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Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)
....eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......sh and others.................Petitioner Vs. Md. Mustafizur Rahman Kanchan.........................Respondent Judgment April 7, 2011. Lawyers Involved: Mustafa Jaman Islam, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the petitioners. Fazlur Rahman Kh......ase money for the 1418 BS in due course at the rate to be fixed by the respondents before 14.04.2011 and failing which the respondents will be at liberty to give lease to 3rd party in accordance with law. 3. The relevant facts of the case, in brief, are that the writ-petitioner, respondent herein..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ...... the curtailment of certain areas of Bera Municipality within District Pabna as mentioned in the schedule and comments and objections from the public has been sought. It is further stated that the DC accordingly took steps and submitted a report in favour of curtailment of the area mentioned in the ......represented- Respondents No.1-8 (In Civil Appeal No.218 of 2007.) Not represented- the respondents (In Civil Appeal No. 126 of 2006.) Civil Appeal No.218 of 2007 with Civil Petition for Leave to Appeal No.126 of 2006. Judgment Muhammad Imman Ali J. - Leave was granted to consider the ......oners in Civil Appeal No.218 of 2007 and on behalf of the petitioner in Civil Petition for Leave to Appeal No.126 of 2006 submits that the High Court Division did not consider whether the respondents lawfully exercised the power under section 4 of the Paurashava Ordinance, 1977 in curtailing the are..Category: Election Law | Date: | Hits: 152
Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......n No.1996 of 2009.) Vs. Lutfun Nessa and others………………………..........Respondents (In both the cases) Judgment August 5, 2010. Lawyers Involved: Biswajit Das, Deputy Attorney General instructed by Mr. B. Hossain, Advocate-on-Record- For the Petitioners. (In Civil Peti......reviewing order of the Land Administrative Board. The High Court Division upon hearing the parties made the Rule absolute declaring the order of the Land Administration Board as had been made without lawful authority. Thereafter, the then Additional Deputy Commissioner (Review) unsuccessfully moved ..Category: Property Law | Date: | Hits: 93
Bangladesh Vs. Md. Abdul Alim and others, 2010, 39 CLC (AD)
.... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185....... respondents along with others appeared in the qualifying test examination conducted by the Bangladesh Public Service Commission. They along with some others became successful in the written test and accordingly they appeared at a viva voce examination. The Bangladesh Public Service Commission ultim.......) Md. Nurul Islam and others-Respondents. (In Civil Petition No.1304 of 2010.) Mohammad Shahinul Islam Chowdhury and others-Respondents (In Civil Petition No.1305 of 2010.) Mahbubey Alam, Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners (In all the......ed by the High Court Division in Administrative Appellate Tribunal, Dhaka in Appeal Nos.134, 139, 143 and 144 of 2009.) Order Surendra Kumar Sinha J. - The subject matter of these petitions and law points involved are identical. Accordingly, these petitions are disposed of analogously by t..Category: Administrative Law | Date: | Hits: 188
Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)
.... petitioner Mr. Mujibur Rahman Talukder, the learned Advocate for the petitioners, urged that the learned Munsif committed an error of law resulting in an error in the decision occasioning failure of justice in rejecting the application for dismissal of the suit as being barred by res judicata. Acco.......86. On that day the learned Munsif after hearing the parties and considering the materials placed before him took a view that the question of res judicata was irrelevant in the facts of the case and accordingly passed an order directing the issues to be framed, purporting to refuse the prayer of th......86. Judgment Bimalendu Bikash Roy Choudhury J. - This Rule is directed against an order dated 28.6.86 passed by Mr. Manjur Kader, Upazila Munsif, Banaripara in Title Suit No.12 of 1985 refusing to dismiss the suit as being barred by res judicata. 2. Opposite party No.1 namely, Abul Hashem H......r and obtained the present Rule. 3. Appearing on behalf of the petitioner Mr. Mujibur Rahman Talukder, the learned Advocate for the petitioners, urged that the learned Munsif committed an error of law resulting in an error in the decision occasioning failure of justice in rejecting the applicatio..Category: Property Law | Date: | Hits: 80
Amina Khatun & others Vs. M/s. Quickways Agency, 1990, 19 CLC (HCD)
