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Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ...... Procedure Code. According to him no interference is required to be made in the order of learned Sessions Judge. 6. It appears that an application was made before the then Prime Minister of Bangladesh on 3-5-73 alleging that four persons were kidnapped by the petitioners on 13-1-73 fr..................................................Respondent Judgment March 11, 1984. Result: The Rule is discharged. Cases Referred to- Abul Hossain Sana Vs. Suwalal Agarwala and another, 14 DLR 96; Md. Mostafa Chowdhury Vs. Lila Rani Naundi, 22 DLR 199; Habibullah Chowdhury......Division (Jessore Bench) (Criminal Revisional Jurisdiction) Present: Abdul Matin Khan Chowdhury J Nurul Islam & others....................................Petitioner Vs. The State...................................................Respondent Judgment M..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
....ny land covered by a usufructuary mortgage after the expiry of the period of such mortgage, the mortgagor may apply to the Sub divisional Magistrate or to any officer authorised in this behalf by the Government, for such redemption or restoration and, on such application and, in the case of red......ite Party Judgment March 6, 1984. Result: The Rule is made absolute. Cases Referred to- Abdul Mannan and others Vs. Kulad Ranjan Mawali and others, 31 DLR (AD) 195; Bangladesh Vs. Haji Abdul Gani Biswas and ors, 32 DLR (AD) 233; Abu Bakkar Vs. Nasir Ahmed, 34 DLR (......Vs. Badsha Mia Sowdagor...............................Opposite Party Judgment March 6, 1984. Result: The Rule is made absolute. Cases Referred to- Abdul Mannan and others Vs. Kulad Ranjan Mawali and others, 31 DLR (AD) 195; Bangladesh Vs. Haji Abdul Gani Biswa......) 90. ..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
....ustodian shall be exempted from attachment, seizure or sale in execution of a Civil Court decree or 'orders of any other authority." That enemy property which has now vested in the Government of Bangladesh by operation of law is exempted from attachment, seizure or sale in ex......ult: The appeal is allowed in part. The Rules are discharged. Cases Referred to- National Bank of Pakistan Vs. Kushtia Sugar Cane Mills, 29 DLR 32;Goutam Ranjan Sen and others Vs. Bangladesh and others, 1981 BLD (A.D.) 126 Lawyers Involved: A. K. M. Shafiqur Rahman with...... 1984. Result: The appeal is allowed in part. The Rules are discharged. Cases Referred to- National Bank of Pakistan Vs. Kushtia Sugar Cane Mills, 29 DLR 32;Goutam Ranjan Sen and others Vs. Bangladesh and others, 1981 BLD (A.D.) 126 Lawyers Involved: A. K. M. Shafi......h Court Division (Civil Revisional Jurisdiction) Present: Mohammed Habibur Rahman J Syed Mohammed Ali J Priyatosh Talukder.................................Appellant Vs. Asstt. Custodian of Enemy Property.............Respondent Judgment March 4, 1984...Category: Property Law | Date: 4 Mar, 1984 | Hits: 4
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....ntiffs got -/10/- annas share in the 'Ka' schedule property and have been possessing the same. 4. During the S.A operation the land was wrongly recorded in the name of the defendant No.1 Government of Bangladesh as khas land. On the basis of erroneous record of rights, the defendant No.......0/- annas share in the 'Ka' schedule property and have been possessing the same. 4. During the S.A operation the land was wrongly recorded in the name of the defendant No.1 Government of Bangladesh as khas land. On the basis of erroneous record of rights, the defendant No.13 and Hashem ...... Md. Nizamul Huq with Moslem Alt Howlader—For Opposite-party Nos.1-3. Civil Revision No. 582 of 1982. Judgment Daliluddin Ahmed J.—This Rule was issued Against the judgment and decree, dated 5.1.82, passed by the Subordinate Judge, 2nde Court, Barisal in Title Appeal No.13......27 ..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
