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Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....ove Civil Petition Nos.1498 of 2007 and 1333 of 2007 are directed against the Judgment and Order dated 9-11-2006 of the High Court Division passed in Civil Revision No.3257 of 2003 making the Rules absolute and the above Civil Petition No. 1499 of 2007 is directed against the judgment and Order date......ccordingly the same was rightly recorded in the Khas Khatian No.1 and nobody raised any objection thereto and that Mahamaya Rani Saha and/or her predecessor never possessed the said land and the so called documents of settlement of the suit land in favour of the defendant Nos.6-7 Shorforaz Uddin a......s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ..Category: Property Law | Date: | Hits: 76
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....ation under Article 102 of the Constitution is not maintainable. 3. On hearing the parties, the High Court held that the Appellant after nationalization was no longer a private limited company and so Respondent No.1 could not be treated as an employee of a private employee. The High Court followi......High Court erred in holding that the writ was maintainable. For reasons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234.......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234...Category: Employment/Service Law | Date: | Hits: 104
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....as that on the night of 6th Jaistha, 1379 B.S. the deceased Shohrab was sleeping in his hut with his wife P.W.1 when the first wife of Shohrab woke up and saw in the light of a kupi lamp that five persons including three appellants being armed with lethal weapons and torches were inside the hut and ...... relevant to matters in question without such writing being shown to him, or being proved; but, if it is intended to contradict him by writing, his attention must, before the writing can be proved be called to those parts of it which are to be used for the purpose of contradicting him." "157. I......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ..Category: Criminal Law | Date: | Hits: 107
Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
....ned Magistrate on consideration of the evidence found the respondent guilty under section 6(5)(b) of the Muslim Family Laws Ordinance, 1961 and convicted him and sentenced him to suffer rigorous imprisonment for 5 months and to pay a fine of Tk. 200/- in default to suffer rigorous imprisonment for 1......icle 3 all the Local Councils were dissolved and the persons holding office as Chairman, Vice-Chairman, etc. ceased to hold office and then clause (c) says that henceforth "the Union Council shall be called Union Panchayet". Article 4 authorised that the function of the Union Parishad shall be per...... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ..Category: Family Law | Date: | Hits: 166
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
....eted provisions of sub-section 2(A) of section 34 of the Income Tax Act. The assessee is the appellant in Civil Appeal No. 115 of 1981 wherein leave was granted to consider whether the expression 'person' mentioned in sub section (5) of section 5 of the Income Tax Act was correctly interpreted by ......oceeding taken in consequence of any notice or any assessment or re-assessment made under section 2(B) or any other proceeding taken in consequence of any notice issued for that purpose) shall be called in question in any Court, Tribunal or other authority merely on the ground that at the time t......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....ng under section 145 of the Criminal Procedure Code, He attached the land involved, and appointed Circle Officer (Revenue), Chakaria receiver of the same. Written statement was filed by the predecessor of the appellants who denied to have filed any application for drawing up proceeding under sec......visions of the aforesaid two sections of the Code would seem inevitable. For the sake of convenience they are quoted below: "439. (1) In the case of any proceeding the record of which has been called for by itself or which has been reported for orders, or which otherwise comes to its knowledg......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ..Category: Others | Date: | Hits: 135
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
.... in situ and had become fit for possession. Babu Rajeswar Choudhury, the then executor of the 10/- annas' share of the Estate of late Bishweshwar Roy Choudhury settled the said lands with the predecessors of plaintiffs 1 to 42 and plaintiff No.45 at an annual rent of Tk. 250/- on the basis of a Kars......iming chars or other lands gained in the manner above described. The Court of Sadar Diwani Adalat, with a view to ascertain the legal provisions of the Muhammadan and Hindu laws on this subject, called for reports from their law officers of each persuasion and on consideration of the reports fu......new section 86A was substituted in place of the aforesaid provision, enlarging the rights of the tenant in certain respects. This new provision provided for automatic abatement of rent in case of the loss of land by diluvion, and also ensured the subsistence of the right, title and interest of the t..Category: Property Law | Date: | Hits: 133
Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)
....since 10 voters have cast their votes twice that had affected the result of the election materially and directed the re-election. The Tribunal had found from the relevant ballot papers that 10 persons had cast votes simultaneously in ward Nos. 1 and 3. The voter numbers and ballot-paper numbers ......separate packet with the name of the candidate for whom he wishes to vote. The name of the person applying for such ballot paper and his number of electoral roll is required to be entered in a list called "tendered voters list" (Rule 36). S. A. Rahman, J considered the position of such tendered......e is remanded back to the Tribunal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191...Category: Election Law | Date: | Hits: 163
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....hat during the C.S. operation the suit ponds were recorded in the name of Bharat Samrat and the names of Gyanoda Prashad Sukul, Chundra Prashad Sukul and Jogodeshwari Debba were recorded as the possessors who had been enjoying the possession thereof on payment of rent to the concerned authority. Aft......nless it has occasioned failure of justice. While exercising any discretion under Order VI Rule 17 of the Code of Civil Procedure the court is required to assign its reasons so that when the order is called in question, the higher Court may be in position to see that there has been application of mi......wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ..Category: Procedural Law | Date: | Hits: 100
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....ase No.51 of 1998 convicting the appellant Khalil @ Md. Khalilur Rahman, Moazzem Hossain and Nurul Islam and others under section 395 of the Penal Code sentencing each of them to suffer rigorous imprisonment for 10(ten) years and to pay a fine of Taka 5000 in default to suffer rigorous imprisonment ......tified in convicting and sentencing the accused appellants under section 395 of the Penal Code. 15. In the face of arguments advanced by the learned Advocates of the contending parties, we are now called upon to scrutinise the material evidence on record in order to come to a proper decision in t......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....out of Pabna PS Case No.9(5)92 corresponding to GR Case No.130 of 1992 convicting the accused appellants under sections 302/34 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for life and also to pay a fine of Taka 5,000 (five thousand) each and in default to suffer ......yamotpur mouza and in the body of FIR, the place of occurrence was shown in the house of Kafiluddin under mouza Hamchapur which is 3(three) miles away from Pargobindapur. P.W.9, Abdul Quddus Khan was called for treatment of victim Nazrul Islam who found the dead body of Nazrul Islam by the side of r......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ..Category: Criminal Law | Date: | Hits: 66
....hers..................Petitioners
Vs.
Government of Bangladesh and others.........................................Respondents
Judgment
July 29, 2009.
Result:
The Rule is made absolute and the respondents are directed to act as per the direction made in the body of the judgme......e caused by dislocations of the crust. The crust may first bend and then, when the stress exceeds the strength of the rocks, break and "snap" to a new position. In the process of breaking, vibrations called "seismic waves" are generated. These waves travel outward from the source of the earthquake a......, industrialization of cities with modern types of buildings and the concentration of population living or settling in hazardous areas are matters of growing concern as they contribute to heavier loss of life and increase considerably the costs of disaster damage. In recognition of the threat ..
Category: Constitutional Law | Date: | Hits: 211
Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....ector, having in need of money the Board of Directors of defendant No.1 on 3-10-1989 decided to sell suit property and expressed their desire to that effect, to which, Al-haj Mansur Rahman, predecessor of the plaintiffs agreed to purchase and price was settled at Taka 34,50,000. On 19-3-1990, plai......arge sheet was submitted. Defendant No.2 also filed a cast-under section 145 CrPC being Case No.5877 of 2001 before the Chief Metropolitan Magistrate over which, learned Chief Metropolitan Magistrate called report from Officer-in-Charge, Shyampur Police Station. Officer-in-Charge, Shyampur Police St......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66...Category: Property Law | Date: | Hits: 78
....elfare Trust and others...........Petitioners
Vs.
