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....he Defense of Pakistan Rules, 1965 by Notification No. Sec-28/65- EPS/125 dated 6-10-1965. Thereafter the Vice-Chairman of the East Pakistan Enemy Property Management Board vested the plaintiff's property in the Additional Custodian of Enemy Property by Notification dated 13-7-68 under rule 182(......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...... of the plaintiff-opp. party have not been denied by the petitioner.
5. Mr. Joynul Abedin, learned Advocate appearing for the petitioner, has submitted that the learned Subordinate Judge acted illegally and in material irregularity in failing to consider that the EPSIC or its Chairman has no au..
Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....pposite parties No.1-3 in this Rule have brought a suit being Title suit No.151 of 1970 in the 2nd Court of Subordinate Judge, Sylhet for a declaration that they are seized and possessed of the property in suit which is known as Loobacharra Tea Estate and also for a declaration that the d......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 ......count of the Tea Estate with National and Grind lays Bank Limited Obligations of paying to the extent of Rs. 3,96, 501/--(Rupees Three Lacs Ninety-six Thousand Five hundred and one only), to the legal and actual creditors of the First party, the receipts of discharge from whom shall be bin..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)
....1) should not be set aside. 2. Plaintiff is the petitioner before this Court. It was his short case that the suit land was leased out to the plaintiff and one Azahar Bahadur by the owners of the property in 1351 BS on receiving salami and also at a rental of Taka 2.25 by issuing Amaldari and Da......Laxmi Kanta Roy……………………………………………Petitioner Vs. Upazila Nirbahi Officer and another………………...Opposite Parties Judgment Ma...... May 3, 1992. Result: This Rule is made absolute. Cases Referred to- Nittya Gopal Roy Barman Vs. Pran Gopal Nandi and others, 32 DLR 11; Fakir Chand Mia being dead his heirs and legal representatives Asadunnessa and others Vs. Quamaruzzaman and others, 26 DLR 233. Lawyers ..Category: Property Law | Date: 3 May, 1972 | Hits: 4
....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
......
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......es 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 facts giving rise to this petition may be stated briefly hereunder:
..
Category: Employment/Service Law, Labour and Industrial Law | Date: 7 Jan, 1971 | Hits: 181
Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)
.... Seat, in a second appeal. 2. This appeal arose out of a suit for 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......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 ...... 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. ..Category: Family Law | Date: 11 Nov, 1970 | Hits: 195
Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)
....ation ran as follows: "Seen petitions and reports. I am satisfied that there is serious apprehension of breach of peace and immediate measures are necessary. Start proceedings u/s 145 CrPC. The property is attached and O/C Kotwali appointed Receiver. Let party file written statements...." ......leted. Ed. This Case is also Reported in: ......nder section 145(1) were expected to comply strictly with the said provision of law, but to say that a failure to follow the prescribed mode must render the exercise of the jurisdiction invalid and illegal was too wide a proposition. His Lordship noticed that there was divergency of judicial opinion..Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76
Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)
.... there. I managed the dead body to be guarded by the Chowkidar. Isharak Ali of Jahanpur has informed that his mother recognised the murderers. I, therefore, pray that you will be pleased to take proper steps in time. &...... in: 24 DLR (HCD) (1972)103 ......s of the occurrence. Nevertheless, the learned Additional Sessions Judge relied and acted upon their evidence treating the same as corroborative evidence. This conclusion is not only unwarranted as a legal proposition, but it also raises a legitimate question: if the evidence of these 5 witnesses we..Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50
....ignboard and, thereby stop creating obstruction to the regular movement of the villagers and residents of that area and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule on 26-11-2012 this Court directed respondent No. 3, t......oque J
Shah Tazul Islam Rumel (Md.)………………….Petitioner
Vs.
Bangladesh, Represented By the Secretary Ministry of Home Affairs,
Dhaka and Others……………………………&h......the respondents to remove the Notice/Signboard put up on the road leading to "Sultanshi Abasik Area" Hobigonj Sadar, Hobigonj should not be declared to be without lawful authority and of no legal effect and further to show cause as to why the respondents should not be directed to take appr..
