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Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....ere there in no written Constitution. Supremacy of the Parliament in making laws is said to be absolute in terms. It has been said that Parliament in England can do anything except turning a man into woman or a woman into man in theory though not always in practice, as even in England Parliament is ......ed the legislature in making the said law regulating or withdrawing or restricting the right is not acting in violation of the provision of the Constitution. In the instant case it has been very forcefully argued by Mr. Amirul Islam and Mr. Moudud Ahmed that there is a violation of the fundamental r......y. Cases Referred to- Anwar Hossain Vs. Bangladesh; Madathil Ahmed Haji Vs. Muthana Kunshiram Kurup and another, AIR 1954 (Madras) 360; Hind Vs. The Queen 1976 1 All England Reports (PC) page 253. Lawyers Involved: Amir‑ul‑Islam with Zakir Ahmed, Md. Nurul Huda and Shirin..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......intiff‑opposite‑party to the previous admitted landlord of the suit holding i.e. Bhabani Prasad Saha. Accordingly, I find that the relationship of landlord and tenant between the parties has been fully established in this case, and the learned SCC Judge has not committed any error of law in comi......relief claimed by him in a Court of Small Causes depends upon the Proof or disproof of a title to immoveable Property or other title which such a Court cannot finally determine the Court may at any stage of the proceedings return the plaint to be Presented to a Court having jurisdiction to determine..Category: Civil Law | Date: | Hits: 140
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......ed as RAJUK (Rajdhani Unnayan Kartipakkha) by amendment of Town Improvement Act, 1953 as amended by Ordinance No. IV of 1987 the Kartipakkha is composed of Chairman and four members all of whom are full time officers of the Kartipakkha. The matter involving allotment of plots, assessment of valuat......Chairperson and accused Abdus Sattar, former Minister and Chief Whip, was a Director. It was alleged that the transaction was made illegally and in collusion with each other to obtain pecuniary advantage of Tk. 4 crores which constituted an offence under section 5(2) of Act H of 1947 committed by th..Category: Criminal Law | Date: | Hits: 81
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......1968. Ker. 6. In the case reported in ILR 45 Cal (P.C.) 878 the Privy Council held: "By Mohamedan Law the mother is entitled only to the custody of the person of her minor child up to a certain age according to the sex of the child. But she is not the natural guardian; the father alone, or, if..Category: Family Law | Date: | Hits: 255
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......ka in Money Suit No.11 of 1980, holding on a preliminary hearing, that the suit was maintainable. 2. An oil tanker named M.V. Pasharini belonging to the plaintiff-opposite party undertook a voyage from Italy to Dhaka via Cape of Good Hope and suffered a damage to its hull at Capetown. It was ..Category: Civil Law | Date: | Hits: 142
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
....should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......ek remedy against an action of the authority and that in a particular Statute provision of appeal is not attended with “an inviolable and non-relaxable condition of payment of fine or extra-duty in full” then it can be said that the forum so provided in the Statute to seek remedy against an orde......s, that after taking out the imported merchandise on payment of assessed duties and levies the petitioner used the raw material in his Industry and sold packing material in the market, that at that stage from the office of the respondent No.1 a notice being Nathi No. S4-02/AP/Group-6/94/12989-Cus da..Category: Fiscal/Taxation Law | Date: | Hits: 189
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
....First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473....... suffered irreparable loss and injury. The learned Munsif by the impugned order allowed the application for restoration of the suit after making the following observations:- "considering the old age of the petitioner I am of the opinion that the petitioner should get an opportunity to contest..Category: Limitation Law | Date: | Hits: 275
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
.... to live". 80. In the case of Phool Chand Vs. Jai Devi, AIR 1966 All 527, where the respondent was dragged by the appellant for committing sexual assault, it has been held- "where a man drags a woman for the purpose of committing sexual intercourse, the amount of damages has to be assessed at ......ther words, a master is responsible not merely for what he authorized his servant to do, but also for the way in which he does it. If a servant does negligently that which he was authorized to do carefully, or if he does fraudulently that which he was authorized to do honestly, or if he does mistake......ase is also Reported in: 62 DLR (HCD) (2010) 483. ..Category: Civil Law | Date: | Hits: 339
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
....annot be definitely held that there are reasonable grounds to believe that the petitioner is involved in the commission of the alleged crime of murder of her husband. (2) That the petitioner is a woman who has been ailing in jail for about 9 months without trial and that she has 3 minor chil......tempt also to cause death of the victim Anisur Rahman by the present accused persons. But in spite of that the name of this petitioner was not entered in the F.I.R. leading to this case. We have carefully considered the materials placed before us and we find that only allegations of a conspiracy of......ajeda Khatun, wife of the deceased, was the Principal. The informant also stated in the First Information Report that there is a conspiracy behind this killing which she would disclose at a later stage as she was perplexed at the death of her only son. 4. That accordingly Daulatpur P.S. Case No..Category: Criminal Law | Date: | Hits: 105
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....here appears to be reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life provided that a person under the age of sixteen years or any woman or any sick or infirm accused of such an offence may be directed by the Court to be released o......7A) of section 167 Cr.P.C. as the order dated 6.9.87 duly passed by the Chief Metropolitan Magistrate under section 167(7A) Cr.P.C. reviving the case for investigation by the Police continued to be fully operative. In the present case provision of section 173(3B) Cr.P.C. clearly applies and it r......nmondi residence (House No.55, Road No.12A, DRA) started ringing when her husband deceased Nuru Miah Chowdhury @ Bachchu Mia Chowdhury took up the phone and started talking over the phone. At one stage, her husband Nuru Miah Chowdhury said over the phone, "O.K. No problem." Thereafter deceased N..Category: Criminal Law | Date: | Hits: 127
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for information and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for information and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......ere acquitted by judgment and order dated 23.6.84. Be it mentioned that Nur Nabi and Enamul Hoque were tried in absentia. 2. Prosecution case may briefly be stated thus: On 11.8.78 Nona Mia of Village Char Ulgi being accompanied by his son appellant Nasir Ahmed went to Chaprasir Hat to sell his c..Category: Criminal Law | Date: | Hits: 117
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
.... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ......nts which were before the Court. Further, that Court found that there was agreement to sell the disputed land between the plaintiff and defendant No.1 on receipt of consideration of Tk. 9,000/- the full consideration being Tk.10,000/-. The further finding of the trial Court is that the defendant...... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ..Category: Civil Law | Date: | Hits: 133
.....
