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Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
....s court in this rule. Other questions that incidenÂtally arise are whether this court can interfere with the order of Election Tribunal in exercise of its ReviÂsional Jurisdiction and whether it is proper for this court to interfere with the discretionary order of the Election Tribunal. 2. The ...... 31 DLR 119, 29 DLR (HC) 111 & 31 DLR 119, 27 DLR 388, 38 DLR (HC) 41, 38 DLR (HC) 262, 38 DLR 435, 38 DLR (HC) 262. Lawyers Involved: Dewan AMS Zaman, Deputy Attorney General, Kibria Chowdhury and Akhlaque Rahman, Advocates — For the PetiÂtioner. M.A. Mannan, Advocate — For the Opposi...... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ..Category: Election Law | Date: | Hits: 100
Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)
....et aside. We diÂrect that the detenu Gafur Mohammad Ibrahim be reÂleased and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35.......llaneous Case No. 73 of 1988 Judgment Fazle Hossain Mohammad Habibur Rahman J.—This Rule was issued on 20-6-88 calling upon the Secretary, Ministry of Home AfÂfairs, Government of Bangladesh and four others to show cause why the detenu Gafur Mohammad IbraÂhim should not be directed to be r......t of Bangladesh and four others to show cause why the detenu Gafur Mohammad IbraÂhim should not be directed to be released from custoÂdy and set at liberty on the ground that he is being detained illegally. 2. It appears that Mr. Lasker Abu Kalam, AddiÂtional District Magistrate, Dhaka passed ..Category: Criminal Law | Date: | Hits: 29
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
.... 2 namely, Additional Deputy Commissioner Revenue, Dhaka, in charge of Vested Non-Resident Property and the Government of Bangladesh repreÂsented by Deputy Commissioner, Dhaka alleging that the suit property originally belonged to (1) Girish Chandra Mondal and (2) Rup Chand Mondal and while they we......ate—For Opposite Party No. 1. Civil Revision No. 623 of 1988 Judgment Anwarul Hoque Chowdhury J.- This Rule arises out of an application under secÂtion 115 of the Code of Civil Procedure and is directed against the order dated 12-7-88 passed by the learned Assistant Judge, 6th Court, Dh......owledge of all. While she was in such possesÂsion she came to know on 11-12-85 that the suit land had been recorded as a vested property in Vested Property Case No. 16/81 and has been leased out ilÂlegally as vested property. It was illegal and the Vested Property Authority namely, defendant Nos. ..Category: Property Law | Date: | Hits: 39
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
....he occurrence and since then accused Badsha Mollah nourished grudge against deceased Babu Mollah and very often used to threat him with dire consequences for depriving him from the enjoyÂment of the property of his father. After the occurÂrence the informant P.W.1 went to the local Police Station ......e water, while he was coming back home he raised alarm saying 'Abdul Khaleque, Abdul Khaleque'. Hearing this alarm the informant Md. Roisuddin, P.W. 1 went to the place of occurÂrence from his house and saw the dead body of deÂceased Babu Mollah with cut injuries on his throat. After a while accus......ional Sessions Judge on proper appreciation of the facts and circumÂstances of the case and the evidence on record along with the extra-judicial confession and the circumstanÂtial evidence and no illegality has been committed by him in passing the impugned order of conviction and sentence which sh..Category: Criminal Law | Date: | Hits: 42
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....ng evaluation of evidence by the Appellate Court. He also urges that the judgment of the Court of appeal was violative of the provision of section 367 Cr.P.C. as the learned Judge failed to formulate proper points for determination. It was further alleged that formalities of the provision of section........Petitioner Vs. The State.......................................Opposite Party Judgment October 27, 1988. Cases Referred to- Jahangir Hossain Vs. The State, 7 BLD 366, Makhan Chandra Das and another Vs. Nimai Chandra Das, 21 DLR 384, Sultan Ahmed Vs. the State, 12 DLR at page ....... He submits that on a careful examination of evidence on record both the Courts below found the petitioner guilty of having committed theft of the money belonging to his master and as such the Court legally convicted him under section 381 of the Penal Code. Now let us consider the contentions raise..Category: Criminal Law | Date: | Hits: 26
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....offence under section 406 Penal Code of which cognizance has been taken. He has argued that if it is found, however, that an offence of criminal breach of trust is not made out, the Court can frame a proper charge for any offence as may be disclosed upon evidence to be adduced at the trial. The lear......84 with Criminal Revision No. 244 of 1984. Judgment ATM Afzal J.- These two Rules, at the instance of the respective accused-petitioners, were issued upon the Deputy Commissioner, Dhaka and the opposite party No.1 to show cause as to why the proceedings in petition case No. 563a/84 now......rd shows that at the advanced stage of the construction of the vessels the project was gagged by the BSRS through willful recall of the loan advanced by first and second instalment but the BSRS had a legal obligation to carry forward the project by paying the third instalment.lt has been alleged tha..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....pping Corporation and directed the Bangladesh Shipping Corporation to deposit attached amount in Court and also directed the decree-holder to take steps and by order dated 25.5.86 the listed moveable properties, such as motor vehicles of the Bangladesh Shipping Corporation were attached and given in......lved: Ahsanul Kabir, Advocate - For the appellant. A.K.M. Shafiqur Rahman with Mostafa Kamal Pasha, Advocate - For the respondent. Cases Referred to- Md. Nurul Islam vs. Md. Abdur Rashid and oths.983BLD (AD) 310; Sardhri Lal vs. Ambika Pershad 15 Indian Appeals 1123JLR, 15 Cal 521 (P.C.......atisfaction of the decree passed against the judgment-debtor, that subsequently by ill advice in order to harass the decree-holder and by changing lawyer by fresh power with malafide motive and for illegal the petition was filed with false statements, that the petitioner is estoppel under the law fr..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
