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Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......me Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Abdul Hafiz J Rafiqul Islam…………………….Petitioner Vs. State and another……………………Opposite Parties Judgment February 23, 2009. Result: ......t to the Agrani Bank but the cheques were dishonoured with a remark “পরিশোধের ব্যবস্থা করা হয় নাই।” and that there after the complainant served a legal notice dated 21-6-2007 upon the accused to repay the money and the accused received the legal ..Category: Civil Law | Date: | Hits: 150
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......gh Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Zakir Ahmed J Abdul Malek………………Petitioner Vs. District Co-operative Officer, Cox’s Bazar and ors…………………Respondents Judgment April 9, 1997. Result: The Rule is made...... None - For the Respondents. Writ Petition No. 1643 of 1991. Judgment Zakir Ahmed J.- In this Writ petition under Article 102 (2)(a) (ii) of the Constitution the petitioner challenged the legality of an order contained in Memo No.1st 236/84/1112/7 dated 9-8-1988 (Annexure I to the petiti..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....the two provisions but to give a harmonious interpretation of the conflicting provisions to avoid a head on clash, “If it is possible to avoid a conflict between two provisions of an enactment on a proper construction thereof, then it is the duty of the Court to so construe them that they are in h...... High Court Division (Special Original Jurisdiction) Present: K M Hassan J Md. Latifur Rahman J Mahboob Uddin Ahmed……………Petitioner Vs. Bangladesh Election Commissioner, and others………………Respondents Judgment May 27, 1998. Result: The Rule is disch......িং/জাঃ সাং-২৯/৯৮ ২০৭২ dated 15-4-98 as contained in Annexure-C to the writ petition should not be declared to have been made without any lawful authority and is of no legal effect and why the said notification should not be cancelled and rescinded. 2. Since the ma..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
.... as per service rules of the corporation and also for a decree for all arrear pay, allowances due and payable to him with costs and also for any other for further relief as the Court may deem fit and proper, contending that the order of dismissal dated 27-9-82 is not lawful in as much as the order o......hmed Vs. Bangladesh, 45 DLR (AD) 1; Manager, Personal Division Vs. Md. Sazaban Miah & others, 35 DLR 224; Civil Petition for Special Leave to Appeal Leave (CPSLA) No.299/83; Dhunat Degree College and others Vs. Md. Abdus Samad and others, 49 DLR 38; Fazlul Karim Vs. Agrani Bank, represented by t......he plaintiff opposite party by a letter dated 27-9-82 and the same has been made complying with the Rule 8(a) of the Government Servants (Discipline and Appeal) Rules, 1976 quoted above there is no illegality or irregularity. He further submits that the order was reviewed by the Zonal Martial Law Ad..Category: Employment/Service Law | Date: | Hits: 182
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....pposite Parties. Application No.2 of 1988. Judgment Anwarul Hoque Chowdhury J. -This application under section 11(1) of the Administrator General's Act, 1913, is for permission to sell trust properties of the estate of Rai Bihari Lai Maitra Bahadur, a Zamindar and previously a resident of t....... Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268...Category: Trust/Waqf Law | Date: | Hits: 166
....eason to quash the judgment and order impeached in this writ petition.
The result is: we discharge the Rule. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
......h Court Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Pabna Motor Employees Association………..……Petitioner
Vs.
The Member, Labour Appellate Tribunal and others...............Respondents
Judgment
May 20, 1991.
Result:
The Rule is discharg......de the order of the respondent No.3 passed on March 30, 1986, refusing to register the Pabna Zila Truck Chalak Union should not be declared to have been made without any lawful authority and is of no legal effect.
