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Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....at every election shall be tried as nearly as may be in accordance with the proÂcedure for the trial of suits under the Code of Civil Procedure. Rule 48 provides that the Tribunal shall have all the powers of a Civil Court trying a suit unÂder the Code of Civil Procedure and shall be deemed to be ......D) (1989) 379. ......n place of declaring the election void as a whole. Simultaneously with this application for amendment of the election petition the opposite party. No.4 also filed an application on 4.6.86 praying for calling the election materials from Returning Officer. The application for calling the election mate......e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ..Category: Election Law | Date: | Hits: 252
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....brought home by the prosecution, the accused appellant cannot be convicted u/s. 302 or that at the appellate stage no alteration of charge is permissible under law. 16. Section 423(1)(b) Cr.P.C. empowers the Court to (1) reverse the finding and sentence and acquit or discharge the accused or orde......Vs. State........................Respondents Judgment April 2, 1989. Result: The order of conviction and sentence of appellant is set aside and the appeal is allowed. Cases Referred to- Suraj Pal Vs. State of Uttar Pradesh, AIR 1955 (SC) 419; Md. Anwar and another Vs. The State......nd sections 323,307 and 302 read with section 149 of the Indian Penal Code. There were no specific charge against Suraj Pal for having caused death by means of a pisÂtol shot, although he was specifically charged under section 148 I.P.C. for being armed with a pistol while engaging in a riot. The a......Khurshed and Sujan their appeal is dismissed and orÂder of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....of May, 1985 when to their surprise they came to know that the Ministry of Land Administration and Land ReÂforms has since reversed the order of the Board of Land Administration exercising appellate powers unÂder section 147 of the Act in a mutation proceeding under section 143 of the Act, allowin......). Judgment April 6, 1989. Result: The Rule Nisi in Writ PetiÂtion No. 425 of 1985 is made absolute. The Rule Nisi in Writ Petition No.1634 of 1988 is made absolute. Case Referred to- Bangladesh and others Vs. Marium Khatun and others, Civil Appeal No.8 of 1972. Lawyers Inv......aggrieved by the order dated 15.12.82 passed by the AdÂditional Commissioner; Chittagong Division preÂferred an appeal before the Board of Land Administration. The appeal was admitted, reports were called for from the Additional Commissioner, Chittagong Division and the Additional Deputy Commissio......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
.... the Corporation is that the peÂtitioners are trespassers and the impugned notices were rightly served. The Municipal Corporation is obviously harboring under an impression that it has the requisite power and authority to evict tresÂpassers. It has no such power. If it has to evict any trespasser ...... All the Rules Nisi are made absoÂlute. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam for Abdus Sobhan, Advocate - For the Petitioners (In all the Writ Petitions). M. Nurullah, Attorney-General with A.F. Hasan Arif and M. Safiullah - For the Respondent No.2 (In all the Writ Peti......sion Bench also opined that if the Municipality thinks fit to cancel the provisional alÂlotment letters earlier issued, it can very well do so by serving formal notices upon the petitioners speÂcifically in that regard without taking any recourse to the provisions of section 143 of the Pourashava ......they should pay the costs in the Rules. In the result all the Rules Nisi are made absoÂlute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356...Category: Property Law | Date: | Hits: 145
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
.... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ......d his heir Sudhir Chandra Das...............Petitioner Vs. Hazera Khatun................Opposite Party Judgment January 12, 1994. Result: The Rule is made absolute. Case Referred to- Sir Hari Sankar Pal and another Vs. Anath Nath Mitter and others, 1949 (FC) 106. Lawyers I......ourt. He submits that without-hearing Âthe opposite party‑petitioner (the Judgment debtor) the learned Judge in passing the aforesaid order committed serious error of law and the mistake committed calls for review of the order. 4. This Rule is resisted by the plaintiff-opposite Âparty on the ...... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ..Category: Civil Law | Date: | Hits: 157
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....avits for apology and mercy filed by the contemners. 4. However, I propose to take up first the case of contemner No.1 Mr. Ashok K Karmaker. The article covering 6 columns is on the ability of the power and ability of the Judges of the High Court Division to issue Rule and the order passed in exe......Petitioners Vs. Ashok Kumar Karmaker and others..............Respondents Judgment June 29, 1995. Result: The proceeding for contempt is dropped against Contemners. Cases Referred to- Quintin Hogg Case, (1958) 2 WLR 1206; Special Reference No.1 of 1964, 1965 (SC) 745; Sir Edwa......s about self imposed limitation in dealing with contempt of Court matter by the learned Judges of the Superior Court. There is a long constructive criticism of the Judgment is no offence and does not call for initiation of the Contempt proceeding as the judiciary improves upon constructive and corre......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ..Category: Criminal Law | Date: | Hits: 149
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....blic good and no rejoinder was sent by the complainant to his client to terming the report as incorrect. 5. It appears from the concerned report (Annexure-A) that there are allegation of misuse of power and corruption against the complainant and acquiring properties by him disproportionate to his......hahadat Chowdhury...................Petitioner Vs. Md. Ataur Rahman...................Opposite Party Judgment January 28, 1996. Result: The Rule is made absolute. Cases Referred to- Syed Md. Afzal Hossain Vs. M Selim Idris, 15 BLD 362; Khondaker Abu Talab Vs. State, 19 DLR (......No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ..Category: Criminal Law | Date: | Hits: 125
