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Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
....ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ......ip;Petitioner Vs. The State……………………………………………State Judgment October 20, 1982. Result: The Rule is made absolute. Whether there was direct personal ......be called injurious to public health. 7. In order to consider an offence under section 272 of the Penal Code and 25C(a) of the Special Powers, Act, it may be observed that both the provisions of law have been made in similar language. Section 272 Penal Code says that whoever adulterates any art..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
....without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
......without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
......
Arjun Kurmi, being dead his heirs: Chenia Kurmi and ors………… Respondents
Judgment
August 6,1982.
Result:
The appeal is allowed.
Cases Referred to-
Abdullah Vs. Ahmed Din, 16 DLR (SC) 169; M. N. Clubwala Vs. Fida Hossain Saheb, AIR 1965 (S...... the other hand, a ''license" as will appear from its definition in section 52 of the Easement Act is merely a competence to do something which except for this permission would be unlawful. It does not confer any rights in physical property. There is in the case of a license only p..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
.... also examined as P.W.3 earlier by the Sub-Divisional Magistrate, Madaripur in the first trial. He observed that as per evidence another, accused who was charge-sheeted was to be produced for ends of justice. As such he issued warrant of arrest against the petitioner Nazrul Islam by his order d......ions. Action was so taken and the accused persons where tried by a Council of Elders established under the Frontier Crimes Regulations and they were found guilty and were convicted and sentenced accordingly. They challenged their conviction and sentence on the ground that they having been disch......Judgment July 15, 1982. Result: The Rule is made absolute. Discharge of the accused by the Magistrate under section 253 Cr.P.C. The accused petitioner is not sought to be tried by a different Tribunal. Nor is he being tried under a separate rule of evidence. R......upport of his submission that an order of discharge which, is passed on the merits and which is upheld by the Sessions Judge will practically have the same effect as an order of acquittal although in law there is no legal bar to the revival of fresh proceedings in respect of the same offence. H..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....e matter came up before a single Bench of this court but since a larger. Bench should receive the question involved in the Rule, it has been referred to this Bench for a decision by the learned Chief justice. The petitioner was represented by Mr. B.N. Chowdhury the learned Advocate. The opposit......injunction was obtained against the Additional Deputy Commissioner (Rev.), as Custodian of vested and non-resident property and that the order of acquisition was for public purpose and made according to law. The learned Subordinate Judge after hearing the parties by his order dated 21-1-19...... Judgment January 27, 1982. Result: The rule is made absolute. Transferee court may punish for violation of an order of injunction- Order 39, Rule 2(3) empowered the court to punish for disobedience of any term or breach of an order' granting, an injunction. So the wo......s obtained against the Additional Deputy Commissioner (Rev.), as Custodian of vested and non-resident property and that the order of acquisition was for public purpose and made according to law. The learned Subordinate Judge after hearing the parties by his order dated 21-1-1977 found that..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)
....sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287. ......sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287. ...... limitation set under Section 7A of the Emergency Requisition of Property Act cannot be extended under section 14 or under any other provision of the Limitation Act, 1908 which has got no application to the special statute. No scope for review of an order by which an award is made- Review is no......of procedure, it involves a substantive right. There is no scope for review of an order by which an award is made under subsection (1) of Section 7A of the Act. It is a settled principle of law the review is not a matter of procedure. It involves a substantive right. The right of revi..Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3
....dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above.
Ed.
This Case is also Reported in: 3 BLD (HCD) (1983) 282.
......dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above.
Ed.
This Case is also Reported in: 3 BLD (HCD) (1983) 282.
......……………………………Respondent
Judgment
June 15, 1982.
Result:
These Appeals are dismissed.
Cases Referred to-
Mahomed Musa and others Vs. Aghore Kumar Ganguli and other, AIR 1914 Privy Council page 27;......ed with Shah Abu Nayeem and Maleka Parvin, Advocates— For the Respondents.
First Miscellaneous Appeal Nos. 26 and 65 of 1981.
Judgment
MH Rahman J.— As common questions of law are raised in these two matters, they have been heard one after another, and they are now dispos..
Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....bmitted that apart from the provisions referred to by him above, the Admiralty Court can return the plaint by invoking its inherent powers under section 151 C.P.C., if it is necessary for the ends of justice or to prevent the abuse of process of the Court. In support of this proposition the learned ...... by defendant No.4 on 21.8.1981, the plaintiff appellant intimated that in respect of the arrangement to take delivery of the ship, it could not be taken over as it was not in a deliverable condition according to the terms of the agreement and the letter of credit. As a result, the plaintiff&rs...... Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgment June 9, 1982. Result: The appeal is allowed. Cases Referred to- Hussain Bakhsh Vs. Settlement Commissioner, (1969) 21 DLR (SC) 456=PLD 1970 SC 1; R.P.0'......e of action or lack of jurisdiction, the objection as to exercise of jurisdiction by that Court requires solution. 10. Mr. Rafiqul Huq, Counsel for the respondents, mentioned a few provisions of law in support of the proposition that the Admiralty Court had the necessary power of rejection as w..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
....Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
......red office from 208/6 and 7, New Circular Road Bara Moghbazar, Dacca-17 to Jiban Bima Bhaban, 2nd Floor, Sheikh Mujib Road, Agrabad, Chittagong with effect from 2nd May, 1980 and respondent No. 2 was accordingly informed. On a search being carried out in the Office of respondent No. 2 it was reveale......
