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Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....dvocate — For the Opposite Party. Civil Revision No.108 of 1986. Judgment Qazi Shafiuddin J.- This rule was issued calling upon the opposite party to show cause why the judgment and decree dated 27.2.86 and 9.3.83 respectively passed by the learned Additional District Judge, in Title Appe......e plaintiff is situated to the contiguous south of the 1st schedule land and they are using the second schedule land as pathway since the time of their ancestors beyond 20 years within the knowledge, notice and acquiescence of the defendants petitioners peacefully and without any inÂterruption. Fur...... Suit No.245 of 1975 should not be set aside. 2. A suit being T.S.No.254/1975 was filed by the plaintiff opposite party against the defendants peÂtitioners in the 1st Court of Sadar Munsif Sylhet for declaration of his right of pathway over the disputed second schedule land of the plaint which i..Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....torney General—For the ResponÂdent. Writ Petition No. 67 of 1988. Judgment Habibur Rahman Khan J. - This Rule Nisi was issued calling upon the Respondent to show cause as to why the order dated 17.10.87 issued by the Secretary, Ministry of Local Government; Rural Development and Co-opera......old Public OfÂfice on being elected by the people being a valuable right can not be taken away or interrupted so easily by way of placing the petitioner under suspension abruptly without issuing any notice to show cause affording him an opportunity of being heard and, therefore, the order of suspen......tion of the office the petitioner has been disÂcharging his function as Chairman of the Parishad to the satisfaction of all concerned. The term of the ofÂfice of the Upazila Chairman previously was for 3 years and thereafter it was extended for a period of 5 years by way of an amendment of section..Category: Others | Date: | Hits: 175
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
....es, are that the petitioner JalaÂluddin was put on trial along with other 10 accused persons in Manikganj P.S. Case No.14(6)/79 under sections 395/397 of the Penal Code. It appears from the judgment dated 29.9.85 passed by the Additional Sessions Judge, Manikganj that the petitioner Jalaluddin was ......rthÂwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......etitioner and on the opposite party as well to show cause why the order of acquittal of the petitioner in Sessions Case No.63 of 1984 should not be set aside and the said case should not be sent back for retrial or to pass such other or further order or orders as to this Court may seem fit and prope..Category: Criminal Law | Date: | Hits: 101
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
....posite Party No.1. Civil Revision No.232 of 1989. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against the judgÂment and order dated 5.3.89 passed by the Election Appellate Tribunal and the learned District Judge, Narshingdi in......he resignation of a dealer is the District Food Controller and not the Upazila Food Officer. Besides, in the dealership licence, Clause 10 (Cha) stipulates that the dealer has to serve 4 weeks' clear notice before severance of dealership. It is also in evidence that the outstanding accounts between ......is election on the ground that the petitioner was a dealer in essential commodities appointed by the Government and remained so till the date of filÂing of nomination paper on 10.1.88 and was thereÂfore disqualified to be elected or nominated as a Chairman under section 7(i)(f) of the Union Parish..Category: Election Law | Date: | Hits: 187
National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
....pposite Party No.1. Civil Revision No.164 of 1986. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 26.12.85 passed by the learned Additional District Judge, 3rd Court, Dhaka in Title Appeal No.......atter. Therefore, we do not find any ground for interference. In the result, the Rule is disÂcharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103....... the appeal and reversing the judgÂment and order dated 1.11.83 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Title Suit No.116 of 1983. 2. The plaintiff-opposite party filed the aforesaid Title Suit for a declaration that the plaintiff is the sponsor Director of National Bank Lt..Category: Business or Commercial Law | Date: | Hits: 282
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
.... wife of the detenu Ansarul Huq who was Ex-Manager, Agrani Bank, Khatunganj Branch, Chittagong. Upon an F.I.R. lodged by the Inspector of PoÂlice, Anti-Corruption Department, Kotwali P.S. Case No.12 dated 16.7.86 under sections 420/409/ 467/468/471/447/109 of the Penal Code read with section 5 (2) ...... file an affidavit-in-opposition, but the respondents have neither entered any appearance nor filed any affidavit-in-opposition. 12. When the matter came up for hearing before us we ordered that a notice be issued by special mesÂsenger calling upon the respondent Nos.1 and 3-6 to produce that de......etenu Ansarul Huq, son of late Azizul Huq, Ex-Manager, Agrani Bank, Khatunganj Branch, Chittagong at present of 86/1, Dhaka Nagar Lane, Dhaka, now detained in Chittagong Jail, should not be brought before this Court, so that this Court may satisfy itself that the said detenu is not being held in cus..Category: Criminal Law | Date: | Hits: 107
Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)
....e submits that on 14.7.87 Mr. Akhlakur Rahman Chowdhury, the learned Special Tribunal No.11, Bogra received the case record for trial and all along he presided over that Tribunal till 4.9.88 on which date the accused petitioners filed an application under section 339C of the Code of Criminal Procedu......f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ......e, Dupchachia, Bogra alleged, inter alia, that on 2.8.86 at about 8 P.M. the accused petitioner No.1 with the help of accused petitioner Nos.2 and 3 enticed away his marÂried daughter from his house for immoral purpose and forcibly confined and concealed and collusivley created a forged kabinnama. ..Category: Procedural Law | Date: | Hits: 112
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
..... Civil Revision No.1608 of 1992. Judgment Syed JR Mudassir Husain J.- This Revision application under section 115 of the Code of Civil Procedure is directed against the Judgment and decree dated 27.2.92 passed by the learned Subordinate Judge, 4th Court, Dhaka in Title Appeal No.173 of 19......r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161....... Judge, Additional Court, Dhaka in Title Suit No.27 of 1989. 2. The Rule was issued at the instance of defendant Government calling upon the plaintiff‑opposite party to show cause as to why the aforesaid Judgment and decree of the Courts below should not be set aside. 3. The opposite party i..Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....ther for disposal as common question of law and facts are involved. 2. In Criminal Revision Nos.1127 of 1994 and 1129 of 1994 Rules were issued asking the opposite Parties to show cause why orders dated 27.5.94 and 29.5.94 passed in Sessions Case Nos.3 of 1994 and 27 of 1994 respectively should n......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......ney-General - For the State. Criminal Revision No.1127 of 1994 with Criminal Revision No.1129 of 1994. Judgment Mahmudul Amin Chowdhury J.- These two Criminal Revisions are taken up together for disposal as common question of law and facts are involved. 2. In Criminal Revision Nos.1127 o..Category: Criminal Law | Date: | Hits: 99
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....man Miah filed a First Information Report with the Sonargaon Police Station after taking with him one arrested dacoit, namely, Jahangir. According to his statement, Sonargaon Police Station case No.4 dated 17.9.88 under section 398/394 was lodged and during investigation the witness (P.W.1) came to ......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......ith Md. Khurshid Alam, Advocates - For the Condemned-petitioner. Death Reference No.12 of 1992. Judgment Quzi Shafiuddin J.- Lokman Miah, the condemned‑prisoner (absconding) stood trial before the learned Additional Sessions Judge, Narayanganj under sections 326/302/307 of the Penal Code..Category: Criminal Law | Date: | Hits: 73
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
.....1.91 Sessions Judge Special Tribunal took up the case for framing charge when the accused persons raised objection as to submission of charge-sheet beyond the specified time. By order passed on that date learned Sessions Judge (Special Tribunal) upheld the contention of the accused persons holding ......n Magistrate as the case may be. No power was given to the Sessions Judge or the Special Tribunal to pass an order stopping further investigation and releasing the accused person. It has already been noticed that the accused persons did not raise the question before the Magistrate concerned that tim......etitioner. AS Mamun, Assistant Attorney-General - For the State. Criminal Revision No.3237 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioner is for quashing the order 11.7.91 passed by the District Magistrate, Noagaon reviving Special Tribunal ..Category: Criminal Law | Date: | Hits: 82
Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)
....petitioner, Mojibul Haque is for quashing the proceedings of Special Case No.67 of 1981 pending in the Court of Divisional Special Judge, Dhaka. 2. The proceedings of the case was stopped by order dated 4.11.89 under section 8(a) of the Criminal Law Amendment (Amendment) Act 1987 and thereafter o...... that date. Thereafter on 1.1.90 case was revived on the prayer of the public prosecutor on the basis of the memo of the President’s Secretariat and summons were issued upon the accused persons and notice was also issued upon the sureties to produce the accused persons fixing 25.2.90 for appearanc......am Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.232 of 1990. Judgment Kazi Ebadul Haque J.- This Rule at the instance of the accused petitioner, Mojibul Haque is for quashing the proceedings of Special Case No.67 of 1981 pending in the Court of Divisional Specia..Category: Procedural Law | Date: | Hits: 99
....shmat Ali Assistant Attorney-General - For the Respondent No.2.
