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Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....nt of Bangladesh and ors 41 DLR (AD) 165; Madras vs Chamapakan Dorairagan AIR 1951 SC 226; Union Krisan vs Andhra Pradesh AIR 1993 SC 2178; Kudrat-e-Elahi Panir vs Bangladesh 44 DLR (AD) 319 and Deepchand vs State of Uttar Pradesh (AIR 1959 SC 664). Lawyers Involved: M Zahir, Senior Advocate (...... DLR (AD) 19; Sharfat Ali vs Union of India AIR 1974 SC 1631; CB Boarding and Lodging vs Mysore AIR 1970 SC 2042; Kashabananda Bharati vs State of Kerala AIR 1973 SC 1461; Anwar Hossain Chowdhury vs Government of Bangladesh and ors 41 DLR (AD) 165; Madras vs Chamapakan Dorairagan AIR 1951 SC 226; Un......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
.... Lawyers Involved: Kh MS Hasan, Advocate (appeared with the leave of the Court) instructed by Md Nawab Ali, Advocate-on-Record— For the Appellant. NH Khandker (absent) — For Respondent Nos. 1, 3 &4. Not represented—Respondent N......rice claimed by Abdur Rashid, that in due course plaintiff purchased stamp for drawing up the deed but day following the collection of the stamp, Abdur Rashid became ill and after two months he recovered and on March 8,1995 upon accepting the price claimed by. Abdur Rashid executed the deed of s......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 26
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....nce acquitted by the trial Court) and Shafiuddin Sheikh and Jaber Sheikh (the two appellants) and entered into the said land and the appellants Shafiuddin Sheikh and Jaber Sheikh caught hold of the hands of Abdul Gafur and then convict Aynul Sheikh dealt a spade blow on the head of Abdul Gafur w......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ..Category: Criminal Law | Date: | Hits: 42
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....ncluded the land at Paribagh. After the contract was entered into as stated above there was exchange of correspondence relating to the Paribagh property between the purchasers and seller on the one hand and between the seller and the corporation (the defendant No. 3) on the other hand but the ma...... KM Hasan CJ Md Fazlul Karim J Md Tafazzul Islam J Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment ......-Bengali origin and they left East Pakistan and never returned to Bangladesh after liberation. The shares and assets of the Company vested with the Government as "Abandoned Property" and management of the business and affairs of the Company was ultimately entrusted by the Government wi..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....Begum; PLD 1965 (SC) 496 Shamsuddin vs. Capt. Gauhar Ayub; PLD 1963 (SC) 460,486 Fazlul Quader Chowdhury vs. Abdul Huq; PLD 1972 (SC) 139 Asma Jilani vs. Govt. of Punjab; PLD 1952 (FC) 29 Sobho Cyan Chand vs. Crown; PLD 1963 Dhaka 669 Md. Abdul Haque vs. Fazlul Quader Chowdhury; AIR 1967 (SC) 1643 G......) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Law an......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....is story was that first blow was given by one of those two persons whom he asked as to what they were doing. If Nurul Islam is to be believed then the confessional statement is false. On the other hand, if confessional statement is to be relied on the evidence of P.W.4 stands falsified. Both cann......is found to be padded with embellishments the only one consideration for the court is to see whether there are tangible evidence connecting the accused with the crime. Since we have found that the recovery of the sandal and the dagger have not been proved beyond all reasonable double, the prosecutio...... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157..Category: Criminal Law | Date: | Hits: 159
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....llants are entitled to be acquitted as a matter of right in the facts and circumstances of the case………………(9 & 12) Lawyers Involved: S.S. Haider, Senior Advocate instructed by Ranesh Chandra Maitra, Advocate-on-Record — For the Appellants. B. Hossain, Deputy Attorney-General, in......the north-western corner of his hut but he did not find Shariatullah. On the following morning he went to the Police Station and lodged Ejahar against the appellants. After 4 days Shariatullah was recovered in an unconscious state from a char on the river bank near Aftabi Bazar. Shariatullah then ......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152..Category: Criminal Law | Date: | Hits: 57
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....1980 these appellants, along with 15 others, started to reap the ripe paddy forcibly. Hearing this news Bazlur Rahman and his men including his father (P.W. 1) rushed to the spot. He carried in his hand his licensed gun; he asked the appellant Budhai as to why he was forcibly reaping the paddy b......Again, the area of Plot No. 3833/4166 appears to be about 3 acres, whereas the land actually purchased by the appellants from this plot under their kabala comprises only 1.83 acres; this shows that over one acre of land was still left in this Plot after the appellants' purchase. Be that as it may,......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..Category: Criminal Law | Date: | Hits: 49
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....of Tk.1000/- in default to rigorous imprisonment for one month-by his judgment and order dated 25.4.83. He further directed the appellant under section 522(1) of the Code of Criminal Procedure to hand over possession of the disputed holding to the informant party. 6. This order was affirmed, .......1000/- in default to rigorous imprisonment for one month-by his judgment and order dated 25.4.83. He further directed the appellant under section 522(1) of the Code of Criminal Procedure to hand over possession of the disputed holding to the informant party. 6. This order was affirmed, first......lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ..Category: Criminal Law | Date: | Hits: 59
....ort Pilot ‘Comm’rs (1947) 330 U.S. 552; West Coast Hotel Co. Vs. Parrish, (1936) 300 U.S. 379 at page 400; AIR 1955 SC 166; R.K. Garg Vs. Union of India AIR 1951 SC 2138.
Lawyers Involved:
Khandker Mahbubuddin Ahmed, Senior Advocate (Fida M. Kamal, Advocate with him) instructed by Sharif......r-in-charge, Gopalganj & others.....Respondents
Judgment
September 1, 1988.
