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Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)
....f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530....... specified in Article 40 of the Articles of Association of the Dhaka Stock Exchange Limited ipso facto proves that Dhaka Stock Exchange Limited has approved the said transfer and should therefore act accordingly i.e. it must rectify its share register by registering the name of the transferee. 10......n: 51 DLR (1999) 530.......ies Act, 1994 and by asking the petitioner to submit succession Certificate or Nadabinama after long 1, years they have acted beyond their authority, under their Articles of Association and under the law. 21. Mr. Rabindra Ghosh, the learned Advocate appearing on behalf of the respondent No. 1, su..Category: Company Law | Date: | Hits: 194
Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
.... fide intention for obstructing a lawful departmental disciplinary proceeding and, as such, the learned Assistant Judge erred in law in nor rejecting the plaint and the same has occasioned failure of justice. 5. Mr. Abdul Quayum, the learned Advocate appearing for the opposite parties, on the oth......im an opportunity of being heard, and that valuable right of the petitioner having been taken away arbitrarily the plaintiff has a cause of action for the suit. 10. Mr. Quayum further submits that according to the Service Regulations of the Teachers of the National University a teacher may be pla......t: Gour Gopal Saha J Altaf Hossain (Md.)……………….Petitioner Vs. Md. Abdul Rahim and others…………………..Opposite Parties Judgment July 13, 1998. Cases Referred to- Dipak Chandra vs. Selestin Resel and another 3 BLC 391; Sheikh Abdul Quader vs. Chairman, Ban......ns made by the relevant authority calling for prosecution of the petitioner and gave him sufficient opportunity to defend himself, he filed the present suit with mala fide intention for obstructing a lawful departmental disciplinary proceeding and, as such, the learned Assistant Judge erred in law i..Category: Procedural Law | Date: | Hits: 83
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
.... testimony in arriving at a finding of possession of plaintiff in the suit land and consequently, there has been total misreading and non consideration of the material evidence occasioning failure of justice. The 2nd branch of submission of Mr. Sk Razzaque Ali is that Kha schedule land which is the ......ather and his Fufu maternal aunt as Kolkorsha. The plaintiff’s father purchased the land of plot Nos. 1822 and 1824/2134 of CS Khatian No. 688 from Safaruddin Faraji and entered into possession and accordingly in the remark column of the said Khatian the possession of Menhajuddin as purchaser was ......i J Abdul Gani Howlader (Md.) and another……………….Petitioner Vs. Abdus Somed Howlader and others………………..Opposite Parties Judgment March 3, 1999. Cases Referred to- Nibaran Chandra Ghosh and others vs. Pratap Chandra Chowdhury and others 44 CWN page 141; Jan......inability of the suit in view of the provision of section 66 of the Code of Civil Procedure and his clear conclusion, considering pleading, is that the suit is barred under the aforesaid provision of law and dismissed the suit, From the judgment and decree of the trial Court the plaintiff appealed t..Category: Property Law | Date: | Hits: 98
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ...... itself. Consequently, the provisions of sections 7, 22, 23, 25, 36, 37 of the Act as mentioned and discussed hereinbefore have mandated the revisional authorities under section 53 of the Act, to act according to the provisions of the Act mentioned before. It appears in the present case that the aut...... Mainur Reza Chowdhury J M A Aziz J Sajeda Begum………… Petitioner Vs. Member, Bhumi Appeal Board and others……….Respondents Judgment March 25, 1997. Cases Referred to- Monirunnahar Begum vs. Shahed Ali, 1 BCR (1981) 43; Hossain Uddin vs. Additional Collector, 1......(Annexure-F) passed by the respondent No. 1 and the order dated 9-1-86 (Annexure-C) passed by the ADC (Rev) Khulna vide Rev. Case No. 10 of 1985 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The case of the petitioner is as follows: 71.25..Category: Property Law | Date: | Hits: 107
State Vs. Farooq Ahmed, Subordinate Judge, 1999, 28 CLC (HCD)
