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Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)
....ismissed with the conviction and sentence altered as above. Communicate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ...... Present: Anwarul Huque Choudhury J Amar Kumar Nag @ Ratu Nag..................Appellant Vs. The State…………………… Respondent Judgment January 4, 1989. Case Referred to- PLD 1981 SC 127. Lawyers Involved: Shawkat Ali Khan with Gour Gopal Saha, Advocates ......t two of his teeth and dislocating few others in the process. 10. It was thus, caused by a single blow and the falling of the tooth was immediate. It is on record that the accused reacted on being called as thief, which would be the natural reaction of an ordinary but a gentleman if addressed a......ismissed with the conviction and sentence altered as above. Communicate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ..Category: Criminal Law | Date: | Hits: 35
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....td., owner of the Vessel, addressed to the local agent of the supplier it learnt that the propeller shaft of defendant No. 1 vessel M.V. CORINA sustained severe damage resulting failure of propelling power for which it might not be possible for her to reach the port of destination without salvage/to......udur Rahman J Trading Corporation of Bangladesh.....Plaintiff Vs. MV Corina & others.....................Defendants/Opposite Parties Judgment December 14, 1988. Cases Referred to- Albert David Vs. M/s. Nedlleyd Lignen, 38 DLR 30; Al-Sayer Navigation Co. Vs. Delta Internat....... CORINA and also stated that unless the ship is arrested it will have no remedy the ship going out of tidal water of Bangladesh. 4. Upon hearing the petition on 17.11.88 opposite parties were called upon to show cause as to why the ship M.V.CORINA defendant No. 1 should not be arrested and d......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
.... exist, or it may be, shown to the Magistrate not only by the party required to attend, but by any other person interested that no such dispute as aforesaid exists or has existed. The exercise of power under sub-section (5) is not dependant upon the result of inquiry under subsection (4). Sub-...... Nurul Huque Bhuiyan J Moslemuddin Dhali & others ..............Petitioners Vs. Helaluddin Dhali & others ..............Respondents Judgment December 8, 1988. Cases Referred to- Malik Manzoor Elahi Vs. Lala Bishambar Dass and another, 16 DLR (SC) 246; Mahmudul Haq Vs. G...... Moinul Huq, Advocate—For the Opposite Parties. Criminal Revision No. 229 of 1987. Judgment Mustafa Kamal J.- This Rule obtained under section 561A of the Code of Criminal Procedure calls upon the Deputy Commissioner, Dhaka and the opposite parties to show cause as to why the order......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ..Category: Criminal Law | Date: | Hits: 32
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....he "Chairman" of the Union Parishad in question. Mr. Hoq also submits that under the Union Parishad Ordinance the "Acting Chairman" and the elected "Chairman" are not identical and their functions, powers, rights, duties and privileges are also not identical. The term "Chairman" as has been used u......Respondents Judgment November 22, 1988. Lawyers Involved: Serajul Hoque, with Amir Hossain and Abdul Matin Khasru, Advocates—For the Petitioner. Abdul Wadud Bhuiyan, the Additional Attorney General with Abdul Kader Chowdhury—For the Respondent Nos. 5-15. AFM Shahid, Deputy At...... 1988 and Writ Petition No. 7 of 1987 (Dhaka) Judgment Mohammad Abdur Rouf J. - The petitioner as elected Chairman of Chandina Upazila Parishad, Comilla, obtained this Rule Nisi on 5.1.87 calling in question the order of his removal from Chairmanship of the said Parishad by the Governm......n question the order of his removal from Chairmanship of the said Parishad by the Government on 28.12.86, contained in Annexure "H" to the petition, by virtue of a resolution adopted in a Special meeting held for the purpose on 7.12.86, in pursuance of a requisition given on 1.9.88 there for by ..Category: Election Law | Date: | Hits: 92
....titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103.......n Society...................... Petitioners
Vs.
Md. Maftabuddin Chowdhury..................................................... Opposite Party
Judgment
December 13, 1988.
