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Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......54 dated 19-03-09 under section 5(2) of the Prevention of Corruption Act, 1947 and sections 420/409/109 of the Penal Code, pending before the Court of Chief Metropolitan Magistrate, Dhaka. 12. The principle of criminal jurisprudence is that a person concerned should submit to the process of justi....... In writ Petition No.4206 of 2009 initiation of Tejgaon PS Case No. 53 dated 19-3-2009 under sections 5(2) of the Prevention of Corruption Act, 1947, sections 420/409/109 of the Penal Code pending before the Court of Chief Judicial Magistrate, Dhaka has been challenged by the petitioners. 3. Sim......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ..Category: Criminal Law | Date: | Hits: 107
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......lil and others………………........Petitioners Vs. Mujibur Rahman and others……..............Respondents Judgment July 30, 2012. Result: This petition is dismissed. Suit for specific performance of contract In a suit for specific performance of contract, the questio......n was genuine and whether on the basis thereof the plaintiffs are entitled to get a decree. It has further been held that the averment for addition of party will convert the present suit into one for determination of title which is not permissible in law. 17. In the case in hand, addition of def..Category: Civil Law | Date: | Hits: 186
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......f the plaintiffs, the High Court Division as well as the lower appellate Court came to a finding that they could not prove possession of the plaintiffs in the suit land. 7. It is now well settled principle that the plaintiff is to prove his own case and that weakness of the case of the defendant......appeal is dismissed. Lawyers Involved: Md. Nurul Amin, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1076 of 2009. (From the judgment and decree dated 29.01.2009 passed by the......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..Category: Property Law | Date: | Hits: 101
....t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......of 2007 rejecting the plaintiff of the suit.
2. The appellant as plaintiff on 8-4-2007 instiÂtuted Title Suit No.83 of 2007 in the 5th Court of Joint District Judge, Dhaka against the respondents for declaration that the order dated 5-7-1994 termiÂnating the plaintiff from the service of the de......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......writ petition is not maintainable against the judgment and decree passed by the Artha Rin Adalat as alternative forum of appeal is available under section 41 of the Ain. 19. By now it is a settled principle of law that a judgment and decree passed by the Artha Rin Adalat cannot be challenged in w......ondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ..Category: Civil Law | Date: | Hits: 269
Machafrue Magni Vs. Seman Magni & others, 1988, 17 CLC (HCD)
....al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ......d step brothers it is natural that the first should exclude the second and the second should exclude the third. In the instant case the rival claimant is elder full sister and younger half sister, so principle of law enunciated in the case cited fully covers the present case. It is to be mentioned t......- This appeal at the instance of the plaintiff is directed against a judgment and deÂcree dated 22.7.76 passed in Title Suit No.103 of 1975 by the Subordinate Judge, Patuakhali dismissÂing the suit for declaration of title on contest with cost. 2. The appellant before us as plaintiff filed the ......al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ..Category: Property Law | Date: | Hits: 107
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....d cancelled. A copy of the deÂcree be sent to the Sub-Registrar concerned for necesÂsary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......d cancelled. A copy of the deÂcree be sent to the Sub-Registrar concerned for necesÂsary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447......., Barguna, in Title Appeal No.25 of 1985 reversing the judgment and decree datÂed 29.3.84 and 18.4.84 respectively passed by the Munsif, Barguna decreeing-Title Suit No.46 of 1981. 2. The suit is for a declaration that the kabala purported to have been executed on 9.2.79 by defenÂdant No.2 Men......gistrar's office. There are strong circumstances in favour of collusion. 8. The learned Subordinate Judge has not at all adverted to the evidence and considered the circumÂstances so material for determination of the point at issue and I quite agree with the learned Advocate for the petitioner t..Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......d 1.1.1981, Dr. Suraiya Hossain, wife of Dr. A.S.M.T. Hossain was inducted into the house as a tenant by the landlady Mrs. Taherunnessa in the 1st floor of the said three storied residential building for residential purposes. The tenant Dr. Suraiya Hossain and her husband, both of whom are foreign q...... Act. would come into play. 21. Section 116 of the Transfer of Property Act speaks of holding over. It provides that if a lessÂee or under lessee of the property remains in possesÂsion after the determination of the lease and the lessÂor or his legal representative accepts rent from lessee or ..Category: Property Law | Date: | Hits: 88
....lt all the three appeals are disÂmissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
......Scott Vs. Avery and others was given by the House of Lords in 1855-1856.
