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Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....as disposed of with direction upon the parties “to strictly follow the terms and conditions of the solena{jcomments off}ma and violation of any term of the solenama by any party shall be treated as contempt of court. The petitioner is further directed to receive the entire dues within 14 days now ......dvocate-on-Record-For the petitioner. A. F. Hasan Arif, Senior advocate (with Rafiqul Islam Miah, Senior advocate) instructed by Zahirul Islam, Advocate-on-Record-For respondent. Civil Petition for Leave to Appeal No. 527 of 2011 (From the judgment and order dated 23.02.2011 passed by the H......on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ..Category: Family Law | Date: | Hits: 327
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation and others, 1990, 19 CLC (HCD)
....ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ......alty Suit No. 14 of 1984. Judgment Md. Mozammel Hoque J. - This is an application filed by Defendant No. 1 petitioner under Order 7, rule 10 read with section 151 of the Code of Civil Procedure for return of the plaint to the plaintiff. 2. The plaintiff instituted the present suit on 16.6.8......ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ......ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....s the reputation of being honest lawyer and a man of independent spirit and integrity in professional, educational and other circles of Dhaka and elsewhere in Bangladesh. 3. The defendants filed a contempt petition against the Deputy Commissioner, Barisal, SDO, Barisal and the plaintiff’s young......hman J. - This appeal at the instance of the plaintiff is directed against the judgment and decree passed by the Subordinate Judge 3rd Court, Dhaka in Money Suit No. 158 of 1969 arising out of a suit for realisation of compensation for damage to the plaintiff's reputation allegedly caused by the def......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314...Category: Civil Law | Date: | Hits: 89
State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)
....Bari Sarker J. - This Rule was issued on the basis of Memo No. 428 dated 6.12.78 of the Court of District Judge, Jhalakati. By the above name, the District Judge, Jhalakati recommended for drawing up contempt proceeding against the contemners Joynal Abedin and Abdul Malek Sardar for making contemptu......gment Abdul Bari Sarker J. - This Rule was issued on the basis of Memo No. 428 dated 6.12.78 of the Court of District Judge, Jhalakati. By the above name, the District Judge, Jhalakati recommended for drawing up contempt proceeding against the contemners Joynal Abedin and Abdul Malek Sardar for m......, Nalchity Upazila, District Jhalakati in the application for transfer under section 24 C.P.C. in Miscellaneous Case No. 25/85, 26/85 27/85 and 28/85 in the court of District Judge, Jhalakati thereby scandalising the Court and bringing the Court into disrepute. The circumstances under which the c......are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ..Category: Criminal Law | Date: | Hits: 64
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
.... Sinha J. - Pursuant to an application made by two advocates of the Bar notices were issued upon the respondents to show case as to why they should not be proceeded with and prosecuted for committing contempt of this Court for scandalising the Judges of the Supreme Court of Bangladesh by publishing ......ns Vs. The State of Maharashtra, AIR 1971 SC 221; Brahma Prakash Sharma's Case, (AIR 1954 SC 10); C.K. Daphtary V.O.P. Gupta. AIR 1971 SC 1132; Vinay Chandra Mishra, AIR 1995 SC 2348; Bridges Vs. California, 314 U.S. 252 (1941); Pennekamp Vs. State of Florida, 328 US 331-372, pennekamp Vs. Florida, ......application made by two advocates of the Bar notices were issued upon the respondents to show case as to why they should not be proceeded with and prosecuted for committing contempt of this Court for scandalising the Judges of the Supreme Court of Bangladesh by publishing false, motivated, malicious......by two advocates of the Bar notices were issued upon the respondents to show case as to why they should not be proceeded with and prosecuted for committing contempt of this Court for scandalising the Judges of the Supreme Court of Bangladesh by publishing false, motivated, malicious and contemptuous..Category: Criminal Law | Date: | Hits: 124
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......ucted by Sufia Khatun, Advocate-on-Record—For the Petitioner. Bivash Chandra Biswas, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-70. Criminal Petition for Leave to Appeal No. 350 of 2010. (From the Judgment and order dated 8-6-2010 passed by the Hi......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......e. It may be that a power to grant bail in such cases would be a proper and useful power to vest in the High Court. Their Lordships appreciate the propriety and utility of such a power exercisable by Judges acquainted with the relevant facts of each case, and (if exercised) with power to order tha..Category: Criminal Law | Date: | Hits: 89