Category: Property Law | Date: | Hits: 0
.... No costs.
Communicate the judgment to respondents No.3 and 4 at once.
J.N. Deb Choudhury J.—I agree.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 91
......N. Deb Choudhury J
Kamal Uddin Ahmed, Director, Holy Crescent Hospital Limited, Chittagong………..Petitioner
Vs.
Chairman, National Board of Revenue, Segunbagicha , Dhaka and Others……….Respondents
Judgment
April 5, 2015
Result:
Th......;For the Respondents
Writ Petition No. 1481 of 2014
Judgment
Zinat Ara J.—In this writ petition under article 102 of the Constitution, the petitioner has challenged the legality of the notices under Nathi Nos.পরে-১(৩২)/কঅ-৪(চট্ট)/১২০ধ..
Category: Fiscal/Taxation Law | Date: | Hits: 0
Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
....sp; the parties as much as the defendant No.3, father of the minor-daughters was not appointed guardian by any Court and as such, he had no power to sell the minor's property. 6. The unsuccessful plaintiff then took an appeal therefrom being Title Appeal No.247......13) 58. ......atro and in the body of the bainapatro the executant Fazle Elahi did not mention that he executed the bainapatro for and on behalf of his minor daughters and as such the bainapatro in question is not legally tenable in the eye of law. He then drawing my attention to the bainapatro (Ext.1) submits th..Category: Evidence Law | Date: | Hits: 6
Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....cedure. 11. Mr. Abdus Samad Azad, the learned Advocate appearing for the respondent No.1, on the other hand, supports the impugned judgment and order which was according to him just, correct and proper. Mr. Azad in the course of his argument upon placing supplementary affidavit dated 8.11.2012 ...... Sheikh Abdul Awal J Musammat Nahida Sultana…………………………………Appellant Vs. Md. BazlurRahman Khan and others ………....Respondents Judgment November 14, 2012. Resul......arned Advocate appearing for the appellant submits that the Court of Appeal below without applying its judicial mind into the facts and circumstances of the case and law bearing on the subject most illegally rejected the Misc. Case under Order 41 Rule 19 of the Code of Civil Procedure. He next submi..Category: Civil Law, Procedural Law | Date: | Hits: 2
AKM Fazlul Haq and anothers Vs. People’s Republic of Bangladesh and others, 2010, 39 CLC (HCD)
....ndents, the present petitioners, who are admittedly the third teacher in their respective subject, are not being granted the same privilege and, as such, they are rendering their service without proper financial remuneration, thereby causing hardship to themselves and their family. 12......rted in: 67 DLR (HCD) (2015) 178 ......Dhaka for granting the Government portion of the salary in the form of MPO to them. However, till date, their representations have remained unanswered. 8. Ultimately, the petitioners sent a legal notice (Notice Demanding Justice) to the respondents for payment of the MPO to them withi..Category: Administrative Law, Employment/Service Law | Date: | Hits: 5
....th the Chairman, E.P. Rly. Board, it has been decided that those E P. Rly. staff who are serving Port Trust permanently by the Port Trust should apply individually to the Chairman, Port Trust through proper channel for their permanent retention. If the Port Trust authorities agree to retain them per......
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......fication that they will be allowed monetary benefits with effect from 23-4-68.
5. Mr. Joynal Abedin, the learned Advocate for the petitioners submitted that the Chittagong Port Trust committed illegality by departing from the assurance held out by itself in the former letter, such departure, be..
