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Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)
.... Bangladesh and others..................................Respondents Judgment March 4, 2001. Result: The Rule is made absolute. Since the Court of Settlement has found that the case property cannot be enlisted as abandoned property, the petitioner is entitled to get back possession...... High Court Division (Special Original Jurisdiction) Present: Bijan Kumar Das J Faruque Ahmed J Javed Alam (Md.).........................................Petitioner Vs. Bangladesh and others..................................Respondents Judgment March 4, 2001. Result: ......ng with his family started living in Dhaka keeping the case property under control of the employees and servants during war of liberation due to fear of life and that in March, 1972 some miscreants illegally took over possession of the house from the said employees and servants and the representatio..Category: Property Law | Date: | Hits: 106
Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
....akari Aporadh (Druto Bichar) Adalat, Dinajpur in Hakimpur PS case No.5, dated 13-3-2007 should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. The prosecution case, in short, is that on 13-3-2007 at 17-15 hours the informant Anzu......or the State. Criminal Revision No.1062 of 2007. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Dinajpur, to show cause as to why the judgment and order Dated 12-8-2007 passed by the learned Special Sessions Judge, Dinajpur in Criminal Appeal ......er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ..Category: Criminal Law | Date: | Hits: 87
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
.... Court while reversing the same did neither advert to the finings arrived at by the trial Court nor did he consider the evidence adduced in the case as such the impugned judgment of reversal is not a proper judgment of reversal in the eye of law as such the same amounts to error of law which has res...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Nozrul Islam Chowdhury J Ganendra Nath Mondal………………………Petitioner Vs. Kalipada Mondal and another………………………Opposite Parties Judgment January 11, 2011. Result: ......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449...Category: Property Law | Date: | Hits: 79
Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
....ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515.......ourt concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515.......ption case to file and number. 7. For the foregoing discourse the inevitable conclusion that flows is that Miscellaneous Appeal before District Judge was not tenable in law. The question posed and legal controversy, thus, stand disposed of. 8. This takes me now to propriety and legality of Jud..Category: Procedural Law | Date: | Hits: 104
....enable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law."
18. Mr. Khondaker argued......sent:
MA Aziz J
Md. Shamsul Huq J
Al-Amin Construction Co. Ltd..........................................................Petitioner
Vs.
Government of the People's Republic of Bangladesh and others……………Respondents
Judgment
May 10, 2001.
Result:
The Rule is dispo......ng him to submit a report within 7 days followed by another letter by the Ministry to the said Additional Chief Engineer on 3‑10‑2000 directing him to submit report within 2 days failing which legal action would be taken against him. In consequence whereof the said Additional Chief Engineer ..
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....ctors were held he kept no minutes of such meeting and he recorded no observations, comments, deliberations and objections made by other directors. The Annual General Meetings of the Company were not properly and regularly held and the minutes were not recorded accurately. He used to prepare the min...... This Case is also Reported in: 44 DLR (HCD) (1992) 371. ....... He used to prepare the minutes of the meetings suiting his own purpose ignoring the actual deliberations or objections taken by others. The accounts of the Company had not been properly kept. The illegal and fraudulent activities of respondent No.2 increased by leaps and bounds as he, grew older a..Category: Company Law | Date: | Hits: 225
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....ustoms and Excise) Cadre and if so how should their seniority be determined. After receiving the reply from the Ministry of Establishment a final decision could be made about these officers on making proper evaluation about their performance whilst under deputation.” 13. A copy of the minutes o......sh Vs. Saifuddin Ahmed, 50 DLR (AD) 27; 3 BLC (AD) 6. Lawyers Involved: M Amir-ul Islam, Advocate - For the Petitioner AM Aminuddin, Assistant Attorney-General - For the Respondent Nos. 1, 5 and 6. Mahmudul Islam, Advocate - For the added-Respondent Nos. 7-10. Abdur Rab Chowdhury, Adv......nnexure-O and O(1). Accordingly, the Ministry of Commerce, respondent No.5, sent a Memo on 29-5-95 to the Hon’ble Prime Minister recommending for abolition of the 23 posts while confirming that the legal requirement for abolition of these posts as laid down in BCS (Trade) Cadres Organogram and Cad..Category: Employment/Service Law | Date: | Hits: 216
Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)
.... 151 of the Civil Procedure code could not be thrown out in limine on the ground of maintainability and the learned Subordinate Judge should have treated the application under section 151 C.P.C. as a proper application and should have heard and disposed of it on merits. In the result, the rule is......Comillah Bench) (Civil Revisional Jurisdiction) Present: Nurul Huque Bhuiyan J Rehanuddin & others………………………………………Petitioners Vs. Abdul Hakim Maser and others…………………….Opposite-Parties Judgment September 14, 1986. Result: ......cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21...Category: Procedural Law | Date: | Hits: 106
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
.... station, fully described in the Agreement (Bainapatra) (subsequently described as the arbitral agreement), executed between the appellants and the present respondent on 4-8-1999 for sale of the said property at a consideration of Taka 3,68,00,000. As per terms of the said agreement, the present res......eported in: 63 DLR (HCD) (2011) 432. ......n 105 of the Code of Civil Procedure as a principle of statute. Lastly, he submits that the learned District Judge, by appointing the nominee of the respondent as the sole Arbitrator, has committed illegality which is malice in law. As such, the appointment is contrary to the arbitration agreement. ..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....the Court of Appeal has ordered a new trial. It would, however, remain unlikely that a contempt would be committed in practice through the possibility of prejudicing a pending appeal or of exerting improper pressure upon a party to induce him to refrain from appealing." In the same book at pag...... Jurisdiction) Present: ARM Amirul Islam Chowdhury J Md. Sirajul Islam J Dr. Md. Mahiuddin..............................Petitioner Vs. Dr. Hasanuzzaman Chowdhury and others ................................Opposite‑parties Judgment March 29, 1992. ......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535...Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....ticle 31 of the Constitution, malafide, arbitrary and has been made without any lawful authority in violation of fundamental rights as guaranteed under the Constitution and thus being illegal and improper is of no legal effect. The learned Counsel submits that the satisfaction of the detaining a......gladesh, 31 DLR (AD) 1; Rawshan Bejoya Shawkat Ali, 18 DLR (SC) 214; Mrs. Sajaeda Parveen Banu, 40 DLR (AD) 178. Lawyers Involved: Amir‑ul Islam with Mesbahuddin, Md. Ruhul Amin Bhuiyan and Enayet Hossain, AdvocatesFor the Petitioner. Amirul Kabir Chowdhury, Deputy Attorney Gen......lation of Article 31 of the Constitution, malafide, arbitrary and has been made without any lawful authority in violation of fundamental rights as guaranteed under the Constitution and thus being illegal and improper is of no legal effect. The learned Counsel submits that the satisfaction of the..Category: Criminal Law | Date: | Hits: 156
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....uit for a declaration of title and confirmation of possession in respect of the land described in the schedule of the plaint. The case as set up in the plaint may briefly be stated thus: 3. The properties described in schedule Ka to Uma in the plaint was originally owned and possessed by Jamar...... Abul Hossain Molla & others…………..Respondents. Judgment May 7, 1991. Result: The appeal is allowed. Case Referred To- Habibur Rahman Vs. Abdul Wadud and others, 21 DLR page 382. Lawyers Involved: Abdul Hamid Chowdhury, Advocate-For the A...... possession of certain portion of the land in suit, the only remedy for plaintiff lies in filing a regular partition suit it defendant Nos.8 and 9 are found to have transferred and in excess of their legal share. On these findings the learned Additional District Judge allowed the appeal on setting a..Category: Property Law | Date: | Hits: 122
Abdul Aziz Vs. State, 1990, 29 CLC (HCD)
..../34 of the Penal Code and acquitted them of the charge. 6. Mr. Gour Gopal Saha submits that the court of first instance committed an illegality leading to miscarriage of justice in not awarding proper sentence against the Respondents. He has taken me through the judgment of the court below and....... No One ‑ For the Respondent. Criminal Appeal No. 49 of 1989. Judgment AM Mahmudur Rahman J.- This is an appeal at the instance of the informant from an order of conviction and sentence passed against the accused‑Respondents Jahangir Alam and Sarwar passed by the Session......sed persons not guilty of the charge under sections 148/302/34 of the Penal Code and acquitted them of the charge. 6. Mr. Gour Gopal Saha submits that the court of first instance committed an illegality leading to miscarriage of justice in not awarding proper sentence against the Respondents. ..Category: Criminal Law | Date: | Hits: 110
