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Golam Kader Vs. State, 1972, 1 CLC (HCD)
....forcibly took away his wife Sharifunnessa aged 24 years and carried her to the house of the appellant and confined her inside a room and the other accused stood as a guard with a gun and shorki in hand at the verandah. At the time of taking Sharifunnessa away, Abdul Kasem (PW 6) the younger brot......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ..Category: Criminal Law | Date: | Hits: 59
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....asak and others........Respondents Judgment July 23rd, 1970. Cases Referred to- Joy Kumar Dutta and others vs Sitamath Dutta, 4 DLR 400; Sudhir Chandra Singha Sarma and others vs Debesh Kumar Singh Sarma 13 DLR 232; Md Abdur Rahman Bhuiyan vs ......and others vs Debesh Kumar Singh Sarma 13 DLR 232; Md Abdur Rahman Bhuiyan vs Prafulla Chandra Majumdar 13 DLR 865; Maheschandra Das Choudhury vs Mukunda Chandra Das 14 DLR 347; Perumel vs Central Government of Pakistan 15 DLR (SC) 58; 18 CWN 428 (PC) and 29 CWN 1037 (PC); Must. Bhagwanu Kunwar a......he benefit of all the family members. There is not a scrap of paper such as dakhila showing payment of rent in the name of ejmali family or any other document to show that really Raj Kumar was in management of the family as karta after the death of his father". Curiously ..Category: Property Law | Date: | Hits: 62
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... in 55 CWN (3 DLR) 155; Kalikesh Biswas and others vs Gheasuddin Ahmad and others 75 DLR Dacca 330; Kiron Chunder Roy vs Naimuddin Talukdar ILR 30 Cat. 498; Jogendra Narain Roy Chowdhury vs Kiran Chandra Roy reported in ILR 46 Cal 730; Najemodeen Moonshi vs Syed Hasan Hyder Chowdhury (1905) 9 CW......led and it was bad for defect of parties. They further contended that the disputed jote No. 138 comprising the suit lands were not cultivable; and one Abdul Kader, after taking settlement from the Government, leased out the said land to their predecessor Nuruddin and to the predecessor of their t...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....p; Vs Abdur Rashid………….. Respondents Judgment July 8th, 1970. Cases Referred to- State Vs Purna Chandra Mondal 22 DLR 289; Abdul Gani and another vs State, reported in 16 DLR; Khadim vs. The Crown......wshed. He saw Dao blows on the neck of the deceased Maleka. PW 2 Siraj Miah, his sister PW 4 Fazila Khatun, Yasin Sheik (DW 1) the father of the prisoner, Meher Ali and others were found lamenting over the death of Maleka. They narrated the occurrence to the complainant to the effect that prison......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....f Taka 500.00 and (iii) that abatement in respect of plaintiff Nos. 9 and 19 could, if at all, have the effect of partial abatement of the suit. The learned Counsel for the respondent, on the other hand, contends that the application for setting aside abatement was barred by limitation, as the p......oned and the substitution is made the worst that can happen is that a case is decided on merit after hearing the parties. Therefore, the principle that substantial justice shall take preponderance over technical consideration should always be kept in view in deciding whether or not there is suff......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ..Category: Property Law | Date: | Hits: 72
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....vour of the writ-petitioners, all enquiry was forestalled and practically nothing was left to be decided by the Civil Court as to the title and possession of the disputed property. 14. Mr. Khandker Mahbubuddin Ahmed, learned Advocate entering caveat for respondent No.1 in all the petition......of 2.28 acres, 1.58 acres were acquired in LA Case No. 6 of 1948-49. The petitioners are purchasers from the original owners of the land which was outside the acquisition. There were various cases over the acquisition of land in that area and the writ- petitioners always represented to the Gover...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ..Category: Property Law | Date: | Hits: 64
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....tempts to examine the Presiding Officers, Returning Officer and the Treasury Officer as witness to prove post-election tampering of summons against them for appearing as witnesses. On the other hand, the Tribunal took the view that it is itself sufficient to ascertain if the election materia......bdul Mutalib…………………… Appellant Vs. Md Mostakim Ali and others….. Respondents Judgment May 30, 1996. The Local Government (UP) Ordinance, 1983 (LI of 1983), Section 29(4) The Code of Civil Procedure, 190......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... the civil Court can entertain the suits despite the bar imposed by the provisions of clause (5) of Article 34 of the said Order. Mr. Huq offered his views in the negative. Dr. M. Zahir, on the other hand, canvassed the contrary views. I lend my support to the views of Dr. Zahir for the reasons belo...... The Bangladesh Shilpa Rin Sangstha Order, 1972 (President’s Order No. 128 of 1972), Articles 34 & 35 The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11 Article 34(5) has an overriding effect over Order VII, rule 11 Code of Civil Procedure. The provisions of Article 34(5) w......reby the learned Subordinate Judge refused to reject the plaint at the instance of the defendant BSRS.” 7. Leave was granted to consider the submission of the appellant that when taking over of management and sale of the property without intervention of the Court of law has been challenged in ..Category: Property Law | Date: | Hits: 77
Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)
....efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ......efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ......ustrial Relations Ordinance 1969. 3. Respondent No. 1 in his written statement before the Labour Court stated that the post of gate keeper (lady) was abolished from the cinema hail as the management abolished the separate female class in the cinema hall. Hence the petitioner was retrenc..Category: Labour and Industrial Law | Date: | Hits: 94
