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Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
....under the appropriate sections of the Penal Code in view of the allegation made against the accused‑petitioner and try him accordingly. 8. In that view of the matter we make the Rule absolute in part and set aside the impugned order of the learned Tribunal to the extent of framing charge under ......ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ......ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ..Category: Criminal Law | Date: | Hits: 133
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
....ict Judge, Pabna. The learned District Judge registered the said petition as letters of administration Case No.9 of 1976. The appellants and respondent Nos.3 to 11 were subsequently added as opposite parties who contested the case by filing written objection. So the case was converted to LA Suit No....... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ...... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ..Category: Property Law | Date: | Hits: 183
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....vision No. 574 of 1997. Judgment Amirul Kabir Chowdhury J. - This Rule arises out of an application under section 115(1) of the Code of Civil Procedure at the instance of Reazul Karim, opposite party before the Election Tribunal. The opposite party No.1 named Kabir Ahmed was the petitioner bef......ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ......ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ..Category: Election Law | Date: | Hits: 248
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....q J. - Can a Court deal with a matter decided earlier by it rendering a decision giving finality is the question which requires an answer in this Rule. 2. Rule was issued calling upon the opposite party No.1 to show cause why order dated 29-6-1997 passed by the learned Additional District Judge, ......arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400...Category: Civil Law | Date: | Hits: 200
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....e Society and because of the disputes with the said Society miscreants killed his brother. However, neither in his deposition nor in his cross-examination he has stated that the accused belonged to a particular Fishermen Society which had a dispute with the said society in which deceased Afazuddin w......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397...Category: Criminal Law | Date: | Hits: 132
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....t Division (Special Original Jurisdiction) Present: Mustafa Kamal J Chand Mian (Md.)........................Petitioner Vs. Khodeza Bibi and others……………..........Opposite parties Judgment November 6, 1989. Result: The result the Rule is made absolute. Case......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344...Category: Property Law | Date: | Hits: 133
Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....indefinite period by notifiÂcation dated 27.7.86 and that the notification of stopÂpage of work and the lay-off are illegal. The matter was reported to the Joint Director of Labour before whom both parties were represented along with othÂers and certain decisions were arrived at on 29.5.86 but th......of stopÂpage of work and lay-off was not beyond the control of the petitioner but due to its wilful omission as the WAPDA stopped supply of electricity due to the default of the petitioner in making payment of arrear electric bills. 3. The employer-petitioner contested the said case and filed a ......hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340...Category: Labour and Industrial Law | Date: | Hits: 193
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
....han as her only heir. 5. Thus according to the plaintiffs 1-30, they are joint owners of 1/3rd of the total share in the suit properties and they are in constructive possession thereof without any partition by metes and bounds of their respective shares. 6. The further case for the plaintiff i......exeÂcuted on 7.6.1939 in favour of Korfulnessa and her husband defendant No.20 Amjad Ali transferring plot Nos.953, 545 and 632 measuring 1.31 acre. Ext. B-B(5) are provisional rent receipts showing payment of rents for the Bengali Year 1362, 1363,1364, 1365, 1366 and 1368 showing payment of rent b...... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335...Category: Property Law | Date: | Hits: 135
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....l allegations and contending, inter alia, that the instant suit is not maintainable as there was no cause of action for the suit against the vessel, the defendant No.1, that in pursuance of a charter party dated 23rd July, 1996, Precious Shipping Public Company Limited, the owner of MV Daizu Maru, c...... US $74,652.28. The supplies of bunkers against those invoices were also duly received and acknowledged by the master and the chief engineer of the vessel. Although the bunkers were duly supplied but payments were not made in favour of the plaintiff in spite of the letter dated 12‑9‑1996 and rem......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
....s further stated that the matter is now under investigation of Bureau of Anti-Corruption who has seized the documents in this connection. And RAJUK was not aware about other cases and it was not made party in these cases. It is also stated that it approved the plan of respondent No.2. 5. In a nut......he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462...Category: Property Law | Date: | Hits: 248
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....ate Miscellaneous Case No.38 of 1993 rejecting an application refusing to summon transferees to produce documents. 2. The short facts for the purpose of disposal of the Rule are that, the opposite party No.1 being petitioner instituted Probate Miscellaneous Case No.38 of 1993 under section 290 of......is discharged as being incompetent 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: 51 DLR (HCD) (1999) 460.......is discharged as being incompetent 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: 51 DLR (HCD) (1999) 460...Category: Property Law | Date: | Hits: 106
