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Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
.... then transferred this land to the petitioner and her four brothers, one sister and her mother by executing a deed of conveyance in the year 1969. The petitioner having paid Rs. 18,750/‑ out of the total consideration of Rs. 35,000/was entitled to 12 annas share in this property and acknowledgin...... transfer from her father Al‑haj Sk. Mohammad Noor and that she was all along a national and citizen of Bangladesh. It has been further averred by her in the writ petition that during her temporary absence from the country in Pakistan this property was illegally declared as abandoned property to t...... 31 and 87 CIJ 217. Mr. Khondker has also contended that the order of the Sub‑Divisional Officer, Sadar South, Dhaka for treating this property as not being abandoned property is absolutely without jurisdiction as he was not the prescribed authority under Article 15 of the President's Order No. 16..Category: Property Law | Date: | Hits: 78
Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)
....along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......aid Ordinance; that the alleged offence under the provisions of the said ordinance is exclusively triable by the Labour Court and taking cognizance of such a case by the Upazila Magistrate is without jurisdiction and abuse of the process of the Court. 3. Mr. Azizul Haque Chowdhury, the learned Ad..Category: Criminal Law | Date: | Hits: 69
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......d others reported in 2 MLR (AD) 298 the Appellate Division held that the purpose of holding analogous trial or hearing of different suits arising out of same properties by a single Court of competent jurisdiction is to avoid conflicting decisions with respect to the same property. Even in the case t..Category: Civil Law | Date: | Hits: 113
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......nt with the surrounding circumstances and the probabilities of the case, it can be a good foundation for a conviction, more so, if the medical evidence available corroborates their statements. In the absence of anything to warrant a contrary conclusion, the conviction is not unwarranted merely bec......rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536...Category: Criminal Law | Date: | Hits: 90
....he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ......he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ......(Discipline and Appeal) Rules, 1985, Respondent No. 1 is required in law to appoint a Board of Inquiry consisting of three persons and that consequently Respondent No. 3 being coram non judice has no jurisdiction to make inquiry under the said Rules. Mainly on these two grounds the learned Advocate ..
Category: Employment/Service Law | Date: | Hits: 79
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
....ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......entered into his house forcibly and dismantled the hut and took away the same with other materials of the hut and untensil causing loss of Tk. 6000/‑ in spite of the protest of the witnesses in his absence when he was in Dhaka to see his ailing son with his wife. The accused persons committed the ......ence of prosecution witnesses against each of the accused persons. That being the position this contention also fails. 8. The learned Advocate also argues that the learned Magistrate acted without jurisdiction in taking cognizance of the offence in view of the fact that the complainant has shown ..Category: Criminal Law | Date: | Hits: 73
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......construction of the 4th storey of the main building on plot No. 2205. The learned Subordinate Judge by his order dated 9.6.87 rejected the application With the observation, inter alia, that he had no jurisdiction to change in any way the order of temporary injunction passed by the Appellate Court. ..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
.... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115....... 7,500/‑ as security money. They deposited Tk. 6,000/‑ out of Tk. 7,500/‑ as security and wanted to deposit rest Tk. 1500/‑ within one month and taking opportunity of the plaintiff's father's absence, the defendant took key from the minor plaintiff and took possession giving Tk. 450/‑ as s...... that this being a suit for eviction of monthly tenant it should have been tried by the SCC Judge and not by the Munsif as a suit of ordinary nature while the Civil Court has not been vested with the jurisdiction for trying such suit. The learned Advocate submits that the Court of Munsif having no j..Category: Property Law | Date: | Hits: 66
Sheikh Mohd. Salimullah Vs. Shafiqul Alam, 1990, 19 CLC (HCD)
....as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......Sardar Jan-e-Alam Vs. Arab Bangladesh Bank Ltd, 4 BLC (AD) 178. This case was decided under the provisions of the Artha Rin Adalat Ain, 1990. The Adalat sold the mortgage property in auction in the absence of both the parties on a day there was countrywide strike. The decree-holder Bank filed two ......R (AD) 13, this Division approved the views taken in Islami Bank Bangladesh Vs. Md Shafiuddin, 52 DLR (AD) 76, wherein it was held that the Artha Rin Adalat is a civil court having all the powers and jurisdiction of the civil procedure Code subject to the provisions of the Ain, held as under: "In..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
.... appearing for the petitioner, has submitted that the provision of Public Servants (Retirement) Act, 1974 not being available to the respondents, their purported action there under has been made with total want of authority and the impugned order is ex facie illegal and void having been made with la...... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112....... available to the respondents, their purported action there under has been made with total want of authority and the impugned order is ex facie illegal and void having been made with lack of inherent jurisdiction. 7. Mr. Khondker Amir Hossain, learned Counsel appearing for the respondents, has su..Category: Employment/Service Law | Date: | Hits: 88
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ......the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ......the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ..Category: Procedural Law | Date: | Hits: 91
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......d house as abandoned property and the decision of the Court of Settlement affirming the aforesaid decision of the Government that the petitioner filed this Writ Petition before this Court in its writ jurisdiction and obtained the present Rule. In order to ascertain whether the disputed house in ques..Category: Property Law | Date: | Hits: 73
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......, express or implied touching the discharge of such trust. The amount was simply lent by the complainant to the petitioner induced by the representation of the petitioner to repay the same. So in the absence of any entrustment no question of breach of any trust can arise. Aforesaid decisions of this......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ..Category: Criminal Law | Date: | Hits: 132
....ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
......ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
...... equality clause as guaranteed by the Constitution and violated the principle of fairness in view of the judicial decision of various Courts including the Supreme Court of India and Courts of English jurisdiction. To elaborate his points as to fair and just terms even in case of tender or matters ar..
Category: Others | Date: | Hits: 128
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ..Category: Property Law | Date: | Hits: 67
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ..Category: Property Law | Date: | Hits: 73
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
.... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ......urga Chowdhrian Vs. Jawahir Singh Chowdhury reported in 17 Indian Appeals 122, “ that an erroneous finding of fact is a different thing from an error or defect in the procedure and that there is no jurisdiction to entertain a second appeal on the ground of such an erroneous finding, however, gross..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......e in this contention of the appellant. 7. Placing reliance upon the decision in the case of Kashinathsa Yamosa Kabadi Vs. Narisngsa Bhaskarsa Kabadi, 1961 SC 1077. Mr. Ahmed further argued that in absence of registration of the award under section 17(1)(b) of the Registration Act the Court erred ......e written objection and decreed the suit ex parte and made the award rule of the Court without costs. 4. Mr. Syed Ishtiaq Ahmed submits that the award made during pendency of the suits was without jurisdiction as the reference was not in Court under section 21 of the Arbitration Act and the award..Category: Alternative Dispute Resolution | Date: | Hits: 174
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