.... by him for the 1St time, we accept his apology. In the result the Rule is disposed of with the above observation accepting the apology. Ed. This Case is also Reported in: 51 DLR (1999) 515. ...... by him for the 1St time, we accept his apology. In the result the Rule is disposed of with the above observation accepting the apology. Ed. This Case is also Reported in: 51 DLR (1999) 515. ......tate …………………Petitioner Vs. Farooq Ahmed, Subordinate Judge………………….. Opposite Party Judgment July 19, 1999. Lawyers Involved: Shahabuddin Ahmad, Deputy Attorney-General - For the State (with the leave of the Court). KZ Alam with Shoriful Islam Khan, A...... by him for the 1St time, we accept his apology. In the result the Rule is disposed of with the above observation accepting the apology. Ed. This Case is also Reported in: 51 DLR (1999) 515. ..Category: Criminal Law | Date: | Hits: 45
Sherin Akther and another Vs. Md. Ismail, 1999, 28 CLC (HCD)
....t Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512.......nd decree dated 30-3-92 and 1-4-92 respectively passed by the Additional Assistant Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512.......ourt Division (Civil) Present: Qazi Shafiuddin J Sherin Akther and another…….. Petitioners Vs. Md. Ismail…….. Opposite Party Judgment July 26, 1999. Cases Referred to- Syed Ali Nawas Gardezi vs. Lt. Col Muhammad Yusuf, 15 DLR (SC) 9; Serajul Islam vs. Helama Be......on of conjugal right and also for declaration that the divorce pronounced by the wife is illegal such direction for restitution of conjugal right as consequential relief is wrong and unenforceable in law. Such direction in matters of relationship between man and wife no longer holds good and is oppo..Category: Family Law | Date: | Hits: 180
Dr. Abdul Gani Vs. Mujibur Rahman & others, 1999, 28 CLC (HCD)
.... and decree dated 24-5-87 passed by the Senior Assistant Judge, Kishoreganj in Small Cause Courts Act Suit No. 1 of 1986 is hereby set aside. Ed. This Case is also Reported in: 51 DLR (1999) 510.......ancy by the defendant, the learned Small Cause Courts Act Judge tried the Small Cause Courts Act suit and also found that the defendant is tenant under the plaintiff and, as such, he is evictable and accordingly he decreed the suit. Although it is contended by the defendant in his written statement ......nt from them. Thereafter Israil Bepari died leaving behind plaintiff Nos. 1-7 and the plaintiffs became the owner of the land as co-sharer. The defendant No. 1 was the tenant under the plaintiff but stopped payment of rent from the month of Bhadra, 1388 BS. In spite of repeated demands, they did not......ct matter. The frame of the suit itself is necessary to be taken into consideration before deciding whether the suit is triable by the Small Cause Courts Act Court or not. It is a settled question of law that Court of Small Cause is not entitled to consider the question of title but incidentally it ..Category: Civil Law | Date: | Hits: 89
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....to realise the claimed damages then the legal remedy of damages, even if available, will be deemed to be inadequate and the Equity will come forward in aid to grant specific performance “to do true justice to enforce the true contract that the parties have made, to prevent the trouble and expenses......tting and manufacturing (CM) charge.” It is too difficult, in view of the said statement of fact, to accept that commission to the agent of the other side should be payable by the manufacturer who, according to his own statement, receives only fixed cutting and manufacturing charges. The document ......United Kingdom Mutual SS Association (1891) 1 QB 370; Pacquin vs. Beanclerk (1906) AC 148; Elbinger AG Fur Fabrication von Eisonbahn Material vs. Clay (1873) LR, 8 QB 313; Teheran Euro Ltd. vs. ST Bolton Tractor Ltd. (1986) 2 All ER 886; Paton vs. British Pregnancy Advisory Services Trustees (1979 Q......ew of the consistent assertion by the plaintiff that the defendant No. 1 acted as the agent of the overseas buyer of garments as well as of the overseas supplier of fabrics and accessories. Under the law of agency the agent is paid by his principal only. He cannot be paid any commission by the oppos..Category: Civil Law | Date: | Hits: 164
Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
