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Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)
....or is not left without a remedy under the Ordinance. Sub‑section (1) of section 32 empowers the Administrator to remove a mutwalli for causes specified therein and sub‑section 2 thereof confers a right upon a mutwalli aggrieved by the order of removal, to file appeal (the underlining is mine) to......ode of Civil Procedure is directed against an order dated 20.3.69 passed in Misc. Case No.262/66 by Mr. M Islam, Dist. Judge, Chittagong rejecting the prayer of the petitioner. Yar Ali Khan Chowdhury for examination of two witnesses namely, one Mr. Anwar Ali Chowdhury and one Mr. OR Nizam (who is si......le is accordingly made absolute without any order as to costs. The record of the case be sent back to the District Judge immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 147. ......stion and the learned District Judge had no jurisdiction to debar the petitioner from adducing evidences and taking steps according to the provision of Order 12, rule 4 CPC which is applicable in the trial of civil suit. Mr. Muhammad Habibur Rahman appearing on behalf of the opposite party No.1 cont..Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167
....elating to a matter in respect of which an application was made to it under section 34. Section 34 provided, inter alia, that any part to an industrial dispute relating to a matter arising out of any right guaranteed or secured to an employer or workman under any law could apply to the Labour Court ......
Judgment
Muksum-ul-Hakim J.- In this Rule, the petitioner challenges the validity of the Judgment and order passed by the Third Labour Court, Khulna, in Complaint Case No. 101 of 1970 and prays for a declaration that the same is without jurisdiction, void and of no legal effect.
2. The f......The Rule is accordingly, discharged. As none has appeared for the respondents, there will be no order as to costs.
Ed.
This Case is also Reported in: 24 DLR (1972) (HCD) 250
......cretary of the Daulatpur Jute Press and Baling Workers' Union. In the Absence of the General Secretary of this Union, he performed the functions of the General Secretary and took all steps in the trial of Labour Dispute Case No 87 of 1968 between that union and Messrs Khan Brothers Ltd. A new Un..
Category: Employment/Service Law, Labour and Industrial Law | Date: 7 Jan, 1971 | Hits: 181
Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)
.... Mst. Khurshid Bibi vs. Babu Muhammad Amin did not, at any place, lay down that the mere wish of the wife to dissolve the marriage tie was sufficient to entitle her to a divorce by way of Khula. This right of Khula is an absolute right by which the wife can herself dissolve the marriage. It is a rig...... The Code of Civil Procedure, 1908 (V of 1908), section 53, Order VI, rule 17 The High Court was in error in granting a divorce by way of khula when the plaintiff failed to establish her claim for dissolution of marriage on the ground of cruelty and non-maintenance and in the absence of any p...... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appellant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ...... dissolution of marriage on the ground of habitual cruelty, non-maintenance for more than two years and misappropriation of her property in the form of ornaments, etc. This, suit was decreed by the trial Court, but on appeal the Additional District Judge, Lyallpur, reversed the decision of the tri..Category: Family Law | Date: 11 Nov, 1970 | Hits: 195
Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)
.....66, at about 1-30 PM he held the post-mortem examination on the dead body of Askandar Ali. 6. The death, in the opinion of the doctor, was due to the extensive head injuries and injuries to the right-kidney and right lung. According to the Doctor, all the injuries were ante mortem and homicida......majority opinion of the assessors in respect of the two appellants convicted them of the offence under sections 148 and 302/149 of the Pakistan Penal Code and sentenced each of them to transportation for life. The learned Additional Sessions Judge agreeing with the unanimous opinion of the assessors......eby set aside. We direct that the appellants be set at liberty forthwith if not wanted in connection with any other matter. Ed. This Case is also Reported in: 24 DLR (HCD) (1972)103 ......irected against the order of conviction and sentence passed by the Additional Sessions Judge, 2nd Court, Sylhet on 13.9.66. The two appellants, along with 1.2 others (since acquitted), were placed on trial on charges under sections 148 and 302/149 of the Pakistan Penal Code. The trial was held with ..Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50
Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
