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Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61.......ave gone through the petition. In my opinion the nature and character of the plaint will not be changed if the proposed amendment be allowed. Thus the prayer is allowed. Amend the plaint and register accordingly and treat this petition as part of the plaint." 6. Mr. Sudhir Chandra Das, the learne......an J Nitai Ch. Shaha ……………Petitioners (In Civil Revision No. 4 of 1981) Umananda Shaha ……………Petitioners (In Civil Revision No. 233 of 1981) Vs. M/s. City Ice and Cold Storage Ltd. and others…………………Opposite-Parties (In both the cases) Judgment April......ith the said contract in any way. The plaintiff cannot therefore have any right of relief against those six persons. 12. Order 1 rule 3 of the Code of Civil Procedure is the relevant provisions of law to who may be joined as, defendant and it is provided therein that these persons, against whom t..Category: Civil Law | Date: | Hits: 132
Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
....d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ......ave been a party to the contravention of law, apparently in willful disregard of the law, and have voluntarily given lease and this constituted fraud and the learned Single Judge ought to have held accordingly and proceed to decide the case on that basis. The principle of law enunciated in the r......………………Appellants Vs. Sree Sudhir Chandra Saha & others…………………Respondents Judgment February 10, 1982. Result: The appeal is allowed. Cases Referred to- Sarat Chandra Nath Vs. Faiz and others, 9 DLR 315; Meheri Bibi and another Vs. D. Ghose, 30......sion. A contention raised by the defendant that the plaintiffs themselves being party to the transaction could not turn round and say that the kabulyat was null and void being in contravention of law was negatived by the learned Single Judge Thereafter the defendants have preferred this appeal. ..Category: Property Law | Date: | Hits: 146
Ataur Rahman Vs. Election Commission & Others, 2010, 39 CLC (AD)
....ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99.......ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99....... Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Ataur Rahman……………….................Petitioner Vs. Election Commission & Others..........Respondents Judgment October 12, 2010. Result: The leave petition is dismissed. Lawyers Involved: Fida M. Kamal......ispute and after publication of the election result in the official gazette election dispute, if any shall have to be resolved by the election commission before the election tribunal set up under the law. 5. In the above facts and circumstances, we are of the view that the High Court Division hav..Category: Election Law | Date: | Hits: 296
Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)
....t this stage only the petitioner is available before the High Court Division for shouldering the responsibility for forgery as he is responsible for identifying the alleged offender and bring them to justice. The High Court Division further held that the seal of the Court as contained in the forged ......ted against the judgment and order dated 15.1.2008 of the High Court Division passed in Criminal Rule 187(R) of 2007 giving direction to initiate criminal proceeding against the petitioner and others according to the provisions of sections 476 read with section 195 of the Code of Criminal Procedure ......h 9, 2009. Result: The petition is dismissed. Lawyers Involved: Md. Abu Siddique, Advocate-on-Record-For the Petitioner. None represented-For Respondent. Criminal Petition for Leave to Appeal No.106 of 2008. Judgment Md. Tafazzul Islam J.- This petition for leave to appeal is...... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82...Category: Criminal Law | Date: | Hits: 146
Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)
....f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ......f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ......Lawyers Involved: A.M. Ameen uddin, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. None represented-For Respondent. Civil Petition for Leave to Appeal No.395 of 2008. Judgment Mohammad Fazlul Karim J.- This Petition for Leave to Appeal......under Order XXI rule 90 of the Code of Civil Procedure as Miscellaneous Judicial Case as per rule 774 (8) of the Civil Rules and Order and thus, the impugned order complained of is not sustainable in law. But the High Court Division found no other alternative but to send the case back on remand to t..Category: Others | Date: | Hits: 140
Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)
....ed Senior Counsel for the appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ...... Suratunnessa and others……………………………….....Appellants Vs. Nurjahab Bibi and others……………......Respondents Judgment May 31, 2011. Result: The appeal is accordingly dismissed. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Seraju......State Acquisition and Tenancy Act praying for pre-emption, stating inter alia, that they are co-sharers and the original pre-emptee Mobaruk Ali, predecessor of the present petitioners, was a stranger to the case land and no notice of transfer was served upon the pre-emports and they came to know abo......earned Counsel. 8. Dr. Rafiqur Rahman, learned Senior Advocate appearing for the appellants has placed the leave granting order and submitted that the High Court Division has erred on facts and in law in not reversing the decision of the appellate Court and in not affirming the decision of the tr..Category: Property Law | Date: | Hits: 84
Mazharul Haque Vs. Bulk Management (Bangladesh) Ltd. and others, 1996, 25 CLC (HCD)
....being made a party to the fraud committed by the respondent Nos.2 and 3. The petitioner therefore has filed this application for winding up of Bulk Management (respondent No.1) on the ground of being justice and equitable. 8. An affidavit‑in‑opposition on behalf of the respondent Nos.1, 2 and...... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ....................Petitioner Vs. Bulk Management (Bangladesh) Ltd. and others.................Respondents Judgment April 4, 1996. Result: The application is rejected. Case Referred to- Re Chesterfield Catering Co. Ltd., (1976) All England Law Reports 294. Lawyers Involved: ...... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ..Category: Company Law | Date: | Hits: 185
Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)
