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Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
.... Registration Act on 17.9.80. The former document was so endorsed on 3.12.80. Opposite party No.1 Ahamedur Rahman filed the pre‑emption case on 30.3.81 claiming himself as a co‑sharer in the case holding both by inheritance and purchase and also as owner of the contiguous land. 3. Opposite pa......ansferred. So pre‑emption is prohibited. Therefore, in the instant case the transfer being a gift of 0.70 acres land showing its price at Taka 2000.00 only is beyond the scope of pre‑emption. Moreover, the gift in the present case has been made by the father‑in‑law to the daughter‑in‑law..Category: Property Law | Date: | Hits: 127
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....is insertion of section 5A that the intention of the legislature was to extend the time limit for investigation. In the Criminal Law Amendment Act, 1958, there is no special or separate provision for holding investigation. Under sub-section (6) of section 5 of the Criminal Law Amendment Act, 1958 a ......vestigation within the said period of six months, specific order of the (Chief Metropolitan Magistrate or the District Magistrate, as the case may be) shall have to be obtained; Provided that the Government may, by order, revive the case at any time if the case is triable exclusively by Court of ..Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....esses each in the case and also produced a good number of documents and admitted those documents in evidence marking as exhibits. 6. The trial Court after hearing the case decreed the suit in full holding that: “So considering the above facts and circumstances I am of the opinion that public......,00,000.00 hereinafter referred to as DOS policy, and the second one is under Machinery Break Down policy for an amount of Taka 30,00,000.00, hereinafter referred to as MBD policy. Both the policies covered a period from 24-2-88 to 23-2-89. Those policies were taken by the plaintiff to cover the ris..Category: Business or Commercial Law | Date: | Hits: 522
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
....issed Title Suit No.482/84. Thereafter the learned Additional District Judge, 1st Court Dhaka also dismissed the appeal on 21.7.86 preferred by the accused persons (being Title appeal No.151 of 1985) holding that the bainapatra is forged and fabricated. T.S. No.481 and T.S.482 of 1984 were tried ana......ion was given in evidence in the aforesaid Title Suit in the Court of the Subordinate Judge. Therefore, no Court can take cognizance of any offence under section 467 of the Penal Code (which is covered by section 463 of the Penal Code) without a complaint in writing by the Court in which such d..Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....the suit is not convincing, that no evidence was adduced by the defendants that plaintiffs were friendly with defendants, etc. On the above findings the learned Subordinate Judge decreed the suit holding that all the issues were in favour of the plaintiffs. Against the judgment and decree of t......other defendant No.2 Maqbul Hasan Khan (who had also knowledge of the aforesaid contract with the plaintiffs) in place of his son Ehsanul Hasan Khan. Thereafter on 15.5.78 the defendants handed over the Photostat copy of lease deed (between the C & B and the then M/s. East Pakistan Alumini..Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
....plated in section 2(XXVIII) of the said Ordinance. Ultimately, the said Labour Court on consideration of the materials on record, by the impugned judgment and order dated 10-11-85 dismissed that case holding, that the petitioner being an Assistant Teacher of the Crescent High School is an employee o......ment of the school, according to the rules and regulations of the Board of Intermediate and Secondary Education.” 5. It is further stated in that affidavit that the service of the petitioner is governed by the rules and regulations of the Board of Intermediate and Secondary Education and that t..Category: Labour and Industrial Law | Date: | Hits: 184
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....tion without cross-examination by the defence. 6. P.W.14 Dr. Golam Mohiuddin Faruque, Medical Officer at Peni Hospital, has proved the post mortem report prepared by Dr. Ramandra Rajjan Taka after holding post mortem examination on the dead body of Waliullah on 10.1.89 because he was out of Bangl...... x B; 2) Bruise wounds on anterior aspect of upper part of both legs placed vertically each measuring 3”x1”: 3) Chest wall depressed and deformed; 4) Numerous swellings and echymosis all over the body and head of variable sizes. In the opinion of the doctor the death was due to shock..Category: Criminal Law | Date: | Hits: 147
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
.... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426.......in: 51 DLR (HCD) (1999) 426...Category: Property Law | Date: | Hits: 156
Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)
....learned Advocate appearing for the petitioner, has submitted that the Court below erred in law in rejecting the application under Order 21 rule 29 read with section 151 of the Code of Civil Procedure holding the said application ought to have been made in execution case itself ignoring the true impo......thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425...Category: Procedural Law | Date: | Hits: 178
....gainst this judgment and decree, defendant No.1 has preferred this appeal.
4. Mr. MI Farooqui, learned Advocate for defendant No.1 appellant, has submitted that the Court below erred in law in not holding that the suit was not properly constituted because the Government, though a necessary party,......geon. The defendant also received treatment in New Delhi under Professor Tandon, Neuron Surgeon, to whom he was referred by Professor Rashiduddin Ahmed, It is further stated that defendant did not recover from his illness and also received treatment in Pakistan under Dr. Jumma, Neuro Surgeon, and Pr..
