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Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)
....o.1, duly obtained permission to transfer her land from the Housing Estate and the plaintiff requested the defendant for execution and registration of the kabala on various pretexts she refused to do so. Hence, the suit. 3. The defendant No.1, Minakhi Begum contested the suit by filing written ...... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519.......he plaintiff avoided his obligation under the contract he is not entitled to get any relief in a suit for specific performance of contract and as such the suit is liable to be dismissed. 4. At the trial the plaintiff examined in all 3 (three) witnesses and the defendant side examined only 1(one) ......e appeal is dismissed. Cases Referred to- 2 MLR (AD) 215; 57 DLR (AD) 39; 20 BLD (AD) 187; 43 DLR 360; 4 BLC (AD) 193; 5 BLD (AD) 51. Lawyers Involved: Khijir Ahmed with Hidar Alam Kollol and Shofiul Aziz, Advocates - For the Appellant. Zainul Abedin with Shirin Sultana and Md. Abu Ta..Category: Property Law | Date: | Hits: 105
Manoo Meah Vs. Sultan Ahmed Khan, 1984, 13 CLC (HCD)
....o allow the appeal or to dismiss the appeal. It is not conceivable that when the Court has power to examine the merits of the appeal, it does not have the power to allow the appeal even if the merits so demand. The only power that is given under sub-rule (1) is a power of dismissal. It necessarily f......he appeal was fixed for hearing on 21.08.1981. On that day Mr. Md. Khairul Islam, the learned Advocate for the defendant No.1 appellant before the Appellate Court could not appear when the appeal was called for hearing. He was engaged in another Court and he sent his junior to obtain a pass over t......out so as to attract the revisional jurisdiction of this Court. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 119.......…Petitioner Vs. Sultan Ahmed Khan……………………Opposite Party Judgment April 19, 1984. Result: The Rule is discharged. Cases Referred to- Taher Sheikh Chowkidar and others Vs. Otaruddi Howlader and others, AIR 1929 Cal. 475; Digendra Chandra Pal Vs. Radha Bella..Category: Procedural Law | Date: | Hits: 116
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
.... - This Rule arises out an application under section 561A of the Code of Criminal Procedure for quashing the proceeding in Sessions Case No.5 of 1983 pending before Additional District Magistrate, Jessore arising out of Jessore Sadar, D.A.B. G.R.No.16 of 1982 and Kotwali P.S. Case No.25 dated 12.06.......as disclosed in the F.I.R. and the Charge sheet that the accused petitioner has allegedly committed some offence and if proved would call for punishment under the law and therefore no interference is called for with the proceeding by this Court at this stage. 15. Next, we come to the question of ......Khatun surrendered before the Court with a petition for bail which was granted. 3. The Sub-Divisional Magistrate thereafter sent the case record to the learned Sessions Judge on 02.01.1983 for trial. The case was numbered as Sessions Case No.5 of 1983. Before that Court she entered appearance...... the Code of Criminal Procedure for quashing the proceeding in Sessions Case No.5 of 1983 pending before Additional District Magistrate, Jessore arising out of Jessore Sadar, D.A.B. G.R.No.16 of 1982 and Kotwali P.S. Case No.25 dated 12.06.1982 under sections 468/419/420/471 and read with section 10..Category: Criminal Law | Date: | Hits: 117
Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)
....86. Leave to Appeal No.67 of 1986 was refused by the Appellate Division on 08.05.1986. The decree-holder prays for the other assets of the judgment debtors within the jurisdiction of this Court to be sold in execution. 2. The execution is being contested by the judgment-debtor No.1 on the grounds...... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105.......ead with section 43 of the Bangladesh Merchants Shipping Ordinance, 1983 the Court cannot pass a decree beyond the sale value of the mortgaged ship. This is a question which was agitated before the trial Court and was taken as ground No.1 before the Appellate Division. As an executing Court I have...... Syed Ishtiaq Ahmed with H.R. Sharif, Advocates-For the Opposite parties. Admiralty Suit No. 30 of 1984. Judgment Mustafa Kamal J.- This is an application praying for an order of attachment and sale of the properties of the judgment-debtors as mentioned in Annexure-A and for realisation of..Category: Admiralty Law or Maritime Law | Date: | Hits: 360
Pubali Bank Ltd. Vs. Chairman, 1st Labour Court, Dhaka & others, 1986, 15 CLC (HCD)
