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Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ......ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ......o. 574 of 1997. Judgment Amirul Kabir Chowdhury J. - This Rule arises out of an application under section 115(1) of the Code of Civil Procedure at the instance of Reazul Karim, opposite party before the Election Tribunal. The opposite party No.1 named Kabir Ahmed was the petitioner before the ......performed in due and normal course there is no scope for the Election Commission to intervene. After the notification any dispute regarding Election is to be brought to the notice of the Tribunal for determination. 11. But on many occasions untoward things may happen, such as, capturing the polli..Category: Election Law | Date: | Hits: 248
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......dant No.1 failed to prove her part of the story and her alternative story broke down completely in cross-examination. 7. In the case of Jogesh Chandra Das Vs. Farida Hasan, BCR 1984 (AD)127 this principle of law, namely that the alternative case of the defendant needs to be fully established to......er. 2. Briefly stated the case of the plaintiff-petitioner is that the suit land belonged to defendant Nos. 1-4. The plaintiff and the defendants entered into an unregistered bainapatra on 11.4.77 for the sale of the suit land for a total consideration of Tk. 7000/- out of which the plaintiff-pet......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344...Category: Property Law | Date: | Hits: 133
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
.... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......rs, AIR 1918 (PC) 339; Abdul Jalil Sikdar and others Vs. Korshed Ali Dakua and ors, 27 DLR (AD) 143; In the case of Most. Ghulam Ilahi Vs. Muhammad Waris Khan, 10 DLR (FC) 174 it was held:- "The principle of law is that possession is not to be considered adverse if its origin can be referred to......anj, District Dhaka belonged to Faloo alias Sk. Faloo as Jote Faloo (রায়াতিস্বত্বে স্থিতিবান) =occupancy raiyat. Faloo had 16 annas raiyaty right in the aforessid plots of the said two Khatians. While he was owning and possessing the aforesaid lands in a...... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335...Category: Property Law | Date: | Hits: 135
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....arned Subordinate Judge, Second Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ......arned Subordinate Judge, Second Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ......iff—opposite party, Muslima Khatun on coming to know about the said decree, filed a suit being Title Suit No.147 of 1988 in the Court of Subordinate Judge, Second Court, Sylhet which is now pending for setting aside the decree in the aforesaid T.S. No.206 of 1970. The plaintiff opposite party al......ssion 'preliminary' in Order XLI, r.23, of the Civil Procedure Code is not confined to such legal points only as may be pleaded as a bar to a suit but comprehends all points or issues of fact or law, determination of which has precluded the necessity for determining other points or issues which ha..Category: Civil Law | Date: | Hits: 205
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457.......nder section 147 because every member of any unlawful assembly is guilty irrespective of whether he did any overt act or not. 10. I have perused both the cited cases. It is clear to me that the principle laid down in the case of Bangladesh Vs. Abed Ali is applicable in the facts and circumstan......the Penal Code. All the petitioners were acquitted by the trial Court on the ground that there was a long standing enmity between the parties, that the accused persons also filed a case against the informant and the witnesses of this case over on occurrence of the same date. The learned public prose......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457...Category: Criminal Law | Date: | Hits: 109
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447.......wo requirements are fulfilled by the plaintiff, only then he is entitled to get a permanent injunction. If we look to section 110 of the Evidence Act we find that this section embodied the well known principle of Roman Law that possession is prima facie proof of ownership and, when therefore, a pers......torney-General — For the Opposite Party. Civil Revision No.2199 of 1990. Judgment Abu Sayeed Ahammed J.- This Rule issued at the instance of the plaintiff in Title Suit 80 of 1988 for permanent injunction. 2. Trial Court decreed the suit by its judgment dated 22-11-88. The ......charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447...Category: Property Law | Date: | Hits: 103
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452....... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452....... Ltd., 28 DLR (AD) 70 . Lawyers Involved: S R Pal with T Islam and AKM Nazrul Islam, Advocates- For the Appellant (In Appeal No. 13 of 1991). Rafiq-ul-Huq with Md. Fazlul Houque, Advocates- for the Appellant (In Appeal No.12 of 1993). Khondoker Mahbuddin Ahmed with AQM Fazlul Huq Khan, ...... 35 of the BSRS Order for realisation of outstanding dues as public demand. 16. In view of the submissions of the learned Advocates for the appellants as well as for the respondents the points for determination in this appeal are (1) whether a secured Creditor like the appellant BSRS can realise ..Category: Company Law | Date: | Hits: 317
