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....eptance of any filing.
In the result, the Rule is made absolute but without any order as to costs.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 1.......987) 1.......High Court Division. These two meetings were held on 15.04.1984 within the time fixed by the High Court Division. Dr. M. Zahir, learned Advocate for petitioners contends that the petitioner-company's legal obligation to hold the 3rd annual general meeting commenÂced from 15.04.1984, Since it held t..
Category: Company Law | Date: | Hits: 306
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132....... High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Dalia Parveen.................petitioner Vs. Bangladesh Biman Corporation and another...……………….Respondents Judgment July 19 & 20, 1995. Result: ...... 1.12.92 passed by the Managing Director and Personnel Manager of the Respondent No.1. The Bangladesh Biman Corporation, should not be declared to have been made without lawful authority and is of no legal effect on filing an application under Article 102 of our Constitution. 2. The Rule arises o..Category: Employment/Service Law | Date: | Hits: 361
.... at Annexure‑D (2) to the writ petition.
In the circumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121.......reme Court
High Court Division
(Special Original Jurisdiction)
Present:
Naimuddin Ahmed J
Md. Ruhul Amin J
Sheikh Roushan Ali...........Petitioner
Vs.
Board of Intermediate and Secondary Education, Jessore and others..........Respondent
Judgment
August 29, 1995.
......the Board vide its Memo No. College 31(2) dated 3.2.85 informed the principal of the College do the Board had decided in its meeting held on 5.1.85 that the order of dismissal of the petitioner was illegal and was not sustainable being in violation of Regulation 12 of the Recognised Non‑Government..
Category: Employment/Service Law | Date: | Hits: 226
Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)
....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...... This Case is also Reported in: 48 DLR (HCD) (1996) 121.......he Authority held on 31.7.90 as circulated by Memo No.1517 (Admn), dated 14.8.90 (Annexure‑H to the Petition), should not be declared to have been made and issued without lawful authority and of no legal effect and why a direction should not be given for canceling or withdrawing the said Annexureâ..Category: Employment/Service Law | Date: | Hits: 191
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....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 ......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......lavi Bazar, impleading the opposite parties as declaration‑ a) A declaration that the order passed by Defendant No.2 in EC No.15638 Law communicated under his Memo. No.780 Law dated 7.12.78 is illegal, void and without jurisdiction and has not in any way affected the authority of the Dargah Com..Category: Trust/Waqf Law | Date: | Hits: 181
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......‑Party Judgment May 9, 1995. Result: The Rule is discharged. Cases Referred to- Jyoti Prokash Mitter Vs. Hon’ble Mr. Justice HK Bose, the Chief Justice the High Court, Calcutta and another, 1965 (SC) 961; State of Rajasthan and others Vs. Union of India, 1977 (SC) 1361; SP Gup......her stated that the petitioner requested the then Works Minister Md. Shafiqul Ghani to consider payment of the price of the land at 12 equal half yearly installments without interest. The President illegally ordered for allotment of the land at Taka 1 crore per bigha with installment without interes..Category: Criminal Law | Date: | Hits: 111
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....ved by Moulton, L.J. in R.V. Dibdin, (1910) (Prob. Dn.) 57. The same view has been exÂpressed 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 porÂtion of the enactment which immediately preÂcedes ......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 BeÂgum, 37 DLR 18; 36 DLR 93; Abdul Latif & others Vs. Nurjahan Begum...... an Additional Sessions Judge by virtue of the proviso to sub-section (3) of section 9. He discharged the same by the impugned judgment and order dated 27.11.83, holding that he found no procedural illegality in the final order of the learned Magistrate. 5. The present Rule was issued against the..Category: Criminal Law | Date: | Hits: 158
Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)
....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 directÂed upon proper stamp paper, if required. And the Judge shall then execute the document so delivered. This is......s follows. The respondents instituted the aforesaid O.C. Suit No.73 of 1976 against the appellants for speÂcific 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......ny notice to the judgment-debtors and without causing the draft to be served on the judgment-debtors the Court accepted the draft copy merely on the report of the Sherestader. This was abÂsolutely illegal arid unwarranted. However, before any damage was done the judgment-debtor-appellants approache..Category: Property Law | Date: | Hits: 140
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
.... of amendment of the plaint, acceptance of valuaÂtion 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....... Civil Revision No.11 of 1986. Judgment AM Mahmudur RahÂman J.- The petitioner obtained this Rule against an orÂder of amendment of the plaint, acceptance of valuaÂtion put on the plaint and for direction to file replies to the interrogatories made by the Subordinate Judge in a suit for......ted by Mr. Mokbul Ahmed also laid down the same principle I refrain myself from discussing those decisions. In the light of the aforesaid judicial pronouncement I have no hesitation to hold that no illegality has been caused by allowing the amendment of the plaint by the learned Subordinate Judge. ..Category: Procedural Law | Date: | Hits: 133
Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)
....roceeding with the case and tryÂing and disposing it of. The petitioner had been conÂvicted and sentenced to 10 years' rigorous imprisonÂment 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......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...... 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
