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Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)

.... was for a loan of Rs. 200.00 and delivery of possession was given to the mortgagee and that subsequently Kula Kamini sold the land in suit along with other lands to the plaintiff who is her son by a registered Kabala dated the 18th Jaistha, 1353 BS corresponding to 1.6.1946. After his purchase the ......ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ..

Category: Property Law | Date: | Hits: 82

Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)

....nd found Jahiruddin lying dead. PW 3 having suspected some foul play sent a written information to the Police Station on the basis of which a GD entry was made and an UD (unnatural death) case was registered. Thereafter the officer-in-charge visited the locality, held inquest on the dead body of......ntry was made and an UD (unnatural death) case was registered. Thereafter the officer-in-charge visited the locality, held inquest on the dead body of Jahiruddin and sent it to Dinajpur morgue for post mortem examination by a Medical Officer as well as for examination of the viscera by a chemica...... in the Court of Sessions all the four accused were charged under section 302/34 PPC. The charge was to the following effect: "That you on or about the 15th day of September, 1964 AD corresponding to the night following the 29th Bhadra 1371 BS at Mangalpur known as Mustafa-bad,..

Category: Criminal Law | Date: | Hits: 76

State Vs. Abdur Rashid, 1972, 1 CLC (AD)

....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. ...... the north bhiti hut of Yasin Sheik. The body of the deceased was identified by PW 4 Fazila Khatun and others. He held inquest on the dead body and sent it to the Dacca Medical College Hospital for post mortem examination through Constable No. 3734, Anwarullah. He also prepared a sketch map of th......Yasin Sheik (DW 1) of Duburia, under police station Kaligonj, District Dacca. The alleged occurrence took place at about dawn on Thursday the 5th Paush, 1374 BS corresponding to 21st December, 1967 AD at the house of Yasin Sheik. The First Information Report of the case was lodged by PW 1 Rahimu..

Category: Criminal Law | Date: | Hits: 154

Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)

....as follows: "(2) The purchaser at such sale may, in manner provided by section 167 of the Bengal Tenancy Act, 1885, and not otherwise, annul any encumbrance upon the tenure or holding, not being a registered and notified encumbrance." It is conceded by Mr. Khondkar that no step was taken by hi......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..

Category: Civil Law | Date: | Hits: 137

Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)

....ar Patwari sold 3.94 decimals of land to the petitioner for a total consideration of Rs. 9,000.00 the deed of sale was presented by the vendors before the respondent No. 2 for getting the document registered. The document was accepted by the District Registrar, Dacca, on 15.7.1965 and he made en......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ..

Category: Property Law | Date: | Hits: 73

Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)

....buddin Ahmed with Pathan Shafiqur Rahman—For the Petitioner.  Respondent- Not represented.  Petition No. 465 of 1969.  Judgment Kemaluddin Hossain J.- The petitioner, Pak Waterways a registered partnership firm has challenged the order 7 of 11.1.69 of the East Pakistan Inland Water ...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3.     ...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3.     ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 255

Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

.... and order dated 11-5-99 passed by a Division Bench of the High Court Division discharging the Rule Nisi with costs. 2. Petitioner No.1, Phoenix Leasing Limited, is a lease finance company registered under the Companies Act to act as a financial institution licensed by the Bangladesh Ban......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......minees of a bank, insurance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..

Category: Business or Commercial Law | Date: | Hits: 96

Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)

....in favour of one Noor Hossain under defendant No.1, Zilla Parishad, and Chittagong. The RS record was prepared in his name. While in possession, he sold part of the suit land to one Mokbul Ahmed by a registered kabala dated 22-01-44 and Mokbul Ahmed constructed structures thereon. Mokbul Ahmed sold ....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ......ossession either. They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ..

Category: Tenancy Law | Date: | Hits: 82

Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)

....istrict Jail. 10. The appellant had filed an application under section 491 of the Code of Criminal Procedure before the High Court Division praying for the custody of his minor daughter which was registered as Criminal Miscellaneous Case No. 4342 of 1997. The High Court Division, by judgment and......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......he appellant Bashu Dev Chatterjee now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ..

