. Before I embark upon the discussion of the Article I want to state, briefly, the object of punishing for contempt for scandalising Judges. In ex parte Whitmore it has been stated thus: "The law punishes the contemner out of no personal consideration for the Judges. The punishment is not m...... Court Division (Special Original Jurisdiction) Present: A M Mahmudur Rahman J Mahfuzur Rahman J Judges of the High Court Division............Petitioners Vs. Ashok Kumar Karmaker and others..............Respondents Judgment June 29, 1995. Result: The proceeding for c......take up first the case of contemner No.1 Mr. Ashok K Karmaker. The article covering 6 columns is on the ability of the power and ability of the Judges of the High Court Division to issue Rule and the order passed in exercise of their power under Article 102 of the Constitution of the People's Republ..Category: Criminal Law | Date: | Hits: 149
Shahidullah Kazi, Amjad Hossain Vs. State, Abul Kasem, 1995, 24 CLC (HCD)
....Mulak Aparad Daman Ain and the same was submitted beyond the period of 30 days without obtaining any extension of time from the tribunal as required as under sub-section (2) of section 15 of the said law. It has also been noticed in the FIR there was no mention of any offence under the Santrash Mula......ns including the petitioner by the informant Abul Kashem, alleged owner of tank, alleging that over the dispute of catching fish in that tank accused persons injured several persons by causing simple and grievous hurts using dangerous weapons. 3. After investigation Officer‑In‑Charge Police s......trash Mulak Aparad Daman Ain 1992. Thereafter on 20.4.90 Sessions Judge Gazipur as, Santrash Mulak Aparad Daman Tribunal registered the same as Tribunal Case No.5 of 1993. 4. It appears from last order dated 23.6.93 that the tribunal framed charge against the accused persons under sections 326/3..Category: Criminal Law | Date: | Hits: 97
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......quashing the proceedings of CR Case No.2041/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka. 2. Complainant opposite party Md. Ataur Rahman, an Additional Chief Engineer of Roads and Highways Directorate, filed a petition of complaint against the petitioner alleging that in the ......e petition of complaint. In the result, the Rule is made absolute. Proceedings of CR Case No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ..Category: Criminal Law | Date: | Hits: 125
Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)
....nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ......i Halder & others...............Respondents Judgment June 15, 1995. Result: The Rule is discharged. Cases Referred to- Aseruddin Sk Vs. Serqiuddin Talukder, 30 DLR 75; Tayeb Ali and another Vs. Abdul Mutlib in Civil Appeal No.30 of 1983; Abdul Khaleque Vs. Jadab Chandra Mali, 2......ate ‑ For the Petitioner. SR Karmaker, Advocate ‑ For the Opposite Party. Civil Revision No. 670 of 1985. Judgment Abu Sayeed Ahammed J.- This Rule was issued against the Judgment and order dated 28.7.86 passed by the Subordinate Judge, Munshigonj dismissing the Misc. Appeal.382 of 1..Category: Property Law | Date: | Hits: 106
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