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Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.......................Plaintiff –Respondents Judgment June 24, 1990. Cases Referred to- ALN Satnappa Chetti & ors Vs. Thayyanyaki Ammal, AIR 1942 Mad. 698; Anukul Chandra Chakravarti Chairman, Dhaka Dist. Board, AIR 1928 Cal 485. Lawyers Involved: Md......r-in-interest of the respondents, instituted other suit No. 99 of 1968 in the Second Court of Assistant judge, Sadar Chittagong for permanent injunction against the Chairman, Railway Board and the Government restraining them from disturbing or interfering with his possession of the suit land and ...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 99
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....h necessarily include the power of transferring in employee of one industrial Unit to another industrial unit under it. 4. Mr. Asrarul Hossain. learned Counsel for the respondent has, on the other hand, defended the deciÂsion of the High Court Division emphasising that -hen employees of the Indu......tion) Order, 1972—P.O. 27 of 1972. A learned Single Judge of the High Court DiÂvision, by an order dated 1 April 1986 in Civil ReviÂsion No. 106 of 1985, has answered the question in the negative over turning the trial Court's decision given in Title Suit No. 391 of 1983 of the Sixth Court of Mu......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ..Category: Employment/Service Law | Date: | Hits: 143
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....the bullocks. At about 5-30 P.M. the Informant's cousin Morshed Khan, P.W.11, was attacked by the appellants and the other accused persons on his way to Changutia hat; accused Shamsher gave him first hand blows as a result of which his two front teeth were knocked out and when the Informant and his ......tion whether he had witnessed the assault upon Majid. In the circumstances, it is really diffiÂcult to place any reliance upon his evidence; but these glaring discrepancies in his evidence have been overlooked by both the trial court and the appellate court. 6. P.W.2, Suburannessa, is the wife,......s set aside and they are acquitÂted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291..Category: Criminal Law | Date: | Hits: 53
Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)
....h, 1987 in connecÂtion with Gurudashpur P.S. Case No.9 dated 24.2.1987. It is alleged in the F.I.R. that on 24.2.87 at about 5.15 P.M. some persons, not named in the F.I.R., being armed with rifles, hand-grenades and other weapons attacked Guradaspur Police Station and after overpowering the police......s alleged in the F.I.R. that on 24.2.87 at about 5.15 P.M. some persons, not named in the F.I.R., being armed with rifles, hand-grenades and other weapons attacked Guradaspur Police Station and after overpowering the police on duty looted away some arms and ammunition from there. 2. It is stated ......al is allowed. The apÂpellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....ind tree. Then accused Azimuddin dealt a Dao low on the forehead of Firoze Shah causing bleeding injury;accused appellant Mafizuddin alias Mohi dealt a blow with the blunt side of a spade on the left hand and other accused dealt him lathi, rod and roller blows. As Moniruddin intervened; he was also ......hab were members. The latter is an agnatic cousin of the deceased Firoze Shah Fakir. Fakir was also a 'Khadem' of the said Dargah. Admittedly there was a long standing enmity between Fakir and Sorhab over the Mazar and other properties and there were various cases between them. 3. Prosecution cas......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
Haruni Fisherman CoÂoperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
..... Inordinate delay in depositing the alleged leased money and absence of the appellants during hearing of the matter before the Minister in spite of clear knowledge of everything binds the appellants hand and foot by its own conduct disentitling them form any relief. No illegality has been committed......ys to avoid responsibility or for shifting it on to others, but the conduct of the appellant Society, however, negatives the appellant Society's claim of being unaware of the aforesaid orders of the Government. Inordinate delay in depositing the alleged leased money and absence of the appellants dur......i ever arises requirÂing any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Â Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ..Category: Property Law | Date: | Hits: 34
