Search Options
Judgment Advanced Search
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......een the spouses became strained. On 25th February, 1982, the wife obtained a decree of dissolution of the marriage with her husband after foregoing her dower money. 3. The appellant's case is that his wife gave him possession of the land in 1967 for construction of a building and he......, instituted Tide Suit No. 226 of 1980 in the Court of Subordinate Judge. Third Court, Dhaka, for a declaration that he is the irrevocable licensee of his wife, the respondent, in the 'A' schedule land and that he is the real and absolute owner of the three‑storied dwelling house and appur..Category: Property Law | Date: | Hits: 80
Alhaj Mokter Hussain Talukder Vs. Ainuddin Ahmed and others, 1992, 21 CLC (AD)
....h circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ......ous Case No. 407 of 1980 was also dismissed for default and again an application under Order 9 rule 9 read with section 151 CPC was filed for setting aside the dismissal order in the miscellaneous case. Upon objection raised by the defendant the second Miscellaneous Case No. 71 of 1982 was dismi......h circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ..Category: Property Law | Date: | Hits: 63
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......sp; Mustafa Kamal J.- Some time after a proceeding under section 145 Cr.P.C. was drawn up against the appellant in this appeal by leave and the case land was attached and a receiver was appointed the appellant while still in actual physical p......bsp; Mustafa Kamal J.- Some time after a proceeding under section 145 Cr.P.C. was drawn up against the appellant in this appeal by leave and the case land was attached and a receiver was appointed the appellant while still in actual physical posses..Category: Property Law | Date: | Hits: 81
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
.... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ......he same (transformer) from the premises of M/S Mahmood Rice Mills situated at village Bhabonerchala within PS Kapasia, District Gazipur on 24.9.89 was illegal. 3. Material facts of the case as can be gathered from the clumsily written writ petition and other papers now submitted befo...... the bills including the last one (except U series bills) and the PDB admittedly removed the transformer on 24.9.89 disabling the appellant permanently to get any further re‑connection in a clandestine manner. Upon removal of the transformer the appellant responded by filing the present wr..Category: Criminal Law | Date: | Hits: 71
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ......r quashing the proceeding itself taking the ground that on the facts stated in the complaint no criminal offence was committed and that the liability, if any, was a civil one and that the criminal case was started just to put pressure on him to pay the alleged balance without proper accounting. ......Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ..Category: Criminal Law | Date: | Hits: 43
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ...... the High Court Division dated 27.4.92 in Civil Revision No. 986 of 1990 disposing of the Rule by setting aside the order of remand passed by the appellate Court below and allowing the pre-emption case, thereby reversing the judgment and order of the trial Court disallowing the pre-emption case...... below and allowing the pre-emption case, thereby reversing the judgment and order of the trial Court disallowing the pre-emption case. 2. The pre‑emptee-petitioner received the case; land from his aunt respondent No. 3, Moyna Sundari by way of gift by a registered document dated 2...Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......in respect of the area retainable by the plaintiff without determining by local investigation the area of the portion of the plot over which the cattle market sits, the appellate court remanded the case for fresh trial after getting the market area demarcated by local investigation. 6. Re......nbsp; MH Rahman J.- Respondent, Shakhipur Islamia High School, instituted Title Suit No. 112 of 1969 in the First Court of Munsif, Chikandi, for declaration of title to the suit land, described in 'Ka' schedule to the plaint, an area of .92 acre of land appertaining to RS Plot..Category: Property Law | Date: | Hits: 64
Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)
.... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ......e plaint having been rejected the plaintiff obtained a Rule from the High Court Division in civil revision. The Rule was made absolute on 14.8.84 allowing the plaintiff's prayer. The records of the case reached the trial Court on 25.1.86, but the plaintiff failed to file any hajira nor took any s......the 1st Court of Subordinate Judge, Dhaka (now renumbered as Title Suit No. 77 of 1990 of the 4th Court of Subordinate Judge, Dhaka), for declaration of title and recovery of possession of the suit land. Application for amendment of the plaint having been rejected the plaintiff obtained a Rule fr..Category: Property Law | Date: | Hits: 49
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......ibunal in trying a schedule offence along with a non‑schedule offence. 2. This question has been elaborately discussed by my learned brother in his judgment. What I find is that it is neither a case of mis-joinder of charges nor a case of trial without jurisdiction. The offence allegedly commi....... P.W. 1 Saifuddin Ahmed, Superintendent, Customs, 'C' shift, Zia International Airport, filed a FIR on the same day at 21‑45 hours at the Cantonment police station stating that the respondent upon landing at about 10‑20 hours and after crossing the Immigration and Customs' currency and jewelry ..Category: Criminal Law | Date: | Hits: 132
