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State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
....ely were recovered from the condemned prisoner conclusively proved that the condemned prisoner was a boarder in the room wherefrom heroin was recovered and, as such, the Additional Sessions Judge has rightly convicted him for the offence under the said Act. Mr. Hasan has however found it difficult t......991 with Jail Appeal No.2197 of 1991. Judgment Mohammad Fazlul Karim J.- This Reference under section 374 of the Code of Criminal Procedure has been made by the Additional Sessions Judge, Dhaka for confirmation of the sentence of death by hanging by the neck imposed upon the condemned‑prison......ves over the area of No.1 Gulshan maintaining liaison between them. Information revealed that two foreigners shall smuggle heroin through Bangladesh, one of them was of dark complexion and another of fair complexion and the information contained the name of Gulshan Hotel. The Inspector gathered that......ions Judge, Dhaka who on receipt of the charge‑sheet registered Sessions Case No.243 of 1990 against the condemned‑prisoner under section 19(1)(b) of the Narcotics Control Act, 1990. 7. At the trial charge for alleged, violation of section 9(1) punishable under section 19(1)(b) of the said Ac..Category: Criminal Law | Date: | Hits: 164
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......dated 28-5-82 passed by the High Court Division in Criminal Revision No.38 of 1981) Judgment Shahabnddin Ahmed J.- The question involved in this appeal is whether a person who executed a bond for production of a property before Court is liable to prosecution for criminal breach of trust in t......ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......tutes a criminal liability independent of his civil liability by way of forfeiture of his bond. The appeal is dismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (..Category: Criminal Law | Date: | Hits: 111
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ...... to cases under Special Powers Act, is the consideration of this appeal. 2. The facts leading to the appeal are, that the appellant, a cousin of deceased Montazur Rahman Chowdhury lodged a first information report on 19-9-1974 at Biswannath Police Station, alleging that the accused named therei......peror, AIR 1938 (PC) 269 M. N. S Nair Vs. Balakrishna, AIR 1972 (SC) 46 Makhan Lal Saha Vs. The Crown, (1950) 2 DLR 223, and Sachi Nanda Kunda Vs. The Crown, (1955) 7 DLR 216. Superintendent, Legal Affairs Vs. Azizul Huq, (1960) 12 DLR 324 State Vs. Eusubali (1968) 20 DLR 518 Abdur Rab Vs. Syed Ahme......nd completing investigation submitted charge sheet on 29-6-1975 against the accused persons under section 148/364/120B and 302 of the Penal Code, read with Special Powers Act, 1974, to stand, their trial. While the case was pending for trial in the Court of Special Tribunal, Sylhet, the Special Pu..Category: Criminal Law | Date: | Hits: 99
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....d by the High Court Division in F.M.A. No. 471 of 1976) Judgment Shahabuddin Ahmed J.- In this appeal by special leave the question, which appears to be of great public interest, is whether the right of pre-emption is available when the land sought to be pre-empted has already been reconveyed ......er the right of pre-emption is available when the land sought to be pre-empted has already been reconveyed to the vendor, particularly when the deed of reconveyance has been executed and registered before the filing of the application for pre-emption. Both the trial Court, and the High Court Divisio......n an application of this nature, either under section 26F of the Bengal Tenancy Act or under section 24 of the East Bengal Non-Agricultural Tenancy Act what is required is that the Court must examine fairly and squarely the facts of the case and decide for itself whether a transfer is still subsisti...... to be pre-empted has already been reconveyed to the vendor, particularly when the deed of reconveyance has been executed and registered before the filing of the application for pre-emption. Both the trial Court, and the High Court Division in revision, have answered the question in the affirmative ..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....ical party and one of the two progenies of the Founding Father of the Nation, who were lucky enough to miraculously survive the diabolic holocaust of 15th August 1975, and to tarnish her image to the right thinking people world wide, initiated the said criminal case, the legality of which has been q......e and Upazilla: Tungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka....... Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cabinet Division, Government of the People’s Republic of Bangladesh, Bangladesh Secr......hich was exercised by the Chancellor in the Court of Equity, which connotes that the Court can travel beyond the strict terms of the Rule, where such a move is necessitated by the principle of equity fairness and justice. In support of his submission Mr. Huq cited the case of State of Kerala Vs. TP ......ers, Mr. Abdul Matin Khashru submitted that the said passage in the FIR divulges an inexonerable flaw and fallacy. He went on to state that Article 35 of the Constitution of the Republic contemplates trial without undue delay, whereas in the instant case no step was taken until 2005, while the FIR w..Category: Criminal Law | Date: | Hits: 133
....ich is treated by the Government as abandoned property must apply to the Government for its release as provided in that article. Article 15(1) provides as follows:
"15. (1) Any person claiming any right or interest in any property treated by Government as abandonee property may make an applicat......ndent No.1 to 3 who are partners of the registered firm named and styled as M/s. Masood Reza and Co. (hereinafter referred to as "the firm") filed an application under Article 102 of the Constitution for directing the appellant and respondents No.4 to 8 to restore to them the possession, control and......ladesh and to appoint Mr. A.K.M. Shamsul Huq, M.A. C/o. Reza Chamber, 75, Motijheel Commercial Area, Dacca as Administrator for the units. He shall operate the Mill and generally conduct all their affairs including operation of bank accounts, subject to the general supervision, of the Management Bo......s.