.....66, Ext. 2, is hit by section 75-A of the State Acquisition and Tenancy Act, 1950 (herein after called the Act) and the said lease was null and void and as such the land stood forfeited to Government. Mr. Abdul Quay urn, the learned Advocate for the plaintiff-petitioners, has frankly admi......nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163 ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Daliluddin Ahmed J Sarendra Nath Halder & others.......................Petitioner Vs. Satyandra Nath Halder..............................Opposite Party Judgment January 30, 19......nbsp; ..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....nistrator of Waqfs is not a subordinate Court of the High Court Division or of the Civil Court. 4. The Administrator of Waqfs is appointed under Section 7 of the Waqfs ordinance by the Government. Under Section 10thereof the Administrator shall be deemed to be a "Public Offi......so Subordinate to the High Court Division or to the Civil Court. 6. The Waqfs Ordinance is a special statute governing the law relating to the administration and management of waqf properties in Bangladesh. When the Administrator passes an order under Section 32 of the Waqfs Ordinance......titioner. Md. Hannan with Abul Quasem—For the Opposite parties. Civil Revision No. 369 of 1983. Judgment Mustafa Kamal J.- This rule obtained under Section 115(1) and 115(3) C.P.C. as they stood on 27-10-83, calls into question the judgment and order da......evisional Jurisdiction) Present: Mustafa Kamal J Golam Ataher Chowdhury………………………………..Petitioner Vs. Administrator of Wakfs & others...................Opposite parties Judgment J..Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1
Md. Suruj Mia Vs. Katu alias Abdul Latif & others, 1984, 13 CLC (HCD)
....dditional Sessions Judge is directed to proceed with the case in accordance with law. Mohammad Abdul Rouf J.—I agree. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ......rder of stopping the proceeding and releasing the accused-opposite-parties has been challenged in these two rules. 3. Mr. A. F. M. Shahid, the learned Assistant Attorney General has appeared for Bangladesh, the petitioner in Criminal Revision No.140 of 1983 and Mr. Azizur Rahman Chowdhury, the ......Hossain Khan J.—These two rules have arisen out of an order passed by the learned Additional Sessions Judge, 2nd Court, Comilla, treating the proceeding of Sessions Case No. 369/1982 as stopped and releasing the accused persons under section 339C (4) of the Code of Criminal Procedure. ......rt High Court Division (Criminal Revisional Jurisdiction) Present: Sultan Hossain Khan J Md. Abdul Rouf J Md. Suruj Mia..................................Petitioner Vs. Katu alias Abdul Latif & others.................Opposite parties Judgment Jan..Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
.... Under Article 2 of P.O. 16/73, there is nothing to show that the offence in question was committed by the accused in connection with the struggle for national liberation. The mere fact that the Government have stated that the accused are freedom fighters does not ipso facto give any indemnity ......O. 16/73 has no manner of application in the facts and circumstances of the present case. Cases Referred To- Syed Matiur Rahman Vs. The state 35 DLR (A) (D) 329; Baksu Mia Vs. Government of Bangladesh 30 DLR (SC) 228. Lawyers Involved: A.K.M. Shafiqur Rahman-For the Petition......ent have stated that the accused are freedom fighters does not ipso facto give any indemnity for committing any offence against innocent citizens. P.O. 16/73 has no manner of application in the facts and circumstances of the present case. Cases Referred To- Syed Matiur Rahman Vs. The state......ourt High Court Division (Criminal Revisioal Jurisdiction) Present: Md. Habibur Rahman J Syed Mohammed Ali J Nazir Ahmed & others.....................Petitioner Vs. The State.....................................Opposite parties Judgment January 3..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
.... came into being. By operation of President's Order No.16 of 1972 which came into effect on 28.2.72, share-holdings and business management with all the assets and liabilities stood vested in the Government of Bangladesh. By letter Ext. D. dated 20.1.73. Deputy Secretary, Ministry of Commerce of......CD) 114 ......eal dismissed Cases Referred to- Buxly Paint (Bangladesh) Ltd. Vs. Bangladesh, (1979) 31 DLR (AD) 266. Lawyers Involved: Khondaker Mahbubuddin Ahmed with Mirza Hossain Haider and Mokbul Ahmed—For the appellant. Muzammel Hossain with Syed Moazzem Hossain—For ...... High Court Division (Civil Appellant Jurisdiction) Present: Mohammed Habibur Rahman J Syed Mohammad Ali J I.C.I. (Bangladesh) Ltd.......................Appellant Vs. M/s. G. K. Brothers...........................Respondent Judgment December 13, 19..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....ent No.1 Company entered into three agreements with Taiwa, namely, (1) Capital Participation Agreement, (2) Technical Assistance Agreement and (3) Technical Service Agreement. The then Government of Pakistan accorded permission for equity participation by Taiwa. Late Alauddin Miah was......Japan (hereinafter called Taiwai) became a share holder of the respondent No.1 Company Taiwa was holding in its own name 6993 shares of Tk. 100/- each amounting to a total of Tk 699,300.00. Bangladesh share-holders were holding 19.00/ share amounting to a total of Tk. 19, 00,700.00. 5..................Respondent Judgment November 24, 1983. Result: The prayer accepted Rectification of the Share Register Cases Referred To- Fry, Chase National Executors and Trustees Corporation Ltd. Vs. Fry and others (1946) 2 All E.R. 106; Transatlantic Life Assurance...... ..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
