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Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......From the judgment and order dated 22nd and 29th April, 1993 passed by the High Court Division in Civil Revision No. 1366 of 1992). Judgment: ATM Afzal CJ: The main question raised for decision in this plaintiffs appeal by leave is whether a family court has power under sub-secti......tion of the decree to be made under the Code of Civil Procedure which was refused on the ground that it was for the decree-holder to choose the procedure for execution of the decree. It will not be fair to say that the defendant was making the same prayer for instalments which was rejected earli......r a family Court to allow instalments in course of an execution proceeding, it cannot do so as an executing Court, for; the authority to allow instalments has been vested with the family Court as a trial Court. 7. Ozair Farooq in developing his second submission has argued that a Court execut..Category: Family Law | Date: | Hits: 144
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
.... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ......llate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J. Abul Ahsan, former President of the Chamber of Commerce and Industry, Pabna …………&he......ght for leave by this petition. 2. Syed Ishtiaq Ahmed learned counsel appearing for the petitioner submitted that the Pabna Chamber of Commerce and Industry is a Trade Organisation. Its affairs are conducted by an elective body as per rules framed under the Trade Organisations Ordinance......nder for restraining defendant No. 2 (respondent No. 1 herein) from taking over the charge of the Office of the said Chamber of Commerce and Industry, pending disposal of the suit. The trial Court issued a notice for showing cause within 3 days as to why the temporary injunction as p..Category: Procedural Law | Date: | Hits: 122
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
.... the case for examining any further witnesses on a subsequent date. The prosecution as a matter of fact failed to produce any prosecution witnesses and in such circumstances, the learned Magistrate rightly acquitted the accused-respondents under section 245(1) of the Code. 8. Sub-sec......e, Sylhet in GR Case No. 77 of 1989 acquitting the accused respondent from charges under sections 107/148/ 149/3241323/307/379 of the Penal Code. 2. One Mokhlesur Rahman lodged a First Information Report on 7-11-86 against the accused- respondents alleging, inter alia, that on 6-11-86......s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......aid First Information Report under sections 147/148/149/ 323/324/326/307/114/ of the Penal Code. The said case is pending in the court of Sessions Judge, Sylhet as Sessions Case No. 54 of 1994 for trial. 3. The records of GR Case No. 77 of 1986 was transmitted from the Court of the ..Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....and; the other is an extraordinary Court under an extraordinary system which operates by abrogating or keeping the source of all law, namely, the Constitution suspended. Then again Mr. Hossain has rightly pointed out that as far as recording of evidence is concerned there is a fundamental differ......by a Division Bench of the High Court Division in Criminal Appeal No, 328 of 1986 setting aside the order of conviction under section 302 of the Penal Code and sentence thereunder of transportation for life passed against the two respondents by the learned Sessions Judge, Chandpur on 13-9-1986 in......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ...... 2. At the end of this judgment we are going, dismiss this appeal but we shall be doing it with an agonising feeling that because of sheer incompetence, negligence and bungling at the trial stage in the Special Martial Law Court at Comilla and then in the Sessions Judge’s Cour..Category: Criminal Law | Date: | Hits: 120
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....) The Constitution of Bangladesh, 1972, Article 102(1) Article 102 is a mechanism for the enforcement of Fundamental Rights which can be enjoyed by an individual alone insofar as his individual rights are concerned, but which can also be shared by an individual in common with others when the r......of Article 102 needs guidance: Per Mustafa Kamal J delivering The Full Court Judgment.……………………..(43) Per Latifur Rahman J (agreeing): The Constitution is a living document and therefore its interpretation should be liberal to meet the needs of the time and demands of the people. ......ing? Toward Legal Rights for Natural Objects” by Prof. Christopher D. Stone, 45 C L Rev, 450 (1972). Prof. Stone concluded his essay with stirring note: “How far we are from such a state of affairs, where the law treats “environmental objects” as holders of legal rights, I cannot say. Bu......nor the capacity to approach the courts, to have “sufficient interest” to maintain application under Article 32 or 226 of the Indian Constitution. The subject matters were many and various, under-trial or convicted prisoners, women distress, children in jails and juvenile organizations bonded an..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....hellip;……Respondents Judgment January 26, 1997. The Code of Civil Procedure, 1908 (V of 1908) Section 152 & Order XXII rule 3 It is the right of the heirs of the deceased plaintiff to file in court an application for substitution and a...... 1997. The Code of Civil Procedure, 1908 (V of 1908) Section 152 & Order XXII rule 3 It is the right of the heirs of the deceased plaintiff to file in court an application for substitution and a corresponding duty has been cast upon the court to make them parties in the ...... and (ii) that the courts of law by virtue of their very existence as institutions for doing justice shall have a duty to see that their records are true and that they represent correct state of affairs. In that view of the matter the legislative intent under section 152 C.P.C is that even in th......r prosecuting the case in absence of the deceased plaintiff, there was no legal existence of the deceased plaintiff in the case record. An error on the face of the record had been committed by the trial court by non-recording the present appellants as substituted plaintiffs in the plaint and ref..Category: Property Law | Date: | Hits: 88