16. The (Indian) Contract Act was enacted in 1872 and it appears that section 28 of the Contract Act embodied the aforesaid principle of common law enunciated in the case of Scott Vs. Avery. Section 28 of the Contract Act is......er inÂstituted Title Suit Nos.25 of 1970 and 26 of 1970 in the Court of the Subordinate Judge at Khulna against Adamjee Insurance Co. Ltd. and Eastern FedÂeral Union Insurance Co. Ltd. respectively for passÂing a judgment in terms of the award under section 17 of the Arbitration Act. On the appli......lt all the three appeals are disÂmissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
..
Category: Business or Commercial Law | Date: | Hits: 290
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115....... Suit No.245 of 1975 should not be set aside. 2. A suit being T.S.No.254/1975 was filed by the plaintiff opposite party against the defendants peÂtitioners in the 1st Court of Sadar Munsif Sylhet for declaration of his right of pathway over the disputed second schedule land of the plaint which i......mission implied or express. 11. In determining the real question at issue in this case it is not sufficient to dwell on that point alone to the exclusion of other vital points closely related with determination of the expression "as of right"—In a suit for prescriptive right of way, the plainti..Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......vit-in-opposition asserting that the suspension order in question was issued by way of misusing the power by the prescribed authorÂity in violation of statutory provision of law and has offended the principle of natural justice. The responÂdent thereafter filed supplementary affidavit stating that......tion of the office the petitioner has been disÂcharging his function as Chairman of the Parishad to the satisfaction of all concerned. The term of the ofÂfice of the Upazila Chairman previously was for 3 years and thereafter it was extended for a period of 5 years by way of an amendment of section......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110...Category: Others | Date: | Hits: 175
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....judgment and order be transmitted to the Secretary, Ministry of Home AfÂfairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......, 3, 4 and 5 show that there are no specific and definite allegations therein and these are vague and are in general terms. As such, all these four grounds suffer from vagueness. It is also a settled principle that even if one of the several grounds of detention is found to be vague the whole order ......etenu Ansarul Huq, son of late Azizul Huq, Ex-Manager, Agrani Bank, Khatunganj Branch, Chittagong at present of 86/1, Dhaka Nagar Lane, Dhaka, now detained in Chittagong Jail, should not be brought before this Court, so that this Court may satisfy itself that the said detenu is not being held in cus......judgment and order be transmitted to the Secretary, Ministry of Home AfÂfairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ..Category: Criminal Law | Date: | Hits: 107
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......sional statement can be used in order to corroborate the prosecution case to base conviction. The learned Additional Session Judge appears to have also come to the conclusion that there is no settled principle of law that confessional statement could, not be accepted in part and he observed that par......ith Md. Khurshid Alam, Advocates - For the Condemned-petitioner. Death Reference No.12 of 1992. Judgment Quzi Shafiuddin J.- Lokman Miah, the condemned‑prisoner (absconding) stood trial before the learned Additional Sessions Judge, Narayanganj under sections 326/302/307 of the Penal Code......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ..Category: Criminal Law | Date: | Hits: 73
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....sure to others by asking them to vote openly which is supposed always to be done secretly and it is done so secretly by the millions in general election. The preamble of the Constitution which is the guiding principle in the interpretation of the Constitution spelt out that the procedure of the Gove......ugh restricted by the provision of the Constitution. In the instant case, the vires of certain legislation has been challenged. It is alleged to be ultra vires of the Constitution. This is a cardinal principle of the interpretation of Statute and also the provisions of the Constitution which is also......sh moved by Abdus Samad Azad and 6 other Members of the Parliament namely, Suranjit Sen Gupta MP, Tofael Ahmed MP, Mrs. Matia Choudhury MP, Rahmat Ali MP, Md. Nasim MP and Prof. Abdul Hafiz MP prayed for issuance of a Rule calling upon the respondents to show cause as to why the impugned legislation......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ..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. ......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. ...... Rule may be stated as follows: The opposite party as plaintiff filed SCC Suit No.1 of 1977 in the Court of the Small Cause Court Judge (Sub‑Judge) at Pabna against the defendant‑petitioner for evicting him from the suit‑holding. The plaintiffs case, in short, is that he acquired the 'Ka......, firstly submits that the suit as framed is not maintainable and the plaint of the same ought to have been returned to the plaintiff under section 23 of the Small Cause Courts Act as it involves the determination of the question of title, but the learned Small Causes Court's Judge committed serious..Category: Civil Law | Date: | Hits: 140
