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Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ......proceeding under section 145 CrPC on behalf of the plaintiff who was, accordingly, not bound by the order made in the proceedings under section 145 CrPC started by her husband and Article 47 has no application. But it is contended on behalf of the appellant that the plaintiffs are brothers and c..Category: Property Law | Date: | Hits: 69
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
....ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ......ed 8 witnesses. No witness was examined on behalf of the defence. The learned trying Magistrate convicted and sentenced the accused petitioners as aforesaid. The learned Sessions Judge rejected the application of the petitioners to make a reference to this court. Thereafter the petit..Category: Criminal Law | Date: | Hits: 66
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......e has misconceived the ruling reported in the said decision. The said decision is an authority of point that if a debtor needs to avail of the remedy provided in section 26G of the Act he can file an application within 3 years of the extinguishment of the usufructuary mortgage. The learned Subordina..Category: Property Law | Date: | Hits: 82
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......buddin Ahmed—For the Petitioner. Anwarul Hoque Choudhury—For the Respondents. Petition No. 428 of 1967. Judgment: Siddiky CJ: This is an application under Article 98 of the late Constitution of Pakistan by one Shuk Deb on behalf of Sree..Category: Property Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ......the matter in issue as to whether a person is a tenure holder or raiyat could be determined with reference to the provisions of section 5 sub-section (1) and sub-sections 2, 3 and 4 The question of application of the provision of sub-section (5) according to the learned Advocate, being residuary ..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....cer was fair enough to draw our attention to the decision reported in 22 DLR at page 289 of a Division Bench of this Court in the case of the State vs Purna Chandra Mondal, which was sent back for fresh trial on account of last moment appointment of a defence lawyer for an undefended accused in......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......to prove ownership in the suit land and in such a case they are not entitled to get the declaration in regard to their possession in the suit property. It is obvious, therefore, that this case has no application-in the facts and circumstances of the present controversy. 13. In our opinion, theref..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....e by its own provision After the dismissal of the appeal when this information was communicated to the petitioner the petitioner took steps in the matter and approached the respondent No. 2 with a fresh prayer for according registration to his document. In the meantime, the Ordinance 1 of 1964 h......the High Court has every power under Article 98 to review such a decision". 14. In that case the Guardian judge as well as the Appellate Court of the District Judge disposed of an application under section 25 of the Guardians and Wards Act without noticing a set of new allegatio..Category: Property Law | Date: | Hits: 73
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ...... Siddiky CJ Kemaluddin Hossain J Pak Waterways..........................Petitioner Vs. EPIWTA and others.................Respondents Judgment March 2, 1970. Result: This application fails. Lawyers Involved: Kh. Mahbubuddin Ahmed with Pathan Shafiqur Rahman—For..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ...... respondent No. 3-Deputy Governor thereof revoking the notification dated 28-5-95 granting the directors nominated by banks, insurance companies and other financial institutions exemption from the application of Section 25(3). 7. The petitioners then challenged the notification dated 23..Category: Business or Commercial Law | Date: | Hits: 106
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......titioners and several adjournments were taken for filing written statement but they did not file the same. The suit was ultimately decreed ex parte on 30-3-1987. 2. The defendants filed an application under Order IX rule 13 of the Code of Civil Procedure. Misc. Case No. 104 of 1987, for..Category: Civil Law | Date: | Hits: 115
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....nent that the provisions of Order 22, rule 9 (2) (3) of the Code should be liberally construed. The reasons for such approach are not far to seek. In the first place, abatement of a Suit precludes fresh suit on the same cause of action, although there is no trial on merit of the case. An order o......ondent Judgment March 11, 1999. The Limitation Act, 1908 (IX of 1908), Section 5 (i) An abatement can be set aside at any time even beyond the period prescribed for making an application in that behalf if sufficient cause is shown explaining the delay……..(8) ..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......n passed by the Special Tribunal, the police submitted charge sheet dated 10-2-98 against four accused persons including Abdus Salam under the aforesaid provisions of the Am -of 1985. On 29- 4-98, an application for bail of the victim girl was filed before the Special Tribunal which was rejected whe..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....t upon him when he committed the offence at a relatively beginner stage of his career. 10. This is not to say that such kinds of conduct are to be condoned because of age, inexperience and fresh entry into service. This case should serve as a reminder to all concerned that the Court wil......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ..Category: Criminal Law | Date: | Hits: 75
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ...... the said Returning Officer ultimately on 8-8-93 produced 3(three) un-sealed gunny bags containing election materials. (vi) In the mean time the present respondent No.1 filed a sworn application before the Election Tribunal making positive allegations of post election tampering of..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....those of Order VII, rule 11. When the reliefs claimed fall within the clear mischief of Article 34(5) (a)(i) & (ii) it will be an idle formality to ask the defendant- appellant to file petitions afresh under Article 34(5) praying for not entertaining the suits…….(13 & 14) Cases Refer......rties to plaintiff. (d) A decree be passed for the cost of suit against defendants. (e) Any other relief or reliefs to which the plaintiff is entitled.” 3. The defendant-appellant filed applications under Order VII rule 11 of the Code of Civil Procedure for rejecting the plaints on the..Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ...... No. 5622 of 1996). Judgment ATM Afzal CJ.- This appeal by leave arises out of a judgment and order dated 1st December, 1996 passed by a Division Bench of the High Court Division rejecting an application for quashing of the proceeding of CR Case No. 227 of 1996 pending against the accused-ap..Category: Business or Commercial Law | Date: | Hits: 145
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....entenced under section 471 of the Penal Code…..(7) (ii) The accused-petitioner’s conduct is certainly a criminal misconduct because receipt of money from Nurun Nahar and consequent making of a fresh recall order “without approval of the concerned magistrate” as a public servant have been ......bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ..Category: Anti-Corruption Laws | Date: | Hits: 73
Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)
....efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ...... Section 25 High Court Division rightly held that the petitioner (a retrenched gate-keeper of a Cinema hall) being not a worker as defined under the Industrial Relations Ordinance, 1969 her application does not lie before the Labour Court under section 34 of the said Ordinance and the sam..Category: Labour and Industrial Law | Date: | Hits: 94
Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)
....cials. 3. The petitioner alone contested the case. 4. The Election Tribunal, by a judgment and order dated 19 May, 1997, allowed the election petition in part with a direction for fresh poll in one of the 93 centres namely, Garghata Government Primary School Centre. 5. T......red to as the Order. 6. The first respondent also filed another appeal, being First Miscellaneous Appeal No. 1144 of 1997. In order to have an expeditious hearing of his appeal he made an application under Order 41, rule 14(3) of the Code of Civil Procedure for dispensing with the servi..Category: Election Law | Date: | Hits: 117
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