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Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....are Thever, L.R. 74 LA. 264 same case 52 CWN 275 and AIR 1948 P.C. 12; T.B. Rama Chandra Rao, Vs. A.N.S. Rama Chandra Das, I.R. 49 IA 129 same case 26 CWN 713—AIR 1922 P.C. 80; Lenhon Vs. Gibson and Howes Ltd. 1919 A.C. 709; Secretary of State for India Vs. Chelikani Rama Rao, L.R. 43...... The land was requisitioned on 9-7-1960 by Additional Deputy Commissioner, Dacca, in L.A. Case No. 73 of 1959-60 under sub-section (1) of section 93A of the Town Improvement Act, 1953 (hereinafter called the Act) and acquired under clause (a) of sub-section (4) of section 93A by Government Order......such contingency determination of compensation by the Court under the Land Acquisition Act. He says, the Act except for mentioning the Court under the Land Acquisition Act, has net provided for any trial procedure or the character of the award or its enforcement, or appeal therefrom. The two...... Ahsanuddin Chowdhury J Kemaluddin Hossain J D. C. Bhattacharya J Bangladesh..........................................Appellant. Vs. Abdul Mannan and others....................... Respondents Judgment Jan. 23, 1976. Cases Re..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....nd it arises out of a suit for ejectment of a monthly tenant. 2. The appellant filed a suit being Title Suit No. 157 of 1965 in the 6th Court of Munsif, Dacca against Azharuddin Ahmed, the predecessor-in-interest of the respondents for ejectment stating, inter alia, that the holding No. 43, Pan......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......Controller was a legal and valid discharge of liability. It was further contended that the appellant did not bonafide require the premises for his own accommodation. 4. The suit was decreed by the trial court which held that the respondent-tenant was a defaulter as he had no reason to deposit the......Ahsanuddin Chowdhury J Fazle Munim J Fazle Munim J Abul Layes.......................................... Appellant Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed and others. ………..Respondents Judgment August 18, 1976 Lawyers Involved: Abdul Mal..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....4 of the Bangladesh Penal Code read with Part II of the Schedule to the aforesaid President's Order 8 of 1972 and Article 11 (d) of the said order and sentenced each of them to suffer rigorous imprisonment for ten years and to pay a fine of Tk. 10.000/- in default to undergo rigorous imprisonmen......nd Sher Ali Vs. The State, X D.L.R. 374 relied upon by the Counsel for the Appellant. Mazharul Hoque was put on trial on a charge under section 364 of the Penal Code on the allegation that he called away his neighbour and his class fellow named Serajuddin alias Kala Chand and thereafter Kal......ction 238 of the Criminal Procedure Code was rightly invoked in convicting the appellants under section 364/34 in the absence of any charge thereunder. 2. The appellants were placed on trial on a charge under section 302/34 of the Bangladesh Penal Code read with part IV (b) of t......ppeal is, accordingly, disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....0 (XLV of 1860), Section 302 The act being not a pre planned or pre-meditated one or, in other words, death having not been done to the driver in a preplanned manner; the death so caused by the condemned prisoner, cannot be considered murder, but can be said to be an act of m......ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ...... the seizure lists prepared between 4.-00 hours and 6-10 hours of 4-3-1987 and sent the dead body to the morgue for post mortem examination at 9-45 hours of 4-3-1987. 7. At the trial charge was framed in the absence of the convict, since he was absconding and did not appear ......onj in Sessions Case No.13 of 1991 upon convicting him under section 302 of the Penal Code has been affirmed by the High Court Division upon accepting the Death Reference No.10 of 1993 by the judge and order dated March 14, 1999. 2. Incident in which the condemned prisoner c..Category: Criminal Law | Date: | Hits: 74
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
....charge of committing murder of one Golok Chandra. By the judgment and order dated 3 1-7-94 the trial Court convicted them under sections 302/34 of the Penal Code and sentenced each of them to imprisonment for life and to pay a fine of Taka 15,000.00 in default to rigorous imprisonment for 3 year...... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ......994) Judgment Md Gholam Rabbani J.- The two appellants who are the full brothers named Nibir Chandra Chowdhury and Goutam Chandra Chowdhury were placed on trial along with their father before the Court of Additional Sessions Judge, Bogra, in Sessions Cas...... Md. Faziul Kanm J Nibir Chandra Chowdhury and others..................... Appellants Vs. ..Category: Criminal Law | Date: | Hits: 59
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
