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Shah Alam (Md.) Vs. Bangladesh Water DeveÂlopment Board, 2012, 41 CLC (HCD)
.... Engineer, Gomati Water Development Division, Bangladesh Water Development Board, Comilla; (here we tempted to note that whenever our nationÂal poet, Kazi Nazrul Islam went to Comilla, his father-in-law's house, he spent time on the bank of river Gomati and in some of his eternal songs river Gomati......d. Al-Akram (Badal), 46 DLR 122; Bangladesh Water Development Board Vs. Progati Prakaushali, 49 DLR 335; Haji Amir Bux Vs. Sono Khan, PLD 1979 Karachi 45; Bangladesh Water Development Board Vs. Nasim and Brother, 1988 BLD 369; Mol Enterprises Inc. Vs. Government of the People's Republic of Banglades......get the decreetal money from the opposite party. Learned Advocate further subÂmits that opposite party being a Government funcÂtionaries, the security ought to be submitted in bank guarantee or pay order so that decree if passed, the decreetal amount can be realized without further litigation. Lea..Category: Civil Law | Date: | Hits: 195
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....filed earlier and it was dismissed on limitation ground. So, the 2nd execution case bearing No.2 of 2002, in which the impugned order of attachment was passed, is also barred under Article 182 of the law of limitation. In this respect, the learned Advocate has relied upon the case of Babul Chowdhury......……..Petitioner Vs. Shahabuddin Ahmed……………………Opposite-Parties Judgment March 14, 2012. Result: The rule is made absolute. Case Referred to- Babul Chowdhury and others Vs. Reba Rani Saha and othÂers, 15 BLD 644. Lawyers Involved: Md. Khurshid Alam Kh......05. Judgment Khondker Musa Khaled J.- On an application under section 115(1) of the Code of Civil Procedure, this Rule was issued calling upon the opposite-parÂties to show cause as to why the order No.35 dated 6-11-2004 passed by the learned Joint District Judge, First Court, Chittagong, in ..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....ide the order of the Sub-Divisional Magistrate inÂsofar as it relates to the order of attachment and appointment of the Receiver and the learned Magistrate was directed to proceed in accordance with law. Thereafter the Sub-DiviÂsional Magistrate notified both the parties and after hearing both the......itioner Vs. Entaj Sheik & others………………………………Opposite parties Judgment May 19, 1983. Result: The Rule is discharged. Cases Referred to- Aran Sardar and ors. Vs. Hara Sundar Majumdar and ors., 27 Calcutta Weekly Note (C.W.N.) at page 171. Lawyers...... M. A. Aziz - For the Petitioner. M. A. Sattar - For the Opposite Parties. Criminal Revision No.49 of 1982. Judgment Anwarul Hoque Chowdhury J.- This Rule is directed against an order passed by the learned Sessions Judge, Khulna dated 21.11.82 setting aside the order dated 15.1..Category: Criminal Law | Date: | Hits: 88
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
....e 8 C.P.C. and it was incumbent upon the Court to investigate the claim of respondent before making any order. The learned Subordinate Judge, however, did not make any investigation in accordance the law and did not ask the parties to adduce any evidence and has passed the impuÂgned order simply on......zibur Rahman Alias Arzu……………………………Appellant Vs. Kala Miah & another……………………………Respondents Judgment March 22, 1982. Result: The appeal and the Rule are disposed of. Lawyers Involved: Shaik Ashfuq Ali - For the Appellant. Syed......uq Ali - For the Appellant. Syed Badrul Alam - For the Respondents. Appeal from Original Order No.31 of 1981. Judgment Md. Altaf Hossain J.- This application is directed against an order dated 2.5.81 passed by the Subordinate Judge, 4th Court, Dacca in Title Suit No.27 of 1981. Th..Category: Procedural Law | Date: | Hits: 146
Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
....l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ...... made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A In case of prolongation of the proceeding which will amount to a sheer abuse of the process of the Court and harassment of the accused and for ends of justice the proceedings can be quashed……………â......rmation Report as well as the charge-sheet have been annexed to the petition as annexures ‘A’ and ‘B’ respectively. Since then the case had a long chequered career culminating in the impugned order passed by the Special Judge on 3.7.82 which was as follows "Accd. Moklusur Rahman on bail ..Category: Criminal Law | Date: | Hits: 62
Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)
