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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.......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......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...Category: Criminal Law | Date: | Hits: 24
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
....e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances 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 ......ing a presumption of benami. 7. In reply Mr. M. Fazlul Karim, the learned Advocate appearing on behalf of the respondents submits that the learned Subordinate Judge has considered all the material facts and circumstances taken into consideration by the trial Court and in consideration thereof fou..Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......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 ......I do not find any reason to hold that the settlement under Ext. 6 was a completed and final one and on the basis of the same any title accrued to the appellant in the disputed land. In "view of these facts and circumstances of the present case the decision relied upon by the learned Advocate has got..Category: Property Law | Date: | Hits: 36
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
.... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18....... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18....... the decision of the Appellate Division of this Court in the case of Abdul Latif Mirza vs. Govt. of Bangladesh reported in 31 DLR (AD) 1979 P-1. In that case, it has been held as follows: From the facts on record, it appears that between 22.5.74 and 24.5.74 there is a gap of two clays when there ..Category: Criminal Law | Date: | Hits: 40
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. ......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......by examining one witness, O.P.W. 1 Kamaluddin, have seriously disputed the appellant's contentions regarding the happenings between 7.9.80 to 20.12.80. 8. It is in the background of these peculiar facts and circumstances of the present case, that Mr. Khondker Mahbubuddin Ahmed submits that a form..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. ......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...... or otherwise, be heard in answer to the suit as if he had appeared on the day fixed for his appearance." 6. Mr. Ahmed submits that even the provisions of Order 9, rule 7 are not applicable to the facts and circumstances of the case. He submits that when ex parte proceedings come to a close and t..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. ......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......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. ..Category: Banking Law | Date: | Hits: 122
Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)
....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. ......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......be declared to have been issued illegally and without any lawful authority and also without appreciating the factual position leading to the sale of abandoned (wreck) and the goods therein. 2. The facts of the case are as follows: The petitioner is a proprietor of the firm Marine Salvage deali..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. ......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......ssion from the Court for any deposit but the same is not available to any litigant in a suit filed under the Artha Rin Adalat Ain. 16. For deciding whether this decision has any application in the facts and circumstances of the present case, we intend to examine the provision of section 17 and 17..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....so with regard to the statements made by the Home Minister in course of question and answer hour in the Parliament on a question put by lady Parliament Member. These statements in Bengali in fact are identical with the statements which we have seen mentioned above published in the two Daily English ......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......and Television. So, for the impugned statements the Home Minister cannot enjoy privilege and protection as contemplated under Article 78 of the Constitution. 10. In the background of the aforesaid facts Mr. Moudud Ahmed, the learned Advocate appearing for the petitioner, submits that he is moving..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....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. ......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......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. ..Category: Criminal Law | Date: | Hits: 106
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11....... years which also supports the contention made in the petition. The learned Deputy Attorney-General submits that of these listed prisoners there are also prisoners who have been already convicted but facts remain that they have the right to file appeal. It has been submitted that some Jail Appeals a..Category: Criminal Law | Date: | Hits: 45
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. ......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......on on behalf of respondent No.1 Moulana Delwar Hossain Saydee in First Miscellaneous Appeal No.144 of 1997 is for an order dismissing the appeal on the preliminary point of maintainability. 2. The facts of the case, in short, are that the election in constituency No.129, Pirojpur-1, took place on..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. ......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......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. ..Category: Criminal Law | Date: | Hits: 35
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......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 ......petitioner, referred to the case of Ramijan Ali Ministry Vs. Md. Hedayetullah reported in 31 DLR (AD) 183 wherein the above principle of law has been elaborately discussed and settled. In view of the facts and circumstances and the position of law as decided in 31 DLR case I cannot hold any opinion ..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....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. ......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. ......session. 8. On the other hand, by filing an affidavit-in-opposition, Mr. Jamiruddin Sircar took much pain to take me through the plaint and the depositions of the witnesses and submits that in the facts and circumstances, the date of dispossession must be held to be the date i.e. 31-05-96 when th..Category: Civil Law | Date: | Hits: 82
Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)
....e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......Constitution is for leave to appeal against the judgment and order dated 3-3-2009 passed by the High Court Division in Criminal Miscellaneous Case No.5373 of 2008 discharging the rule. 2. Relevant facts are that the accused petitioner was facing trial in Sessions Case No.2280 of 2007 arising ou..Category: Criminal Law | Date: | Hits: 34
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....huts/infirm homes/retarded homes providing food, shelter, medical facilities and clothing and be given vocational training so that they could earn their own livelihood in course of time. 18. In an identical matter, this Court, in the case of Ain-o-Salish Kendro (ASK) Vs. Government of Bangladesh,......of mud from the eastern to the western side of the said Basti. They earn livelihood by driving rickshaw/van pulling cart and some are employed as daily labour in the construction sectors. The land in question was acquired in LA Case No. 159/61-62 by the Government for implementation of different pro......frul, District Dhaka, without due process of law should not be declared illegal and without lawful authority being contrary to right to life as mandated by Article 32 of the Constitution. 2. Short facts leading to this Rule are that the petitioner No.1, Bangladesh Legal Aid and Services Trust (br..Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ......aster of BTV. She is an accomplished lady. She attended the General Session of the United Nations as a member of the Bangladesh Delegation. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as printer and publisher of 'Manabjamin...... after disposal of a case on merit, is not only improper but is contempt. See also PLD 1961 (WP) Lah 51, AIR 1941 BOM 228. So, his conduct both before and after the disposal of the appeal, in the facts and circumstances of the case, amount to gross contempt. 157. In a signed article, "The n..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ...... plan of the sector concerned either to eliminate or curtail park, play ground and other community facilities enjoyed by the allottee residents of the sector concerned. Since in both the Rules common question has been raised these are being disposed of by this judgment. 5. Relying on clause 21 of......0-5-99 at present 7.12 acres of land is vacant. In spite of service of copy of the same respondent Nos.1 and 2 did not deny the assertion made in the said supplementary affidavit. 11. In the above facts and circumstances we are of the view that 7.12 acres of vacant spaces shown in the supplementa..Category: Property Law | Date: | Hits: 55
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