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Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....ve mere declaration of title in the suit property without seeking further declaration either that the impugned decree was not binding on him being collusive or void ab initio and as such his suit for mere declaration of title was not maintainable………………&h......r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ......(a) and 2(a) and thereupon he made enquiry to ascertain the correctness of the claim of the defendant No. 1 and got the trace of a fraudulent Rent Suit No. 732 of 1954, said to have been filed by the plaintiff and a compromise decree was passed therein. It was the case of the plaintiff that the decr..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....cial status the defendants can realise the actual cost of the construction only from the plaintiff’s i.e. Taka 24,535.77 (Taka twenty-four thousand five hundred thirty-five seventy-seven paisa) for each semi pucca tin shed house.” 3. The case of the plaintiffs, in short, is that pla......mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ......he allotment letter No. 150/93/6296 dated 28-8-93 is (sic) issued by the office defendant No. 4 is illegal, malafide and made without any lawful basis and has no legal effect and not binding upon the plaintiffs. (ii) To pass necessary order or orders directing the defendants as per report of de..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....gned judgment and order dated 13-5-98 passed by the Assistant Judge, 1st Court Dhaka in Title Suit No.134 of 1998 should not be set aside. 2. Brief facts are that, the petitioner instituted the aforesaid suit praying for a decree of permanent injunction restraining the defendant opposite partie......t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ......er instituted the aforesaid suit praying for a decree of permanent injunction restraining the defendant opposite parties from entering into the suit land and disturbing the peaceful possession of the plaintiff therein stating, inter alia, that the suit land, which consists of 54 decimals of land in ..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
.... 1898), Section 494
It is well settled that consent mentioned in section 494 of the Code of Criminal Procedure is not to be given mechanically. The Court is to exercise its function judicially before giving such consent, which implies that the Court will have to examine the materials on which t......application for withdrawal was liable to be rejected and the High Court Division committed wrong following the case of Taskimuddin Vs. State reported in 25 DLR 174 which decision was given before the amendment made in section 6(1) of the Prevention of Corruption Act, 1947. The amendment was made in ....../420/466/468/ 471 of the Penal Code allowing the prosecution to withdraw from the said case pending against the respondents.
2. The short fact leading to this appeal is that appellant filed a complaint before the District Anti-Corruption officer, Chittagong alleging that respondent Nos. 1-3 in ..
Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
..... The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Anticipatory Bail Per A.T.M. Afzal: Generally speaking the main circumstance as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and mater......ort on 24-9-1969 pointed out the necessity of introducing a provision in the Code enabling both the High Court and the Court of Sessions to grant anticipatory bail. In pursuance of the report, the amendment came in the Code of Criminal Procedure in the Indian jurisdiction. The Law Commission in ......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Lutful Karim and others Vs. Shahidullah and others, 1999, 28 CLC (AD)
....review petitions are also barred by thirteen days consequently both the review petitions are dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 311. ......he learned Advocate .The review petitions are also barred by thirteen days consequently both the review petitions are dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 311. ...... the judgment and order dated 15-3-1998 passed by this Court in Civil Petition for leave to Appeal Nos.57 and 58 of 1998.) Judgment Latifur Rahman J. - These two petitions for review by the plaintiff-petitioners are against the judgment and order of this Division passed in Civil Petition f..Category: Procedural Law | Date: 4 Feb, 1999 | Hits: 7
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....ment December 3, 1998. (i) Muslim Law-Divorce and Maintenance-Meaning of ‘Mataa’ Per A.T.M. Afzal CJ: Mataa is something to which a divorced woman is entitled and which the former husband is under an obligation to pay seems to follow naturally from the Ayat (241, Sura Baka......r and the impugned judgment took both the parties by surprise. The wife-respondent must have taken it as a windfall and the husband-respondent took it as a bolt from the blue. There was no prayer for amendment of the plaint, not even in this Court. If in revisional jurisdiction the High Court Divisi......he suit and not beyond. Learned Judges’ interference with the appellate decree reducing the amount to Taka 600.00 per month for the maintenance of the son was legally bad on principle, for, the plaintiffs never complained against the said reduction.……….(65 and 69) Per..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
....g of 10 members of whom 4 (four) are i.e. elected by the Guardians, 2 (two) by the teaching staff, 1 (one by the founders, 1(one) by the Donors and 1 (one) is nominated by the department of Education for the category of persons interested in education while the Headmaster of the School acts as ex of...... authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
...... Intermediate Secondary, Jessore) for approval.
4. Respondent No.6 recommended the elected Managing Committee and sent the same to respondent No.1 for approval but the Board having received a complaint from respondent Nos. 3 and 4 called a report from respondent No. 6. Whereupon respondent No. ..
