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Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....istant Accountant in the District Board was not a lower post than the post of Accountant, Works Programme. He held that the post of Accountant, Works Programme is merely a temporary post without any cadre, It is neither a Government service nor a local council service. In the absence of statuto......iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71 ...... of Accountant, Works Programme to the post of Assistant Accountant, under District Board, Mymensingh was without jurisdiction, ultra vires and against the principles of natural justice; (2) that the proceedings instituted against him by Memo dated 3.6.74 under the Local Council Servants (Effic..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....are not inconsistent with the provision of this Act, shall apply to the proceedings of Special Tribunals. To prevent the abuse of the process Although this Court has no power to revise any order, judgment or sentence passed under the Special Powers Act but this Court has jurisdiction ......Appellate Tribunal, Chittagong on 6-3-82 in Tribunal Appeal No.11 of 1980 is set aside. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ......Section 29 of the Special Powers Act, 1974 provides that the provision of the Code (of Criminal Procedure), so far only as they are not inconsistent with the provision of this Act, shall apply to the proceedings of Special Tribunals. To prevent the abuse of the process Although this C..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
....ge within whose jurisdiction the "deceased ordinarily resided at the time of his death, or, if at that time he had on fixed place of residence, the District Judge, within whose jurisdiction any part of the property of the deceased could be found" may grant a certificate under Section ......had decided was only the territorial jurisdiction of the court, in entertaining the petition for a succession certificate. It had not decided any marital status of the petitioner Sayeda Sultana. That stage had not arrived yet. 20. Section 373 of the Succession Act provides that the District Jud...... examination of the petitioner on commission at Dhaka was also rejected by the said order. As against that this Rule was obtained from this court when this Court was also pleased to stay further proceedings in the matter under dispute. 3. Mr. Molla Abdus Sattar the learned Advocate appeari..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....as an apprehension of breach of the peace it would come from the side of the First party. Upon observing further that there was no material before the Sub-Divisional Magistrate to bold that there was any apprehension of breach of the peace from members of the Second party and that a title suit being......e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ...... (Arising out of Criminal Motion No.158/83 of the Court of Sessions Judge, Conjilla) Judgment A.T.M. Afzal J. — This rule, at the instance of the 1st party-petitioner, arises out of a proceeding under section 145 of the Code of Criminal Procedure and it directed against judgment and ..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
....is also Reported in: 36 DLR (1984) (HCD) 28. ......sel, owner of the said vessel, the Charterer of the said vessel and the local agent of the owner in Bangladesh for realisation of Tk. 19, 63,182.59 paisa. The suit was not admitted for hearing at any stage It may be mentioned that to admit a suit for hearing is the practice in the Original Side of t......er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28. ..Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
.... of decree is entertainable and disposable by the court which passed the decree or made the order by well as by the successor court-But if an application for review of judgment or an order is made on any other grounds, then that application shall he made only to the judge who passed the decree or ma......day on the ground that the defendants have already appeared and a date has been fixed for filing written objection. So the petition for temporary injunction or status quo cannot be considered at that stage. 3. The plaintiff- appellant, it appears without waiting for the defendants to file their......lent their full support to the development plan the Corporation by publishing their consent in the Daily Azad on 35-7-83 and 30-7- 83. The appellant in his individual capacity has started the present proceeding without the consent of the general members of the Association with some ulterior motive. ..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
....the defendant to desist from his illegal acts, with no effect. The plaintiff, therefore, prayed for a decree for permanent injunction restraining the defendant, his servant and agents to produce any plastic articles consisting of any designs as shown in schedule of the plaint. 3. The first...... plaint, so long as the copyright of the plaintiff over the same remains under the law. Let the records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) 59. ...... the same in the market in May, 1980. The plaintiff applied for registration of his design of plastic siphon on 30.06.1980. The plaintiff is not entitled to commence or prosecute any section or other proceeding and to recover any damage in respect of making or using this design as the defendant manu..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....under Proviso 1 and 6 to Section 92 of the Evidence Act. Hence, it is contended by the learned Advocate for the appellant that the Courts below did not act illegally in admitting the oral evidence in any violation of the Provisions of Section 92 of the Evidence Act as contended. 7. In the ......ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ......e Judge, Additional Court, Jessore by his judgment of 28th October, 1967. As against that this appeal has been preferred before this Court and thereafter vide Civil Rule No.656(s)/69 dated 1.5.69 the proceeding of Title Execution Case No.7/69 of the 3rd Court of Munsif, Jessore, was stayed. 5. ..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....ons for trial. On 31.5.82 the petitioner obtained the present Role. 3. The petition of complaint (Annexure ‘E’ to the Petition is a unique pieces of document which hides more than reveals anything. After a careful perusal of the same, all that we have been able to decipher is that prem......en taken against the accused petitioner U/Ss.193/207/448/403/467 of the Penal Code. 13. Section 193 of the Penal Code is in respect of giving or fabricating false evidence intentionally in any stage of a judicial proceeding. The facts narrated in the petition of complaint do not at all brin......te Party No.1. Kazi Shofiuddia Ahmed—For Opposite Party No.3. Criminal Revision No.285 of 1982. Judgment Mustafa Kamal J.- This Rule issued under section 361 A Cr.P.C is for quashing the proceedings in Sessions Case No.632 of 1981 pending in the 3rd Court, Additional Sessions Judge, Dha..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....e conviction and sentence should be set aside. Secondly the learned advocate argues that in this case all the material witnesses are related to the complainant party and the prosecution did not bring any independent and disinterested witness to prove its case and in that view of the matter the prose...... down under the Code. Further presence or absence of assessors relates to the mode of trial and to the constitution of the Court and in the present case this objection was also not taken at the trial stage. The appellants faced the trial and after conviction in the trial they preferred this appeal a......e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