.... The Code of Civil Procedure, 1908 (V of 1908), Order 41 rule 23 The High Court Division rightly found that the suit could not be sent back on remand for filling up lacuna. It also found that illegality has been committed in not calling for the record of the earlier Title Sui......its that the present suit w filed praying for a declaration that judgment and decree obtained in Title Suit No. 21 of 1968 is not binding upon the plaintiff but the record of that suit has not been called for and for the purpose finding whether the summons and notice of earlier suit have been ser......ing aside the judgment and decree passed by the learned Additional District Judge, 4th Court, Dhaka in Title Appeal No. 214 of 1990 allowing the appeal and sending the case back on remand for fresh trial. 2. The short fact leading to this petition is that, one Anwar Rahim as ......0. The Code of Civil Procedure, 1908 (V of 1908), Order 41 rule 23 The High Court Division rightly found that the suit could not be sent back on remand for filling up lacuna. It also found that illegality has been committed in not calling for the ..Category: Property Law | Date: | Hits: 74
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....the death of his first wife late Nuruddin Ahmed willingly married defendant No. 1 and gifted her orally all his own earned money, moveable and immoveable properties in presence of the elites of the society. Plaintiffs have been misbehaving with the defendant No. 1 and they did the same in the lif......nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ...... of injunction to pay the said amount to defendant No. 1. After filing the aforesaid suit the plaintiffs filed a petition under Order 39 rule 1 and section 151 of the Code of Civil a Procedure. The trial Court granted ad interim injunction and after hearing the parties restrained the defendant-ba...... Latifur Rahman CJ Mainur Reza Chowdhury J Md. Golam Rabbani J Md. Ruhul Amin J Ziauddin Ahmed and others..............Appellants Vs. Arab Bangladesh Ban..Category: Civil Law | Date: | Hits: 112
Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)
....houdhury CJ.- This petition for leave to appeal is against judgment and order dated 13-12-2000 passed by a Single Bench of the High Court Division in FMA No.321 of 2000b dismissing the appeal and also discharging the connected Rule being Civil Rule No.483 (FM) of 2000 and vacating the order of s......erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ...... The Code of Civil Procedure 1908 (V of 1908), Order XXXIX, Rule 1 Whatever the High Court Division has observed will have no binding affect on the trial Court while disposing of the suit on merit as these were made while disposing of the interlo......ior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 221 of (From the Judgment and Order dated 29-06-2000 passed by the High Court Division, Dhaka in Criminal Miscellaneous Case ..Category: Intellectual Property Law | Date: | Hits: 224
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
.... The Code of Criminal Procedure, 1898 (V of 1898), Section 154 Filing of the first information report by the informant disclosing the death due to poisoning subsequently finding the death caused due to injuries being homicidal in nature, there is no......the death of Asia accused party tried to hush up the matter which was evident from the evidence of PW 2 Siddique Hossain of a local deed writer. Defence did not challenge his testimony that he was called to write a deed of sale in respect of 15 decimals of land in favour of the sons of the decea......eld autopsy of the dead body on 1 8-4-90. After investigation police submitted charge sheet against accused petitioner Abdul Khaleque and his brother Abdul Barek along with 9 others on 20-1-91. The trial Court after considering the facts and circumstances found the accused petitioner Abdul ......cord-For the Petitioner Not represented— The Respondent. Criminal Petition for Leave to Appeal No. 13 of 1999. (From the judgment and order dated 25 August 1998 passed by the High Court Division in Criminal Appeal No. 361 of 1993..Category: Criminal Law | Date: | Hits: 67
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
....19-8-1998 at about 2-00 while night guard Md. Wahidur Rahman was performing his duty in the Circuit House accused-petitioners demanded of the night guard a room in the Circuit House and that demand so made having not been attended they assaulted informant and the night guard on duty, that police ......rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ......ment February 5, 2001. The Code of Criminal Procedure, 1898 (V of 1898), Sections 234 & 561A Holding of trial of the offences in the special court and ordinary court can not be considered beyond the law ......dhury J Mainur Reza Choudhury J Md. Ghoiam Rabbani J Md. Ruhul Amin J Abul Fazal (Md) alias Abul Fazal alias Badal and another......... Petitioners Vs. State.................Category: Criminal Law | Date: | Hits: 65
....dated 25-2-1995 of respondent No. 2. The terms and conditions included that a compromise decree would be passed in the aforesaid suit accordingly. The petitioner by a letter dated 19-3-1995 suggested some modifications but respondent No. 2 by his letter dated 14-6-1995 intimated the petitioner on no......fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
......lt:
The petition is rejected.
