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Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
.... argument of the learned Deputy Attorney-General as we find that the rule of natural justice is an indispensable rule of practice, whenever any decision is made directly affecting a person's right to property or character of office, the rule is to be read in every enactment, even though there is no ..........Respondents Judgment June 26, 1989. Result: The Rule is, accordingly, made absolute. Cases Referred to- 1981 BLD (AD) 196; Hye Bhuiya Vs. Secretary, Ministry of Local Govt. and Rural Development and others 1981 BLD (AD) 196; Abdur Rashid Versus Govt. of Bangladesh 32 DLR......nt and Co-operative, Local Govt. Division vide Memo No.Sha 8/IP-277/87/174 (Annexure 'A') suspending the petitioner from the office of Chairman of Mithapukur Upazila Parishad should not be declared illegal and to have been made without any lawful authority and is of no legal effect. 2. In the Wri..Category: Others | Date: | Hits: 175
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
....itioner 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 proper. From the said order it also appears that Mr. Syed G.R. Modasir Hossain, the learned Deputy......Attorney General— For the State. Criminal Miscellaneous Case No.155 of 1987. Judgment Latifur Rahman J. - This Rule was issued on 26.10.87 calling upon the Deputy Commissioner, Manikganj and the opposite party No.2 to show cause as to why accused Jalaluddin who has already been acquit...... in Sessions Case No.63/1984 by the Additional Sessions Judge, Manikganj on 29.9.85 should not be released from custody on the ground that his detention in connection with the said Sessions Case is illegal and unauthorised in law. 2. It appears from the Order Book that again on 13.3.88 the same D..Category: Criminal Law | Date: | Hits: 101
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
....th the Tribunals below have given cogent reasons for not treating the petitioner's letter of resignation dated 9.1.88 as a valid one. It has been concurrently held by the Tribunals below that the proper authority to accept the resignation of a dealer is the District Food Controller and not the U......ment August 16, 1989. Result: The Rule is made absolute. Cases Referred to- Bristol South-East Parliamentary Election, (1961) 3 A E L R 354; Sanaullah Vs. Election Tribunal, Gujrat and others, PLD 1966 Lah. 97. Lawyers Involved: Syed Ishtiaq Ahmed with Salahuddin Ahmed, Advo......f imprisonment exceeding twelve months and still serving the sentence, or possibly holding an office of profit under the Crown. If, however, the disqualification is not notorious and depends on legal argument or upon complicated facts and inferences it would appear that even though the candida..Category: Election Law | Date: | Hits: 187
National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
....atter. Therefore, we do not find any ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103.......rt Division (Dhaka) (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J National Bank Ltd.............................Petitioner Vs. Haroon Malik and Others......................Opposite Parties Judgment July 2, 1989. Result: The Ru......a declaration that the license dated 22.3.83 issued by the Bangladesh Bank, Banking Control Department to the present sponsors of National Bank Ltd. without the plaintiff as the original sponsor is illegal, mala fide and is of no legal effect. 3. The sum and substance of the plaintiff’s suit wa..Category: Business or Commercial Law | Date: | Hits: 282
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......urisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Alam Ara Huq..................Petitioner Vs. The Govt. of Bangladesh, represented by the Secy., Ministry of Home Affairs and ors………………………………………….Respondents Judgment July 9, 1989. ...... representation. As it appears that in the present case, four grounds i.e. the ground Nos.2-5 are vague, we are of the opinion that these vague grounds have rendered the entire order of detention illegal and unlawful." 6. It is stated by the petitioner that the order of the High Court Division ..Category: Criminal Law | Date: | Hits: 107
Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)
....ng in the Court of Special Tribunal Case No.2, Bogra should not be stopped and the petitioners should not be released or such other or further order or orders passed as to this Court may seem fit and proper. 2. On 5.10.86, one Azimuddin lodging the complaint with the Upazila Magistrate, Dupchachi...... in: 42 DLR (HD) (1990) 97. ......11, Bogra from 14.7.87 till 4.9.88 when the petition for stopping further trial was filed. So according to his calculation more than 308 working days elapsed by that date and therefore the case was illegally dragged violating the provision of section 339C of the Code. 5. Mr. Md. Nurul Islam, the..Category: Procedural Law | Date: | Hits: 112