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... unÂder section 9 of the Specific Relief Act is executable. If it is found not executable in view of the appelÂlant's application for temporary injunction she is enÂtitled to succeed, on the other hand if contrary conÂclusions are reached as the Courts below Have done, the prayer for temporary i......ssession in plot Nos. 874 and 875 including the land purchased by the appellant from Jahanara Begum. They instiÂtuted Title Suit No. 141 of 1981 in the 1st Court of Subordinate Judge, Barisal for recovery of possession under section 9 of the Specific Relief Act on the alÂlegations that they have b...... the fruits of the decree obÂtained by him. For the reasons stated above, the appeal is disÂmissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ..Category: Tenancy Law | Date: | Hits: 114
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....and Anisur Rahman (P.W.1 and 4) and other relations. It is the prosecution case that Safil Uddin was murdered by Nazrul Islam and his relations due to dispute over property. The defence, on the other hand, is one of false implication because of the said enmity. Further defence suggestion was that th......er Sefat after Nazrul was born of another husband who had died. Deceased Safiluddin was Sefat's son by anÂother wife named Sadeka. Admittedly there was enÂmity between Nazrul Islam and the deceased over anÂcestral property for a long time. The other accused are relations and associates of Nazrul ......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
.... of U.P. AIR 1973, SC 1100; Mohanlal v.State of Rajstan, AIR 1974, SC 299; West Bengal v. Haridas Mandra, AIR 1976, SC 2225 and State of Karnataka vs. Memareddy, AIR 1981, SC 1417. 7. On the other hand, Kh. Mahbub Hossain has referred to a great number of cases in which different High Courts of I......he appearÂance of the accused before such Magistrate or if the alleged offence is non bail able may, if it thinks necessary so to do, send the accused in custody to such Magistrate, and may bind over any person to appear and give evidence before such Magistrate: Provided that where the C......ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ay. But the names of the accused subsequently mentioned during the investigation. The confessional statement of accused Daud lends support to the whole prosecution case, namely, as to the throwing of hand bomb to Momen by Mustafa and to the deceased Efaz by Ajit and in that confesÂsional statement ...... the throwing of hand bomb to Momen by Mustafa and to the deceased Efaz by Ajit and in that confesÂsional statement Daud detailed the circumstances how the hostility developed between the two groups over the lease of the Hat. The trial Court accepted the facts from the confessional statement in ord......al youth complex. The toll collection of a local hat (Barajhat) was givÂen to the youth complex and admittedly there was a running dispute between the toll collectors and the local Chairman over the management of the said hat. There were two contenders for the revenue earning of the hat and natural..Category: Criminal Law | Date: | Hits: 61
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....t to set aside the ex parte decree by altering its own finding that the summons was duly served. In support of his contention the learned Counsel has reÂlied upon a number of decisions. On the other hand, Mr. A J. Mohammad Ali, learned Advocate for the respondent has contended that the trial court ......se on oath that the summons was not served upon him. 3. The suit was filed in the 3rd Court of the Subordinate Judge, Dhaka by the appellant for declarÂation of title to 'A' schedule land and recovery of possession in 'B' schedule land, which is a part of schedule 'A', as shown in his plaint. C......trial Court are set aside and the application under OrÂder IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....A.W. Bhuiyan, Additional Attorney-General, inÂstructed by B. Hossain, Advocate-on-Record.-For the Appellant. T. H. Khan, Senior Advocate, (M. A. Whab Miah, Advocate with him) instructed by N. H. Khandkar, Advocate-on-Record - For respondent No. 1 Civil Appeal No. 124 of 1983. (From the Jud......ll the lands within the country is amenable under section 22 of the Act for the purpose of collection of rent……………………..(8 & 9) In view of the express provisions of section 22 even Government cannot, by an order or agreement, exempt any land from assessment or payment of rent. The ...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..Category: Property Law | Date: | Hits: 47
Moulana Mokhter AhÂmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....r protection and preservation of the bags containing the Election materials for protection from subsequent mischief as the auÂthorities were informed of the apprehension of the mischief before hand and to keep the gunny bags in the same condition as those were just afÂter the counting of b..............................Appellant Vs. Mohammadul Mokhter Usmani & others.........................Respondents Judgment March 17, 1987. Result: The appeal is dismissed. The Local Government (Union Parishad) Ordinance, 1983 (51 of 1983). Counting was done in presence of the part......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ..Category: Election Law | Date: | Hits: 106
