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Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....plan is not part of master plan. 12. In the case of Sharif Nurul Ambia, 58 DLR (AD) 253 as relied upon by the petitioners the fact was that a plot situated at Bangabhavan Avenue, Ramna, Dhaka was handed over to the Dhaka City Corporation to construct public car parking place. But in violation of......charged. Cases Referred to- Sharif Nurul Ambia vs. Deputy Commissioner and others, 58 DLR (AD) 253, M Saleem Ullah, Advocate and others vs. Bangladesh and others, 55 DLR 1, M.A. Taher Miah vs. Government of Bangladesh and others, 6 MLR (AD) 68. Lawyers Involved: Ruhul Quddus with M. A. M......we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ..Category: Property Law | Date: | Hits: 135
Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239.......97 as follows: 3. (28) "local authority" shall mean and include a Paurashava, Zilla Board, Union Panchayet, Board of Trustees of a port or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund, or any corporation or other ......l authority" shall mean and include a Paurashava, Zilla Board, Union Panchayet, Board of Trustees of a port or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund, or any corporation or other body or authority constituted o..Category: Civil Law | Date: | Hits: 56
Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)
....6 of the State Acquisition and Tenancy Act inasmuch as the daughter's sons were not relations 6. Mr. AY Salehuzzaman, the learned Advocate for the opposite party Nos.1 and 2, submits, on the other hand, that a prayer‑mat is not something of pecuniary consideration. In this connection he relied ......that the case was not maintainable as the transfer under pre‑emption was for non‑pecuniary consideration in favour of opposite party Nos.1 and 2 who are the grandsons of late Mir Abdul Jalil. Moreover, the case was barred by limitation and for defect of parties. 4. The trial Court dismissed t......ptible and the application for pre‑emption is allowable. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 228. ..Category: Property Law | Date: | Hits: 75
Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)
....authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. .......25, Larmini Street, Wari, Dhaka by the respondents vide Memo No. DA‑AP/949/1125 dated 10.1.79 vide Annexure A. The premises No.25, Larmini Street, Dhaka is an abandoned property and vested in the Government for administration, control, management, disposal or otherwise in accordance with the prov...... respondents vide Memo No. DA‑AP/949/1125 dated 10.1.79 vide Annexure A. The premises No.25, Larmini Street, Dhaka is an abandoned property and vested in the Government for administration, control, management, disposal or otherwise in accordance with the provision of the Bangladesh Abandoned Prope..Category: Property Law | Date: | Hits: 75
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....d Mohiuddin inflicted dagger blow on the face of Abdur Rahman causing him grievous bleeding injuries. Accused Shamsuddin assaulted Abdur Rahman with a Bew and accused Nazimuddin took a lathi from the hand of accused Mohiuddin and further assaulted Akram Ali and Abdur Rahman. At that time the informa...... accused persons, while accused Mohiuddin was additionally charged under section 326 of the Penal Code by the learned Sessions 3udge. All the accused pleaded not guilty to the charges which were read over and explained to them and they pleaded not guilty to the same and claimed to be tried. 4. Th......bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ..Category: Criminal Law | Date: | Hits: 73
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
....ture of Sarif Lokman Ahmed in the bainapatra with his admitted signature in the kabala dated 04.09.1981 (Ext.2) the signature in the bainapatra and the signature in that kabala are products of same hand and that the execution of the bainapatra has been proved by two attesting witnesses and the scr......book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ..Category: Property Law | Date: | Hits: 51
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
....No.1 should not be declared to have been made without lawful authority and to be of no legal effect. 2. The short facts leading to the issuance of the Rule Nisi is that the respondent No.2 Ananda Chandra Das was a worker under the petitioner-company Zeenat Textile Mills Ltd. of Tongi, Gazipur a......tagong. Out of 12 pieces of solenoid valve in the case, one piece was isolated by the Customs Authority for inspection as per Customs Rules and after inspection by the Customs Authority it was handed over to the clearing Agent namely Meghna Shipping and Trading Agencies Ltd. Chittagong from whom the......d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ..Category: Labour and Industrial Law | Date: | Hits: 172
