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Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
.... earlier suit. 60. But what would happen if the Government ignored the declaration in respect of the suit land. The answer is the plaintiff can bring a fresh suit for possession, or he can bring a contempt proceeding relying on the aforesaid decision and the case of Secretary of State Vs. Roburt ......evision No.1714 of 1992). Judgment Mohammad Fazlul Karim J.- Since both the appeals are between the same parties involving substantially the same facts and points of law the same were taken up for hearing together and accordingly disposed of by this single judgment. 2. Civil Appeal No.45 o......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
.... Syed Amirul Islam J.—This Rule was issued calling upon the opposite parties in following terms: "Let a Rule be issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn up against them for willful disobedience in handing over the......lling upon the opposite parties in following terms: "Let a Rule be issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn up against them for willful disobedience in handing over the delivery of the machinary despite order of stay granted...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......SC) 278; State Vs. Nurul Islam, 31 BLD (HCD) (2011) 285. Lawyers Involved: Muhammad Jamiruddin Sircar with Md. Munsurul Haque Chowdhury, Idris Khan, Md. Saifuddin Mahmud and Md. Zahirul Islam - for the condemned-prisoners (In Death Reference No. 20 of 2008). Nahid Sultana, State Defence Law...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......ces of acquisition, is explicable fully by the proximity of those consequences and need have no connection whatsoever with either it is voluntary nature, or the truth of the facts stated. The learned Judges were perfectly right in first deciding those two questions and the answer being in the affirm..Category: Criminal Law | Date: | Hits: 98
.....
Shamsur Rahman, Deputy Inspector General of Prisons, Dhaka Central Jail…………………………Contemner
Judgment
May 31, 1989.
Result:
The contemner is found to be guilty of contempt of Court.
Lawyers Involved:
Md. Aminul Hoque, Advocate - For the Petitioner.
Raf......Court was issued calling upon the opposite party No.3 Mr. Shamsur Rahman, Deputy Inspector-General of Prisons, Nazimuddin Road, Dhaka Central Jail, Dhaka to show cause why he shall not be committed for Contempt of Court for willfully violating and disregarding the orders of this Court to relea......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
..
Category: Criminal Law | Date: | Hits: 124
Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)
....er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......te parties to show cause as to why the impugned judgment and decree dated 31.3.88 passed by the learned Subordinate Judge, Bhola in Title Appeal No.59 of 1985 should not be set aside. 2. The facts for disposal of the Rule are as follows: One Sekander Ali, the predecessor-in-interest of the oppo......er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500....... proper Court. A Division Bench of a Madras High Court set aside the order of the trial Court and directed to take the suit lying in his file and dispose of the suit according to law. The two learned Judges of the Madras High Court agreed on the result; but so far as sections 16 and 17 of the Code o..Category: Property Law | Date: | Hits: 136
....ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
......ate Judge, 4th Court, Dhaka in Money Suit No.25 of 1967.
2. The plaintiff’s case, in brief, is that the plaintiff Bata Shoe Company placed an order with defendant No.1 Mercantile Trading Company for supply of certain quantity of wired glass to be delivered at the factory premises of the plain......ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
......of the Marine Insurance Act, the insurer is not liable for the loss occasioned by an inherent vice in the thing itself, Inherent vice has been interpreted by various English Courts. The learned Judges have held that spontaneous combustion, disease, decay or fermentation by which process by t..
Category: Business or Commercial Law | Date: | Hits: 325
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......nvolving substantial questions of law as to the interpretation of the Constitution. The learned Additional Attorney-General having already entered appearance on being called upon to assist the Court, for the expeditious disposal of the Rule the personal service of the copy of the Rule on the respond......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......and has been challenged by way of writ in the nature of quo‑warrnto. 8. Mr. Amir-ul lslam, the learned Senior Counsel appearing for the petitioner, opened his argument with the premises that the Judges of the Supreme Court are in the service of the Republic and in this regard he drew our attent..Category: Constitutional Law | Date: | Hits: 353
.... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
......bordinate Judge and Artha Rin Adalat No.2, Dhaka in Title Suit No.2 of 1995 should not be set aside.
2. The short fact leading to this Rule is that, Opposite Party No.1 as plaintiff instituted the aforesaid suit for realisation of Taka 93,35,483.00 from this petitioner by sale of the property ment...... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
......t. If we examine the provisions of the Act we find that an appeal shall lie against a judgment and decree of the Artha Rin Adalat to the High Court Division. Section 4(2) of the Act provides that the Judges of the Artha Rin Adalat will be appointed from amongst the Subordinate Judges with consultati..
Category: Civil Law | Date: | Hits: 135
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ...... instance of the defendants calls in question the judgment decree dated 17-7–95 allowing Title Appeal No.88 of 1993 by the learned Subordinate Judge, Noakhali and decreeing Title Suit No.43 of 1991 for declaration that kabala deed No. 3467 executed on 28-6-1947 by Cherag Ali Pandit predecessor-in-......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ..Category: Procedural Law | Date: | Hits: 103
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ...... Golap Barua to Indian Government should not be stayed. 2. This petition is founded on the facts: the petitioner is actively involved with issue of Human Rights at home and abroad. He is concerned for violation of Human Rights, viz, torture, arbitrary arrest, extra-judicial killings, involuntary ...... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ......on of the President that the security or economic life of Bangladesh or any part thereof is threatened by war or external aggression or internal disturbance. In that case of M Saleemullah the learned Judges have observed: “For the purpose of disposal of this petition Article 25(1)(b) is relevan..Category: Constitutional Law | Date: | Hits: 421
....ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
...... directed against the judgment and order dated 9-3-92 passed by the learned Subordinate Judge, Chandpur in Miscellaneous Case No. 59 of 1990 filed under section 24 of the Non-Agricultural Tenancy Act for pre-emption of the case land.