....plaintiff but he took a monthly bharatia tenancy from one Matinuddin Ahmed of Zindabazar who was the owner of the suit premises. The plaintiff was never the owner of the suit shop and the articles at any time. It was further alleged that in April, 1971 he left Sylhet for India and stayed there upto ......In the light of the aforesaid principle it is clear that the petitioner had neither any independent interest nor could be called a trespasser as was sought to be argued by his learned Advocate at one stage of his argument. The petitioner's status then was only that of a tenant by sufferance and ...... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
....urt Division of the Supreme Court of Bangladesh. The said deed of exchange dated 20-8-65 was declared to be a genuine document and the actions of the respondents were treated as arbitrary and without any lawful authority by the judgment of this Court in the writ petition No.653 of 1976 on 12th July,......s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ......ev.) and Mr. Mostafizur Rahman, Circle officer (Rev.) Puthia appeared before this Court through their counsel, Mr. Dalifuddin Ahmed. 3. The short fact, relevant for the disposal of this contempt proceeding, is that one Khalilur Rahman claimed to have got 36.06 acres of land including a tank fro..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
....he tenant. Narayan Kumar Datta who erroneously recorded the land in her name as Shebait. The defendants denied the alleged oral gift of the suit land. They also asserted that the Sarkers never set up any idol in the Moth. Further case of the defence is that Hemangini executed a will on 24.5.54 in fa...... 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 ......ড়ী। The defendants failed to suggest any good reason why Narayan Kumar Datta got the property wrongly recorded in the name of the shebait. It appears, the defendants, for the first time in this proceeding, have tried to make out a case that Hemangini Guha herself took settlement from the Sarke..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
....as in possession at the relevant time. This is for the Civil Court to decide. In order to find out actual possession on the day of the dispute, the Magistrate must not find possession on the basis of any alleged title or right to possess but on the basis of possession alone to the extent and manner ...... thus apparent that any articles or any property against which an offence was alleged to have been committed and about to be committed and which were deposited in the Court at the trial or at enquiry stage for safe custody the Court after the end of the trial or inquiry would be competent to depose ......ip;……………………Opposite Parties 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 dispute..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
....nment. 2. Section 82 of the Civil Procedure Code reads as follows:- "82. Execution of decree.- (1) Where the decree is against the Government or against a public officer in respect of any such act as aforesaid, a time shall be specified in the decree within which it shall b......" 4. Thereafter the Government of Bangladesh filed Civil Petition for Special Leave to Appeal No. 146 of 1982. It was pending for hearing as to whether leave was to be granted. At this stage the Proclamation of Martial Law dated 24-3-82 came into force and in clause (g) of the sa...... whether leave was to be granted. At this stage the Proclamation of Martial Law dated 24-3-82 came into force and in clause (g) of the said Proclamation it was provided: "All proceedings arising out of and in connection with Writ Petitions under Article 102 of the suspe..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
....he construction work is supervised by the Water and Power Development Authority. The respondent firm was given the contract in the face of International competition. There has been no allegation from any quarter as to performance of the contractual work. The only thing is that the partners have fall...... 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.
...... and Parnell observed:
"Of course there are many contempt’s of court that are not of a criminal nature, for instance, when a man does not obey an order of the Court made in some Civil proceeding to do or abstain from doing something as where an injunction is granted in an action..
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)
....e property left by the testator as heirs of Subasini, it would we think, be sacrificing Justice to mere technicality. There is undoubtedly a technical defect, but it is not a defect which has in any way affected the merits of the case of the jurisdiction of Court.” The Patna High Court, ......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. ......executrix under the will. She filed an application for probate of the Will and 6 days later she died. Her heirs made an application before the District Delegate praying for permission to continue the proceeding as substituted heirs in place of Subasini and they prayed that letters of administration ..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Muzahar Sikder Vs. Fariduddin Ahmed & others, 1982, 11 CLC (HCD)
.... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96. ...... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96. ......result, the order dated 29-5-82 discharging the Rule for default is hereby recalled and vacated and the Criminal Revision case is restored to its original file and number. 3 Let all further proceeding in Criminal Case No.1742 of 1977 pending in the Court of Sub-Divisional Magistrate, Patua..Category: Procedural Law | Date: 13 Dec, 1982 | Hits: 1
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
....p;………………Opposite Parties Judgment 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 ......pose 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 reason for such rejection at the initial stage. ......ppeals in such a perfunctory manner as has been done in the present case. The Additional District Magistrate avoided his responsibility as a Court of law to consider the case of a party in a judicial proceeding causing a serious miscarriage of justice. The High Court Division of the Supreme Court be..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
....ew 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 exclusively by the Magistrate, b......be without jurisdiction in continuing with the present fresh proceedings of which he has taken cognizance on a fresh complaint. Accordingly we find no reason to interfere with the proceedings at this stage. 11. Mr. Sircar next submits that the Subdivisional Magistrate has no jurisdiction to tak......ds will still continue on the same bail till the disposal of the case. A second prosecution is launched on the same facts after the discharge of the accused persons, it cannot be said that those proceedings are always entirely without jurisdiction. It depends upon whether the second prosecution..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
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