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Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)

....nment of Bangladesh represented by Deputy Commissioner, Dhaka alleging that the suit property originally belonged to (1) Girish Chandra Mondal and (2) Rup Chand Mondal and while they were owners in possession, Rup Chand Mondal transferred his 8 annas share in the property by a registered deed date......of the property and delivered possession on that day. Girish Chandra Mondal is the brother of Rup Chand Mondal. Thereafter, Girish having been 16 annas owner of the suit property transferred the suit land by a registered deed dated 26-11-70 to the plaintiff Shamsun Nessa Begum and delivered posses......to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22.......involved in the suit, be added. Under Order 1, Rule 10 (4) where a defendant is added the plaint shall, unless the Court otherwise directs, be amended in such a manner as may be necessary. 7. This question of joinder of parties is merely one of procedure. It is a question of judicial discretion..

Category: Property Law | Date: | Hits: 39

State Vs. Badshah Mollah, 1988, 17 CLC (HCD)

.... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11....... trend of Cross-Examination of the P.Ws. and the suggestions put forward to them is that the informant and deceased Babu Mollah had enmity with accused Badsha Mollah over a dispute relating to some landed property and that there were village-factions and also dispute over the Kaisher beel and ......oner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......abu Mollah taking the same from Badsha Mollah. Then in cross-examination by the defence, this witness stated that he heard what Badsha Mollah had told him; but he was unable to say as to who else put questions to Badsha Mollah except Dholu and Sobhan. He stated that Badsha Mollah and his father were..

Category: Criminal Law | Date: | Hits: 42

Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)

....result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......itioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......ny prejudice has been caused to the petitioner for alleged non-observation of the formalities and the said allegation of the petitioner is absolutely vague. 8. Now it remains for me to decide the question as to whether an order of conviction under section 381 of the Penal Code without framing a ..

Category: Criminal Law | Date: | Hits: 26

Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)

....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......mplainant. 6. Mr. Abdul Momen Chowdhury the learned Advocate appearing on behalf of the opposite-party submitted that as the court below found that the petitioner was entrusted with the paddy in question and as there was nothing on evidence to show that particular transaction was of partnership..

Category: Criminal Law | Date: | Hits: 37

Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)

....plied to a thing which is not money, it would indubitably indicate that such thing continues to remain the property of the prosecutor during the period in which the accused is permitted to retain its possession or is permitted to have any dominion over it. When money is 'entrusted' within Section 40......ions which postulate the existence of a fiduciary relationship between the complainant and the accused. The above exposition of the concept of 'entrustment' does not cover or include a transaction of land or money with or without condition. The reason seems to be fairly simple. In a transaction of l......lute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......e learned Advocate could not even suggest what that some other offence would be. Since cognizance has been taken under section 406 Penal Code and a charge framed under that section, the only relevant question for consideration is whether the facts alleged in the petition of complaint disclose an off..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)

....dollars 34,296.60 payable to judgment-debtor defendant No. 1 Messrs Saturn Commercial Enterprises, Singapore, that unless the aforesaid amount belonging to defendant No.1 judgment-debtor lying in the possession and in the hands of the aforesaid Bangladesh Shipping Corporation is attached and unless ......s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......tor for information but unfortunately no instruction as yet had been received, that it was necessary that the petitioner received instruction from the judgment-debtor for the disposal of the money in question as otherwise the petitioner might be sued by the judgment-debtor in a foreign Court which w..

Category: Admiralty Law or Maritime Law | Date: | Hits: 212

Akbar Ali and others Vs. State, 1986, 15 CLC (HCD)

....essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29.......essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29.......k that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29.......l Procedure. The subsection 6 of section 339-C of the Code of Criminal Procedure reads as follows:- “6. In this section in determining time only the working days shall be counted." 8. Now the question that comes for our determination is: what is the meaning of the words 'working days'. In ou..

