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Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......y stating that the Government had been pleased to accept the offer and accordingly the ownership of the property concerned is transferred in favour of the plaintiff as the tender money is received in full and he was asked to submit a draft deed of conveyance for formal registration of the property. ......ction of the sale of the properties. The plaintiff wrote a letter to the Deputy Secretary, Bangladesh Jute Trading Corporation as to the above publication and he also wrote a letter to the General Manager (Industry) Bangladesh Mukti Judda Kallayan Trust stating all fact of the plaintiff's ownership ..Category: Property Law | Date: | Hits: 389
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
....Act, 1990, there shall be reserved thirty seats exclusively for women members, who shall be elected according to law by the members aforesaid: Provided that nothing in this clause shall prevent a woman from being elected to any of the seats provided for in clause (2)’’. Clause (3) of Arti......d members in accordance with law. Article 152(1) of the Constitution defines that "Parliament" means the Parliament for Bangladesh established by Article 65. Thus the Parliament for Bangladesh can be fully established only after general election of three hundred representatives to be elected in acco......nciple of Interpretation of the Statutes. The general rule of law upon the construction of all statutes is to construe them according to the plain, literal, and grammatical meaning of the words (see page 83 of "Craies on Statute Law", 7th Edition (1971, London). In the decision in the case of Grey V..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......t the general rule undoubtedly is that it is wrong on principle to entertain petitions for writs except in very exceptional circumstances when the law provides a remedy by appeal to another tribunal, fully competent to award the requisite relief. At the same time it was held that in cases of absence...... "jurisdictional facts" giving power to an authority or tribunal to exercise statutory power has been dealt with by HKR Wade in his book "Administrative Law" (4th Edition) (2nd impression) (1979) at page 238‑243. In the book "Principles of Administrative Law". By MP Jain and SN Jain (4th Edition) ..Category: Criminal Law | Date: | Hits: 88
Md. Rahim Biswas Vs. State, 2011, 40 CLC (HCD)
..../- in default to suffer imprisonment for one month more. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ....../- in default to suffer imprisonment for one month more. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......efault to suffer rigorous imprisonment for 3(three) months more should not be set aside and quashed. 2. Prosecution case in short is that one Md. Golam Mondol, son of late Fakir Chan Mondol of Village Solemanpur, Police station: Mohespur, District Jenaidah lodged an F.I.R. with the Mohespur Polic..Category: Criminal Law | Date: | Hits: 67
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
.... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344....... of 4 annas share as his wife and the remaining 12 annas share as per the 'Doctrine of Return'. While owning and possessing the suit property, Khatibunnessa died on 10.02.1978 leaving behind her only full brother Abdul Mannan, who inherited her entire property including the suit property and by a re......e bailiff of the Court asked the plaintiffs to hand over vacant possession of the suit property to them and the same was continuing in view of the claim of the defendants. While the suit was at the stage of peremptory hearing, the defendants along with 20/25 terrorists being armed with dangerous..Category: Property Law | Date: | Hits: 72
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......ch, the only right and proper course is to refer the matter to a Full Bench. Every Judge of the High Court Division before he enters upon his office is to take an oath of office (1) that he will faithfully discharge the duties of office according to law, (2) that he will bear true faith and allegian......atter when a Bench differs with the opinion of another Bench. Rule 1 of Chapter VII provides as under: "Whenever a Division Court shall differ from any other Division Court upon a point of law usage having the force of law, the case shall be referred for decision by a Full Bench". 9. Rule 7 ..Category: Constitutional Law | Date: | Hits: 247
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....15‑30 hours which was registered as PS Case No. 7(6)88, wherein it was stated that on 11.5.88 at 13.00 hours the Chairman of Baragaon Union Parishad was informed that a dead body of an unidentified woman was found in a ditch belonging to and within the homestead of Dr. Ratan Chandra Barua. On rece......object to her being taken out of the hut by her husband at that dead of night and may be on good faith without any suspicion that her husband will be killing her. This also shows that Nurul Hoque had full control over the actual drama of killing, to the exclusion of others and he had the fullest opp......‑in‑charge of the police station registered the unnatural death case No.2 dated 11.5.88 and endorsed the same for investigation to Sub‑Inspector Abdul Mannan who thereafter proceeded to the village with his force and recovered the said dead body in presence of the local chairman and other witn..Category: Criminal Law | Date: | Hits: 76
.... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......This question has been answered in the decision of Messers Farid Sons Ltd. Vs. Government of Pakistan reported in PLD 1961 (SC) 537. It is held in that decision:
"A tribunal acts judicially in the full sense of the term if-
(1) It has to determine a dispute;
(2) The dispute relates to a rig......SC) 537; Chief Commissioner Karachi Vs. Mrs. Dina Sohrah Katrak, PLD 1959 (SC) 45; Gopi Vs. Himachal Pradesh Government, AIR 1966 Him. 8 (V 53 C 3); Stuart Vs. Anderson and Morrison, 2 All ER 665 at page 671.
