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Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....ision Case No.704 of 1973. Judgment K. Hossain J.-This Rule was obtained by the plaintiffs, who instituted a suit in the 2nd Court of Subordinate Judge, Sylhet where they made the following prayer. “A) A declaration that the plaintiff being the owner of the suit properties and t......ith defendant. No. 8 and 9 as also restraining the defendants 8 and 9 from making any payment to defendants 1-7.” 2. The Trial Court was of the view that the suit, in substance, was a suit for possession of property and he also held that the prayer for declaration and for injunction was n......e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ......e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....onstructed by him on the aforesaid Plot was also unlawful and for recovery of money for a claim for compensation amounting to Rs. 27373/5 annas 6 Paisa from the defendant Government. There was also a prayer for a permanent injunction restraining the defendants from taking any step in pursuance of th...... D.C. Bhattacharya J. - This appeal is at the instance of the Plaintiff and directed against a decree dismissing his suit. The Plaintiff brought a suit against the Province of East Pakistan for a declaration that the requisition of C. S. Plot No. 992 of Mouza Dhanmondi on or about 19.4.57 ......rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ......rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
....ey belonging to the plaintiff Company for the liquidation of the certificate debt for which the plaintiff, company was not liable. The plaintiff company applied for refund of the said amount, but the prayer was refused which has caused a loss to the plaintiff company to the extent of Tk. 10 197/5/- ......ppellant Vs. M/s. Lucky Biri Company.................................Respondent Judgment January 25, 1975. Result: The appeal is allowed. Cases Referred To- Gilford Motor Co. Vs. Horne, Law Report (1933) 1 Ch. Division page 935 and P.L.D. 1971 (S.C.) 585; Pres......ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ......ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
Abul Hossain and another Vs. Farrok Ahmed and another, 1974, 3 CLC (AD)
....Article 7 of the President's order No.50 of 1972. In these circumstances, it was contended that the High Court Division rejected the petition filed before it under a misconception. 8. Leave, prayer for, was granted to consider the said contention. Having regard to the peculiar facts and ci......d-For the Appellants. Mahbubur Rahman, Advocate, instructed by S.S. Hoda, Advocte-on-Record-For the Respondent No.1. Criminal Appeal No.31 of 1974. (Arising out of Criminal Petition for Special Leave to Appeal No.56 of 1974.) Judgment Ahsanuddin Choudhury J. - This appe...... an error of law in disposing of the Criminal Revision filed before it. The case arose out of an order passed by the Sessions Judge of Chittagong on 16.8.73 canceling the bail of the appellants and remanding them to custody. The said order was passed on a petition filed by the complainant on 28.7......e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ..Category: Limitation Law | Date: 18 Dec, 1974 | Hits: 7
Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)
....over two years. It would be highly unfair to him if he is allowed to be retried in order to enable the prosecution to fill the gaps in the prosecution case. We are not therefore prepared to grant the prayer made on behalf of the Crown at this stage” 9. In this view of the matter we do not......nt passed in Criminal Appeal No.153/69, let the case be transferred and registered as special case. Cognizance u/s 4(1) of the Criminal Law Amendments Act has already been taken. To 12-1-70 for appearance of the aced persons.” Seven such orders have been passed by the learned Se......ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237. ......ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237. ..Category: Criminal Law | Date: 4 Jun, 1974 | Hits: 2
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
....o be made in a proceeding drawn for that purpose giving a copy thereof to the worker and asking him to explain in not less than three days' time. He is also to be given a personal hearing if such prayer is made. Thereafter on the result of the inquiry of he is found guilty of the charge against ...... and others………………Respondents (In Civil Appeal No. 2 of 1974). Judgment May 3, 1974. Result: The order sending the case back on remand for retrial is hereby set aside. The award made by the learned Chairman directing the re-instat...... dated 7th June,1968 passed in First Miscellaneous Appeal No. 4 of 1968 setting aside an award dated 12-8-67 made by the Chairman, Second Labour Court, Dhaka in Labour Dispute Case No. 34 of 1967 and remanding the case to the said Labour Court for retrial. Civil Appeal No 1 of 1972 is by Mr. Aminul ......tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accordingly without any order as to costs. Ed. This Case is also Reported in: ..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)
....ra Meah Shah stating that opposite party No.1 Zahir Ahmed Shah is not real petitioner and that he was set up by an interested person, namely Muzammel Haque Shah to grab the property illegally. On the prayer of purchaser-petitioner Haji Gura Mia Shah, the trial court by its order dated 28.11.83 direc......yers Involved: Fazlul Karim—For the petitioner. An application under section 115 (1) of the Civil Procedure. Judgment Mohammed Habibur Rahman J.—This is an application for issuing rule upon pre-emptor opposite party No.1 Zahir. Ahmed. Shah to show cause as to why the ......nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160 ......nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160 ..Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....handra Panja reported in AIR 1962 Cal. 485, the facts of which are similar to those in the present case. The suit was decreed in the said case for Specific Performance on the basis of the alternative prayer and the relevant terms of the decree are as follows :- “Ordered that the suit be d......Code of Civil Procedure against an order of rejection of an application filed by the petitioners under section 151 read with section 148 of the Code of the Civil procedure praying for vacating an order of dismissal of a suit for specific performance of contract. The petitioners f......tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....ate adopts the procedure preceding the word "or" and acts on the result thereof, his function so far as enquiries are concerned is over and he is to pass the final order either allowing the prayer of the applicant or rejecting it. He cannot follow the two mutually, exclusive procedure simu...... 1. Additional 'District Judge, 1st Court, Dacca, Chairman, Special Tribunal under P.O. No. 13 of 1972. 