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)
....on No. 864 of 1997. Judgment Gour Gopal Saha J.- In this Rule the order dated 26-11-96 passed by the Senior Assistant Judge, Jamalpur in OC Execution case disallowing the petitioner’s prayer for making amendment in the schedule of the plaint and a corresponding amendment in the execution ca......of 1997. Judgment Gour Gopal Saha J.- In this Rule the order dated 26-11-96 passed by the Senior Assistant Judge, Jamalpur in OC Execution case disallowing the petitioner’s prayer for making amendment in the schedule of the plaint and a corresponding amendment in the execution case under se......al Saha J.- In this Rule the order dated 26-11-96 passed by the Senior Assistant Judge, Jamalpur in OC Execution case disallowing the petitioner’s prayer for making amendment in the schedule of the plaint and a corresponding amendment in the execution case under section 151 of the Code of Civil Pr..Category: Property Law | Date: 12 Jul, 1998 | Hits: 31
Lutful Karim and others Vs. Shahidullah and others, 1998, 27 CLC (AD)
....ructed by Sharifuddin Chaklader, Advocate-on-Record—For Respondent No.1 (In both the Petitions). Not represented—Respondent Nos.2-17 (In both the Petitions). Civil Petition for Leave to Appeal Nos.57 and 58 of 1998. (From the judgment and order dated 19-8-97 passed by......session has been erroneously not decided by the lower appellate court. For the above reasons, these petitions are dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 84. ......460 of 1995). Judgment Latifur Rahman J. - Civil Petition for Leave to Appeal Nos.57 and 58 of 1998 are disposed of by a common judgment as the fact and law involve therein are similar. The plaintiff petitioners filed Title Suit Nos.43 and 44 of 1991 in the Court of Assistant Judge, Chatkh..Category: Civil Law | Date: 15 Mar, 1998 | Hits: 5
Tarani Mohan Gosh and 2 others Vs. State and another, 1998, 27 CLC (HCD)
....l Revision No.754 of 1995. Judgment Mohammad Gholam Rabbani J.- This Rule has arisen out of the following circumstances: One Gobindra Prashad Das on 19‑1‑92 filed a complaint petition before the Court of Senior Special Judge and the Court of Sessions Judge, Cox's Bazar, alleging th......sfied with the allegations made in the complaint petition filed by Gobinda Prashad Das registered as Special Case No.1 of 1992. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 575. ......arty. Criminal Revision No.754 of 1995. Judgment Mohammad Gholam Rabbani J.- This Rule has arisen out of the following circumstances: One Gobindra Prashad Das on 19‑1‑92 filed a complaint petition before the Court of Senior Special Judge and the Court of Sessions Judge, Cox's ..Category: Anti-Corruption Laws | Date: 12 Feb, 1998 | Hits: 134
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
..........Respondents Judgment November 6, 1997. Result: The appeal is allowed. The Contract Act, 1872 (IX of 1872), section 7 Defendant floated a tender inviting offers for setting its property to which plaintiff offered to purchase the same and sent a bank draft for 2......erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ...... November 6, 1997. Result: The appeal is allowed. The Contract Act, 1872 (IX of 1872), section 7 Defendant floated a tender inviting offers for setting its property to which plaintiff offered to purchase the same and sent a bank draft for 2% of the offered price and though ..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
....Opposite party Judgment August 12, 1977. Result: The rule is made. Cases Referred to- Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Shah Alam Vs State, 28 DLR 448; Zaforul-Ahsan Vs. Republic of Pakistan, (1960) 12 DLR (SC) 9; Solicitor Vs. A.T. Mridha, 26 DLR (SC) 1......s" give a retrospective effect to the offences created under Martial Law Regulation 11 immediately before the proclamation was issued. This view that we have taken further finds support from the amendment of Regulation 11, Regulation 1 of 1975 by Regulation XXXII of 1976 regarding the persons w......ate reported in AIR 1960 (SC) 866. where their Lordships of the Indian Supreme Court held as follows; “Cases may also arise where the allegations in the First Information Report or shat complaint even if they are taken at their face value and accepted in their entirety, do not constitute ..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Akbar Hossain Khan (Md.) and another Vs. Md. Awlad Hossain Khan and another, 1997, 26 CLC (HCD)
....he Code of Civil Procedure setting aside the ex parte decree dated 28‑9‑89 passed in SCC Suit No.157 of 1985 of the 1st Court of Assistant Judge and SCC Judge, Dhaka. 2. Short facts relevant for the disposal of this case are that, the petitioners as plaintiffs instituted a suit for eviction......89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ......e dated 28‑9‑89 passed in SCC Suit No.157 of 1985 of the 1st Court of Assistant Judge and SCC Judge, Dhaka. 2. Short facts relevant for the disposal of this case are that, the petitioners as plaintiffs instituted a suit for eviction of the defendants in the 1st Court of Assistant Judge and ..Category: Tenancy Law | Date: 17 Jun, 1997 | Hits: 126
Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)
....r Rahman and Habibullah Bhuiyan should not be quashed or such other or further orders passed as to this Court may seem fit and proper. 2. Heard Mr. Shawkat Ali Khan, the learned Advocate appearing for the petitioners and Mrs. Sufia Khatun, the learned Assistant Attorney-General appearing for the ......e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ......e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ..Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....to the intervention of some other lawyers present in Court, into issues of wider dimensions, namely, how and in what manner the proper law of contract in a given case is to be construed, whether a foreign arbitral award is enforceable in Bangladesh, whether the Agreement is opposed to public pol......nted as General Sales Agent (GSA) of the respondent initially for the District of Sylhet, later extended to the Districts of Chittagong, Chittagong Hill Tracts, Noakhali and Comilla by a letter of amendment signed and executed between the parties, also at Dhaka, on 31-3-83. Two clauses of the Ag......free to ask for a stay of the suit, pending arbitration, and it is for the local Court having regard to all circumstances, to arrive at a conclusion whether sufficient reasons are made out (by the plaintiff) for refusing to grant a stay. (Michael vs. Serafuddin, AIR 1963 (SC) /044 and also MA Ch..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....ation Testing Laboratory Chittagong (Annexure‑D). 2. Facts leading to the issuance of this Rule are as follows: Respondent No.6, Danish Condensed Milk Bangladesh Limited opened LC dated 7‑8‑94 for importing 500 metric tons of skimmed milk powder from Datraco BV Netherland (Holland). Out of 50......rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ......diction, Plaintiff also prayed for a decree for mandatory injunction directing the respondent No.4 for re‑testing the goods as per letter dated 204‑95. Thereafter on 1‑7‑95 prayer of the said plaintiff for temporary mandatory injunction was rejected by the Assistant Judge. Being aggrieved by..Category: Health Law | Date: 1 Jul, 1996 | Hits: 272
....ort, may be stated as follows:-
The Government of the People's Republic of Bangladesh decided to construct some flyovers in the city of Dhaka, one at Mohakhali and another at Banani and for this purpose they floated tenders from intending contractors. Many contractors including th......o counts; firstly it is barred by limitation as provided by article 158 of the Limitation Act and secondly for non compliance of the proviso to section 33 the Act which has been added to it after the amendment of the aforesaid section by virtue of provision of law Reforms Ordinance, 1978. ......shy;diction and a nullity in the eye of law.
In the facts and circumstances of the case there will be no order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 105.
..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Jasimuddin (Md.) and 2 Others Vs. Md. Humayun Kabir, 1995, 24 CLC (HCD)
....Khorshed Alam, Advocate ‑ For the Opposite Party. Criminal Miscellaneous Case No.826 of 1995. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the 2nd party petitioner for quashing the order dated 27‑4‑1993 passed by the Metropolitan Magistrate Dhaka in Petition ......gs in question. In the result, the Rule is made absolute and proceedings of Petition Case No.253 of 1993 is quashed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 578. ......he learned Advocate of the petitioners that a Civil suit is pending between the parties over the disputed land and a civil Court has passed an order of injunction finds support from the copy of the plaint and a notice of temporary injunction issued on 29‑3‑93. From the said notice it appears ..Category: Procedural Law | Date: 28 Aug, 1995 | Hits: 3
Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)
....ner (In all Revisions). SR Paul with Bazlur Rahman Chhana and Momtazuddin Fakir, Advocates-For the Opposite Party No.1 (In Criminal Revision Nos. 88, 89 and 90 o 1987). Md. Khurshid Alam Khan, for Alimuzzaman Chowdhury, Advocates ‑ For the Opposite party No.1 (In Criminal Revision No. 104 o......on 21 of the Penal Code or section 2(b) of the Criminal Law Amendment Act, 1958. I1. Section 21 of the Penal Code defines "a public servant". There are as many as 12 clauses in that section after, amendment by section 2 of Ordinance No. X of 1982. Twelfth clause of the said section 21 after the s......er Industries Limited and co-accused Saidul Islam Khan (Tutul) is the Accountant of M/s Rahim Metal Industries Limited purchased by the said Master Industries Limited from the Government. 4. In complaint Case No.761a1 of 1984 which gave rise to Special Case No.60 of 1986 complainant opposite part..Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99
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