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Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
.... imprisonment or whipping only by a Magistrate, the entire trial of the accused appellant beginning from taking of cognizance upto the passing of the order of conviction and sentence was vitiated for complete lack of jurisdiction. 4. The learned Advocate further submitted that the trial of both t......oint of law raised on behalf of the appellant. 2. The appellant along with 3 others was tried by the Special Tribunal upon taking cognizance of offences under section 25B of the Special Powers Act and also under section 156(1)(8) of the Customs Act and upon framing accusation against them under t......uled offences together was also illegal. 5. Section 156(1)(8) of the Customs Act provides a penalty of confiscation of the smuggled goods and penalty upto the limit of 10 times of the value of the property to be imposed by the Customs authority for the offence of smuggling into or out of Banglade......Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614...Category: Criminal Law | Date: | Hits: 52
....atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
......esent:
Habibur Rahman Khan J
Abdus Samad Azad, MP & others...............................................................Petitioners
Vs.
Bangladesh, through Secretary, Ministry of Law and Justice and others..........Respondents.
Judgment
October 7, 1991.
Lawyers Involved:
......ut making any reference and comment as to the merit of the writ application and considering only the prima facie case and the balance of convenience and inconvenience, at this stage I do not consider proper to pass ad‑interim order staying the election of the President of Bangladesh scheduled to b......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
..
Category: Constitutional Law | Date: | Hits: 229
Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)
.... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601.......to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601.......While they were owning the same Govinda Charan Naha sold his half share to the plaintiffs by registered kabala dated 15.5.43. Prosanna Kumar Naha also settled his share to the plaintiffs on receiving proper salami in January, 1944. The petitioners thus owned and possessed the entire property in Khas......s that the impugned order is liable to be set aside as it does not give any reason for rejecting the application for amendment. He further submits that the amendment was just and necessary for proper adjudication of the title, and the Court below committed an error of law in the decision occasioning..Category: Property Law | Date: | Hits: 92
Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
....rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599.......€‘ For the Opposite Party. Civil Revision No. 11 of 1989. Judgment Kazi Ebadul Hoque J. - This Rule was issued at the instance of the defendant‑petitioner Abdur Rahman against the judgment and order dated 28.4.1988 passed in the Family Court Appeal No. 26 of 1987 by the Subordinate Judge ......the plaint. 6. Under section 6(2)(a) of the Family Courts Ordinance, 1985 if the Family Court has no jurisdiction to entertain the suit, the plaint shall be returned for presenting the same to the proper Court. In this case there was no objection that Family Court has no jurisdiction to entertain......rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599...Category: Civil Law | Date: | Hits: 106
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ...... High Court Division (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Afsar (Md.).................................................Petitioner Vs. Moulvibazar Pourashava and others...............Opposite Party. Judgment December 3, 1990. Case Referred to- ......en objection against the prayer for temporary injunction and hence the order of ad-interim injunction was made absolute on 7.5.73. Subsequently on the prayer of the plaintiff the schedule of the suit property was amended and SAS plot No. 1638 was incorporated therein by an order of the Court dated 2......this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ..Category: Trust/Waqf Law | Date: | Hits: 181
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
.... defence case has not been properly considered and there has been misreading and also misappreciation of the evidence on record by the learned Additional Sessions Judge and as a result there has been complete failure of justice. Lastly, it has been contended by the learned Advocates for the appellan...... This Case is also Reported in: 43 DLR (1991) 573. ......that their conviction has been based on inadmissible evidence, in as much as the post‑mortem report in this case has not been put into evidence in accordance with law and further there has not been proper and correct recognition of the accused‑appellants. The next submission on behalf of the app......are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ..Category: Criminal Law | Date: | Hits: 82