.... ipso facto terminate co-ownership in such land till subdivision of the holding and distribution of rents takes place only in accordance with law." In our natural anxiety to be cautious in dispensing justice we have meticulously found that the decision reported in 35 DLR (AD) 230 was not brought to ......ers and receipt books produced in support of such mutation were wholly unreliable and the learned Judge should not have relied upon those documents and disallowed the pre‑emption petition. Further, according to him, original co-sharership in the land does not extinguish without a partition being m......der section 24 of the Non-Agricultural Tenancy Act) disallowing the pre-emption. 2. Facts relevant for the purpose of disposal of this appeal, in short, are that 0.0913 acre of land appertaining to plot No. 4376 of CS Khatian No.883 and 0.1087 acre of land appertaining to plot No. 4376/4403 of ...... point was already framed by the trial Court." With the aforesaid observation their Lordships allowed the appeal and sent the case on remand to the High Court Division for disposal in accordance with law. The aforesaid observation by their Lordships left a clear indication that a co-sharer loses his..Category: Property Law | Date: | Hits: 53
Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)
....re can be disregarded to make such suit, which is so barred, maintainable in order to try an issue on mala fide alleged in the plaint, It may, at least in some cases, be seen that hardship, or even injustice, may result if, in spite of evident truth in the allegation of mala fide, the suit is held t......is held to be not maintainable because there is a bar against such suit in the statute concerned, But, seeker of justice in a court of law should become aware, if not already so, that justice is done according to law. A Judge may have sympathy for a litigant's suffering due to technicalities of law ......e plaintiffs in performing their functions till disposal of the suit. By order No. 8, the defendants by an order of ad-interim injunction, are restrained from holding any discussion on agenda No. 6 to the notice of the Annual General Meeting No. BHMMA K(23)/2002‑2003/65 dated 13-11‑2002. 2....... imposed by section 12 of the Trade Organisation Ordinance of 1961 (Ordinance No. 45 of 1961), the suit is not maintainable and since it is barred under the said provision, the learned Judge erred in law in not rejecting the plaint. So far the orders of injunctions are concerned, the learned Advocat..Category: Civil Law | Date: | Hits: 74
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
....law. We unsuccessfully looked for the Criminal Rules and Order. We were told, the Rules are not available. Non availability of the Rules indicates another limitation in the administration of criminal justice delivery system in the country. However, it may be mentioned here that in the suo motu first......After investigation the police found no case was established against said Giasuddin or his son. Rather, they found a prima facie case against the informant Joynab Begum and her husband Abdur Rouf and accordingly, submitted a charge-sheet against them under sections 302/201/109 of the Penal Code. O......54; Aghnoo Nagesia Vs. State of Bihar, AIR 1966 SC 119; Hasib Vs. State of Bihar, AIR 1972 SC 283. Lawyers Involved: Nurul Islam Chowdhury, Advocate‑For the Appellant. Sk A Awal, Deputy Attorney‑General‑For the State. Criminal Appeal No. 2261 of 2001. Judgment Md. Abdur Rash......th eyes of Abdur Rouf. After staying some days in hajat, he was released on bail. 2/3 months, after, he went to the village with his daughter Firoja Begum and stayed in the house of his father‑in‑law. 3/4 days thereafter, they came to his house and at the time he went to Ryanda Bazar. Abdur Rouf..Category: Criminal Law | Date: | Hits: 44
Rustom Ali and others Vs. Hasen Ali and others, 2011, 40 CLC (AD)
....ely, after keeping Photostat copies of all those documents in the office, duly attested by the Registrar. Ed. This Order is also Reported in: 16 BLC (AD) (2011) 34 & 19 BLT (AD) (2011) 53. ......ely, after keeping Photostat copies of all those documents in the office, duly attested by the Registrar. Ed. This Order is also Reported in: 16 BLC (AD) (2011) 34 & 19 BLT (AD) (2011) 53. ......(2011) 53. ...... of the certified copy and others who are responsible for the fraud under section 195(1)(c) read with section 476 of the Code of Criminal Procedure and for taking necessary actions in accordance with law. 7. Let the concerned original certified copy bearing P.C.No. 941 of 2009 of the judgment and..Category: Criminal Law | Date: | Hits: 70
Kawsar Alam Khan Vs. State, 2000, 29 CLC (HCD)
