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Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....o the custody of the Government to satisfy its prior lien or charge. It was observed that though the judgment debtor had no dominion over the security money he had the full right of ownership and power of disposal in respect of the sum of money that might be left after discharging his liabilit...... The Contract Act, 1872 (IX of 1872), section 170 The Code of Civil Procedure, 1908 (V of 1908), Order 38, rule 5 From the facts and circumstances of the case I have got no hesitation to hold that the plaintiff knew about the defendant's transaction with the Bank and that the vessel ...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....l bond could be executed on that date and so he was taken back to the custody and immediately thereafter the detention order was served. The sequence of events show that it was colourable exercise of power and mala fide on the part of the respondent. 10. The learned Additional Attorney-General ...... Parvin Banu...........................Appellant Vs. Government of Bangladesh and others.........Respondents Judgment March 20, 1988. Result: The detention is held to be illegal. The Constitution of Bangladesh, 1972, Article 102 Materials were available ......he submission that the rule could not be discharged without deciding the case of detention on merit, even after revocation of the original order of detention which was substituted by the so-called fresh order resulting in the effect in continuing the detention without any break which was t......is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......oner Vs. Sonali Bank of Bangladesh & another………….Respondents Judgment November 19, 1986. Result: The application is summarily rejected. Case Referred to- Satish Vs. Apara, 34 Cal 403 (F.B), Bejoy Vs. Satish, 9 I.C. 842, Sikandar Vs. Kushal, 59 C......acted illegally in allowing the Miscellaneous case under Order 9, rule 9 C.P.C. without any finding that the plaintiff was prevented by sufficient cause for his non-appearance when the suit was called on for hearing. 6. He also submits that the order of dismissal was not under Order 9, ......der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
.... of Emergency under clause (1) of Article 30 of the Constitution of Pakistan 1962 and on that very day he promulgated the Defence of Pakistan Ordinance (Ordinance No.XXIII of 1965) in exercise of the power under clause (4) of Article 30 read with clause (2) of Article 131 of the said Constitution to......
Present:
Bimalendu Bikash Roy Chowdhury J
Subitri Bari………………………………Petitioner
Vs.
Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others…&......Government. On 27th November, 1976 this Act was replaced by the Vested and Non-Resident Property (Administration) Repeal Ordinance, 1976 (Ordinance No.XCII of 1976). Under another Ordinance called the Enemy Property (Continuance of Emergency Provisions)(Repeal)(Amendment) Ordinance 19......evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....arned Judges of the High Court Division, we find on the authority of the two decisions cited by the learned counsel for the appellants that the Government in this particular case did not get any power under the lease deed to enter into the premise and demolish the construction made by the lesse......ip;……………………………Respondents Judgment April 23, 1986. Result: The Rule is discharged. Cases Referred to- Hasna Mansur & others Vs. Secretary, Ministry of Public and Urban Development and ...... the first respondent made a bid and on his failure to pay the bid money, the action of the forfeiture of earnest money was taken. As regards the other action no leave has been granted and we are not called upon to enter into that question. But the question whether forfeiture, made in terms of the c......eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....ellant it was submitted that the Government issued a notification on 18th November, 1972 to the following affect:- "No.S-1/4R-1/72/532-18th November, 1972—In exercise of the power conferred by Article 6 of the Bangladesh Local Councils and Municipal Committees (Dissolution ......side and the accused respondent was acquitted. 2. The appellant Most Ayesha Sultana @ Minu made a complaint on 2.4.81 before the Sub-Divisional Magistrate Narayanganj saying that she was married to accused Shahjahan Ali according to Muslim Law on 31.5.74 when the dower was fixed at Tk. 25,000/-......efer an application for revision, in the case of West Pakistan to the Collector, in the case of East Pakistan, to the Sub-Divisional Officer concerned and his decision shall be final and shall not be called in question in any Court. (5) Any man who, contracts another marriage without the permis......ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....ioner submits that in the case of Nader Ali Sheikh Vs. The State, 1984 B.L.D. (AD) page 7 the Appellate Division has observed that in appropriate cases even after the Sessions Judge has exercised his power u/s. 439A Criminal Procedure Code the High Court Division may exercise the inherent jurisdicti.................Petitioner Vs. The State.........................................Opposite party Judgment January 30, 1986. Result: The Rule is discharged. Cases Referred to- Nader Ali Sheikh Vs. The State, 1984 BLD (AD) page 7; Ram Singh Vs. The Crown, AIR 1950 (Ea......riminal Revisional No. 26 of 1985. Judgment Fazle Hussain Mohammed Habibur Rahman J.- This Rule under section 561A Cr.P.C. was issued at the instance of accused petitioner Alhaj Mamtaz Meah calling upon the Deputy Commissioner, Chittagong to show cause why the proceedings in G.R. Case No.1......