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Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....tion and the entire land of the case khatian along with other land auction sold were within the knowledge of the petitioner and for non taking of any steps for annulling the said auction the purchase right of the petitioner including the right, title and possession of the degree-holder party has bee......pre‑emptors case that P.W.2 Dilal Ahmed upon receipt of summons in a partition suit being TS No.251 of 1969 instituted by the opposite party No.1 came to know of the impugned transfer and then he informed about it to the pre‑emptor on 1‑1‑1970. As an unnotified co-sharer after obtaining the ......aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......and the petitioner was all along aware of his purchase of the case land. So, alleged knowledge of the transfer from Dilal Ahmed on 1-11‑1970 for first time is false and fictitious. 4. During the trial learned Assistant Judge held that the case is neither barred by limitation nor bad for short d..Category: Property Law | Date: | Hits: 132
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
.... Visas and work permits for the poor relations of the complainant and subsequently denied the entire transaction. Mr. Amirul Kabir Chowdhury, the learned Advocate for the complainant opposite party rightly submits that this offence comes within the mischief of the expression 'cheating' as denn......ni P.S. Gulshan, Dhaka and 41/1, Dilu Road, P.S. Ramna, Dhaka became known to the complainant in Qatar City in course of business. The complainant used to carry on business in Qatar by residing there for a long time. The accused used to come to the house and office of the complainant in Qatar often.......otaling Tk. 25.500/- towards repayment but informed by telegram that these cheques need not be presented as there was shortage of money in his account, that subsequently the parties made up their affair, that on the proposal of the complainant the accused persons agreed to work for him in his new ......s and called for the record in Criminal Motion No.261/85. 6. In the petition before this Court the case for the defence has not been stated. It appears that while filing a petition for bail in the trial Court it was stated on behalf of the accused that the accused has been falsely implicated in t..Category: Criminal Law | Date: | Hits: 362
Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)
....cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......ed against the order dated 15.05.1985 passed by the learned Subordinate Judge, 1st Court, Comilla, in Title Suit No.99/65 rejecting an application under section 151 of the Code of Civil Procedure for vacating the order dated 20.09.1978 accepting the Advocate Commissioner's Report. 2. The fact......cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......udgment and order dated 12.08.1969 allowed the appeal, set aside the judgment and decree of the learned Subordinate Judge, dated 31.01.1967 and sent the case back on remand to the Title Court for retrial with certain observations. Against the order of remand dated 12.08.1969 the plaintiff filed S...Category: Procedural Law | Date: | Hits: 106
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....on of appointment of sole Arbitrator, he, under the present law, cannot and shall not make any submission on the award. Thus he submits that section 43 under sub-section (1)(ক)(উ) clearly gives a right to the aggrieved party to pray for cancellation of the award when appointment/constitution of ......to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......open and knowing fully well that the particular Arbitrator is a member of the arbitration, it is not now open to him to say that he has got a reasonable apprehension that he will not get a proper and fair trial before the said Arbitrator. Thus, in the present case, the appellants, admittedly, having...... Ventura Industries Ltd, 45 DLR (AD) 183; Adamjee Sons Ltd Vs. Jibon Bima Corporation, 45 DLR 89; Pakistan Trading Company Vs. MM Ispahani Ltd., 11 DLR 405; Ocean Industries Ltd. and another Vs. Industrial Development Bank, 18 DLR (SC) 354; Pathumma Vs. Kuntaklan Kutty, AIR 1981 (SC) 1683; Pakistan ..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535....... Contempt of Court Act, 1926. 2. It is stated in the application that certain contemptuous statements have been made against Mahmudul Amin Chowdhury, a Judge of this Court, in respect of his performance as Commissioner of Chittagong University Enquiry Commission appointed under the Commissions......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......riginating Summons is issued, or some other appropriate step (such as the presentation of petition) is taken, to set the law in motion. It is not necessary that the case should have been set down for trial. Equally, it seems clear that proceedings are not pending before this time. This view is..Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