2. The opposite party 4, the President and the opposite party 5, the General Secret..
Category: Labour and Industrial Law | Date: | Hits: 171
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....the active help of his family members started looking after the business of the company gradually excluding late Md. Ashraf Ahmed. Mr. Ashraf Ahmed also complained to the Chairman for not maintaining proper books of accounts by the company. False figures were entered in the books of accounts. Althou......ereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......ate fraud and misappropriation of fund of the company by the respondent No.2 at the cost of the petitioners. 8. On 1.9.85 Md. Ashraf Ahmed died leaving behind the petitioners as his only surviving legal heirs. The petitioners are now holding in total 4,600 shares out of total 17,000 shares in the..Category: Company Law | Date: | Hits: 233
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
....eto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything herein before contained, acquit the accused, unless for some reason he thinks proper to adjourn the hearing of the case to some Other day: Provided that, where the complainant......dents alleging that on 23.10.87 at about 2-30/3 P.M. the accused-respondents along with other unknown persons assaulted him. The respondent No.1 inflicted bleeding injuries, on his head by a Dao blow and the respondent No.2 hit him with iron patta causing swelling injuries on his body. The responden......lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ..Category: Procedural Law | Date: | Hits: 85
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
.... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ......e Bhuyia J M.A. Mannan........................Petitioner Vs. Biman Bangladesh Air Lines........................Respondents Judgment March 6, 1989. Lawyers Involved: Abdul Wadud Khandker with Saifur Reza and Farida Khan - For the Petitioner. Abdul Hasib with M.A. Tariq - For t......ause as to why the order dated 19.10.87 signed by the Assistant Manager (Personnel) of the respondent-Corporation should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner's case is that he was a Manager, Operational Control of the Biman..Category: Employment/Service Law | Date: | Hits: 225
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....cases he will be required to seek remedy under Article 117(2), in other words, in case of infringement of fundamental rights by administrative action and not by law the Administrative Tribunal is the proper forum and not the High Court Division.” 17. In spite of the words ‘the Supplemental’......san J Md. Tafazzul Islam J Sazedur Rahman (Md.)……………………Petitioner Vs. Secretary, Ministry of Establishment, Superior Appointment Division, 4, Bangladesh Secretariat, Dhaka and others……………………Respondents Judgment March 23, 1998. Result: The Rule ......e is no adverse remark against him and he was never informed about any such adverse remark. So he has acquired a right to be promoted to the post of Director. The respondent No.4, by exercising extra legal influence, had managed to get the promotion in preference to the petitioner. 6. It is also ..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....38 to hand over the charge shall not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioner, in short, is that the schedule of election of both the Cha...... High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M M Ruhul Amin J Mostafa Kamal………………Petitioner Vs. Chief Election Commissioner and others…………………Respondents Judgment August 19, 1997. Result: The Rule is......District Barisal and also the order dated 30-11-92 issued by the respondent No.4 vide memo No.438 to hand over the charge shall not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and prope..Category: Election Law | Date: | Hits: 154
Abul Kalam Azad (Md.) and others Vs. Md. Kamrul Hasan and others, 1997, 26 CLC (HCD)
....opposite party against the application. It is not possible for this Court to examine the impugned order passed, since no reason has given. The order impugned does not show that the same was passed on proper consideration and therefore such order cannot be sustained and rejection of application in su......is Case is also Reported in: 50 DLR (HCD) (1998) 259. ......e defendant moved this Court and obtained the Rule. 2. Mr. Md. Khurshid Alam Khan, the learned Advocate Appearing for the petitioner, submits that the impugned order on the face of the record is illegal and has occasioned failure of justice since the order itself is not a speaking order and no re..Category: Procedural Law | Date: | Hits: 85
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....re-emptor and Babu Rama Saha purchased some land from of said SA recorded tenant by kabala dated 13-9-1987 being No.7282 of 1987. In addition to that the pre-emptor also claim to have purchase some property from the legal heirs of SA recorded tenant by kabala dated 22-2-1983 being deed No.1373 of ......ditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ...... Rama Saha purchased some land from of said SA recorded tenant by kabala dated 13-9-1987 being No.7282 of 1987. In addition to that the pre-emptor also claim to have purchase some property from the legal heirs of SA recorded tenant by kabala dated 22-2-1983 being deed No.1373 of 1983 and in this w..Category: Procedural Law | Date: | Hits: 88
