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Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
....mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ......mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ......sh Roy Chowdhury J Abul Kashem.....................Petitioner Vs. Mafiz Mia and others...........Opposite Parties. Judgment April 4, 1991. Lawyers Involved: Khandaker Mahabubuddin Ahmed with Md. Faruque and Mirza Hossain Haider, Advocates For the Petitioner. Abdul Baset Maj...... learned District Judge committed no illegality in holding that the petitioner resorted to unfair and corrupt practice in the election at Kadamtali Madrasha and Gangaprashad Primary School centres a question arises whether the final result of the election was affected by the malpractice of the peti..Category: Election Law | Date: | Hits: 139
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......sult, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519....... a prayer for sending the case back for further investigation in respect of the accused petitioner who was discharged by the Magistrate consequent on the final report submitted by the police. Now the question is whether the petition in nature of Naraji against the submission of final report and for ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ...... the decree falls within any of the exceptions specified in clauses (a) to (f) of section 13. Explanation 1.- "superior Courts”' with reference to the United Kingdom, meant the High Court in England, the Court of Session in Scotland, the High Court in Northern Ireland, the Court of Chancery of......te Division Judgement, here. Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: KM Subban J ATM Afzal J Bangladesh………….Appellant Vs. Unimarine SA Panama and other………Respondents Judgment June 16, 1977. Case Referred to- ......d Subordinate Judge in course of his judgment has found a prima facie case in favour of the plaintiff in the following terms: "Considering this report of examination of the samples of the wheat in question it can be held that the plaintiff has a prima facie case in the suit." The learned Subor..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512.......being fired by revolver other than Ext. A cannot be ruled out. PW 7 in his chief stated that bullet market as Ext. A/I was fired by him by this revolver material Ext. VIII (Ext. A) and found that the lands and groves Lilly with fired bullet and observing the similarities of the lands and groves he o......ia alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512.......nable him to make confession of his own volition freely and voluntarily. Magistrate's satisfaction as to the voluntary nature of the confession must flow out of the answer given by the accused to the question asked by the Magistrate. Statement of satisfaction endorsed by the Magistrate does not show..Category: Criminal Law | Date: | Hits: 93
Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
....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. ...... an error of law in its decision in dismissing the pre‑emption case holding that the case is not maintainable under section 96 of the State Acquisition and Tenancy Act, 1950 on the finding that the land under pre‑emption is not an agricultural land. 3. The petitioner instituted Miscellaneous .....................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 Hasinal Ara Begum and another, 21 DLR 633; Akbar Ali and others Vs. Zahiruddin Kari and others, 30 DLR ......e‑emption is not an agricultural land. 3. The petitioner instituted 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..Category: Property Law | Date: | Hits: 95
Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)
....he Writ Jurisdiction, with the impugned punishment given by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507.......he Writ Jurisdiction, with the impugned punishment given by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507.......en by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507.......oresaid Chapter of the Statute, have taken the penal action, contained in Annexure‑D to the petitions, what has been impugned by the petitioners before us under the writ jurisdiction. 6. Now the question is whether in connection with the matters relating to academic attainment of the petitioner..Category: Others | Date: | Hits: 112
Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)
....s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ......ed an error in law in its decision in holding that the pre‑emption case is barred by limitation on an erroneous view of section 60 of the Registration Act inasmuch as the case for pre‑empting the land was filed on 12.2.85 while the document was registered on 17.11.84. Secondly, he argues that th......an, Advocates ‑For the Petitioner. SC Das, Advocate ‑ For the Opposite Party. Civil Revision No. 1 of 1987. Judgment AM Mahmudur Rahman J. - By this Rule pre‑emptor petitioner calls in question the judgment and order of affirmance dated 17.9.86 of the learned Subordinate Judge, Net...... Advocates ‑For the Petitioner. SC Das, Advocate ‑ For the Opposite Party. Civil Revision No. 1 of 1987. Judgment AM Mahmudur Rahman J. - By this Rule pre‑emptor petitioner calls in question the judgment and order of affirmance dated 17.9.86 of the learned Subordinate Judge, Netrak..Category: Property Law | Date: | Hits: 97