2. By notification dated 7-3-72 which was published in the Bangladesh Gazette Extra-ordinary on March 20, 1972 of the Ministry of Industries, the Management of M/s. E. Pak Traders, Tejgaon Industrial Area, Dacca and M/s. Masood Reza & Company, Reza Chamber, 75, Motijheel Commercial Area, u..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
.... High Court Division which Court also held that there was service of notice upon the defendant-appellant. I do not think that in the circumstances as stated above, the defendant-appellant has any right to ask for such concession from the court. From the date of registration of the kabuliyat, Mr........ Hossain, Advocate-on-Record - For respondent Nos. 1 & 2. Syed Sakhawat Ali, Advocate-on-Record – For the respondent No. 7. Judgment Fazle Munim CJ. - This appeal arises out of a suit for ejectment, being Title Suit No. 115 of 1960 in the 1st Court of Munsif, Dhaka. The appellant,......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......n. By a notice sent by registered post on 13.10.59 and also the notice through court on 11.10.56 the appellant was directed to vacate the suit land by the end of the Bengalee calendar year. 2. The trial court dismissed the suit on 22nd September, 1962. On appeal, the suit was decreed by the first..Category: Property Law | Date: | Hits: 103
AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)
....o be prejudicially affected if the case is determined on merits in the presence of both parties. One cannot take advantage of his own wrong when, as in the present case, by taking no objection at the right moment before the right court, one allows its machinery to function and take objection at the ......dgment and order of the High Court Division passed in Second Appeal No. 177 of 1978 on April 6, 1982. 2. Plaintiff-respondent filed S.C.C Suit No. 5 of 1970 in the 4th Court of Munsif, Narayanganj for ejectment of the defendant appellant from the suit premises and obtained an ex parte decree on M......n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ...... by the defendant appellant, the order passed in the Miscellaneous Case No. 77 of 1972 was a nullity. 5. Defendant appellant filed Title Appeal No. 29 of 1977 against the judgment and Order of the trial court and being unsuccessful filed Second Appeal No 177 of 1978 before the High Court Division..Category: Procedural Law | Date: | Hits: 109
M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
....s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......dvocate-on-Record- For the Petitioner. Abdur Razzaq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos.2-6. Civil Petition for Leave to Appeal No.1205 of 2003. (From the judgment and order dated 27th July, 2003 passed by......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......prayed for and there will be multiplicity of litigation. 3. Upon filing of the suit the petitioner filed an application under Order XXXIX Rule 1 of the Code of Civil Procedure on 14.6.2000 and the trial court issued an order of ad-interim injunction restraining defendant Nos.1-4 from taking or ma..Category: Business or Commercial Law | Date: | Hits: 208
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....at the SCC Judge had no jurisdiction to entertain the suit: that there was no relationship of landlord and tenant between them: that the suit was bad for defect of parties: that the plaintiffs had no right, title and interest in the suit premises; that Benodi Lal Biswas the original owner of the sui......ty. Civil Revision No.20 of 1988. Judgment MA Aziz J.- This Rule is directed against an order dated 30-6-87 passed by the SCC Judge (Assistant Judge), Sadar Dinajpur in SCC Suit No.9 of 1986 for ejectment of tenant. 2. Landlords Rabiul Alam and Zobaidur Rahman are the petitioners before ......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ...... Council in B Kunwar Vs. Ranjit Singh AIR 1915 (PC) 96; 42 I.A. 202. 11. Mr. Muhammad Jamiruddin Sircar, learned Counsel appearing for the opposite party submits that in view of the finding of the trial Court that the case involved a question of title the same should be tried by the SCC, Court ra..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....lationship of landlord and tenant ceased with the acquisition of rent receiving interest under the Act. Thus with the severance of landlord and tenant relation, the decree-holder ceased to have his right to put the holding to sale under the Bengal Tenancy Act. But his right to proceed against the ......ivil Revision Case No.29 of 1972) Judgment Kemaluddin Hossain CJ.- Decree-holder is the appellant and the matter arises out of an execution proceeding started by one of the judgment debtors for setting aside the auction sale. The facts in brief are that the decree-holder-auction purchaser ......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......filed an application under Order 21, rule 90 and the execution proceeding was taken under Order 21 of the Code of Civil Procedure. The finding of the learned Subordinate Judge reversing that of the trial Court is that the process were deemed to have been served on the judgment-debtor is not in p..Category: Property Law | Date: | Hits: 60
Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)
....By the preliminary decree only disputed question of title, if any and extent of share of the parties along with the question of possession, are determined. Once the preliminary decree is passed and rights of the parties determined, the question of abatement of the suit on the death of a party does......976) Judgment Ruhul Islam J.- This appeal by special leave arises from the judgment and order of the High Court Division dated May 31st, 1976 in Civil Order No.824 of 1976. 2. Facts relevant for disposal of the appeal are that the appellant and respondents 11-15 as plaintiff instituted Pa......tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the observations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320....... by the appellant was for delaying the proceedings as he is in possession of the properties. 3. Against this order leave was granted to examine the contention raised by the appellant whether the trial Court as well as the High Court Division were correct in rejecting the prayer for amendment of..Category: Property Law | Date: | Hits: 78
Babul Chandra Biswas and others Vs. Dina Bandhu Chowdhury and others, 1979, 8 CLC (AD)
....sic question for decision is the possession of the plaintiffs and whether the plaintiffs could get temporary injunction. It is to be observed that the trial Court went on the basis of prima facie right and did not come to any clear finding of possession. The first appellate Court, on the other h......ession granted, temporary injunction and directed early disposal of the suit and this order is under challenge. 2. All that need be said in this appeal is that the plaintiffs instituted, a suit for permanent injunction and prayed for temporary injunction. The defendants and the plaintiffs bo...... Court of appeal below is restored. The direction given by the High Court Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ......on in Civil Revision Case No.167 of 1978). Judgment Kemaluddin Hossaita CJ.- Defendants are the appellants and the appeal arises out of an order of temporary injunction which was allowed by the trial Court but on appeal the prayer was rejected by the Court of appeal below and on revision the l..Category: Property Law | Date: | Hits: 78
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
.... the suit land during the subsistence of the order of attachment the registered sale deed in favour of the plaintiffs dated 27.5.68 was void and illegal and as such the plaintiffs did not acquire any right, title or interest in the suit land through the registered sale deed. 6. On appeal the lear......ngail in Other Class Appeal No. 30 of 1974, affirming the judgment and decree dated 30th August, 1974 passed by the Second Court of Munsif Tangail in Title Suit No. 37 of 1972. The facts necessary for the disposal of the appeal may be stated as under: 2. The plaintiff-respondent filed a suit f......t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......lands were attached before judgment and during the period of attachment the suit land was sold to Sonaullah by the registered sale deed on 27.5.68 and as such the sale was illegal and void. 5. The trial Court dismissed the suit without cost holding that the plaintiffs having purchased the suit la..Category: Property Law | Date: | Hits: 79
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....ction certificate by the Bangladesh Bank to the BRAC Bank for registration and Commencing its business as in no way affects the public in general or a particular group of respondent No.1, he has no right to come with the writ petition in the nature of public interest litigation. It is seen from th......e petitioner is also registered with the Department of Social Welfare, Government of Bangladesh. The respondent No.1 is the Chairman of the Chittagong Labour Court while the respondent No.2 was the former employee of the petitioner. The respondent No.2 was appointed on 1-2-1998 and worked in diffe......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......denying all the material allegations and stated that the petitioner is not a Commercial Establishment or Industries as per provision of the Employment of Labour (Standing Orders) Act, 1965 and Industrial Relation Ordinance, 1969. The Labour Court after taking evidence both oral and documentary and..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ...... 