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Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108....... Islam J Badrul Haider Chowhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Altaf Miah………………………………………………………Appellant Vs. Md. Anwar Hossain and another………………..Respondent Judgment May 18, 1982. Result: The appeal is d...... by the District Judge. Facts necessary for answering the question may be stated thus: One Omar Miah, the paternal grand-father of the appellant and respondent No.1 created a Waqf with respect to his properties by the Waqfnama dated 26th Bhadra, 1338 BS corresponding to September 12, 1931. One of th...... contemplated under section 51, passed an order under section 43 in favour of one of the two persons to act as Mutwalli for a specified period, and thereby driving the parties to the Civil Courts for adjudication, in that case, in my opinion he would be failing in his duties as conferred under the W..Category: Trust/Waqf Law | Date: | Hits: 188
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is disÂcharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ...... This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......ement in service. 3. The said case was contested by the 2nd party Management who entered appearance and by filing a written objection suiting that the petitioner was disÂmissed from service after proper enquiry and after afÂfording him opportunity to show cause and he was found guilty of unauth......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is disÂcharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ..Category: Labour and Industrial Law | Date: | Hits: 177
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....e, if any, for vindication of his right, if so adÂvised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......r Vs. Md. Aminuddin & Others.........................Respondents Judgment February 16, 1989. Result: The Rule is discharged. Cases Referred to- 34 DLR 147; Shahabuddin Iskandar Vs. Bangladesh Election Commission & others, 27 DLR 475; Amjad Hossain Howlader Vs. Govt. ......esiding Officer submitted the same report to the Returning Officer and thus after the conÂsolidation of the results of all the polling centres of the Union Parishad, the election result was duly and properly announced declaring the respondent No.1 as the Chairman of Malonchi Union Parishad. The res......e, if any, for vindication of his right, if so adÂvised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ..Category: Election Law | Date: | Hits: 171
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......o Reported in: 41 DLR (HCD) (1989) 246. ......is apparent from the records that the search and seizure of the alleged adulterated tablets have been conducted by unauthorized persons, the capsules seized and sent to the Government Analyst without proper scaling and signing of the same in violation of the law as provided under the Drugs Act. Not ......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ..Category: Criminal Law | Date: | Hits: 83
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....e programme is very important for the developmental work and the same will have far reaching effect in the developmental programme of Bangladesh. ‘Compartmentalization Pilot Project, ‘CPP’, has completed an elaborate Environmental Impact Assessment, shortly ‘EIA’. ‘EIA’ for ‘CPP’ s......Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J A K Badrul Huq J Dr. Mohiuddin Farooque..................Petitioner (In Writ Petition No. 998 of 1994) Sekandar Ali Mondol.................Petitioner (In Writ Petition No. 1576 of 1994) Vs. Bangladesh......ution, called in question the activities and implementation of ‘FAP’-20’, undertaken in the District of Tangail apprehending environmental ill effect of a Flood Control Plan affecting the life, property, livelihood, vocation and environmental security of more than a million of people of the Di......ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ..Category: Environmental Law | Date: | Hits: 1051
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....s also been contended on behalf of the petitioner that a right has accrued in favour of the Nikah Registrars who were temporarily appointed and continued to discharge their functions as such and have completed more than 2 years as such Registrar, they shall, subject to the provision of rule 10 be gr......ial Original Jurisdiction) Present: KM Hasan J Md. Awlad Ali J Nur Mohammad Fakir…………………Petition Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh and others………â€....../91 dated 29-1-1996 (Annexure-B) should not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders as to this Court may seem fit and proper. 5. The facts as stated in Writ Petition No.1840 of 1994, in short, are that the petitione......on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ..Category: Civil Law | Date: | Hits: 90
Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)
....ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ...... records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......osit rent without passing any order on the prayer as to non-issuance of the rent receipts by the landlord. It was also stated by the landlord that she required the suit premises for her own use; that proper notice under section 106 of the Transfer of Property Act was also served on the defendant for......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ..Category: Property Law | Date: | Hits: 64
GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)
....rong in the vicinity. At about 11‑47 AM the engine room informed the Master, that a fire broke out in one of the main engine compartments. As such the vessel had to stop the engines immediately and completely. The port anchor was dropped, and the anchor ball and the signal that the vessel was not ......ates‑For the defendant (In Admiralty Suit No.33 of 1995). Dr. M Zahir with Md. Muniruzzaman Khan Advocates‑For the Plaintiff (In Admiralty Suit No.13 of 1996). M Hafizullah with SK Siddique and Al-Amin Sarker, Advocates‑For the Defendant Nos.1 & 2 (In Admiralty Suit No.13 of 1996). ...... the cross‑claim made by MV Hawai Splendour in Admiralty Suit No.33 of 1995 or in Admiralty Suit No.13 of 1996. 24. Dr. M Zahir submits that in the aforesaid situation it would be quite just and proper of the proceeding of the principal cause i.e. Admiralty Suit No.33 of 1995 is suspended until......6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122...Category: Admiralty Law or Maritime Law | Date: | Hits: 353
