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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. ......uage of the Court of Settlement “It cannot be believed at all that the petitioner No.1 Mrs. Bakth Bibi would leave for Afghanistan via India during the liberation war in 1971 leaving her sons, when according to her evidence, her two sons Md. Nadir and Md. Amanullah were minors” is not sustainabl......J Bakth Bibi……………….Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of Bangladesh and others………………..Respondents Judgment October 28, 1992. Cases Referred to- M/s ATJ Industries Limited and others Vs. The Government of......s declared that the judgment and order dated 7.3.89 being annexure ‘J’ to this writ petition passed by the Court of Settlement in Case No.1022 of 1987 are declared to have been passed without any lawful authority and be of no legal effect. It is ordered that the house property at 93 Chatteswari,..Category: Property Law | Date: | Hits: 73
....he office of the said mills for ascertaining the fact and requested the authority to issue letter of indent in his favour but to no result. Thereafter on 23.6.92 he filed an application for demanding justice and cancellation of application for acceptance of tender in favour of respondent No.6 (Annex......ter on 23.6.92 he filed an application for demanding justice and cancellation of application for acceptance of tender in favour of respondent No.6 (Annexure ‘V’) but also to no result. Thereafter according to the petitioner two board meetings of the said Mills were held on 25.6.92 and on 2.8.92 ......l Haque Choudhury J
KM Hasan J
Shafiq Ahmed………………Petitioner
Vs.
Chairman, Bangladesh Chemical Industries Corporation and others……..........Respondent
Judgment
October 28, 1992.
Cases Referred to-
M/s Hossain Ahmed Vs. M/s HD Hossain and Brothers, 32 DLR (......senior. A supplementary affidavit has been filed in this case on re‑opening on 21.10.92 to which we shall advert at the relevant portion of the judgment.
6. In the instant case we have heard the lawyers in extenso because in view of the stay order. Mr. Kamal Hossain appeared for respondent No.6..
Category: Others | Date: | Hits: 128
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....rder impugned is also bad. In view of the scope of section 115(1) of the Code of Civil Procedure mere error of law is no ground to set aside the order of the Court below unless it leads to failure of justice. Having taken overall views of this case I am not impressed with the contention of the learn......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. ......ur Rahman J Nurul Absar Chowdhury and others…….........Petitioners Vs. Haji Abdul Hoque Sowdagar.......................Opposite Parties. Judgment August 16, 1990. Cases Referred to- Messrs Importers and Manufacturers Ltd. Vs. Pheroze Fraturoze Taraporewala and others, 1953 ......anufacturers Ltd. Vs. Pheroze Fraturoze Taraporewala and others, 1953 (SC) 73 argues that a sub‑tenant is a necessary party in a suit for ejectment. There is no dispute about the proposition of the law but the question remains did the petitioners before me could prove their sub‑tenancy by any ev..Category: Property Law | Date: | Hits: 67
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. ......hmudur Rahman J Nazir Ahmed and others.........................Appellants Vs. Md. Hazee Kalu ....................................Respondent. Judgment January 1, 1989. Cases Referred to- Pathana Vs. Mst. Wasai, 17 DLR (SC) 47; Mussummat Durga Chowdhrian Vs. Jawahir Singh Chowdhury, ......al on contest with cost and affirmed the decree of the learned Munsif. 5. Mr. SK Zulfiqur Bulbul Chowdhury on behalf of the defendant’s appellants submits that the Court of appeal below erred in law in not dismissing the suit and in not directing the sale of the disputed land to the defendants...Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....f Blagden J, and am tempted to quote a quotation from his judgment which is: “some years before the present war, and for ought I know to the contrary since a man used to stand outside the Courts of justice in London with a banner inscribed on one side with the words” ‘Arbitrate, Do not Litigat......ellant and the respondent were to refer the question of ownership and possession of the properties described in Schedule III to the arbitration of Mr. Justice TH Khan and the Award was to taka effect according to the provisions of Arbitration Act. According to term No.4, Title Suit No.165 of 1980 fi......om. 245; All India Groundouts Syndicate Ltd. 1949 Cal. 350; 1952 Patna 66; Kashinathsa Yamosa Kabadi Vs. Narisngsa Bhaskarsa Kabadi, 1961 SC 1077; Kashinathsa Yamosa Kabadi, 1961 (SC) 1077; KDH Laboratories Ltd. Vs. Pubali Bank and others, 40 DLR 1; M/s Adamjee Jute Mills Ltd. Vs. Chairman, Third La......n the business”. The reasons for which I am driven to quote the aforesaid passage are; that this case has a chequered career and has traveled a long zig‑zag course through arbitration and through law court. Ultimately the parties to the disputes felt “.........such Inter‑ Ministerial wrangli..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
