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Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ......andatory provision of law. 15. The provisions of sections 176 and 177 of the Contract Act further provide that sale of pledged goods is a condition precedent before institution of the suit. Again, according to the said provisions, the defendants have a statutory right to redeem the pledged goods ......Court High Court Division (Civil) Present: Mahmudul Amin Chowdhury J Md. Abdul Aziz J Pubali Bank Ltd.…………………………Appellant Vs. Sultana Oil Mills and Soap Factory and others......................Respondents Judgment November 17, 1998. Result: ......(a), 4, 18, 22, and 45 of the Partnership Act, 1932 and argued that the defendant-respondent No.5 having admitted the liability of the loan is bound to repay the debt and the trial Court has erred in law in not decreeing the suit. The learned Counsel virtually relied on Exhibit 10(J), which is a rep..Category: Business or Commercial Law | Date: | Hits: 196
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......ey-General, on the other hand, has argued that though the informant tried to give a different version at the time of trial, the other witnesses supported the prosecution case and proved the same. So, according to him, the conviction given by the trial Court was legal and proper. 4. We have alread......ed (Md.) alias Khorshed…………………….Appellant Vs. State ………………………..Respondent Judgment May 17, 1999. Result: The appeal is dismissed. Cases Referred to- State Vs. Basirullah, 16 DLR 189; Dhani Bux Vs. State, 1964 PLD Karachi 264. Lawyers Invol......s regards the occurrence, he stated that the same took place at about 8-00/8-30 PM on 8-5-87 in front of Azimpur Girls High School. He further stated that on that night he went to visit his father-in-laws house at Azimpur with his wife. While returning home, someone gave knife blow to his wife and t..Category: Criminal Law | Date: | Hits: 54
....rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313....... and 19 acting under section 4 of the Muslim Marriages and Divorces Act, 1974 purely on temporary basis. In reply to the statement made in paragraph’s 8 to 11 of the writ petition it is stated that according to the amended Rule 10 of the Rules a Nikah Registrar may be licensed not more than 3 ward......
Secretary, Ministry of Law, Justice and Parliamentary Affairs and others ………………..Respondents
Judgment
January 13, 1999.
Result:
The Rule is discharged.
Cases Referred to-
Mvi Md. Khurshid Alam Vs. Secretary, Ministry, of Law and Justice and others, 50 DLR (AD) 82......ndents to show cause as to why the order dated 10-6-98 (Annexure-A) of the respondent No.3 and order dated 17-6-98 (Annexure-B) of the respondent No.2 should not be declared to have been made without lawful authority and is of no legal effect. And in Writ Petition No.1927 of 1998 a Rule Nisi was als..
Category: Civil Law | Date: | Hits: 83
Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)
.... Assistant Judge erred in law in passing the impugned order illegally and arbitrarily ignoring the provisions of Order 11 rule 21 of the Code of Civil Procedure and the same has occasioned failure of justice. 7. No one appears to oppose the Rule. 8. Mr. Akram Hossain Amin has placed before me ......ed in the same position as if he had not defended and the party seeking interrogatories or seeking discovery or inspection may apply to the Court for an order to that effect, and an order may be made accordingly.” 9. From a close scrutiny of Rule 21 of Order 11 of the Code of Civil Procedure it..............................Petitioners Vs. Jasimuddin Ahmed and others…………………Opposite Parties Judgment July 1, 1998. Result: The Rule is made absolute. Case Referred to- Arya Insurance Co Ltd. Vs. Lala Channoolal, AIR 1957 (All) 400. Lawyers Involved: Akram......rs moved this Court and obtained the present Rule. 6. Mr. Akram Hossain Amin, the learned Advocate appearing for the defendant-petitioners, submits that the learned Senior Assistant Judge erred in law in passing the impugned order illegally and arbitrarily ignoring the provisions of Order 11 rule..Category: Property Law | Date: | Hits: 108
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....ppellate Court has not considered the evidence of the witnesses excepting the evidence of D.W.2 but such non consideration in the facts and circumstances of the case has not occasioned any failure of justice. 11. The plaintiff as P.W.1 has deposed that Alek Jan sold her share to one Sultan Patwar......rds transfer by Alek Jan in their favour but they were not impleded as parties in the suit. It is the plaintiff himself who has admitted that share of Alak Jan was transferred to Sultan and Aftab and accordingly, for non pleading them in the suit, the plaintiffs have to face the consequences. Plaint...... of 1990 reversing the judgment and decree dated 31.10-1998 passed by learned Assistant Judge, Upazila Motlab, District Chandpur, decreeing Title Suit No.25 of 1987 against the contesting defendants Ito 4 and ex-parte against the rest. 2. The short fact relevant for the purpose of disposal of thi......present Rule. 6. Mr. Hasmat Ali, the learned Advocate appearing for the petitioners, submits that the appellate Court having found that the suit was bad for defect of parties committed an error of law is not sending the same on remand to the trial Court, to enable the plaintiffs to implead all th..Category: Property Law | Date: | Hits: 65
.... any of the eight witnesses examined by the contending parties and on misconstruction of CS Khatian Ext. 1 and 1(a) and the same has resulted in error in the impugned decisions occasioning failure of justice. The learned Advocate further submits that in the face of the consistent and overwhelming ev......t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300.......ate Division Judgment Here.
