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Dinajpur Industries Ltd Vs. M/s. Hardeo Glass, Alu¬minium, Enamel & Sili¬cate Works, 1972, 1 CLC (HCD)

....rther contended that the expression "(carry) on trade and business" as appearing in rule 181 of the Defense of Pakistan Rules and in the Notification dated 6-10-65 does not confer on the person authorized any authority or power to file any suit. 6. Mr. Shah Mohammad Sharif, the learne......s. The suit is pending for a long time. It may be disposed of as expeditiously as possible. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 158. ......on the issue of law before settlement of other issues. The learned Subordinate Judge by his order dated 16-8-69 held that the question of maintainability of the suit would be heard at the time of the trial. On a revisional application against that order the then High Court Division of the Supreme Co......nst an order dated 2-3-76 passed by Mr. M. H. Rashid, Subordinate, 1st Court, Dacca in Money Suit No. 7 of 1968 rejecting the contention of the defendant petitioner that the suit was not maintainable and that the Small Industries Corporation has no lawful authority to institute the suit and to proce..

Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2

Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)

....ed in: 27 DLR (HCD) (1973) 1   ......ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem,   CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1   ......his rule has been obtained by some of the defendants, namely, defendants 1-3, 5 and 7-9 against the appe­llate order of the 1st Court of Additional District Judge, Sylhet, whereby an order of the trial Court refusing to issue temporary injunc­tion was reversed and an injunction was granted p......visional Jurisdiction) Present: A. M. Sayem CJ D. C. Bhattacharya J Mrs. June Ferguson & others.............................Petitioners Vs. Ameenur Rasheed Chaudhury and others..........Opposite Parties Judgment July 5, 1972. Result: The rule is ..

Category: Property Law | Date: 5 Jul, 1972 | Hits: 0

Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)

....p;Petitioner Vs. Upazila Nirbahi Officer and another………………...Opposite Parties Judgment May 3, 1992. Result: This Rule is made absolute. Cases Referred to- Nittya Gopal Roy Barman Vs. Pran Gopal Nandi and others, 32 DLR...... Vs. Quamaruzzaman and others, 26 DLR 233. In the aforesaid decision a Division Bench of this Court held as follows: "20. The preamble of President's Order No.142 of 1972 which has been called the Bangladesh Transfer of Immovable Property (Temporary Provisions) Order, 1972 runs as foll......y previous defendant No.1, the Sub-Divisional Officer. 4. In this case both the parties adduced evidence both oral and documentary. After hearing the parties and perusing materials on record the trial Court decreed the suit in favour of the plaintiff by his Judgment dated 93.85. Against the afo......Laxmi Kanta Roy……………………………………………Petitioner Vs. Upazila Nirbahi Officer and another………………...Opposite Parties Judgment Ma..

Category: Property Law | Date: 3 May, 1972 | Hits: 4

Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)

.... J Yar Ali Khan Chowdhury……………Petitioner Vs. Makbul Ahmed Chowdhury & others.................Opposite Parties Judgment January 28, 1971. Result: The Rule is made absolute. Lawyer Involved: Siddique Ahmed Chowdhury with AT Chowdhury, Shafiqur Rahman Advocates......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......sed 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 since reported to be dead) on commission and issuing notice under Order..

Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167

Md. Ilyas Khan, Manager, Khan Bro­thers Ltd., Khulna Vs. 3rd Labor Court, Khulna, East Pakistan & another, 1972, 1 CLC (HCD)

.... Orders) Act before the Third Labour Court of East Pakistan, Khulna. The respondent No.2 alleged therein that the order of termination was passed to victimise him for his trade union activities and also to harass him, as he was actively associated in promoting the interest of the workers of his Unio......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...... Present: Maksum-ul-Hakim J Fazle Munim J Md. Ilyas Khan, Manager Khan Bro­thers Ltd., Khulna. .............Petitioner Vs. Third Labour Court, Khulna, East Pakistan and another.............Respondents Judgment January 7, 1971. Result: The Rul..

Category: Employment/Service Law, Labour and Industrial Law | Date: 7 Jan, 1971 | Hits: 181

Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)

....ode 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 prayer f...... 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......ion 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 prayer for khula divorce in the plaint, allowing such ..

