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Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ......rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ......nder Order 9 Rule 13 of the Code of Civil Procedure. 2. The petitioner as plaintiff brought Title suit No.370 of 1982 in the Court of first Munsif, Noakhali against the opposite parties and others for the declaration of their right and title in the suit land described in the schedule of the plain......that the summons of the said suit are not served upon the defendants and that the ex parte decree of that suit is forged, fraudulent and collusive and not binding upon them. 9. Now the point for determination is whether the learned Assistant Judge, Sadar Upazilla Noakhali committed any illegali..Category: Property Law | Date: | Hits: 82
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ...... custody must always remain fluid since change in circumstances may at any time require the terms of the custody of the child to be varied upon a fresh application in order to comply with the age-old principle that the welfare of the child is a paramount consideration and in modern parlance “the b......dvocate-on-Record-For the petitioner. A. F. Hasan Arif, Senior advocate (with Rafiqul Islam Miah, Senior advocate) instructed by Zahirul Islam, Advocate-on-Record-For respondent. Civil Petition for Leave to Appeal No. 527 of 2011 (From the judgment and order dated 23.02.2011 passed by the H......, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the ch..Category: Family Law | Date: | Hits: 327
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......creating present and future trouble for them. There is nothing on record in support of these statements. These allegations are also too vague and lack in any particulars. 22. It is the established principle of law that truth is a complete defence to a civil action for libel. On a careful consider......hman J. - This appeal at the instance of the plaintiff is directed against the judgment and decree passed by the Subordinate Judge 3rd Court, Dhaka in Money Suit No. 158 of 1969 arising out of a suit for realisation of compensation for damage to the plaintiff's reputation allegedly caused by the def......e on consideration of the materials on record both oral and documentary dismissed the suit. Being aggrieved by that the plaintiff preferred this appeal before this Court. 9. The material point for determination in this appeal is whether by the publication and circulation of the letter Ext. 3, the..Category: Civil Law | Date: | Hits: 89
Zulfiquar Ali Bhutto Vs. State, 1991, 20 CLC (HCD)
....cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312.......that case as reported in BLD Vol. 5 page 110. We have gone through the facts of the above case. The facts of the above case are similar to the facts of the present case. We are of opinion that the principle of law laid down in that case is applicable in the facts of the present case. Mr. Khand......ocates ‑For the Petitioner. M. Shasul Alam, Deputy Attorney General ‑ For the State. Criminal Miscellaneous Case No. 54 of 1991. Judgment Abdul Bari Sarker J. - This is an application for anticipatory bail under section 498 of the Code of Criminal Procedure. 2. The petitioner Zulf......cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312...Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ......udgment and decree dated 30.11.67 passed by Mr. Jyotirmay Chakrabarty, Subordinate Judge, Second Court, Barisal in Title Suit No. 108 of 1966. 2. Respondent Nos. 1‑14 instituted the suit praying for declaration of their raiyati right to the disputed land measuring 29.82 described in the schedul...... this connection. 12. Admittedly Part V of the State Acquisition and Tenancy Act came into force in the area on 5.8.54. The applicability of the above two provisions will, therefore, depend on the determination as to when the disputed lands have appeared after diluvion. Was it before or after the..Category: Property Law | Date: | Hits: 77
....tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282.......the plaint. Mr. Khandaker while pressing his point placed reliance on a decision reported in 13 DLR 871 (Alokeshi Bank Vs. Aftabuddin).The learned Advocate submits that this decision has enunciated a principle of law on the amendment of the plaint made under Order 6, rule 17 of the Code of Civil Pro......ties instituted Title Suit No. 288 of 1976 in the 2nd Court of Munsif, Dhaka which was subsequently‑ transferred to the Assistant judge, Savar, Dhaka and re‑numbered as Title Suit No. 372 of 1984 for a declaration of title in the suit properties wherein the defendant petitioner was added subsequ......tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282...