Supreme Court
High Court Division
(Civil)
Present:
Gour Gopal Saha J
Hindu Deity Lakshmi Gobinda Jew………………Petitioner
Vs.
Deputy Custodian, Enemy Property (now Vested Property), Government of Bangladesh and others...………..Oppos......s also alleged that the suit property was the secular property of one Suresh Chandra Roy who subsequently settled in India, following which the suit property has become enemy property by operation of law. It was also alleged that the suit p was made by the Government as an abandoned property under S..
Category: Property Law | Date: | Hits: 102
Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)
.... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299....... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299....... 420/406 of the Penal Code. One Md. Hasan lodged FIR with the Sutrapur Police Station against the petitioners on the accusations, inter alia, that the accused-petitioners in collusion with each other took loan of Taka 1,72,00,000.00 from him for the purpose to start a business of iron materials. He ......ision of this Act, It is the settled principle of interpretation of a statute that unless retrospectivity is expressly given to a provision of an Act it cannot be given by judicial pronouncement. The law or any provision of a law is prospective. Therefore, the contention of Mr. Sheikh Atiar Rahman o..Category: Criminal Law | Date: | Hits: 83
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....ies. The only and the limited question that this court is called upon to decide is whether the family court has committed any error of law resulting in an error in the decision occasioning failure of justice in not rejecting the plaint of Family Case No. 27 of 1996. 18. Here in this case we are d......ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......iz Ahmed as opposite party No.5 respectively, contending, inter alia, that alter a prolonged amorous relationship between Shajahan (opposite party No.1) and the petitioner Jahan the same culminated into its cherished goal i.e. marriage between them at a dower of Taka 1 lac through a kabinnama regist......tioners Jahan @ Munna her father Momtazuddin Ahmed Chowdhury (opposite party No.2), mother Monwara Begum (opposite party No.3), brother Mahatabuddin Chowdhury (opposite party No.4) and her brother-in-law (sister’s husband) Faiz Ahmed as opposite party No.5 respectively, contending, inter alia, tha..Category: Family Law | Date: | Hits: 166
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....dence will be sufficient to prove the marriage when the plaintiff failed to prove the kabinnama in accordance with law” or that “the law of restitution of conjugal rights is a violation of social justice as enunciated in the preamble of the Constitution and under Article 27 for the equal protect......renuously that since the very marriage had been denied by the defendant-petitioner the Family Court had no jurisdiction to decide the question of dower, maintenance or restitution of conjugal rights; according to him, if a marriage is disputed that point has to be first decided by a civil Court in a...... Mia (Md.)…………………..Petitioner Vs. Rupnahar…………………Opposite Party Judgment March 3, 1998. Result: The application is summarily rejected. Cases Referred to- Abdul Kadir Vs. Salima, (1886) 8 All 149; Khodeza Begum and others Vs. Md. Sadeq Sarker, 1998......ution of conjugal rights, realisation of dower and for maintenance. 2. The Family Court decreed the suit holding that the defendant-petitioner (husband) and the plaintiff-opposite party (wife) are lawfully weeded couple and directed the defendant to pay a sum of Taka 5,000.00 to the plaintiff as ..Category: Family Law | Date: | Hits: 166
Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)
.... learned District Judge erred in law in allowing Miscellaneous Case No.14 of 1995 under Order 9 rule XIII of the Code of Civil Procedure in a most casual manner and the same has occasioned failure of justice. 9. Mr. Nikhilesh Dutta, the learned Counsel appearing for the opposite parties, on the o......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......nd others………………… Petitioners Vs. Maliza Rani Saha and others.………………Opposite Parties Judgment May 19, 1998. Result: The Rule is discharged. Case Referred to- Mozaffer Ahmed and others Vs. Moulvi Saleh and others, 40 DLR 239 = 1988 BCR 125. Lawyers ......3. The defendant opposite parties contested the suit by filing written statement denying the material allegations of the plaint, contending, inter alia, that the suit as framed is not maintainable in law and it is barred by limitation. It was further alleged that the plaintiffs filed the suit with f..Category: Procedural Law | Date: | Hits: 58