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
.... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441.......e case is bad in law and should be set aside". It appears that in the present case one charge both under sections 460 and 302134 BPC was framed against all the accused persons. It appears that the principle of law enunciated in the above case is applicable in the facts of the present case. 34.......ce passed by Mr. SM Jamshedur Rahman, Additional Sessions Judge, Netrokona in Sessions Case No.297 of 1984. 2. The relevant facts of the case as stated in court by P.W.1 Abdur Rashid, son of the informant Abdul Hamid Khan (now deceased) is that on the night following 8th Sravan, 1389 BS correspon...... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441...Category: Criminal Law | Date: | Hits: 112
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420.......at the petitioner was not given any show cause notice or heard before cancellation of the lease and so the order of cancellation of the lease is illegal and without jurisdiction being contrary to the principles of natural justice. It is further stated by the petitioner that he had himself observed a......1 and 12 of the tender notices would be relevant. The term 8 is as: ‘‘After the security deposit and the royalty as at Sl. Nos. 6 & 7 above are paid the party shall execute a lease deed for a period of 2 years commencing from the date of the possession of the premises." The term ......d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420...Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
.....73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414........73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414.......11 acres in area upon which stood a tin‑shed and a kitchen, bearing Plot No.273 appertaining to khatian No.326 of mouza Kaoraid under PS Sreepur which the applicant Abdul Baten purchased on 13.6.70 for a consideration of Tk. 2000.00. Abdul Baten sold the homestead to the petitioner Rahima Begum by......f such economic distress if the transferor or the members of his family do not in the aggregate own, after the transfer, more than three acres of such land. From this provision the only yardstick for determination of existence of economic distress is the quantum of agricultural land left with the tr..Category: Property Law | Date: | Hits: 110
....assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
...... Court but exclusively in some other body."
11. Apart from the fact that the points at issue in the case reported in 33 DLR (AD) page 305 are not at all similar to those in the case before us, the principles of law involved therein and the context in which the above observations of Asquith, L.J.,......he was posted at the Dhaka Office of the said Corporation. The Petitioner transferred the Respondent No.2 to its Office at Comilla. The Respondent No.2, thereafter, filed I.R.O. Case No.267 of 1988 before the 1st Labour Court, Dhaka challenging the said order of transfer on the ground that he being ................shall be decided at the first instance by the authority concerned, and if the employee is dissatisfied with any such decision.......shall be determined by the Minister, and the Minister's determination shall be final." A point was raised by the defendants that since the plaintiffs right ..
Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
..... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ......62 (265) however, refused to convert the petition for revision into an appeal as the prayer for conversion was made about four years after the revisional application was filed although reiterated the principle of conversion by quoting with approval a portion of commentary on section 115, C.P.C. "Whe......MS Ali J Zehad Ali..........................Appellant Vs. Kharshed Ahamed & others.............................Respondents Judgment September 2, 1984. Result: The application for revision is allowed. Cases Referred to- Seth Nanhelal and another Vs. Umrao Singh and a....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ..Category: Property Law | Date: | Hits: 115
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ...... contention by saying that the question relates to the maintainability of the suit for want of notice and is a question of law which can be raised even at the last Court of appeal. It is well settled principle of law that a question of law can be raised even in the Court of last resort even though n......y Vs. Md. Ishaque and others, 35 DLR (AD) 364. Lawyers Involved: M. Fazlul Karim, Advocate - For the appellant. P. Bhattacharya, Advocate - For the respondents Nos.1 & 2. Mokbul Ahmed for Mozammel Huq, Advocate - For the respondent No.3. Appeal from Appellate Decree No.174 of 1970......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ..Category: Business or Commercial Law | Date: | Hits: 397
....t lawful authority and that those are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 326.