....ry. 9. In view of the peculiar circumstances of the case and the fact that the appellant is in custody for 18 months without trial as the cases are yet to be made ready for trial, we think ends of justice would be met if the appellant is allowed bail. 10. Accordingly, both the appeals are allo......pellant does not leave Bangladesh without permission of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298.......t Vs. State ……………..Respondents Judgment April 3, 2000. Lawyers Involved: Tofail Ahmed with AKM Shamsul Huq, Advocates—For the Petitioner. Syed Abu Kowsar Assistant Attorney-General with Khandakar Mahbub Alam, Assistant Attorney-General—For the State. Criminal A......adesh for a short visit leaving his wife and minor children in the USA and that at the instance of his enemies the police out of greed and avarice cooked up false cases against the appellant who is a law abiding and peace loving citizen having no criminal record. He further submits that the allegati..Category: Criminal Law | Date: | Hits: 54
Abdul Hoque (Md.) Vs. Md. Abdul Gani alias A Gani, 2000, 29 CLC (HCD)
....iction in cancelling appointment of and or removing the petitioner from the office of Mutwalli. The District Judge by the impugned judgment and order equally erred in law which resulted in failure of justice in dismissing the appeal and confirming such illegal order of the Waqf Administrator. 15.......nce, the impugned judgment and order of the court of appeal below confirming the illegal order of the Waqf Administrator cancelling the appointment of the petitioner cannot be sustained in law and is accordingly set aside. For the reasons stated above, the Rule is made absolute. No costs. The ......d Order dated 8-11-86 passed by Additional District Judge, 1st Court Dhaka in Miscellaneous Appeal No.518 of 1984 dismissing the appeal and confirming the order dated 25-11-84 passed by the Administrator of Waqfs of Bangladesh passed in Natu Mallick Waqfs Estate EC No.9157 cancelling this earlier or......ction 115 of the Code of Civil Procedure and obtained the Rule as stated above. 8. Mr. Ashfaqul Islam, Advocate appearing for the petitioner mainly submitted that the Count of Appeal blow erred in law in affirming the decision of the Waqf Administrator by cancelling the appointment of the petitio..Category: Trust/Waqf Law | Date: | Hits: 174
Sobha Rani Biswas Vs. State and others, 1999, 28 CLC (HCD)
....itted the accused of the charges levelled against them. In the result, the Rule is discharged. Let the LC Records be sent down once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 293.......econdly, submits that the admitted signatures of any of the parties were not taken on the order of the Court or in presence of the Coat, contrary to the provisions of law. 11. He next submits that according to the prosecution the thumb impression of Kallani Rain Biswas and Sreemati Santilata Joar....... 416 of 1981 (Trial No.127 of 1985) arising out of Jhenaidah PS Case No.19 dated 30-8-81 convicting the accused under different sections i.e. 419/467/471 and 109 of the Penal Code and sentenced them to various terms of imprisonment ranging from 6 months to 2 years. 2. The complainant petitioner ......mined by the defence. 10. He secondly, submits that the admitted signatures of any of the parties were not taken on the order of the Court or in presence of the Coat, contrary to the provisions of law. 11. He next submits that according to the prosecution the thumb impression of Kallani Rain B..Category: Criminal Law | Date: | Hits: 51
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
....“Law on Partition”, Third Edition, published by Dhaka Law Reports, without citing the case law or elaborating the facts therein which has caused a failure in the decision occasioning a failure of justice. The learned Advocate further submits that the superior Courts of this sub-continent liberal...... the suit property to the plaintiff opposite party No. 1 the Tahbildar brothers disclosed the fact to the plaintiff and asked the defendant petitioner to pay rent to the plaintiff opposite party, and accordingly, the plaintiff opposite party got possession of the suit land through tenant, namely, th......r partition of the suit property against the petitioner and opposite party Nos. 2-11 alleging, inter alia, that the suit property consists of three plots, namely, plot Nos. 29, 40 and 41 appertaining to RS Khatian Nos. 568 and 960 of Mouja No. 118, Faridpur Town, along with structures thereon which ......o not proper for the trial Court to arrive at such a finding relying on the notes appearing in the book, “Law on Partition”, Third Edition, published by Dhaka Law Reports, without citing the case law or elaborating the facts therein which has caused a failure in the decision occasioning a failur..Category: Administrative Law | Date: | Hits: 210