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
....ring on behalf of the opposite parties, concedes to the submission of the learned Advocate for the petitioners and does not oppose to send it back to the trial Court for presentation of the same in a proper Court having pecuniary jurisdiction to try the case. 9. Heard the learned advocate for bot......f the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ......ined this Rule. 7. Mr. Md. Azizul Hoq, the learned advocate appearing on behalf of the petitioners, submits that the appellate Court have categorically found that the learned Munsif committed an illegality in holding trial of the original suit which was beyond his pecuniary Jurisdiction and as su..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....he aforesaid Judgment and decree of the Courts below should not be set aside. 3. The opposite party instituted the title suit of against the petitioner for a declaration that the treating the suit property as abandoned one and granting lease of the same by the petitioner are illegal, void, withou......1.......3. The opposite party instituted the title suit of against the petitioner for a declaration that the treating the suit property as abandoned one and granting lease of the same by the petitioner are illegal, void, without jurisdiction, inoperative and of no legal effect and, as such, the action of th..Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....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. ......CD) (1996) 158. ......he role of an investigation Officer is that of a witness. If such an application is to be filed it ought to have been filed through the learned Public Prosecutor. But it appears that disregarding the legal position and the position of the police officials this, overzealous Assistant Superintendent o..Category: Criminal Law | Date: | Hits: 99
Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)
.... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146....... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Kazi Ebadul Hoque J Md. Hamidul Haaque J Mozibul Huque …………………Petitioner Vs. State and Others……………..Opposite Party Judgment January 15, 1996. Result: The Rule is......le to be stopped under the provisions of section 8(a) of the Criminal Law Amendment (Amendment) Act 1987 and the Divisional Special Judge having stopped the proceedings of the case on 4.11.89 acted illegally in receiving the case on 1.1.90. 4. Learned Assistant Attorney-General submitted that tri..Category: Procedural Law | Date: | Hits: 99
Syed Nazakat Hossain alias Ujjal Vs. State, 1995, 24 CLC (HCD)
....acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ......…Respondent Judgment May 29, 1995. Result: The appeal is allowed. Cases Referred to- 35 DLR 119; 50 CWN 35; 36 BCR (AD) 225. Lawyers Involved: Serajul Huq with Anisul Huq and Toufika Karim, Advocates ‑ For the Appellant. Abdul Latif, Advocate ‑ For the State. C...... 11. We have perused the impugned Judgment of the learned Additional Sessions Judge and found that he convicted the appellant on mere surmises and conjunction. Considering the aforesaid factual and legal position we find that the conviction and sentence under appeal cannot be maintained. These..Category: Criminal Law | Date: | Hits: 88
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
....2 was added by forgery. Their further allegation is that they entrusted the plaintiff No.1 to conduct the suit on their behalf and they had no doubt at all that the plaintiff 1 would conduct the suit properly and legally protecting the interest of the plaintiffs 3‑5 also. But by submitting a false......ported in: 48 DLR (HCD) (1996) 141.......as plaintiffs have filed Other Suit No.182 of 1975 for declaration of their title and for further declaration that MRR Khatian prepared in the name of the defendants in respect of the suit land, is illegal and not binding upon the plaintiffs. Plaintiffs case briefly, may be stated that the suit land..Category: Procedural Law | Date: | Hits: 124
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
.... Das, 51 CWN 644. In that decision it has been held as follows: "If a question is raised that a purported transfer is not a real transfer but a benami transaction in the sense that transfer holds the property on behalf of the transferor, such a question falls within the proper scope of an enquiry un......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Abu Sayeed Ahammed J Baseruddin Pramanik (Md.)……………………………Petitioner Vs. Golapjan Bewa and others……………………………Opposite Parties Judgment July 1, 1995. Result: ......ad together and their combined effect considered”. My considered view is that both the opposite party 1 Basher Pramanik and opposite party 2 Alauddin collusively and surreptitiously to facilitate illegal gain and to enjoy the case land depriving the pre-emptor who is a co‑sharer which cannot be ..Category: Property Law | Date: | Hits: 89
