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Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
.... meantime no step having been taken for substitution of the heirs of the sole deceased petitioner and the stipulated period having been elapsed long before the revision itself has abated according to law. 4. Mr. Miah Abdul Gafur who obtained the Rule for the petitioner submits that he tried to co...... 173. ......site parties. Civil Revision No.3571 of 1993. Judgment Abu Sayeed Ahammed J.- This Rule was obtained by the defendant in SCC Suit No.21 of 1984 (renumbered as SCC Suit No.21 of 1993) against order dated 28.8.93 passed by the 1st Assistant Judge, Dhaka, rejecting the application of the defen..Category: Procedural Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
.... of the State Acquisition & Tenancy Act (which shall hereinafter be called the Act). 2. Nazamat Ali gifted the disputed land including his homestead measuring 0.70 acres to his daughter‑in‑law (son's wife) the opposite party 1 Nazuma Khatun for love and for good service rendered by the so......n: 48 DLR (HCD) (1996) 170. ......id facts and circumstances of the case. the discussions and for the reasons above I hold that the transfer in question made as gift by Ext 3 is beyond the scope of Pre‑emption. So the Judgments and orders of the Court below cannot be sustained and are liable to be set aside. In the result, ther..Category: Property Law | Date: | Hits: 127
....ions such as Writ Petition Nos. 977-987 of 1998, 1008-1011 of 1998 and 1047 of 1998 are heard together and are being disposed of by the same judgment as all these writ petitions involve same point of law and about 23 employees including present petitioners were terminated by the Chairman (Rector) of......
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376.......s separately issued in each of above 16 writ petitions under Article 102 of the Constitution of the People’s Republic of Bangladesh calling upon the respondents to show cause as to why the impugned order of termination dated 17-8-97 issued under Rule 50(2) of Bangladesh Public Administration Train..
Category: Employment/Service Law | Date: | Hits: 160
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
.... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373....... M A Rouf Assistant Attorney-General - For the State. Death Reference No.13 of 1994. Judgment Abu Sayeed Ahammed J.- This Death Reference No.13 of 1994 has been made by the impugned judgment and order dated 10-7-94 passed by the Sessions Judge, Kishoreganj in Sessions Case 93 of 1993 awardi...... Rouf Assistant Attorney-General - For the State. Death Reference No.13 of 1994. Judgment Abu Sayeed Ahammed J.- This Death Reference No.13 of 1994 has been made by the impugned judgment and order dated 10-7-94 passed by the Sessions Judge, Kishoreganj in Sessions Case 93 of 1993 awarding s..Category: Criminal Law | Date: | Hits: 130
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....xty days as provided in sub-section (5) of section 167 of the Code of Criminal Procedure. He further has argued that when there is any legislation by incorporation or by reference to any provision of law the application of the provision amended or added by such legislation be restricted to the exten......se is also Reported in: 51 DLR (1999) (HCD) 368.......rocedure as those stood before 1992 are as follows: (5) If investigation is not concluded within sixty days from the date of receipt of information relating to the commission of the offence or the order of the Magistrate for such investigation, the Magistrate empowered to take cognizance of such ..Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....suit by the parties. 9. Mr. Manjurur Rahim, the learned Counsel for the defendant-appellant to annul the impugned judgment and decree, submits that, the decree of the learned trial Court is bad in law as well as in fact and merit of the case and is liable to be set aside, that the impugned judgme...... is dismissed. Cases Referred to- Cox’s Vs. Employers’ Liability Assurance Corporation, Limited (1915 C. 2884), Law Reports, 1916, King’s Bench Division, Vol. II page 629; Borada Spinning and Weaving Co Ltd. Vs. Satyanarayan-Marine and Fire insurance Co Ltd., AIR 1914 Bombay 225; Girdhar...... Money Suit No.24 of 1989 decreeing the suit in full for an amount of Taka 47,13,905.70 only. 2. First Appeal No.129 of 1995 has been filed by the same defendant-appellant against the judgment and order dated 9-2-95 passed by the same Court in Miscellaneous Case No.129 of 1994 under Order 47 rule..Category: Business or Commercial Law | Date: | Hits: 522
State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)
....e accused persons. But these facts are not sufficient to hold that the accused persons, in fact, committed the murder. Suspicion, however, strong cannot take the place of proof. Prosecution under the law is bound to prove its case beyond all reasonable doubt and if it is found that there is doubt in......eme Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Gholam Rabbani J Md. Nurul Islam J State……….Appellant Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others…………………Respondents Judgment February 23, 1998. Result: The d......RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355...Category: Criminal Law | Date: | Hits: 129
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