Rupali Bank Ltd. Vs. Chairman, Second Labour Court, Dhaka, 2001, 30 CLC (HCD)
.... be absorbed in permanent posts, on preferential basis, as and when such posts are available or created. There will be no order for costs. Ed. This Case is also Reported in: 54 DLR (2002) 602.......ecord, the nature of works done by the petitioners and the submission made by the learned Advocates of the respective parties held that the petitioners are permanent workers appointed by the Bank and accordingly, directed the petitioner Bank to allow the petitioners benefits in accordance with law. ...... No. 1303 of 1996, Writ Petition No. 1657 of 1998, Writ Petition No. 4186 of 1998 and Writ Petition No. 4092 of 1998. Judgment SAN Mominur Rahman J. - These 4 (four) writ petitions are taken up together as the issue involved is the same and in all these petitions, the petitioner is Rupali Bank......ates of the respective parties held that the petitioners are permanent workers appointed by the Bank and accordingly, directed the petitioner Bank to allow the petitioners benefits in accordance with law. 4. Being aggrieved the Bank moved this Court and obtained the Rules. 5. On behalf of the ..Category: Labour and Industrial Law | Date: | Hits: 134
Habibur Rahman Hawlader Vs. State and another, 2000, 29 CLC (HCD)
....re is a misconceived one. In the result the Rule is discharged, stay granted earlier by this court is thus vacated. Communicate the order. Ed. This Case is also Reported in: 55 DLR (2003) 199.......re is a misconceived one. In the result the Rule is discharged, stay granted earlier by this court is thus vacated. Communicate the order. Ed. This Case is also Reported in: 55 DLR (2003) 199.......with Md. Ali Zinnah, Advocates-For Opposite party No. 1. Criminal Miscellaneous Case No. 1813 of 2000. Judgment Md. Munsurul Haque Chowdhury J.-By this Rule opposite parties were called upon to show as to why the Complaint Case No. 461/99 now pending in the court of Magistrate 1st Class Nar......le Instruments Act a cheque is to be presented to the Bank within a period of six months from the date on which it is drawn or within the period of validity which even is earlier. There is nothing in law specifying that a cheque can be presented only once within six months from the date of issuance ..Category: Banking Law | Date: | Hits: 191
Abdur Rahman Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....n the same day and considering the difficulties the learned Advocate to accommodate the petitioner agreed to get the petitioner alone examined on the day and he then submits that thereby the doors of justice cannot be shut by refusing to allow the petitioner to adduce further evidence in order to gi......e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196.......inistry of Works and another……………………….Respondents Judgment November 2, 2002. Lawyers Involved: M Saleem Ullah, Advocate‑ For the Petitioner. MA Azim Khair, Deputy Attorney-General-For Respondent No. 1. Writ Petition No. 6076 of 2000. Judgment Amirul Kabir ......ow cause as to why order dated 29‑10‑2000 passed by the Court of Settlement No. 1 in Case No. 15 of 2000 (Ka‑1 Tejkunipara, Dhaka) (Annexure-C) should no be declared to have been passed without lawful authority and to be of no legal effect. 2. The petitioner Abdur Rahman filed an applicatio..Category: Property Law | Date: | Hits: 59
Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)
....e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ......e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ......desh Vs. Roushan Ara Begum, 57 DLR (AD) 167. Lawyers Involved: AK Badrul Huq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellant. Ekramul Haque, Assistant Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Respondent No.2. Not Repres......ned Counsel appearing for the appellant argued that in view of the decrees passed in title Suit Nos. 113 of 1980, 408 of 1982 and 213 of 1985, the learned Judges of the High Court Division erred in law in not holding that the listing of the disputed property is hit by section 5 of Ordinance No. LI..Category: Property Law | Date: | Hits: 65
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