Judgment
May 28, 1982
Result:
The appeal is dismissed.
Companies Act (VII of 1913); Section 38
In a proceeding under Section 38 the Petitioner is not entitled to a relief ex-debito Justitiae and the Court has discretion to refuse remedy if the matter is not a......spondent No. 2 by respondent No.1. The company wrote to respondent No. 2 giving all the facts relating to the transfer of shares and the present state of the company; and, on being asked, the learned lawyer of the company produced all relevant documents before respondent No. 2 but the petitioner did..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
.... "Were the law otherwise, many crimes which are usually committed between accomplices in secret, such as incest, offences with females, or the present case, could never be brought to justice." 15. While considering the question of the necessity of corroboration of the evid......ent and does not admit such statements into evidence. 19. Vivian Bose J. in the aforesaid case of Rameshwar Vs. The State of Rajasthan, 1952 S.C.R. (India) 377 observed that the rule, which according to the cases has hardened into one of law, is not that corroboration in cases of sexu......ip;………………………………State Judgment May 6, 1982. Result: The Appeal is dismissed. Cases Referred to- Abdul Khaleque and others Vs. The State, 12 DLR (SC) 165; Eaar Ali and others Vs. The ......ccused appellants took her to the house of absconding accused Samir Sarkar at Aviram... where from they took her to Bonarpara Railway Station and therefrom they took her to the house of the sister-in-law of Abul Hossain i.e. the house of Serajul Islam in village Behargili. She was kept con..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ...... the Will dated 12-1-1911. In terms of the said Will Mohendra, Nabin and Nikunja would get six annas, five annas and five annas respectively in life interest and on their death their heirs would accordingly have life interest in the said shares. The beneficiaries under the Will were not given a......p;…………………………..Respondents Judgment May 4, 1982. Result: The appeal succeeds in part. Cases Referred to- Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others, 13 DLR (SC) 111; ......nst the trustee as owner of the trust property;" 21. Section 4 speaks about the purpose for which a trust may be created. Section runs as follows:- "A trust may be created for any lawful purpose. The purpose of a trust is lawful unless it is (a) forbidden by law, or (b) is of suc..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
....ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 356
......It was observed in the first case:
“If, in spite of a company or an enterprise being a public enterprise or a nationalized enterprise it is allowed by the Corporation to manage its affairs according to the rules of its Constitution, that is its Memorandum of Association and Articles of As......rt exercises the same jurisdiction as the High Court of England exercised in 1890 under the Admiralty Court Act of 1861. The instant suit arising out of a claim for non-delivery of the cargo that was to be carried by the ship Nedlloyd Leuve is amenable to the jurisdiction of this Court.
Cases ......l shall be a Court of record, and shall have in respect of the territories for the time being included in the Province of East Bengal, all such original appellate and other jurisdiction, as under the law in force immediately before the appointed day, is exercisable in respect of the said territories..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ......ing locus standi being not of any earlier date than that of the kabala sought to be preempted be was not entitled to claim rateable preemption. 6. On this point the learned Munsif observed "according to the various provisions regarding contained in S. 96 of the S.A.T. Act the rig......n Miah—For the Opposite parties. Civil Revision No. 76 of 1982. Judgment Amin-Ur-Rahman Khan J. - This Rule was obtained by the petitioner who was O.P. No. 1 in a preemption case to revise the concurrent judgments and other passed by the original and the appellate Court below re...... grant rateable pre-emption to the present petitioner who was O.P. No. 1. 7. Mr. Mian Aftabuddin, the learned Advocate for the petitioner submits that both the Courts below committed an error of law apparent on the face of the record in not holding that this petitioner became a co-shararer by h..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....ds expeditiously. The connected Rule for stay of further proceeding is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37. ......ds expeditiously. The connected Rule for stay of further proceeding is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37. ......dated 23-12-78 of the learned Subordinate, Judge on an application of the defendant under section 144 of the code of Civil Procedure. 2. For the purpose of disposal of the appeal suffice it to say that the plaintiff filed the suit for declaration of title and recovery of khas possession. T......Since the defendants have been thrown out of possession by the decree which has been set aside we arc of the view that the suit should be disposed of as expeditiously as possible after providing lawful opportunities to the parties. We do not see any justification in prolonging the litigation ov..Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
Bashir Ahmed Vs. Abdul Shaheed, 1982, 11 CLC (HCD)
....e sent down at once for expeditious disposal of the suit. Md. Altaf Hossain Khan J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 154 ......e sent down at once for expeditious disposal of the suit. Md. Altaf Hossain Khan J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 154 ......982. Result: The appeal is dismissed. Appointment of Receiver— Appointment of Receiver is one of the harshest remedies allowable under the Civil Procedure Code and Court has to discharge this exceedingly delicate and responsible duty with utmost caution. Though service......A.I.R. 1916 Calcutta-427 in support of his contention. 6. Mr. Md. Ansar Ali, the learned Advocate, appearing on behalf of the plaintiff-respondent, however, submits that there is no provision of law, for issuing notice on the defendant before appointing a Receiver, and as such the learned Subor..Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1
....79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
......79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
......e Petitioner.