Category: Property Law | Date: | Hits: 146
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ...... the present case. 42. Mr. Serajul Huq, the learned counsel referred to two decisions reported in PLD 1967 (SC) 16 and BCR 1987 (AD) 85. 43. The decision reported in PLD 1967 (SC) 16 guides the principle that if the eye‑witnesses and the FIR give an exaggerated account of injuries quite inco......cused‑appellants have jointly preferred this appeal against the order of conviction and sentence passed against them by Sessions Judge, Mymensingh. 2. The prosecution case as was stated by the informant PW 1 Abdul Latif is as follows: On 20.11.86 the informant along with 6 or 7 others includ......ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ..Category: Criminal Law | Date: | Hits: 61
Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)
....mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ......mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ......against the order dated 20.2.89 passed by Mr. Mominullah, Subordinate Judge, Bhola in Title Suit No. 7 of 1985. 2. The relevant facts of the case are that the opposite parties filed the above suit for declaration that the five kabalas executed by the defendants on 7.4.84, 6.5.84 and 13.5.84 are i......16(d) of the Code of Civil Procedure. Section 16(d) of the Code of Civil Procedure runs as follows: "16. Subject to the pecuniary or other limitation prescribed by any law, suits‑ (d) for the determination of any other right to or interest in immovable property." 7. From the above positio..Category: Property Law | Date: | Hits: 85
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
..... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242.......uded, the Civil Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or the statutory tribunal has not acted in conformity with, the fundamental principles of judicial procedure". 8. The case of Secretary of State Vs. Mask and Co. was in resp......Opposite Parties. Judgment August 9, 1989. Cases Referred to- Dwarkanath Mandal and another Vs. Sri Gobinda Chowdhury, AIR 1929 Cal 130; Wolverhampton New Water Works Company Vs. Hawkesford, 37 LJ 248; Secretary of State Vs. Mask & Co., AIR 1940 PC 105; Rajnandan Prasad Vs. Mukh L....... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242...Category: Civil Law | Date: | Hits: 79
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237....... any fundamental right under Article 44 read with Article 102(1) of the Constitution. In the cases of State of UP Vs. Nooh, AIR 1958 (SC) 86 and Abrahan Vs. ITO AIR 1961 (SC) 609 it was held that the principle of exhaustion of statutory remedy is applied as a general rule, in the matter of issuing c......pondent. Writ Petition No. 309 of 1990. Judgment Fazle Hussain Mohammad Habibur Rahman J. - The petitioner Md. Serajul Islam, Inspector of Food, Golapganj Upazila, District Sylhet has prayed for issuance of Rule Nisi calling upon respondent No. 1, Director General of Food to show cause why ......In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237...Category: Administrative Law | Date: | Hits: 175
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ......te. In support of the submission he has relied upon the decision in the case of Basanta Kumar Maili Vs. Ken Ram Maiti. AIR 1953 page 393 and the case of Lal Mia Vs. Ahmedullah Mia 11 DLR 362. Now the principle that the High Court can in exercise of its revisional jurisdiction either order or confirm...... 1987 by the Sessions Judge, Dhaka affirming the conviction under section 448 of the Penal Code but modifying the sentence to a fine of Taka 1,000.00 only, in default, to suffer rigorous imprisonment for three months from a fine of Taka 10,000.00 only and in default, to suffer rigorous imprisonment ......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ..Category: Criminal Law | Date: | Hits: 59
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......eported in ILR 27 (All) 688. We have gone through the above decision. In our view the above cited decision has no manner of application in the facts 'and circumstances of the present case because the principle laid down there is with regard to the land in rural areas, but in the instant case admitte......be set aside. 2. Plaintiffs are the petitioners in this application. It is their case that they filed a suit being title Suit No. 35 of 1986 in the Court of the learned Subordinate Judge, Faridpur for partitioning the suit land. The plaintiffs after filing the suit filed an application under Orde......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226...Category: Property Law | Date: | Hits: 59
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221....... judgment on hypothetical and irrelevant consideration and the same has resulted in error in decision occasioning failure of justice. It is further submitted that the 1st appellate Court violated the principle laid down in Order XLI Rule 31 of the C.P.C. in as much fie did not discuss the evidence o......it No. 590 of 1981. 2. Facts giving rise to this Rule may briefly be stated thus: Petitioners as plaintiffs instituted the suit in the 1st Court of Munsif, Tangail being OC suit No. 590 of 1981 for declaration of title to the suit land contending inter alia that 4 sons of Saraiat Ullah were th......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221...Category: Property Law | Date: | Hits: 60