.... of die disputed land at the time of occurrence, the learned Assistant Sessions Judge acted illegally in determining the question of the right of private defence and hence there has been a failure of justice and the impugned judgment and order should therefore be set aside. 7. Now, on the day fix...... formally recorded the First Information Report and entrusted one Abdus Samad, Daroga of the Teknaf Police Station with the task of holding investigation into the case. The said Investigation Officer accordingly visited the place of occurrence, held inquest on the dead body of the victim, prepared a...... Vs. State……………………………………………………………………Respondents Judgment September 3, 1992. Result: The appeal is dismissed. Cases Referred to- Abdul Karim Vs. State and others, 1981 BLD, (AD) 200; Sultan Muhammad Vs. Crown 1955 PLD Laho...... has on due consideration of the evidence on recorded and the facts and circumstances of the case part-1/34 PC and passed the impugned judgment and order of conviction and sentence in accordance with law which should be upheld. The learned Advocate appearing for the appellants then submits that in f..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......titioner. Ali Mostafa Khan with Ms.Nahid Sultana, Advocates-For the Respondent. Writ Petition No. 3002 of 2010. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a judgment debtor in a money decree, was issued calling in question order dated 5.4.2010 passed by Artha Rin Adala....... 4. The executing Court heard the application and rejected the same by the impugned order dated 5.4.2010 in a short slip manner only on the ground that the Artha Rin Adalat Ain, 2003 is a special law and there is no scope to give permission for selling the property under the provision of the Cod..Category: Procedural Law | Date: | Hits: 80
Babul and others Vs. State, 2011, 40 CLC (HCD)
....other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......t Nos.1 and 2 were crossing the canal by swimming. After conclusion of trial, the learned Additional Sessions Judge, Lakshmipur found the appellants guilty under sections 302/34 of the Penal Code and accordingly pronounced his judgment and order on 18.6.2008 convicting the appellants under sections ......he State XIV BLT 435; Shamsuddin Sarker Vs. State 11 DLR (SC) 365; 2006 (XIV) BLT 435. Lawyers Involved: Mohd. Lokman Hossen, Advocate-For the appellants. Matiur Rahman Howlader, Assistant Attorney General-For the respondent. Criminal Appeal No.4652 of 2008. Judgment Md. Ruhul Qudd...... The learned Advocate for the appellants lastly submits that the trial Judge without proper assessment of evidence convicted the appellants on mere surmise and conjecture, which is not sustainable in law. 7. On the other hand, Mr. Matiur Rahman Howlader, learned Assistant Attorney General appeari..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......itnesses examined P.W.1 is the informant who is said to have heard the occurrence from P.W.2 Md. Moniruzzarnan who is an eye‑witness to the occurrence. P.W.3 Md. Abul Khair is also an eye‑witness according to the prosecution. Let us discuss their evidence first. 8. P.W.1 Md. Rafiquddin Ahmed ......o.443 of 1990 and appellants (1) Sohel and (2) Manu in Criminal Appeal No.500 of 1990 along with others have been convicted on 14.4.90 under sections 302/34 of the Penal Code and sentenced thereunder to imprisonment for life and to pay fine of Tk. 2,000.00 each, in default, to suffer rigorous impris......passing through the street by the side of the shop of one Lala Miah was attacked by the accused appellants and several others who were armed with deadly weapons: P.W. Moniruzzaman, the brother‑in‑law of the deceased disclosed to P.W.1 Md. Rafiquddin Ahmed that he went to the house of his father..Category: Criminal Law | Date: | Hits: 83
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....a given fact. So, in the instant case the allegations made against the mutwalli must be within the framework of the statute and must be strictly proved. 16. Let us now consider how far the natural justice clause that has been incorporated by the proviso of section 32 has been complied with, in is......ither section 34 or section 37. Under section 34 he may do so, by notification in the official gazette but there is no such gazette notification of the taking over in the instant case. And then again according to the sub‑section (3) of the said section the Administrator after taking over of the Wa......me Court High Court Division (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Tobarak Ali Sikder.....................Petitioner Vs. The Administrator of Waqfs……………...........Respondents Judgment November 4, 1992. Cases Referred......n. 8. If the impugned order is intended to be a suspension of the mutwalli and a temporary appointment of a committee to look after the management of the Waqf estate, then the order is without any lawful authority and is of no legal effect, as there is no such provision in the Waqf Ordinance, 196..Category: Trust/Waqf Law | Date: | Hits: 157