2. Md. Shamsuddoula, son of late Haji Abdus Sattar, Ministry of Information, Dacca…………………………&hel......is vacated. We, however, direct that the parties do bear their own costs in this Rule. K.M. Subhan J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 163 ......is vacated. We, however, direct that the parties do bear their own costs in this Rule. K.M. Subhan J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 163 ..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....a Estate and also for a declaration that the defendants have no right or authority or jurisdiction to disturb the plaintiff's possession and management of the Tea Estate There is also a prayer in this plaint for an injunction restraining the defendants from interfering with or disturbi......tate till disposal of the suit. The plaintiffs who are the opposite parties No.1-3 in this Rule have brought a suit being Title suit No.151 of 1970 in the 2nd Court of Subordinate Judge, Sylhet for a declaration that they are seized and possessed of the property in suit which is known as Looba......ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem, CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1 ......ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem, CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1 ..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)
....abir J.- This petition under section 115 of the Code of Civil Procedure is directed against an order dated 20.3.69 passed in Misc. Case No.262/66 by Mr. M Islam, Dist. Judge, Chittagong rejecting the prayer of the petitioner. Yar Ali Khan Chowdhury for examination of two witnesses namely, one Mr. An......ode of Civil Procedure is directed against an order dated 20.3.69 passed in Misc. Case No.262/66 by Mr. M Islam, Dist. Judge, Chittagong rejecting the prayer of the petitioner. Yar Ali Khan Chowdhury for examination of two witnesses namely, one Mr. Anwar Ali Chowdhury and one Mr. OR Nizam (who is si......le is accordingly made absolute without any order as to costs. The record of the case be sent back to the District Judge immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 147. ......le is accordingly made absolute without any order as to costs. The record of the case be sent back to the District Judge immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 147. ..Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167
Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)
.... was in error in granting a divorce by way of khula when the plaintiff failed to establish her claim for dissolution of marriage on the ground of cruelty and non-maintenance and in the absence of any prayer for khula divorce in the plaint, allowing such prayer may deny the defendant any opportunity ...... The Code of Civil Procedure, 1908 (V of 1908), section 53, Order VI, rule 17 The High Court was in error in granting a divorce by way of khula when the plaintiff failed to establish her claim for dissolution of marriage on the ground of cruelty and non-maintenance and in the absence of any p...... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appellant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ...... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appellant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ..Category: Family Law | Date: 11 Nov, 1970 | Hits: 195
Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)
....e 142 in number and include several Chairmen and Members of the Local Union Councils and also Advocates of this Court. There is also an MBBS doctor and a B.Sc. Engineer. In their petition there is no prayer for a proceeding under section 107 CrPC. It is, however, clearly stated therein that families...... proceeding under section 107 Cr.P.C. asking them to show cause why they should not be ordered to execute a bond of Rs. 1500.00 each with two local sureties of the like amount each, to maintain peace for the period of one year and (2) to issue warrants for their arrest. By the same order, the learne...... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ...... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76
Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)
....e hurriedly towards the west. His mother Aftain Bibi also came out with him. But before the Sessions Court, PW 1 stated that the occurrence took place on Sunday the 9th Magh, 1372 BS after the magrib prayer time. It was dark when he heard a cry "Chur jai, Chur jai". On hearing this he hims......majority opinion of the assessors in respect of the two appellants convicted them of the offence under sections 148 and 302/149 of the Pakistan Penal Code and sentenced each of them to transportation for life. The learned Additional Sessions Judge agreeing with the unanimous opinion of the assessors......eby set aside. We direct that the appellants be set at liberty forthwith if not wanted in connection with any other matter. Ed. This Case is also Reported in: 24 DLR (HCD) (1972)103 ......eby set aside. We direct that the appellants be set at liberty forthwith if not wanted in connection with any other matter. Ed. This Case is also Reported in: 24 DLR (HCD) (1972)103 ..Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50
M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)
....vision. Since in this case no question as to the interpretation of any provision of the Constitution of the People's Republic of Bangladesh is involved, no such certificate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Rep......nd operation of Helal Jute Press at Daulatpur, Khulna and Rangpur Jute Press at Alamnagar, Rangpur, is under challenge in this writ petition (Annexure 'X'). According to the provision of the aforesaid Acting President's Order dated 26th December, 1971, the Ministry of Commerce of the Gov......cate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 551 ......cate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 551 ..Category: Abandoned Properties Law | Date: | Hits: 7
....dvocate for the petitioner filed an application for addition of the members of the Governing Body as parties during the concluding stages of the hearing of this petition. We were unable to accept his prayer at sub a late stage of the proceedings.