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....ossain 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 that section 4 of Act 27 of 1991 is a proper valid piece of legislation and the election of the President held in accordance with the said......Case is also Reported in: 44 DLR (HCD) (1992) 354. ......as Act No.27 of 1991 should not be declared to be void being inconsistent with the provision of the Constitution and should not be declared to have been passed without lawful authority and thus of no legal effect. 3. The two writ petitions filed by Mr. Moudud Ahmed, a Member of the Parliament,..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....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' schedule property including the building thereon from one Bhabani Prasad Saha by way of exchange in the year ...... Judgment 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 ......f title of the plaintiff in the suit‑holding incidentally and that is not the final determination of title which can be barred by res judicata. As such the learned SCC Judge has not committed any illegality in coming to a finding as to the question of title over the suit‑holding in favour of the..Category: Civil Law | Date: | Hits: 140
Mahbubur Rahman Vs. State, 1992, 21 CLC (HCD)
....lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ......ahbubur Rahman ..................Petitioner Vs. The State ................Opposite Party Judgment February 12, 1992. Result: The revisional application is allowed and the Rule made absolute. Case Referred to- Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD)......rein it was, inter alia, observed as follows: "The Code of Criminal Procedure does not give any power to the Magistrate to declare the police report submitted under section 173 of the Code as illegal. All that the Code provides for is that on perusal of the police report, if the Magistrate is ..Category: Criminal Law | Date: | Hits: 78
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... but to bring the whole matter to the notice of the Minister‑in‑charge of the Ministry of Labour and Manpower by its letter dated 3.5.90 and the Minister directed the Director of Labour to hold a proper enquiry into the allegations of the Union. Upon the direction given by the Minister‑in‑ch......ported in: 44 DLR (HCD) (1992) 582.......J to the petition and them upon initiation of Criminal Case No.10 of 1990 on the basis of Annexure‑M and issuance of the summons contained in Annexures‑L and L(1) should not be declared to be illegal, without jurisdiction and without lawful authority and are of no legal effect and why the said..Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....ing in the court of Additional Sessions Judge, 2nd Court and ex‑officio Special Judge, Dhaka should not be quashed, or such other or further order or orders passed as to this court may seem fit and proper. 2. While issuing the Rule on the prayer of the accused petitioner further proceedings ......tioner Vs. The State .................Respondents Judgment September 24, 1992. Result: The rule is discharged. Cases Referred to- Abdul Kader Chowdhury and others Vs. State, 28 DLR (AD) 38; Abdul Ali and another Vs. State 30 DLR 58; Bangladesh Vs. Ten ......cted persons. The former President without verifying the truth of the statements and without taking steps for such verification passed order for giving allotment to those persons directly which was illegal. It was further alleged that no transfer could be made without construction on the land but in..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....ivorced by her first husband. Petilioner's 2nd husband used lo live in the house of the plainliff-opposite party as domesticated son-in-law and looked after plaintiff-opposite party and managed her property and household affairs. Petitioner No.1 who earned affection, love and sympathy of mother ...... This Case is also Reported in: 41 DLR (HCD) (1989) 519.......dvocates - For the Petitioners. Md. Ansar Ali, Advocate - For the Opposite Party. Civil Revision Case No.122 of 1982. Judgment Syed Fazle Ahmed J.- This Rule seeks to call in question the legality and propriety of the judgment and decree dated 21.6.82 passed by the learned Subordinate Ju..Category: Property Law | Date: | Hits: 134
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....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................Petitioner Vs. Firdous Ara @ Sara...................................Opposite Party Judgment April 18, 1989. Result: The Rule is made absolute. Cases Referred to- Imambandi Vs. Mutsaddi, ILR 45 Cal (P.C.) 878; Ahmed Nawazl and others Vs. The State, 20 DLR (WP), 45; Ba......tion filed in this Court under section 561A read with section 435 Cr.P.C. 5. Mr. Zinnur Ahmed, the learned Advocate appearing for the petitioner, submits that the father petitioner being the legal guardian of the minor child has in Law the constructive custody of the child and can claim tha..Category: Family Law | Date: | Hits: 255
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