....tances of the case disallowed the appeal which resulted in the failure of justice. 10. Mr. Mokhlesur Rahman, the learned Advocate finally submits that the Court of appeal below rightly ignored the sole finding of the trial Court inasmuch as under the provision of &n......the suit should not be set aside. 2. The fact of the case in short is that, the petitioner as plaintiff instituted Title Suit No. 169 of 2003 in the Court of Senior Assistant Judge, Savar, Dhaka for specific performance of contract for sale of the suit land impleading the opposite party Nos.1-3......the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58. ......filed written statement denying all the material allegations of the plaint contending that the bainapatro in question is forged and created, as such the suit is liable to be dismissed. 4. At the trial the plaintiff side examined two witnesses and exhibited some documents to &n..Category: Evidence Law | Date: | Hits: 6
Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....egation that the opposite party No.3 is a co-sharer by inheritance in the case jote, who transferred the case land to opposite party Nos.1 and 2 by a so-called deed of exchange in order to defeat the right of preemption of the petitioner. The pre-emptor is a co-sharer of the case holding and th......28.5.2005 passed by the learned Joint District Judge, 2nd Court (in-charge), Gazipur in Miscellaneous Case No.6 of 2004 rejecting the Misc. Case under Order 41, Rule 19 of the Code of Civil Procedure for re-admission of the appeal. 2. The relevant facts leading to the filling of the above appea...... this judgment. 28. Let a copy of the judgment along with reconstructed case record be sent down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 32. ......of the pre-emption application contending, inter-alia, that they acquired the case land by way of a registered exchange deed and as such the pre-emption case is not maintainable. 4. At the trial both the parties led evidence to prove their respective cases and the learned Assistant Judge ..Category: Civil Law, Procedural Law | Date: | Hits: 2
Rai Kishori Saha Vs. Md. Motaleb Ali and Others, 1892, 11 CLC (HCD)
....Section 96 Right to claim preemption a Hindu Widow – During the period of her life time a Hindu widow is a complete owner and co-share of any property or holding in question, with the right to claim partition and consequently having the right to claim preemption. Lawyers Involve......aim partition and consequently having the right to claim preemption. Lawyers Involved: Rafiqur Rahman, Advocate with Serajur Rahman, Advocate—For the Petitioner M.G. Bhuiya, for A.N.M. Shahidullah, Advocate—For opposite parties 1 to 3 Civil Revision No. 1022......he State Acquisition and Tenancy Act is restored. This Rule is, therefore, made absolute without any Order as to cost. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)178 ......he State Acquisition and Tenancy Act is restored. This Rule is, therefore, made absolute without any Order as to cost. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)178 ..Category: Property Law | Date: | Hits: 3
Moklesur Rahman & others Vs. State & others, 1983, 12 CLC (HCD)
....the court concerned immediately for early disposal of the present case. Amin-ur-Rahman Khan J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 174 ......er of release passed by his predecessor-in-office on 27-12-82 under section 339C (4) of the Code of Criminal Procedure as amended by Ordinance No. XXIV of 1982. The short fact relevant for the disposal of this Rule may be briefly stated as follows: 2. One Mst. Anjuna Khatun lodge......the court concerned immediately for early disposal of the present case. Amin-ur-Rahman Khan J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 174 ......sions Judge of Rangpur. Order No.1 dated 30-6-82 of the learned Sessions Judge reads as follows: “Received the records of G.R. Case No.103 of 1980 on this day from the S.D.M. Gaibandha for trial with direction to accused persons on bail for appearance on 13-7-82” 3. The case re..Category: Criminal Law, Procedural Law | Date: | Hits: 1
.... on such terms and conditions as may mutually be acted upon.
(iii) To purchase, take on lease, bijre or otherwise acquire for and on behalf of the Society properties moveable and immoveable, and rights and privileges as the Board may think fit.
(iv) To sell, exchange, lease, mortgage, disp......
High Court Division
(Special Original Jurisdiction)
Present:
Fazle Munim J
S. M. Hussain J
M. R. Khan, Chairman of the Board of Governors,
Bangladesh National Society for the Blind…………Petitioner &nb......t meeting of the Board of Governors held on 28-3-73. The Board of Governors also appointed him the Executive Director of the Society with effect from 1-10-72.
4. The petitioner claims that the affairs of the Society would have run on smoothly had not the Executive Director began to assert his i......mature stage.
Accordingly, the Rule in this petition should be discharged for the reasons stated herein before.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 602
..