For the reasons stated above, the Rule is discha......
High Court Division
(Special Original Jurisdiction)
Present:
Fazle Munim J
S. M. Hussain J
M. R. Khan, Chairman of the Board of Governors,
Bangladesh National Society for the Blind…………Petitioner &nb......mature stage.
Accordingly, the Rule in this petition should be discharged for the reasons stated herein before.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 602
......mature stage.
Accordingly, the Rule in this petition should be discharged for the reasons stated herein before.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 602
..
Category: Constitutional Law | Date: | Hits: 2
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
....He was to depose before the Special judge on 14-11-73 but on his way to Jessore he fell ill at Dacca and sent a telegraph accordingly. C)n that occasion the learned Special judge granted, time on the prayer of the prosecution and without issuing a warrent of arrest against the Magistiate thought it ......udge and Ex-Officio Senior Special Judge, Jessore convicting the appellant S. M. Qamruzzaman under section 161 Penal Code and 5(2) of Act 11 of 1947 and sentencing him to suffer rigorous imprisonment for one year and also to pay a fine of Tk. 2000/-. 2. The prosecution case is that following th...... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107. ...... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107. ..Category: Criminal Law, Evidence Law | Date: | Hits: 2
Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)
....Commissioner, Narsingdi and other Opposite-parties to show cause why the Order dated 24.9.84 passed by the Additional Sessions Judge, Second Court, Dhaka in Sessions case No.132 of 1984 rejecting the prayer for revival of the said case should not be set aside. 2. Facts relevant for the disposal......gh Court Division (Dhaka Bench) (Criminal Revisional Jurisdiction) Present: A.T.M. Afzal J Latifur Rahman J Mohammad Ali........................................Informant Petitioner Vs. Sukur Ali (The State) & others......................Opposi......sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ......sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ..Category: Criminal Law | Date: | Hits: 1
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....B and the Rule was duly served on the respondents on 16.3.77 and the matter was posted on the list on 31.3.77 but it went out of the list for unknown reasons because it cannot be ascertained on whose prayer it was taken out of the list. Then it was posted on the list on 14.6.77 and it seems that the...... allowed and the Rule was made absolute, the respondents served another order of detention as he was coming out of the jail gate. It is contended that since 1974 the detenu was in detention and, therefore, the detention order under the Emergency Powers Rules lacks its basis because he was incapable ......at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ......, it is necessary to detain him." 6. Thus there are four detention orders which have been tabled before us by way of Annexure-A, B, C and X. While Annexure-A dated 28.1.77 recounts that the detenue was acting in a prejudicial manner; (a) to the security or interest of Bangladesh; (b) the p..Category: Criminal Law | Date: | Hits: 1
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....d also filed an application under Order XXXIX, rules 1 and 2 read with section 151 of the Code of Civil Procedure praying for an order of temporary injunction till disposal of the suit with a further prayer for ad‑interim injunction whereupon a notice to show cause was issued upon the defendants. ....................Respondent Judgment December 15, 2003. Result: The application is rejected. Order passed by the Joint District Judge, even in appeal, is not open to challenge before the High Court Division, under sub‑section 1 of section 115 of the Code. Sub‑section 1......ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ......ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ..Category: Civil Law | Date: | Hits: 2
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