....He has next submitted that although the learned special Judge could summon witnesses or examine any person if his evidence appeared to him essential for the just decision of the case, he cannot under law direct the police or the investigating agency to make further investigation of the case after th......cial Case No.46 of 1981 directing further investigation of the case. Facts necessary for disposal of the rule may be stated thus. 2. Accused petitioner has been tried unÂder section 409 B.P.C. and section 5(2) of Act 11 of 1947 upon allegations that the accuÂsed petitioner while working as o......han - For the Petitioner. A.P.M. Sahid, Assistant Attorney-General - For the State. Criminal Revision No.114 of 1983. Judgment Sultan Hossain Khan J.- This rule has arisen out of an order passed by the learned Additional Special Judge, Chittagong DiviÂsion in Special Case No.46 of..Category: Criminal Law | Date: | Hits: 70
Juman Mia Vs. Zainab Bibi, 1983, 12 CLC (HCD)
....umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ...... entitled, withÂout prejudice to this right, to stay on till the end of a full month or a full year of the tenancy, as the case may be. If the time given is in excess of the half term of the tenancy and the tenant is able to stay on for a half term before the date of the determination of the lease ......umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ..Category: Property Law | Date: | Hits: 73
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....heat existed from the very beginning. Its subsequent exhibition is not a test of cheating. The initial intention to deceive having not been proved the conviction under 420 of the Penal Code is bad in law because the mere fact that the petitioner reÂfused liability subsequently does not necessarily ......itioner Vs. The State & another………………………Opposite Parties Judgment February 20, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Anwar Ali and Md. Liaquat Ali Vs. State & Md. Nezamuddin, 30 DLR 327; A.I.R. 1938 (Madras) 129;AIR 1956 Ma......tion 420 of the Penal Code made this application under section 561A of the Code of Criminal Procedure for quashing the said criminal proceeding. 2. The petitioner also prayed for setting aside the order of the Additional Sessions Judge, 2nd Court, Dhaka in Criminal Revision No.316 of 1983 under s..Category: Criminal Law | Date: | Hits: 67
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
.... the President. Sd/27.2.85. Sr. Scale Section Officer." 4. The said order was served on the detenu on 28.2.85. This order was served on the detenu on 28.2.85. The detenu was thus detained unlawfully from 23.2.85 to 27.2.85 without any order of detention whatsoever and the detaining authori......Govt. of West Pakistan, 19 DLR (SC) 403; Baqui Baloch, 20 DLR (SC) 249; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Md. Makhlesur Rahman Vs State, 28 DLR 172; Md. Anwar Hossain Vs. Govt. of Bangladesh and others, 30 DLR 423; Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1......ause why the detention of Jamaluddin Ahmed alias Jamal Ahmed now being, detained in the Chittagong Jail should not be declared illegal and why he should not be set at liberty or such other or further order or orders passed as to this Court may seem fit and proper. 2. The detenue Jamaluddin Ahmed ..Category: Criminal Law | Date: | Hits: 78
Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....nt and such right has not been given effect to. Any letter, which is not a legal instrument to create any legal right and which only lays down the policy of the Government, does not have any force of law and thus Article 102 of the Constitution cannot be invoked.…………………………..(9) ......This case is also Reported in:49 DLR (HCD) (1997) 422. ...... of Land Administration and Land Reforms informing all concerned ministries and authorities to release acquired lands left unused beyond a justifiable time. The said policy was further affirmed by an order contained in Memo No.DA‑72/84/726‑Acqn dated 9‑12‑84 issued by Ministry of Land Admini..Category: Property Law | Date: | Hits: 67
Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)
.... Therefore, the cited decision is fully applicable to this case. 25. From what we have discussed above considering the facts and circumstances of the case and evidence on record and the cited case law, we are of the view that the prosecution has failed to prove the charge against the accused appe......asmin, Assistant Attorney General with Md. Nur Nabi, Advocate — For the State. Criminal Appeal No. 2442 of 2008. Judgment Md. Azizul Haque J. - This appeal is directed against the judgment and order dated 8-4-2008 passed by the Sessions Judge, Narayanganj in Session Case No. 987 of 2006 c......n, Assistant Attorney General with Md. Nur Nabi, Advocate — For the State. Criminal Appeal No. 2442 of 2008. Judgment Md. Azizul Haque J. - This appeal is directed against the judgment and order dated 8-4-2008 passed by the Sessions Judge, Narayanganj in Session Case No. 987 of 2006 convi..Category: Criminal Law | Date: | Hits: 91
Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)
.... of appeal below without considering the merit of the application filed under Order IX, rule 9 of the Code of Civil Procedure, decided the merit of the pre-emption case which is not permissible under law. Secondly, the Court below failed to appreciate that the petitioner was prevented by sufficient ......preme Court High Court Division (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Amena Begum…………………………………………Petitioner Vs. Md. Ruhul Amin and others………………Opposite Parties Judgment November 26, 2008. Result: The Rul......……………………………Petitioner Vs. Md. Ruhul Amin and others………………Opposite Parties Judgment November 26, 2008. Result: The Rule is made absolute without any order as to cost. Lawyers Involved: Md. Akteruzzaman, Advocate — For the Petitioner. No o..Category: Procedural Law | Date: | Hits: 133
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... within the period of limitation and there was proper cause of action for filing of the suit and the learned Judge of the Adalat in consideration of legal and facÂtual questions involved in the case lawfully rejected the application on merit; whether the goods were damaged or not in a disputed ques......nts Judgment August 4, 2010. Result: The Rule is discharged. Case Referred to- Abdul Jalil Vs. Islami Bank Bangladesh Limited, 53 DLR (AD) 12; Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory, 51 DLR 323; Burma Eastern Ltd. Vs. Burma Eastern Employees Union, 18 DLR 709; Shaf......itioner. Imam Hasan, Advocate - For respondent No.2. Writ Petition No.3811 of 2006. Judgment Zinat Ara J.- In this writ petition, the petitionÂer called in question the legality of the order No.18 dated 20-4-2006 passed by the learned Judge of the Artha Rin Adalat No.4, Dhaka in Artha..Category: Civil Law | Date: | Hits: 176
Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)
....e petitioners if they misuse the privilege of bail in any manner whatsoÂever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ...... Result: The Rule is made absolute. Even in a murder case bail cannot be withheld as punishment. It may be allowed in appropriate cases depending upon the circumstances of each case. No hard and fast rule can even been laid down nor can there be any rule of practice upon basis of which such......g with 7/8 others stealthily entered into the dwelling hut of informant by lurking house trespassers following their internal feud. They assaulted the inmates by different weapons. Accused No.2 Masud ordered to kill informant, while accused No.1 Bela alias Bala dealt chenny blow pointing her head ca..Category: Criminal Law | Date: | Hits: 95
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....f such tribuÂnal. Under Article 152 of the Constitution the word "Court" includes "Supreme Court". Again Article 102 (2) clearly provides that when no other equally efficacious remedy is provided by law any person aggrieved can invoke Article for redress. So it is clear that the Administrative Trib......t High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Md. Nuruzzaman J Muslim Uddin……………………………Petitioner Vs. Bangladesh and others……………………………..Respondents Judgment August 8, 2011. Result: ......f the Republic, including the matters provided for in Part IX and the award of penalties or punishments. Article 117(2), on the other hand, debarred any Court to entertain any proceedings or make any order in respect of any matter falling within the jurisdiction of such tribuÂnal. Under Article 152..Category: Administrative Law | Date: | Hits: 455
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....15-11-2003 asking the petitioner to vacate the land in question showing the same to be acquired in LA Case No.5 of 1972-73 within 7 days should not be declared to have been made illegally and without lawful authority and is of no legal effect. 4. In Writ Petition No.1973 of 2005 the petiÂtioners......Case is also Reported in: 64 DLR (HCD) (2012) 152. ......labi, Dhaka (Annexures- 'C', 'D', 'E' and 'F' respectiveÂly). 3. In Writ Petition No.7012 of 2003 the Rule Nisi was issued calling upon the respondents to show cause as to why the impugned notice/order orally published/served upon the petitioner by beatÂing drum on 15-11-2003 asking the petitio..Category: Property Law | Date: | Hits: 89
.... appellate authorities. By an order dated 13-9-95 said revision authority rejected the revision on the view that the petitioner already deposited tax and the demand issued by the Deputy Collector was lawful, the prayer for refund of deposited tax and cancellation of demand would not be accepted. The......urt Division
(Special Original Jurisdiction)
Present:
Md. Abdur Rashid J
Md. Miftahuddin Choudhury J
Dr. Md. Habibullah……………………Petitioner
Vs.