2009. Result: The Rule is made absolute. Cases Referred to- Ranju Roy Vs. Jibesh Ranjan Roy, 14 MLR (AD) 18; Anwar Hossain Vs. Abdul Hossain Mollah, 44 DLR 79. Lawyers Involved: Sarforaj Meah with Azahar Ullah Bhuiyan, Advocates - For the Petitioner. Fauzia Karim with Rebaka Su......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ...... exhibits and ultimately dismissed the suit by his judgment and decree dated 31-5-1986 and 7-6-1986 respectively. 5. The plaintiff having been aggrieved by the aforesaid judgment and decree of the trial Court had preferred title Appeal No. 157 of 1986 in the Court of District Judge, Noakhali and ..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....kder and Mr. Abu Khaled-al-Mamun, Advocates for the opposite party, supporting the judgments and orders passed by the Courts below, submits that both the Courts below assessing the evidence on record rightly found that the opposite party No. 1 (first party) at the relevant time was in possession of ......n status quo in respect of possession of the case land and also to file their written statements. By the same order the case record was transferred to the Court of Metropolitan Magistrate, Chittagong for trial and disposal. The said order was duly served upon the second party on 30-5-1997. 5. The......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......atus quo in respect of possession of the case land and also to file their written statements. By the same order the case record was transferred to the Court of Metropolitan Magistrate, Chittagong for trial and disposal. The said order was duly served upon the second party on 30-5-1997. 5. The sec..Category: Criminal Law | Date: | Hits: 122
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....he police could not invoke section 16(3) of the Act when the Act was not in existence on 5-2-1974 the date of commission of the offence and the Act was not given any retrospective effect. So it was rightly challenged that the police had no authority to invoke the provisions of section 16(3) of the......nt and order dated the 24th September, 1974 passed by the High Court Division in Criminal Revision No.1641 of 1974.) Judgment Ahsanuddin Chowdhury J.—In this appeal by Special leave the point for consideration is whether for offences alleged to have been committed on or prior to 5-2-1974 t......tenor and object of the new legislation for expeditious trial of the cases and the indications furnished by the amendment of section 537 of the Code of Criminal Procedure, it was observed that it was fairly clear that the intention of the legislature was to affect cases committed for trial but await......ants and 7 others including Abdur Rahman under section 255, 256, 258 and 259 of the Penal Code read with section 16(3) of the Act. The case was then transferred to the Court of Special Tribunal for trial. The appellants prayer for bail having been rejected by the Special Tribunal they moved the Hi..Category: Criminal Law | Date: | Hits: 76
Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)
....e party No.1 pre-emptee at a consideration of Tk.5,000/- by a registered deed dated 17.12.1994. That though the transfer was a sale the pre-emptee in collusion with the vendor, in order to defeat the right of pre-emption of the petitioner, created that transfer deed as a deed of exchange. But in fac......-Record—For the Petitioner. Rafiqul Islam, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For Respondent No.1. Respondent Nos.2-3—Not represented. Civil Petition for Leave to Appeal No.1350 of 2009. (From the judgment and order dated 18.03.2009 passed by the ......- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ...... of their respective exchanged land and as such the pre-emption case was not maintainable at all. 6. The contesting parties examined several witnesses in order to prove their respective cases. The trial court, on consideration of evidence adduced by the parties, rejected the pre-emption case hold..Category: Property Law | Date: | Hits: 93
Sona Miah and others Vs. Abed Ali and others, 2012, 41 CLC (AD)
.... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377.......Quiyum, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record —For Respondent Nos.118, 119 and 228. Respondent Nos.1-117, 120-223 and 229 —Not represented. Civil Petition for Leave to Appeal No.1849 of 2010. (From the judgment and order dated 10.02.2010 passed by the ...... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377.......l Assistant Judge, 1st Court, Gazipur was renumbered as Title Suit No.19 of 1992. The defendants in different sets contested in that partition suit. By the judgment and decree as aforementioned the trial court decreed that suit in preliminary form allotting a saham for 2.37 acres of land out of to..Category: Property Law | Date: | Hits: 84
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