....e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ......e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ......hman J Amina Khatun & others ...............................Appellant Vs. M/s. Quickways Agency ...............................Respondent. Judgment August 6, 1990. Case Referred to- Aftab Flur and Allied Industries Ltd. Vs. Mst. Nasim Akhtar, 16 DLR (WP) 199. Lawyers Inv......ays Agency. He also field that the claim was barred by limitation under section 10 of the Act. 5. The learned Advocate for the appellants first, submits that the Commissioner committed an error of law in holding that there was no relationship between the deceased Manu Mia and the opposite party M..Category: Labour and Industrial Law | Date: | Hits: 98
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation and others, 1990, 19 CLC (HCD)
....ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ......ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ......l Hoque J Sadharan Bima Corporation........................Plaintiff Vs. Bangladesh Shipping Corporation and others.............Defendants. Judgment June 12, 1990. Cases Referred to- Al‑Sayer Navigation Co. Vs. Delia International Traders Ltd., 34 DLR (AD) 110; Albert Davi......he aforesaid decision the four learned judges were unanimous and all concurred the view as expressed by Blackburn, J which are as follows: "I am of the same opinion, the general rule of the common law was that where necessaries were supplied to a ship at home the Court of Admiralty had no jurisdi..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
..... Consequently, we set aside the judgment of the trial Court and decree the suit. In the facts and circumstances of the case a decree for Taka 5,000.00 (Taka five thousand) only will meet the ends of justice and will vindicate the grievance of the plaintiff. Accordingly the suit is decreed to the ex......he defendants were summoned. Ultimately the defendants apologised to the plaintiff by expressing regret and requested the plaintiff to compound the case to which the plaintiff agreed and the case was accordingly disposed of on 10.9.69 on prayer of both parties. Even after the disposal of that case t......e plaintiff is directed against the judgment and decree passed by the Subordinate Judge 3rd Court, Dhaka in Money Suit No. 158 of 1969 arising out of a suit for realisation of compensation for damage to the plaintiff's reputation allegedly caused by the defendant by publication and circulation of a ...... in the University of Maryland in USA. The second son of the plaintiff namely Azmal Sobhan is an MBBS of the Dhaka University and is now undergoing higher stadies in USA. The Plaintiffs father‑in‑law late Khan Bahadur A Jalil Khan was a Zamindar of Vikrampur and a Member of the then Bangladesh C..Category: Civil Law | Date: | Hits: 89
Mojibur Rahman Sarker and others Vs. Shafiqul Islam and others, 1991, 20 CLC (HCD)
....he same must be exercised in a judicial manner. I am, therefore, of the opinion that the learned Assistant Judge committed an error of law resulting in an error in the decision occasioning failure of justice in passing the impugned order. 4. The Rule is thus made absolute and the impugned order s......amendment of the application for pre‑emption. There being no appearance from the side of the opposite party, I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 313. ......Rahman Talukder, Advocate ‑ For the Petitioner. Not represented-the Opposite Party. Civil Revision No. 989 of 1990. Judgment Bimalendu Bikash Roy Choudhury J. - Petitioners are pre‑emptors in an application for pre‑emption under section 96 of the State Acquisition and Tenancy Act, ...... of the Code of Civil Procedure is, no doubt, discretionary but the same must be exercised in a judicial manner. I am, therefore, of the opinion that the learned Assistant Judge committed an error of law resulting in an error in the decision occasioning failure of justice in passing the impugned ord..Category: Procedural Law | Date: | Hits: 81
Zulfiquar Ali Bhutto Vs. State, 1991, 20 CLC (HCD)
....cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312.......he above facts and circumstances of the case and the legal position discussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312.......is also Reported in: 43 DLR (1991) 312.......reported in BLD Vol. 5 page 110. We have gone through the facts of the above case. The facts of the above case are similar to the facts of the present case. We are of opinion that the principle of law laid down in that case is applicable in the facts of the present case. Mr. Khandker Mahbub Ho..Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ......29.17 acres diluviated and remained under water for over 20 years of their re‑appearance with the result that the plaintiffs are entitled to claim the same as gains from public navigable river, and accordingly decreed the suit on contest with costs with regard to the said lands. 5. In arriving ......t of Bangladesh.......................................Appellant Vs. Abdul Wahid Sheikh (dead) his heirs & others .............Respondents. Judgment January 28, 1990. Cases Referred to- Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 31 DLR (AD) 195; Makku Mia &...... lands gained by the recess of a river or the sea as increment to the holding subject to the payment of a fair and equitable rent. 7. With the emergence of Bangladesh as an independent country the law embodied in those two sections has undergone significant changes. On 4th November, 1972 Presiden..Category: Property Law | Date: | Hits: 77
Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)
....in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ......ondents to show cause as to why the Registration No.23048 dated 31.8.87 given by the respondent No. 2 in favour of the respondent No.1 should not be set aside and Trade Mark Registry be not rectified accordingly. 2. The petitioner Hoque and Co. Ltd. moved this application stating that the petitio......3 DLR (1991) 304. ......for their Toilet Soaps. So, accordingly registration to respondent No. 1 leaving aside the application of the petitioner company, who had reasonable and legal grounds to apply, cannot be sustained in law. In the result, this Rule is made absolute and registration No. 23048 dated 31.8.87 given by ..Category: Intellectual Property Law | Date: | Hits: 219
Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)
....all be modified accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301....... or to parents, or to relations within the prohibited degree, and some time should elapse without their receiving any, their right to maintenance ceases, because it is due only so far as may suffice, according to their necessity (when it is not so to those who are opulent), and they being able to su......se is also Reported in: 43 DLR (1991) 301.......90. 7. Section 278 of Mulla's Principles of Mohamedan Law (Eighteenth Edition) runs as follows: "278. Order for maintenance.- If the husband neglects or refuses to maintain his wife without any lawful cause, the wife may sue him for maintenance, but she is not entitled to a decree for past mai..Category: Family Law | Date: | Hits: 253
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....sistant Judge committed in error of law in refusing to allow the documents produced in the Court by the petitioner as exhibits and in the facts and circumstances this decision has caused a failure of justice in the case. He has also submitted that the appellate Court has refused to exercise his own ......attached with the appeal. (6) Any order passed by the Court of District Judge shall as soon as may be, be communicated to the Family Court which shall modify or amend the judgment, decree or order accordingly and shall also make necessary entries to that effect in the appropriate column in the re......Alam Chowdhury ..........Petitioner Vs. Shirin Alam Chowdhury..........................Opposite Party. Judgment January 24, 1991. Result: The Rule is made absolute. Case Referred to- Moinuddin (Md.) Vs. Amina Khan Majlish, 42 DLR 483. Lawyers Involved: Md. Fazlul Karim......isc. Appeal No. 71 of 1990 under section 17 of the Family Courts Ordinance, 1985 and on 18.4.90 the memorandum of the aforesaid appeal was rejected on the ground that the same was not maintainable in law. 6. Being aggrieved by the said order dated 18.4.90 the petitioner has filed this Civil Revis..Category: Family Law | Date: | Hits: 230
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ...... Mohammad Habibur Rahman J. - This is an application under section 561A of the Code of Criminal Procedure by accused petitioners. AHM Kamaluddin and MA Karim for issuing a Rule calling upon the State to show cause why the order dated 6.8.89 passed by Mr. Munsif Ali, Divisional Special Judge, Dhaka i......od stopped, that the order of the learned Divisional Special Judge that the Government may take step for revival of the case if so desired is illegal and without jurisdiction, that if by operation of law the proceeding of the present Special Case stood stopped on 8.12.88, then the prescribed time fo..Category: Criminal Law | Date: | Hits: 63
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......re. In the instant case we find that the impugned exhibits had been rightly admitted by the Court below. They are not inadmissible as contended. We thus, find no substance in this rule which is accordingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue......y J AKM Sadeq J Abdul Hakim and others..................Petitioners Vs. The State......................................Opposite Party. Judgment February 15, 1990. Cases Referred to- Zeheda Bewa and another Vs. The State, 37 DLR at page 66; AIR 1936 Privy Council at page 253......IR on 7‑8‑85 alleging that on 27th Sravan, 1392 BS at about 10 AM his daughter Shahina Khatun aged about 13/14 years went to school but did not return home. The complainant went to his son‑in‑law's house and came to know that his said daughter did not even go there. On that day a little girl..Category: Criminal Law | Date: | Hits: 74
....he Court, if it is of opinion that in the circumstances of the case undue hardship would otherwise be caused, and notwithstanding that the time so fixed has expired, may on such terms, if any, as the justice of the case may require, extend the time for such period as it thinks proper."