Additional Secretary and Member (Appeal and Revision) and others………..Respondents
Judgment
May 15, 2007.
Re......€¦â€¦â€¦â€¦Petitioner
Vs.
Additional Secretary and Member (Appeal and Revision) and others………..Respondents
Judgment
May 15, 2007.
Result:
The Rule is made absolute without any order as to cost.
Lawyers Involved:
Tanjibul Alam with Abu Khaled Al Mamun, Advocates â€..
Category: Administrative Law | Date: | Hits: 491
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....ishonored on three occasions and he was requested to arrange for the payment. He adds that the aforesaid Legal Notice dated 03.08.2003 was duly received by the petitioner who duly replied through his lawyer on 10.08.2003. 8. The learned Counsel lastly submits that the charge has been framed again......pposite parry Judgment May 6, 2008. Result: The Rule is discharged. The Negotiable Instrument Act, 1881 The Negotiable Instrument Act, 1881, by its nature, is not a cumbersome Act, and the proceeding under section 138, once the offence is admitted, is summary in nature and there i......eplied to that notice, stating that he has lost some leaves of his cheque book and a non judicial stamp of Tk. 150/-. Hence the case. 3. On receipt of the complaint, the learned Magistrate, by the order dated 21.08.2003 took cognizance of the offence under section 138 of the Act against the petit..Category: Criminal Law | Date: | Hits: 103
Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)
....ged. The order of stay granted by this Court at the time of issuance of the Rule stands vacated. The trial Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) ......ivision (Criminal) Present: Sharif Uddin Chaklader J Sheikh Abdul Awal J Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury……………Accused-petitioner Vs. The State and another……………Opposite parties Judgment December 12, 2006. Result: The Rule......e No.545 of 2003 under sections 500/501/502 of the Penal Code now pending in the Court of learned Magistrate, 1st Class, 'Ka' Anchal, Chuadanga should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts, in short, are that on 19.10.2..Category: Criminal Law | Date: | Hits: 81
.... order dated 27.01.2000 passed by the learned Chairman of Second Labour Court, Chittagong (respondent No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) should not be declared to have been passed without lawful authority and is of no legal effect.
2. Facts giving rise to this Rule Nisi, briefly, be p......J
Sylhet Pulp & Paper Mills Ltd., Chhatak, District- Sunamganj, represented by its Managing Director……………Petitioner
Vs.
The Chairman, Second Labour Court, Katalganj, Chittagong and others…………….Respondents
Judgment
February 22, 2006.
Result:
The Rule is ma......or the respondents.
Writ Petition No. 3119 of 2000.
Judgment
Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the ex parte judgment and order dated 27.01.2000 passed by the learned Chairman of Second Labour Court, Chittagong (respondent..
Category: Labour and Industrial Law | Date: | Hits: 190
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