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Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
....tuted Miscellaneous Case No. 1 of 1977 under section 96 of the State Acquisition and Tenancy Act, 1950 for pre‑empting the land in question on the plea that Bidhyadar Mondal, the owner of the land, sold it to the opposite party Nos. 1‑3 who were strangers to the holding and the petitioner is the......I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ......rty Nos. 1‑3 resisted the case on the ground that it was not maintainable under section 96 of the State Acquisition and Tenancy Act as the land was Bhiti as recorded in both CS and SA khatians. The trial Court allowed pre‑emption case. Against that judgment and order the opposite party Nos. 1‑...............................................Petitioner Vs. Abdur Rahman Dewan & others........................Opposite Parties. Judgment February 5, 1991. Cases Referred to- Dulichand Mehesriand and others Vs. Prohlad Chandra and others, 1945 Cal 50; M/s Lutfun Nahar Vs. Syeeda H..Category: Property Law | Date: | Hits: 95
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....No. 271 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J. - In this Rule under Article 102(2)(b)(i) of the Constitution of the People's Republic of Bangladesh, the petitioner, Farzana Huq has sought for an order for release of her husband, Sanaul Haq Niru, son of Shamsuddin Ahmed of village ......t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501.......t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501.......ndu Bikash Roy Chowdhury J Naimuddin Ahmed J Farzana Huq.........................................Petitioner Vs. Bangladesh represented by the Assistant Secretary, Ministry of Home Affairs and others.....Respondents. Judgment April 3, 1990. Cases Referred to- Golam Hossain al..Category: Constitutional Law | Date: | Hits: 287
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....are that the plaintiff instituted Title Suit No. 498 of 1981 in the Court of Munsif, Cox's Bazar for declaration of their right, title and interest in the disputed land on the basis of purchase and also for confirmation of possession therein on various allegations against the defendant‑petitioner.......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ......important question of law is mooted. The question is whether the Court below committed an error of law in the decision resulting the failure of justice in disallowing revision against an order of the trial Court refusing to modify valuation of a suit as contemplated under section 8(c) of Court Fees ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Ahmed Kabir..........................................Petitioner Vs. Haji Mazahar Ahmed and others...............Opposite Parties. Judgment July 25, 1990. Cases Referred to- K..Category: Procedural Law | Date: | Hits: 83
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....ah to the extent of four annas and to one Kamiran and Samiran each, to the extent of two annas. Then Farahtullah died leaving behind defendant No. 1 as his wife, father of defendant Nos, 2‑4 as his sons, defendants Nos. 5 and 6 namely Tasiran and Farijan as his daughters. The defendant as per kaba...... Subordinate Judge, Rangpur in Title Appeal No. 54 of 1966 reversing those dated 9.2.66 passed by the learned Munsif, 1st Court, Rangpur. 2. Plaintiffs case, in short, is that the land hereinafter called the suit property covered by Khatian No. 14 (Ext. 2) of Mouza Marichbari within PS Mithapukur......y upon her sale of 1.34 acres, vide Exts. 1(c) to 1(d) to defendant Nos. 12‑15 she was not supposed to get more than 0.90 acres of land. As regards possession of the plaintiff in the suit land, the trial Court found relying only on the deposition of DW 4 that the plaintiff was in possession of som......peditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492...Category: Property Law | Date: | Hits: 71
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....y was, however, de‑nationalised on 30.1.83 and returned to the former Bangladeshi shareholders. 3. It is represented by the petitioners that the Promoters Agreement set down the basis of the association for the arrangements for financing the establishment of the jute mill from the funds made ......greement set down the basis of the association for the arrangements for financing the establishment of the jute mill from the funds made available by the Government of the United Kingdom (hereinafter called UK Credit) through the then Government of Pakistan. It was stipulated in the agreement that t......ct. 2. Petitioner No. 1 Company is a public limited Company incorporated under the Companies Act, 1913 while petitioner No. 2 is its Managing Director. Sometime in 1963 the then East Pakistan Industrial Development Corporation (hereinafter referred to as EPIDQ, Delta Agencies Ltd. and the then In......rted in: 43 DLR (1991) 483. ..Category: Company Law | Date: | Hits: 213
