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Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....ivision is reluctant to interfere in the matter of appointment of a receiver unless the circumstances are of such exceptional character that refusal might entail a risk of clear abuse of process or some gross injustice………………(4) Lawyers Involved: ......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......Roy Choudhury J Akhteruzzaman……………………………………...Petitioner Vs. Ali Amjad Khan and others……………………Respondents Judgme..Category: Property Law | Date: | Hits: 87
Monir Ahmed Fakir and others Vs. Abdul Jalil Munshi and others, 1998, 27 CLC (AD)
.... preferred Civil Revision No. 718 of 1988. In the said civil revision there was no appearance on behalf of the present petitioners. A learned Single Judge of the High Court Division made the Rule absolute after setting aside the judgment and decree of the lower appellate and Court and restored th...... 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......ion (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Monir Ahmed Fakir and others ................Petitioner Vs. Abdul Jalil Munshi and others…&hell..Category: Civil Law | Date: | Hits: 150
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
.... mandatory injunction cannot be sustained if the subject matter of the dispute is not sufficiently specified. In cases of injunctions the court must always be very cautious in specifying the property so that on account of vagueness disputes do not erupt………………………………..(6) L......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......rted in: 50 DLR (AD) (1998) 188. ..Category: Property Law | Date: | Hits: 101
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
....6 and 307 without considering the materials before him, ought to have deferred the matter till the time of framing of charge. 5. The contention of the learned Advocate seems to be reasonable. Whether in the facts of a particular case a higher section is attracted can be considered ...... 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......on (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mokaddesh Mondal and Others...................Petitioners Vs. State and Others.......................Category: Criminal Law | Date: | Hits: 74
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....f section 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 ......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)
.... Judgment Mustafa Kamal J.- On a complaint by the informant-petitioner that he purchased some lands measuring 0.88 acre from Taher Ali, father of accused-respondent Ramizuddin and is in p......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. ......ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Niman Ali…………..Petitioner Vs. Ramizuddin and another…………..Respondents Judgment August 17, ..Category: Criminal Law | Date: | Hits: 73
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....nce, 1982. In the circumstances the Railway Administration could not take any further steps to finalise the matter about the transfer of the suit land to the plaintiffs. 4. It was also asserted that an enquiry was conducted by the Co-ordination and Control Cell of the CMLA on the ......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...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Railway and ors. ……………………………&he..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....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 but could not do so after entering into a compromise with the defendant appellants admitting their claim and filing a...... 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......8) 148. ..Category: Procedural Law | Date: | Hits: 149
Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)
.... where the suit was originally filed, to the Court of the District Judge himself, but the learned District Judge, Dhaka transferred it to the 1st Court of Assistant Judge. In the transferee Court also the petitioner’s application for temporary injunction was not heard, for months, but the ......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......un………………………………………………Petitioner Vs. Abdul Malek Howlader and others…………………….Respondents ..Category: Property Law | Date: | Hits: 71
Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous, 1998, 27 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Akhtar Masood ……………………………&hellip...... 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. ......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......;………….Petitioner Vs. Mrs. Bilkis Jahan Ferdous................ Respondent Judgment December 12, 1996. The Guardians and Wards Act, 1890 (VIII of 1890), Section 12(1) A father cannot be denied access to his m..Category: Family Law | Date: | Hits: 156
....¦â€¦â€¦â€¦â€¦â€¦â€¦(10)
Section 95
(ii) Courts are generally reluctant to interfere with the decisions taken at company meetings unless there is almost a manifest breach of the Articles (of Association) or the Statute, because it is the company and not the Court which is responsible for its ......994 which, inter alia, says that until the contrary is proved a meeting of the directors of a company, in respect of the proceedings of which minutes have been made, shall be deemed to have been duly called and held, that the High Court Division ought to have held that notice of the meeting dated 7-......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......
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Md. Abdur Rouf J
Bimalendu Bikash Roy Choudhury J
Mohibul Ahsan (Md) (Shawan), Director, Ittefaq Group of Publication and others …………. Petitioner
Vs.
Ittefaq Group of Publication Ltd. represented by Mai..