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....trying to grow boro paddy in the suit land and under such circumstances the learned District Judge came to the finding that in such view of the matter, appointment of a receiver will meet the ends of justice in this case. 15. There is no bar in rule 1 of Order 40 CPC for appointment of a receiver......tate Acquisition and Tenancy Act vested in the Government and the record of rights was prepared in the name of the Government and that the plaintiffs' documents of purchase are collusive ones and not according to the provisions of law. 3. The suit was ultimately fixed for peremptory hearing on 28......hamsuddin Ahmed and others………………………Petitioners Vs. Government of Bangladesh and others………………………Opposite Parties Judgment May 20, 1993. Case Referred to- Bangladesh Vs. Israil and others, 1981 BLD (AD) 371 Lawyers Involved: AKM Faiz with Sha......t vested in the Government and the record of rights was prepared in the name of the Government and that the plaintiffs' documents of purchase are collusive ones and not according to the provisions of law. 3. The suit was ultimately fixed for peremptory hearing on 28.7.92 on which date both the pa..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......que J Bangladesh and another…………………………Appellants Vs. Banarashi Lal Sharaf and others……………………….Respondents Judgment May 12, 1993. Cases Referred to- Sardar Ali and others Vs. 1. The Collector of Customs Karachi 2. The Federation of Pakistan, ......m his godown at Kushtia Bazar as per detention memo Ext.1 on suspicion; that at the time of the seizure as well as before the Collector of Central Excise and Land Customs sufficient proof as to their lawful possession by the plaintiff was placed but they totally ignored them; that out of the 12 item..Category: Fiscal/Taxation Law | Date: | Hits: 125
Mojibar Vs. State, 1998, 17 CLC (HCD)
....er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ......l witness who filled up the First Information Report form. P.W.8 Golam Sarwar is the Investigating Officer of the case. In cross examination he said that there are 5(five) Mojibors in Ruptali village according to voter list and out of 5(Five) Mojibors one is a dacoit and no TIP of the accused was he......Md. Hassan Ameen J Mojibar…………………..Appellant Vs. State……………………Respondent Judgment July 6, 1998. Result: The appeal is allowed. Cases Referred to- Ustar All Vs. State, 3 BLC (AD) 53; Bhobani Safer Vs. Theking, 76 indian Appeals 147; Lutfunn......nfession on (Ext. 3) there is no corroborative evidence either direct or circumstantial evidence before us against the accused appellant. So we find that the learned Assistant Sessions Judge erred in law in admitting the confessional statement of a co-accused as substantive evidence against the accu..Category: Criminal Law | Date: | Hits: 78
Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)
....ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......thers…………………………….Petitioners Vs. State……………………………. Respondent Judgment July 14, 1998. Result: The Rule is discharged. Case Referred to- Md. Belayet Hossain Sharif Vs. State, 18 BLD 172. Lawyers Involved: Syed Ziaul Karim, A......table, influential or highly placed in the society by reason of his being rich or educated or politically connected or otherwise holding important post or office he cannot avoid the due course of the law to appear before the Courts below and use this court as a substitute of the Subordinate Courts..Category: Criminal Law | Date: | Hits: 84
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
....ly erred in law in passing the impugned order without applying his judicial mind into the facts and circumstances of the case and the law bearing on the subject and the same has occasioned failure of justice. The learned Advocate further submits that in view of the fact that the appellant petitioner......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......aha J.- This Rule is directed against the order dated 1-1-96 passed by the District Judge, Thakurgaon in Miscellaneous Case No.9 of 1995 under Order 47 rule 1 of the Code of Civil Procedure, refusing to review his order dated 25-11-95 passed in Title Appeal No.18 of 1995, arising out of the judgment......n contest holding, inter alia, that the suit is bad for defect of parties and that the suit property having not been properly and specifically described in the plaint, The suit is not maintainable in law. Being aggrieved, the plaintiff petitioners filed an appeal before the District Judge, Dinajpur ..Category: Procedural Law | Date: | Hits: 91