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......es permission to launch a prosecution according against the employer And the Director is to be so satisfied at the placed before him and after proper enquiry with notice to all parties concerned. The principle of natural justice should be strictly followed in the matter of such inquiry and the Direc......e declared to be illegal, without jurisdiction and without lawful authority and are of no legal effect and why the said proceeding should not be quashed. 2. The case of the petitioner, relevant for the purpose of disposal of the Rule, is that the petitioner No.1 is the Chairman of the Board of......e bank management had committed any unfair labour practices as alleged by the Union. But in the report it has been stated that whether the allegations made by the union are true or not are subject to determination by the court and as such there is scope for consideration for according permission to ..Category: Labour and Industrial Law | Date: | Hits: 176
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. ......he process of the court. He has referred to a decision reported in 24 DLR 287 and also the case reported in 28 DLR (AD) 38 in all the decisions of the superior courts of this sub‑continent the same principle has been laid down with regard to the quashment of a criminal case. It is established now ......minal Revision No. 644 of 1992. Judgment Habibur Rabman Khan J.- This application under section 561A of the Code of Criminal Procedure moved at the instance of the accused petitioner, the former Chairman of DIT (now RAJUK) which a Rule was issued by this court on 24.592 calling upon the ......cted persons. The learned Deputy Attorney General admits that mens rea is an essential ingredients of the offence of criminal misconduct as defined under section 5(1)(d) but here in the instant case determination of mens rea will depend upon the facts disclosed and hence required to be determined b..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519.......lity. To support this contention reliance was placed on the decision reported in 6 DLR page 156. I regret, I am unable to subscribe to the view of the learned counsel regarding the application of the principle enunciated in that decision. We have no quarrel with the proposition laid down in that dec......urt of Munsif, Natore on the allegation that petitioner No.1 Musammat Lai Banu is the youngest of all five daughters of the plaintiff-opposite party who used to love her very much and got her married for second time after petitioner was divorced by her first husband. Petilioner's 2nd husÂband used ......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519...Category: Property Law | Date: | Hits: 134
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.......an, is said to kidnap such minor or person from lawful guardianship." 7. After going through the said decisions cited by the learned Advocate for the petitioner, we are of the opinion that correct principle of law has been enÂunciated in those decisions. In the light of the said decisions it is ......1 of 1987 pending in the court of the Chief Metropolitan Magistrate, Dhaka should not be quashed. 2. On 18.4.87 the Opposite Party No.1 subÂmitted a petition of complaint against the petitioner before the Chief Metropolitan Magistrate, Dhaka stating, inter alia, that she was married to the petiÂ......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...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....... its hull at Capetown. It was partially repaired and made seaworthy but while passÂing through Chalna it developed engine trouble and it was taken to the Marine Workshop of the B.I.W.T.A. at Barisal for thorough repair. The defenÂdant petitioner made inordinate delay in repairing the oil tanker an......e for the petitioner. He, however, submits that the suit filed by the plaintiff-opposite party is not a suit to enforce the award at all. He has vehemently argued that this is an independent suit for determination of damages by the Court afresh on the basis of indepenÂdent evidence to be led by the..Category: Civil Law | Date: | Hits: 142
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