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Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
.... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ......ter's daughter Charu Bala, defendant No. 3, for assisting her in the seba-puja. Before her death she created in collusion with defendant No. 3, a will. Defendant No. 3 obtained a probate and gave power of attorney to defendant No.1; Anil Kumar Sarkar, who on the basis of the power of Attorney cr......title suit No.52 of 1981. Judgment M. H. Rahman J. — This appeal has arisen out of a suit for declaration that the suit property comprising 10 acre of land of plot No.140 appertaining to S.A. Khatian No. 52 of Mouja Porrah, P.S. Manikganj is a debuttar property belonging to the deity...... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ......ower appellate Court which is a final court of fact cannot be interfered by the High Court in it's jurisdiction under sections 100 and 115 of the C.P.C. i.e. in exercising the power in appeal as well as revision. In the present case the fact arrived at by the lower appellate ......an Halder..................Appellant Vs. Shubbadra Bachar & others............Respondent Judgment March 23, 1983. Result: The Appeal is dismissed Cases Referred to- Mohendra K. Roy Vs. Akbar Mollah (1977) 2 DLR 6; AIR Mys. 1960 page 260; (1977) 29 DLR 239 ......d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
.... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ......d that the order of the learned Magistrate dated 21-10-81 directing payment to the opposite parties, being the first party in the proceeding was competent and it was passed legally in exercise of the power conferred on the said Magistrate by law and the said order having been passed with lawful auth...... Judgment March 9, 1983. Result: The Rule is discharged. Disputed Question of Title A proceeding under section 145 of the Code of Criminal Procedure is not a proceeding to decide disputed question of title rather the enquiry under section 145 of the Code of Criminal Pr...... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ......, Pati Ram, defendant No. 2, inherited the property and possessed it in the same way. Defendant No. 2 executed a Power of Attorney dated 2-1-51. Ext. 1, in favour of one Sekandar giving him full power to transferred the suit land and Sekandar accordingly transfer the suit land consisting of all......represented by his legal heirs Golenur & others…………… Respondent Judgment March 9, 1983. Result: The appeal is dismissed. Cases Referred to- Midnapur Zamindary Company Vs. Uma Charan, AIR 1923 PC 187; Durga Chowdhurani Vs. Jewahir S......e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
.... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
......withdrawals on certificated bills. In case of refusal of plaintiff No. 1 to subscribe his signature on the cheque in respect of such disbursements/withdrawals, defendant No. 1 will have the power to withdraw the accounts under certificated bills under his signature.
(7) Civil Appeal N......ioners
Vs.
Mujibur Rahman Sikder alias M. R. Sikder & others..............Respondent
Judgment
February 1, 1983.
Result:
The petition is allowed.
Cases Referred to-
Matilal Ghose and others, 45 Cal. 165; Onish Vs. Dulla Mia, A.I.R. 1969 Delhi 214; Express ...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
....urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ......tion (2). This proposition is supported by the decision in the matter of Monohar Mukherjee 5 Cal 756. To take section 222 in its absolute term will be erroneous. Such provisions confer a faculty or power but they do not follow by such words as ‘that anything done contrary to these provisions, sh......TM Masud J Khitindra Chandra Bhattacharya and another…………….Appellants Vs. Jalada Devi…………......................Respondent Judgment January 16, 1983. Cases Referred to- Sarat Chandra Banerjee Vs. Nani Mohan Banerjee, 36 Cal. 799; Haripada Saha and another Vs. ......urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
.... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ......) Cr.P.C. the appeals from Magistrate were disposed of by the Additional Sessions Judges or any Assistant Sessions Judge of the Sessions Division. Now after this second amendment, this appellate power under section 407 of the Cr.P.C. has been given to the Additional District Magistrates wh...... December 1, 1982. Result: Dispose of the appeal. No Dismissal of cases summarily without assigning any reason at the cost of dispensation of justice- The Court is competent to reject an appeal even at the initial stage of its admission but the Court must give its reas...... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
.... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ......us officio in respect of the new proceedings. Power of taking Cognizance Offence by Magistrates- Magistrate has the sole jurisdiction to decide whether cognizance should be taken- This power of taking cognizance of any offence is not limited only to those offences which are triable ex......second prosecution is based on a fresh complaint, it will be valid because the Magistrate does not preside over the same proceedings. He takes cognizance of the same offence but in a different case altogether. He is functus officio in so far as the first proceedings are concerned but he is not funct...... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ......ther law for the time being in force, no Court of Sessions shall, take cognizance of any offence as a Court of original jurisdiction unless the accused has been sent to it by a Magistrate duly empowered in that behalf." So far as the Court of Sessions is concerned, proceedings must be......ute. Lawyers Involved: Majibur Rahman, Advocate— For the Petitioner. Shehabullah, Advocate— For the Complainant-Opposite Party No.2. AFM Shahid, Assistant Attorney General— For the State. Criminal Revision No. 40(c) of 1982. Judgment ......ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
....ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ......ion 561A of the Cr.P.C. is not applicable in connection with any proceeding under the Special Powers Act. The jurisdiction of the High Court Division under section 561A of Cr.P.C. is an inherent power which cannot be deemed to be otherwise limited or affected and this Court is always empowered ......ip;Petitioner Vs. The State……………………………………………State Judgment October 20, 1982. Result: The Rule is made absolute. Whether there was direct personal ......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
....ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ...... In such circumstances the proceedings against the petitioner can only be revived on a fresh complaint or on a fresh police report in respect of the same offence. The Sub-Divisional Magistrate has no power to revive in respect of the discharged accuses the proceeding which has come to an end by the ......Judgment July 15, 1982. Result: The Rule is made absolute. Discharge of the accused by the Magistrate under section 253 Cr.P.C. The accused petitioner is not sought to be tried by a different Tribunal. Nor is he being tried under a separate rule of evidence. R......ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......Respondents Judgment January 27, 1982. Result: The rule is made absolute. Transferee court may punish for violation of an order of injunction- Order 39, Rule 2(3) empowered the court to punish for disobedience of any term or breach of an order' granting, an inj...... Judgment January 27, 1982. Result: The rule is made absolute. Transferee court may punish for violation of an order of injunction- Order 39, Rule 2(3) empowered the court to punish for disobedience of any term or breach of an order' granting, an injunction. So the wo......ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ......the plaintiff moved this Court and obtained leave to consider whether the Admiralty Court was wrong in rejecting the plaint as, in its opinion, rule 11(a), Order 7. Code of Civil Procedure does not empower the Admiralty Court to pass such an order. 7. Mr. K. A. Bakr, Counsel for the plaint...... Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgment June 9, 1982. Result: The appeal is allowed. Cases Referred to- Hussain Bakhsh Vs. Settlement Commissioner, (1969) 21 DLR (SC) 456=PLD 1970 SC 1; R.P.0'......ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
....Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
......ng Director and the Chairman respectively of the Company. It was further resoled that the Secretary ship agreement between the Company and M.A. Muktadir in favor of Valley Tea Estate Ltd. the General powers of Attorney executed by respondent No. 1 in favor of MA. Muktadir were cancelled and withdraw......
