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Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....he said rooms through different tenants. The defendant No.l, a practising Mukhtear was engaged by the pro-defendant No. 3 as a private tutor for his son Nuruzzaman and allowed him to reside in the disputed rooms from Jaishtha 1353 BS but unfortunately, the said son of defendant No. 3, became ins......ssed in the said proceedings is barred under the provision of Article 47 of the Limitation Act. The learned Advocate strenuously contends further that the learned Subordinate Judge was in error in holding that the suit at the instance of the plaintiff 1 who was party to the proceedings under sec..Category: Property Law | Date: | Hits: 69
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
.... Plot No. 661 of Khatian No. 60 of mouza Jamalpur PS Sudharam, Noakhali in 1921 from Gura Mia's widow Umeda Banu under the registered deed Ext. 1. Since then the complainant's father possessed the disputed land. After his father's death the complainant is possessing the same. As the disputed lan......ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 66
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....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. ......it. Against that decision this second appeal has been filed by the plaintiff. 4. Mr. Rouf, appearing for the plaintiff-appellants, has urged that the learned Subordinate Judge was totally wrong in holding that the award, Ext 6 obtained by the plaintiff in the DS Board proceeding is binding on him..Category: Property Law | Date: | Hits: 82
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....them as mentioned above. 8. The death of Jahiruddin on the night following 29th Bhadra, 1371 BS corresponding to 15th September, 1964 in the house of his father-in-law, Tofa Mohammad is not disputed. His death has been proved by overwhelming evidence of local PWs 3, 4, 8, 9, 10 and 13 and......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..Category: Criminal Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....ed their jote right in the land in suit and contended, inter alia, that the suit was not maintainable in the form it was filed and it was bad for defect of parties. They further contended that the disputed jote No. 138 comprising the suit lands were not cultivable; and one Abdul Kader, after tak...... rent receiving interest by the Government the plaintiffs suit is not maintainable in accordance with law. 4. On the above pleadings the suit was tried and disposed of by the learned Munsif holding, inter alia, that the plaintiff acquired interest by purchase in the revenue sale and the d..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....atun. 6. That the occurrence took place in the house of DW 1 Yasin Sheik and that his wife Maleka Khatun was murdered on the date of occurrence as alleged by the prosecution had hardly been disputed. Besides, there are other overwhelming evidence to prove these facts. 7. The prose......he murder took place. Mr. Mallick contends that this witness is proved to say things according as he is tutored and, therefore, be is not a dependable witness and he should not be relied upon for upholding the conviction and the sentence of death. We have carefully examined this criticism in its..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....ly leaving his widow Feroza Khatun. Feroza Khatun subsequently sold her interest to plaintiff No. 2. It was further pointed out in the plaint that the defendant No. 1 or 2 never had any possession in disputed property after its settlement with the plaintiff though the PS Khatian has recorded the nam......ourts below that even if the lease is held to be for non-agricultural purposes still the unilateral patta would .be effective for one year and the plaintiffs would be entitled to retain possession by holding over. The courts below further found that as the plaintiffs had possession in the suit prope..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....f the requirements of the Act the period within which the registration must be completed could not have been fixed." 18. We are satisfied from the facts of this case, which are not disputed by the respondents, that from the time of refusal of registration the petitioner has been......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)
....oss of business and the corresponding advantage and disadvantage of the travelling public. In the absence of any specified data it is very difficult to decide this question. Further, these are highly disputed facts concerning the general policy of guiding the inland river transport system for which ...... 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
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......st. His main submission is that section 25(3) has taken away the right of a corporate entity to be represented by its own directors. A corporate body like a banking company which has a major share holding interest in respondent No. 6 company cannot but be represented by nominees. A corporate bod..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....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. ...... freedom of association has been restricted by section 25(3)……..(20) iii) Section 25(3) does not on terms make any distinction between directors who represent their own share- holding individually and nominee-directors who represent their companies’ share holdings. It ..Category: Business or Commercial Law | Date: | Hits: 96
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
..... 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. ......epresented by its Secretary and another…….. Respondents Judgment June 1, 1998. The Specific Relief Act, 1879 (I of 1879), Section 42 The High Court Division was well-founded in law in holding that under the circumstances the plaintiffs have established a case of possession but not of..Category: Tenancy Law | Date: | Hits: 82
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......on has failed to construe properly the application for setting aside the abatement which substantially met the requirements of Order 22, rule 9(2)(3) of the Code of Civil Procedure and was wrong in holding that but for a se application for condonation of delay the prayer for setting aside abateme..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....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. ......such, her present custody could not be held to be improper or illegal. The High Court Division by the same judgment dismissed the appeal, Criminal Appeal No. 1013 of 1998, of the victim girl for bail holding that the appeal was not maintainable. 11. The appellant being aggrieved by the order pas..Category: Criminal Law | Date: | Hits: 71
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....ondents Judgment December 3, 1997. The Constitution of Bangladesh, 1972, Article 102 However extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact which requires evidence to be taken for settlement. All the findings, ord......Class (respondents No. 6 and 7 in the writ petitions) in forcibly entering their premises being part of CS plot Nos. 199,200,201 and 202 of Mouza Sukrabad and comprising Dhaka Municipal Corporation holding Nos. 7/1 and 4/2 Sobhanbag, commonly known as Tallabag, on 11-1-89 and demolishing the sem..Category: Property Law | Date: | Hits: 64
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....ended paragraphs. For the present purpose paragraph 14A may be noticed which has been quoted in the relevant judgment of the High Court Division. It reads- “14A. That the plaintiff all the time disputed the claim of defendant No. 1 but they willfully did not disclose the actual fact that BTMC ......gst other grounds on the ground of malafide. The civil Court declined jurisdictions in view of the ouster clause. The High Court on appeal set aside the order and remanded the case to the trial Court holding that the Court had jurisdiction to try the suit. The High Court’s order was approved by th..Category: Property Law | Date: | Hits: 77
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ...... 7, 1998. The Penal Code, 1860 (XLV of 1860), Section 471 The Prevention of Corruption Act, 1947 (II of 1947), Section 5(11) (i) Learned Judge of the High Court Division is palpably wrong in holding that when an accused is convicted and sentenced under section 466 he cannot again be convict..Category: Anti-Corruption Laws | Date: | Hits: 73
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
....e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ...... the Bengal Ferries Act 1885 which only provides for giving ijara of ferries and the expression ‘Ferry’ being not inclusive of nowka ghat the High Court Division fell in error of law in holding that ferry ghat includes nowka ghat and erred in law in rejecting the writ petition in lim..Category: Constitutional Law | Date: | Hits: 126
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. ......eady noticed the Rule was discharged by the impugned judgment and order. 8. Mr. Shafique Ahmed, learned Advocate for the petitioner, has submitted that the High Court Division was wrong in holding that there was no violation of any fundamental right of the petitioner. The High Court Divi..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. ......Rule Nisi was issued calling upon the respondents to show cause under what authority respondent No.1 of the writ petition Md. Shahiduddin Ahmed, then Chief Metropolitan Magistrate, Dhaka, had been holding the said office and had been exercising judicial functions in terms of Notification No. Sha..Category: Employment/Service Law | Date: | Hits: 72
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