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....estigation is not concluded within sixty days from the date of receipt of information relating to the commission of the offence or the order of the Magistrate for such investigation, the Magistrate empowered to take cognizance of such offence or making the order for investigation shall make an order......¦.. Opposite Party Judgment April 25, 1999. Result: The Rule is discharged. Lawyers Involved: M Amirul Islam, Advocate — For the Petitioners. Munsurul Haque Choudhury, Deputy Attorney General — For the State. Criminal Miscellaneous Case No. 2220 of 1995. Judgment Md....... Munsurul Haque Choudhury, Deputy Attorney General — For the State. Criminal Miscellaneous Case No. 2220 of 1995. Judgment Md. Hamidul Haque J.- By this Rule, the opposite parties were called upon to show cause as to why the proceedings of Special Case No.40 of 1992 pending in the Cou......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368...Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....s a freezing plant in Chalna and engaged in the business of processing, storing, freezing and exporting shrimps and prawns to the foreign countries. The freezing plant of the plaintiff runs by public power supply from Power Development Board (PDB). The plaintiff runs the business taking loan from Ja......osts. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......or continued to supply power in the factory upto 11-10 PM of 2-12-88 and then it started giving a different sound resulting in stoppage of the generator. The plaintiff tried to repair the generator locally but failed and then sent it to Dhaka for repairing and the generator was ultimately restored i......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357...Category: Business or Commercial Law | Date: | Hits: 522
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
....evidences and reiteration of the reasons given by the trial Court are not essential and expression of general agreement with that of the trial Court is sufficient. 13. The scope of the Revisional power under section 115 of the Code of Civil Procedure as it stands now may be seen. The jurisdictio......er section 115 of the Code of Civil Procedure, the propriety of the concurrent decision of the Courts below have been called in question whereupon Rule was issued calling upon the Opposite Party No.1 to show cause as to why the Judgment and decree dated 9-10-97 passed by the learned Subordinate Judg......Revision No.1589 of 1998. Judgment AK Badrul Huq J.- By this application under section 115 of the Code of Civil Procedure, the propriety of the concurrent decision of the Courts below have been called in question whereupon Rule was issued calling upon the Opposite Party No.1 to show cause as t...... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352...Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
.... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ...... Ayat Steels Limited…………………Appellant Vs. Mohammad Ali…………………Respondents Judgment February 6, 2011. Result: The appeal is dismissed. Cases Referred to- PT Krishnaswami Ayyangar Vs. Chevula Kamalamma, AIR 1941 PC 90 (92); (Obla) Sundarachriar Vs.......aser for valuable consideration and Ayat Steels Ltd. having purchased from Capital Ship Breakers cannot restrain Mohammad Ali. Mr. Bhuiyan submits that in the present suit Ayat Steels Ltd. has specifically asserted that they are bona fide purchaser for valuÂable consideration without notice of the ...... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ..Category: Civil Law | Date: | Hits: 235
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....ntention and they are guilty of undue laches and as such the learned Subordinate Judge ought to have dismissed the suit. 18. Mr. T.H. Khan has next argued that the learned subordinate Judge had no power to pass a deÂcree like the one he has passed in the present suit in that he can not ask the d.......................Appellants Vs. Md. Shamsuddin Khan & others...................................Respondents Judgment May 2, 1989. Result: The appeal is allowed. Cases Referred to- Sarwar Khan Vs. Gulam Sarwar and others, PLD 1982 AJ & K 126; Ram Singh Kundan Singh and......act. Mr. Moinul Huq has sought to argue that the defendant No.2 had knowlÂedge and as such had tacit consent to the contract and the contract is enforceable against him. The defenÂdants have emphatically denied the very existence of the contract and as such the pleading of the plaintiffs and the u......em. In the face of our findings in respect of Ext. W and Z series the appliÂcation is not maintainable. Accordingly, it is rejectÂed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415...Category: Business or Commercial Law | Date: | Hits: 349
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341....... Ali and another…………..Petitioners Vs. Monwara Hospital & others..........Opposite Parties Judgment August 21, 1997. Result: The Rule is made absolute. Cases Referred to- 43 DLR (AD) 107; 43 DLR (AD) 160. Lawyers Involved: Sultan Ahmad with Malik Syed Ahmad,......lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341.......lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341...Category: Procedural Law | Date: | Hits: 121
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....rder clearly indicates that by his application dated 12-9-1996 filed before the Court the arbitrator applied for extension of time for filing of the award but there is no provision in the Act which empowers the Court to extend time for filing of the award. Therefore, the dated 22-9-1996 has no legal......¦â€¦Petitioner Vs. Abdul Aziz and others………………………………Opposite Parties Judgment December 6 & 8, 2005. Result: The Rule is made absolute. Cases Referred to- Mac Foy Vs. United Africa Company Limited, (1962) AC 152; 4 BLC (AD) 21; 6 AIR 1970 SC; 28 DL......the term of the decree within the stipulated time. The opposite party No.1 filed an application to draw contempt proceeding against the Chairman, Bangladesh Telegraph and Telephone Board (hereinafter called "BTTB") and some of its Directors. The Executing Court issued a show cause notice against the......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...Category: Alternative Dispute Resolution | Date: | Hits: 291