....eclaration that the kabala dated 12th August, 1948 standing in favour of defendant No. 1 was a benami document and also for permanent injunction restraining the defendants from entering into the suit property, damaging the huts and dispossessing the plaintiffs there from. It was bought by one Ala Mi......-3. M. Fazlul Karim, Advocate - For the respondent. Appeal from Appellate Decree No. 331 of 1968. Judgment Bimalendu Bikash Roy Chowdhury J. - This appeal is directed against the judgment and decree dated 17.2.67 passed by the learned Subordinate Judge, 2nd Court, Chittagong in other App...... Ltd., 20, Cal. WN 254 (AIR 1916 Cal 367)." It has already been seen that the learned Subordinate Judge has come to a clear finding as to the payment of consideration under the kabala on the basis of legal evidence of a conclusive real character. Moreover the transferee has the custody of the docume..Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....on 80 of the Code of Civil Procedure and the suit was barred under Section 42 of the Specific Relief Act as the appellant had neither title nor possession in the suit land; that the suit was not also properly valued and the plaint was not sufficiently stamped; that appellant who was a Govt. servant ......s Involved: Abdus Sattar Howlader - For the appellant. Fakhrul Islam, Assistant Attorney General - For the Respondent. Second Appeal No. 855 of 1966 Appeal preferred against the Judgement and decree dated 18.2.1965 and 27.2.65 passed by Additional District Judge 3rd Court Barisal in Titl......had neither title nor possession in the suit land; that the suit was not also properly valued and the plaint was not sufficiently stamped; that appellant who was a Govt. servant was not also a person legally entitled to get settlement of the Government khas land; that the appellant also failed to pe..Category: Property Law | Date: | Hits: 36
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
.... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18.......For the State. Criminal Miscellaneous No. 100 of 1987. (Arising out of Memo No. 4592 Sha Ma Nira-1 dt. 11/5. 87 Senior Asstt. Secretary, Ministry of Home Affairs, Bangladesh Shachibalaya, Dhaka and Memo No. 1428 Sha Ma Nira-1 dt. 19.2.87 Senior Asstt. Secretary, Ministry of Home Affairs and Me......n Khan J.- By an application under section 491 of the Code of Criminal Procedure the petitioner has challenged the detention of his elder brother Daulat Ahmed upon the ground that the detention was illegal, unauthorised and in violation of the mandatory provision of the Special Powers Act and has so..Category: Criminal Law | Date: | Hits: 40
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....But the defendant may still fail to file a written statement. In a large majority of cases the trial Courts invariably fix cases for ex parte hearing, if the defendant so fails. This, however, is not proper, because a case can be fixed for ex parte hearing only under Order IX, rule 6 and Order XVII,...... Court High Court Division (Civil) Present: Mustafa Kamal J AKM Sadeq J KDH Laboratories Ltd........................................................Petitioner. Vs. Pubali Bank and Ors……………………………………….OppParties. Judgment August 3, 1987. L......ten statement. But if on the date fixed for ex parte hearing the defendant is stopped from participating at the trial or, is precluded from participating, then the order of ex parte hearing will be illegal and without jurisdiction. As Beaumont, CJ of the Bombay High Court said so lucidly on the old ..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....of death of one of the account-holders the survivor shall operate the same. The plaintiff’s further case is that after the death of said Nur Uddin Ahmed these plaintiff’s became co-sharers in the properties left behind by him and they as co-sharers inherited the properties left behind by late Nu......Court High Court Division (Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Abdul Aziz J Arab Bangladesh Bank Ltd. …………….Appellant Vs. Ziauddin and others…………………………Respondent Judgment December 7, 1998. Cases Referre......njunction and her case is that the money was deposited in the joint account with a clear instruction that any one or survivor may operate the account and after the death of Nur Uddin Ahmed she is now legally entitled to the money and to operate the account. The learned Subordinate Judge on hearing b..Category: Banking Law | Date: | Hits: 122
Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)