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....he Labour Court, established under the Industrial Relations Ordinance, 1969 as amended up to date. I do thus agree with Mr. Zainal Abedin that the plaintiffs are workers, that the Labour Court is the proper forum for redress of their grievance and that civil Court has no jurisdiction to entertain th......urt High Court Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Pubali Bank Limited ............Petitioner Vs. Monsur Ali Akanda and others………….Opposite Parties Pubali Bank Limited…….......Petitioner ......n 22nd September, 1981 terminating their employment. In the circumstances they brought two suits against the said Bank and its concerned officers for declaration that the orders of termination were illegal, mala fide and without jurisdiction and not binding upon the plaintiffs and that they were sti..Category: Labour and Industrial Law | Date: | Hits: 176
Liton Vs. State and others, 1995, 24 CLC (HCD)
.... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ......) (1996) 102. ...... an affirmatory section. Nevertheless the High Court Division entertains under this section only those applications which are not contemplated by the Code of Criminal Procedure. 3. In view of this legal position the High Courts of our sub‑continent used to quash criminal proceedings Pending in ..Category: Procedural Law | Date: | Hits: 140
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......ourt Division (Criminal Miscellaneous Jurisdiction) Present: Md. Mozammel Hoque J Md. Tafazzul Islam J SA Alim ..................................Appellant Vs. Dr. Md. Golam Nabi and another……………………………………….Respondents Judgment November 3, 199......the effect that Advocate Mr. Mozammel Hoque Shakhidar had instituted a criminal case against him and in that criminal case the Members of the Joypurhat Bar Association should not appear or render any legal assistance to Mr. Golam Nabi and others who are accused in that criminal case. This type of re..Category: Others | Date: | Hits: 139
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
....been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ......dent Lieutenant General (Rtd.)]..............Petitioner Vs. State ............Opposite Party Judgment November 9, 1995. Result: The Rule is made absolute. Lawyers Involved: Khandker Mahbub Hossain with Golam Kibria, Md. Afzal Hossain, Md. Harun‑or‑Rashid and Khurshida Bi...... that no person who is arrested shall be detained in custody without being informed, as soon as may be of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of the choice. Section 304(1) of the Code of Criminal procedure provides that any..Category: Criminal Law | Date: | Hits: 121
KM Mahmudur Rahman and others Vs. State, 1995, 24 CLC (HCD)
....by the prosecuting Officer on 26.11.88 there was no Government order for revival of the case and before the revival of the said case Government order was received and in pursuance of the said order a proper application for revival was filed by the said prosecuting officer through the said appointed ......s also Reported in: 48 DLR (HCD) (1996) 92. ......municated by the Director General. 6. Last contention of the learned Advocate for the petitioners is, that Marine Court was not property constituted on 29.11.88 and, as such, order of revival is illegal. Section 47 of the Inland Shipping Ordinance, 1976 provides that a Marine Court, shall be cons..Category: Criminal Law | Date: | Hits: 88
Mizan Howlader Vs. Bangladesh, 1995, 24 CLC (HCD)
....stated above, this petition fails and is liable to be rejected. Accordingly, we reject this petition without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 91. ...... Mahfuzur Rahman J Mizan Howlader...............Petitioner Vs. Bangladesh, represented by the Secretary in the Ministry of Establishment, Government of the People’s Republic of Bangladesh and another...............Respondents Judgment July 12, 1995. Result: The petition is re......any lawful authority and the name "Bakerganj" in place of "Barisal" is to be inserted therein. 2. In order to invoke our jurisdiction under Article 102 the petitioner is to establish that he has a legal or constitutional right to maintain this petition. Secondly, he is a person aggrieved for infr..Category: Constitutional Law | Date: | Hits: 247
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....t the defendant may still fail to file a written statement. In a large majority of cases the trial Courts invariable fix cases for ex-parte hearing, if the defendant so fails. This, however, is not proper, because a case can be fixed for ex-parte hearing only under Order IX, rule 6 and Order XVII,......ginal Jurisdiction) Present: Mustafa Kamal J AM Mahmudur Rahman J M/s. Adamjee Jute Mills Ltd.…………………….....................Petitioner Vs. Chairman, 3rd Labour Court and another.....................Respondent Judgment July 20, 1986. Result: The Rule is .......07.1985 (Annexure D) passed by the respondent No.2, Chairman, Third Labour Court, Dhaka in I.R.O. Case No.10 of 1985 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Shortly stated the relevant facts necessary for the disposal of the Rule are t..Category: Procedural Law | Date: | Hits: 180
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