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....ril, 1990 calling upon the Deputy Commissioner, Gaibandha, to show cause as to why the proceeding of GR Case No.57 of 1985 pending in the Court of Upazila Magistrate, Gobindaganj District, Gaibandha, so far it relates to the accused petitioner, should not be quashed. 2. On 15.6.1985 an FIR was lo......uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......ccused petitioner was the Accounts Officer at Gobindaganj Upazila at the relevant time. The case was started on 15.6.95 and the charge sheet was submitted on 20.11.98. There was much delay in holding trial for various reasons. The accused petitioner moved this application for quashment of the Crimin...... Vs. The State......................... Opposite-Party Judgment December 11, 1991. Cases Referred To- Md. Safiruddin alias Safiruddin Vs. State, 1981 BLD 150; State Vs. Azizur Rahman and another, 1937 CrLJ 225 (Karachi). Lawyers Involved: M Nurullah with AKM Safiullah, Shah Mi..Category: Criminal Law | Date: | Hits: 104
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....Rangpur in Special Case No.1 of 1987 convicting the appellant under section 409 of the Penal Code read with section 5(2) of Prevention of Corruption Act (II of 1947) and sentencing him to suffer imprisonment for life and to pay a fine of Tk. 5000.00, in default, to suffer rigorous imprisonment for s......d accused officer Mansur to the residence of appellant to enquire about his whereabouts but he could not be traced out. Then accused AVP Keramat Ali after contacting with the head office at 8‑00 PM called all the bank employees and searched them. On search about Taka four lacs and one key were rec......uiry. So those accused officers were reinstated in service. Thereafter Karamat Ali was promoted and Matlubul Alam and Mansuruddin were granted increments and house building loans. 16. In this case trial Court also relied on the confessional statement Ext. 23 made by the appellant to P.W.14 Mr. Md......…Appellant Vs. State……………………Respondent Judgment March 10, 1993. Result: The appeal is dismissed. Lawyers Involved: MA Malek with M Itnan Ali, Lutfa Ara Begum and AKM Asaduzzaman, Advocates ‑ For the Appellant SB Barua, Advocate ‑ For the State. Cri..Category: Criminal Law | Date: | Hits: 91
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
....trate and Deputy Collector and was granted Senior Scale on 15.07.1981; that on 04.02.1982 he joined on promotion as Additional Deputy Commissioner. By an order dated 22.05.1983, however, he was compulsorily retired from service under Martial Law Order No.9; that in view of the representation made ......, 1982 to 11th November, 1986 i.e. the date of commencement of the Constitution (7th Amendment) Act, 1986 inclusive were ratified and confirmed and declared to have been validly made and shall not be called in question in or before any Court, Tribunal Authority or any ground whatsoever. 12. But a...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ......C (2011) 271. ..Category: Administrative Law | Date: | Hits: 160
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....ing Industry of various kinds. On emergence of Bangladesh it was declared as abandoned under PO 16 of 1972 and was placed under Sector Corporation. The petitioner 2, the original owner, was appointed sole Administrator in 1978 who in order to get back the ownership of the industry created artificial......empt it served the lay‑off notices Annexure B‑1 to B‑13 to this petition. 4. The respondent 1 after hearing the case held that the notice of lay‑off was illegal and directed the same to be called off and passed an order upon the petitioner 1 to pay the wages and arrears since October, 198......effect. 2. This Rule arises, in short, out of the following circumstances: Respondents No.2 to 51, workers under the petitioner 1, instituted IRO Case No.6 of 1985 under section 34 of the Industrial Relations Ordinance, 1969, hereinafter shall be referred to as the Ordinance, in the Court of ......ed in: 45 DLR (HCD) (1993) 233. ..Category: Labour and Industrial Law | Date: | Hits: 129
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....r Mustafizur Rahman although served in the National Bank Limited till 9.1.87, yet at the same time he served as Adviser to the Board of Directors of BCI Limited since its inception in 1985‑86. It also further appears that the Board of Directors of BCI Limited appointed accused petitioner Mustafi......t of the Chief Metropolitan Magistrate, Dhaka. 2. The facts leading to the present case are as follows: Accused‑petitioner Mustafizur Rahman, B. Com., joined the then United Bank Limited (now called the Janata Bank) as an officer Grade‑III in the year 1966, continued to serve in the Janata...... be for the higher Courts to see whether the commitment order does disclose that satisfaction of mind on the part of the Committing Magistrate, which is necessary for committing an accused person for trial on the basis that a prima facie case for an offence punishable with death or transportation ha......urt Division (Criminal Miscellaneous Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abu Sayeed Ahmed J Mustafizur Rahman....................Petitioner Vs. State and others ......... …….Opposite Party Judgment November 29, 1992. Case Referred to- ..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