Writ Petition No. 1087 of 1994.
Judgment
Habibur Rahman Khan J.- The matter could not be taken up for hearing on merit on the date fixed on 4.6.95 as the petitioner filed an application for referring the matter to the Hon’bl...... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
...... Attorney-General and Mir Hashmat Ali Assistant Attorney-General - For the Respondent No.2.
Writ Petition No. 1087 of 1994.
Judgment
Habibur Rahman Khan J.- The matter could not be taken up for hearing on merit on the date fixed on 4.6.95 as the petitioner filed an application for referrin..
Category: Procedural Law | Date: | Hits: 136
Syed Nazakat Hossain alias Ujjal Vs. State, 1995, 24 CLC (HCD)
....5 wherein it has been hold that the long delay in examining the material witnesses cast a doubt on the whole prosecution case and then submits that P.Ws.4‑5 were examined long after 5 months of the date of incident. 10. Mr. MA Latif, the learned advocate for the State, submits that there are no......r submits that if the dying declaration would have been true they ought to have told the same to P.W.1 who lodged the First Information Report on the next day at 11‑00/10‑00 AM. It is, also to be noticed here that P.W.1 the informant was also in the same tempo by which the victim was taken to th......eal No.191 of 1993. Judgment Md. Gholam Rabbani J.- Appellant Syed Nazakat Hossain alias Ujjal along with accused Amin Rasul alias Sagar since acquitted were charged under sections 302/109, BPC for murdering one Mahbubul Islam And was placed on trial before the 6th Court of Additional Sessions..Category: Criminal Law | Date: | Hits: 88
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....e PetitionerÂ. A J Mohammad Ali, Advocate ‑ For the Opposite Parties. Civil Revision No. 994 of 1989. Judgment Abu Sayeed Ahammed J.- Thus Rule calls in question the Judgment and order dated 26.8.89 passed by the Subordinate Judge, Serajganj in Miscellaneous Appeal No.28 of 1989 allow......pre‑emption case to pre‑empt the said 0.02 acres land of Alauddin on the ground do the transfer was a sale and not exchange, said Baser Pramanik is a stranger and she is a co‑sharer and that no notice was served was section 89 of the said Act. The pre‑emptor further alleged that the transfer.......- Thus Rule calls in question the Judgment and order dated 26.8.89 passed by the Subordinate Judge, Serajganj in Miscellaneous Appeal No.28 of 1989 allowing the appeal and reversing the Judgment and for order dated 25.4.88 passed by the Assistant Judge, Serajganj in Miscellaneous Case 62 of 1985 di..Category: Property Law | Date: | Hits: 89
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....ot unanimous as to whether a rule should be issued and a consequent show cause notice as prayed for Fazle Hossain Md. Habibur Rahman J the Senior Judge of the Bench for reasons stated in his Judgment dated 25.11.91 rejected all the 3 writ petitions summarily holding Âthat section 4 of Act 27 of 199...... Fazle Hossain Md. Habibur Rahman and Abdul Hasib JJ and the said Division Bench after bearing the matter at length was not unanimous as to whether a rule should be issued and a consequent show cause notice as prayed for Fazle Hossain Md. Habibur Rahman J the Senior Judge of the Bench for reasons st......sh moved by Abdus Samad Azad and 6 other Members of the Parliament namely, Suranjit Sen Gupta MP, Tofael Ahmed MP, Mrs. Matia Choudhury MP, Rahmat Ali MP, Md. Nasim MP and Prof. Abdul Hafiz MP prayed for issuance of a Rule calling upon the respondents to show cause as to why the impugned legislation..