.... the meaning of the Special Powers Act. The detention is in violation of Article 31 of the Constitution, malafide, arbitrary and has been made without any lawful authority in violation of fundamental rights as guaranteed under the Constitution and thus being illegal and improper is of no legal eff......he detenu is a law abiding citizen of Bangladesh. He has a heroic role in organizing freedom struggle and was one of the five young leaders who played leading role in organizing the youths who fought for the liberation of the country. The detenu is recent years developed contacts with various Un......Pearu Md. Ferdous Alam Khan, the brother of the detenu Serajul Alam Khan who has been detained by an order of the respondent No.1 signed by the respondent No.2 Assistant Secretary, Ministry of Home Affairs, Government of Bangladesh on 25.3.92 purported to have been made under the Special Powers Ac...... of detention. Although the aim and object of the detention is liable and the antecedent of the detenu is extremely reproachable yet it is essential that if it is desired to detain a person without trial the authorities concerned should conform to the requirement of law. The shady antecedent of th..Category: Criminal Law | Date: | Hits: 156
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
....assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ......ee Abdul Latif ...........Petitioner Vs. Abdul Huq & others .........Opposite Parties Judgment March 13, 1991. Result: The Rule is discharged without any order for costs. Case Referred To- Haji Nurul Islam Vs. Ashraf Ali and others, 30 DLR 215. ......assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ......tition. It thus appears that both the title suits (which were for the same cause of action in all respects) were pending at a time. According to section 10 of the CPC, no Court shall proceed with the trial of a suit if the subject matter is directly in issue in a previously instituted suit between t..Category: Civil Law | Date: | Hits: 166
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....executed and registered by Roushan Ali in favour of defendant No.7 Azibar was not acted upon and the leaned trial court further held that the defendanes kabala Ext. A also did not operate to pass any right, title, interest in favour of the transferees and that plaintiff continued to remain in posses......y Additional District Judge, Faridpur in Title Appeal No. 323 of 1969 reversing the Judgment and decree passed by Munsif, Goalundo in TS No. 84 of 1968. 2. Plaintiff‑Appellant filed this suit for a declaration of title and confirmation of possession in respect of the land described in the sc......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......67 and contesting defendants am in possession thereof on the basis of purchase. 5. Both the parties led evidence. documentary and oral, in support of their respective contention and the learned trial Court on consideration of the evidence on record held that sale deed executed and registered b..Category: Property Law | Date: | Hits: 122
Abdul Aziz Vs. State, 1990, 29 CLC (HCD)
.... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ......l Saha, Advocate - For the Appellant. No One ‑ For the Respondent. Criminal Appeal No. 49 of 1989. Judgment AM Mahmudur Rahman J.- This is an appeal at the instance of the informant from an order of conviction and sentence passed against the accused‑Respondents Jahangir A...... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ......vestigation of the case the Investigating Officer, submitted charge sheet under sections 148/341/326/307/302/34 of the Penal Code against the accused persons. 4. The accused persons stood their trial before the trial Court who framed charge against all of them under sections 148/302/34 and cha..Category: Criminal Law | Date: | Hits: 110
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
.... or on payment of three months' substantive pay in lieu of such notice and the employee shall not be entitled to any form of compensation for termination of service. (3) The Bank shall have the right to remove, dismiss or retire from service any of its employees as a disciplinary measure or on......sta Textile Mills Ltd. & another Vs. Sudhangsu Bikash Nath, BCR 1987(AD) 454 = 40 DLR (AD) 45; Jogesh Chandra Datta Vs. Govt. of Bangladesh, 30 DLR 219; Wolverhampton Now Waterworks Co. Vs. Hawkesford, (1989) 141 ER 486. Lawyers Involved: Kazi AT Monowaruddin, Advocate ‑ For the Pe......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589......., Head Cashier, Grade‑1, Senior Clerk and Messengers in the Pubali Bank were then office‑bearers of the Pubali Bank Karmachari Sangsad which was a trade union of workers registered under the Industrial Relations Ordinance, 1969. All the Banks had a central body under the name and style "Banglade..Category: Labour and Industrial Law | Date: | Hits: 176
Liton Vs. State and others, 1995, 24 CLC (HCD)
.... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ...... Karim, Advocate ‑ For the Party No.2. Criminal Miscellaneous Case No.1884 of 1994. Judgment Md. Gholam Rabbani J.- This is an application under section 561A CrPC by the accused petitioner for quashing criminal case pending against him under sections 302/34 of the Penal Code in the Court ...... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ......l prosecution, or where there is manifest and patent injustice apparent on the face of the proceedings or where the accusation or evidence on record does not justify a charge of any offence, or where trial is an abuse of the process of the Court. 4. In Bangladesh by the Law Reforms Ordinance of 1..Category: Procedural Law | Date: | Hits: 140
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ...... SA Alim, Advocate and President of Joypurhat District Bar Association guilty of the charge of gross professional and other misconduct and he has been debarred from practicing the profession of law before any Court, Tribunal or authority in Bangladesh for a period of three years. In the said Judgmen......ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......iled a false criminal case against him before the Magistrate, Joypurhat. Ultimately in that criminal case the complainant was convicted and sentenced to suffer five years’ rigorous imprisonment and trial was held in absentia. After hearing about the aforesaid conviction, the complainant voluntaril..Category: Others | Date: | Hits: 139
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
....tection of law. Article 33(2) provides that no person who is arrested shall be detained in custody without being informed, as soon as may be of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of the choice. Section 304(1) of the Code o......o Reported in: 48 DLR (HCD) (1996) 95. ...... record that during hearing of this application before issuance of the Rule a Gazette notification, namely, Bangladesh Gazette dated 28.8.95 issued by the Ministry of Law, Justice and Parliamentary Affairs, establishing the Session Judges Court at the aforesaid building at Nazimuddin Road for holdin......ette dated 28.8.95 issued by the Ministry of Law, Justice and Parliamentary Affairs, establishing the Session Judges Court at the aforesaid building at Nazimuddin Road for holding its sitting and for trial of the Sessions Case No.256 of 1995 has been produced before this Court. The aforesaid Banglad..Category: Criminal Law | Date: | Hits: 121
Abdur Gafur Vs. State, 1995, 24 CLC (HCD)
....he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.......ioners except one in CR Case 3670 of 1991 having involved the same question of law are being disposed of by this Judgment. 2. Two petitions of complaints were filed by two different complainants before the Senior Special Judge, Manikgonj alleging offences under sections 406/409/420/109 of the Pen......he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.......nd, prosecution means bringing specific accusation against the accused before the Court which, if satisfied, frames a formal charge and calls upon the accused to answer the same and proceeds with his trial. If no satisfactory ground for prosecuting the accused is found he is discharged by the Court...Category: Criminal Law | Date: | Hits: 112
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....ure to file a written statement remain the same. The suit still cannot be fixed for ex-parte hearing. It will be fixed for hearing in default of the written statement. The defendant still retains the right to appear on the date of hearing and participate at the trial. If he is allowed to participate......rd Labour Court, Dhaka in I.R.O. Case No.10 of 1985 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Shortly stated the relevant facts necessary for the disposal of the Rule are that the petitioner M/s Adamjee Jute Mills Ltd., a company incorp......the facts and circumstances of the case the Labour Court ought to have made an endeavour to avoid snap decision and to give the litigants a real and meaningful opportunity of fighting out their cases fairly and squarely on merit and should not have shut out the petitioner from presenting its written......aman, is a clerk under the petitioner in the Finishing Department of Mill No.3. He instituted I.R.O. Case No.10 of 1985 in the Third Labour Court, Dhaka, respondent No.1, under section 34 of the Industrial Relations Ordinance, 1969, hereinafter referred to as the said Ordinance. His prayer was for..Category: Procedural Law | Date: | Hits: 180
....it. A plea of title is no defense in the suit and any decision that may be made in the suit will be subject to a Title Suit which may be eventually filed and the person who has title or even a better right shall be competent to ask for recovery of the property on establishment of such right. As the ......ioners.
Md. Nizamul Huq, Advocate - For the Opposite Party No.1 (a).