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181.......r 8 annas share in the disputed land to the plaintiff by two registered kabalas dated 10.4 .52 which he purchased in the benami of his son Haripada Parial, the defendant No. 3, with his own money and for his own benefit and possessed the suit land without partition by metes and bounds. The plaintiff......ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181.......s a right of appeal, in the case of a person not a party to the. suit who is affected by the order he has no right, but the Court of appeal may in its allow him to prefer an appeal.” The learned Judges of the Supreme Court of Pakistan in the case of H M Saya & Co. also took the similar view..Category: Property Law | Date: | Hits: 69
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......tha, AIR 1953 Ori 46. Lawyers Involved: Mansur Habib, Advocate, instructed by Md. Mazibar Rahman, Advocate-On-Record- For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 80 of 2010. Judgment Md. Muzammel Hossain J. - This civil petition for......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......tiff-petitioner preferred the instant civil petition for leave to appeal before this Court. 6. Mr. Mansur Habib, the learned Advocate appearing on behalf of the petitioner submits that the learned Judges of the High Court Division failed to appreciate the facts and circumstances of this case in i..Category: Civil Law | Date: | Hits: 113
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......in Criminal Appeal No.123 of 1989). Judgment Surendra Kumar Sinha J. - This appeal arose out of the following facts: 2. Respondents along with Keramat Ali and Azmat Ali were put on trial before the learned Sessions Judge, Jamalpur in Sessions Case No.41 of 1988 to face charge under sectio......rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536....... their evidence on this ground. The learned Sessions Judge, in the premises, was perfectly justified in believing the evidence of these witnesses and convicting the accused-respondents. The learned Judges of the High Court Division without application on their mind on a superficial consideration..Category: Criminal Law | Date: | Hits: 90
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....d. In this case the defendant in violation of the undertaking given by the defendant sold the property before the disposal of the suit and thereupon the plaintiff filed the application for drawing up contempt proceeding against him but the application was rejected. In the instant case the plaintiffs......e 4 and section 151 of the Code of Civil Procedure. 2. The petitioners as plaintiffs instituted the suit in the said Court of Subordinate Judge against the opposite party Nos. 2‑17 as defendants for a declaration that the decree obtained by the original defendant No. 1 Imanuddin Rari (since dec......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ..Category: Procedural Law | Date: | Hits: 84
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......itle Suit No. 242 of 1977. The short facts of the case, in brief, are: 2. The opposite party No. 1 as plaintiff filed title suit No. 242 of 1977 in the First Court of Munsif, Kushfia with a prayer for ejectment of the defendant petitioners alleging, inter alia, that the plaintiff's father purchas......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......frican Court of appeal it was for the first time suggested and made a ground of appeal that the Trial Court was not validly constituted for the rehearing of the case in that certain Chiefs had sat as Judges in that Court who were not qualified to sit and that the proceedings before that Court must a..Category: Property Law | Date: | Hits: 66
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ......or the Petitioner. Mihir Kanti Majumder, Advocate ‑ For the Opposite Parties. Civil Revision No. 2550 of 1991. Judgment Bimalendu Bikash Roy Chowdhury J.- This rule arises out of a suit for declaration of title and recovery of khas possession in certain land. It is being contested by s......the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ...... said: "There is nothing in the Evidence Act which renders such evidence inadmissible. In Rosi Vs. Pillamma (1909) 20 MLJ 400 it was pointed out that the evidence was admissible though the learned Judges were of opinion that it should not be acted upon. I think the correct rule is that the eviden..Category: Procedural Law | Date: | Hits: 91
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......d in all 14 in number, in the Court of the learned Sessions Judge, Cox's Bazar, the case was transferred to the Court of the learned Assistant Sessions Judge (deemed Addl. Sessions Judge) Cox's Bazar for trial. At the conclusion of the trial, the learned Assistant Sessions Judge (as Additional Sessi......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......ce is wholly bad, illegal and as the same has passed against the weight of evidence on record. The learned Advocate for the State, on the other hand, has submitted that the learned Assistant Sessions Judges has on due consideration of the evidence on recorded and the facts and circumstances of the c..Category: Criminal Law | Date: | Hits: 86