Judgment
May 28, 1982
Result:
The appeal is dismissed.
Companies Act (VII of 1913); Section 38
In a proceeding under Section 38 the Petitioner is not entitled to a relief ex-debito Justitiae and the Court has discretion to refuse remedy if the matter is not a......Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ...... of the lessor or those claiming under him. Provided that property may be transferred to or for the benefit of a woman (not being a Hindu, Mohammadan or Buddhist) so that she shall not have power during her marriage to transfer or charge the same or her beneficial interest therein.&qu......p;…………………………..Respondents Judgment May 4, 1982. Result: The appeal succeeds in part. Cases Referred to- Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others, 13 DLR (SC) 111; ...... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
....ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 356
......d that though the Court of Admiralty Act, 1891 (Act No. XIV of 1891) declared Court Division of the Supreme Court as the Court of Admiralty it did not spell out what would be the nature and extent of power and authority of such Court of Admiralty.
7. The Admiralty jurisdiction of the Court can ......rt exercises the same jurisdiction as the High Court of England exercised in 1890 under the Admiralty Court Act of 1861. The instant suit arising out of a claim for non-delivery of the cargo that was to be carried by the ship Nedlloyd Leuve is amenable to the jurisdiction of this Court.
Cases ......ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 356
..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ......h; Under the statutory rules the Chairman of the Local Parishad was the appointing authority and an employee of the council —In the absence of any statutory rule and regulation relating to power of appointment and dismissal of the Zilla Board employees engaged in projects of works program......lla Parishad and another........Respondents is the Petitions Judgment February 11, 1982. Result: All the rules are discharged of. Submitting an Inquiry Report in time is Directory and Not Mandatory—Nothing has been shown that the failure of the Enquiry Officer to submi......all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
....ts leading to this rule, in brief, are that the petitioner was serving as Director of Administration in the Department of Civil Aviation with effect from 27.8.80. After joining there he found serious financial and other irregularities in the Department which were also supported by audit report and i...... of the two alternatives--The papers on record no where indicate that the authorities applied their mind to the alternative proviso in Rule II before the impugned order was passed. Delegation of power- Whenever there is a question of delegation of power it must be done in specific and cate......vernment Servants (Discipline and Appeal) Rules, 1976 under which the petitioner has been suspended also provided that instead of placing the petitioner under suspension the authority may require him to proceed on leave--The Secretary's note to the authorities contained the only proposal that th......ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
.... the Bangladesh Tea Board, a statutory Body, addressed to the Manager of Neerala Tea Estate (Annexure-G to the petition) stated that "because he disturbance during the war of liberation and financial problems thereafter this Board did not insist upon you to fulfill the terms and conditions......ranteed under the Constitution in full force. It is beyond our comprehension as to how the Prime Minister of the country could pass an order of nationalisation of a Tea Garden when there was no law empowering the Government to do so, far less to take over The order of the than Prime Minister appears......ellip;………………..Respondents Judgment January 13, 1982. Result: The Rule is made absolute. Whether the Government was within its rights to take over possession of the tea garden and other movables of the petitioners- It is petition......the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....f the Bangladesh Tea Board, a statutory body, addressed to the Manager of Neerala Tea Estate (Annexure-G to the petition) stated that "because of the disturbance during the war of liberation and financial problems thereafter this Board did not insist upon you to fulfill the terms and conditions......ranteed under the Constitution in full force. It is beyond our comprehension as to how the Prime Minister of the country could pass an order of nationalization of a tea garden when there was no law empowering the government to do so, far less to lake over. The order of she then Prima Minister appeal......idul Huq Chowdhury, petitioner No.2 in person, with M.H.A. Sikdar, M.I. Faruqul, A.Y. Masthuzzaman and A.K.M. Nazrul Islam-For the Petitioners. Kazi Shafiuddin, Asstt. Attorney General-For Respondent No.2 Writ Petition No. 529 of 1980 Judgment Abdur Rahma......nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
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