Cases Referred to-
Ramjan Ali Mistry Vs. Md. Hadeyetullah, 31 DLR (AD) 183; M/s. Abdul Hoque vs. Zakir Hossain,......ucted in as a tenant under a written agreement; that the tenancy was to continue from 13th March, 1981 to 14th March, 1982. It is in the agreement that after 14th March, 1982 the lease will automatically terminate unless fresh agreement is made before that date with the agreement of both the par...... the expiry of the lease the plaintiff opposite party informed the defendant petitioner that they should vacate the premises. It is also not disputed that thereafter the parties sat in a compromise meeting at the house of Dr. Nurul Islam, and it was decided there that the defendant organisation ..
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....provides for holding local investigation on specified grounds when the court finds a local investigation necessary and proper for the purpose of elucidating any matter in dispute but the court has no power to delegate to the authority to the commissioner for ascertaining facts which are required to ......Civil Revisional Jurisdiction) Present: Md. Mamtaz Uddin Ahmed Md. Mokbul Hossain………………………Pre-emptee-Appellant Petitioner Vs. Md. Umar Ali and others……….Pre-emptor Respondent-Opposite Parties Judgment November 5, 2009. Cases Referred To- Abdul Mazi...... Shasti Sarker with Ellius Ahmed, Advocate-For the Opposite Parties. Civil Revision No. 5431 of 2007. Judgment Md. Mamtaz Uddin Ahmed. - The Rule was issued at the instance of the pre-emptee calling upon the opposite party No.1 to show cause as to why the judgment and order complained of in......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ..Category: Property Law | Date: | Hits: 36
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
.... Ashraf Ali Khan, the father of the petitioner acted as guardian of minor Fazlul Karim who at his own will surrendered his guardianship by appointing one Moulavi Ahmed Sobhan by executing general power of Attorney (Ext-C) and Fazal Karim on attaining his majority recorded his name on the suit pr......n J Surendra Kumar Sinha J Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate, represented by its Mutwalli Hajee Afazullah Khan……………………..Petitioner Vs. Most. Ayesha Khatoon being dead her heirs Farukh Ahmed and others…….....Respondents Judgment May 9, 2010. ......und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ......und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ..Category: Trust/Waqf Law | Date: | Hits: 194
Nurul Hoque Vs. Aminur Rahman Chowdhury and others, 2009, 38 CLC (AD)
.... decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 909. ......n-Record-For the Petitioners. Abul Kalam Mainuddin, Advocate Instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1 Not represented-Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 2309 of 2009. (From the judgment and order dated 11.11.2009 passed by the High Cour...... decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 909. ...... 2. Relevant facts are that the petitioner was elected as the Chairman of Kalipur Union Parishad under Banshkhali Upazilla within District-Chittagong. The election was held on 08.2.2003 and the first meeting of the elected body was held on 17.3.2003. In course of discharging function as Chairman, ..Category: Election Law | Date: | Hits: 96
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......ners. Mahbubey Alam, Advocate—For the Respondent Contemners. Contempt Petition No. 83 of 2001. Judgment Syed Amirul Islam J.- This Rule was issued calling upon the respondent contemners to show cause as to why they should not be committed for contempt of court for non-complying with th......H Ruhullah, Advocates—For the Petitioners. Mahbubey Alam, Advocate—For the Respondent Contemners. Contempt Petition No. 83 of 2001. Judgment Syed Amirul Islam J.- This Rule was issued calling upon the respondent contemners to show cause as to why they should not be committed for cont......the pendency of the aforesaid writ petition and after obtaining stay from the Appellate Division in chamber on 30-7-2001 the contemner respondents published the final result on 6-8-2001 and the first meeting of the executive committee was held on 9-8-2001. The allegation of the petitioner is that af..Category: Civil Law | Date: | Hits: 70
Syed Mahmudur Rahman alias Rumi Vs. State, 2009, 38 CLC (AD)
.... on record dismissed the appeal and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 888.......er 10, 2009. Lawyers Involved: M. A. Samad Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 325 of 2009. (From the judgment and order dated 30.6.2009 passed by the High Court ...... for extortion. We are of the view that the judgment of the High Court Division on consideration of the evidence and other materials on record dismissed the appeal and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is al...... on record dismissed the appeal and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 888...Category: Criminal Law | Date: | Hits: 31
....reparation of paper books is dispensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 857.