....sion Bench of this Court inter alia, held that in view of the provision of section 45 of the Forest Act it is quite clear that the drifted timber coming through the river waters from India became the property of the Government Bangladesh and had vested with its Forest Department. It is further obser......¦â€¦â€¦Petitioner Vs. Ministry of Finance, National Board of Revenue ……………Respondents Judgment August 18, 1996. Case Referred To- MA Khaleque Vs. Government of Bangladesh and others, 32 DLR 243. Lawyers Involved: AJ Mohammad Ali with AKM Asaduzzaman, Advocates—F......order contained in the Nathi No.3 (3) VAT-5/95 corresponding to 25-3-1402 BS (Annexure-M) issued by the Second Secretary (VAT-5) National Board of Revenue should not be declared to have been issued illegally and without any lawful authority and also without appreciating the factual position leading ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....dant No.3 to transfer the amount to American Express Bank, New York Branch Account Agrani Bank. Defendant No.3 informed defendant No.1 that the matter was referred to their Head office at Karachi for proper instruction. Then again, defendant No.1 requested defendant No.3 for the transfer of the amou......Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Bijan Kumar Das J Habib Bank Limited………………….Appellant Vs. UAE Bangladesh Investment Company Limited and another……….Respondent Judgment May 28, 1998. Lawyers Involved: Syed Ishtiaq ......ather it belongs to their client. Defendant No.1 also brought to the notice of defendant No.3 of the decision given by Bangladesh Bank in the matter. It is the case of plaintiff that defendant No.3 illegally and with malafide intention has not transferred the aforesaid amount on being requested by d..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
.... is further stated in the application that the Home Minister was censuring and abusing the learned Judges of the Supreme Court on the floor of the Parliament. There was no substantive motion drawn in proper terms in term of Rule 270 of the Rules of Procedure of Parliament. It is further stated that ......me Court High Court Division (Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J Ataur Rahman Khan…………………………Petitioner Vs. Md. Nasim and another……………………….Respondents Judgment October 28, 1999. Cases Referr......izen of this country and as a Member of the Supreme Court Bar Association. He feels that it is his duty to bring the alleged statements to the notice of the High Court Division for taking appropriate legal action as Mr. Moudud Ahmed thinks that statements of the Home Minister in the Parliament are v..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....to people to enforce their human rights guaranteed by the Constitution and to uphold the supremacy of the Constitution and rule of law including taking action in the public interest to protect public property and rights, as envisaged by the law and the Constitution. Meanwhile during last three years......ase is also Reported in: 4 BLC (1999), 600. ......hat it may satisfy itself that the detenu is not being held in custody without any lawful authority and in an unlawful manner. Respondent No.4 was further directed to show cause as to why appropriate legal action should not be taken against him. 2. In an application under Article 102(2)(i) of the..Category: Criminal Law | Date: | Hits: 106
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....te and furnish a list of such ‘under trial’ prisoners in the Dhaka Central Jail and other Jails in this country and or pass such other or further order or orders as to this court may seem fit and proper. 2. It has been asserted that the petitioner is a national legal aid and services organiza......his Case is also Reported in: 57 DLR (2005), 11.......a Central Jail and other Jails in this country and or pass such other or further order or orders as to this court may seem fit and proper. 2. It has been asserted that the petitioner is a national legal aid and services organization, which has been providing legal advice, assistance and represent..Category: Criminal Law | Date: | Hits: 45
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......urt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Satya Narayan Poddar………………..Petitioner Vs. State and another………… Respondents Judgment July 11, 2001. Case Referred To- Abdur ......ing. In the instant case, a cheque was issued by the accused petitioner in favour of the complainant opposite party. The cheque was presented for encashment on 11-7-2000 but it was dishonored. Then a legal notice was served on 17-7-2000 which was received on 20-7-2000 but the accused petitioner gave..Category: Criminal Law | Date: | Hits: 35
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....t No. 03 of 1994 dismissing the suit. 2. Petitioner as plaintiff instituted the suit in question for ejectment of the defendant-opposite party, a monthly tenant, stating, inter alia, that the suit property originally belonged to Fulesa Khatun who transferred the suit premises by a deed of gift in......ce. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ...... Fazlul Karim, learned Advocate appearing for the plaintiff-petitioner submits that the plaintiff filed the suit for ejectment alleging that the defendant was a defaulter. The trial Court committed illegality in dismissing the suit without any finding as to whether the defendant was a defaulter. He ..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....as her case as, averred in the body of the plaint. 14. A suit under section 9 of the Specific Relief Act is a summary procedure and a prompt remedy for the person who was dispossessed of immovable property without his consent. The section gives a special privilege to such person in possession and....... This Case is also Reported in: 53 DLR (2001) 394. ......aintainable for want of dispossession, and also becomes barred by limitation. 19. Mr. Sircar also submits that the last agreement for lease of the shop was executed on 01- 06-95. Then, on 16-07-96 legal notice was sent to said defendant for renewal of the lease. But the lease was not renewed. Dis..Category: Civil Law | Date: | Hits: 82
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