Lawyers Involved:
Amirul Islam with Kazi Shahabuddin and Md. Nurul Huda and Shirin Ah..
Category: Others | Date: | Hits: 153
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
....4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ...... guard was‑suspended and the Labour Court came to the conclusion that the order of suspension has become ineffective after the 60 days of the impugned order and accordingly found his entitlement to full wages from the date the order ceased to have effect (Annexure‑H). This order is under challen...... was‑suspended and the Labour Court came to the conclusion that the order of suspension has become ineffective after the 60 days of the impugned order and accordingly found his entitlement to full wages from the date the order ceased to have effect (Annexure‑H). This order is under challenge. ..Category: Labour and Industrial Law | Date: | Hits: 123
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
.... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644....... any appeal and that the issues involved in the previous miscellaneous proceeding are substantially and directly involved in the present proceeding and as such the principle of res judicata will have full application to the present miscellaneous proceeding. 6. In reply to this contention the lear...... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644...Category: Property Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......ossession of the tenants of the defendant‑appellant. Mr. Khandker has, secondly, contended that Ext. 1 the alleged letter of authority dated 23.3.72 is not a licence and the same having not been lawfully proved was not admissible in evidence. The learned Advocate has contended that the building on......n Mouza Dhanmondi within Police Station, Dhanmondi (previously Lalbagh PS) in the City of Dhaka, bounded and butted‑ On the north : By the house of Mr. Mozammel Huq On the south By public passage On the East By the land of Mrs. Mahmuda Begum. On the West By the house of Late Mr. Bazlur..Category: Property Law | Date: | Hits: 110
....nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
......y (petitioner herein) contested both the cases by filing two separate written objections denying all the material allegations and asserting that, the ship MV Regent Ranger was under the ownership and full control of defendant Nos. 1 and 2 on the basis of time charter. That the defendant Nos. 1 and 2......e Nos. 59 and 60 of 1981 on 27.11.81 analogously.
2. Miscellaneous Case No. 59 of 1981 was filed by defendant petitioner OP No. 1 the Continental Grain Co. (Canada) Ltd. represented by their local agent Maritime Enterprises, Chittagong who claimed to be the Charterer of the vessel in question, na..