Joint District Judge and Artha Rin Adalat & another...............Respondents
Judgment
May 22, 2004.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh represented by the Secretary, Ministry of Public Works a......ll cease to have effect on such commencement and all abandoned properties in custody of any Court, receiver, guardian or other person or persons appointed by it, shall upon delivery of the same being called for by the Government, be delivered to the Government."
7. In the aforecited case consider......udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
..
Category: Property Law | Date: | Hits: 173
....ondent No. 2.
Writ Petition No. 2698 of 1998.
Judgment
Md Awlad Ali J. - This Rule arises out of an order dated 31‑3‑1998 deciding the question of jurisdiction of the Labour Court and also the judgment dated 4‑8‑1998 passed by the Labour Court, Rajshahi in Complaint Case No. 4/97.
......excess of its jurisdiction. Therefore, there is no merit in this Rule.
The Rule is accordingly, discharged without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 627.
......shahi. The respondent No. 2 was found with the workers of Box Filling section and he put pressure upon the management in connection with payment of wages and Eid bonus on 8‑2‑1997 and for causing loss of the Company's property charge was framed under section 17(3) of the Act and he was asked to ..
Category: Labour and Industrial Law | Date: | Hits: 188
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....s there from that in view of the above background and history of the case learned Court below should have exercised his discretion judicially under the provision of the section containing, unless for some reason he thinks proper to adjourn the hearing of the case to some other day and could have adj....... The section makes no difference between govt. servant and ordinary complainant in respect of personal appearance, order of acquittal was correct. 30. But learned Advocate for the respondent when called upon by the Court to make his submission with regard to the decision reported in AIR 1953 Cal......he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614...Category: Procedural Law | Date: | Hits: 73
Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)
....owdhury J Md. Rezaul Hasan J Abdus Sattar alias Taku Sattar...............Petitioner Vs. State……………Opposite party Judgment April 19, 2010. Result: The Rule is made absolute. Case Referred to- 50 DLR 356. Lawyers Involved: Nusrat Jahan, Advocate - For the......d Judgment and order has been passed and, as such, this is not a case of no evidence, hence interference by this honorable Court under section 561A of the Code of Criminal Procedure (the Code) is not called for. 11. The points for determination in this case is whether the impugned Judgment and or......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ..Category: Criminal Law | Date: | Hits: 65
.... by the Artha Rin Adalat, Comilla in Artha Decree Execution Case No.44 of 1995 (arising out of Artha Rin Suit No.182 of 1992) issuing warrant of arrest against the petitioners to put them in civil prison.
2. The petitioners case in short is that respondent No.2, Sonali Bank Ltd. as plaintiff inst...... case), if it is required.
The office is directed to communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
......sition contending inter alia, that the petitioners had fraudulently sold out a portion of the mortgaged property to others before taking loan from the bank and by concealing the said fact caused huge loss to the bank, but the executing Court without considering these facts had allowed the Miscellane..
Category: Civil Law | Date: | Hits: 80
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
.... statement denying the material allegations of the plaint contending, inter alia, that the plaintiff could not manage the total consideration money in spite of his (defendant No.1’s) reminder. He also approached the plaintiff for the balance consideration money through the local people, but he exp......land. 12. On the other hand, Mr. M. Shamsul Haque, learned Advocate for plaintiff-opposite party No.1 submits that the sale agreement being a registered one, cannot be novated or altered by the so called shalish or by any conduct of the plaintiff. It can only be novated or altered by way of anoth......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ..Category: Property Law | Date: | Hits: 99
Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)
....ent and order dated 26.8.1990 passed by the Additional Sessions Judge, Jhenaidah convicting the appellant under sections 302/34 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life with a fine of Taka five thousand in default to suffer imprisonment for one year mo......at the informant Md. Arshed Ali Mondal lodged an ejahar with Chuadanga Police Station on 9.1.1984 against the appellant alleging, inter alia, that his cousin Badar Uddin Kha alias Budhai (hereinafter called as ‘Budhai’) along with him (informant) went to Bowdanga cattle market to purchase a cow ......n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 74
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