Mr. Asraru......lt this appeal is allowed and the suit is dismissed. In view of 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) 286.
..................................................Appellant
Vs.
The Dhaka Dyeing and Manu facturing Company Limited.....................Respondent.
Judgment
March 15, 1990.
Cases Referred to-
Baroda Spinning and Weaving Company Limited Vs. Satyanarayan Marine and Fire Insurance Compa......ded no finding on that issue.
5. Mr. AR Yusuf, the learned Advocate appearing on behalf of the appellant, has submitted firstly, that the findings of the learned Subordinate Judge were contrary to law and evidence on record and not sustainable in law inasmuch as the agreement of arbitration as ev..
Category: Alternative Dispute Resolution | Date: | Hits: 170
....tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282....... the defendants. The plaintiff opposite parties again filed another petition for amendment of the plaint and in that petition the plaintiffs prayed for inserting specific boundary in the schedule, as according to them there will be difficulty in getting a decree for khas possession if the land is no......ive Housing Society...........Petitioner
Vs.
Mujibur Rahman (Md.) & others.............................................Opposite Parties.
Judgment
September 24, 1990.
Cases Referred to-
Golam Hafez Mia Vs. Khadem Ali Mia, 29 DLR (SC) 311; Sultan Ahmed Vs. Puma Chandra Karmakar ......nt khas land and that compelled the plaintiffs to file the present suit for declaration that the orders of the defendant No. 1 dated 6‑8‑1987 are illegal, null and void and the plaintiffs are the lawful owners of the suit property.
3. Defendant‑opposite party No. 5 and the present defendant..
Category: Property Law | Date: | Hits: 146
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......ld be prosecuted or that the accused should be 11 released." In the Police Regulations of Bengal a distinction has been made between these two kinds of recommendations for the sake of convenience and according to this distinction, the police‑report containing recommendation for prosecutor is calle......bdul Bari Sarker J Abdul Hasib J Abdur Rashid.......................Petitioner Vs. The State ...........................Opposite Party. Judgment May 20, 1990. Cases Referred to- Syed Ahmed and another Vs. The State and another, 1984 BLD 133; 37 DLR 336; Md. Zillul Rahim......s such, the case was liable to be stopped and the accused persons released as per provision of section 167(7) Cr.P.C. The learned Advocate for the opposite party, on the other hand, contends that the law contemplated completion of the investigation by the police within the prescribed time and not th..Category: Criminal Law | Date: | Hits: 66
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276.......istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276.......fa Kamal J Birendra Nath Chakraborty..........................Petitioner Vs. Subal Chandra Biswas and others................Opposite Parties. Judgment March 13, 1981. Cases Referred to- Salimuddin Mondal Vs. Mohitosh Biswas, 14 DLR 796; Diam‑Hossain Vs. Haran Das, 13 DLR 283;......oldings themselves then also it will be a case of partial pre‑emption. Mr. Chowdhury has cited the case of Salimuddin Mondal Vs. Mohitosh Biswas, 14 DLR 796, in support of his contention. 8. The law as to what is and what is not partial pre‑emption has been dealt with exhaustively from time t..Category: Property Law | Date: | Hits: 78
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