Category: Criminal Law | Date: | Hits: 24

Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)

....fendant No. 2 who is father-in-law of defendant No. 1 removed the original kabala from the plaintiffs' custody and subsequently took various kabalas from defendant No. 1. The defendants had never any possession nor did they ever assert any act of possession upon the disputed homestead and tank and t......he present appellants. Their case, inter alia, is that they are the owners of the property described in the schedule to the plaint which consists of their homestead and a tank measuring 32.25 acre of land. On 12th August, 1948 in order to avoid creditors they executed kabala purporting to transfer t......s I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......dvocate appearing for the appellants has first urged that the judgment of the Court of appeal below is not a proper judgment of reversal inasmuch as the learned Subordinate Judge did not consider the question of possession which is an important factor raising a presumption of benami. 7. In reply ..

Category: Property Law | Date: | Hits: 29

Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)

....o pay the same and prayed for instalments which was allowed and he paid Rs.400/- and got a receipt thereof and he executed a kabuliyat in favour of the defendant on 4.7.55 which was duly accepted and possession of the land was delivered to him and rent-roll was prepared in his name; that as the prio......ated 21.1.64 passed by the learned subordinate judge, 1st Court, Barisal in Title Suit No.7 of 1963. 2. The plaintiff appellant instituted the aforesaid suit for declaration of title in 5 acres of land described in schedule "A" to the plaint and also for a declaration that the order dated 3.10.19......10, 1986. Lawyers 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 Co......ate prevailing in 1955 when part of. Salami was paid though the settlement was given with effect from 1958-59. This is extraordinary and is opposed to justice and equity. If settlement of the land in question is given with effect from 1958-59 salami is demanded prevailing in 1955, settlement should ..

Category: Property Law | Date: | Hits: 36

Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)

....eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ......nd week of September, 1980 and that he would inform the appellant the date of hearing in due time. There is no corroboration of this statement of P.W.1 in the evidence of P.W.2 except that he made a bland statement that on return to Bangladesh his client contacted him. 19. Mr. Fakir Abdul Mannan,...... Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ......es the suit was decreed ex parte on 16.7.80. His learned Advocate, owing to inadvertence, pursued the cause list of Title Suit No. 322 of 1980 and mistakenly noted in his diary that the title suit in question was fixed for hearing on 18.8.80 and thereafter on 28.9.80. When he found on 28.9.80 that t..

Category: Procedural Law | Date: | Hits: 101

KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)

....frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......��…………………………………….OppParties. Judgment August 3, 1987. Lawyers Involved: Syed Ishtiaq Ahmed with Ozair Farooq, Advocates - For the Petitioner. Dr. Kamal Hossain with Kazi Shahabuddin Ahmed and Salahuddin Ahmed, Advocates - For the Opposite Party. Civil Re......he case of M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 39 DLR 11, to which one of us was a party, in support of this submission of his. It is also his submission that the question of res judicata does not arise and in any case this is not an exercise of power under secti..

Category: Civil Law | Date: | Hits: 83

Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)

....d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......ction is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......ionship between banker and the customer is there of a contractual relationship of the debtor and creditor. Here, in the present case, the amount was admittedly deposited in the joint account. Now the question here before us is whether the bank may be injuncted in allowing defendant No.1 to operate t..

Category: Banking Law | Date: | Hits: 122

Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)

....e Chairman, Mongla Port Authority was appointed receiver of wreck under section 273 of the Merchant Shipping Act, 1923 vide a Gazette Notification No.SRO-66-1/81 dated 19-2-81. The receiver took over possession of the wreck MV Pavlina-I and it was so notified for general information in the newspaper......n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ......as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ......ods therein respectively. This is the impugned order which is annexed to the petition and marked as Annexure-M. 3. The learned Counsel appearing for the petitioner has submitted that the wreck in question was not imported or brought into Bangladesh and, therefore, it was not subject to payment o..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)

....missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......ower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......led. In that view of the matter we hold that the suit filed before Artha Rin Adalat is very much maintainable and we find no force in the argument advanced by Mr Ahmed. 13. Now we come to the next question as regards the maintainability of the appeal. 14. This appeal has been filed under secti..

