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AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....his order of the learned Commissioner has been challenged by the workman. 6. Mr. Aziz, the learned Advocate for the appellant, has contended that the learned Commissioner has erred in law in holding that as the appellant can still stand a while and also can walk a short distance, so the pe......his knee-joint nor could be run. He further contended that he could not stand on his left leg for a long time and thus became unfit for physical work. He further contended that due to the accident, over and above sustaining disability in his left leg, he partially lost his eye sight and hearing ..Category: Labour and Industrial Law | Date: | Hits: 118
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....ssed in the said proceedings is barred under the provision of Article 47 of the Limitation Act. The learned Advocate strenuously contends further that the learned Subordinate Judge was in error in holding that the suit at the instance of the plaintiff 1 who was party to the proceedings under sec......p; Nurul Islam J.- The appeal is at the instance of the defendant Nos. 1, 2 and 5 and arises out of Title Suit No. 67 of 1958 filed by the plaintiffs in the Court of Munsif at Sandwip for recovery of khas possession of the suit premises on establishment of their title in the same and also ..Category: Property Law | Date: | Hits: 69
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....it. Against that decision this second appeal has been filed by the plaintiff. 4. Mr. Rouf, appearing for the plaintiff-appellants, has urged that the learned Subordinate Judge was totally wrong in holding that the award, Ext 6 obtained by the plaintiff in the DS Board proceeding is binding on him......presented—the Respondents. Appeal from Appellate Decree No. 906 of 1960. Judgment K Hossain J.- This appeal is by the plaintiff who instituted a suit for declaration of title and for recovery of khash possession. The case of the plaintiff is that his mother Kula Kamini who has been mad..Category: Property Law | Date: | Hits: 82
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... rent receiving interest by the Government the plaintiffs suit is not maintainable in accordance with law. 4. On the above pleadings the suit was tried and disposed of by the learned Munsif holding, inter alia, that the plaintiff acquired interest by purchase in the revenue sale and the d......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..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....he murder took place. Mr. Mallick contends that this witness is proved to say things according as he is tutored and, therefore, be is not a dependable witness and he should not be relied upon for upholding the conviction and the sentence of death. We have carefully examined this criticism in its......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..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....ourts below that even if the lease is held to be for non-agricultural purposes still the unilateral patta would .be effective for one year and the plaintiffs would be entitled to retain possession by holding over. The courts below further found that as the plaintiffs had possession in the suit prope......The plaintiffs however, further contended that they continued to be in possession of the suit property from the time of their lease from the Mutawalli of the Wakf Estate. In April 1962, however, the Government declined to accept rent from the plaintiffs and on enquiry, they came to know about the au..Category: Civil Law | Date: | Hits: 137
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....st. His main submission is that section 25(3) has taken away the right of a corporate entity to be represented by its own directors. A corporate body like a banking company which has a major share holding interest in respondent No. 6 company cannot but be represented by nominees. A corporate bod......nancial institution if he is already a director of a bank or insurance company or any other financial institution. Section 48 of the said Act provides that Bangladesh Bank in consultation with the Government of Bangladesh by a notification in the official gazette may declare that any or all provi..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
.... freedom of association has been restricted by section 25(3)……..(20) iii) Section 25(3) does not on terms make any distinction between directors who represent their own share- holding individually and nominee-directors who represent their companies’ share holdings. It ......mental right to continue with petitioner Nos. 2-5 as its directors. Besides the petitioner-company was formed in 1995 after the Arthik Prothisthan Ain, 1993 was enacted on 30-9-93. It was already governed by the restrictions imposed by section 25(3) of the said Act. The petitioner company was fo..Category: Business or Commercial Law | Date: | Hits: 96
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
....epresented by its Secretary and another…….. Respondents Judgment June 1, 1998. The Specific Relief Act, 1879 (I of 1879), Section 42 The High Court Division was well-founded in law in holding that under the circumstances the plaintiffs have established a case of possession but not of......s heirs who are in possession of the suit land as before. The defendants have no right, title and interest in the suit land. Defendant No.1 served notice upon the plaintiffs’ tenants claiming title over the suit land and on receipt of this notice; the plaintiffs’ tenants stopped payment of rent ..Category: Tenancy Law | Date: | Hits: 82