......hittled down by any device. It cannot be even accepted that an acquisition proceeding may be started without any agreement, but if a subsequent agreement is reached then it amounts to validation. The principle of subsequent validation cannot be entertained in a matter where the property rights of th...... Involved:
Abdur Rashid, Advocate - For the Petitioner.
Fakhrul Islam, Assistant Attorney General with G.A. Mannan, Assistant Attorney General, Advocates - For Respondent No.2.
Fida M. Kamal for Habibul Islam-Bhuiyan, Advocate - For Respondent No.3.
Writ Petition No. 179 of 1986.
Judg......t lawful authority and that those are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 326.
..
Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)
....fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ......airman by urging fresh facts which were known to him as a candidate before he filed Writ Petition No.849 of 19M and which he could have urged in the said Writ Petition also. Mr. Paul submits that the principle of estoppel by judgment will operate in the present case and the petitioner will be estopp...... Mustafa Kamal J.- In this Rule Nisi the petitioner, a contestant in the election of Chairman of Shakta Union Parishad, Upazila Keraniganj, District Dhaka challenges the acceptance of result of the aforesaid election held at Ati Panchdona High School centre and Nayabazar Primary School centre and a......fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ..Category: Election Law | Date: | Hits: 215
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
.... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ...... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ......ent debtors. 2. Facts that have given rise to this Rule, in brief, are that the plaintiff brought Title Suit No.173 of 1961 in the Court of the then Munsif, Cox’s Bazar against the defendants for declaration of his title to the suit land and for khas possession after demolition of the struct......-1992 and fixed 3-6-1992 for taking necessary opposite parties were aware of the execution proceeding at least on the date on which they made such an application. Now the central point that calls for determination is whether the execution proceeding is barred by limitation for not having proceeded w..Category: Property Law | Date: | Hits: 94
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......was not supposed to use the note unless there was a contract between the two appellants. It also indicates that they were having knowledge of the forged or counterfeit note. But it is the established principle of criminal law that to award punishment upon a person, law must be construed strictly and......ed by the Sessions Judge, Munshiganj in Session Case No.1 of 1994 convicting the appellants under section 489B of the Penal Code and sentencing each of them thereunder to suffer rigorous imprisonment for ten years with a fine of Taka 2000/- for each in default to suffer rigorous imprisonment for ano......in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111
.....90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
......e the activities of the two Local Government Institutions.
9. In support of his contention that the amendment has been brought within the permissible limit of Article 27 of the Constitution, the principles of law enunciated by the different Courts of this subcontinent, particularly in India and......rishad and Upazila Administration Re-Organisation) (Third Amendment) Ordinance, 1989 making thereof, among other provisions, a Chairman of a Union Parishad shall be disqualified from election as, or, for being a Chairman of the Upazila Parishad.
2. It is stated that the Election Commission has gi.......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
..
Category: Election Law | Date: | Hits: 391
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......t that was lawful when it was done. Referring to the decisions of Marks Vs. United States, 430 US 188 (1977) and Beazell Vs. Ohio, 269 US 167 (1925) Professor Bernard Schwartz observed: "The basic principle is that person have a right to fair warning of that conduct which will give rise to crimin......Case No.126 of 2010 corresponding to ACC GR Case No.83 of 2009 arising out of Cantonment PS Case No.08 dated 26-10-2009 under Section 2/4(2) of the Money Laundering Prevention Act, 2009 now pending before the Court of the learned Metropolitan Senior Special Judge, Dhaka in violation of fundamental r......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ......he writ petition, impugned Memo and the annexure thereof and submits that the University authority without hearing the petition cancelled the certificate of the petitioner which is clear violation of principle of natural justice. He further submits that the Chittagong University formed an enquiry co......lish Certificate) upon surrendering Bengali certificate of those examinations on 14-7-1992. Due to his personal need the petitioner submitted an application on 21-7-2005 with a bank draft of Taka 400 for giving him Mark sheet of BA pass) Examinations in English (English Mark Sheet) after submitting ......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ..Category: Others | Date: | Hits: 186
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