Civil Revision No. 444 of 1970.
(In the matter of an application under section 115 of the Code of Civil Procedure, 1908 for setting aside order dated 21.01.1970, of the Munsif, 1st Court, Patuakhali passed in T.S. No. 56......gards demolition of the structures raised by the defendants.
The Rule is accordingly disposed of. There shall be no order as to costs.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 8....... Defendant No.1 contested the suit by filing written statement. He denied the claim of the plaintiff and asserted that he had been in possession of the-property for the last 30 years.
4. After the trial the learned Munsif who heard the suit found that the plaintiff was in possession of the land i..
Category: Property Law | Date: | Hits: 119
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....how the evidence was obtained. While this proposition may not have been stated in so many words in any English case there are decisions which support it, and in their Lordships, opinion it is plainly right in principle. In Reg. V. Leathem, 2 an information for penalties under the Corrupt Practices A......istant Attorney-General ‑ For the State. Criminal Revision No.365 of 1992. Judgment A M Mahmudur Rahman J.- This Criminal Revision under section 561A of the Code of Criminal Procedure is for quashment of the proceeding of Special Case No.1 of 1992 of the Court of Special Judge, Dhaka ar......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......rge has been framed by the Court which the State cannot dispute. The prosecution in order to prove the case has to depend on the records and the documents which have already been submitted before the trial Court. The First Information Report, the charge sheet and the statement recorded under section..Category: Criminal Law | Date: | Hits: 111
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....arlier by the learned Single Judge of that Bench in the case reported in 36 DLR 93. It was held therein that the Assistant Sessions Judge, acting under the deeming proviso, exercises his jurisdiction rightly and correctly by hearing and disposing of a revisional application in exercise of his power ......e brought in section 29C of the Code of Criminal Procedure and the introduction of section 31(4) of the Code of Criminal Procedure or whether he shall be deemed to be an Additional Sessions Judge for all purposes under the Code of Criminal Procedure, namely, for hearing appeals, revisions, refer...... (1952) AC 109. In this case the words "deemed to be" were not involved at all. The legislature without using the words "deemed to be" required a certain authority to imagine a certain state of affairs. In these circumstances Lord Asquith stated as follows:- "If you are bidden to treat an ima......ional Sessions Judges. 7. Now, there was no difficulty in understanding that as from 21.8.82, the date of promulgation of Ordinance No. XXIV of 1982, the Sessions Judge can transfer any case for trial to an Assistant Sessions Judge, deeming him to have been appointed as an Additional Sessions..Category: Criminal Law | Date: | Hits: 158
Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)
.... the cause or causes which led the judgment-debtor-appellants to pray for such a stay. The decree-holder-respondents were also on clear notice that the judgment-debtor-appellants were asserting their right to get a copy of the draft document and to file their objections, if any, and that they were...... is directed against Order No.46 dated 24.11.85 passed by Mr. Ismail Mia, Subordinate Judge, Pabna in O.C. Execution Case No.8 of 1977 arising out of O.C. Suit No.73 of 1976. 2. The facts relevant for the disposal of this appeal are as follows. The respondents instituted the aforesaid O.C. Suit N......servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ......converted it into a civil revisional case, we have continued to designate them so in the interest of uniformity. In the result, the Rule is made absolute, but without any order as to costs. The trial Court is directed to serve a copy of the Kabala deed to the appellants and proceed with the ex..Category: Property Law | Date: | Hits: 140
Kohinoor Chemical Company Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)
....been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ......ng a joint written statement denying all the material allegations made in the plaint. Thereafter the learned Subordinate Judge by his order 26.7.1987 framed the issues and September 8, 1987 was fixed for delivering the interrogatories by the plaintiffs. After taking several adjournments the plaint......been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ......e of Criminal Procedure. In the Code of Criminal Procedure section 339C was inserted providing for a period within which the Magistrate or the Sessions Judge, as the case may be, shall conclude the trial. And sub-section (4) of section 339C provides that if the trial can not be concluded within th..Category: Procedural Law | Date: | Hits: 133
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