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
....epared and found that there are some new constructions and the possession of the property was not taken from the petitioner in accordance with the earlier list. It is stated that the Ministry has got power to pay compensation in accordance with the new list at the prevailing market price and the res......y 19, 1998. Case Referred To- Md. Shoaib Vs. Government of Bangladesh, 27 DLR 315. Lawyers Involved: Mahmudul Islam, Advocate — For the Petitioner. Md. Altaf Hossain Khan, Deputy Attorney General with FKM Ahsan Mahbub, Assistant Attorney-General — For the Respondents. Writ......an, Deputy Attorney General with FKM Ahsan Mahbub, Assistant Attorney-General — For the Respondents. Writ Petition No.690 of 1987. Judgment Mahfuzur Rahman J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the Gazette Notification No.DA-37/80/681-Acqiun...... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426...Category: Property Law | Date: | Hits: 156
....over possession of the suit property without permission of her husband. It is further stated in the written statement that the result of the stroke was loss of speech and consciousness, impairment of power to express himself by speech or writing, which is an effect of brain damage, and now the defen......dul Karim J
Md. Ali Asgar Khan J
Yousuf (Md.)…….......Appellant
Vs.
Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others…………....Respondents
Judgment
October 28, 1997.
Result:
The appeal is dismissed without any order as to costs.
Cases Referr......s an effect of brain damage, and now the defendant has to move with the help of his wife, Nasrin Sultana, and his business partner, Syed Masud Ali, who look after his business, because he is not physically or mentally capable of managing his business independently, without help from others and has b......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....assing the impugned order of transfer of the pending suits under section 24 of the Code of Civil Procedure. He further contended that the submission of Mr. Bosu that the learned District Judge has no power to transfer the suits unÂder section 24 of the Code of Civil Procedure, in view of sections 1......: Muhammad Ansar Ali J Ebadat Ali...................Petitioner Vs. Ismail Hossain Akhond & others.......................Opposite Party Judgment April 27, 1989. Cases Referred to- A.K.M. Ruhul Amin Vs. District Judge and AppelÂlate Election Tribunal, Bhola and ors, 38 DL......suits in the Courts of the learned Subordinate Judges in the country. Had the amendment been to the effect that all the pending suits of the Subordinate Judges' Courts shall stand transferred automatically to the Courts of the Assistant Judges after promulgation of the Ordinance No. II of 1983, the ......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ..Category: Procedural Law | Date: | Hits: 152
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....r Rule 70 of the Rules which is as follows: "70. Powers of Election Commission to issue orders.- Save as otherwise provided, the Election Commission may issue such inÂstructions and exercise such powers, includÂing the power to review an order passed by any officer under these rules and make su.............Petitioner Vs. Election Commission & others..........................................Respondents Judgment May 2, 1989. Result: The Rule is made absolute. Case Referred to- Kanta Devi and another Vs. State of Rajasthan and others, AIR 1957 Rajasthan 134. Lawyers ......he petitioner appeared before the Election Commission on 31.7.88 but by subseÂquent orders the hearing was shifted to 6.8.88 and then to 15.8.88. 5. On 28.8.88 the petitioner obtained a Rule Nisi calling upon the respondents to show cause as to why the aforesaid proceeding before the Election Co......26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486...Category: Election Law | Date: | Hits: 216
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
.... the case. 3. It appears that after the expiry of ninety days from the lodging of First Information Report relatÂing to the commission of the offence the learned Sessions Judge in exercise of his power under secÂtion 167(6) directed further investigation into the ofÂfence upto 9th Feb. 88. It ......Mahmudul Amin Chowdhury J Anwar Hossain Maji (Md.) & others.............Petitioners Vs. The State………………………………………………..Opposite Party Judgment October 26, 1988. Result: The application is sumÂmarily rejected. Lawyers Involved: ABM N......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is sumÂmarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is sumÂmarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ..Category: Procedural Law | Date: | Hits: 127
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Appellant Vs. Monowara Begum (Mst.)........................Respondent Judgment March 28, 1989. Result: The appeal is dismissed Cases Referred to- Miaruddin Bhuiyah alias Chand Mia Vs. Saleh Meher Bibi and others 11 DLR 445; Shamshad Ali Sh......id two conditions or ingredients have been fulÂfilled. So let us now consider the third ingredient, namely, the delivery of possession. With regard to delivery of possession P.W.1 has stated categorically that he is in possession of the property described in the gift itself but the witnesses also a......tated that occasionally Abdur Rahman Sikder used to feel blood pressure. She states that Abdur Rahman Sikder before his death was doing his normal avocation of his daily life. Even he presided over a meeting as Chairman just on the day precedÂing the day of his death. She says that Abdur RahÂman S..Category: Property Law | Date: | Hits: 152
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