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Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)

....r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121....... This Case is also Reported in: 48 DLR (HCD) (1996) 121.......g the said Annexure‑F and the decision so taken in respect of the matter of Agenda No.3 as circulated by Annexure‑H, or to pass such other or further order or orders as the Court may seem fit and proper. Annexure‑F relates to giving on purely temporary basis current charge of the office of Exe......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121...

Category: Employment/Service Law | Date: | Hits: 191

Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)

....ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117.......Syed Khalilullah Malek others.................Opposite Parties Judgment November 20, 1995. Result: The Rule is made absolute. Cases Referred to- Nazir Ahmed Vs. Rabibgr Rahman Miah and others, 7 DLR 192; 21 DLA (SC) 46; 15 CLJ Page 339; 28 DLR (AD) 127; 25 DLR 96. Lawyers Invo......ant No.1 filed on 1.1.78 a petition to defendant No.2 stating that late Syed Abu Taiyab Abu Wasay (his uncle) constituted a Wakf Deed dated 16.3.48 and defendant No.1 prayed for enrolment of the suit property as Wakf Estate and also for direction upon the plaintiff No.1 and others who collected the ......ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117...

Category: Trust/Waqf Law | Date: | Hits: 181

Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)

.... Additional Sessions Judge starts with trial and ends with trial. He ceases to be an Additional Sessions Judge thereafter. There­fore, the provisions of sections 404-431 in respect of appeals remain completely undisturbed and unaffected by the insertion of a proviso to sub-section (3) of section 9.......h 22, 1989. Result: The Rule is made absolute. Cases Referred to- Md. Mustafa Mondal Vs. The State, 35 DLR 362; Nazir Ahmed & others Vs. Yonus Miah & others, 36 DLR 93; Abu Taher and others Vs. Mst. Razia Be­gum, 37 DLR 18; 36 DLR 93; Abdul Latif & others Vs. Nurjahan Begum......ved by Moulton, L.J. in R.V. Dibdin, (1910) (Prob. Dn.) 57. The same view has been ex­pressed in Corpus Juris Secondum, Vol.82 (pp.887-888) as follows:- "The operation of a proviso is usually and properly confined to the clause or distinct por­tion of the enactment which immediately pre­cedes ......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ..

Category: Criminal Law | Date: | Hits: 158

Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)

....servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ......s follows. The respondents instituted the aforesaid O.C. Suit No.73 of 1976 against the appellants for spe­cific performance of contract in the Court of Subordinate Judge, Pabna, who by his judgment and decree dated 30.9.77, was pleased to decree the suit on contest with costs. The appellants prefe......order approving or altering the draft as it thinks fit. Thereafter the decree-holder shall deliver to the Court a copy of the draft with such alteration, if any, as they may have been direct­ed upon proper stamp paper, if required. And the Judge shall then execute the document so delivered. This is......servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ..

Category: Property Law | Date: | Hits: 140

MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)

....ji Ram 1978 (SC) 484. In delivering the judgment of the re­port M.H. Beg. CJ observed: "Defective pleadings are generally curable if the cause of action sought to be brought out was not ab initio completely absent. Even very defective pleadings may be permitted to be cured, so as to constitute a....... Civil Revision No.11 of 1986. Judgment AM Mahmudur Rah­man J.- The petitioner obtained this Rule against an or­der of amendment of the plaint, acceptance of valua­tion put on the plaint and for direction to file replies to the interrogatories made by the Subordinate Judge in a suit for...... of amendment of the plaint, acceptance of valua­tion put on the plaint and for direction to file replies to the interrogatories made by the Subordinate Judge in a suit for declaration that the suit property is a Waqf property and the plaintiff is Mutualli. 2. The learned Advocate for the petiti......e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ..

Category: Procedural Law | Date: | Hits: 133

Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)

.... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ......tate…………………………..............Opposite Party Judgment March 7, 1988. Result: The Rule is made absolute. Cases Referred to- Sakyapada Barua & ors. Vs. The State and others, 38 DLR 86; Kazi Md. Wahidun Nabi Vs. Abdus Satter @ Monaya and ors., 36 DLR 200. Lawy......roceeding with the case and try­ing and disposing it of. The petitioner had been con­victed and sentenced to 10 years' rigorous imprison­ment without any trial by a competent court. So we think it proper to exercise the inherent power under section 561 A, the exercise of which is not restricted b...... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ..