Rafiqur Rahman—For the Contemner.
Contempt Petition No. 8 of 1980.
Judgment
Chowdhnry A.T.M. Masud J.— This Rule was issued calling upon respondent No.1 to show cause as why he should not be committed for contempt of Court.
2. By an order dated 12.......2.70, passed by the Sub-Divisional Officer, Jamalpur, in Case No. 56-EP/70-71, purporting to take possession of part of C.S. Plot No 14, Khatian No. 22 of Mouza Narayanpur had been passed without any lawful authority and was of no legal effect.
5. It is the petitioner's case that he along w..
Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
....sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ......3 minutes with the record of the said Sherpur P.S. Case No. 14 dated.26.10.78 corresponding to G.R. Case No.338 (2)/78, when the respondent No.1 ordered the Sub-Inspector to arrest the petitioner and accordingly he was arrested. 5. It has further been stated by the petitioner, that hearing abou......the Contemners. Contempt petition No.1/79 arising out of Writ petition No. 916 of 1978. Judgment Chowdhury AT.M. Masud J.— This Rule was issued calling upon the Respondents to show cause as to why they should not be committed for contempt of court. 2. It has been stat......dents to show cause as to why the lodging of the F.I.R. of the said Sherpur P.S. Case No.14 dated 26.10.78 under MLR 12 of 1975 against the petitioner should not be declared to have been made without lawful authority and is of no legal effect. While issuing the Rule the court stayed all further proc..Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3
Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ......all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ......lla Parishad and another........Respondents is the Petitions Judgment February 11, 1982. Result: All the rules are discharged of. Submitting an Inquiry Report in time is Directory and Not Mandatory—Nothing has been shown that the failure of the Enquiry Officer to submi......caused prejudice to the delinquents— The delay in filing the enquiry report by the Inquiry Officer has not vitiated the proceeding or the report submitted by the Inquiry Officer. Whether a law enjoining an authority to do a certain thing is mandatory or not could be decided upon the conse..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ...... Annexure-G. It was stated by the petitioner that he had purchased the property in question for constructing a hotel for which he had obtained necessary permission from the Government. The petitioner accordingly took necessary steps to start his construction work without any further delay and with t......Vs. Bangladesh and ors……………….........Respondents Judgment January 26, 1982. Result: The Rule is made absolute Fundamental Right to Protection of Law – Illegal dispossession by Government Officers— Governme......dash; Illegal dispossession by Government Officers— Government sold a property to the petitioner and thereafter dispossessed the petitioner from that peoperty--To enjoy protection of law and to be treated with law is the inalienable right guaranteed to every citizen under the Consti..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
....ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ...... delegate those powers to the Vice-President. The learned Deputy Attorney General has further argued that the clause 6(b) of the memo, is the genus of which item 73 of Schedule III is the species and accordingly it covers the cases detailed in item 73. 10. We do not think that even the most lib......vernment Servants (Discipline and Appeal) Rules, 1976 under which the petitioner has been suspended also provided that instead of placing the petitioner under suspension the authority may require him to proceed on leave--The Secretary's note to the authorities contained the only proposal that th......ead such power by necessary implication when rights of others are involved--There being no delegation of power to the Vice-President the impugned order passed with his approval cannot be sustained in law. Lawyers Involved: Abdur Rab Chowdhury—For the Petitioner. M. Shohrab Ali,..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
.... that the entry by the respondents into the tea garden and taking over thereof without any previous notice was not in accordance with due process of law and contrary to all principles of law and justice. In this connection he has referred to Sections 111(g) and 114A of the Transfer of Property ......মী করা হইবে। তৎপরিবর্ত্তে মাত্র ২০৯ একর জমিতে চা আবাদ করা হয়। The area under tea plantation, according to the official records, therefore, comes to little less than 30%. But in the affidavit-in......ellip;………………..Respondents Judgment January 13, 1982. Result: The Rule is made absolute. Whether the Government was within its rights to take over possession of the tea garden and other movables of the petitioners- It is petition......the Government was within its rights to take over possession of the tea garden and other movables of the petitioners- It is petitioners' inalienable right to enjoy the protection of the law and to be treated in accordance with law, and in accordance with law as guaranteed under Article..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
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