....opposite party-Petitioner in order to frustrate their trade union activities they were promoted to the rank of offices but they declined the promotions and to accept them on the ground of their association with the worker's Union but the bank did not accept the refusal and their promotion was ......to costs. However, we direct the Labour Court to dispose of the original cases expeditiously. Anwarul Hoque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 128.......rit Petition No.547 of 1985 along with Writ Petition Nos.548, 549 and 550 of 1985. Judgment Sultan Hossain Khan J. - These four Rules have arisen out of four similar decisions made in four Industrial Relations Ordinance Cases (hereinafter referred to as I.R.O. Cases) by the 1st Labour Court, D......Khalilur Rahman with Sk. Abul Hossain, Advocates - For the Petitioner. A. F. M. Ali Asgar, Advocate - For the Respondent No.2. Writ Petition No.547 of 1985 along with Writ Petition Nos.548, 549 and 550 of 1985. Judgment Sultan Hossain Khan J. - These four Rules have arisen out of four si..Category: Labour and Industrial Law | Date: | Hits: 147
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....pleas and lastly, on 5‑2-89 the defendant No.1 informed the plaintiff that they will not execute the sale deed. 3. The aforesaid suit was filed on 9‑2‑89 and on 15‑2‑89 the plaintiff also filed an application praying for an order of temporary injunction restraining the defendant No.1 ......laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554....... reviewing the above order dated 23‑1‑2001 but by order dated 19‑3‑2001 the said prayer was also rejected. During hearing before us, Mr. Chowdhury also prayed for sending back the case to the trial Court on remand so that additional evidence may be considered therein but we are of the view t......l Appellate Jurisdiction) Present: Md. Tafazzul Islam J AHM Shamsuddin Chowdhury J Siraj Mia (Md.)........................................................Appellant Vs. Nasima Akhter and another......................................Respondents Judgment January 21, 2002. Res..Category: Property Law | Date: | Hits: 104
Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)
.............................................Petitioner Vs. DC, Chuadanga and others...............................Opposite Parties Judgment December 1, 2002. Result: The Rule is made absolute. Cases Referred to- Abdul Hashem Vs. Chairman National Board of Revenue, Dhaka and anot...... it cannot be resorted by way of punishment. When the Court finds the move mala fide and arbitrary, it is not only competent to look into the legality and propriety of the impugned action but is also called upon to act decisively to administer even‑handed justice. The failure of the defendant oppo......to by a Magistrate of the 1st Class and on the basis of the enquiry report filed by the learned Magistrate, the plaintiff was placed under suspension pending the departmental proceeding. 5. At the trial, the plaintiff examined one witness while the contesting opposite parties also examined one wi......ourt Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Sk Rezowan Ali J Bijoy Kumar Shaha...........................................Petitioner Vs. DC, Chuadanga and others...............................Opposite Parties Judgment December 1, 2002. Result..Category: Employment/Service Law | Date: | Hits: 194
Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)
....Begum and others………………………Petitioners Vs. Faruque Meah and another………………………Opposite-Parties Judgment March 16, 2010. Result: Both Rules are made absolute. Cases Referred to- Meher Banu Vs. Abdul Barek and Muslim Bepari, 13 BLT (AD) 177; San......d to dispose up the appeal within 6(six) months from the date of receipt of the copy of this judgment. The order of stay granted at the time issuance of the Rule in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. ......d land in the suit property. 8. After hearing the parties the learned Assistant Judge by the judgment and decree dated 30-3-1995 dismissed the suit. 9. On appeal, the judgment and decree of the trial Court were reversed and set by the impugned judgment and decree dated 13-2-2006 passed by the ...... costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ..Category: Property Law | Date: | Hits: 97
ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)
....rdinance. (2) An application for recognition shall be addressed to the Registrar and shall contain full information in respect of the following matters, namely (a) the constitution and personnel of the managing body of the institution; (b) the subjects and courses in which it impar......1) Tangail Homoeopathic Medical College (12) Swarupkati Homoeopathic Medical College (13) Sirajgonj Homoeopathic Medical College (14) The Hahnemann Homeopathic Medical College also formed a committee called the proposed Homoeopathic Medical College Recognition Implementation Committee to press their......n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385....... Division (Special Original Jurisdiction) Present: Bimalendu Bikash Roy Choudhury J ABM Quabil Ahmed...................Petitioner Vs. Secretary, Ministry of Health and another……………………..Respondents Judgment June 12, 1991. Result: ..Category: Others | Date: | Hits: 154
Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)
....t dated 13.4.88 passed by the Sessions Judge, Comilla in Sessions Trial No. 29 of 1987 convicting all the appellants under sections 302/34 of Bangladesh Penal Code and sentencing each of them to imprisonment for life. 2. Prosecution case, inter alia, is that on 29.10.86 Wednesday at about 12...... the victim causing swelling injuries. On hearing cries of the victim (26 & 27) witnesses came to the place of occurrence and saw and heard the occurrence. P.W. Abdul Kashem went to Langalkot and called in Dr. Noor Mohammad (P.W.17) to the house of the victim and after first aid he advised to se......r, case of the prosecution is that the victim was sent to Dhaka and he died there on 2.11.86 and his dead body after post mortem examination was brought to Langalkot and buried there. 3. At the trial all the accused persons were charged under sections 302/34 BPC to which they pleaded not guilt......d in: 44 DLR (HCD) (1992) 379. ..Category: Criminal Law | Date: | Hits: 148
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....4 it was found in the shed concerned that all the 62 drums were in damaged condition as most of the steel drums containing liquid chemical had been leaking the contents at the place of stacking and some cardboard drums containing powder chemical were found torn. Defendant No.4 M/s. Birds (Pakist......smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93.......t Trust denied any liability for any damage caused in 23 drums in question. Defendant No.5 also stated that there was no negligence or misconduct on the part of the staff of defendant No.5. The trial Court framed the following issues:- 1. What is the extent of the loss if any suffered by th......1, 1985. Result: The appeal is dismissed. Cases Referred to- Adam Ltd. Vs. East & West Steamship Company, PLD 1962 Karachi 715; East & West Steam Ship Company Vs. Hossain Brothers and others, 19 DLR (SC) 530; The Karachi Steam Navigation Co. Ltd. Vs. Messrs Abdul Rahman Abdul Gan..Category: Business or Commercial Law | Date: | Hits: 463
Mati Miah and Shamsu Miah Vs. State, 1990, 19 CLC (HCD)
....ecified in section 19A of the Arms Act and no independent witness has been examined in this case though such witnesses have been named in the FIR Ext. 1. 11. Informant Shahadat Hossain who is also o/c of the thana has deposed in this case as P.W.1. He stated in his evidence that on 4.11.80 at ......e No.221 of 1980 are hereby set aside. Both the appellants Shamsu Mia and Mati Mia are discharged from their respective bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 554.......nal No.VII, Dhaka in Special Tribunal Case No.221 of 1980. 2. Appellant namely Mati Miah of Crl. Appeal No.365 of 1986 and appellant Shamsu Miah of Criminal Appeal No.493 of 1986 were placed on trial before the Special Tribunal No.VII Dhaka to answer a charge under section 19A of the Arms Act ......sdiction) Present: Syed Fazle Ahmed J Mati Miah…………………….Appellant Vs. State…………………….Respondent [In Criminal Appeal No. 365 of 1986] and Shamsu Miah ......................Appellant Vs. State……….…………..Category: Criminal Law | Date: | Hits: 125
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
....in Asgar and another ……………Petitioners Vs. Lailun Nahar Ershad and others……………Opposite Parties Judgment July 9, 1991. Result: The Rule is made absolute. Cases Referred to- Abdul Aziz Vs. Abani Mohan, 30 DLR (SC) 221; Mofazzal Molla a...... of the plaintiffs held that the application was not maintainable there being other remedies available to the defendants for redress of their grievance. 7. Feeling aggrieved the defendants have called in question the propriety of the order in this rule. 8. The fact that there was other r......peal he died and the opposite parties got themselves substituted in his place as heirs and legal representatives. They prosecuted the appeal. A Division Bench of this Court upheld the decision of the trial court on the finding inter alia. "Thus upon a full consideration of all the evidence on ......eported in: 44 DLR (HCD) (1992) 552...Category: Procedural Law | Date: | Hits: 130
....……Petitioners.
Vs.
Deputy Commissioner, Sariatpur, District Sariatpur and others………Opposite Parties
Judgment
April 13, 1992.
Result:
The rule is made absolute.
Case Referred to-
Sashi Mohan Sen Vs. Ainullah, 1992 BLD (AD) 8.
Lawyers I...... the defendant‑opposite parties have got sufficient opportunity to obey the decree but they wilfully failed to obey it and as such an action under Order 21 rule 32 of the Code of Civil Procedure is called for in the present case.
12. It may be further mentioned that after issuance of the rul......ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 545.......s Case is also Reported in: 44 DLR (HCD) (1992) 545...