Category: Family Law | Date: 11 Nov, 1970 | Hits: 195

Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)

....ctions asking the officer-in-charge of Tangibari PS to seize the petitioner's firearms and Mr. Hashem, the Magistrate, to hold an inquiry as to the desirability of cancellation of the licences were also without jurisdiction, not being covered by any provision of the Code of Criminal Procedure. ......eir lives. It cannot be said, therefore, that the learned Sub-divisional Magistrate was not justified, upon the materials before him, in being of the view that a proceeding under section 107 CrPC was called for in the circumstances of the case. 9. The second point, namely, that issuance of war...... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ......leted. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76

Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)

.... M Rahman Chowdhury — For the Appellants. Sultan Ahmed — For the Respondent. Criminal Appeal No. 514 of 1966. Judgment T H Khan J.- This appeal by the two prisoners Mabassir Ali alias Md. Mabassir Ali and Taruj Ali alias Tarus Ali is directed against the ord......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 ...... in:  24 DLR (HCD) (1972)103 ..

Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50

Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)

....ioner Vs. Khandoker Enamul Mowla and others…......Defendant-respondent-opposite parties Judgment July 20, 2011. Cases Referred to- Result: The Rule is made absolute. Case Referred To- 5 BLC 649, 59 DLR (AD) 39, 56 DLR 285, 29 DLR (SC) 211. Law......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......13) 58.   ..

Category: Evidence Law | Date: | Hits: 6

Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)

....f the State Acquisition and Tenancy Act on the allegation 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 pr......he State Acquisition and Tenancy Act on the allegation 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-e......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 ...... Sheikh Abdul Awal J Musammat Nahida Sultana…………………………………Appellant Vs. Md. BazlurRahman Khan and others ………....Respondents Judgment November 14, 2012. Resul..

Category: Civil Law, Procedural Law | Date: | Hits: 2

Rai Kishori Saha Vs. Md. Motaleb Ali and Others, 1892, 11 CLC (HCD)

....lip;…….Petitioner Vs. Abdul Aziz and others…………….Opposite Parties Judgment February 9, 1982 Result: This Rule is made absolute Hindu women's Right to Property Act (XVIII of 1937); Section 3 State Acquisitio......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 ......8 ..

Category: Property Law | Date: | Hits: 3

Moklesur Rahman & others Vs. State & others, 1983, 12 CLC (HCD)

.... Result: The Rule is discharged. Section 339C and 35(c) in relation to restoring the original Sessions Case to its file and number setting aside the order of release passed the predecessor-in-office under section 339C (4) of the Code of Criminal Procedure— Lawyers Invo......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..............Petitioner Vs. State & others..............................Opposite Parties Judgment November 7, 1983. Result: The Rule is discharged. Section 339C and 35(c) in relation to restoring the original Sessions Case to its file and number setting aside t..

Category: Criminal Law, Procedural Law | Date: | Hits: 1

Md. Siddiqur Rahman, Acctt/Funds & Claims & others Vs. The Board of Trustees, Port of Chittagong, and others, 1975, 4 CLC (HCD)

....ners who are 134 in number challenged the validity of an order dated 10th January, 1969 on the ground that it was inconsistent with and made in contravention of Circular No. 25 dated 30-11-63. They also prayed for a direction by this Court to extend monetary benefits to them with effect from the dat......ff vis-a-vis their counter part of the Port Trust should be determined by treating them as having been transferred to the Port Trust on the said dates and individual letters of confirmation, wherever called for, will be issued on the basis of their seniority departmentally. The Chief Accounts O......st Pakistan, 21 DLR (Dac) 866 & Secretary, EPIDC Vs. Serajul Hoque, 22 DLR (SC) 284; University o9f Dacca Vs. Zakir Ahmed (1964) 16 DLR SC 722, PLD 1965 ( SC) 90; The Chairman, East Pakistan Industrial Development Corporation, Dacca Vs. Rustum Ali (1967) 19 DLR SC 106 PLD 1966 ( SC) 848. La...... Present: Fazle Munim J Shahabuddin Ahmed J Md. Siddiqur Rahman, Acctt/Funds & Claims & others..........Petitioners Vs. The Board of Trustees, Port of Chittagong, and others..........Respondents Judgment March 25, 1975 Result: The Rule is disc..