Category: Criminal Law | Date: | Hits: 71

Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)

....riate forum for settling the claim of the writ- petitioners. 10. In a long affidavit of facts the added respondents claimed title and possession in the disputed land by purchase in 1956 by registered documents from the successive transferees of the original owners. They stated that the v...... 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. ......g the structures of 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)

....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. ......d by the proper authority in accordance with law and the same has also been found intact under proper seal and cover so that no reasonable suspicion can be raised by the interested candidate of any post election tampering with ballot papers or other relevant election materials. 10. The ......y in accordance with law and the same has also been found intact under proper seal and cover……..(9)  Cases Referred to-  AKM Ruhul Amin‘s case, 38 DLR (AD) 172, NS Venkatagiri Ayyangar and another vs Hindu Religious Endowment Board, Madras, AIR 1949..

Category: Election Law | Date: | Hits: 101

Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)

.... relief of the kind described in Article 34(5)(a)(i) or (ii) or (iii). 10. Entertainment of a suit is not the same as rejection of a plaint. A plaint is rejected after a suit is entertained, i.e. registered in a register of Civil Suits under Order IV rule 2 Code of Civil Procedure. Summons is is...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221....... 515; Federation of Pakistan vs Saeed Ahmed, PLD 1974 (SC) 151, Moon Light Silk Mills Ltd vs. Bangladesh Shilpa Bank, 38 DLR 438; New ideal Engineering Works Ltd vs. Bangladesh Shilpa Bank, 42 DLR (AD) 221; Uttara Jute Fibres vs. Ashraf Jute Mills, 44 DLR (AD) 452; Delwar Coil Foam Industries Lt..

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. ......se before the Labour Court at Chittagong under section 34 of the Industrial 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 separ......section was made……….(8 & 9)        Cases Referred to- James Finlay Ltd. vs. Chairman, Second Labour Court Dhaka 33 DLR (AD) 58. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, (Subrata Chowdhury, ..

Category: Labour and Industrial Law | Date: | Hits: 94

Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)

....her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ......dated 18-3-96 (Annexure “I” containing promotion criteria of officers of BSRS and the office order No. 29-96 dated 1-6-96 (Annexure “K”) promoting respondent Nos. 3-8 to the post of Assistant General Manager superseding and excluding the petitioner from promotion list. ......of the petitioner either in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ..

Category: Employment/Service Law | Date: | Hits: 63

Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)

.... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ......tation of Article 116 of the Constitution given by the High Court Division will be operative ever since the amended Article 116 is in operation…….(10) (ii) We declare that all posting of all persons as Magistrates exercising judicial functions not made in consultation with t......validly made, done or taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ..

Category: Employment/Service Law | Date: | Hits: 72

Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)

....nk with a further direction to deposit the cheque book before the Court. After obtaining fraudulently such permission all the accused-appellants together sold the land of the two minor sons by two registered deeds dated 21-11-91 at a price of Taka 2 lac while the real worth of the property is Ta...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ...... The judgment of the High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ..

Category: Criminal Law | Date: | Hits: 69

Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)

.... recovery of possession in item No. II thereof and for mesne profits etc on the allegations, inter alia, that Paramananda Giri Goshwami who was one of the dormant shebaits of the deity executed and registered on 22 August 1952 a deed of Kayemi Mokarari Mirashj Patta in favour of one Nasu Mia, pre......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ...... The prayer of Pradip Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ..

Category: Family Law | Date: | Hits: 156

Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)

....irst day of the next month. As the defendant-appellants defaulted payment of rent for the month of Bhadra, 1376 BS a notice under section 106 of the Transfer of Property Act, 1882 was sent to them by registered post but the same was refused by the defendant- appellants, Further case of the plaintiff...... the next month. As the defendant-appellants defaulted payment of rent for the month of Bhadra, 1376 BS a notice under section 106 of the Transfer of Property Act, 1882 was sent to them by registered post but the same was refused by the defendant- appellants, Further case of the plaintiff was that K......judgment and decree 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

Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)

....h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ...... cannot but be construed as a punishment in the garb of compulsory retirement simpliciter. Under Article 134 of the Constitution no doubt every person in the service of the Republic shall hold his post during the pleasure of the President, but the President exercised his pleasure malafide and i......tion. There is no such allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ..

Category: Employment/Service Law | Date: | Hits: 89

Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)

....gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ......h of the High Court Division on 30-10-97 discharging the Rules. 2. Md. Nurul Haque, the petitioner in Writ Petition No. 1139 of 1997, joined the then Bangladesh Railway on 22-1-72 in the post of Shed Khalashi. Subsequently he was promoted to the post of Welder under the Mechanical Engi......n and the special arrangement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ..

Category: Employment/Service Law | Date: | Hits: 85