Category: Property Law | Date: | Hits: 120
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
....l in proving his case of exclusive possession. No doubt the question of title may be looked into incidentally but decision on title in a suit for permanent injunction is not guiding principle for holding that the suit is not maintainable without partition suit. Where a plaintiff purchases the ......he defendant Kamaluddin by registered kabala dated 22.3.72 and has been in possession thereof since then and he also mutated his name in the recent settlement record and has been paying rents to the government. His further case was that defendant Nos.1 to 3, the present petitioners, without having r..Category: Property Law | Date: | Hits: 95
Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
....Court and 1(one) is still absconding. But no step has been taken as yet to hold the trial against him in absentia. So, it has been submitted that there has been unreasonable and inordinate delay in holding the trial of this case and consequently the petitioners have been subjected to under harassm......Shahidul Islam, Rezuan Alam and the neighbours Asimuddin, Ansar Ali, Amjad, Abed Ali, Idris Ali, Abdul Jalil, Abdul Khalil raised protests but in spite of their protests, the accused-petitioners went over the disputed land and tried to cut away the paddy and hence there was serious altercation bet..Category: Criminal Law | Date: | Hits: 74
Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)
....violating the provision of the Municipal Law and in violation of the building plan sanctioned by the Mymensingh Municipality, on the allegation that the plaintiffs have their own residential house in holding No.31 within the Mymensingh Municipality while holding No.32 which is adjacent north of the ......himself made an enquiry and came to a finding that rain water would not fall on the pathway of the plaintiff, but the Court took an undertaking from the defendant that they will not erect any sunshed over his window on the side of the plaintiffs land, and also an undertaking from the defendant tha..Category: Civil Law | Date: | Hits: 178
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....e-sided findings of the Board. The issue does not revolve round the question of Declaration only, as applied for, but also the propriety of the judicial process and the credibility of the Board, in upholding the press freedom under the law and the Constitution, is also pertinent. 11. Relevant ex...... for Daily Ittehad in Kolkata. 4. When it was detected that the DM without being explicitly negative and without showing any reason for his passivity on the petitioner’s application for a period over sixty days, the latter filed an appeal to the Press Appellate Board (henceforth the Board). ..Category: Others | Date: | Hits: 171
Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)
....with constables Yousub Ali, Younus, Golam Rasul and Hanif and prepared the inquest report on the dead body of victim Rabeya Begum. He sent the dead body to Barisal Medical College Hospital Morgue for holding post-mortem, and seized the alamats including a dao used in commission of the occurrence fro......0 p.m in a field near to the house of Khabir Kha. 3. On disclosure of the above facts, the police arrested the appellant and his two friends and produced them before the Court. The police also recovered the dao, by which the appellant had slaughtered the victim Rabeya Begum. On finding of the ab..Category: Criminal Law | Date: | Hits: 125
Sirajuddin Sarkar Vs. Md. Fazlul Haque and others, 2012, 41 CLC (HCD)
....on the same subject matter were pending before the civil Courts. The Magistrate, on hearing of the parties and perusal of documents, was satisfied that the point of controversy should be dissolved by holding trial, thus rejected the application and framed charge under sections 482 and 483 of the Pen...... and that several civil cases on the same subject matter were pending before the civil Courts. The Magistrate, on hearing of the parties and perusal of documents, was satisfied that the point of controversy should be dissolved by holding trial, thus rejected the application and framed charge under s..Category: Procedural Law | Date: | Hits: 114
Md. Alamgir Bhuiyan Vs. State, 2012, 41 CLC (HCD)
....ipt of the complaint, the Magistrate sent it for judicial inquiry to be conducted by the Assistant Commissioner (land) Devidwer, Comilla by his order dated 10.8.1997. The Assistant Commissioner after holding judicial inquiry submitted a report on 7.9.1997 with a finding of prima facie truth in the a......e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 85
Sahajahan and others Vs. State, 2012, 41 CLC (HCD)
....o make her submissions. 7. Mrs. Syeda Rabia Begum, learned Assistant Attorney General appearing for the State-opposite party, submits that the first information report clearly discloses offence of holding illegal arms, explosion of bombs, creating terror in a polling centre and obstructing public......eleasing them under section 339 C of the Code. Learned Judge heard the application and rejected the same by order dated 19.7.1992 on the ground that the time-limit for conclusion of trial was not yet over. Against the said order of rejection, the petitioners moved in this Court with the present appl..Category: Criminal Law | Date: | Hits: 124
Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)
....nimous decision. His lordship Mr. Justice Mustafa Kamal in paragraph 7 of the judgment observed as follows: “It is therefore of no consequence if the learned Sessions Judge has made a mistake in holding that since he had taken charge of the Sessions Division on January 23, 1991, a fresh period ...... scope of stopping any criminal proceedings for non-conclusion of trial within the time-limit under section 339C (4) has been repealed. Now any criminal proceedings though initiated earlier, will be governed by the amended procedural law. 8. We have considered the submissions of learned Assistant..Category: Procedural Law | Date: | Hits: 112
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
....er forcibly on some written papers and he informed the employer of the same by a letter dated 20.11.83 requesting the employer to replace the enquiry officer and to appoint a neutral person for holding fresh enquiry. But no action was taken. Ultimately he was dismissed from service by a lett......s asked to appear in person before an enquiry committee on 12.11.83. Accordingly he appeared before the enquiry committee with his witnesses but their statements were not properly recorded nor read over to them. The witnesses for the employer were not examined in his presence although his thum..Category: Labour and Industrial Law | Date: | Hits: 160
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