Category: Admiralty Law or Maritime Law | Date: | Hits: 186
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ......d dial out of his 3 sons, Nazrul Islam was the eldest and Azizur Rahman was the youngest and his second son was deceased Nur Miah. His wife was the daughter of Abdus Sadir; PW Siddiqur Rahman was the full brother of his father‑in‑law, he knew Harun son of Sonaullah of his village. PW Abu Tatter ......Md. Abdul Gani, the father of the victim is the informant, PW 2 Hosneara is the wife of the victim Nur Mia, PW 3 Hazi Md. Habibur Rahman, PW 4 Md. Abu Taher, PW 5 Matiur Rahman are neighbours and village men of the victim. PW 6 Dhanu Mia, PW 7 Md. Abdur Rashid, PW 8 Jilu Mia and PW 9 Siddiqur Rahman..Category: Criminal Law | Date: | Hits: 82
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....ceed with the Execution Case No. 14 of 1981 according to law. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ......te Court was legally competent to direct the Executing Court to proceed with an Execution Case which was disposed of by the Executing Court by the order under appeal on the ground that the decree was fully satisfied as one of the decree‑holders got delivery of possession of the disputed building o......ceed with the Execution Case No. 14 of 1981 according to law. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ..Category: Procedural Law | Date: | Hits: 81
....ith Sattar Match Works.
With the above direction and observation this application is disposed of but there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 532.
......trial unit M/S Sattar Match Works located at Amin Nagar P.S. Lama, Chittagong Hill Tracts, having its principal Office at 89, Korbaniganj, Chittagong, together with existing assets and liabilities as fully described in the schedule 1 hereunder collectively termed as demised property. He has also ref......34. In the year 1962 the owners of Sattar Match Works established another match factory it Lama, Chittagong Hill Tracts, which was also named as "Sattar Match Works" and which being under the same management also used the same trade mark "Cock" on its match boxes. The two factories under the same ow..
Category: Intellectual Property Law | Date: | Hits: 264
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ......e concerned is a foreign ship and as such the processes under the said rule 5 were not available for attachment of this lighterage. 5. Mr. Hafizullah, the learned Advocate for this proposition has fully relied upon the decision reported in 28 DLR 231 these submissions were made by the learned Adv......d Subordinate Judge of the 3rd Court, Chittagong, in Money Suit No. 42 of 1977. 2. The Government, a plaintiff, filed a money suit against the defendants, for recovery of Tk. 1,01,47,500.00 for damage caused to 5109 metric tons of wheat, carried by defendants due to contamination by sulphur. In t..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501.......ovision in law with respect to it and the Government is empowered to refuse the disclosure of such facts but with respect to facts to the disclosure of which there is no objection, there should be as full a statement of the evidence and circumstances and the particular acts of the detenu on which th......02(2)(b)(i) of the Constitution of the People's Republic of Bangladesh, the petitioner, Farzana Huq has sought for an order for release of her husband, Sanaul Haq Niru, son of Shamsuddin Ahmed of village Kirtibusdi, PS Monohardi, District Narsingdi who is being detained in Dhaka Central Jail under t..Category: Constitutional Law | Date: | Hits: 287
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
....further directed to issue and deliver the necessary share certificates in favour of the petitioner corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ...... such this objection of Mr. Abul Hossain is of no substance. 18. Mr. Abul Hossain further submits that below the signature of the renuncee there are certain columns to be filled up i.e. renuncee's full name and on right hand column it is written as father's/husband's name and as regard joint hold...... petitioner. 2. It is stated in the application that the petitioner is a corporation established under the Investment Corporation of Bangladesh Ordinance, 1976 (Ordinance No. XL of 1976) to encourage and broaden the base of investment developing the capital market and mobilize savings and to pro..Category: Company Law | Date: | Hits: 208
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ......hulna Joragate District Khulna to be illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR ......mmodation have been provided elsewhere for the plaintiffs just like other refugees in Khalishpur Housing Estate. So, in consideration of the Government necessity for the development of Chalna Anchorage the plaintiff should locate the suit land in favour of the appellant. If the Government defendan..Category: Property Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
.... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ......um existed to give effect to this right, it became, as we have already observed, nugatory. In other words, para-2 of the Proclamation of Withdrawal of Martial Law which repealed MLO 9 cannot be given full effect so far as the inevitable legal consequence of repeal of MLO 9 is concerned. In order to ...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ..Category: Administrative Law | Date: | Hits: 160
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