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Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
.... house. So, in this circumstances the simple question is whether the charge as framed under section 4 of the Anti‑Terrorism Act can be levelled against the accused petitioner as the offence was not complete rather an attempt was made. As Anti-Terrorism Act is a special law, according to Mr. Malek,...... This Case is also Reported in: 48 DLR (HCD) (1996) 206. ......ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ......ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ..Category: Criminal Law | Date: | Hits: 133
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
....y and duly executed by the testator on 30th Falgun 1332 BS and the same was registered on 18.9.95. This is the last and free will of the testator. The plaintiff lives in the house of the testator and completed all religious rites after the death of the testator. Rai Rongini and Makhan Bala were the ......t Nos. 1(a)-1(c). Appeal From Original Decree No. 34 of 1991. Judgment Syed Amirul Islam J.- This is an appeal under section 299 of the Succession Act by the defendants against the Judgment and decree of the learned Additional District Judge, 1st Court, Pabna, granting letters of administr......of Additional District Judge, Pabna, for disposal and the said Court vide the impugned Judgment and decree granted letters of administration of the Will. 3. The case of the plaintiff is, that the property in question originally belonged to one Jogendra Bhushan Talukder who bequeathed the same to...... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ..Category: Property Law | Date: | Hits: 183
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......ase is also Reported in: 48 DLR (HCD) (1996) 196. ......urrence house are required to explain as to how the occurrence took place and who killed the deceased and the learned trial Court also made observations to the effect that the accused persons are the proper persons to explain as to how the occurrence took place. 7. It is not denied that Monowara ......ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ..Category: Procedural Law | Date: | Hits: 155
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
.... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ......) (1999) 408. ......rder dated 8-7-96 passed by the Sessions Judge, Brahmanbaria in Criminal Motion No.10 of 1996 should not be set aside or such other or further order or orders passed as to this Court may deem fit and proper. 2. President petitioner Jalaluddin Bhaiyan lodged an First Information Report at Kashba P...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ......e the Election Tribunal who filed the Election Petition stating, inter alia, that he contested the election of 8, Durgapur Union Parishad under PS Mirsarai, in the election that took place on 22-1-92 and that in the polling station of East Durgapur Primary School he secured 194 votes while the petit......erbally and thus he had been declared as Elected Chairman illegally and then he sent written complaints to the authorities including Election Commission and that the Election Commission after holding proper inquiry directed for holding repoll at the aforesaid disputed centre and accordingly, on 10-3......ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ..Category: Election Law | Date: | Hits: 248
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......CD) (1999) 400.......arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400....... made there remained no ground for the commencement of the case afresh and by the consequential relief the nature and character of the suit could not be changed. 10. Feeling aggrieved by the above adjudication, the defendant No.1 as petitioner approached this Court in an application under section..Category: Civil Law | Date: | Hits: 200
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....s lies on the defendant to prove his part of the story. It is the clear finding of the trial Court that the defendant No.1 failed to prove her part of the story and her alternative story broke down completely in cross-examination. 7. In the case of Jogesh Chandra Das Vs. Farida Hasan, BCR 1984 ...... sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......t controverting and discussing those parts of the evidence which impressed the trial Court in coming to a contradictory finding. Hence this portion of the finding of the appellate Court is also not a proper judgment of reversal. 11. The appellate Court has found that the defendant-appellant is ......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344...Category: Property Law | Date: | Hits: 133
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ...... (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mahmudul Amin Chaudhury J Fatima Begum (Mst.)....…........................Petitioner Vs. Government of Bangladesh and others.....................opposite parties Judgment October 25, 1989. Result: The R...... any written statement but contested the case. The case of the respondent was that the said Nabijan and her heirs were immigrants and their whereabouts were not known after liberation and as such the property in question is Abandoned Property and the alleged transfers were made without prior permiss......e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ..Category: Labour and Industrial Law | Date: | Hits: 197