.... compensation made by the LA Collector, the respondent preferred Arbitration case No.333/1984. Before the Arbitrator the respondent claimed compensation @ Taka 50,00,000.00 per acre. The respondent also claimed recurring compensation @ Tk. 5000.00 per acre per annum. Appellant Bangladesh contested t......tham (22) Kennedy, J. noted the distinction between, on the one hand, disregarding the provisions of a statute and considering matters which ought not to be considered and, on the other hand, what he called" a mere misconstruction of an Act of parliament". This, perhaps, illustrates the clear distin......r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ......iscellaneous Jurisdiction) Present: ARM Amirul lslam Chowdhury J Md. Sirajul Islam J Bangladesh……………………Appellant Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others....................Respondent Judgment October 29, 1992. Cases Referred To- ..Category: Property Law | Date: | Hits: 76
Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)
....e property left by late Abdur Rahim remains as a secular one on which the mosque in question situates. Sub‑section (10) of section 2 reads as under: "Waqf' means the permanent dedication by a person professing Islam of any movable or immovable property for any purpose recognised by Muslim Law a......llah, Advocate ‑ For the Respondent. Writ Petition No.396 of 1985. Judgment AM Mahmudur Rahman J.- By this Rule Nishi issued under Article 102 of our Constitution the respondents have been called upon to show cause as to why the orders dated 14.8.85 passed by the respondent No.1 declaring......of Waqfs took an unsuccessful appeal, First Appeal No.151 of 1965, before the High Court of the then East Pakistan. The learned Judges of the High Court while affirming the judgment and decree of the trial Court held that the properties were not waqf properties. No appeal was preferred against that ...... High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Chowdhury J Surat Ali (Md)……………..Petitioner Vs. Administrator of Waqfs and others……………….Respondent Judgment April 30, 1991. Lawyers Involved: Abdul..Category: Trust/Waqf Law | Date: | Hits: 183
Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)
....ssessed by Belayet Hossain in spite of the protest and resistance of the petitioner and one Forhad Ali Sarker and Sree Gopal Chandra, the employees of the said Comilla Salt Industries. The accused persons had stolen away commodities from the said godown and also removed the signboard of M/s. Comilla......elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ...... property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before any criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pendin....... Judgment AM Mahmudur Rahman J.- This rule is directed against the order dated 23.8.87 passed by the Sessions Judge, Narayanganj in Criminal Revision Case 83 of 1987 setting aside the judgment and order of the Upazila Magistrate, Narayanganj in CR case No.190 of 1987 (Narayanganj PS Case No.1..Category: Criminal Law | Date: | Hits: 64
Siddique (Md) Vs. State, 1992, 31 CLC (HCD)
....s Court may seem fit and proper. 2. The accused petitioner along with another ere convicted under section 25B and D of the Special Powers Act, 1974 and sentenced thereunder to suffer rigorous imprisonment for 7 years and to pay a fine of tk. 5000.00, in default, to suffer rigorous imprisonment fo......e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ......mitting le appeal asserting that the appeal is well within time and has been wrongly reported as time barred. 3. Mr. Marfat Ali, the learned Advocate appearing for the petitioner, submits that the trial was held in absentia without observing the formalities as provided under sub‑section (6) of ......e State. Criminal Revision No.1325(R) of 1991. Judgment Habibur Rahman Khan J.- This is an application with a prayer for a direction for registering the appeal as being preferred within time and a Rule was issued by this Court on 1.7.91 calling upon the Deputy Commissioner, Thakurgaon to sh..Category: Criminal Law | Date: | Hits: 68
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
....e owners of 19 kathas of lands of CS Plot Nos. 12 and 13 of Mouza Dhanmondi having their two‑storied residential building on the northern side of that land and the mosque and grave of their predecessor late Colonel MA Rashid to the southern side thereof. Respondent No.3, Chairman Rajdhani Unnayan ...... No.2 took up the matter with CLAC which in its meeting dated 2.11.91 approved the allocation of 4.67 acres of private land as per revised drawing. Thereafter by letter dated 17.11.91 respondent No.2 called back summary dated 1.6.91 from the Acting President's Secretariat. Thereafter on the represen...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ......s Case is also Reported in: 45 DLR (HCD) (1993) 207. ..Category: Property Law | Date: | Hits: 79
State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)