Category: Criminal Law | Date: | Hits: 120

Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)

....ette, the election petition was filed on 22.6.85 within 30 days from the gazette notification dated 24.5.85 but the application for amendment was filed long after the statutory period on 4.6.86 which completely changed the nature and character of the election dispute arid the relief prayed for and a...... & others.............................Opposite Parties Judgment January 16, 1989. Result: The Rule is made absolute. Cases Referred to- Hosne Zaman Sarker Vs. Election Tribunal and others, BCR 1986 (HC) 141; 38 DLR 435(1986); 38 DLR 435; Sk. Tabibar Rahman Vs. Election Tribuna...... on consideration of the evidence of the witnesses found that out of 45 polling centres there were peaceful votes in 15 pol­ling centres but in the other 30 polling centres the election was not held properly due to the illegal ac­tivities of the supporters of opposite party No.4. On consideration ......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

Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)

....they should pay the costs in the Rules. In the result all the Rules Nisi are made abso­lute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......ute. 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 Petitions). Writ Petition No. 442 of ......Division Bench held that the question of encroach­ment arises only in circumstances when someone is in lawful possession of a particular premises but makes an unlawful extension thereof on municipal property. It was held therefore that the impugned no­tices were not attracted by section 143 of the......they should pay the costs in the Rules. In the result all the Rules Nisi are made abso­lute 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

Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)

....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......DLR (HCD) (1989) 349.......Mohubullah @ Mohibullah under sec­tions 302/34 of the Penal Code and conviction of ap­pellant No.3 Sabjan Bibi under section 201 of the Penal Code has been based on insufficient evidence and not on proper consideration and assessment of the evidence and materials on record and hence can not be sus......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349...

Category: Criminal Law | Date: | Hits: 101

Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)

....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. ......quashing the proceedings of CR Case No.2041/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka. 2. Complainant opposite party Md. Ataur Rahman, an Additional Chief Engineer of Roads and Highways Directorate, filed a petition of complaint against the petitioner alleging that in the ......is 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 known sources of income in discharge of his public functio......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

Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)

....iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ...... 173. ......er Order 7 rule 10 of the Code of Civil Procedure with a prayer to the trial Court (First Court of Assistant Judge) for returning the plaint of the suit along with vokalatnama for presentation to the proper Court i.e. in the Court of 3rd Assistant Judge, Dhaka on the ground that the suit property wa......iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ..

Category: Procedural Law | Date: | Hits: 125

Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)

....ly judge. 9. The defendant No.1 having felt aggrieved by the aforesaid adjudication, carried an appeal to the Court of District Judge but without any success. The learned Family Appellate Judge in complete agreement with the views and decisions recorded by the learned Family Judge, dismissed the ......rocedure, 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 Judge-cum Third Artha Rin Adalat, Sadar, ...... 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....... Muslim Family Laws Ordinance, 1961. The other claim of the plaintiff for value of the gold stood rejected by the learned family judge. 9. The defendant No.1 having felt aggrieved by the aforesaid adjudication, carried an appeal to the Court of District Judge but without any success. The learned ..

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. ...... 2011. Result: The appeal is dismissed. Cases Referred to- PT Krishnaswami Ayyangar Vs. Chevula Kamalamma, AIR 1941 PC 90 (92); (Obla) Sundarachriar Vs. Narayan Ayyar, AIR 1931 PC 36 (38 and 39); M Subramanian Vs. MLBM Lutchman, AIR 1923 PC 50 (53); Eagle Star Insurance Co Ltd. Vs. Usma......the Respondents 1-3. First Miscellaneous Appeal No.137 of 2010 with Civil Rule No.421 (fm) of 2010. Judgment Nozrul Islam Chowdhury J.- This appeal has a chequered story to tell. The property involved in the suit being Other Class Suit No.3 of 2010 was mortgaged by Capital Ship Brea...... 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

State Vs. Manik Bala, 1988, 17 CLC (HCD)

....s acquitted of the charge. Let the condemned prisoner be set at liber­ty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......Sarker J DM Ansaruddin Ahmed J State…………………Appellant Vs. Manik Bala…………………Respondent Judgment December 5, 1988. Result: The reference is rejected and the Jail appeal is allowed. Lawyers Involved: M. Shamsul Alam, Deputy Attorney General wit...... Sera­jul Hoque were his cousin brothers living in the same house with him. He stated that while he was suffering from insanity his cousin took 3-1/4 kani of land from him by registered deed without proper pay­ment of consideration money. He further stated in his cross-examination that accused Man......s acquitted of the charge. Let the condemned prisoner be set at liber­ty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435...