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....le from its legal owner. At the request of the said Anglo‑Med, repairs on the ship were being carried out by the Medway Drydock & Engineering Co. Ltd. (Medway), the plaintiff, but before it was completed Anglo‑Med repudiated the contract. As such, the said Medway, the repairers, brought this......neering Co. Ltd. Vs. mv Andrea Ursula (1973) 1 QB 265; David Morgan Vs. Steamship "Castlegate" (1893) AC 38, Owner Of "Arild" Vs. Societe Anonyme De Navigation Hovrani 1923 Lloyd's List Law Rep KB 50 and The "Yuta Bondarovskaya (1998) 2 Lloyd's Law Rep 357. Lawyers Involved: Tania Amir Advocat......irkdale who also commenced their action in rem against the ship. The issue in that case, among others, was whether the oil which had been sold was part of the ship. In that case, the said oil was the property of Birkdale, the owner. In such circumstances, Sheen, J held as follows: "I have doubt t......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460..............parties. Further alleging that the previous executor Shyama Charan namely; 4th Executor who obtained the Letters of Administration in Probate Miscellaneous Case No.20 of 1959, already distributed the properties covered by will to the legal heir according to their proportionate share who are owning a......is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460...Category: Property Law | Date: | Hits: 106
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457.......d. This Case is also Reported in: 51 DLR (HCD) (1999) 457.......ers relying on the statement of some interested witnesses. He has also submitted that there is no evidence to show that unlawful assembly was framed and, as such, conviction under section 147 was not proper and legal. Further, according to him prosecution also could not prove that the petitioners Ba......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457...Category: Criminal Law | Date: | Hits: 109
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....ewaj, as distinguished from a heba or simple gift, is a gift for a consideration. It is in reality a sale, and has also the incidents of a contract of sale. Accordingly, possession is not required to complete the transfer as it is in the case of a heba, and an undivided share (mushaa) in property ca...... hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451....... 1-4 sons of plaintiffs’ son Masimuddin. 3. It is admitted that the plaintiff used to own and possess the entire suit land getting it from her husband Rahimuddin plaintiff also inherited some property from her father. But she had exhausted her paternal property by transfers. The defendants a......as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451...Category: Property Law | Date: | Hits: 103
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447....... Vs. Bangladesh…………….Opposite Party Judgment April 20, 1998. Result: The Rule is discharged. Cases Referred to- Rafizuddin Ahmed Vs. Mongla Barman and others, 43 DLR (AD) 215; Kalyan Krishna Goswami Vs. Madhyapara High School and another, 15 BLD 5......the plaintiffs from their alleged possession in the entire suit land. 13. So to get an order of permanent injunction, plaintiff must prove that the government has granted settlement of the suit property to the plaintiff, at least, prima facie and the plaintiffs have got exclusive possession. D......charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447...Category: Property Law | Date: | Hits: 103
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452....... Result: Both the appeals are allowed. Cases Referred to- Food Controller Vs. Cork, 1923 AC 647; Kennedy 1896(1) Ch. Division 762; 1897 AC 80; 1895 to 99 All ER (reprint) 408; MK Ranganathan and another Vs. Govt. of Madras and others, AIR 1955(SC) 604; Buldeo Narain Singh Vs. United Indian ......d Industries Ltd. are from the same judgment and order dated the 28th August, 1991 passed by the learned Company Judge of this Division in Mattter No.9 of 1987 setting aside the sale of the mortgaged properties of M/s Ashraf Jute Mills Ltd. by the Bangladesh Shilpa Rin Sangstha on 17‑1‑90 in fav...... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452...Category: Company Law | Date: | Hits: 317