.... dated 27.04.1979. He also delivered possession of the case land to the pre-emptee purchasers on behalf of the vendors. Pre-emptee purchasers gave notices to all co-sharers and paid rents to the Government. Subsequent to the present purchase pre-emptee Respondent No.3 Gura Mia (O.P.W.1) became ......tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......orted in: 36 DLR (1984) 81. ......ision (Civil Revisional Jurisdiction) Present: Mohammed Habibur Rahman J Syed Mohammed Ali J Sultan Ahmed and others......................Appellant Petitioners Vs. Md. Islam & others……………………&hell..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)
....et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ......used simply on the ground of the absence of the complainant or his witnesses. (Mobarak Ali Gazi Vs. Mokbul Sardar, 23 DLR 96). 12. Recent substantive changes in the Code of Criminal Procedure in Bangladesh have not made any difference in the legal position in so far as the trial of a case be&sh...... XXIII of the Code of Criminal procedure comprising sections 265A-265L contain provisions of trial before Courts of Sessions. It is very much necessary for the Sessions Court to fully appreciate when and under what circumstances an order of acquittal can be passed. 4. If, before framing the cha......ision (Rangpur Bench) (Criminal Revisional Jurisdiction) Present: Mustafa Kamal J Md. Abdul Wahab J Md. Taheruddin......................................Petitioner Vs. Abul Kashem & others.............................Opposite-Parties Judgment No..Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4
Abdul Hamid Vs. Dbakeswari Cotton Mills Ltd. & others, 1983, 12 CLC (HCD)
.... originally provided as follows: “23. No. provision of law relating to the winding up of companies shall apply to a Corporation and a Corporation shall not be wound up save by order of the Government and in such manner as it may direct.” 3. By P.O. No. 37 of 1972 the afore-quot......nt as they all raise a common question of law. 2. Dkakerwari Cotton Mills Ltd. Is the common respondent in all these applications. By P.O. No. 27 of 1972 it was nationalized and placed under the Bangladesh Cotton Mills Corporation. Article 23 of P.O. No. 27 of 1972 originally provided as follow...... are discharged. Lawyers Involved: Md. Shahjahan—For the Petitioner. A. M. Nooruddin Ahmed—For the Respondent. Matter No. 18 of 1983 with Matters No. 19-23, 28-31 and 33 of 1983 Judgment Mustafa Kamal J. – These applications u/s. 171 of ...... ..Category: Company Law, Corporate Law | Date: 16 Nov, 1983 | Hits: 5
Mortoza Elahi @ Tipu & others Vs. The State, 1983, 12 CLC (HCD)
.... proceed in accordance with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 100. ......561A of the Code of Criminal Procedure. The Rule arises out of a First Information Report lodged by the complainant on 24-12-80 whereupon a case under sections 147/143/-149/448/324/323/326/302/307/34 Bangladesh Penal Code was started and the same was numbered as G.R. Case No.1595 of 1980. 3. Po......e State.......................................................Respondent Judgment November 13, 1983. Result: The Rule is discharged. Cases Referred to- Md. Badir Mollah and others Vs. The State and others, Criminal Revision Case No.82 of 1983. Lawyers Involved: ...... (Criminal Revisional Jurisdiction) Present: Abdul Matin Khan Chowdhury J Anwarul Hoque Chowdhury J Mortoza Elahi @ Tipu & others...........................Petitioner Vs. The State.......................................................Respondent Judgment ..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 1
Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)