Category: Criminal Law | Date: | Hits: 142

Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)

....ndants could not show or make out any case that the agree­ment in question is vitiated by fraud, undue in­fluence, misrepresentation, etc. is beside the point in the face of the defendants' case of complete denial of the alleged oral contract. The observation is just an idle talk. 40. The learn...... 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 sons and another Vs. Ram Chand Issar......ed in favour of the plaintiffs and to direct the principal-defendants (defen­dants No.1-3) to execute and register the deed of sale in respect of /12/- annas share of the suit firm in respect of the properties described in the schedule and/or reconstitute the partnership to the extent of that share......em. In the face of our findings in respect of Ext. W and Z series the appli­cation is not maintainable. Accordingly, it is reject­ed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415...

Category: Business or Commercial Law | Date: | Hits: 349

Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)

.... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347....... (Special Original Jurisdiction) Present: Md. Abdur Rouf J Md. Mozammel Haque J Khan Md. Ruhul Amin……………Petitioner Vs. Chairman, Labour Court of Khulna Division, Khulna and others…………..Respondents Judgment January 9, 1990. Result: The Rule is disch......ool is neither a section, branch or department of respondent No.2, as wrongly contended by the petitioner. The affairs of the school are managed by the Management Committee, formed for the purpose of proper and efficient management of the school, according to the rules and regulations of the Board o...... Jute Mill itself, he clearly comes within the definition of ‘worker’ or ‘workman’, as contemplated in section 2(XXVIII) of the aforesaid Ordinance. He further submits that for the purpose of adjudication of any dispute under the Industrial Relations Ordinance, there are only two groups of e..

Category: Labour and Industrial Law | Date: | Hits: 184

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.......his Case is also Reported in: 51 DLR (1999) (HCD) 341.......a. The case of the plaintiff opposite party No.1, in short, is that the principal defendant Nos. 1 and 2 on 6-3-80 entered into a written agreement with the plaintiff for out and out sale of the suit property to the plaintiff for a consideration of Taka 30,00,001.00. Subsequently, the consideration ......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)

....t and secondly a duty is cast upon the arbitrator to initiate the arbitration pro­ceeding within the time as agreed upon or in the absence of any provisions to the contrary the arbi­tration must be completed within four months as per Article of the first schedule to the Act and in the instant case......t High Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul Awal J Bangladesh………………………………Petitioner Vs. Abdul Aziz and others………………………………Opposite Parties Judgment December 6 & 8, 20......ecords of the execution case i.e. execution application and the counter affidavit of this rule, it appears that the opposite party No.1 in the execution case made a prayer of attachment of Government properties and from the contention of the counter affidavit it also appears that they pursu­ing 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

Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)

....acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......s Case is also Reported in: 48 DLR (HCD) (1996) 165. ...... appellants Humayun, Jasim and Mintu (appellant Serajul Islam died during the pendency of the appeal) in Criminal Appeal No. 2266 of 1991, submits that the Judgment of the trial Court is not based on proper assessment of the evidence on record and that there is a wide discrepancy between evidence of......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ..

Category: Criminal Law | Date: | Hits: 147

Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)

.....154 of 1981-82 again for cancelling the said settlement of the suit land made to the plaintiffs on the allegation that at the time of their previous objection the settlement to the plaintiff was not complete and, as such, the objection cases they had filed earlier were premature. As to the illegali...... is also Reported in: 51 DLR (HCD) (1999) 435. ......t be said that the lease was not complete because plaintiffs, according to the appellate Court, were in possession and other formalities including the approval of the lease was completed by legal and proper authority. Appellate Court also found that the Additional Deputy Commissioner (Rev) and the D......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ..

Category: Property Law | Date: | Hits: 105