2. The short fact leading to this appeal is that the respondent......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......application for a number of independent sales. It has been held that the scheme of section 96 of the Act would show that the intention of the legislature is also very clear on this point. The learned Judges after consideration of the relevant laws, including the Code of Civil Procedure, ultimately c..
Category: Property Law | Date: | Hits: 113
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......itional Attorney-General, Kaiseruddin Ahmed, Deputy Attorney‑General, Bazlur Rahman Chhana, Assistant Attorney‑General‑For the Respondents (In both the writ petitions). Syed Ishtiaq Ahmed, former Attorney‑General, Khondaker Mahbubuddin Ahmed, Senior Advocate, Kamal Hossain, Senior Advoc......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......comment on it. But this can be said that if the argument of Mr. Amirul Islam is accepted, then there will be total constitutional crisis and legal vacuum which will place the country nowhere. We, the Judges of this Court at die time of appointment, have taken oath to preserve, protect and defend the..Category: Criminal Law | Date: | Hits: 202
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....atedly get elected without facing the poll and thereby the institution of democracy as well as the society will suffer and at the same time victim of this illegal activities will be frustrated and contempt for law will develop. In the result the Rule is made absolute and the election result i...... filed by the petitioner and the order dated 2‑1‑2003 passed by the respondent No.5 rejecting the nomination paper filed by the petitioner and also the Memo dated 9‑1‑2003 declaring the pro forma respondent No.6 as uncontested Chairman, shall not be declared void and is of no legal effect....... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420....... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420...Category: Election Law | Date: | Hits: 211
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ...... Cases Referred to- Tukaram Ganpat Pandare Vs. State of Maharashtra, AIR 1974 SC 514; Barendra Kumar Ghosh Vs. King Emperor, AIR 1925 PC 1. Lawyers Involved: Ahmed Ali, Advocate, for the appellants (In both the appeals and in opposition to the reference). Moazzem Hossain, ......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......and Mainuddin. Along with Reference No.1 of 1985 and Jail Appeal No. 32 of 1988 it earlier came up before a Division Bench of this court comprising Md. Abdur Rouf and Syed Fazle Ahmed JJ. The learned Judges dismissed the Jail Appeal preferred by the condemned prisoner, Abul Khair, and accepted the r..Category: Criminal Law | Date: | Hits: 116
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......ing to GR Case No.377 of 1998 convicting the appellants Niranjan Malaker and Shyama Kanta Das and two others under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and also to pay fine of Taka 5,000 in default to suffer rigorous imprisonment for one year ......erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......" 31. Mr. Tabarak Hossain has referred to another decision held in the case of Mohd. Luqman Vs. State, PLD 1970, Supreme Court 10. The decision runs as under: “With due respect to the learned Judges, it may be said that a finding of guilt against an accused person cannot be based merely on t..Category: Criminal Law | Date: | Hits: 75
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......ha, Khulna allowing an application under Order VII Rule 11(d) of the Code Civil Procedure. 2. At the time of issuance of the rule, operation of the impugned judgment and order was stayed initially for a period of 6(Six) months from date and later on it was extended till date. 3. Facts, relevan......ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......in a preemption case and the learned Assistant Judge rightly rejected the pre-emption of the pre-emptor and the learned appellate Judge on appeal set aside the said order of the learned Assistant Judges by allowing the appeal saying that the learned Assistant Judge committed error of law by re..Category: Procedural Law | Date: | Hits: 88
Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
.... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ...... 50,001/00. Second opposite party, a son, was born out of this wed‑lock on 15.12.87. Subsequently, the petitioner divorced the first opposite party on 10.8.88. 2. On 2.11.88 first opposite party for herself and on behalf of her minor son, the second opposite party, instituted Family Court Suit ...... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ...... antiquity and high authority." 14. This dictum of the Privy Council quoted above pronounced about one hundred years ago in 1897 AD cannot be followed on three grounds. 15. Firstly, the learned Judges in the Privy Council were non‑muslims and they were anxious to decide such issues in accord..Category: Family Law | Date: | Hits: 528
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......ocates ‑ For the Respondent No. 4. Abdur Razzaque with Md. Nawab Ali, Advocates ‑ For the Respondent No. 5. Writ Petition No. 1001 of 1994. Judgment Qazi Shafiuddin J. - Election for the members of the Parliament if held under the umbrella of the ruling party cannot be free and ...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......rmination of questions relating to those limits is once again, in the last resort, a matter of interpretation of the constitution, which function is assigned to the judiciary in our constitution, the Judges in effect become Judges of the limits of their own jurisdiction, power or authority". 25. ..Category: Constitutional Law | Date: | Hits: 344
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......on is dismissed. Lawyers Involved: Qumrul Islam Siddique, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. None represented—For Respondents. Civil Petition for Leave to Appeal No.1810 of 2009. (From the judgment and decree dated the 22nd day of June, 20......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ..Category: Property Law | Date: | Hits: 105
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......5 passed by the Additional Sessions Judge Tangail in Sessions Case No.69 of 1984 convicting the appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer transportation for life. 2. Prosecution case briefly stated is that Hafizuddin P.W.1 as complainant lodged ejaha......ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......t affect the admissibility of the evidence. It, therefore, follows that the irregularity in question cannot affect the admissibility of the evidence of the girl. (2) It is, however, desirable that Judges and Magistrates should always record their opinion that the child understands the duty of spe..Category: Criminal Law | Date: | Hits: 106
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