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....t Muhammad Ansar Ali J.-This Rule issued at the instance of the defendant petitioner in an application under section 25 of the Small Cause Courts Act is directed against the judgment and decree dated 10.9.80 passed by Mr. Hassan Amin, Subordinate Judge and SCC Judge, Pabna in Small Cause Court...... month, but defaulted in paying rents since January, 1968 and as such be became a habitual defaulter; that the defendant was not paying any rent inspite of repeated takers. The plaintiff by issuing a notice under section 106 of the TP Act, terminated his tenancy right after the expiry of September, ...... Rule may be stated as follows: The opposite party as plaintiff filed SCC Suit No.1 of 1977 in the Court of the Small Cause Court Judge (Sub‑Judge) at Pabna against the defendant‑petitioner for evicting him from the suit‑holding. The plaintiffs case, in short, is that he acquired the 'Ka..Category: Civil Law | Date: | Hits: 140
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... an application under Article 102 of the Constitution of the People’s Republic of Bangladesh, a Rule Nisi was issued on 15.8.90 calling upon the respondents to show cam as to why the impugned order dated 16.6.90 as contained in Annexure‑J to the petition and them upon initiation of Criminal Case......0 the respondent No.6 Mr. Mesbahuddin Ahmed, the Deputy Director of Labour, along with one Mr. Atiqur Rahman, Assistant Director of Labour, came to the office of the petitioner No.2 without any prior notice and wanted to enquire on 5 points Wed on a white sheet of paper without any signature. Mr. Ha......e declared to be illegal, without jurisdiction and without lawful authority and are of no legal effect and why the said proceeding should not be quashed. 2. The case of the petitioner, relevant for the purpose of disposal of the Rule, is that the petitioner No.1 is the Chairman of the Board of..Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....us Sukur Pradhan. It was alleged that in the FIR that plot Nos.49 and 49A situated at Kawron Bazar Commercial Area, each plot measuring 21 kathas, were put to auction fixing 5.9.85 at 10-00 AM as the date for holding auction. Accused Abdus. Sukur Pradhan offered highest bid of Tk.1,93,550.00 per kat......cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......minal Revision No. 644 of 1992. Judgment Habibur Rabman Khan J.- This application under section 561A of the Code of Criminal Procedure moved at the instance of the accused petitioner, the former Chairman of DIT (now RAJUK) which a Rule was issued by this court on 24.592 calling upon the ..Category: Criminal Law | Date: | Hits: 81
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....ntre School at Banani, the petitioner with the help of 4/5 persons kidnapped her said minor son against her will. Thereupon she inÂformed the Gulshan Police Station and accordingly G.D. entry No.618 dated 12.4.87 was recorded. She prayed for drawing up proceeding against the petiÂtioner under sect......te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......1 of 1987 pending in the court of the Chief Metropolitan Magistrate, Dhaka should not be quashed. 2. On 18.4.87 the Opposite Party No.1 subÂmitted a petition of complaint against the petitioner before the Chief Metropolitan Magistrate, Dhaka stating, inter alia, that she was married to the petiÂ..Category: Family Law | Date: | Hits: 255
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