In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
......n colossal loss to the petitioner and the public at large resulting in shortage of materials in the market or that the impugned orders were made without lawful authority. The Respondent No.1 acted lawfully, rightly and legally in accordance with the decision of the Government in order to implement......04. That the said orders are arbitrary, capricious and whimsical and disconnection in respect of the line will result in colossal loss to the' petitioner and the public at large resulting in shortage of materials in the market, high price and corruption and the order is liable to be cancelled/ r..
Category: Others | Date: | Hits: 227
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
....deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......e court below that the learned Subordinate Judge has taken into consideration the material facts and issues in this case and has given a serious consideration to the same. The learned Judge has carefully discussed the evidence of petitioner’s witnesses as well as the evidence led by the opposite......deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ..Category: Property Law | Date: | Hits: 100
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....n filing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......are in fact substantive in nature concerning substantive right of an accused to be heard before he is condemned. These are mandatory provisions of law and not merely procedural and if not followed in full it will render all subsequent proceedings, finally ending up in a trial in absentia, coram no...... in the absence of the accused. 7. In the instant case, it is an admitted fact that the trial was held in absentia. It is the specific case of the appellant petitioner that he is resident of village Suknakuri, under Durgapur Upazila. A criminal case was started against him for an offence allege..Category: Procedural Law | Date: | Hits: 122
Seraj Miah Vs. State, 1997, 26 CLC (HCD)
....assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ......ng rational answer to those questions and, so, the child witness is a competent witness and the trial Court has correctly relied on the evidence of P.W.6, daughter of the deceased, which has received full corroboration from the circumstantial evidence and there is hardly any ground for assailing the...... business establishment and a residence behind it. At 4‑30 PM on 18‑1‑91 P.W.7 Kala Mia, domestic servant of the informant, came to his shop and informed him that there was trouble in their village home and that the informant’s wife had been dealt a dao blow on the neck by appellant Siraj Mi..Category: Procedural Law | Date: | Hits: 94
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......ation a definite opinion was, therefore, formed by the SI as to the relatedness of these two cases. 4. The prosecution case, in a nutshell, has to do with events as transpired on 24-9-1997 and fatefully set into motion by individuals of whom the Condemned Prisoners Moksed and Tutul are most promi......by Moksed. 13. Against this backdrop, this Court finds merit both in Mr. Chakrabortty's submission and his reliance on the judgment in Khalil Mia Vs. State reported in 4 BLC (AD) 223 that the language, drift and tenor of Moksed's confession of 29-9-1997 indeed reads as voluntary and at the very l..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....and abroad specially from the Supreme Court of India and he concluded his submissions by quoting from a book titled Equality of Sex by Mr. Justice VR Krishna Ayer at Page 145- "The fight is not of woman's status but for human worth. The claim is not to end the inequality of women but to restore u......scrimination at para 553: 553. Any benign affirmative action with a view to equality amongst classes of citizens is a constitutionally permitted programme but the weapon of reservation must be carefully and sparingly used in order that, while the victims of past discrimination are appropriately c......Commissioners from the reserved female seats (Annexure A). In due course, they took office as such Commissioners. A meeting of the Standing Committee on "Health, Family Planning, Conservancy and Drainage of the Corporation was held on 7‑8‑2002 in respect of observing the National Immunization Da..Category: Constitutional Law | Date: | Hits: 443
Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......….Opposite Parties Judgment November 12, 1998. Result: The Rule is made absolute without any order as to costs. Cases Referred to- Nirode Chandra Banerjee Vs. Profulla Chandra Banerjee and others, 40 CJL 535; Fayez Ahmed and another Vs. Kunchama Khatun and other...... and another Vs. Kunchama Khatun and others, 12 DLR 712; 54 CLJ (PC); Md. Idris alias Shelim and others Vs. Bazal Ahmed and others, 40 DLR 317; Googlee Sahoo Vs. Premlall Sahoo and another, ILR 1881 page 148. Lawyers Involved: Shahidul Islam, Advocate — For the Petitioner MA Wah..Category: Civil Law | Date: | Hits: 154
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......ernment the same was transferred to defendant No.4 appellant Sena Kalyan Sangstha by a registered kabala dated 4.10.80 and by virtue of transfer Sena Kalyan Sangstha has been possessing the same peacefully as absolute owner thereof through defendant Nos.2 and 3 and the plaintiff has got no right, ti...... of khas possession. 4. Defendant Nos.2, 3 and 4 contested the suit by filing separate written statements. Defendant Nos.2 and 3 are Resident Director, Sena Kalyan Sangstha and one Wares Khan, Manager, Fasons Metal Industries respectively. The defendants filed written statement denying the mater..Category: Property Law | Date: | Hits: 111
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