Category: Administrative Law | Date: | Hits: 1

M. R. Khan, Chairman of the Board of Governors, Bangladesh National Society for the Blind Vs. Bangladesh and others, 1975, 4 CLC (HCD) Adminis/constitutional

....l be taken against anyone without any prior notice to show cause against any proposed penal action. In the proceedings before the Board under sub-section (3) the Governing Body being the aggrieved person shall have the opportunity of being represented and only after hearing and considering such repr......stitution is made under sub-section (3) may appeal to the Central Government within thirty days from the date of such order, and the decision of the Central Government shall be final and shall not be called in question in any Court.” 10. So far the first contention whether in the absence ......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   ......of Governors, Bangladesh National Society for the Blind…………Petitioner             Vs. Bangladesh and others……………………………&h..

Category: Constitutional Law | Date: | Hits: 2

Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)

....idence that 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. Hasa......ssions Case No.14 of 1990. 2. The case of the prosecution, in short, is, that on Sunday the 13th Falgun, 1396 BS corresponding to 25.2.90 at about 3.30 PM Informant's wife P.W. 3 Asia Khatun called herchildren P.W.s 4 to 6 and her husband's sisters P.W.s 7 to 10 who were invited to take......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......2, 1993. Result: The Reference is rejected. The sentence was too severe in consideration of the fact that the appellant is a young man of 35 years of age. It is clear from the evidence and the circumstances of the case that the appellant had no premeditation to murder Sohel or anybody..

Category: Criminal Law | Date: | Hits: 2

SM Sirajul Islam Vs. Janata Bank WAPDA Branch, 2013, 42 CLC (HCD)

....lip;…….................Petitioner Vs. Janata  Bank  WAPDA Branch.................Opposite Party Judgment May 22, 2013. Result: The Rule is made absolute. Code of Civil Procedure (V of 1908); Section 24, Artha Rin Adalat Ain (VIII of 200......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......10) of the Artha Rin Adalat Ain, 2003, wherein it has been specifically 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 sinc..

Category: Banking Law, Civil Law | Date: | Hits: 3

S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)

.... 1974 Judgment A. T. M. Afzal J.- This appeal arises out of the judgment and order dated the 27th February, 1974 passed by the learned Sessions Judge 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 1......iginal source is accounted for, the inferior evidence will not be received." 16. The principle was never in doubt that generally speaking the statements for declara­tions of parsons not called as witnesses but repeated by a third person are excluded as hearsay subject to the exceptions......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......p;……………….......................Respondent Judgment July 16, 1980 Result: The appeal is dismissed. Case Referred to- Kashi Nath Panday Vs. Emperor. AIR 1942 Cal. 214; Subramoniam Vs. Public Prosecutor (1956) 1 WLR 965; Telikecher..

Category: Criminal Law, Evidence Law | Date: | Hits: 2

Anti-Corruption Commission Vs. Mofazzal Hossain Chowdhury Maya, 2015, 44 CLC (AD)

....in, 2004. The learned Special Judge found the respondent guilty and convicted him under section 26(2) of the Durnity Daman Commission Ain, 2004 and sentenced him there­under to suffer simple imprisonment for 3(three) years and also convicted him under section 27(1) of the Ain, 2004 and sentenced......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......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 the High Court Division in Criminal Appeal No. 3536 of 2009) ..

Category: Criminal Law | Date: | Hits: 4

Babul Robin de' Rozario Vs. Elizabeth R Das another, 2014, 43 CLC (AD)

....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 imprisonment for 3(three) years and to pay a fine of Taka 2,000 in default to suffer rigorous imprisonmen...... 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......-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 High Court Division in Criminal Revision No. 150 of 2011). ..

Category: Criminal Law | Date: | Hits: 5

Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)

.... petitioners calls in question an order dated 16.4.1984 passed by the Assistant Sessions Judge, 2nd Court, Chittagong deemed to have been app­ointed as an Additional Sessions Judge under the proviso to sub-section (3) of section 9 of the Code of Criminal Procedure in Criminal Motion No.120 of 19......ny case of abuse of the process of the Court inasmuch as the case for the complainant prima facie discloses offences under sections 147, 448 and 380 of the Penal Code and no interference is therefore called for. 11. Mr. Moqbul Ahmed, the learned Ad­vocate appearing for the accused petitione......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......igh Court Division (Chittagong Bench) (Criminal Revisional Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Haji Azizur Rah­man and others ........................Petitioner Vs. Syeedul Haque Chowdhury...................

Category: Criminal Law | Date: | Hits: 1