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....to detain the detenu to prevent him from indulging in prejudicial activities. At the hearing Mr. Julmat Ali Khan, the learned Advocate for the petitioner, first urged that there was no material in possession of the detaining authority to form the satisfaction requisite for ordering preventive det......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.......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....... Central Jail. On 13.2.90 he was served with the grounds of his detention which were the same as the grounds served upon him earlier. 3. Thereupon the petitioner presented this petition calling in question the detention contending that the detenu is being detained without any lawful authority and..Category: Constitutional Law | Date: | Hits: 287
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....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. The defendant‑petiti......necessary for disposal of this Rule 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........................................Petitioner Vs. Haji Mazahar Ahmed and others...............Opposite Parties. Judgment July 25, 1990. Cases Referred to- Keramat Ali Bepari Vs. Province of East Pakistan, 22 DLR 646; Syed Ahmed Vs. Keshab Chandra and another, 1988 AD 60. Lawyers......Advocates ‑For the Petitioner. Mustafa Niaz Muhammad ‑ For the Opposite Party. Civil Revision No. 214(c) of 1982. Judgment AM Mahmudur Rahman J. -In this Rule a short but an important question of law is mooted. The question is whether the Court below committed an error of law in the ..Category: Procedural Law | Date: | Hits: 83
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....5 1.34 acres of land in 1363 B.S. and 1364 B.S. vide Kabala Exts. 1(c)4(d) out of her kabala purchased lands covered by Exts. 1-1(b). Since her purchase of the lands, the plaintiff 66s been in ejmali possession of the suit‑land with the other co‑sharers in the suit property. The land sold to the......ed by the learned 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 wit......t down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492....... to the defendant Nos. 5‑6 by way of adverse possession, and as such the impugned judgment and decree of the lower Appellate Court cannot be sustained in law. In this connection he submits that the question of adverse possession was neither pleaded in the plaint nor any such claim has been proved ..Category: Property Law | Date: | Hits: 71
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ......procuring machinery and equipment would 'he secured by "Rupee debenture" repayable in 36 equal half-yearly instalments. Subsequently, in view of expenses involved the parties mutually agreed that the land, building and machineries of the mills would be mortgaged with the IDBP instead of rupee debent......dering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ......hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ..Category: Company Law | Date: | Hits: 213
Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)
....h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ......are that the Opposite Party Nos. 1 and 2 as plaintiffs instituted the aforesaid Title Suit No. 95 of 1982 in the 1st Court of the Subordinate Judge, Dhaka on 3rd March, 1982 for partition of the suit land impleading Moazzem Hossain Chowdhury as defendant No. 1. This Moazzem Hossain Chowdhury is the ......ision (Civil Revisional Jurisdiction) Present: Md. Mozammel Hoque J Habibur Rahman Khan J Gulshan Ara Begum alias Jhanara and others................Petitioners Vs. Moazzem Hossain Chowdhury and others ..................Opposite Parties. Judgment February 19, 1990. Cas......h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ..Category: Procedural Law | Date: | Hits: 68
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
.... wherein it is held: "Section 405 does not cover the case of a loan or of an advance of money when the borrower or depositee intends to use or utilise that money, for the time being, till he is in possession of it, although he may have to return an equivalent amount later on to the person making ......the complaint do not satisfy the ingredients under section 405 PPC simply because no property was entrusted to the respondent by the complainant so that which could be misappropriated. As regards the landed property situated in District Hazara in NWFP the Court at Karachi obviously has no jurisdicti......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. ......in the ambit of an offence under section 409 or 405 of the Penal Code there must be ingredients of entrustment of money or any property or in any manner having the dominion over the same and then the questions of misappropriation of such property or conversion to own use in violation of any directio..Category: Criminal Law | Date: | Hits: 104