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....ion of an inexecutable decree, the learned Subordinate Judge erred in law in refusing relief to the petitioners under section 151 of the Code of Civil Procedure and the same has occasioned failure of justice. The learned Advocate further submits that the learned Subordinate Judge also erred in law i......provision of Order 21 rule 35 of the Code of Civil Procedure. 10. Order 26 rule 13 of the Code of Civil Procedure authorises the Court to issue commission to make partition of undivided properties according to the rights declared by the Court in favour of the contending parties. Rule 14 Order 26 ......(Md.) and another……………Petitioners Vs. Jinnatul Ferdous and others.………….Opposite Parties Judgment May 4, 1999. Result: The Rule is made absolute. Cases Referred to- Abdul Hamid Vs. Abdul Jabbar, 34 DLR (AD) 208; Devaki Amma Mookambi Amma Vs. Meenakshy Amma, ......puted property without any reference to possession therein, the award decree are essentially a preliminary decree and it could not be executed without making the decree a final one in accordance with law and consequently all actions taken by the learned Advocate Commissioner in pursuance of the orde..Category: Civil Law | Date: | Hits: 66
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
....d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......eantime the dacoits fled away therefrom with booty and at the time of retreating they opened fire. The dacoits looted away ornaments, cash money and other valuables worth Taka two lakh. The informant accordingly lodged the First Information Report with the local police station. 3. Police took up ......fiqul Islam @ Rafiq and others…………………Petitioners Vs. State……………….Respondent Judgment August 3, 1999. Result: The appeal is dismissed. Cases Referred to- Nazir Ahmed Vs. King Emperor, AIR 1936 (PC) 253; Hafizuddin Vs. State 42 DLR 397; Dipok Kumar......some of them signed their names thereto. In cross, he admitted that he recorded the confessional statements of the accused persons in his chamber-after observing all the formalities as provided under law. He claimed that on 6-8-88 he recorded the confessional statements of accused Abu Bakar Siddique..Category: Criminal Law | Date: | Hits: 70
Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)
....sons as necessary parties in the partition suit, the learned Subordinate Judge erred in law in subs exempting the plaintiff from making them parties to the suit and the same has occasioned failure of justice. 8. No one appears to opposite the Rule. 9. The learned Advocate for the petitioner ha......rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ......lu Mia………………..Petitioner Vs. Md. Nazrul Islam and others………………….Opposite Parties Judgment August 1, 1999. Result: The Rule is discharged. Cases Referred to- Md. Shahidul Alam Khan and others Vs. Md. Gulzar Alam and others, 1984 BLD 21 = 36 DLR 290; M......of the fact that the petitioner duly served the interrogatories upon the plaintiff detailing the names of 36 persons as necessary parties in the partition suit, the learned Subordinate Judge erred in law in subs exempting the plaintiff from making them parties to the suit and the same has occasioned..Category: Procedural Law | Date: | Hits: 67
Tahmid Ahmed Vs. Jalaluddin Jafar Ali Husein, 1999, 18 CLC (HCD)
....ise closed and concluded by a proper hearing, vide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483.......ise closed and concluded by a proper hearing, vide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483.......ide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483.......t has jurisdiction to review its own order dated 7-2-1999 and whether the present application for review is maintainable. 9. The power of review by a Court is not inherent. It must be conferred by law specifically or by necessary implication. Jurisdiction for review being a creature of statute or..Category: Company Law | Date: | Hits: 186
Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)
...., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479......., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479....... For Respondent No.2. Writ Petition No. 1712 of 1998. Judgment Kazi Ebadul Hoque J. - This Rule was issued at the instance of the petitioner Md. Serajuddin Shah calling upon the respondents to show cause as to why Memo dated 6-4-98 issued by respondent No.2 Administrator of Waqfs removing ......zrat Malek Shah Pir Yeameni (R) Mazar Waqf Estate and appointing respondent No.3, Deputy Administrator of Waqfs (1) as official Mutawalli (Annexure-F) should not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner, after placing th..Category: Trust/Waqf Law | Date: | Hits: 142
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