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....ing situated at Municipal holding No.3. Bhitar Bari Lane, PS Kotwali, Dhaka corresponding to CS Khatian No.2718, Plot No.134, Ward No.4, Sheet No.50 mouza Sahar Dhaka originally belonged to one Dhum Chand Bashak and on his death aforesaid building devolved on his heirs namely Sakuntala Bashak (widow...... Vs. The Chairman & another……...............Respondents Judgment February 19, 1992. Result: The Rule is made absolute. Case Referred To- M/s Speed Bird Navigation Vs. Government of Bangladesh, 27 DLR 170 & 30 DLR (AD) 101. Lawyers Involved: Habibul Islam Bhu......operty as per sale deed vide Annexure F dated 12.2.74 were not known. The expression whereabouts of the owner not known implies that the properties are not in his possession and under his control and management and he is hiding in the country or has left Bangladesh. It should be mentioned here that ..Category: Property Law | Date: | Hits: 64
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....owdhury Vs. State disposed of together with 2 other cases reported in 1989 BLD (Spl.) page 1, popularly known as 8th amendment case. 10. Mr. Aminul Huq, the learned Attorney General, on the other hand, submitted that the local bodies are to share with the it is the Parliament which is to decid......Writ Petition No. 2945 of 1991) 4. Kudrat‑E‑Elahi Panir (In Writ Petition No. 3002 of 1991)…………………….Petitioners Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development and Co‑operative (Local Government Division), Government of Bangla......d power to appoint officers and employees to assist it. Under section 26 of the repealed Ordinance the Government had power to transfer any institution or service maintained by the Parishad to the management and control of the Government and vice versa. Under section 49 of the said Ordinance th..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
.... submits that the present suit in its present form having no cause of action cannot be entertained either under section 6 or any other sections of the Admiral Court Act, 1861. Mr. Yusuf, on the other hand, has referred to different sections, namely, sections 4,5, 6, 7, 8, 9, 10, 11 and 12, particula......5, 6, 7, 8, 9, 10, 11 and 12, particularly, he has referred to section 6 of the Admiralty Court Act. Section 6 of the said Act runs as follows: "The High Court of Admiralty shall have jurisdiction over any Claim by the Owner Consignee or Assignee of any Bill of lading any Goods carried into any P......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171...Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)
.... which are all mala fide and no detention can be sustained on the basis of those grounds. 9. Mr. AY Salehuzzaman the learned Deputy Attorney‑General appearing for the respondents. In the other hand, submits that the grounds supplied to the detenu are proper grounds of detention. In as much as......e this Court at the time of hearing. 3. The case of the petitioner is that the detenu was put in detention in pursuance of an order bearing No. 6993 Sha: Ma (Nira‑3) dated 5.11.91 passed by the Government under section 3(1) (a) of the Speed Powers Act detaining the detenu for 120 days from 5.11......Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ..Category: Criminal Law | Date: | Hits: 81
Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)
....legal effect and the petitioner be re‑instated at once. In the result, the rule is made absolute, without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 165. ......for enquiry in such a case." 4. Although notices were duly served upon the respondent Nos.1 and 2 none appeared and contested this Rule, The statements made in the petition therefore remain uncontroverted. 5. Mr. Waliul Islam, the learned Advocate appearing for the petitioner submits that the ......ed 14 January, 1985 that you would not again be absent without properly taking leave, You are again absent since 21 May 1985. The work and production has been suffering due to your negligence. The management reluctantly terminate you from services with defect from 21 May, 1985. You may collect yo..Category: Labour and Industrial Law | Date: | Hits: 148
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....17 minutes he brought out the gun from the outside of the mud‑wall with the help of forked bamboo pole. He has stated that there was a gap between the wall and the tin‑shed and one could push his hand from the outside of the mud‑wall. He prepared the seizure‑list on the spot but he did not t......alleged by the prosecution. He has submitted that in the charge the time of occurrence has been given as 10‑00 AM but in the FIR in the charge‑sheet and in the evidence of the P.Ws the time of recovery has been stated to be 3‑30 PM. This he has submitted has prejudiced the accused in his defen......der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ..Category: Criminal Law | Date: | Hits: 85