AHM Siddique Vs. State, 1993, 22 CLC (AD)
....the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ......a separate procedure has been laid down in the Cr.P.C for executing a sentence of fine. The learned Counsel has sought reliance from two decisions of the Pakistan Supreme Court, one reported in the case of Man Mahmud Ali Qasuri and others Vs. The State, 15 DLR (SC) 429 and the other, in the case ......the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ..Category: Criminal Law | Date: | Hits: 44
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ......ving land contiguous to the land transferred to strangers by kabala dated 9-10-58 without giving any notice to him. It was contested by opposite parties Nos. 2 and 4 of the said miscellaneous case which was dismissed by the learned Munsif on 29-8-59 holding that the proceeding is bad for de......gle Judge of the erstwhile High Court of East Pakistan. 2. The appellant filed Miscellaneous Case No. 320 of 1957 for pre-emption under section 96 of State Acquisition and Tenancy Act having land contiguous to the land transferred to strangers by kabala dated 9-10-58 without giving a..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......ce on 13-10-61 that is, long before the coming into force of Part V of the Stats Acquisition Act. The trial Court took the view that section 96 of the Stale Acquisition Act was applicable in this case although the transfer took place before the coming into force of Part V of the State......sferee (the present appellant) alleging that the application was not maintainable as the petitioner was not a co-sharer tenant. The transferee claimed to have effected improvement of the land in question 3. The application for pre-emption was filed on 29.2.64. Thereafter the pre..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......48 Indian Appeals 31) as well as Member Board of Revenue V Akhtar Khan (P.L.D. 1968 S C 270) and Sashi Bhusan V. Asghar Ali [20 D.L.R (S.C.) 217.]. 5. The three aforementioned Privy Council cases related to certificate under rule 3 of Order 15 of the Code of Civil Procedure. It will suffi...... “Bearing in mind the friendly relation existing between the two countries, "Desiring to define more accurately a certain points and to complete the demarcation of the land boundary between Bangladesh and India, "Have agreed as follows: — ..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......y;manded maintenance from the respondent for herself and for her children but the respondent neglected and refused to maintain the appellant and her 4 children. Thereupon, the above mentioned case was filed under section 488 of the Code of Criminal Procedure 3. The application was con......spondent and he denied the allegation that he had neglected and refused to maintain Begum Hamida and the four children. He contended that he had constructed a three storied building on his own land and with his own money in the name of Begum Hamida and that she had an income of Rs. 1300/- pe..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ...... produced him and two of his employees, namely, respondent Nos. 1 and 2 of Criminal Appeal No. 12 of 1973 before the Sub-divisional Magistrate of Khulna on 18-1-72 in connection with that case under section 436 of the Penal Code and President's Order No. 50 of 1972 (hereinafter referred......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ......ctor, Kotwali P.S, Sylhet. 2. Mr. Naziruddin Ahmed who appeared in support of both the petitions maintained that the Special Tribunal erred in taking cognizance of the case, inasmuch as the Police report did not contain a statement of facts which would constitute an......ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ......hey resulted in self-effacement of the President and in abdication of power by him call for no separate discussion. Suffice it to state that such exceptions can be relevant only in cases involving complaints relating to unauthorised delegation of Legislative powers to external au......isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 53
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......der under section 34 staying legal proceedings is a matter largely in the discretion of the court which must, of course, be exercised judicially in due regard to the circumstances of each case. Even involvement of difficult questions of law has been considered in numerous cases to......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 110
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ...... granted in order to consider whether the High Court Division has jurisdiction, pending disposal of an appeal against an order of acquittal passed by a Special Tribunal or a Special Magistrate in a case under the Collaborators Order, to direct the release of a respondent therein who has volun&sh...... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ......vision is well-founded in law and fact in acquitting one of the three accused‑respondents and affirming the conviction and reducing the sentence of the other two. 2. Facts of the case are simple. In a sudden incident informant (PW 1) Enamul Hoque's younger brother Ekramul Hoque......ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ..Category: Criminal Law | Date: | Hits: 119