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......ent Judgment July 9, 1997. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 15 Requirement of the demised premises for an adult son and a widowed daughter of the plaintiff cannot be said to be a requirement of anyo......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......submits, as the alleged award was not binding between the parties not being made a rule of the Court and not being more than a mere scrap of paper having no legal effect. 9. Both the trial Court and the lower appellate Court came to a common finding that the service of notice under..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....ivision Bench of the High Court Division by the impugned judgment and order dismissed the appeal and affirmed the judgment and order of the trial Court holding, inter alia, that the trial Court had rightly held that the Misc. Cases are barred by limitation and that in the absence of holding any .......5 and the Joint Secretary, Ministry of Works and Urban Development, Government of Bangladesh, defendant No.4 of Title Suit No.142 of 1986 of the First Court of Subordinate Judge. Dhaka, in a suit for specific performance of contract for sale of the suit property, is from the judgment and order ......’s Order No.16 of 1972. MLR VII of 1982 and Ordinance No. LIV of 1985. 23. It is a cardinal principle of administration of civil justice that the plaintiff is to prove his case fairly to get the decree in his favour. But it appears that the learned Judge in charge of the tria...... the court; reason being fraud demolishes the very foundation of sanctity of such judicial proceeding. It is also established principle of law that fraud vitiates all judicial proceedings. When the trial Court itself on consideration of the materials on record was satisfied that a fraud had been ..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....ant service rules and on that account the 2nd departmental proceeding was initiated upon framing fresh charge on a new ground under 1985 Rules. Mr. Bhuiya submitted that the Administrative Tribunal rightly held that the 2nd departmental proceeding has been initiated upon fresh allegation against ......did not join at Rangpur on taking various pleas. He worked at Dhaka Office up to 21-8-79 and then stood released on 22-8-79 with effect from 23-8-79 from Dhaka Office. Thereafter he went on leave for some time but ultimately did not join at Rangpur Office. He, however, unsuccessfully challenged......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..Category: Administrative Law | Date: | Hits: 119
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......awab Ali, Advocate-on-Record — For the Respondent No. 1. (In both the petitions). Not represented — Respondent Nos. 2 and 3 (In both the Petitions). Civil Petition for Leave to Appeal Nos. 183 and 184 of 1998. Judgment ......case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......er in respect of the suit lands upon an allegation that the petitioner had forcibly entered into a portion of the suit land in violation of the order of status quo made by the court. Thereupon the trial Court appointed the Assistant Commissioner (Land), Sirajdikhan, Munshiganj, a Receiver for th..Category: Property Law | Date: | Hits: 87
Monir Ahmed Fakir and others Vs. Abdul Jalil Munshi and others, 1998, 27 CLC (AD)
.... having been exercised judiciously there is nothing for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 198. ......Judgment June 26, 1997. The Code of Civil Procedure, 1908 (V of 1908) Order XXII rule 3 The civil revision case having been disposed of two years back there remains nothing for recording an order of abetment in the case which was disposed of on merit by the learned single...... having been exercised judiciously there is nothing for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 198. ......n on 9-11-94. The learned Single Judge rejected the application. Hence, the defendant-petitioners filed this petition for leave to appeal against the defendant-petitioners. Suit was decreed by the trial Court. Against the aforesaid judgment and decree the defendant-petitioners preferred Title Ap..Category: Civil Law | Date: | Hits: 150
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....others ……………………………………………….Respondents Judgment February 10, 1998. The Specific Relief Act, 1877 (I of 1877), Section 55 The High Court Division has rightly pointed out that an order of mandatory injunction cannot be sustained if the subject matter ...... Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Petitioners. Not represented— the Respondents. Civil Petition for Leave to Appeal No. 81 of 1997. Judgment Bimalendu Bikash Roy Choudhury J.- The petiti......urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ......there any clear finding as to the portion of the land to which the possession would be restored. 4. The plaintiffs now seek leave to appeal therefrom. 5. It has been urged before us that the trial Court, considering the factual position of the case particularly, the earlier decree for perma..Category: Property Law | Date: | Hits: 101
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
.... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ...... ABM Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioners. Not represented— The Respondents. Criminal Petition for Leave to Appeal No. 123 of 1997. Judgment &n...... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ......he facts of a particular case a higher section is attracted can be considered at the time of framing of charge. It is not necessary to amend the charge-sheet to include a higher offence. If at the trial it is found that a higher offence is disclosed and the Magistrate is not competent to try the..Category: Criminal Law | Date: | Hits: 74
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......n 205 of the Hindu Law alienation of the suit land to the transferee is valid during the lifetime of the transferor and the same will not be binding upon the plaintiff after her death and also that for the protection of the property from damage, waste or alienation the reversionary heirs can pur......d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......ast according to Hindu Law for the salvation of the departed soul of her husband and sons and to meet expenditure of the marriage ceremony of her daughter plaintiff No.4. 4. Both the trial Court and the lower appellate Court decreed the suit concurrently disbelieving the case of th..Category: Property Law | Date: | Hits: 61