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....n: 51 DLR (AD) (1999) 150. ......) making the Rule absolute. 2. The plaintiff-respondents instituted Other Suit No. 62 of 1975 in the Court of Munsif, Kurigram for ejectment of the defendant appellants from the suit premises, recovery of vacant possession and for recovery of arrear rent of Taka 900.00. The case of the responden......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ..Category: Tenancy Law | Date: | Hits: 62
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....led the Bichra. Accused Matbar Ali ordered to kill them. At this accused-respondent No. 1 Giasuddin and accused-respondent No. 4 Almas by their respective guns fired at (now deceased) Chan Miah @ Chandu who being injured fell down and died. Accused-respondent No. 2 Abdul Awal Bhuiyan by a gunsho......ouf J Bimalendu Bikash Roy Choudhury J State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ……………&hel......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ..Category: Criminal Law | Date: | Hits: 80
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....the principles of natural justice. 9. The order of the trial Judge was upheld by a Division Bench of High Court Division on the findings, inter alia, that BSRS is not conducting itself with clean hands; that the respondent has an arguable case and that justice will be met if the order of tempora......35 It is palpably clear that the learned trial Judge as well as the learned Judges of the High Court Division acted illegally and without jurisdiction in granting temporary injunction in a matter covered under Article 34 of the BSRS Order which is a special enactment and it will prevail over gene......bazar granting temporary injunction under Order 39 rules 1 and 2 read with section 151 of the Civil Procedure Code in favour of the plaintiff-respondent restraining the appellant from taking over the management and administration of the plaintiff- respondent company and selling it under Article 34 o..Category: Business or Commercial Law | Date: | Hits: 124
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ...... the maximum number of hours in a day or in a week that a worker shall be liable to work. If the establishment reaches a settlement with the workers in reducing the hours of work the worker’s overtime will begin from the hour when the settled hour is reached. The worker need not wait till h......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ..Category: Labour and Industrial Law | Date: | Hits: 134
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
.... on the way they were attacked by accused persons with iron rod, bamboo sticks, daggers, etc. when both of them fell down on the ground. The accused persons then cut the cords of two legs and left hand of the informant Mahbub Shukur by a dagger and uprooted the eyes of victim Belal Hossain and h......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..Category: Criminal Law | Date: | Hits: 63
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....wheat in bulk belonging to the Government of Bangladesh from Chittagong to Narayanganj on 25-1-85. Defendant No. 1-appellants Oil Tanker T-1059 (T-4-175) was coming from the opposite side towards Chandpur from Narayanganj. The plaintiffs alleged that at about 2-00/3-00 PM the appellants Oil Tank......a criminal court and it can award compensation. An order of the Marine Court to pay compensation shall have the effect of a Civil Court decree and sub-section (3) of section 52 speaks that it is recoverable as if it is a decree of a Civil Court. There is nothing in the Shipping Ordinance, 1976 s......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....le or holy truth………(9) v) The Court expected more circumspection, understandding, discretion and judgment on the part of the Prime Minister because of the high office she holds in making off-hand remarks in respect of constitutional functionaries which have been alleged to be contumacious ......onstitution or re-constitution of a Bench of the High Court Division. Nobody has a say in the matter nor it is done at anybody’s behest…….(11) ii) The Chief Justice has felt extremely uneasy over the remarks made in respect of him, for, he cannot give a public reply nor he is obliged to jus......ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ..Category: Others | Date: | Hits: 99
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
....guarantor for repayment of the loan. 3. As already noticed, the trial Court and the lower appellate Court convicted and sentenced the accused-petitioners as aforementioned. 4. Mr. Khandker Mahbub Hossain, learned Advocate appearing for the accused- petitioner Mawlana Abdul Hye in...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
.... 11) Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney- General, instructed by B Hossain, Advocate-on- Record. (In all the appeals) — For the Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate, Instructed by Md Sajjadul Huq, Advocate-on-Record. (In...... the Judgment and order dated 23 November 1992 of the High Court Division disposing of analogously four writ petitions, namely, Writ Petition No. 41, 59, 84 and 86 of 1989 whereby the order of the Government contained in Memo No. Bhu Ma. D.A/35/81/123 Acqn. dated 28 February 1988 (Annexure-D) wa......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ..Category: Property Law | Date: | Hits: 50
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
....1’ respectively in writ-petition, communicated to him under the signature of respondent No. 4, the Senior Marketing Officer of BFDC. By Annexure ‘F’ the petitioner was directed to hand over vacant possession of the aforesaid fish selling stalls on July 1st 1990, on the ground th......ur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Habibur Rahman (Md.).……… …... Petitioner vs. Government of Bangladesh and ors…………… Respondents Judgment ...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ..Category: Constitutional Law | Date: | Hits: 158
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....Ain of 1995 could not try an offence under the Penal Code and the order of conviction and sentence under section 304 of the Penal Code was, therefore, without jurisdiction. But the appellant had no hand in the matter of trial. If there was a trial in the wrong forum, the responsibility must lie ......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ..Category: Criminal Law | Date: | Hits: 83
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