...... is also Reported in: VII ADC (2010) 857.
......antamount to refusal. The learned Advocate further submitted that the gas supply is available in the area where the respondent No.1 wants to set up his CNG lulling Station even though it was specifically denied by the petitioners because of existing demand and supply situation and lack of proper...... Gas Systems Limited to transfer the 'Letter of Consent' issued in favour of the respondent No.1 though it was categorically stated by the petitioners that approval to supply gas was conditional to meeting 6(six) specific requirements imposed upon the said Messers. Fair Fuel and CNG Station which ..
Category: Others | Date: | Hits: 82
.... Zafar Imam, AAG appeared and disclosed that they had not yet received any instruction from the respondent. The cases were however heard in part. After few days, on 12-6-08 Mr. Md. Zafar Imam filed a power on behalf of the respondent but did not file any affidavit-in-opposition as required since the......
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh................. Respondent
Judgment
July 17, 2008
Cases Referred to-
Khandaker Mostaque Ahmed vs. Bangladesh 34 DLR (AD) 222; Anwar Hossain Chowdhury vs. Banglade...... with Manjurul Alam, Assistant Attorney-General—For the Respondent.
Writ Petition Nos. 1543, 2975 and 3217 of 2003.
Judgment
Md. Abdur Rashid J.- The above Rules Nisi were on 4-5-03 issued calling upon the respondent, Bangladesh to show cause why non-appointment often Additional Judges in......n on Terrorism held in Colombo, Sri Lanka in 1988 as a member of the Bangladesh Government delegation. He also attended a seminar on the Access to Justice at Warwick, United Kingdom in 1999, attended meeting of the World Bank, Washington in 2000 in connection with the Judicial Capacity Building Proj..
Category: Constitutional Law | Date: | Hits: 252
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
..... He did so, presumably, to enable the pre-emptor to cure the defect of parties and proceed with a properly constituted suit. It has, therefore, given rise to an important legal question touching the powers and functions of an appellate Court. The question is, when an appeal has been properly brough......or the Petitioner. Opposite Party No. 1—Appeared in person and represented himself. Civil Revision No. 4354 of 2001. Judgment AKM Shafiuddin J. - The dispute between the parties relates to a piece of land measuring 0.02¾ acres. It will be referred to, hereinafter, as the case land. It...... to when the pre-emptor petitioner had known of the transfer of the case land to the pre-emnptee. Madinullah, the pre-emptee, examined himself and another in support of his case. Both of them categorically stated that the pre-emptor had known of the transfer of the case land to the pre-emptee immedi......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507...Category: Property Law | Date: | Hits: 37
.... upon any person and withdrawal of such an admission is not likely to prejudice anybody."
25. After reading the above authorities, we read the provisions of Order VI rule 17 of Code. The rule 17 empowers the Court at any stage of the proceedings to allow either party to alter or amend his pleadin...... Division
(Civil Revisional Jurisdiction)bes
Present:
Md. Abdur Rashid J
Syed Mahmud Hossain J
Bangladesh Shipping Lines Ltd………………..Petitioner
Vs.
Commissioner of Customs, Chittagong and others.............Opposite Parties
Judgment
July 21, 2002.
Cases Ref......gality, nor such decision has resulted in failure of justice.
31. In the result, the Rule is discharged without, however, any order as to costs. Order of stay granted on 13‑11‑2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance wit......2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
..