Result:
The appeal fails.
The Constitution of the People’s Republic of Bangladesh, 1972
The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 7(2) (g)
The provision for disqu......ution. In that case a single manufacturing company namely, Sholapur Spinning and Weaving Company, was treated by the Indian Central Legislature "as a class by itself in view of allegation of mismanagement, and a law was made for better management of the affairs of the company The law, Sholapur..
Category: Election Law | Date: | Hits: 212
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....ire land of dags were divided into 1/3rd and 2/3rd between the parties and the plaintiff will gel 1/3rd and defendant will get 2/3rd of the dags in the suit. The learned Single Judge on the other hand held that the Solenama mentioned the expression “নালিশী জমি” (land in the......tion……(6) Solenama was given effect to and construction of the solenama by the two courts below clearly shows that the entire dags were subject-matter of the compromise. Therefore clause 6 covers the case and the document is exempt from registration……….(7) Case Referred to- H......ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ..Category: Property Law | Date: | Hits: 49
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....st at the rate of 12% during the pendency of the suit and until realisation did not suffer from any illegality Reliance was placed on two judgments of the Privy Council, namely, Pannal Lal vs. Nihal Chand, AIR 1922 PC 46 and Lala Haki Rai vs. Lal Ganga Ram, AIR 194 PC 61. 9. Being aggrieved by th......laintiff-respondent No. 1, Sonali Bank, (which I will call "The Bank") instituted the suit against the appellant, M. M. Ispahani Ltd. (which I will call "The Company"), and respondent Nos. 2-6 for recovery of the debt along with accrued interest amounting to Tk.3,49,14,738.70. Appellant as principal......eting Corporation was impleaded in the suit, it was pot maintainable. The learned Judges of the High Court Division observed as follows: "From the facts disclosed in the case, it is clear that the management and control of defendant No. 1 including its Jute Division had been fully resumed by the ..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... agreement that was concluded on 16th April, 1967 between the parties. The agreement is Ext. 2(a). The material portions are reproduced as under: "1. Mrs. Young Chung Ching agrees to withdrew and handover her share of the assets and business of China Cafe to Mr. Liu Tet-Ping at an agreed total v......n and the balance Tk. 14,000/- was not paid until 1975 and she has not enchased either; that the plaintiff and the defendant started a partnership firm in 1962 and continued up to 1967 is not in controversy. The controversy arises as to the nature of the agreement that was concluded on 16th April, 1...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ..Category: Business or Commercial Law | Date: | Hits: 114
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....nce being hearsay e.g. that he heard that the plaintiff was a daughter of Gouri Dasi. The plaintiff's evidence as P.W. I was discarded on the ground that she was an interested witness. On the other hand, the evidence of D.W. 1 Abdur Rouf, Field Kanungo was relied on that Gouri Dasi was a prostitu......ved a notice under section 92 of the State Acquisition and Tenancy Act from the Deputy Commissioner, Rangpur as to why the land in question should not be treated as abandoned property and the Government of Bangladesh would not enter into the khas possession on the death of Gouri Dasi w......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
.... Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Mohsen Ali J Sunil Krishna Banik & ors................................Appellants Vs. Kailash Chandra Saha & ors.............................Respondent Judgment November 17,...... evidence the learned Judges observed as follows: 'It appears that when O. Ps. Ws. were examined no rent-receipt or document was filed. After the examination of O. Ps. 1 to 4 was over, certain documents were filed on 17.12.79 and they were marked as Exts. A, A(1), B, B (1......is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ..Category: Property Law | Date: | Hits: 34
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ......y it transpires that the receiver appointed some persons for seeing the works without taking prior permission of the Court and he should pay out of salary against these persons. It is illegal Moreover it is apparent chat & huge work of market construction investing several lacs has been ta...... January 11, 1984. The Code Civil Procedure, 1908 (V of 1908), Or. 40, r. 1 (a), (c) and (d) and r. 4. Receiver is an officer of the Court to whom is given possession of custody and management of certain property. The received is the custodian of the property, he is liable to rend..Category: Property Law | Date: | Hits: 39
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ......s referred to section 34(3) of the Ordinance which empowers the Administrator to appoint a "managing committee" to manage and administer certain waqf property when a Wakf estate is taken over by him by a Notification under section 34(1) of the Ordinance; but no such situation has arise...... April 1974. Three beneficiaries and one member of the public filed a petition against him on 23 November 1981 before the Administrator bringing some allegations, such as breach of trust, mis-management and malfeasance, and prayed for his removal. The appellant appeared before the Administr..Category: Trust/Waqf Law | Date: | Hits: 196
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......ness was not carried on "in the course of the carrying out of any primary purpose of the trust". This contention was rejected by the Lahore High Court which found that clause (i) is not governed by clause (i-a), that these two provisions are independent of each other, that two separate......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
.... Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Paresh Chandra Bhowmick……….....................................Appellant Vs. ...... or thumb impression on the will. When a written will is sought to be proved, it must be proved by fulfilling the statutory provisions namely, provisions of sections 67 and 68 of the Evidence Act governing proof of a document. In addition, the special requirements of section 63 of the Succession......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ..Category: Property Law | Date: | Hits: 118
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......983. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (President's Order No. 16 of 1972), Article 14 Under section 14(1) any property vested in the Government shall be exempted from all legal process including seizure, distress, ejectment, attachme......Principal Defendants. Abdul Rahman Abdul Majid, appellant No. 2, Dada Abdul Gani and Mohammad Yunus Abdus Sattar were made pro forma defendants. M/s. Gannysons Ltd. having been in control management of the Government was made defendant No. 1 but no relief was sought for against the..Category: Property Law | Date: | Hits: 47
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