Aminuzzaman (Md.) Vs. People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....rea, PS Danmondi, Dhaka, now being detained in Dhaka Central Jail at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 242. ......rea, PS Danmondi, Dhaka, now being detained in Dhaka Central Jail at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 242. ......ntral Jail at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 242. ......ah Patawary, Advocates ‑ For the Petitioner. Shamul Alam, Deputy Attorney‑General - For the Respondents. Writ Petition No. 196 of 1993. Judgment Md. Abdul Jalil J.- This rule calls in question the detention of detenu Mohammad Nuruzzaman alias Munna who is now being detained in custod..Category: Criminal Law | Date: | Hits: 85
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
.... Khulna Town on 28.2.83 should not be declared to have been made without lawful authority and to be of no legal effect and why the respondent No.1 shall not be directed to restore the petitioners the possession of the same. 2. The case of the petitioners is as follows: The petitioners along w......nur Reza Chowdhury J.- This Rule Nisi under Article 102 of the Constitution was issued calling upon the respondents to show cause as to why the forcible eviction of the petitioners from 0.29 acres of land recorded in SA Khatian Nos. 1913, 1992, 1924, 1952, 1991 and 1912 corresponding to new RS Kha......petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ......esponding changed new SA Khatian Nos. 1807, 1887, 1819, 1847, 1886 and 1806 and then marked as Annexures ‘E’ and ‘F’ series respectively. It is stated that although the petitioners’ land in question measuring 0.29 decimal of land were requisitioned and acquired for the purpose of their reh..Category: Property Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
.... 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. ...... 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. ......ut any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ......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 at the time..Category: Administrative Law | Date: | Hits: 160
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ......t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ...... any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ......also expressed similar view in the case of James Finlay. There is no dispute about the proposition of law as laid down in those cases as the same were filed in the Labour Court by the worker. But the question herein before us is whether there is a legally constituted case before the Labour Court by ..Category: Labour and Industrial Law | Date: | Hits: 129
Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
....that appellant Bangladesh may prefer a petition for special leave to appeal to the Appellate Division. 15. It may be noted that the land in question was requisitioned in LA Case No. 41/64‑65 and possession was taken over on 1.10.68. There is no dispute that the land had been fully utilized by A......ferred To- Ishaque Vs. Bangladesh, 43 DLR (AD) 28; Abdul Gafur Khan and another Vs. Government of Bangladesh & ors., 42 DLR (AD) 99; Pearlman Vs. Keepers and Governors of Harrow School, All England Law Report Vol.1 1979 page 365; Anisminic Vs. Foreign Compensation etc., All England Law Repo...... High Court Division (Civil Miscellaneous 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...... the award and accordingly the award was corrected on 10.3.90 and thereafter the copy of the same was received by the concerned Deputy Commissioner and the appeal was filed on 26.5.90 and as such the question of the appeal being barred by limitation did not at all arise. 6. There is no dispute t..Category: Property Law | Date: | Hits: 76
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
....er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ......Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ......the law does not say that he would be disqualified from submitting his nomination paper if he is a defaulter but only disqualified from being elected which refers to the election date. Therefore, the question could be examined and should be examined not on the filing date of the nomination paper but..Category: Election Law | Date: | Hits: 126
Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)
....en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ......Municipal Corporation resists this Rule by filing an Affidavit‑in-opposition. 3. The short facts relevant for disposal of this Rule are: the petitioner along with others inherited 0.145 acres of land appertaining to plot No.196 (Part) 212 (Part) of CS Khatian No.361 of Mouza natun Paltan includ......gal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ...... Rahim was not waqf property. There being no appeal to the Appellate Division from the judgment of the High Court the 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 ded..Category: Trust/Waqf Law | Date: | Hits: 183
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