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....ically useless to obtain a decree for permanent injunction. The Code, as already stated, is not and cannot be exhaustive. In all civilized countries, it is found, despite the best laws, residium of injustice will remain. Let us take the case of declaratory decree. Their effectiveness of execution de......formance, for restitution of conjugal rights, or for an injunction.” 6. In the case of a decree for an injunction, if the judgment‑debtor wilfully failed to obey it, the decree may be enforced according to sub‑rule (1) by his detention in the civil prison or by the attachment of his propert...... Nessa Bewa and others ………………..Petitioners. Vs. Md. Abdul Mannan .......Opposite‑party Judgment April 30, 1992. Result: The rule is made absolute. Cases Referred to- Barhanuddin Ahmed Vs. Veda Brata Chakraborty, 16 DLR 61; Moyna Mia Vs. Haji Abdus Samad, 33 D......piquant one and calls for elaborate discussion. 10. It is necessary at the outset to state briefly the object and scope of the Code of Civil Procedure. The object of the Code is to consolidate the law relating to Civil Procedure; but it is well‑settled that the Code is not and cannot be exhaust..Category: Procedural Law | Date: | Hits: 95
Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
....tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......th the local Police Station stating that in the night of 28.2.81 accused Jamshed Ali called her husband Amjad Ali from the house on the plea of raising ail for reserving water in the field. Amjad Ali accordingly went with accused Jamshed Ali, but did not return and in spite of search by the relation......2. The defence plea was of innocence. By the judgment and order dated 27.9.83 under appeal the learned Additional Sessions Judge convicted the accused appellants as charged and sentenced each of them to transportation for life. 2. On 11.3.1981 P.W.3 Kutini Bibi, widow of said deceased Amjad Ali, ...... own source and that he did not specify the accused person who first pointed out the place wherefrom the dead body was recovered. 12. This deposition is required to be tested with the provision of law as provided under section 27 of the Evidence Act. Section 25 of the Evidence Act absolutely excl..Category: Criminal Law | Date: | Hits: 62
Abu Bakkar and and another Vs. Md. Akbar Ali Biswas and others, 1991, 20 CLC (HCD)
....application rightly and I do not find any reason to interfere with the impugned order dated 19.8.90 inasmuch as the learned Subordinate Judge has not committed any error of law occasioning failure of justice in passing the impugned order. In the result, this application is summarily rejected. Ed....... any error of law occasioning failure of justice in passing the impugned order. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 62. ......e defendant‑petitioners did not appear and cross‑examine the P.W.1. This is not the fault of the Court. Since other defendants have already cross‑examined the P.W.1, it is not understandable as to why these two defendants failed to cross‑examine the P.W.1. No explanation has been given as to......ion was disallowed by the learned Subordinate Judge, Jessore after considering the matter at length. From the order itself it appears that on 4/5 days the P.W.1 was examined and cross-examine but the lawyer of the present defendant-petitioners did not cross‑examine the P.W.1 and for cross-examinin..Category: Procedural Law | Date: | Hits: 77
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ......ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ......posite Parties Judgment June 14, 1989. Result: The Rule is discharged. Where the plaintiff withdraws from a suit, or abandons part of a claim, without the permission referred to sub-rule (2) he shall be liable for such costs as the court may award and shall be precluded from......ill be governed by section 10 of the code of civil procedure. The language of section 10 is a clear indication that successive suits on this same cause of action is different forums is permissible in law………………… (9) Unless a suit is filed under th..Category: Procedural Law | Date: | Hits: 92
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......, did not accept the plea of the opposite party assessee that no profit was made by the Industry in the assessment years in question and held that the Industry in fact made profit, and assessed taxes accordingly, the Deputy Commissioner of Taxes was not justified in disallowing the claim for bonus. ......ppeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......of service of workers on the basis of certain recommendations of the Commission.‑ (1) Notwithstanding anything contained in the Industrial Relations Ordinance, 1969 (XXIII of 1969), or in any other law or any rule, regulation, bye‑law, agreement, award settlement, custom, usage or terms and cond..Category: Fiscal/Taxation Law | Date: | Hits: 171
