Judgment search - Chancery Law Chronicles

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Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)

....key in order to maintain peace. The report was accepted by the learned Upazila Magistrate and he passed the order to that effect. Thereafter, the complainant applied to the Magistrate for custody and possession of the godown. Upon such application the learned Magistrate directed the Investigating Of......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. ......t 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. ......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. ..

Category: Criminal Law | Date: | Hits: 64

Siddique (Md) Vs. State, 1992, 31 CLC (HCD)

....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. ......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. ......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. ......ufficient, just and reasonable cause in not filing the appeal in time. But what will be the starting point of limitation in a case where the petitioner has been convicted under the special law is the question posed before us. Mr. Marfat Ali submits that the period of limitation will run from the dat..

Category: Criminal Law | Date: | Hits: 68

Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)

....o the respondent No.6 to drop the acquisition proceeding as per revised drawing. The respondent No.6 without disposing of the objection of the petitioner and payment of compensation to the petitioner possession of the land cannot be taken over. 6. These Rules are being contested by the respondent......1 of 1992, 1059 of 1992 and 1060 of 1992. Judgment Kazi Ebadul Hoque J.- In those Rules Deputy Commissioner, Dhaka and others have been asked to show cause as to why acquisition of petitioner's lands in question should not be declared to have been made without lawful authority and of no legal ......es 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. ......, 1059 of 1992 and 1060 of 1992. Judgment Kazi Ebadul Hoque J.- In those Rules Deputy Commissioner, Dhaka and others have been asked to show cause as to why acquisition of petitioner's lands in question should not be declared to have been made without lawful authority and of no legal effect. T..

Category: Property Law | Date: | Hits: 79

Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)

....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. ......her is unquestionably the guardian of the minor girl according to the Majority Act as well as under the provision of law as defined under section 361 of the Penal Code. This is the settled law of the land. But there is a great controversy over the question up to what age a girl is to be considered m......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. ......r having not been passed by the learned Sessions Judge in exercise of his power vested under section 439A, the present application does not fall in the category of second revision and, therefore, the question of maintainability is answered in favour of the petitioner. 10. In support of the claim ..

Category: Criminal Law | Date: | Hits: 80

Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)

....lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......ind no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......y affidavit in opposition but the affidavit in reply, was filed by respondent No.1 through the office of Attorney General representing the government. 8. In the instant case somewhat complicated question of law affecting Public interest is involved but none of the Senior officer of the office o..

Category: Labour and Industrial Law | Date: | Hits: 204

Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)

.... answer the questions referred to us in the negative and against the Revenue. Parties are to bear their respective costs although. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ......1992. Cases Referred to- Imperial Tobacco Company of India Ltd. Vs. CIT, PLD 1958 (SC) 125; CIT Vs. Express Newspapers Ltd., 40 ITR 38; RKB Motors and Timber (P) Ltd. Vs. CIT, (1968) ITR 794; Inland Revenue Vs. Sanderson, 8 TC 38; CIT Vs. M/s. Pakistan Match Co. Ltd. (1978) VI BTD 130. Lawy...... Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ......M Mahmudur Rahman J.- This reference application under section 66(1) of the Income Tax Act, 1922 is at the instance of the Assessee-applicant. The applicant by this application refers the following questions for our answer: "(i) Whether in the facts and circumstances of the case the Tribunal wa..

Category: Fiscal/Taxation Law | Date: | Hits: 109

Amanullah Zahangir Vs. State, 2009, 38 CLC (AD)

....r such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ......r such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ...... in the submissions made on behalf of the petitioner, as such, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ......f its drawer of the cheque if issued the same with the knowledge that the same would be bounced or insufficient of fund. This may be an offence punishable under Section 420 of the Penal Code, but the question of double jeopardy does not arise at this stage of the proceedings. On these findings, the ..