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....ial mind and, as such, the impugned judgment and decree is liable to be set aside. 6. Mr. Khan Saifur Rahman, the learned Counsel appearing on behalf of the contesting defendant No.5. On the other hand, supports the judgment and decree passed by the trial Court and resists the appeal on the groun...... and another Vs. Central Exchange Bank Ltd. and others, PLD 1966 (Lahore) 1; Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co. operative Bank Ltd. 27 DLR (Dhaka) 523; DP Goenka Vs. Governor-General of Pakistan and another, 7 DLR 134; Pubali Bank Ltd. Vs. Santania Iron and Steel Ind......espondent No.1 against pledge, hypothecation—and mortgage of the mill, factory machinery godown and the stock-in-trade of defendant No.1 and those were under the administration, control custody and management of the plaintiff. That the entire stock-in-trade and valuable machineries were lost and r..Category: Business or Commercial Law | Date: | Hits: 196
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
.... not see the occurrence and their evidence is not at all sufficient to convict the accused under section 302 of the Penal Code. Mr. AKM Zahirul Haque, learned Assistant Attorney-General, on the other hand, has argued that though the informant tried to give a different version at the time of trial, t...... house where Jamila Khatun, sister of the victim Sufia used to reside. He further stated that after hearing the sound of altercation he went to the place of altercation and heard that altercation was over an amount of money which was stolen. He further stated that at one stage Khorshed gave threat b......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317...Category: Criminal Law | Date: | Hits: 54
....at in the case of violation of any provision of the Muslim Family Laws Ordinance, 1961 or the rules framed thereunder the licence shall be cancelled. On 21-10-72 he was appointed Kazi for the Chalak Chand Union. It contained a term that until the licence is revoked or suspended it shall remain in fo......ulshan Pourashava by the Administrator and Cantonment and Juarshahara Union Parishad was taken away from his jurisdiction. Although he was appointed for the whole area but he was not supplied by the Government necessary papers including the Marriage Registrar on the plea that he was not appointed Ni......rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313...
Category: Civil Law | Date: | Hits: 83
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....Opposite Parties. Civil Revision No. 3843 of 1994. Judgment Bijan Kumar Das J.- This Rule is directed against the judgment and decree dated 5-3-1994 passed by the learned Subordinate Judge, Chandpur in Title Appeal No.22 of 1990 reversing the judgment and decree dated 31.10-1998 passed by l......d manner the plaintiffs became owners in possession of 57 decimals of land of (Kha) schedule and they are possessing the same by constructing residential house and also planted various trees for long over the statutory period. The plaintiffs further asserted that out of grudge and in order to grab t......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ..Category: Property Law | Date: | Hits: 65
.... Jew has been owning and possessing the same although without any interruption. It has also been alleged that during the SA operation the suit property was wrongly recorded in the name of one Suresh Chandra Roy, who had no right, title interest and possession therein at any point of time and there i......t
High Court Division
(Civil)
Present:
Gour Gopal Saha J
Hindu Deity Lakshmi Gobinda Jew………………Petitioner
Vs.
Deputy Custodian, Enemy Property (now Vested Property), Government of Bangladesh and others...………..Opposite Parties
Judgment
August 16, 1998.
......t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300...
Category: Property Law | Date: | Hits: 102
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....by the civil Court only then the Family Court shall have jurisdiction to decide on the matter relating to dower, restitution of conjugal rights or maintenance. 6. The plaintiffs case, on the other hand, as it transpired from the judgment, appears to be that the plaintiff is a poor young girl used......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ..Category: Family Law | Date: | Hits: 166
Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)
.... of the Code of Civil Procedure in a most casual manner and the same has occasioned failure of justice. 9. Mr. Nikhilesh Dutta, the learned Counsel appearing for the opposite parties, on the other hand, submits that the learned Assistant Judge was perfectly justified in allowing the application u......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290...Category: Procedural Law | Date: | Hits: 58
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