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......ng Notification No. সমা/প্রবি ১-২৯/৮৮-১৮৩ dated 31.7.94 of the Ministry of Establishment, Government of Bangladesh as at Annexure A to the application under which the aforesaid promotion was made have been called in question as ultra vires having been made without com...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......hman, Advocate-For the respondent No.2. Writ Petition No.1778 of 1994. Judgment Naimuddin Ahmed J. - By this application under section 102 of the Constitution the promotion of three District Judges, one of whom was acting as member, Administrative Tribunal, Dhaka as joint secretary in the M..Category: Employment/Service Law | Date: | Hits: 173
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......Misc. Appeal No.163 of 1977 decided by a Bench of the High Court Division on November 14, 1980. 2. Respondent No.1 instituted Title Suit No.104 of 1974 in the court of 3rd Subordinate Judge, Dacca for filing the arbitration agreement under section 20 of the Arbitration Act. There was a contract, ......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......ration clause of the agreement but, according to the plaintiff-respondent, this provision was optional in view of section 20 of the Arbitration Act. The question, therefore, arose whether the learned Judges of the High Court Division misinterpreted section 20 of the Arbitration Act as well as the Ar..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......f the Income Tax Act, filed by the assessee-appellant. The assessee, Mrs. Zebunnessa, has got a house at 119A, Dhanmandi Residential Area, Road No.2 Dacca, which she let out to the German Institute before the War of Liberation at a monthly rent of Tk. 4,000/- per month from 1st December, 1968 till 3......ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56....... Taxes which has been illegally affirmed by the Tribunal, is not based on any evidence or materials, but it is based on conjecture and surmise. The learned Counsel also submitted that the learned Judges of the High Court Division failed to appreciate the question raised by the assessee and err..Category: Fiscal/Taxation Law | Date: | Hits: 88
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....is concerned it is left to the authority concerned against which it has been granted to implement it. If the enforcement or implementation of the declaration is not made by the authority concerned, contempt proceedings may be drawn up but that is a different matter. The resulting position is that ......ate-on Record - For the Respondents (In Civil Petition No. 30 of 1982). Not represented - Respondents (In Civil Petition Nos. 9 of 1981). Civil Appeal No. 90 of 1981 and Civil Petitions for Special Leave to Appeal Nos. 30, 31 and 68 of 1982 and 9 of 1981. Judgment Fazle Munim CJ......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......egulations, By-laws, Notifications and other legal instruments in force on the 24th March, 1982 shall continue to remain in force as long as they are not repealed, revoked or amended; fourthly, the Judges of the Supreme Court including the Chief Justice, Attorney-General and others in the Service ..Category: Constitutional Law | Date: | Hits: 181
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......t and Order passed by the Division Bench of the High Court Division to which a reference was made under section 17(1) of the Sales Tax Act by the Income Tax Appellate Tribunal. 2. Facts necessary for the disposal of the appeal are that the assessee is a firm which crushed Til Oil and the origina......question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......d in the circumstances of the case the Tribunal is justified in law to hold that provision of section 30(1) of the Act applied and in reopening the assessment already completed". 5. The learned Judges of the High Court Division answered the question in the affirmative, rejecting the contenti..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......nt passed by the High Court Division in Civil Revision No. 1177 of 1976 discharging the Rule and upholding the judgment and order of the Subordinate Judge rejecting the prayer of the appellant for hearing of the Miscellaneous Case under Order 9, rule 13 of the Code of Civil Procedure. 2....... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......act which, of necessity, must stare one in the face is that to allow the party the luxury of further prosecuting his application under Order 9, rule 13 would be unconscionable”. The learned Judges agreeing with the view discharged the Rule. Leave was granted to consider whether an app..Category: Procedural Law | Date: | Hits: 80
....ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
......ent
Kemaluddin Hossain J.- This appeal stands on a very narrow compass. We are concerned with only one accused-respondent, Siddique Ahmed.
The respondent along with 12 others was put on trial before the 1st Additional Sessions Judge, Sylhet to answer charges under sections 302, 307/302/149 a......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
......ntained, all the substantive sentences were to run concurrently. Leave was granted on the following terms: "The learned Deputy Attorney-General has drawn our attention to the finding of the learned Judges to the effect that the respondent fired the gun at the deceased with the intention of causi..
Category: Criminal Law | Date: | Hits: 74
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