Category: Criminal Law | Date: | Hits: 50

Bangladesh Anjuman‑e-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)

.... forfeiting the book. For the reasons stated above this Rule fails and it is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ...... forfeiting the book. For the reasons stated above this Rule fails and it is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ......his Rule fails and it is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ...... under law. It has also been submitted by the respondent that no order passed or action taken under section 99A of the Code of Criminal Procedure forfeiting any book or publication could be called in question in any Court other than under the provision of section 99B of the Cr.P.C. In the affidavit�..

Category: Constitutional Law | Date: | Hits: 204

Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)

....ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474....... discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......the plaintiff was given all possible chances of being heard. Relying on the decision of Manager Personnel Division Vs. Md. Shajahan reported in 35 DLR 224, the learned Subordinate Judge held that the question of violating the principle of natural justice does not arise when the person concerned has ..

Category: Employment/Service Law | Date: | Hits: 108

Hossainia Ashraful Ulum Madrassah Vs. Munsur Ahmed (Md.) and others, 1990, 19 CLC (HCD)

....t within a month before the suit is set forth for hearing. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 473. ......t within a month before the suit is set forth for hearing. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 473. ...... no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 473. ......ng itself that a decree or order made in any case decided by a Court of Small Causes was according to law, may call for the case and pass such order with respect thereto as it thinks fit." Now the question that falls for decision is whether an order of dismissal of a suit for default is covered b..

Category: Procedural Law | Date: | Hits: 104

Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)

.... the money in any manner it likes as the ownership in such deposit vests with the bank and there is no question of exercising lien on the money over which the bank has absolute right of ownership and possession. Thus we are of the view that the defendant No. 1 bank could retain the imported goods an......from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ...... the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ......ify the genuineness of the licences the Amir Market Branch of defendant No. 1 made correspondence with Agrani Bank Posta branch Dhaka as to whether the said branch actually sent the XPL No. 145043 in question issued in favour of M/s. Masud Traders, Rajyer Bazar Dhaka and was subsequently transferred..

Category: Civil Law | Date: | Hits: 83

Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)

....s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460.......s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460.......the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460.......sion which decided the appeal and not the executing Court to find whether the said appeal abated or not and the executing Court could at best refer the matter to the High Court Division to decide the question. In support of his contention the learned Advocate relied on the decision in the case of Ha..

Category: Civil Law | Date: | Hits: 103

Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)

....r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......inal act or criminal offence committed or criminal liability incurred separately from the detention order. 27. The learned Attorney‑General has referred to a decision reported in 1947 (1) All England Law Report in the case of Wicks Vs. DPP at page 265. We have examined that decision also and we......able materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......ow to find out whether Anwar Hossain Monju had submitted an explanation as a defence, in the proceeding as provided under section 7(b) of the Special Powers Act because here we are concerned with the question of the legal existence of the proceedings and not with its merits and the learned Advocate ..

Category: Criminal Law | Date: | Hits: 98

Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)

....inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ......inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ......cused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ......uicide to one of murder. 5. There is no dispute over the death of Sawpna. Admittedly Sawpna met her tragic end in the house of her husband at 10 Rajani Chowdhury Road, Dhaka on 17.4.80. The moot question is whether Sawpna was murdered and if it is at all a case of murder then the question will ..

Category: Criminal Law | Date: | Hits: 116

Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)

....o died during the pendency of the suit filed Title Suit No. 347 of 1977 in the First Court of the Subordinate Judge, Dhaka on 14.9.1977 against defendants for declaration of tide and recovery of khas possession in the suit property measuring 1.50 acres of land with buildings and structures thereon a......No. 347 of 1977 in the First Court of the Subordinate Judge, Dhaka on 14.9.1977 against defendants for declaration of tide and recovery of khas possession in the suit property measuring 1.50 acres of land with buildings and structures thereon appertaining to plot Nos. 151 and 157 of Tejgaon Industri......gati Industries Ltd...........................Appellant Vs. Shahida Khatun and others……...............Respondents. Judgment January 16, 1991. Cases Referred to- Abdul Gani Vs. Dina Bandhu, 14 DLR 663; Mst. Ghulam Sakhina Vs. Omar Bakh and another, 16 DLR SC 389 41. Lawyers ...... as the BSRS, that the defendant No. 1 after taking over and merger of the said purchaser company and payment of all the dues under the decree became exclusive owner of the properties and business in question and neither the plaintiff nor M/s. Dacca Wood Works Ltd has any interest or possession in t..