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......urt High Court Division (Civil Revisional Jurisdiction) Present: MM Ruhul Amin J Hakim Ullah……………………………………………………….Petitioner Vs. Mutaleb and others…………………………………...Opposite Parties Judgment January 18, 199......ile and number after striking out the name of Abdul Hashim and bringing the opposite parties on record as respondents or such other or further order or orders passed as to this Court may seem fit and proper. 2. As in both the Rules parties are the same and common question of law is involved, thes......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118...Category: Procedural Law | Date: | Hits: 70
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......ner Vs. Bangladesh Water Development Board…………………………………….Opposite Party Judgment May 28, 1996. Result: The Rule is discharged. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate-For the petitioner. Abdul Wadud Bhuiyan, Additional Attorney-G......f the contract works. The petitioner maintained his organisation and staff and continued the work as far as possible awaiting final instruction and order from the opposite party but instead of giving proper instruction in the circumstances the opposite party terminated the contract which caused seri......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......Court High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J KM Hasan J Dr. Ahmed Sharif……………………………………..Petitioner Vs State and another……………………………………Opposite Parties Judgment August 1, 1994.......he Privy Council is concerned we feel that the learned Advocate for the petitioner has misdirected himself. The Magistrate Gopalgonj had jurisdiction to try the case if it was presented before him in proper from. This is not a case of coram non judice. 12. The petitioner ought to have surrendere......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ..Category: Criminal Law | Date: | Hits: 70
Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)
....rcumstances should be of a conclusive nature and tendency and they should be such as to exclude every hypothesis but one proposed to be proved. In other words there must be a chain of evidence so far complete as not to leave any reasonable ground for conclusion consistent with the innocence of the a....... Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ..Category: Criminal Law | Date: | Hits: 56
Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)
....hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......itiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......7, in course of hearing argument of the suit in the trial Court. Plaintiffs claimed title and possession in the said land by successions and transfers asserting that RS Khatian in respect of the suit property was wrong and that they purchased in the benami of another person. 3. Suit was contested......hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ..Category: Civil Law | Date: | Hits: 86
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......if Ahmed…………………………………………Opposite Party Judgment June 22, 1994 Result: The rule is discharged. Cases Referred to- Mohammad Salim Vs. Md. Siddick Jamal and others 22 DLR 841; Ahmed Shan Khan Vs. Abdul Barkat;11 DLR 427; Abdul Khalek Mia Vs. Maya Debi a......, Comilla in SCC Suit No.10 of 1985 rejecting an application under section 23 of the said Act should not be set aside or such other or further order or orders passed as to this court may seem fit and proper. 2. The short facts giving rise to this Rule may be stated as follows: The opposite par......order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89...Category: Property Law | Date: | Hits: 59
Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)
....nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150.......1979) 150.......sed by the High Court Division. 2. The Sub-Divisional Magistrate, Sadar, Khulna, drew up proceedings under section 145 Cr. P.C. by his order dated 11-7-77 and on the same day attached the disputed properÂties, namely, two rice mills and appointed the Circle Officer (Rev.) as receiver. On the fol......nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150...Category: Criminal Law | Date: | Hits: 69
....on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
......1979) 145.
...... Jagannath Vs. State of Orissa has much relevance which he has held that an order expressed disjunctively reveals casualness or carelessness of mind and such order cannot be sustained as there was no proper application of mind of the detaining authority.
10. There is another aspect in the detenti......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
..
Category: Criminal Law | Date: | Hits: 103
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......inquired into the statement. During inquiry, he found that the name of the business centre of appellant No.1 was 'Khanjahan Ali Paribahan'. In the statement of assets appellant No.1 showed immoveable properties of Tk. 1,50,25,750/- and moveable properties of Tk.69,30,350/- in the name of his wife an......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ..Category: Criminal Law | Date: | Hits: 108
.... of Tk.84 and odd lacs. The plaint case is that Respondent 1 was employed by Appellants in the year 1973, under an agreement dated 13-12-73 for reconstructing Jetties 1-6. Soon after Respondent 1 had completed a part of the work, prices of all materials shot up, resulting in the corresponding increa...... is also Reported in: 31 DLR (AD) (1979) 138.
......ferred in accordance with the arbitration agreement and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, such authority may make an order staying the proceedings."
It...... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ...... March 30, 1988. Result: The appeal be allowed. Cases Referred to- Tofail Ahmed Vs. Ahmed AIR 1938 Nag 177; Gopal Krishna Sil, 34 CLJ 319; Gopal Krishna Sil. Vs. Abdus Samad Chowdhury and others, 34 CLJ 319; Shafatullah and others Vs. Munshi Ainuddin and others, PLD 1964 (Dac.) 52, A......is needless to say that one should not drink water from the tank where cattle are bathed. The other aspect is 'reasonableness' the claim of the plaintiffs customary right is with regard to the entire property belonging to the defendants. The defendants have to be restrained from making constructions......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......llants. B.K. Das with Miftahuddin Chowdhury, AdvoÂcates - For the Respondents. Second Appeal No. 314 of 1973. Judgment Abdul Bari Sarker J.- This appeal is directed against the judgment and decrees passed by Mr. K.M. Hossain, Additional District Judge, Second Court, Sylhet in Title ApÂ......y to go to Calcutta, they could not execute any kabala. The VenÂdors also placed their other lands in charge of the defendant at the time of leaving for Calcutta and promised to execute and register proper kabala in faÂvour of the defendant after their return to the then East Pakistan. They howeve......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223...Category: Property Law | Date: | Hits: 66
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