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ......sion (Civil Appellate Jurisdiction) Present: Muhammad Ansar Ali J Bangladesh...............................................................Appellant Vs. Dewan Obaidur Reza Chowdhury and Others.................Respondents. Judgment November 29, 1990. Cases Referred to- ......as not identifiable and no effective decree could be passed in such a case. Mr. SK Sinha, the learned Advocate for the respondent on the other hand contends that the question of vagueness of the suit property was neither raised in the pleading i.e. written statement filed by the defendant No. 2 nor ......ther any prayer for confirmation of his possession nor recovery of possession of the suit land. From that point of view also it appears that the point of alleged vagueness was not so material for the adjudication of the present suit. So, I find no substance in the contention of the learned Advocate ..Category: Property Law | Date: | Hits: 101
Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
....e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ......nal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Hosne Ara Begum.........................................Petitioner Vs. Alhaj Md. Rezaul Karim and others ................Opposite Party. Judgment August 13, 1990. Cases Referred to- ......nd that the plaintiff was not entitled to recover other claims as the same were beyond the jurisdiction of the Family Court. 7. The Court of appeal below without considering the pleadings in their proper perspective and without discussing and considering the evidences on record and without settin......e jurisdiction of the High Court. A Court may also be subordinate of the High Court even qua matters which are not subject to the High Court's appellate power if those matters have been entrusted for adjudication to an admittedly subordinate Court as a Court and not to the presiding officer of such ..Category: Family Law | Date: | Hits: 210
....e under Article 5 of P.O. 19 of 1973 by concurrent and honest user of the same for such a long time of about 3 decades along with Ujala Match Factory, I am of the view that this Court, in order to do complete, adequate and substantial justice, should exercise its inherent discretionary jurisdiction ......o costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 532.
......Factory at Shyampur, Dhaka and Sattar Match Works at Lama, Chittagong Hill Tract as well as the Pakistan Manufacturers and Industries Limited were taken over and vested in the Government as abandoned property under the Presidential Order No. 16 of 1972. After taking over the management of the afores......ith Sattar Match Works.
With the above direction and observation this application is disposed of but there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 532.
..
Category: Intellectual Property Law | Date: | Hits: 264
Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
....mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ...... (1991) 523. ......which the whole election was liable to be set aside. As a result he arrived at the following conclusion- "I have found that the whole election is liable to be set aside, but still I do not find it proper to declare the petitioner appellant as elected Chairman of the said Union Parishad because th......mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ..Category: Election Law | Date: | Hits: 139
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519....... Ed. This Case is also Reported in: 43 DLR (1991) 519.......ourt of Session being aggrieved by the order of discharge passed by the learned Magistrate consequent on submission of the final report by the police in respect of the accused petitioners. Of course, proper course for the informant was to file a Naraji petition before the learned Magistrate against ......ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519...Category: Criminal Law | Date: | Hits: 67
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
.... a network through which there is no escape for the accused because facts taken as a whole do not admit any inference but only various links in the chain of evidence to be clearly established but the completed chain should be such as to rule out a reasonable likelihood of innocence of the accused. I......ia @ Shahajahan ............................Appellant Vs. The State......................................................Respondent. Judgment March 6, 1990. Case Referred to- Waris and others Vs. The State, 1982 Pak. Crl. Law Journal 720. Lawyers Involved: Md. Moazzem Hossai......s read over to them who pleaded not guilty and claimed to be tried. Prosecution examined as many as 19 witnesses but defence examined none. 5. Defence version in short is that in order to grab the property of his brother Haji Mahibur Rahman, PW 1 Taiub Ali Chowdhury hired a murderer and murdered ......side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512...Category: Criminal Law | Date: | Hits: 93
Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)
....he Writ Jurisdiction, with the impugned punishment given by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507................Petitioners (In Writ Petition No. 793 of 1990) 2. Md. Abdul Raquib & others....................................Petitioners (In Writ Petition No. 794 of 1990) 3. Md. Nuruzzaman Khan and 7 others.......................Petitioners (In Writ Petition No. 801 of 1990) Vs. The Synd......liedly showed that they had passed the examination. Thus, the petitioners due to such publication of results acquired a vested right and before cancellation of the result they were required to give a proper opportunity of being heard in support of their defence they had taken in reply to their show ......he Writ Jurisdiction, with the impugned punishment given by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507...Category: Others | Date: | Hits: 112
Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)