Category: Property Law | Date: | Hits: 69

Bangladesh Shangbadpatra Parishad Vs. The Government of the People's Republic of Bangladesh, 1991, 20 CLC (HCD)

.... Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused. Ed. This Case is also Reported in: 43 DLR (1991) 424. ...... Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused. Ed. This Case is also Reported in: 43 DLR (1991) 424. ......(2)(a) of the Constitution, is refused. Ed. This Case is also Reported in: 43 DLR (1991) 424. ......ategories of the newspapers in the 0ountry. He further submitted that the decisions of the first, second and third Wage Boards were complied with by the employers and so those cannot be allowed to be questioned now. he also submitted that the gratuity is a part of the wages as will appear from the d..

Category: Constitutional Law | Date: | Hits: 246

Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)

....andard lease agreement for land" executed on the 21st March, 1968 which was registered on 17th April, 1968 between the defendant No. 1 as lessor and the plaintiff as lessee accompanied by delivery of possession of the suit land on the terms and conditions and warranties embodied in the deed. Accordi...... The appellant Motiul Haque as plaintiff filed a suit for declaration with a prayer for a decree that the plaintiff has right, title and interest in the suit property measuring 10 kathas 1 chhatak of land situated in the Gulshan Model Town being plot No. 22 of Block CWs(B). The facts of the case, in......��…………………………………….Appellant Vs. Dhaka Improvement Trust (RAJUK) & another.........Respondents. Judgment March 14, 1990. Cases Referred to- Messers Chaina Fibre Company, Ltd. and 4 others Vs. Abdul Jabbar and 9 others, 20 DLR (SC) 335; Alauddin Vs. Md......iff and the defendant on 21.3.68 consequent on which delivery of possession of the suit property was given to the plaintiff on payment of the entire amount of the premium. The plaintiff has called in question the order of forfeiture of the suit land by the defendant for not completing the constructi..

Category: Property Law | Date: | Hits: 87

Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)

....nt constituted under Section 7 of the Ordinance No.LIV of 1985. 4. Leave was granted to consider the submissions of the learned Counsel appearing for the appellant that "no proof of Government's possession in the concerned property after the effective date 28.02.1972 having been brought on reco......the judgment and order dated 20.04.2002 passed by the High Court Division in Writ Petition No.16 of 2000 discharging the Rule relating to the Building and Premises situated within 922 Ajutangsha of land of Dhaka City Corporation, bearing Holding No. 94, Nawabpur Road under Police Station Sutrapur,......sed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233.......urchased the disputed land and building bearing holding No.94 of Nawabpur Road, under Sutrapur Police Station, Dhaka from one Abdus Sattar and Khorshed Anwar, the admitted owners of the property in question at a consideration of TK. 5.00,000.00 on 18.02.1999 (Annexure-C to the writ petition) in ..

Category: Property Law | Date: | Hits: 65

Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)

....rrears of rent a Certificate Case No.619 of 1964-65 was started and the land was purchased by Asgor Ali Morol, Abu Bakkar Morol, Zahurul Haque Morol, Abdul Alek Morol, Jabbar Sarder on 26.06.1965 and possession was delivered on 09.03.1966. 3. In the writ of possession due to the clerical mist......Khulna and was registered and numbered as Title Suit No.173 of 1994. The suit was for a decree of partition against these petitioners and others on the allegation contending, inter-alia, that the land of C.S. Khatian No.158 under mouza Madinabad belonged to Sunu Morol and thereafter the said lan......n which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ..

Category: Property Law | Date: | Hits: 69

M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)

....stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193.......stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193.......s dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193.......rd of FJSC, these being serious allegations of fraud committed on members for the purpose of section 193 of Companies Act, 1994, the Registrar did not commit any illegality in issuing the notice in question." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the pap..

Category: Company Law | Date: | Hits: 175

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