....learned family judge further found that the plaintiff was entitled to both prompt dower amounting to Taka 43,000.00 and deferred dower amounting to Taka 42,000.00 in all Taka 85,000.00 in view of the law contained in the Muslim Family Laws Ordinance, 1961. The other claim of the plaintiff for value ......rocedure, the propriety of the concurrent decision of the Courts below have been called in question whereupon Rule was issued calling upon the Opposite Party No.1 to show cause as to why the Judgment and decree dated 9-10-97 passed by the learned Subordinate Judge-cum Third Artha Rin Adalat, Sadar, ...... at by the Courts below. The judgment of the Courts below, thus, do not warrant any interference by us. 16. The Rule is devoid of any substance and the same is, accordingly, discharged without any order as to costs. The judgments of the Courts below stand maintained. 17. Order of stay granted ..Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....d the order of stay on 16-11-2009 and it was also directed by this Court that the Artha Rin Adalat, 1st Court, Chittagong to proceed with the Artha Rin Adalat Case No.340 of 2005 in accordance with law. Thereafter, being aggrieved by the aforesaid order Mr. MA Salam as a director of Capital Ship B...... 2011. Result: The appeal is dismissed. Cases Referred to- PT Krishnaswami Ayyangar Vs. Chevula Kamalamma, AIR 1941 PC 90 (92); (Obla) Sundarachriar Vs. Narayan Ayyar, AIR 1931 PC 36 (38 and 39); M Subramanian Vs. MLBM Lutchman, AIR 1923 PC 50 (53); Eagle Star Insurance Co Ltd. Vs. Usma......e said Execution Case No.340 of 2005 which was rejected summarily on 4-6-2008 by a Division Bench of this Court, thereafter the petitioner Salam and Company being aggrieved by the said judgment and order dated 4-6-2008 passed by the High Court Division in Writ Petition No.4070 of 2008 preferred Ci..Category: Civil Law | Date: | Hits: 235
....ted in the application for condonation of delay that due to bona fide and unintentional mistake appeal could not be filed in time for which the delay should be condoned for ends of justice.
3. The law is well settled that under a special law where a time limit has been given to file an appeal, th......on
(Civil Appellate Jurisdiction)
Present:
Md. Ashfaqul Islam J
M Moazzam Husain J
Commissioner of Customs, Benapole, Jessore…………Applicant
Vs.
President, Customs, Excise and VAT Appellate Tribunal, Dhaka and others………Respondents
Judgment
May 18, 2011.
Res......cate - For the Respondent No.3.
Customs Appeal No. 04 of 2010.
Judgment
Md. Ashfaqul Islam J.- This is an application under section 5 of the Limitation Act for condonation of delay. From the order sheet it appears that the Customs Appeal No.04 of 2010 has been filed before this Division on ..
Category: Limitation Law | Date: | Hits: 324
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....abacha within Police Station Patharghata, District Borguna. 3. The informant lodged a First Information Report with the Patharghata Police Station at 11.35 A.M. on 14.8.85 alleging that his son-in-law Manik Bala, the condemned prisoner, married his daughter Alo Tara 7/8 months prior to the date o......Sarker J DM Ansaruddin Ahmed J State…………………Appellant Vs. Manik Bala…………………Respondent Judgment December 5, 1988. Result: The reference is rejected and the Jail appeal is allowed. Lawyers Involved: M. Shamsul Alam, Deputy Attorney General wit......demned prisoner Manik Bala under section 302 of the Penal Code in Sessions Case No.4 of 1987 by his judgment dated 23.4.87. The condemned prisoner has also filed an appeal from the jail against the order of conviction and sentence passed against him by the learned Session Judge. Both the Referen..Category: Criminal Law | Date: | Hits: 142
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
....ing in petition Case No.757 at of 1986 of Court of the Additional Chief Metropolitan Magistrate, Dhaka is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 43....... Barua, Advocate - For the State. Criminal Revision Case No. 194 of 1988. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Dhaka and complainant opposite party No.1 Md. Zakaria to show cause why the proceedings in petition Case N...... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433...Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
.... Is the suit maintainable in its present form? 2. Is the suit void? 3. Is there any privity of contract between the Plaintiffs and the defendants? 4. Is the agreement, if any, enforceable in law? 5. Is the suit bad for defect of parties? 6. Is the suit barred by limitation? 7. Are ...... Md. Shamsuddin Khan & others...................................Respondents Judgment May 2, 1989. Result: The appeal is allowed. Cases Referred to- Sarwar Khan Vs. Gulam Sarwar and others, PLD 1982 AJ & K 126; Ram Singh Kundan Singh and sons and another Vs. Ram Chand Issar......ime to be fixed by the Court; (b) that on failure of the defendant Nos.1 and 2 to execute and register the necessary deed of sale and/or the partnership deed within the time fixed by the Court, an order may kindly be passed for execution and registration of the same through Court at the expense o..Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
....86 calling upon the respondent to show cause as to why the decision and order of the Labour Court, Khulna Division, passed in Case No.IRO. 24/82 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The case of the petitioner, in short, is that he i...... (Special Original Jurisdiction) Present: Md. Abdur Rouf J Md. Mozammel Haque J Khan Md. Ruhul Amin……………Petitioner Vs. Chairman, Labour Court of Khulna Division, Khulna and others…………..Respondents Judgment January 9, 1990. Result: The Rule is disch......ondent No.2. Writ Petition No.35 of 1986. Judgment Md. Abdur Rouf J. - The petitioner obtained this Rule Nisi on 22-1-86 calling upon the respondent to show cause as to why the decision and order of the Labour Court, Khulna Division, passed in Case No.IRO. 24/82 should not be declared to h..Category: Labour and Industrial Law | Date: | Hits: 184
Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)
.... Heard the learned Advocates and perused the record. 8. It appears that the Antiquities Act, 1968 (Act No.XIV of 1968) (hereinafter referred to as the Act) was enacted to consolidate and amend the law relating to the preservation and protection of the antiquities. 9. The word "antiquity" was ...... Ismail………Petitioner Vs. State represented by the Deputy Commissioner, Dhaka………Opposite Party Judgment May 20, 1999. Lawyers Involved: Sultan Ahmad with Malik Syed Ahmad and Md. Joynul Abedin, Advocates — For the Petitioner. Abul Hossain Azadi, Assistant Attorney- ......ribunal No.16, Dhaka for trial. 4. The learned Special Tribunal Judge on receipt of the case record framed charge on 24-4-1995 under section 25B(a) and section 25D of the Special Powers Act by his order No.9 and fixed 19-6-1995 for trial. 5. The petitioner being aggrieved by the aforesaid proc..Category: Others | Date: | Hits: 159
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
.... filed a written objection denying all the material allegations made in the application for addition of party and contended, inter alia, that the petition for addition of party is not maintainable in law, and it is hit by doctrine of lis pendens under section 52 of the Transfer of Property Act, and ......his Case is also Reported in: 51 DLR (1999) (HCD) 341....... Md. Roushan Ali with Md. Rabiul Karim, Advocates - For the Opposite Party No.2. Civil Revision No.1718 of 1935. Judgment Md. Fazlul Haque J.- This Rule is directed against the judgment and order dated 25-2-95 passed by the Additional Subordinate Judge Court, Dhaka in title suit No.62 of 1..Category: Procedural Law | Date: | Hits: 121
..../488/1(10) dated 14-5-97 issued under the signature of Mr. Md. Ashraf Ali Khan, In charge (Planning and Estate) of the respondents office (Annexure-C) should not be declared to have been made without lawful authority and is of no legal effect.
2. The case of the petitioner is as follows:
He ha......upon the respondents to show cause as to why the order as contained in Memo No.06/Estate/180(Part)-4/488/1(10) dated 14-5-97 issued under the signature of Mr. Md. Ashraf Ali Khan, In charge (Planning and Estate) of the respondents office (Annexure-C) should not be declared to have been made without ......On an application made by the petitioner under Article 102 of the Constitution of the People’s Republic of Bangladesh a Rule Nisi was issued calling upon the respondents to show cause as to why the order as contained in Memo No.06/Estate/180(Part)-4/488/1(10) dated 14-5-97 issued under the signatu..
Category: Labour and Industrial Law | Date: | Hits: 176
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....sent petitioner filed reply taking a number of grounds and contented that the execution case in it's present form and manner is not maintainable among other as the decree is a nullity in the eye of law. However, that objection was rejected by the Executing Court. Warrant of arrest was issued again......t High Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul Awal J Bangladesh………………………………Petitioner Vs. Abdul Aziz and others………………………………Opposite Parties Judgment December 6 & 8, 20......er to pay the bill the opposite party No.1 filed Arbitration Miscellaneous Case No.11 of 1999 against the Bangladesh T&T Board and the opposite party Nos. 2 to 4. Ultimately the Court passed an order under section 20(1) of the Arbitration Act, 1940 appointing Mr. Saifuddin, retired Engineer, P..Category: Alternative Dispute Resolution | Date: | Hits: 291
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....m and Mintu and also appellants Abdul Gofran, Giasuddin and Abdus Sattar as if the suit has been filed afresh there and respectively under sections 302/34 of the Penal Code proceed in accordance with law and sentencing each of them there under to suffer imprisonment for life and to pay a fine of Tak......s Case is also Reported in: 48 DLR (HCD) (1996) 165. ......eal No.2266 of 1991 with Criminal Appeal No.2229 of 1991. Judgment Md. Abdul Karim J.- Criminal Appeal No.2266 of 1991 and Criminal Appeal No.2229/1991 are directed against the Judgment and the order dated 27.10.91 passed by the learned Sessions Judge, Feni in Sessions Case No.4 of 1990 convic..Category: Criminal Law | Date: | Hits: 147
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
.... by the aforesaid impugned orders. 12. The suit land is, no doubt, char land and agricultural in nature which invokes sections 76 and 81 of the State Acquisition and Tenancy Act being the relevant law for the purpose of settlement of the suit land by way of lease. Section 81(b) has been incorpora...... is also Reported in: 51 DLR (HCD) (1999) 435. ......udgment and decree dated 20-10-90 passed in Other Suit 50 of 1986 by the Subordinate Judge, Cox’s Bazar, dismissing the suit. 2. Opposite parties 1-9 instituted the suit for declaration that the order pussed by the Additional Deputy Commissioner Chittagong on 4-4-84 in Settlement Appeal Case 15..Category: Property Law | Date: | Hits: 105
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