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....¦..Petitioners Vs. State, represented by the Deputy Commissioner...….....…….Opposite Party Judgment July 2, 1998. Result: Both the Rules are made absolute in part. Cases Referred to- Ali Akbar Khan Vs. State, 34 DLR 94; Bangladesh Vs. Abed Ali, 3......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457.......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457...Category: Criminal Law | Date: | Hits: 109
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....ly transferred by it though this cannot be done in the case of a heba (y) Two conditions, however, must concur to make the transaction valid, namely, (1) actual payment of consideration (iwaz) on the part of the donee, and (2) an intention on the part of the donor to divest himself in praesenti of t......perty capable of division may be lawfully transferred by it though this cannot be done in the case of a heba (y) Two conditions, however, must concur to make the transaction valid, namely, (1) actual payment of consideration (iwaz) on the part of the donee, and (2) an intention on the part of the do......as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451...Category: Property Law | Date: | Hits: 103
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....endant is that since the question of complicated title is concerned the plaintiffs should have filed a suit for declaration of title and should make the prayer for permanent injunction. 8. Both parties led their respective evidence. 9. Trial Court decreed the suit believing claim of sett...... 1 is the suit land and area of the suit land is 2.71 acres. 4. Plaintiffs allegation is that although after taking settlement in the aforesaid manner they are in possession of the suit land on payment of rent to the government, the government is trying to give settlement of the suit land to t......charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447...Category: Property Law | Date: | Hits: 103
Muslim Ali (Md.) Vs. Dhaka Bar Association and others, 1998, 27 CLC (HCD)
....hat he should first be a member of the Bar Association. The petitioner further states that because of the inordinate delay in replying to his application dated 27-10-97 he is deprived of his right to participate in the Bar Council election held on 25-5-97 and his fundamental right guaranteed under A......n as quickly as possible. For the aforesaid reasons and with the aforesaid observation I reject this petition in limine. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 446. ......n as quickly as possible. For the aforesaid reasons and with the aforesaid observation I reject this petition in limine. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 446. ..Category: Others | Date: | Hits: 143
Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
....respectively passed by the Senior Assistant Judge, Mohanganj, Netrakona in Family Suit No.14 of 1994 decreeing the suit. 2. Facts relevant for disposal of the Rule, in short, are that the opposite party as plaintiff instituted the above mentioned family suit in the Court of Senior Assistant Judge......e petitioner has categorically denied that any marriage took place between him and the opposite party at any point of time. If there is no marriage between the parties there cannot be any question of payment of dower, prompt or otherwise or payment of maintenance by the husband to the wife. It is ad......y of the defendant. After the marriage the plaintiff went to live in the house of the defendant and they lived together as husband and wife and the marriage was duly consummated. The defendant took a loan of Taka 12,000.00 from the father of the plaintiff. With the passage of time the defendant beca..Category: Family Law | Date: | Hits: 230
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
.... Company and the Rupali Bank Ltd. also filed a power on 14.11.89 in the matter as one of the creditors; that the matter remained pending for more than three years and ultimately it was disposed of ex parte on 9.8‑90 by the learned Company Judge holding that the Company was liable to be wound up an......th; that the said Company failed to pay rent as per the agreement and as a result on 24.1.87 the rent due stood at Tk. 1,85,359.95 paisa, that BRTC requested the said Company on various occasions for payment of outstanding rent but the said Company did not pay any heed to such requests, that by a le......at in the year 1966 Pakistan Industrial Credit and Investment Corporation Ltd. briefly PICIC, predecessor‑in‑interest of the BSRS, sanctioned to the Company M/s Ashraf Jute Mills foreign currency loan for the establishment of a new Jute Mills at Kanchan, Narayanganj and subsÂequently sanctioned..Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....nly legal heirs to inherit her share. On 10.4.1950 an area of 32.50 acre of land was requisitioned in LA Case No.29 of 1949‑50 including 0'10 acre of CS plot No.680,0'13 are of CS plot No.681 being parts of these plots and entire 0'28 acre of CS plot No.677 of Mouja Dhanmondi owned and possessed b......t. Thereafter by Gazette Notification dated 4.10.1951 said requisitioned land was acquired under section 5(7) of the East Bengal (Emergency) Requisition of Property Act, 1948. By order dated 5.5.1952 payment of compensation in respect of CS Plot Nos.677 and 680 was stopped. By Gazette NotiÂfication......itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ..Category: Property Law | Date: | Hits: 121
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
....ndi for post‑mortem examiÂnation with chalan dated 26.7.82. He said that Safluddin Ahmed also visited in the PO, prepared the sketch map with index, seized alamats; as per seizure list such as one part of broken door, one hurricane, blood stained earth, one rope, etc. marked Exts. Nos. I‑V whic...... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441....... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441...Category: Criminal Law | Date: | Hits: 112
Dhaka Steel Works Ltd. Vs. Commissioner of Taxes, Dhaka (North Zone) Dhaka, 1992, 21 CLC (HCD)
.... view of sub‑section (5) seems to be mandatory in nature so far as the decision of the High Court Division is concerned. But how the High Court Division will decide the question without hearing the party at whose instance the reference is made seeking answer to the question raised thereby? The dec......As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440.......As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440...Category: Fiscal/Taxation Law | Date: | Hits: 164
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