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....Tribunal itself is not a Civil Court within the meaning of section 3 of the Civil Courts Act 1987. Under Rule 48 of the Union Parishads (Election) Rules, 1983 the Election Tribunal shall have all the powers of a Civil Court trying a suit under the Code of Civil Procedure and shall be deemed to be a ..............Petitioner Vs. Abul Bashar Majumder & others...................Opposite-Parties Judgment January 7, 1986. Result: The Rule is discharged. Cases Referred to- Khulna Tobacco Industries Ltd Vs. Chairman, Labour Court, Khulna and another, 30 DLR 331; M...... default or on contest. Under Order 41, rule 19 C .P.C. the lis between the parties is whether the applicant was prevented by any sufficient cause from being present in Court when the appeal was called on for hearing. A separate miscellaneous case is usually started on that application and it i......he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....strict Chittagong from acting in a manner prejudicial to the public safety and maintenance of public order, it is necessary to make an order for his detention. Now, therefore, in exercise of the powers conferred upon me by the Government, I Md. Omar Farooq, District Magistrate, Chittagong .........Petitioner Vs. Secretary, Ministry of Home Affairs & others..........Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1; Begum Aga Sho...... Chowdhury— For the State. Criminal Miscellaneous Case No.2 of 1985. Judgment Fazle Hussain Mohammed Habibur Rahman J.– This rule under section 491 Cr.P.C. was issued calling upon the opposite parties (1) Secretary, Ministry of Home Affairs, Government of Bangla......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
....…............Respondent Judgment July 30, 1985 Result: The Rule is made absolute Competency of Sessions Judge to quash Criminal Proceeding- Sessions Judge has no power to quash a criminal proceeding pending before the Sub-Divisional Magistrate. If he was of......;……………………............Respondent Judgment July 30, 1985 Result: The Rule is made absolute Competency of Sessions Judge to quash Criminal Proceeding- Sessions Judge has no power to quash a criminal proceeding pendin...... the petitioner. Md. Ruhul Amin, Advocate-For the opposite parties. Criminal Revision No. 196 of 1983 Judgment Mustafa Kamal J. - This Rule obtained under section 561 A Cr.P.C. calls upon the Deputy Commissioner, Noakhali and the accused opposite parties to show cause why the ......h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1 ..Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
....Muhammad, the learned Advocate for the complainant petitioner in substance submits that this Court should set aside the impugned order of acquittal of the accused opposite parties exercising the power under section 561A of the Code of Criminal Procedure. Section 13(1) of the Village Courts Ordi......Vs. Abul Kashem Chowdhury and others………………Opposite-Party Judgment July 23, 1985. Result: The Rule is discharged. Cases Referred to- Bangladesh Vs. Shahjahan Seraj (1980), 32 DLR (AD) 1. Lawyers Involved Mustafa Ni......oiz— For the Opposite Party. Criminal Revision No. 24(Ctg,) of 1983. Judgment Fazle Hussain Mohammed Habibur Rahman J.— This Rule was issued under section 561A Cr.P.C. calling upon the Deputy Commissioner, Chittagong and accused respondent Nos.1 to 8 asking ......shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....1956, section 226 of 1925 Act was repealed. It is not disputed that by section 3 of the Administration of Justice Act, 1956 the jurisdiction of the Admiralty Court in England was enlarged empowering the High Court of Admiralty of England to arrest any ship of the defendant in an action bef......aintiff Vs. M/s. L.S. Line & others..........................................Defendants Judgment July 8, 1985. Result: The order is stayed. Cases Referred to- AIR 1937 Calcutta 122 (123); 20 DLR 25; 34 DLR (AD) 110 (paras 9-10); 2 All ER, 274 (277).&......on whether remedy in rem can be exercised against property unconnected with cause of action. Carver quoting the aforesaid decision in the case of Beldis says as follows:— "Historically the jurisdiction of the Admiralty Court was originally exercised by employing either of two me......t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)
.... C.P.C. The order was passed by the learned Munsif and there is no appeal provided for before the High Court Division under the C.P.C. against the said portion of the order. Therefore, in view of the power conferred by section 115 C.P.C. this Court is competent to exercise the power and rectify....................Petitioner Vs. Sudhir Kumar Chowdhury...........................Opposite-Party Judgment April 10, 1985. Result: The Rule is discharged. Cases Referred to- Ashwini Kumar Karmakar and others Vs. Hari Mohan and others, 36 DLR (AD) 1; 27 DLR 413. ......ile rejecting the application for amendment the Court allowed the plaintiff to depose in support of his new case which he wanted to introduce by way of amendment. Accordingly, the plaintiff on recall deposed on 12.9.83 and filed some licences obtained after the filing of the suit and some lette...... amendment of the plaint. Having regard to the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 39. ..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....ioners wants to read the proviso to section (3) of Section 9 to the effect that whereas the District Magistrate, Additional District Magistrate or any Magistrate, of the 1st class is specially empowered U/S 29C of the Code of Criminal Procedure to try any offence, all the Assistant Session..........Petitioners Vs. Mst. Razia Begum and another..........................Opposite-Parties Judgment December 4, 1984. Result: The Rule is discharged. Cases Referred to- Md. Mustafa Mondal Vs. State, 35 DLR 362; Nizir Ahmed and others Vs. Yunus and others, 36 D......nan came from Doha in July 1930 and arranged to get married to a young unmarried girl with the active help and connivance of all other accused persons. The complainant was mentally and physically tortured by the accused persons as she raised objection. The second marriage was fixed for sol......