The Constitution of Bangladesh, 1972, Article 103
The terms and conditions of compromise are the matters of evidence and such matter may be agitated before the trial court for adjudication with liberty to adduce evidence.
Lawyers Involved:
Rokanuddin ......y CJ
Mainur Reza Chowdhury J
Gholam Rabbani J
Md. Ruhul Amin J
Md. Fazlul Karim J
Sultana Jute Mills Limited.................... Petitioner
Vs.
Court of Subordinate Judge and Artha Rin Adalat and others.................. Respondents
Judgment
June 3, 2001.
Res..
Category: Civil Law | Date: | Hits: 109
Hasan Azam and others Vs. Rabeya Khatun and others, 2001, 30 CLC (AD)
....nbsp; Md. Gholam Rabbani J.- In the absence of the opposite parties Civil Revision No. 4192 of 1997 was disposed of by the High Court Division making the Rule absolute. 2. Thereafter absentee-opposite parties filed an application under sec...... the learned Single Judge of the High Court Division failed to record his satisfaction about the reason for the absence of the learned Advocate for the opposite parties when the civil revision was called on for hearing. The first ground is too technical to deny the absentee opposite parties from......f no substance. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 87. ......sp; Md. Gholam Rabbani J Hasan Azam and others........................ Petitioners Vs. Rabeya..Category: Procedural Law | Date: | Hits: 104
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
....are holders. The High Court Division passing the order directing the respondent company to take necessary action to conduct the company’s affairs in the manner prescribed in the articles of association, committed no illegality by passing the order……(9) Lawyers I...... been completed. The petitioner claimed that because of Bangladesh Shilpa Rin Sangstha’s unqualified approval to the appointment of respondent No. 3 as Managing Director the respondent No. 3 called a general meeting of the share holders at the company’s farm at Savar to discuss the p...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ......; Syed Al Nesar Ahmed, MD, United Food Complex Ltd............... Petitioner Vs. Nafisa Choudhury and others...............Respondents Judgment May 22, 2001..Category: Business or Commercial Law | Date: | Hits: 95
Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)
....evidence in order to prove “Salishnama” which was the basis of the plaintiffs’ claim. Thereafter the plaintiffs filed a petition for amendment of the plaint seeking to incorporate some more reliefs by way of declaration of title and confirmation of possession and that amendment ......ence. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ...... which was eventually decreed on 30-1-1986. Thereafter in Title Appeal No. 50 of 1986 the learned Additional District Judge set aside the judgment and decree and sent the case back on remand to the trial Court with a direction for taking fresh evidence in order to prove “Salishnama” w...... Mahmudul Amin Choudhury J Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Abdul Khaleque Gazi and others...................... Petitioner Vs. Abdul Aziz..Category: Procedural Law | Date: | Hits: 82
State Vs. Abu Musa @ Musaya @Shapir Bap & ors, 2001, 30 CLC (AD)
....d on this very account the leave petition must be rejected. Upon evidence on record a different conclusion might be arrived at from those upon which the High Court Division acquitted the accused persons and on such ground this Division did not interfere. &nbs......ed persons. This leave petition is accordingly, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 81. ......ed persons. This leave petition is accordingly, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 81. ......103 The Penal Code, 1860 (XLV of 1860), Section 396 The state did not take any step during the period of about seven years to get the leave petition heard and on this very account the leave petition must be rejected. Upon evidence on record a different c..Category: Business or Commercial Law | Date: | Hits: 99
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