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ......rcise of his discretionary power. Let us now examine the language of sub‑section (8) to find out the real purport and meaning and the intention of the legislature for such enactment. The underlying principle of sub‑section (8) of section 526 Cr.P.C. is to afford an opportunity to the accused gra...... For the State. Criminal Miscellaneous Case No. 356 of 1991. Judgment Anwarul Hoque Choudhury J. - This Rule arises out of an application under section 526 of the Code of Criminal Procedure for transfer of Special Tribunal Case No. 60 of 1991 now pending in the Court of Senior Special Trib......intend that the conduct of the case shall be taken over and out of the hands of the parties or their pleaders and the court doing the entire job instead. But when it appears that factor necessary for determination of the point in issue has not been elicited, or when a party avoids disclosure of matt..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......and circumstances and evidence on record that the accused‑appellants have committed the offence in furtherance of common intention otherwise charge under section 34 shall fail. 11. It is settled principle of law that inference of common intention must not be drawn lightly. Vicarious liability c...... 1987 and 188 of 1987 convicting all the accused‑appellants under sections 304, Part 11/34 of the Penal Code and also to pay a fine of Tk. 5,000/‑ each, in default to suffer rigorous imprisonment for one year more. A case being UD Case No. 10 of 1986 was Started on the death of one Shafiqul Isla......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ..Category: Criminal Law | Date: | Hits: 87
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134.......ccepted unless he has been pushed aside from acceptance in violation of a condition of the tender form and if there is no such violation no mandamus would lie nor even a suit. This also points to the principle of law that to protect a right the right must exist at present and not in future. There ha....../7‑624/92 dated 31st March, 1992 issued by the respondent No.2 namely, the General Manager, Engineering Department, Bangladesh Bank refusing to award the job of supply and installation of equipment for Central Air Conditioning System of Bangladesh Bank Building at Motijheel Dhaka to the petitioner......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......ated to bring a Court or Judge to lower his authority or utterances which are calculated to interfere with the Course of justice or the lawful process of the Courts that amount to contempt. The whole principle of law of contempt is against any such defence, and if the law were as contended for, th......ns Vs. The State of Maharashtra, AIR 1971 SC 221; Brahma Prakash Sharma's Case, (AIR 1954 SC 10); C.K. Daphtary V.O.P. Gupta. AIR 1971 SC 1132; Vinay Chandra Mishra, AIR 1995 SC 2348; Bridges Vs. California, 314 U.S. 252 (1941); Pennekamp Vs. State of Florida, 328 US 331-372, pennekamp Vs. Florida, ......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ..Category: Criminal Law | Date: | Hits: 124
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ......ted upon as true by the party to whom it is made. Generally the elements of estoppel are the representations made under circumstances which amounted to an intentional causing belief in another. The principle which is incorporated in section 115 of the Evidence Act is a simple and equitable doctrin......of Denmark sanctioned a grant to the Government of Bangladesh to the tune of 200 million Danish Crooner out of which 65 million was allocated to the Bangladesh Sugar and Food Industries Corporation for the above Mills, which is equivalent of Taka 15, 34, 45,000, has been described as long term loa......h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ..Category: Civil Law | Date: | Hits: 90
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......und that before passing this order whereby a right vested in the petitioner had been taken away, no notice was issued to him and he was not heard and as such, this order was in violation of the basic principles of natural justice. 10. The second ground taken by Mr. Chowdhury is that the responden......ed J Saifur Rahman………………………………………………..Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Dhaka and others…………………..Respondents. Judgment March 22, 1990. Lawye......g to the status quo of the parties in the disputed property during pendency of the suit in the Civil Court. Administrative interference by an incompetent authority in the matters pending for judicial determination, if encouraged, will augur the end of rule of law. Moreover, if a party to a litigatio..Category: Property Law | Date: | Hits: 63
Bashi alias Bashir and another Vs. The State, 1990, 19 CLC (HCD)
....lahi Baksh, I am constrained to hold that contention of Mr. Elahi is of no substance. Accordingly, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 209.......n Act has not been expressly excluded by the Special Powers Act. In Vidayacharan no such question fell for consideration before the Supreme Court of India as is now argued by Mr. Elahi before me. The principle laid down in that case has no application to the instant case. The point mooted before me ...... ‑ For the Appellants. Not represented- the Respondent. Criminal Appeal No. 486 of 1989. Judgment AM Mahmudur Rahman J. - This application under section 5 of the Limitation Act, 1908 is for condonation of delay in filing criminal Appeal No. 486 of 1989 under section 30 of the Special P......lahi Baksh, I am constrained to hold that contention of Mr. Elahi is of no substance. Accordingly, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 209...Category: Procedural Law | Date: | Hits: 76
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