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......ssain Ansari, PLD 1955 Sind 282; Amin & Co. Vs. Province of East Pakistan, I8 DLR 629. Lawyers Involved: Dewan A M S Zaman, Advocate‑For the Petitioner. Nazrul Islam Chowdhury and Md. Abdur Rab, Advocates- For the Opposite parties. Appeal from Original Decree No. 42 of ......red in the plaint that there was a dispute between the plaintiff and his father Mvi. Abdus Sobhan since deceased on one hand and Ataur Rahman, his full‑brother on the other hand over their paternal properties and ultimately the dispute was referred to the 7 arbitrators, defendant Nos.1‑6 and dec......nd Ataur Rahman, his full‑brother on the other hand over their paternal properties and ultimately the dispute was referred to the 7 arbitrators, defendant Nos.1‑6 and deceased Abdus Sattar for an adjudication as per terms embodied in the body of the agreement dated 30.6.79. It has been stated in..Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....ve explained that considering the interest of the Government the tender of the petitioner was cancelled. The respondents did not execute any lease deed with the petitioner and so the contract was not complete. So no right has accrued in favour of the petitioner. The tender was cancelled as directed ......ial Original Jurisdiction) Present: AKM Sadeque J Mamur Reza Chowdhury J Shahadat Hossain ...............Petitioner Vs. Executive Engineer, City PWD Division Dhaka and others………………Respondents Judgment March 19, 1992. Result: The......tion that arises is whether the petitioner has any right to protest. From Para 6 of the Affidavit‑in‑opposition it is clear that the tender of the petitioner was accepted and also approved by the proper authority. The petitioner has also deposited royalty as consideration for the lease deed, Eve......d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420...Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
....ic distress. The contention of Mr. Abdul Gafur is absolutely of no substance as it could not be argued by him that simply by finalising the talks and paying the consideration the transfer was legally complete before the registration of the Kabala. 5. The second point raised on behalf of the pe......t DM Ansaruddin Ahmed J.- This Rule issued on an application under section 115 (1) of the Code of Civil Procedure at the instance of the respondent Rahima Begum is directed against the judgment and order passed on 8‑3‑84 by Mr. Mofizul Islam, Munsif, Upazila Sreepur, District Dhaka in Misc......he Alienation of Land (Distressed Circumstances) (Restoration) Ordinance, 1976 (Ordinance No. XXVIII of 1976) (hereinafter referred to as the said Ordinance) vide Case No.3 of 1976‑77. 2. The property in dispute consists of a homestead land 11 acres in area upon which stood a tin‑shed and .......73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414...Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
.... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543....... (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Abu Taher Miah....................................Petitioner Vs. Farazuddin Sarker and others.........................................Respondents Judgment June 13, 1989. Resu...... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543.......faulter on 10.1.84. Further, from annexure B to the affidavit-in-opposition it appears that the outstanding dues were cleared and the bank directed its advocate to withdraw the suit. So, there was no adjudication at any time on the point as to whether the respondent No.1 was at all a defaulter or no..Category: Election Law | Date: | Hits: 216
....mly of the opinion that the Administrative Tribunals Act, 1980 ought to be interpreted in such a manner that consistent with the constitutional provision and legislative intent it may provide for a complete and self-sufficient remedy to the affected parties.
25. For the above reasons we do not ......ecial Original Jurisdiction)
Present:
Mustafa Kamal J
Md. Mozammel Hoque J
Saifur Rahman..................Petitioner
Vs.
Bangladesh through the Secretary, Ministry of Agriculture and others...............Respondents
Judgment
June 12, 1989.
Result:
The Rule is dischar......persons in the service of the Republic, including the matters provided for in Part IX and the award of penalties or punishments;
(b) the acquisition, administration, management and disposal of any property vested in or managed by the Government by or under any law, including the operation and man...... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538...
Category: Administrative Law | Date: | Hits: 445
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
.... procedure as laid down in Order 41, rule 27, C.P.C. should be resorted to. Besides this there was sufficient evidence on record before the learned District Judge to dispose of the appeal finally and completely. 9. This kind of practice of deciding an appeal partly leaving some questions at issue...... Kharshed Ahamed & others.............................Respondents Judgment September 2, 1984. Result: The application for revision is allowed. Cases Referred to- Seth Nanhelal and another Vs. Umrao Singh and another, 35 CWN 381 (387); Jyotish Chandra Chakraborty Vs. Hem Cha......reiterated the principle of conversion by quoting with approval a portion of commentary on section 115, C.P.C. "Where an appeal is preferred in a case in which no appeal lies, the High Court may in a proper case treat the memorandum of appeal as an application for revision is made in a case and deal....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ..Category: Property Law | Date: | Hits: 115
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