....950 is barred by limitation committed serious error of law in that the case was filed within 4 months from the date of registration under section 60 of the Registration Act on 17.11.84. A transfer is complete on entry in the volume under section 60 and unless that is done there is no transfer as con......eme Court High Court Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Abdul Majid.....................................................Petitioner Vs. Akhil Chandra Sengupta and others....................Opposite Parties. Judgment January 28, 1991. L......s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ......s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ..Category: Property Law | Date: | Hits: 97
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....the particular acts of the detenu on which the inference against the detenu is based as is reasonably possible under the circumstances. The Government surely does not in any" way suffer if it gives a complete statement of facts to the detenu and the cause of justice is advanced by a full disclosure.......ndu Bikash Roy Chowdhury J Naimuddin Ahmed J Farzana Huq.........................................Petitioner Vs. Bangladesh represented by the Assistant Secretary, Ministry of Home Affairs and others.....Respondents. Judgment April 3, 1990. Cases Referred to- Golam Hossain al......nder the Safety Act and why the detenu should be informed of all the evidence and the circumstances on which the charge against him is based. It may be that some circumstances are such that it is not proper in the public interest to disclose them. There is a provision in law with respect to it and t......t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501...Category: Constitutional Law | Date: | Hits: 287
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492.......peditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492.......ge, Rangpur in Title Appeal No. 54 of 1966 reversing those dated 9.2.66 passed by the learned Munsif, 1st Court, Rangpur. 2. Plaintiffs case, in short, is that the land hereinafter called the suit property covered by Khatian No. 14 (Ext. 2) of Mouza Marichbari within PS Mithapukur originally belo......e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492...Category: Property Law | Date: | Hits: 71
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ......rted in: 43 DLR (1991) 483. ......event the affairs of any banking company being conducted in a manner detrimental to the interests of the depositors or in a manner prejudicial to the interests of the banking company or to secure the proper management of any banking company generally". The language of the provision clearly suggests ......nnexure "E" to the petition not to allow any capital finance/ working capital finance to the petitioner‑company although the dispute between the petitioner‑company and respondent No. 2 is pending adjudication Wore a Court of law. 12. An argument was sought to be made on behalf of respondent N..Category: Company Law | Date: | Hits: 213
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....tion for quashment of the Criminal Proceeding pending against him on 17.11.87 stating, inter alia: (i) That the FIR was lodged on 15.6.85 but the District Anti‑Corruption Bureau though failed to complete the investigation within 60 days did not obtain any permission from the Court under section...... Vs. The State......................... Opposite-Party Judgment December 11, 1991. Cases Referred To- Md. Safiruddin alias Safiruddin Vs. State, 1981 BLD 150; State Vs. Azizur Rahman and another, 1937 CrLJ 225 (Karachi). Lawyers Involved: M Nurullah with AKM Safiullah, Shah Mi......on Act, 1957 which provides that any officer of the Bureau not below the rank of Inspector may arrest without warrant any person when there is reason to believe that such person owns or possesses any property, movable or immovable, either in his own name or in the name of any other person on his beh......uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ..Category: Criminal Law | Date: | Hits: 104
Aminuzzaman (Md.) Vs. People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....rea, PS Danmondi, Dhaka, now being detained in Dhaka Central Jail at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 242. ...... Karim J Aminuzzaman (Md.)………………………….Petitioner Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others…………………………Respondents Judgment March 31, 1993. Lawyers Involv......Police Station Case No. 87(1)93 under sections and 9 of Official Secrets Act, 1923 has been stated against the detenu. 9. It is now an established that the allegations out of which started are not proper grounds for detention. 10. In the said ground No.1 it is also that the activities of the d......rea, PS Danmondi, Dhaka, now being detained in Dhaka Central Jail at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 242. ..Category: Criminal Law | Date: | Hits: 85
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ......ase is also Reported in: 45 DLR (HCD) (1993) 237. ......d recorded their names fraudulently in the SA Khatian". It is also stated in the affidavit‑inÂ-opposition that "all attempts made by the District Authority to evict the petitioners from Government properties were met with failure because of false claims made by the petitioners in different courts......without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ..Category: Property Law | Date: | Hits: 138
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