Category: Procedural Law | Date: | Hits: 60
Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
.... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502.......ons Judge Perojpur on Sessions Case No. 21 of 1986 convicting the appellants under sections 304/34 of the Penal Code and sentencing each of the suffer rigorous imprisonment (RI) for 5(five) years and to pay a fine of Taka 300 in default to suffer simple imprisonment (SI) for 15 days more 2. Prose......e does not remember whether he told to daroga that Shaymol’s mother told him that the cowherd of the buffaloes beat Shaymol. 14. PW 5 Yakub Ali a quack doctor has stated in his chief that he was called for treatment of Shaymol on Saturday but he did not give any medicine to him as he could not ...... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502...Category: Criminal Law | Date: | Hits: 30
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
...., as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......ed J Aumullaya Chandra Haldar…………………….. Petitioner Vs. Md. Mohsin Ali Mandal & others ………………Opposite Parties Judgment March 6, 2002. Case Referred to- Akhlasur Rahman and others vs. Serazuddin and others, 42 DLR (AD) 189. Lawyers Involved: ......ght of purchases. Thus I find that the learned appellate Court had made the reported case applicable properly and the concurrent findings of fact arrived at by the Courts below in this respect do not call for interference under the revisional jurisdiction. 12. For the reasons stated above I do n......, as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ..Category: Procedural Law | Date: | Hits: 75
Syed Ahmed Chowdhury Vs. Abdur Rashid Mridha, 2002, 31 CLC (HCD)
.... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ......alat and 15 ors…….. Opposite Parties Judgment April 24, 2002. Lawyers Involved: Md. Mostafa Advocate—For the Petitioner. Syed Ziaul Karim, Advocate—For Opposite Parties No.1 to 4. Criminal Revision No. 1002 of 1997. Judgment Amirul Kabir Chowdhury J. - At the insta......arim, Advocate—For Opposite Parties No.1 to 4. Criminal Revision No. 1002 of 1997. Judgment Amirul Kabir Chowdhury J. - At the instance of witness Syed Ahmed Chowdhury this Rule was issued calling upon the opposite party Nos. 1 to 4 to show cause as to why the order dated 29-7-97 passed b...... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ..Category: Criminal Law | Date: | Hits: 29
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
....e Government and in no way the satisfaction of the Bureau of Anti-Corruption. 6. Mr. ABM Waliur Rahman Khan, the learned Assistant Attorney-General has, on the other hand, submitted that since the power has been delegated by notification to the Bureau of Anti- Corruption as envisaged in section 9......Munsurul Hoque Chowdhury J Saidur Rahman……………………Appellant Vs. State…….. Respondent Judgment December 11, 2001. Cases Referred To- Tarique Rahman vs. Director General Bureau of Anti-Corruption, Government of Bangladesh and others 52 DLR 518; Mustafizur Ra......26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ..Category: Criminal Law | Date: | Hits: 83
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....l disposal of an application for temporary injunction pending in a separate proceeding before another Court in the absence of the decree holder. This Division is therefore entitled to invoke inherent power to undo the wrong, which has seriously prejudiced the decree holder for no fault of his. In su......Mahbubur Rahman (as defendant No.1) and 118 others for partition of 1.45 acre of land including the laid covered by the previous suit claiming a share of 19 gondas and odds as described in schedule-B to the plaint. The claimed to be in possession of the very same land by way of purchase from defenda......Petitioners. Civil Order No. 5742 of 2001. Judgment Md. Abdur Rashid J. - This application at the instance of the decree holder is made under section 151 of the Code of Civil Procedure for recalling and/or vacating the direction given vide order dated 22-10-2001 by this Division in above Ci......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ..Category: Civil Law | Date: | Hits: 125
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
....vided for in section 5 of the Ordinance. Family Courts have got exclusive jurisdiction in such matters. It is true, under section 17(7) of the Ordinance a Subordinate Judge can exercise the appellate power in such family matters only after an appeal is transferred to him by the District Judge for di......ch 23, 2002. Cases Referred To- Bashirrullah Munshi vs. Abdul Bari Bepari, 21 DLR (Dhaka) 183; Arifa Begum vs. Khalique Mohammad Naqvi, 21 DLR (WP) 209 and Golam Akhtar Chowdhury vs. Administrator of Waqf and others, 36 DLR 56. Lawyers Involved: Md. Shofiqul Islam, Advocate—For the P......ch has not resulted in any failure of justice. 9. In the result, the Rule is discharged however without any order as to costs. The order of stay as granted at the time of issue of Rule is hereby recalled and vacated. The learned Assistant Additional Judge is directed to proceed expeditiously with......ted. The learned Assistant Additional Judge is directed to proceed expeditiously with the family suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 481...Category: Family Law | Date: | Hits: 185
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