Category: Property Law | Date: | Hits: 123
Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)
....…………Petitioner Vs. Commissioner, Chittagong Division, Chittagong and others………………Respondents Judgment May 4, 1992. Result: The Rule is made absolute. Case Referred to- Dr. Nurul Islam Vs. Bangladesh represented by the Secretary, M......d in reply that as a matter of fact Naithong Mouza being nearer and well connected with the Head quarter of Thanchi Upazila, the inhabitants of Naithong Mouza themselves through their village leaders called Karbaries and others working in the representative capacities including the MP of Bangladesh,......ithout lawful authority and to be of no legal effect. 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) 539.......iginal Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Shewe Hla Prue TK………………Petitioner Vs. Commissioner, Chittagong Division, Chittagong and others………………Respondents Judgment May 4, 1992. Result: The ..Category: Others | Date: | Hits: 171
Ator Ali and others Vs. State, 1989, 18 CLC (HCD)
..... Having had heard this P.W.1 Shahid, his mother P.W.2 Maleka Bibi, his brother P.W.5 Abul Kashem, sister P.W.4 Johura and cousin sister P.W.14 Shaheda @ Sazedha rushed there and found the accused persons to butcher Babor Ali with a Dao. He also said that Jilani had a rifle while Piar Mia had a pist......essional statement under section 164 CrPC which will be considered later on. P.W.11 Sukur Ali stated before the Court that on 27.5.76 Babor Ali was in front of the shop of Bachu when accused Piar Mia called Babor Ali saying “দোস্ত পান খাইয়া যাও” and when Babor Ali......ferent time and the accused persons falsely have been implicated in this case due to previous enmity and non‑consideration of the defence suggestion by the learned Additional Judge has vitiated the trial and the appellants are entitled to acquittal at least on the ground of benefit of doubt. The l......e is also Reported in: 44 DLR (HCD) (1992) 478. ..Category: Criminal Law | Date: | Hits: 145
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....udgment and decree dated 19.4.62 passed by the Subordinate Judge, Khulna in Title Suit No 5 of 1959. 2. Collector of Khulna on 16.5.59 made a reference to the Alluvial Lands Act, 1920 stating that some island chars were formed in the bed of the river Kazibacha in Mouza Tetultala within PS Batiagh...... lease of both the Chars in their totality from the government by executing four Kabuliyats. The Kabuliyat executed by Kali Kanta Chaterjee has not been produced in Court as because in spite of being called for the government who is supposed to be in custody of the same, did not file it. But the oth......s claiming the disputed land as island chars arising out of the bed of the river Kazibacha situated in Mouza Tetultala through which the river runs. 4. Claimant Nos.2‑51 have been treated by the trial Court as defendants in the suit and for the sake of convenience we shall also term them as suc......Court Division (Civil Appellate Jurisdiction) Present: Mohammad Ismailuddin Sarker J Badrul Islam Chowdhury J Padmabati Biswas………………………Appellant Vs. Banglasdesh and others ………………………Respondents Judgment June 28, 1992. Result: The ap..Category: Property Law | Date: | Hits: 118
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
.............Petitioner Vs. Kalipada Dey & others.................................................................Respondents Judgment September 11, 1986. Result: The Rule is made absolute. Cases Referred to- Bangladesh Fishermen’s Cooperative Society Ltd. Vs. The Chairman,......t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......isconceived. They obtained the impugned order of temporary injunction which was passed without giving the petitioner any opportunity to show cause or to have a hearing. In the I.R.O. case no industrial dispute being present the Labour Court could not be deemed to be a Civil Court or to have an......s Referred to- Bangladesh Fishermen’s Cooperative Society Ltd. Vs. The Chairman, Labour Court, Chittagong, 27 DLR (1975) 367; Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another, 29 DLR (1977) 148; Manager, Sonali Jute Mills Ltd. Vs. Secretary, Sonali Jute Mills Wor..Category: Labour and Industrial Law | Date: | Hits: 204
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....People's Republic of Bangladesh to show cause as to why the New Delhi Tripartite Agreement signed by the then Foreign Minister, Dr. Kamal Hossain, Respondent No.4, on 9th April, 1974 releasing 195 Prisoners of War (POWs), identified as perpetrators of crimes against humanity, shall not be declared t......tion of law or the Constitution. Apart from that the petitioner has no substantive interest herein. In addition, an international agreement which was acted upon more than three decades back cannot be called in question in Court. The instant application is a misconceived and has been preferred wit......own in Article 47(3) of the Constitution read with the provisions laid down in International Crimes (Tribunal) Act. 1973 since the first amendment of our Constitution on 15th July 1973 provides for trial of Prisoners of War who committed crimes against humanity. Mr. Islam further submits that the ......s Case is also Reported in: 63 DLR (HCD) (2011) 491...Category: Constitutional Law | Date: | Hits: 314
Babu Khan Vs. State, 2003, 32 CLC (HCD)
....d 28-1‑1986 passed by the learned Sessions Judge, Rajbari in Sessions Case No.75 of 1985 convicting the accused appellant under section 302 of the Penal Code and sentencing him thereunder to imprisonment for life. 2. Prosecution case, in brief, is that on 20‑9-1984 at night accused appell......ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547.......submitted charge-sheet against the accused appellant Babu Khan on 2‑11‑1984 under sections 380/511/459/326/302 of the Penal Code and that the case thereafter was sent to the Court of Sessions for trial. The learned Sessions Judge on 7‑1‑1986 framed charge against the accused appellant under ......General—For the State. Criminal Appeal No.2388 of 1997. Judgment Amirul Kabir Chowdhury J.-At the instance of the accused appellant Babu Khan this appeal has been directed against judgment and order dated 28-1‑1986 passed by the learned Sessions Judge, Rajbari in Sessions Case No.75 o..Category: Criminal Law | Date: | Hits: 123
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