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... Twelve witnesses were examined in support of the prosecution case. 4. On behalf of the defence it was suggested to the P.Ws. that Nanda Lal met his death at a different place and time and at the hands of others and the acÂcused were falsely implicated. It was further suggestÂed that Nanda Lai...... the evidence adduced in the case is accepted as true and correct, yet it will not justify the conviction of appellants 2-4 under section 302/34 Penal Code. He has argued that admittedly there was no overt act on their part and there is no reliable evidence to show that appellants 2-4 ordered appelÂ...... released forthwith if not wanted in any other connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ..Category: Criminal Law | Date: | Hits: 80
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ...... Case is also Reported in: 40 DLR (AD) (1988) 116. ......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....the subsequent conduct of the landlord and tenant. Paying and receiving rent in the aforesaid manner, in the present case according to him, showed the existence of such an oral contract. On the other hand, respondent's Counsel has made pointed submissions as to the true interpretation of the aforesa......of 1979 passed by a Single Judge of the High Court Division Comilla on 11.1.83. 2. Plaintiff- respondent instituted Other Suit No. 3 of 1974 in the 1st court of Subordinate Judge Chittagong for recovery of arrear rents as monthly tenants in respect of the suit premises. The case of the plaintiff-......rcome the mischief arising from their default For the reasons stated above, the appeal is disÂmissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ..Category: Tenancy Law | Date: | Hits: 112
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....yetullh,(1979) 31 DLR 183 AD Profulla Kumar Chakraborty V. Anil Proshad Chowdhury, (1981) 33 DLR 55 AD, Nursing Das Tulsira V. Rahimanbai, (1904) 28 DLR Bom 440, Jugal Kishore Narain Singh V. Charoo Chandra Sur, AIR 1939 PC 159, Abul Layes V. Mst. Anwara Khatun, (1977) 29 DLR 13 SC and M/S. A. Hoque......sain Mohammed Habibur Rahman and Mr. Justice Syed Mohammad Ali) on 18th July, 1984. 2. Respondent-plaintiff instituted O.S. No. 8 of 1975 in the First Court of Subordinate Judge, Chittagong for recovery of khas possession of the suit premises after rejecting the defendant- appellant and for compe......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ..Category: Tenancy Law | Date: | Hits: 109
....which were opened in presence of the bidders, at 12-15 P.M. The appellant's offer was found to be the highest and valid; but respondents Nos. 1 and 2, it is alleged, by this time entered into an underhand deal with respondent No. 4 whose offer was this time at Tk. 2,38,00,000.00 and in pursuance of ......n would prefer cash offer if it is the highest. Respondent No.1 enquired whether the appellant is interested in making cash offer also, and if so, he might submit fresh offer on cash basis in sealed cover to reach him by 12.00 hours of 18 December 1986. It was further stated in the letter that in ca...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
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Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
..... of Bangladesh 27 DLR 315, Md. Hemayetullah in 21 DLR (SC) 236 = PLD 1969 (SC) 407 and Shahbaz vs. the State 8 DLR (FC) 20. Lawyers Involved: S.S. Halder, Senior Advocate instructed by Ranesh Chandra Maitra, Advocate-on-Record- For the Appellant. A.W. Bhuiyan, Additional Attorney General,......ry J Shahabuddin Ahmed J M.H.Rahman J A.T.M. Afzal J Amirul Islam......................................Appellants Vs. The Secretary, Ministry of Land Administration & Land Reforms, Government of the People's Republic of Bangladesh & ors………………….Respondents. Judgment......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....gs that the respondent is a worker and that he is not an employee of the Corporation whose Service Rules are not applicable to his case, the suit is not maintainable. Cases Referred to- Jogesh Chandra Datta v. Government of Bangladesh. 30 DLR 219, New Dhaka Industries Ltd.Vs. Quamrul Huda and ......s Authorities and not by the Corporation. Again, Service Rules of the Corporation have excluded from their ambit all 'workers', obviously because when an employee is found to be a worker, he will be governed by the Labour law. Therefore, the finding of the High Court Division that the respondent was......ontended that he was not a worker. He further claimed that he was an employee of the Bangladesh Textile Mills Corporation since, the Dosta Textile Mills was a nationalised enterprise placed under the management and control of this Corporation and as such his service was governed by the Corporation's..Category: Labour and Industrial Law | Date: | Hits: 122
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