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
.... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ...... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ......Bangladesh ......................... Petitioner Vs. Abdul Wahab & others ...................Opposite Parties Judgment June 3, 1991. Lawyers involved: Kaiseruddin Ahmed, Deputy Attorney‑General ‑ For the Petitioner. M Nurullah with M Shafiullah, Advocates - For the Oppo...... negligence and as such prayer for condonation should not be considered. 9. I have been taken through the judgment pronounced by their Lordships as well as other materials on record. It is settled law that burden rest on the party who seeks indulgence of the Court in his favour to adduce distinct..Category: Procedural Law | Date: | Hits: 87
Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)
....ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ......ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ......an J.- In this Rule the petitioner was lessee under the Government of the disputed land which was treated by the Government as enemy property. 2. The petitioner obtained lease for the year 1373 BS to 1380 BS from year to year and upon such lease while they were in possession the defendants try to......at the finding of the lower appellate Court that the plaintiff is not entitled to get a relief for permanent injunction on the basis of their lease‑hold right in the suit property is sustainable in law. The plaintiffs being mere lessees under the Government in respect of the enemy property from ye..Category: Property Law | Date: | Hits: 75
Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)
.... present Rule. 3. Miss Nowazish Ara Begum, learned Advocate for the petitioner, submits that the learned Munsif committed an error of law resulting, in error in the decision occasioning failure of justice, by rejecting the application for vacating the order dated 25.8.1984 inasmuch as final decre......1963, it appears that the plaintiff and defendant No. 1, 8, 9 and 18 compromised the suit on terms embodied therein and prayed for passing a final decree in terms of the compromise and a final do was accordingly passed. It appears from paragraph No.6 of the compromise petition, which has been made p......pplication under section 115 of the Code of Civil Procedure, the defendant No.1 challenged the legality of the order dated 8.11.1984 passed by the Munsif, 3rd Court, Comilla rejecting his application to vacate the earlier order dated 25.8.1984 passed in Title Suit No.225 of 1963. 2. The facts rel......oved this Court in its revisional jurisdiction and obtained the present Rule. 3. Miss Nowazish Ara Begum, learned Advocate for the petitioner, submits that the learned Munsif committed an error of law resulting, in error in the decision occasioning failure of justice, by rejecting the application..Category: Property Law | Date: | Hits: 76
Abdul Jalil Vs. Chairman, Rural Electrification Development Board and others, 1992, 21 CLC (HCD)
.... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ...... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ......Respondent Nos. 1‑2. Writ Petition No.1398 of 1988. Judgment Md. Abdul Jalil J.- This rule calls in question the order dated 30.1.86 passed by Chairman, Rural Electrification Board, a statutory corporation putting restrictions on the ex‑employees of the Board in participating in any ten...... indirectly participate in any business of the Board as contractor for construction, repair supply, etc., or to participate in any tender and thereby the petitioner has been deprived o conducting his lawful business which is a clear violation of Article 40 of the Constitution. The respondent Board a..Category: Constitutional Law | Date: | Hits: 187
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....d in October/November, 1987 upon the alleged complaint of a person against the petitioner is mala fide, arbitrary and vitiated by non‑application mind and is also violative of principles of natural justice. 5. Mr. Shafique Ahmed, the learned Advocate for the respondents, submitted that the Univ......in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ...... Mainur Reza Chowdhury J Sheikh Md. Shahidun Nabi................Petitioner Vs. University of Dhaka and others...................Respondents Judgment March 14, 1991. Cases Referred to- Wasim Ahmed Khan Vs. Secretary, Board of High School and Intermediate Education, UP Allahabad......the examination concerned as communicated by respondent No. 3 the Controller of Examinations, University of Dhaka on 23.1.90 to the Barhamganj College should not be declared to have been made without lawful authority and to have of no legal effect. 2. The short facts of the case are, that the pet..Category: Others | Date: | Hits: 122
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