Category: Constitutional Law | Date: | Hits: 2
Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)
....t indiscriminate Dao blows on the persons of P.W.s 3 to 5 and the deceased Sohel (aged 2 years) who was in the lap of his mother P.W. 3. The condemned prisoner Majibur Rahman struck a Dao blow on the right side of the abdomen of deceased Sohel as a result of which his intestine came out and he died ......hat appellant Majibur Rahman Gazi is a young man of 35 years of age and that initially he had no premeditation to murder, ends of justice would be substantially met if he is sentenced to imprisonment for life……………..(20) Lawyers Involved: S.A. Hasan, Assis......rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423 ......ge‑sheet on 19.4.90 against the condemned prisoner Majibur Rahman Gazi for the offence punishable under sections 324/326/307/302 of the Penal Code. 6. Accuscd Mojibur Rahman Gazi was placed on trial before the learned Sessions Judge, Jhalakafi, who framed charge against him for the offences p..Category: Criminal Law | Date: | Hits: 2
SM Sirajul Islam Vs. Janata Bank WAPDA Branch, 2013, 42 CLC (HCD)
....reby set-aside. The order of stay granted earlier by this Court is hereby vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 119. ......ecifically provided that the Artha Rin Adalat's case should be tried by the learned District Judge under the authority of the said Ain and not by any other law. There is a specific provision for Transfer of the Artha Rin case since the Artha Rin Adalat is a special law, i.e., Artha Rin Adal......reby set-aside. The order of stay granted earlier by this Court is hereby vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 119. ......dure in the Court of the learned District Judge, Dhaka praying for transferring the aforesaid suit from the Court of the Artha Rin Adalat No. Dhaka to any other Court of the Artha Rin Adalat for trial of the same. 4. The learned District Judge, Dhaka by his impugned order dated 9-4-2..Category: Banking Law, Civil Law | Date: | Hits: 3
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
....ate and conduct thereafter of the witness or of some other person in whose presence the statement was made." The learned Senior Special judge while dealing with the question of hearsay rightly referred to a passage which occurs in a Madras High Court decision in the case of Telikacher......udge and Ex-Officio Senior Special Judge, Jessore convicting the appellant S. M. Qamruzzaman under section 161 Penal Code and 5(2) of Act 11 of 1947 and sentencing him to suffer rigorous imprisonment for one year and also to pay a fine of Tk. 2000/-. 2. The prosecution case is that following th...... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107. ......e appellant as already stated above. 12. Being aggrieved by the, aforesaid order of conviction and sentence the appellant has preferred this appeal. The prosecution in this case went to the trial with its hand full with handicaps, some of which were beyond its control and some were its own..Category: Criminal Law, Evidence Law | Date: | Hits: 2
Anti-Corruption Commission Vs. Mofazzal Hossain Chowdhury Maya, 2015, 44 CLC (AD)
....l of the appeal on merit afresh. The leave petition is accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 230. ......gum, Advocate-on-Record—For the Petitioner. Abdul Baset MajuMd.er, Senior Advocate instructed by Nurul Islam Chowdhury, Advocate-on-Record.—For the Respondent. Criminal Petition for Leave to Appeal No.107 of 2011 . (From the judgment and order dated 27-10-2010 passed by th......l of the appeal on merit afresh. The leave petition is accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 230. ......ned. 2. We have heard the learned Counsel of both the parties and perused the impugned judgment of the High Court Division. 3. The respondent-Mofazzal Hossain Chowdhury Maya was put on trial before the Special Judge, 5th Court, Dhaka in Special Case No. 15 of 2007 for offences punisha..Category: Criminal Law | Date: | Hits: 4
Babul Robin de' Rozario Vs. Elizabeth R Das another, 2014, 43 CLC (AD)
.... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ......, Advocate, instructed by Clioivdhury Md. Zaliangir, Advocate-on-Record—For the Respondent No. 1. Md. Shamsul Alam, Advocate-on-Record—For the Respondent No.2. Criminal Petition for Leave to Appeal No. 442 of 2012. (From the Judgment and order dated 22-1-2012 passed by the...... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ......vision set-aside the judgment and order of acquittal passed by the learned Additional Sessions Judge, 5 Court, Dhaka in Criminal Appeal No.516 of 2010 and maintained the conviction passed by the trial Court under section 494 of the Penal Code and sentenced him to suffer rigorous imprisonme..Category: Criminal Law | Date: | Hits: 5
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
.... the case. In this view of the matter we do not find any illegality in the impugned order of the learned Assistant Sessions judge deemed to have been appointed as an Additional Sessions Judge. He has rightly set aside the order of the learned Magistrate and directed further enquiry. 10. The acc......ajee Azizur Rahman filed a petition of complaint in the Court of the Upazilla Magistrate, Fatikchari, Chittagong alleging that on 16.12.82 the accused petitioners being armed with deadly weapons formed an unlawful assembly along with other unknown persons, criminally trespassed into t......the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4. ......ed, the Magistrate has to state the case for the prosecution and give a finding that even if the whole case for the prosecution as believed, no offence whatsoever is made out. In our opinion the trial Court under section 141A Cr.P.C. (or section 265C Cr.P.C.) ordinarily can not go beyond findin..Category: Criminal Law | Date: | Hits: 1
Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)
....sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ......gh Court Division (Dhaka Bench) (Criminal Revisional Jurisdiction) Present: A.T.M. Afzal J Latifur Rahman J Mohammad Ali........................................Informant Petitioner Vs. Sukur Ali (The State) & others......................Opposi......sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ......ns case No.132 of 1984 rejecting the prayer for revival of the said case should not be set aside. 2. Facts relevant for the disposal of the Rule are that the Opposite-parties No.1-17 were facing trial in the aforesaid Court for alleged offences under sections 148/302 Penal Code. The case was re..Category: Criminal Law | Date: | Hits: 1
Md. Kobbat Ail Sikder Vs. Dayal Chandra Biswas and others, 2010, 39 CLC (HCD)
.... a minor was living with and under the care of his brother-in-law at Gopalganj and represented by a Court Guardian. As the petitioner being a minor was represented by a Court guardian both the Courts rightly and legally dismissed the miscellaneous Case and thus prayed for discharge of the Rule. 4......er. 2. The opposite parties as plaintiffs instituted Title Suit No.193 of 1974 in the Court of Munsif, Sadar Court, Gopalganj against Md. Ruhul Amin Molla and this petitioner as defendants praying for decree of declaration of title and recovery of Khas possession for the suit land described in th......ow affirming those of passed by the trial Court is hereby upheld. The order of stay passed earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 305. ...... Miscellaneous Appeal No.14 of 1986 before the learned District Judge, Gopalganj who after hearing also dismissed the appeal by his judgment and order dated 25.6.1989 affirming those of passed by the trial Court. Then the petitioner being aggrieved by and dissatisfied with the impugned judgment and ..Category: Procedural Law | Date: | Hits: 28
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....ficates for the purpose of inclusion of his name in the voters list and also failed to pay the dues of the Bangladesh Mudran Shilpa Samity and as such the Election Board and the Election Appeal Board rightly rejected their objection and since all the petitioners and others were elected in the Execut......nsed under the Trade Organization Ordinance 1961, (Ordinance No.XLV of 1961) to function as a Trade Organization of the sector printing and packaging Industry. The Chairman of the executive Committee for the year 2007-2009 made a prayer to the director, Trade Organization, Ministry of Commerce, the ......ection for the year 2009-2011 of BMSS at the instance of a 3rd party, i.e. the respondent No.5, although the election of the Samity for the period of 2009-2011 was held lawfully on 17.09.2009 freely, fairly, justly wherein the petitioners were elected. 12. Under such facts and circumstances and l......icially even though there is not, in the strict sense any lis before it and even though it is not called upon to administer oath or examine witnesses or grant an oral hearing as if it were holding, a trial. In other words, the view generally accepted is that whenever an executive authority is given ..Category: Business or Commercial Law | Date: | Hits: 72
Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)
.... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ...... Judge (now Joint District Judge) 2nd Court, Chittagong in Money Suit No. 6 of 1980, (re-numbered as Money Suit No. 603 of 1984) decreeing the suit against the defendant appellants. 2. Short facts for disposal of the appeal are that the plaintiff is a Limited Company and carries on the business o...... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ...... limitation and by the principles of estoppel, waiver and acquiescence, also stated that the plaintiff has no cause of action for the suit as against the defendant Nos. 1 and 2. 4. Thereafter, the trial Court framed various issues including whether the plaintiff is entitled to get a decree as pra..Category: Admiralty Law or Maritime Law | Date: | Hits: 69
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....d upon him by the Tribunal questioning the correctness of the same. There cannot be any doubt that the Judgment of the Tribunal empowered by law to adjudicate upon and decide any matter affecting the rights of the parties is inviolable unless the law allows it to be questioned or interfered with. ......riminal Miscellaneous Case No.5566 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application filed by the petitioner under section 561A of the Code of Criminal Procedure for quashing the Judgment and order dated 24-1-2007 passed by the learned Judge, Special Tribunal No......not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ......the accusation in question. In exercising its inherent jurisdiction the High Court Division would not embark upon an enquiry as to whether the evidence is reliable or not. That is the function of the trial Court/Appellate Tribunal and generally it would not be open to a party to invoke the High Cour..Category: Criminal Law | Date: | Hits: 36
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