.... of the proceedings which may be necessary for determination of the real question of controversy between the parties the same cannot be allowed to introduce a new case which was not necessary to resolve the real dispute between the parties………………(8-10)&nbs...... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ......om 512 square feet to 1320 square feet and to change the sketch map for showing the encroached area to be 0.03 acres in place of 0.011/4 acres. Rejecting the objection raised by the defendant, the trial Court allowed the amendment. Accordingly, the valuation of the suit was also raised from Taka...... SR Pal, Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record — For the Respondent. Civil Appeal No.36 of 1993. (From the judgment and Order dated 13-1-1993, passed by the High Court Division in Civil Revision No.828 of 1989). ..Category: Property Law | Date: | Hits: 58
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
.... The Code of Civil Procedure 1908 (V of 1908), Order XXXIX rules 1 & 2 The Bank Companies Act 1991 (XIV of 1991), Section 46 A person who is aware of an order of the Court is bound to obey the same even though he was not a party...... section 46 of the Bank Companies Act, 1991. This section provides that where Bangladesh Bank is satisfied that it is necessary to remove the Chairman, Director or Chief Executive by whatever name called, of a Banking company in the public interest or to prevent the affairs of a Banking company ......cellaneous Appeal No. 224 of 1999 before the learned District Judge, Dhaka who by order dated 14-9-1999 admitted the appeal and stayed operation of the ad interim order of injunction passed by the trial Court. Thereafter Akhteruzzaman Chowdhury filed Civil Revision No. 3118 of 1999 before the Hi......nbsp; Bangladesh Bank and others.......... Petitioners Vs. Zafar Ahmed Chowdhu..Category: Business or Commercial Law | Date: | Hits: 131
Zainal Abedin & another Vs. Md. Abdur Rahim, 2001, 30 CLC (AD)
....and they have not violated the decree. Trial Court allowed the case on 31-7-1995 holding that judgment debtor-petitioners violated the decree of injunction and directed that they suffer Civil Imprisonment for 3 months and also attached their property for 6 months. Being aggrieved by the same pet...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 69. ......e of the judgment debtors by this Division to consider the question whether a petition under Order 21 rule 32 of the Code was maintainable. The appeal was allowed and the case was sent back to the trial Court to give an opportunity to the parties to prove that the defendants judgment-debtors had......p; Cases Referred to- 33 DLR 207 and 12 BLD 323; Kad Banu and ors vs. Hajera Khatun and ors 36 DLR (AD) 183. L..Category: Property Law | Date: | Hits: 57
Monir Ahmed and ors. Vs. Forest Research Institute, Chittagong and ors. 2001, 30 CLC (AD)
....951 from his heirs and then she gifted the said land to Md. Islam. Thereafter plaintiff No. 1 purchased 2.60 acres of land from said Md. Islam on 4-3-1981 and thereafter plaintiff No. 1 transferred some of the lands to plaintiff Nos. 2-14, 17, 20 and 22 and plaintiff Nos. 4, 15 and 16 purchased ...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 68. ......iled FAT No.41 of 1995 against the preliminary decree on 15.1.1995 but the memo of appeal was taken back by the said appellants on 22-2-1995. Thereafter on 29-11-1995 final decree was passed by the trial Court and the same was put into execution on 20-1-1996 in Execution Case No. 3 of 1996. There......nbsp; Monir Ahmed and ors...............Petitioners Vs. Forest Rese..Category: Property Law | Date: | Hits: 80
Momtazuddin Sarker and others Vs. Abdur Rob and others, 2001, 30 CLC (AD)
....oque J.- Pre-emptor petitioners seek leave to appeal from judgment and order dated 4-8-1997 passed by a Single Judge of the High Court Division in Civil Revision No. 2088 of 1991 making the Rule absolute and setting aside the judgment and order dated 12-5-1991 passed by the Subordinate Judge, Co......he petitioners. The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 67 ......he petitioners. The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 67 ...... Present: Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Momtazuddin Sarker andothers ................Petitioners Vs. Abdur Rob and o..Category: Property Law | Date: | Hits: 65
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