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....on has failed to construe properly the application for setting aside the abatement which substantially met the requirements of Order 22, rule 9(2)(3) of the Code of Civil Procedure and was wrong in holding that but for a se application for condonation of delay the prayer for setting aside abateme......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..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....such, her present custody could not be held to be improper or illegal. The High Court Division by the same judgment dismissed the appeal, Criminal Appeal No. 1013 of 1998, of the victim girl for bail holding that the appeal was not maintainable. 11. The appellant being aggrieved by the order pas......, respectively. Whereas in the case of the appellant it was found by the learned Judges that the present custody of the victim girl could not be said to be unlawful but the same Bench sat on judgment over the same matter having full notice of its own finding, and, what is worse, suo motu found that ..Category: Criminal Law | Date: | Hits: 71
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....Class (respondents No. 6 and 7 in the writ petitions) in forcibly entering their premises being part of CS plot Nos. 199,200,201 and 202 of Mouza Sukrabad and comprising Dhaka Municipal Corporation holding Nos. 7/1 and 4/2 Sobhanbag, commonly known as Tallabag, on 11-1-89 and demolishing the sem......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..Category: Property Law | Date: | Hits: 64
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....gst other grounds on the ground of malafide. The civil Court declined jurisdictions in view of the ouster clause. The High Court on appeal set aside the order and remanded the case to the trial Court holding that the Court had jurisdiction to try the suit. The High Court’s order was approved by th...... 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..Category: Property Law | Date: | Hits: 77
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
.... 7, 1998. The Penal Code, 1860 (XLV of 1860), Section 471 The Prevention of Corruption Act, 1947 (II of 1947), Section 5(11) (i) Learned Judge of the High Court Division is palpably wrong in holding that when an accused is convicted and sentenced under section 466 he cannot again be convict......s issued by the Court in that case Khijiruddin was arrested on 8-11-87. After his arrest his wife Nurun Nahar Begum came to the Court of the Magistrate and talked to the accused-petitioner and handed over Taka 3,093.00 to him for depositing the money in the certificate case. The accused-petitioner a..Category: Anti-Corruption Laws | Date: | Hits: 73
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
.... the Bengal Ferries Act 1885 which only provides for giving ijara of ferries and the expression ‘Ferry’ being not inclusive of nowka ghat the High Court Division fell in error of law in holding that ferry ghat includes nowka ghat and erred in law in rejecting the writ petition in lim......sp; Nasiruddin (Md)…….………………………………Petitioner Vs. Secretary, Ministry of Local Government & Rural Development and others ……….Respondents Judgment F..Category: Constitutional Law | Date: | Hits: 126
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....eady noticed the Rule was discharged by the impugned judgment and order. 8. Mr. Shafique Ahmed, learned Advocate for the petitioner, has submitted that the High Court Division was wrong in holding that there was no violation of any fundamental right of the petitioner. The High Court Divi......ion of any fundamental right as alleged. 5. The High Court Division upon a consideration of the relevant provision of law and facts of the case observed as follows: Thus from overall consideration of the mark sheet we find that petitioner failed to obtain 18 qualifying mar..Category: Employment/Service Law | Date: | Hits: 63
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
....Rule Nisi was issued calling upon the respondents to show cause under what authority respondent No.1 of the writ petition Md. Shahiduddin Ahmed, then Chief Metropolitan Magistrate, Dhaka, had been holding the said office and had been exercising judicial functions in terms of Notification No. Sha......Supreme Court Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ……&he..Category: Employment/Service Law | Date: | Hits: 72
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....raborty moved the High Court Division in revision, Civil Revision No. 7343 of 1991. A learned Single Judge of the High Court Division, by judgment and order dated 28 July 1993, discharged the Rule holding that in the instant case Hem Chandra Chakraborty is shown to be litigating as the Shebait i......as Sree Sree Dhakeswari Mata, had been installed from the days of antiquity. It lies within the city of Dhaka. The votaries of the deity are the members of the Hindu community at large spread all over the country. 3. The said deity sued forma pauperis through her managing shebait and a ..Category: Family Law | Date: | Hits: 156
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
.... 6. The learned Counsel for the petitioner argues that a suit for partition of a portion of a joint estate is maintainable. The High Court Division has, therefore, committed an error of law in holding that the instant suit without bringing the entire property of Gunu Mia into hotchpotch is n......bsp; Bimalendu Bikash Roy Choudhury J.- The suit out of which this petition has arisen was brought by the petitioner and respondent Nos. 2-7 against respondent No. 1 for redemption, recovery of Khas possession and also partition of the suit plot No. 4427 appertaining to RS Khatian N..Category: Property Law | Date: | Hits: 65
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....itioner cannot make any lawful grievance. 6. Mr. Abdur Razzaq, learned Advocate appearing for the writ petitioner submits that the learned Judges of the High Court Division erred in law in holding that the second proviso to section 4 of the Muslim Marriages and Divorces (Registration) A......slim Marriages and Divorce (Registration) Rules, 1975, Rule 10 The Muslim Marriages and Divorces (Registration) Act, 1974, Section 4 Proviso i) Section 4 of the Act has given power to the Government to alter, extend, curtail or otherwise alter the limits of any area for which a Nikah Reg..Category: Employment/Service Law | Date: | Hits: 69
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