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....of the Penal Code arising out of Sutrapur Police Station GD Entry No.1254 dated 24-12-2000, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to filing of this application under 561A of the (the Code) briefly...... Division (Criminal Miscellaneous Jurisdiction) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J Aftabuddin (Md.)…………………………………..Petitioner Vs. State and others………………………………….Opposite Party Judgment July 7, 2010. Res......rt Division setting aside the conviction and sentence and acquitting the respondent, the reason being that the cognizance being taken by the learned Metropolitan Magistrate upon police report was illegal, which vitiated the whole prosecution. 17. Accordingly we find merit in this Rule and we ar..Category: Criminal Law | Date: | Hits: 79
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....ted without lawful authority in not allowing the benefit of section 47 of the Ain, 2003 to the appellant and the High Court Division failed to consider the said provisions of the Ain, 2003 in its proper perspective in the context. So, the merits of this appeal depend upon the interpretation of s......ain, Advocate-on-Record—For the Appellant. Mamunur Rashid, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent No. 2. None Represented—For Respondent Nos. 1 and 3-5. Civil Appeal No.176 of 2010. (From the judgment and Order dated the 8th day of April,......y the re-scheduled installments to avail himself of the exemption of interest. Then, he was requested to pay the installments due to letter dated 12-6-2000, 27-8-2000 and 28-5-2000. Thereafter, a legal notice was served on him for payment. Final notice was also served upon the appellant charging..Category: Civil Law | Date: | Hits: 138
....ected as separate and independent transactions outright sale followed by reconveyance, they are both legal and provable in law. The option in such cases given to the vendor to have a re‑sale of the property is an undertaking by the purchaser of which the sale by the vendor form the consideration, ......acated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......, Fourth Court, Dhaka for disposal. The learned Subordinate Judge allowed the said appeal by his judgment and decree dated 26.7.90 and decreed the Title Suit No. 50 of 1984 in favour of the heirs and legal representatives of the appellant who died during the pendency of the appeal. The heirs and leg..
Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....overed from accused Nurul Islam contained heroin, by that it could not be said that the packets allegedly recovered from the appellant and accused Md. Bahar also contained heroin without making their proper chemical examination separately by the expert. In that view of the matter, it is also difficu......…………………………Respondent Judgment November 1, 1993. Result: The appeal is allowed. Cases Referred to- Kitab Ali Talukder Vs. State, 28 DLR 128; Ismail Vs. Abdullah and another, PLD 1963 (WP) (Karachi) 161; SM Farooque alias Syed Farooque Vs. State, 28 DLR 192; Ash......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61...Category: Criminal Law | Date: | Hits: 81
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
....ation agreement was under some incapacity; (ii) The arbitration agreement is not valid under the law to which the parties have subjected it; (iii) The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise un...... ......tion 43 of the Arbitration Act, 2001 the learned Arbitrators exceeded the jurisdiction and thereby acted beyond the scope of the submission to arbitration. Therefore, the award in question is illegal and same is liable to be set aside. He lastly submitted that the instant award is against the ..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....ting up his own case and demolishing the one set up his adversary. There is danger in some cases that the whole truth may not come out before the Court. The Judge in order to discover, or obtain proper proof of relevant facts, may exercise very wide powers indeed; but they all pivot upon the as......ligatory according to law in dispensing justice because it is the duty of Court not only to do justice but also to ensure that justice is being done in order to enable the Court to find out the truth and render a just decision. The statutory provisions of section 540 of the Code are enacted where un......The learned Deputy Attorney General has no objection if these vital witnesses are recalled. 21. In view of the above discussion, we are of the opinion that the learned Sessions Judge committed illegality in rejecting the prayer for recalling the witnesses and, as such, the impugned order No.19 ..Category: Criminal Law | Date: | Hits: 97
Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)
....rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453.......etor of Khaleque Enginewing Works for cancellation of registered design No.00661 dated 4‑1‑89 in the name of National Fans Ltd. 2. The petitioners case, in short, is that, he is a manufacturer and seller of ceiling fans since 1990 and has been manufacturing and selling the same under the bran......nding disposal. It is also the case of the petitioner that he is selling Chandan National Fans throughout Bangladesh with the knowledge of respondent No.1. This respondent No.1 on 9‑4‑91 served a legal notice upon the present petitioner stating, inter alia, that they are the registered proprieto..Category: Intellectual Property Law | Date: | Hits: 257
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