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
.... (i) Broadly speaking, to obtain an interim order, a writ petitioner must not only make out a prima facie case, but a strong prima facie case. The balance of inconvenience in his favour should be so strong that it will outweigh the consideration of sub-clause (a) or (b) of clause (4). Generally......o the Court alleging prejudice, inconvenience or harm and that a prima facie case has been shown. There can be and there are no hard and fast rules. But prudence, discretion and circumspection are called for.” 15. Mr. Islam submits that in the present case even if it is assum......ve burdensome inconvenience or deadlock or bottleneck, impedes or prevents assessment or collection of public revenue, stays the proceedings of inferior tribunals impeding its progress when speedy trial is the object of establishment of such tribunals, stops the implementation of a development w...... Rouf J Bimalendu Bikash Roy Choudhury J Commissioner of Customs, Chittagong…………………Appellant Vs. Giasuddin Chowdhury and another……………………...Respondents ..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
.... The Penal Code, 1860 (XLV of 1860) Section 467 To secure a conviction for forgery under section 467 of the Penal Code, it must be specifically proved that the executant by reason of unsoundness of mind or intoxication or by reason of deception practiced upon him did not kno......The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......petitioner and his wife Hamida Akhter Khatoon. 2. On the allegation that the accused petitioner had committed forgery in respect of the said two in heba-bil-ewaz deeds, he was put on trial before an Additional District Magistrate, Mymensingh to answer a charge under section 467 of ...... Appellate Division (Criminal) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Showkat Hossain Akanda Chowdhury…………………….Accused-Petitioner ..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
.... section 100 of the Penal Code the right of private defence of the body extends to the voluntary causing of death if the offence which occasions the exercise of the right is an assault which may reasonably cause the apprehension of either death or grievous hurt. The evidence in the case must be s......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ...... informant were inimically disposed towards him as his opponent in the election for the Chairman of the Union Parishad instigated them to file the false case against him. 6. Both the trial Court and the High Court Division rejected the special defence of the accused-petitioner.&nb......te Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khandoker Saiful Islam…………………….Petitioner ..Category: Criminal Law | Date: | Hits: 96
Mahbubul Alam Vs. State, 1997, 26 CLC (AD)
.... Divisional Special Judge, Chittagong convicted the accused-petitioner under sections 409, 420,271 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced him to suffer rigorous imprisonment for one year on each account along with fine of various amounts, in default to suffer impris......ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......an J.- In Special Case No. 54 of 1990, the Divisional Special Judge, Chittagong convicted the accused-petitioner under sections 409, 420,271 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced him to suffer rigorous imprisonment for one year on each account along with fine of va..Category: Anti-Corruption Laws | Date: | Hits: 81
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....Penal Code, (XLV of 1860), Sections 302 & 302/149 Conviction under section 302/149, of the Penal Code is of vicarious liability but any conviction under section 302, Penal Code is of personal liability and the former one is different to that of the latter as to the manner of involveme...... time and in the manner alleged by the prosecution, deceased Hyder Ali was a dacoit and he might have been killed by some unknown enemies while committing dacoity on Dhaka-Aricha Road near a place called Company land. He was taken to the near-by house of Feroz in an injured condition and given f......order dated 8-5-95 in Criminal Appeal Nos. 1523 and 1573 of 1993 dismissed the appeal of accused-appellant Altaf Hossain and affirmed the order of conviction and sentence passed against him by the trial Court but allowed the appeal of the other accused persons and acquitted them of the respectiv...... of 1860), Sections 302 & 302/149 Conviction under section 302/149, of the Penal Code is of vicarious liability but any conviction under section 302, Penal Code is of personal liability and the former one is different to that of the latter as to the manner of involvement. There havin..Category: Criminal Law | Date: | Hits: 104
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
....t’ was presumed to be good service, for the purpose of this Ordinance…………………………(12) The rent admittedly sent by money order for the month of March and April 1986 together so the defendant clearly defaulted payment for the month of March ’86 being not paid as contemplat...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ......e Rent Case No. 38 of 1986. 4. Besides production of documentary evidence the plaintiff examined 4 witnesses including himself as PW 1 and the defendant examined 3 witnesses. 5. The trial Court decreed the suit holding, inter alia, that the defendant is a defaulter having defaulted...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Islam (Md) …… Appellant Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain and ors ……….Respondents Judgment March 9, 1997. The General Clauses ..Category: Tenancy Law | Date: | Hits: 93
Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)
....llip;…….Respondents Judgment July 7, 1996. The Small Cause Courts Act, 1887 (IX of 1887) Section 25 Once it is established that the person is a tenant he cannot be permitted during the continuance of the tenancy to resist a suit for e......ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ...... year 1985. He paid rents till December, 1990, when he ceased to make payment of rents as the respondents failed to accede to demand of partition of his share in the building. 3. The trial Court believed the case of the respondents that the petitioner was a tenant under them and th...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Atiqullah (Md) ……………...Petitioner Vs. Sanawara Begum and others ……………….Respondents Judgment ..Category: Property Law | Date: | Hits: 69
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
.... State……............Respondent Judgment February 17, 1997. The Special Powers Act, 1974, sections 24B & 25D (i) We have heard with some compassion mixed with pity the present plight of the foreigner-appellants and we feel that bec......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......ree accused-appellants made confessional statements before a Magistrate. While the two foreigner-appellants never retracted from their confessions the appellant Airport Manager took the plea at the trial that the confession was extracted from him by coercion and torture. The High Court Division, ......minal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Major (Retd) Ashrafuddin Sekander ……………….Appellant Bernhard Rudigar and..Category: Criminal Law | Date: | Hits: 130
Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)
....ge committed no illegality in affirming the order of the trial Court in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ......in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ......efendant-petitioners, submits that there being no service of summons on defendant No. 7 Jaripuddin, the learned Single Judge of the High Court Division erred in law in affirming the judgment of the trial Court. 5. It appears that the learned Single Judge examined the records of the....... ..Category: Property Law | Date: | Hits: 74
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