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....o, there is, no doubt that the District Judge is the Judge of the principal Civil Court of the District and as such he is a Court and not a persona designata. It therefore follows that he has all the powers and authority of a civil Court and he is guided by the Code of Civil Procedure unless his pow.............Petitioner Vs. Shaha Alam Mia and others............................Opposite-Party Judgment December 2, 1984. Result: This Rule is discharged. Cases Referred to- 29 DLR (SC) at page 304; Dilumuddin Madbar and others Vs. Province of East Pakistan and oth......bunal is not a Court and as such the District Judge who is the appellate authority under the provision of the Local Government (Union Parishad) Ordinance, 1983, (Ordinance No.XL of 1983) (hereinafter called the Union Parishad Ordinance) has no jurisdiction to grant the prayer for stay of the operati......gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....he contemner did everything to make his stay comfortable. 6. The contemner received from the Munsif-Magistrate an information on 27-11-83 that the Munsif-Magistrate was invested with first class power or 10-11-83. The Munsif-Magistrate came to the office-cum-residence of the contemner one ....... Result: The Rule in Criminal Misc. Case No.24 of 1984 is made absolute The Rule in Criminal Misc. Case No.41 of 1984 is discharged. Lawyers Involved: Sultan Ahmad, Deputy Attorney-General with Quazi Akhter Hossain Assistant Attorney-General Md. Anser Ali and Md. Altafur Ra......suance of the first contempt Rule. The second contempt Rule has been numbered as Criminal Misc. Case No.41 of 1984. 4. A number of affidavits has since been accumulated. Chronologically these may be described as follows:— 1. An affidavit by the contemner sworn and file...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
....ommissioner and revision to the Government and as such the validity of any act done under the said Act cannot be challenged in a suit except as prescribed under the appellate and revisional power, but a suit will lie when the impugned order is passed outside the purview of the said Act or ...... Latifur Rahman J Dy. Secretary, Ministry of Commerce...................Petitioner Vs. Nizamuddin Haider...........................................Respondent Judgment October 31, 1984. Result: The Rule is discharged. Cases Referred to- The Secretary...... of jurisdiction in a given statute. It has been repeatedly laid down by several judicial pronouncements that any provision made in a particular statute barring the jurisdiction of the civil Court to call in question any order passed or action taken under the statute gives protection to orders ...... without any order as to cost. The stay of operation of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)
....the time for investigation for another one month and accordingly on 28.6.83 Mr. Benu Gopal Dey the Chief Metropolitan Magistrate extended the period for a further period of 30 days in exercise of his power under section 157 (5) Cr.P.C. by passing the following order on 28.6.83:— "See......Rahman J Md. Abdul Jalil J Sabitri Rani Dey.....................................Petitioner Vs. The State..........................................Respondent Judgment October 29, 1984. Result: The Rule is discharged. Lawyers Involved: S. C. Das&mdas......oner. Kazi Shafiuddin, Deputy Attorney-General—For the State. Criminal Revision No. 5 of 1984. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Chittagong to show cause why the proceedings in G. R. Case No.......accused petitioner. In the result, the Rule is discharged. Md. Abdul Jalil J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 97. ..Category: Criminal Law | Date: 29 Oct, 1984 | Hits: 1
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
....al construction to hold that any other procedure was permitted than that which was laid down with such minute particularity in the sections themselves. Section 164 Cr.P.C. is a section confirming the power of a Magistrate and delimiting them. No doubt a Magistrate acting u/ss. 164 and 364 Cr. P. C. ......a Kamal J Md. Abdul Wahab J Zaheda Bewa & anothers…...................Petitioner Vs. The State...........................................Respondent Judgment October 25, 1984. Result: The Appeal is allowed. Cases Referred to- Nazir Ahmed Vs......ur stating that in the night following 15-4-80 she was sleeping with her deceased husband Mukul and daughter Moushumi in their south-facing hut. At about 2-30 A.M. in the early hours of 16-4-80 a man called her husband from outside addressing him as 'Mama'. Her husband opened the door. ....... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....erritory now comprising Bangladesh, it can, in no circumstances, be declared as an abandoned property………(16) In view of special circumstances in this case, and by virtue of the power conferred upon the Appellate Division of the Supreme Court by the Constitution of Bangladesh......trol and Disposal) Order, 1972 (President’s Order No. 16 of 1972). A company which has been incorporated as a limited company under the provisions of the Company Act in the territory now comprising Bangladesh, it can be declared and treated as abandoned property. Moreover, the......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
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