Category: Banking Law | Date: | Hits: 136

Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)

....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......ad Nasim has accused the Higher Courts of patronising terrorist by granting them bail indiscriminately. The Home Minister made the statements in the Jatiya Shangshad while replying to a supplementary question from ruling MP Shahina Monwara Haq during question-answer session. The Minister said, “Si..

Category: Criminal Law | Date: | Hits: 54

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)

....t dated 16-12-98 being Sutrapur PS Case No.63 dated 16-12-98 under section 25B of the Special Powers Act against the detenu and others upon alleged recovery of 50 bottles of Indian Phensidyl from the possession of the detenu Zaved and the absconding accused Abdur Rashid @ Kowsar and Shakila Begum. I......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......ot only affected the image of the Police institution but has shaken the confidence of the citizen in the institution. Our anxiety is for regaining the confidence of the public in the Police so that a question does not appear in the mind of the citizen as to who is to Police the Police. Democratic Go..

Category: Criminal Law | Date: | Hits: 106

Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)

....ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ......ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ......ision (Civil Appellate Jurisdiction) Present: Md. Abdul Karim J Amirul Kabir Chowdhury J Sudhangshu Shekhar Haldar ………………………..Appellant Vs. Moulana Delwar Hossain Saydee and others..…………..Respondents Judgment June 25, 1998. Cases Referred To- ......that when a preliminary point as to the maintainability of an appeal is raised, the appeal cannot be gone into on merit before disposal of the preliminary point. He, therefore, prays for deciding the question of maintainability of the appeal before hearing of the same on merit. 4. Mr. M Amir-ul I..

Category: Election Law | Date: | Hits: 159

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. ......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. ...... 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. ......posite parties were called upon to show cause as to why the CR No.299 of 2000/167 of 2000 now pending in the Court of Magistrate, 1St Class, Narayanganj should not be quashed. 2. In this Rule only question raised is whether filing of a petition of complaint before the cause of action arose can be..

Category: Criminal Law | Date: | Hits: 35

Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)

....efendant not complying with the requests nor vacating the suit premises the plaintiff felt constrained to file the suit. He further submits that though there is clause-H standing in the way of taking possession of the suit premises by the landlord in the absence of unwillingness of the tenant, but t......y in view of Clause-H in the agreement and that the defendant offered rent of December, 1992 in favour of the plaintiff but the rent was not accepted nor the rent of January, 1993 was accepted by the landlord and the rent being sent to the landlord by money order the defendant filed House Rent Case ......shir Ahmed and others………………Petitioners Vs. Ayub Ali Mollah………………………………Opposite Party Judgment February 25, 1998. Case Referred To- Ramijan Ali Ministry Vs. Md. Hedayetullah 31 DLR (AD) 183. Lawyers Involved: Md. Fazlul Karim, Advocate—......dgment and decree dated 26-11-1996 passed by the 4th Court of Assistant Judge and SCC Judge, Dhaka in SCC Suit 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 ..

Category: Tenancy Law | Date: | Hits: 148

Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)

....plication under section 115 of the Code of Civil Procedure against judgment and decree dated 14-07-98 passed by Assistant Judge, 5th Court at Dhaka in Title Suit No.127 of 1997 decreeing the suit for possession. 2. Opposite party as plaintiff instituted the suit under section 9 of the Specific Re......ndant No.1 then learnt from defendant No.2, in the month of August, 1995, the plaintiff inducted defendant No.2 in the suit shop in violation of the terms of the lease, and without any consent of the landlord, defendant No.1 at a monthly rent of Taka 7,000 and also on receipt of Taka 50,000 as secur......itioners Vs. Hosne Ara Lili…………..Opposite Party Judgment March 16, 2001. Lawyers Involved: Shafique Ahmed with Shahidul Islam, Advocates- For the Petitioners. Jamiruddin Sircar with Bazlul Ghani, Advocates- For the Opposite Party. Civil Revision No. 3630 of 1998. ......uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ..

Category: Civil Law | Date: | Hits: 82

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