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....s no materials on record to find that the accused had any knowledge about the proceeding because of the fact that at the relevant time he was living abroad. So the learned Additional Sessions Judge rightly exercised his jurisdiction affirmed by the High Court Division in granting opportunity to t......amine the witness by the trial court. Lawyers Involved: Abul Quasem, Advocate — For the Petitioner. Not represented— The Respondents. Criminal Petition for Leave to Appeal No. 225 of 1996. Judgment &n......essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ...... So the learned Additional Sessions Judge rightly exercised his jurisdiction affirmed by the High Court Division in granting opportunity to the accused concerned to cross-examine the witness by the trial court. Lawyers Involved: Abul Quasem, Advocate — For the Petitioner. ..Category: Criminal Law | Date: | Hits: 73
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
.... agreement of the Railway Administration to transfer the lands in suit to the respondents and realized salami. Mr. Ahmed submitted that in the circumstances of the case the High Court Division was right in concluding that there was a competent and valid contract to be enforced. 12.......f 1985 allowing the appeal, reversing those of the Subordinate Judge, Narsingdi passed in Title Suit No. 85 of 1985, and decreeing the suit. 2. The plaintiff-respondents brought the aforesaid suit for specific performance of contract for transfer of the suit land on the averments, ......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......ter alia, that they are members of the executive committee of Jinardi Union Unnayan Parishad which was formed with the object of eradicating unemployment problem of the locality by setting up industrial and commercial ventures through collective efforts. The Unnayan Parishad filed an application..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....n suit being Suit No. 74 of 1979 of the Title Suit No. 40 1983. Court of Assistants Judge, Nazirpur (then Upazila), District Pirojpur raises the short question whether the amendment of the plaint was rightly allowed by the trial Court in the facts and circumstances of the present case and whether th......iff-Respondents Judgment November 5, 1996. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 The plaintiff could amend the plaint before the decree was passed by the trial court or in the appellate court after filing of appeal again...... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ......November 5, 1996. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 The plaintiff could amend the plaint before the decree was passed by the trial court or in the appellate court after filing of appeal against the decree by the defendants bu..Category: Procedural Law | Date: | Hits: 149
Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)
....)(b)(i) The petitioner has not given any hard evidence of the trial Court’s fear or favour of and for the District Judge concerned, who is a party to the case. The High Court Division rightly did not encourage a transfer on a mere apprehension……(5) Lawyers Involv...... July 13, 1998. The Code of Civil Procedure, 1908 (V of 1908), Section 24(1)(b)(i) The petitioner has not given any hard evidence of the trial Court’s fear or favour of and for the District Judge concerned, who is a party to the case. The High Court Division rightly did n......High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ......p;.Respondents Judgment July 13, 1998. The Code of Civil Procedure, 1908 (V of 1908), Section 24(1)(b)(i) The petitioner has not given any hard evidence of the trial Court’s fear or favour of and for the District Judge concerned, who is a party to the c..Category: Property Law | Date: | Hits: 71
Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous, 1998, 27 CLC (AD)
.... access to his son during pendency of the suit. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 145. ...... Act, 1890 (VIII of 1890), Section 12(1) A father cannot be denied access to his minor son while in the custody of the mother. The Petitioner has been permitted to apply to the Family Court for making suitable arrangement to visit his son on regular basis when the petitioner is stationed...... number of matters the prayer of the petitioner if allowed will lead to complications and the petitioner failed to suggest any other alternative method of visiting his son. 4. In all fairness a father cannot be denied access to his minor son while in the custody of the mother. If t......s not acceptable to the Family Court there are other methods of allowing the petitioner to see his son. Especially when the suit is pending for the last 2 years and when it does not appear that the trial of the suit is about to take place it will not be proper to deny the petitioner to see his so..Category: Family Law | Date: | Hits: 156
....erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138.......missed.
The Companies Act, 1994 (VIII of 1994), section 83 (3)
(i) It does not appear from the impugned judgment that the minutes of the meeting was either prepared or produced at any stage before the Court. Rather, the High Court Division observed that the defendants did not produce a scrap......ed upon the plaintiffs and the meeting was duly held. Mr. Ahmed submits that non-consideration of the provision of sub-section (3) of section 89 has vitiated the impugned judgment.
10. It is not fair to blame the High Court Division of non consideration of the said provision or any provision wi......Afzal CJ.- This petition by defendant Nos.2 and 3 arises Out of a proceeding for temporary injunction in the Suit No.29 of 1997 of the First Court of Subordinate Judge, Dhaka which was refused by the trial Court but granted in appeal, EMA No.10 of 1998 by the High Court Division by the impugned judg..
Category: Business or Commercial Law | Date: | Hits: 121
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