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....e aforesaid Khatian originally beÂlonged to Syed Ashraf Ali, the father of respondent No.4, and Syed Ashraf Ali gifted the same to his wife Syeda Aktarunnessa Khanam in lieu of her dowÂer. The said property was sold in auction for arrears of rent and was purchased by Keramat Ali when Syed Ashraf A......mal J Mahmudul Amin Choudhury J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by SecÂretary, Ministry of Land AdminÂistration and Land Reforms and others..................................Respondents (In Wr......5 the petitioners filed an applicaÂtion before the respondent No.1 for setting aside the ex parte impugned order Annexure M on review on grounds, inter alia, of want of jurisdiction and palpaÂble illegality. But by memo No.VIII-604/85/1054/ 1(2) dated 26.10.85 the respondent No.1 rejected the revi..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....Division Bench held that the question of encroachÂment 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 noÂtices were not attracted by section 143 of the......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 ......he impugned notices of any encroachÂment, over or under a street, drain or a public place. The allegations on the contrary were that the petiÂtioners were carrying on business by setting up shops illegally without any valid permission. The Division Bench held that the question of encroachÂment ar..Category: Property Law | Date: | Hits: 145
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....Mohubullah @ Mohibullah under secÂtions 302/34 of the Penal Code and conviction of apÂpellant 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......DLR (HCD) (1989) 349....... the Penal Code for murdering Lechu Bibi and whether appellant No.3 Sabjan Bibi by her acts caused any evidence of the offence of murder to disappear with the intention of screening the offender from legal punishment. To get the answer of this questions we are to discuss, analyse and consider the ev..Category: Criminal Law | Date: | Hits: 101
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment March 15, 1995. Result: The reference is rejected. The Criminal Appeal No.654 of 1992 is dismissed. The Jail Appeal No.749 of 1992 and Jail Appeal No.1761 of 1992 are dismissed. Cases Referred to- Woolmington Vs. Director of......r the evidence of interested witnesses having enmity and litigation provided Court takes due care and precaution in the assessment of such witnesses. Court is under solemn duty to assess the evidence legally not only to secure the conviction of the accused but also to record an order of acquittal. ..Category: Criminal Law | Date: | Hits: 139
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....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......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 ......ode no offence, was disclosed against the Petitioner. He further submits that the petitioner is within his right as a journalist to publish in good faith substantially correct report concerning the illegal activities of a public servant for the public good and no rejoinder was sent by the complainan..Category: Criminal Law | Date: | Hits: 125
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
....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...... 173. ......urt of the Assistant Judge, 3rd Court was passed inadvertently and he vacated that order. In the present revision the order dated 28.8.93 has been impugned. In my considered opinion I do not find any legal infirmity in the impugned order. 3. However, today I am concerned with the present applicat..Category: Procedural Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....stator donor, or of any relation by consanguinity within three degrees of the testator of donor." Transfer in question was made on 31.1.80. Opposite party 1 had validly and legally transferred the property in question by way of gift by Ext. A to her husband opposite party 2 on 7.4.80. It was endo......n: 48 DLR (HCD) (1996) 170. ......ment preemption is barred under sub‑section (10)(c) of section 96 of the Act; do before filing of the pre‑emption case against the opposite party 1 she had already gifted ft case land validly and legally to her husband opposite party No.2 and, as such, at the time of filing of the pre‑emption ..Category: Property Law | Date: | Hits: 127
....olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376.......
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376.......sued under Rule 50(2) of Bangladesh Public Administration Training Centre Employees Service Rules 1992 by respondent No.3 should not be declared to have been passed without lawful authority and of no legal effect.
3. Momshad Reza petitioner in Writ Petition 977 of 1998 alleged that he was appoint..
Category: Employment/Service Law | Date: | Hits: 160
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
.... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373....... M A Rouf Assistant Attorney-General - For the State. Death Reference No.13 of 1994. Judgment Abu Sayeed Ahammed J.- This Death Reference No.13 of 1994 has been made by the impugned judgment and order dated 10-7-94 passed by the Sessions Judge, Kishoreganj in Sessions Case 93 of 1993 awardi......dence on record and considering the oral, testimony of all the witnesses very carefully, as we see, found the condemned prisoner guilty under section 302 of the Penal Code and acquitted (Saleha Begum legally and correctly). 10. Mr. Khorshed Alam Khan, the learned Counsel for the condemned prisone..Category: Criminal Law | Date: | Hits: 130
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....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.......se is also Reported in: 51 DLR (1999) (HCD) 368.......endment of section 5A of the Criminal Law Amendment Act, 1958 after amendment of the provisions of sub-section (5) of section 167 of the Code of Criminal Procedure in 1992. 9. In view of the above legal position, we find no substance in the contention of Mr. Islam that the proceedings should be q..Category: Criminal Law | Date: | Hits: 108
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