....with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ......inant's son and other accused persons injured Shahid, Arshed and Ansar. 3. Police after investigation submitted chargesheet on 19.12.81 against the petitioners under sections 147/148/325/323 Bangladesh Penal Code read with section 4 and 5 of the Explosive Substance Act and 14 of the Special......Nazirul Islam— For the Opposite Party. Criminal Revision No. 30 of 1983. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Khulna and the Opposite Party to show cause why the proceedings of Sessions Case No.119 of 1982 pending bef......in Khan Chowdhury J Anwarul Hoque Chowdhury J Abdul Mannan Sarder & others………………………………Petitioner Vs. The State…………………………&h..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....strict Board was not a lower post than the post of Accountant, Works Programme. He held that the post of Accountant, Works Programme is merely a temporary post without any cadre, It is neither a Government service nor a local council service. In the absence of statutory provision, an employee o.........Petitioner Vs. Mukhlesur Rahman.....................................Respondent Judgment October 30, 1983. Result: The appeal is allowed. Cases Referred To- Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury 29 DLR (S.C.) 41; Banglad......R (S.C.) 41; Bangladesh Small Industries Corporation Vs. Mah-boobHossain Chowdhury, 29 DLR (SC) 41; Bangladesh Biman Corporation, Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. Lawyers Involved: T...... ..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....ecord found that the evidence on record was hearsay evidence and there was no evidence connecting the accused persons with the murder of deceased Abdur Rashid. Against the said order of acquittal the Government preferred an appeal under section 30 of the Special Powers Act, 1974. The Appellate Tribu......ing retrial--This is an abuse of the process of the court and must be set aside--Code of criminal Procedure (V of 1898) S. 561A……………(11) Case Referred to- Bangladesh Vs. Shajahan Seraj, 32 DLR (AD) 1, Lawyers Involved: Nurul Islam Chowdhury&mdas..................(11) Whether appellate court after affirming the finding of the trial court that there is no evidence on record against the accused justified in setting aside the order of acquittal and directing retrial--This is an abuse of the process of the court and must be set aside--Code of c...... (Chittagong Bench) (Criminal Revisional Jurisdiction) Present: Md. Habibur Rahman J Syed Md. Ali J Abul Hossain & others............................Petitioners Vs. The State.............................................Petitioner Judgment October..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
.... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ...... in holding so in the affirmative the court had acted illegally in exercise of its jurisdiction rendering the proceeding coram non Judice. Under Section 371 of the Indian Succession Act as adopted in Bangladesh, the District Judge within whose jurisdiction the "deceased ordinarily resided at th......in short are that the opposite party Sayeda Sultana Khan, second wife of late Serajul Islam Khan @ Nasu Khan filed a certificate case being Miscellaneous Case No.48 of 1980 after the death of her husband in the Court of the learned Subordinate Judge, Khulna for the grant of a Succession Certificate ......rul Hoque Chowdhury J Mrs. Ummida Khan……………………………………………Petitioner Vs. Salahuddin Khan & others…………………&hellip..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
....er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28. ......ates that the suit was withdrawn in bona fide belief that a compromise would be reached with the defendant vessel. The compromise did not take place and the vessel also left the territorial waters of Bangladesh. The plaintiff submits that had it been represented to the Court on 8.8.1983 that the pla......urt High Court Division (Admiralty Jurisdiction) Present: Mustafa Kamal J Khan Sons (a private Ltd. Company)...................Petitioner Vs. Motor Vessel YIH SHEN and others....................Opposite Parties Judgment October 10, 1983. Result: ......) 28. ..Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
.... copy of the Deed of Gift issued by the Sub-Registrary of Jalpaiguri in India was not however formally admitted in evidence because being a forged document it was not attested by any authority of the Government in the then East Pakistan. So far this registered deed of gift is concerned, it incl......e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ........................Respondent Judgment October 4, 1983. Result: This appeal is dismissed. A suit for partition shall include the entire properties of the co-sharers held and possessed jointly- The general rule to include the entire properties of all the co-sharers ...... ..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
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