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Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ......Fazlul Karim, Fazlul Bari and Fazlul Kader are the male heirs of the original Wakf late Ahsan Ali Chowdhury. They are also joint Mutawallis in terms of the registered Wakfnama Ext.1. 3. The case for the plaintiffs respondents is that late Ahsan Ali Chowdhury created a wakf in respect of the sui......peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ......ash;69/59 dismissing the suit for declaration of title, confirmation of possession and permanent injunction. 51. This appeal was heard by a Division Bench of this Court consisting of two learned Judges, F.H. Mohammad Habibur Rahman and Syed Mohammad Ali, JJ. who differed from each other on some..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
..... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ...... Result: The appeal is dismissed. The Transfer of Property Act, 1882 (IV of 1882) Clause (e) of section 108 of the Transfer of Property Act provides for instances in which a material part of a property is wholly destroyed or rendered substantially....... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ......ructed by the appellant No.1, appellants were monthly tenants in respect of kutcha huts, and the entire subject-matter of the tenancy was completely destroyed by fire and accordingly, the learned Judges of the High Court Division rightly held that as with the complete destruction of the subjec..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
....w) of 1983. Judgment Latifur Rahman J.— A Rule was issued calling upon the opposite parties to show cause as to why they should not be prosecuted or proceeded against for committing contempt of Court for disobeying and disregarding the judgment and order of this Court passed in Wri......evision No. 36(w) of 1983. Judgment Latifur Rahman J.— A Rule was issued calling upon the opposite parties to show cause as to why they should not be prosecuted or proceeded against for committing contempt of Court for disobeying and disregarding the judgment and order of this Cour......s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ......s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
The State Vs. Mr. M.A. Wadud, 1983, 12 CLC (HCD)
....s taken by the contemner, but it is difficult to accept such plea because of the fact that the act was done deliberately. There is no doubt that the contemner has shown gross disregard and utter contempt towards the order of the Sessions Judge. Since under the new dispensation of the present Go......Miscellaneous No. 14 of 1983. Judgment SM Husain J.— This contempt Rule was issued M.A. Wadud 1st Class Magistrate of Nilphamari in the district of Rangpur to appear in person before this Court upon a reference of the District and Sessions Judge of Rangpur and to show caus......der be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95. ......der be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95. ..Category: Contempt of Court Law, Criminal Law | Date: 9 Mar, 1983 | Hits: 2
....J. - It is my misfortune that I could not persuade myself to the view expressed in the judgment of my learned brother Shahabuddin Ahmed J.
2. The question is whether the respondent had committed contempt of this Court. The allegation is that he willfully disobeyed the court's order and dire....... - I have gone through the judgments written by Badrul Haider Chowdhury and Shahabuddin Ahmed JJ. and I concur with the decision of Shahabuddin Ahmed J.
Badrul Haider Chowdhury J. - It is my misfortune that I could not persuade myself to the view expressed in the judgment of my learned brother...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
....urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ......ict Judge, Mymensingh in Probate Suit No.5 of 1976. 2. Facts are as follows: Late Digindra Chandra Bhattacharya, the predecessor of the appellants instituted a suit being Probate Suit No.5 of 1974 for grant of Probate in respect of the last will dated 30-12-62 executed by Kitish Chandra Bhattacha......urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ......20-12-80. Thereafter C.R. No.37 of 1981 was filed before the District Judge, Mymensingh. In such back ground the contention was that the heirs of Digindra could not be substituted. The learned Judges of the High Court Division in F.A. No. 101 of 1976 rejected the prayer for substitution. ..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
.... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ......ithout assigning any reason at the cost of dispensation of justice- The Court is competent to reject an appeal even at the initial stage of its admission but the Court must give its reason for such rejection at the initial stage. An appeal under section 407 of the Code gives a substa...... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ......mended by the Code of Criminal Procedure (2nd amendment) Ordinance, 1982 (Ordinance No.XXIV of 1982). By the said amendment of section 407 of the Code of Criminal Procedure words, "Sessions Judges" have been substituted as "District Magistrates". Previously, under secti..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ...... Muyeed Chowdhury and others……………Respondents Judgment January 27, 1982. Result: The rule is made absolute. Transferee court may punish for violation of an order of injunction- Order 39, Rule 2(3) empowered the court to punish for ......ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......uently can punish for violation of the order of injunction. The aforesaid cases of Calcutta High Court, cited by the learned Deputy Attorney General, lay stress on the said words and the learned Judges in these decisions came to the finding that it is the court granting an order of injunction t..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
....temner.
Contempt Petition No. 8 of 1980.
Judgment
Chowdhnry A.T.M. Masud J.— This Rule was issued calling upon respondent No.1 to show cause as why he should not be committed for contempt of Court.
2. By an order dated 12.12.70, the Sub-divisional Officer, Jamalpur, directe...... Contemner.
Contempt Petition No. 8 of 1980.
Judgment
Chowdhnry A.T.M. Masud J.— This Rule was issued calling upon respondent No.1 to show cause as why he should not be committed for contempt of Court.
2. By an order dated 12.12.70, the Sub-divisional Officer, Jamalpur, dir......79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
......79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
..
Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
....t of Writ petition No. 916 of 1978. Judgment Chowdhury AT.M. Masud J.— This Rule was issued calling upon the Respondents to show cause as to why they should not be committed for contempt of court. 2. It has been stated by the petitioner that under the direction of responde......g out of Writ petition No. 916 of 1978. Judgment Chowdhury AT.M. Masud J.— This Rule was issued calling upon the Respondents to show cause as to why they should not be committed for contempt of court. 2. It has been stated by the petitioner that under the direction of resp......sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ......sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ..Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
.... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ......of a memorandum No. ED/SP-11(M)-9/78-47(500) dated 18th March, 1978 issued by the Secretary Establishment Division of the Cabinet Secretariat of the Government of Bangladesh providing a comprehensive formula for grating benefits to the employees who participated in the war of liberation; the aforesa...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ......eclared "that all Government officials. Civil, Military, Judicial and diplomatic who taken the oath of allegiance on terms and conditions of service so long enjoyed by them and that all District Judges and District Magistrate in the territory of Bangladesh and all diplomatic representatives els..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ......Rahman Chowdhury J. — While concurring with the order passed by my learned brother I propose to add a few words of my own. In course of hearing of this petition several points have come up for consideration of the Court and in course of our perusal of the Bar Council Order (here......sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ...... Some provisions should be made in order to test the capability of the intending incumbents before they are allowed to practice here and this should be done by a Committee consisting of the Judges of this Court, as was the prevailing practice before the present Bar Council Order came into ..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ...... The appeal is allowed. Specific Relief Act (1 of 1877) Section 22 & 26 Sale of Goods Act (III of 1930), Section 58 Code of Civil Procedure (V of 1908). O.XLVII r.6 Suit for specific performance - Court is to be guided by the principles laid down in chapter II of S.R. A......time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ......he expression "error on the face of the record". The High Court Division considered that the trial court "has not in any way altered the basic terms of the agreement". The learned Judges mentioned "The only variation is in the decree that the prayer in the plaint was with re..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
.... says, the Supreme Court shall be a Court of Record, and shall have all the powers of such a Court including the power, subject to Law, to make an Order for the investigation of or punishment for any contempt of itself. 5. A combined reading of the provisions set out above indicates that full j...... lawful authority and when a person is serving out an order of sentence passed by a Court or tribunal, the jurisdictional validity of that order could be looked at. When such a question is agitated before the Court, the Court is first to see the provisions of the law as well as the provisions of the......tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ......s under s. 491 Criminal P. C. could go into this question of evidence. Whether there is evidence to sustain a conviction is a question of Law and the members of a Court Martial are the sole Judges of both Law and fact. In my view this Court could not interfere if they had made a mistake of..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Bengal Water Ways Ltd & Another
....rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ......so permit, be would up on the principles of dissolution of a partnership firm……………….(30) Exclusion of director or deadlock in the management are grounds for dissolution of a company on equitable principles. There cannot be any precise definition or......rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ...... was granted to the appellants to examine the question as to whether on the principles of dissolution of a partnership firm, a private limited company can be wound up, as has been done by the learned Judges of the High Court Division. 20. The learned Counsel has cited a number of decisions in s..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
....er.
Communicate the order to the Court concerned expeditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
......udge directing attachment of four Trawlers.
2. Facts, in brief, leading to this appeal are that the plaintiff respondent instituted a money suit in the 3rd court of Subordinate Judge, Chittagong for recovery of Tk. 38, 75,000/- against the defendant-appellant. After the institution of the suit ......er.
Communicate the order to the Court concerned expeditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
......er.
Communicate the order to the Court concerned expeditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
..
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
...., below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ......bul Hossain the younger brother of the husband of the petitioner protested when the accused persons and 2 police constables caught him and assaulted him. Thereafter the accused persons took away the aforesaid articles and Eksir Mia to the house of accused Tofel Ahmed where accused opposite part......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ......of association is imparting of instruction and traning, theoretical and practical, in the principles and practices of weighment, measurement, storage, discharge of properties of various cargoes meant for export and import and to run measuring. On October 15, 1979 the Ministry of Commerce directed th......ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ......cause notice upon the appellant on August 11, 1979 and after considering the replies, passed the impugned Order under Section 8(1)(b) of the Trade Organisations Ordinance, 1961. The learned Judges of the High Court Division, while discharging the Rule, held that the Government was empowere..Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113
Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)
....without any order as to costs. The order of the High Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 1 BLD (AD) (1981)139. ......hority and of no legal effect. Leave was granted to consider the question whether the appointment letter issued inadvertently had created any right in favour of the respondent so as to call for a disciplinery proceeding in accordance with rules. 5. Facts are not in dispute. The respon......without any order as to costs. The order of the High Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 1 BLD (AD) (1981)139. ......nt power to dismiss the appointee but concluded that once appointment was given and acted upon the appointing authority could not exercise the inherent Power at will. It appears that the learned Judges of the High Court Division have not seen the case from the proper perspective, namely, that t..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1981 | Hits: 1
Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)
....eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ......T.M. Masud J. — This appeal by special leave arises out of a judgment of a Bench of the High Court Division in Writ Petition No.222 of 1973 dated 1st. September, 1977. 2. Leave was granted for examining the question as to whether the High Court Division correctly interpreted the provision......eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ......rpretation, as stated above, we find it difficult to accept the contention of the learned Additional Attorney General to the effect that Rule 10 can be given retrospective effect 21. The learned Judges of the High Court Division have rightly held that the assessing officer under Rule 10 has bee..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
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