Category: Administrative Law | Date: | Hits: 1
M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)
....nder President's Order No. 16 of 1972 dated 28. 2. 72, all those concerns which were taken over by the government under the Acting President's Order No.1 of 1972 were declared to be abandoned properties pursuant to the definition provided in Article 2(1) of President's Order No......itioners. Fakir Shahabuddin Ahmed, Attorney General with Abdul Wadud Bhuiyan, Asst. Attorney-General—For Respondent No. 1. Kazi Golam Mahbub, Advocate—For Respondent Nos. 2 and 3. Petition No. 352 of 19724. Judgment S.M. Hussain J.—A Notification No. 2......nt, Jute Trading in Bangladesh has been taken over by the public sector and as such the Jute Press in question might be required by the Respondents in the public interest. We do not see any handicap, legal or otherwise, on the part of the Government to take appropriate steps in that regard in the si..Category: Abandoned Properties Law | Date: | Hits: 7
....-7-73.
ORDER
Whereas it has been reported to the undersigned that the Governing Body of the Bangladesh National Society for the Blind, 6 Orphanage Road, Dacca has not been functioning properly due to lack of co-operation, co-ordination and good feelings among the members/office beare......of Governors,
Bangladesh National Society for the Blind…………Petitioner
Vs.
Bangladesh and others……………………………&h......erning Body of the Society. A Rule Nisi was issued calling upon the respondent to show cause why the aforesaid order should not be declared to have been made without any lawful authority and is of no legal effect. Pending the disposal of the Rule, the Care Taker Body, which was constituted by the im..
Category: Constitutional Law | Date: | Hits: 2
Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)
....nt Attorney-General, appearing for the State, on the other hand, supported the imposed order of conviction and sentence and he submitted that the sentence of death imposed upon the appellant was proper as the murder committed by the appellant was cruel and diabolical. 11. The date, time, 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...... been heard together and this judgment will govern both. 9. Mr. Syed Ziaul Karim, learned Advocate appearing for the condemned prisoner‑appellant, has submitted that the appellant could not be legally convicted for the offence punishable under section 302 of the Penal Code as he caused the de..Category: Criminal Law | Date: | Hits: 2
Abdul Mukid (Md.) Vs. Artha Rin Adalat, Khulna and another, 2013, 42 CLC (HCD)
....ecution proceeding at the instance of respondent No. 2. In the process of said execution, the Adalat issued warrant of delivery of possession in favour of respondent No. 2 in respect of the mortgaged property of the petitioner's father. The petitioner then filed an application for recalling the ......zmun Ara Sultana J Sheikh Hasan Arif J Abdul Mukid (Md.)……………….............................. Appellants Vs. Artha Rin Adalat, Khulna and another…………………Respondents Judgment Ap...... 1993 passed by Artha Rin Adalat, 2nd Court, Khulna being Order No.1 dated 28-7-1993 (Annexure-D to the Writ Petition) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Shorts facts, relevant for the disposal of the rule are that; Respondent No. 2..Category: Others | Date: | Hits: 3
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
....prosecution will have to prove the alleged demand and acceptance of bribe by legal evidence and it cannot obviously refer to the evidence of the Deputy Commissioner for that purpose. Whether there is proper evidence or not in that behalf will be considered at the proper place but for the reason......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......appellant. 7. It is alleged that the appellant after making entries in the relevant papers paid Keramat Ali Tk. 6115/00 which was short by Tk. 20107-, which was deducted by the accused as illegal gratification and Tk. 107- on account of a loan advanced earlier to Keramat Ali. The appellant..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. ......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) ...... the said judgment and order of the Special Judge, the High Court Division by the judgment and order dated 27-10-2010 acquitted him of the charges levelled against him mainly on the reasoning that no legal notice was served upon the respondent in accordance with the Ain and in arriving at such concl..Category: Criminal Law | Date: | Hits: 4
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....ed in R.S Plot No.6639 and damaged a portion of it and also looted away movable articles causing a loss of Tk. 40,000/- to him. It was further alleged that his father was originally owner of the property and after the death of the father he and his other co-sharers inherited the same along with......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.......................harge the accused and record his reasons for so doing." 8. The learned Assistant Session Judge deemed to be Additional Sessions Judge came to the finding that the learned Magistrate acted illegally in holding that the offence could not be proved without assigning any reason whatsoever. He ..Category: Criminal Law | Date: | Hits: 1
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