....hata Police Station, Khulna on 30.6.2002 alleging inter alia, that the respondents had misappropriated ten metric tons of rice worth Taka 1, 25,000/- against two projects namely, earth filling at the south and west sides of the play ground in Khulna University. There were two committees comprising t...... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ted charge sheet on 22.2.2003 against the respondents under sections 409/467/468/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act. 4. The case after being ready for trial, was sent to the Senior Special Judge, Khulna wherefrom it was sent to the Divisional Special ......ourt Division (Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J The State………………………………………….Appellant Vs. Md. Shah Nowroj and others……………Respondents Judgment May 25, 2011. Lawyers Involved: Md. Monwar..Category: Criminal Law | Date: | Hits: 97
State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
...., inter alia, that the respondents had misappropriated fifteen metric tons of rice worth Taka 1,87,500/- against three projects namely, earth filling at the eastern side of the Police Barrack, and at south and south-western sides of the Academic Building-2 in Khulna University. There were three comm......W.15 Firoza Rahman Mina, a Woman-Member was tendered by the prosecution. In cross-examination by the defense she stated that she saw the projects to have been completed. The Investigating Officer had called her to the University, showed a list of some persons and asked whether she knew them. She rep......ted charge sheet on 22.2.2003 against the respondents under sections 409/467/468/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act. 4. The case after being ready for trial, was sent to the Senior Special Judge, Khulna wherefrom it was sent to the Divisional Special ......Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J The State……………………………………………………..Appellant Vs. Sheikh Mujibur Rahman and others……………Respondents Judgment May 25, 2011. Lawyers Involved: Md. Monwar..Category: Criminal Law | Date: | Hits: 101
State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
.... on 30.6.2002 alleging inter alia, that the respondents had misappropriated fifteen metric tons of rice worth Taka 1,87,500/- against three projects under Test Relief Program namely, earth filling at southern side of Ladies Hall in Khulna University, earth filling at south-eastern side of the said H......za Rahman Mina, a sitting Woman-Member, was tendered by the prosecution. In cross-examination by the defense she stated that she saw the projects to have been completed. The Investigating Officer had called her to the University, showed a list of some persons and asked whether she knew them. She rep......ted charge sheet on 22.1.2003 against the respondents under sections 409/467/468/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act. 4. The case after being ready for trial, was sent to the Senior Special Judge, Khulna wherefrom it was sent to the Divisional Special ......on (Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J The State…………………………………………………….Appellant Vs. Sk. Arif Newaz and others………………………..Respondents Judgment May 25, 2011. Lawyers Involved:..Category: Criminal Law | Date: | Hits: 86
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....r, the opposite parties No.2 to 5 (accused in the case out of which the present Rule arises) as mentioned in paragraph 2(ii) of the application for amendment, were impleaded as parties and Rule was also issued against them. Simultaneously prayer for conversion of the application under section 491 Cr......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ...... appears that the girl is aged at present Over 16 years. As the actual age cannot be ascertained at this stage without entering into the evidence both, oral and documentary, it should be left for the trial Court to decide. If it is found that the girl is aged less than 16 years as submitted by the l......e...................Petitioner Vs. State..................Opposite Party Judgment March 9, 1992. Cases Referred to- 35 DLR (AD) 127; Fatema Begum alias Urmila Rani Vs. Gageswar Nath and the Sale, 9 BLD (1989) 469; Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, 42 DL..Category: Criminal Law | Date: | Hits: 80
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....red To- AIR 1962 at page 171; AIR 1962 (SC) at page 263; Al Moududi case, 17 DLR (SC) page 209; Gaghubar Dayal Vs. Union of India, AIR 1962 (SC) page 263; Assalmuaalikum All India Bank Employees Association Vs. The National Industrial Tribunal (Bank Disputes) Bombay, AIR 1962 (SC) page 171. La......tablishment, factory or industry within the meaning of the Shops and Establishments Act, the Factory Act, or Industrial Relations Ordinance, had the effect of taking away from them the right of being called and designated as a worker to form a labour Union and there it comes into conflict with the f...... AIR 1962 (SC) at page 263; Al Moududi case, 17 DLR (SC) page 209; Gaghubar Dayal Vs. Union of India, AIR 1962 (SC) page 263; Assalmuaalikum All India Bank Employees Association Vs. The National Industrial Tribunal (Bank Disputes) Bombay, AIR 1962 (SC) page 171. Lawyers Involved: Khan Saifur R......This Case is also Reported in: 45 DLR (HCD) (1993) 192. ..Category: Labour and Industrial Law | Date: | Hits: 204
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