....ch, the necessary action in accordance with the clear provisions of the Bidhi 58(8) of the said Bidhimala is liable to be taken against the said respondent. He finally submits that in the interest of justice the impugned order dated 26-1-1994 issued by the respondent No.1 suspending the petitioner, ......hree days casual leave and having obtained the leave granted by the respondent No. 1, the petitioner left the station for his village home and thereafter he fell ill and could not join his duties and accordingly, he prayed for extension of leave on medical ground by submitting as many as eight appli...... Upazila Nirbahi Officer and others……………..Respondents Judgment May 4, 2006. Lawyers involved: Md. Mazibar Rahman, Advocate—For the Petitioner. Md. Safed Ali, Assistant Attorney-General—For the Respondents. Writ Petition No. 3510 of 2004. Judgment MM Hossain J......-4-2004 communicated vide Memo No. স্থাসবি/উপ-১/প১/২০০০/৭৭(১)(৩) (Annexure L) dismissing the appeal should not be declared to have been made without any lawful authority and to be of no legal effect for having failed to conclude the proceeding drawn aga..Category: Employment/Service Law | Date: | Hits: 180
Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)
....e syndicate although appointments of other Departments were being duly considered by the Syndicate from time to time. As such the petitioner through his learned Advocate issued a Notice for demand of justice on 11-10-2000, for appointment to the post of Assistant Professor in the Department of Civil......l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398....... the Constitution of the People’s Republic of Bangladesh at the instance of Dr. Md. Alamgir, calling upon the Vice Chancellor, Bangladesh University of Engineering and Technology (BUET) and another to show cause as to why they should not be directed for finalisation of selection and appointment of......rofessor, Department of Civil Engineering, BUET in favour of respondent Nos. 3 and 4, issued under the signature of respondent No.2 (Annexure F and G) should not be declared to have been made without lawful authority and is of no legal effect. On the prayer of the petitioner, there was an order of s..Category: Employment/Service Law | Date: | Hits: 160
Agrani Bank, Janna Branch, Manikganj Vs. AFM Emamul Huq, 1998, 27 CLC (HCD)
....within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173.......11-90 and it further appears that on that date the learned Subordinate Judge abruptly converted the money suit into a suit under Artha Rin Adalat Ain and ordered for registering it as such and it was accordingly registered as Artha Rin Adalat Suit No.34/90 although neither party prayed for such conv......ch, Manikganj……………..Appellant Vs. AFM Emamul Huq………………Respondent Judgment January 7, 1998. Result: The appeal is allowed. Case Referred To- Managing Director, Rupali Bank limited and others Vs. Tafazal Hossain and others, 44 DLR (AD) 260. Lawyers Invo......aging Director, Rupali Bank limited and others Vs. Tafazal Hossain and others, reported in 44 DLR (AD) 260. 5. As we have decided to send the case back on remand for fresh trial in accordance with law, we are not inclined to enter into the merit of this case as this may prejudice either side. ..Category: Civil Law | Date: | Hits: 202
Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)
....acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360.......acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360.......lam Mia, Advocate with Faruk Hossain, Advocate with him-For the Respondents. Writ Petition No. 7870 of 2009 Judgment Md. Abu Tariq J.- This Rule nisi was issued calling upon the respondents to show cause as to why the notification স্থাসবি/পৌর-২/চবি-বিবি...... Government of the People’s Republic of Bangladesh, declaring vacant, the post of Panel Mayor-i, Mohammad Ismail of Teknaf Paurashava (Annexure-K) should not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Others | Date: | Hits: 136
.... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
...... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
......oard of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others………………Respondents
Judgment
April 27, 2010.
Result:
The Rule is discharged.
Cases Referred to-
Delhi Transport Corporation Vs. D.T.C. Mazdoor Congress, A.I.R. (SC) 101; Mohiuddin Faruquie'...... ২৫.০১.২০১০ (Annexure-C) passed by the Respondent No.1 and being instructed signed by Respondent No.3, in breach of section 82BB(1), shall not be declared to have been issued without lawful authority and is of no legal effect.
2. The back ground leading to the issuance of the pre..
Category: Fiscal/Taxation Law | Date: | Hits: 227
....ivision to review it’s own judgment and order, but it is also true that there was no provision precluding the High Court Division from exercising power of review. The Court’s inherent power to do justice to the parties before it, is an accepted one and for that the form in which the court shall ...... from the 65th syndicate meeting was forged, false and misleading. The contents and submissions made in paragraph No.13 of the said affidavit-in-opposition are also misleading and incorrect. In fact, according to the University Grants Commission (hereinafter referred to as ‘UGC’), investigation ......spaper Ltd. Vs. India AIR 1986 SC 872 O.P; Gupta Vs. India AIR 1987 SC 2257.
Lawyers Involved:
Dr. Kamal Hossain, with Rehan Husain, Advocates-For the petitioner.
ABM Altaf Hossain, Deputy Attorney General-For the respondents.
Review Petition No. 67 of 2010
(arising out of Writ Petit......s not complied with. On the other hand, several persons were given advance increments making them senior to previously appointed persons. They were arbitrary, unjustified, illegal and were done for unlawful gain. Some examples of such illegal appointment have been cited in paragraph No.4 of the abov..
Category: Administrative Law | Date: | Hits: 371
Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)
....ch was hidden in the water of the tank and no such injury was caused by accused Rashid. The learned Judge did not consider the defence case in its true perspective resulting in serious miscarriage of justice, as such, the accused appellants in both the appeal are entitled in law to be acquitted. ......bamboo hidden in water and as a result of such injury he died. The learned Additional Sessions Judge upon consideration of the evidence on record found the accused guilty of the offence of murder and accordingly sentenced each of them as aforesaid. 4. P.W.1 Md. Tajul Islam, brother of victim Sira...... For the Appellants in Criminal Appeal No.810 of 1994. AKM Faiz with Fakhrul Islam Mollah, Parveen Hannan, Advocate ‑ For the Appellant in Criminal Appeal No.557 of 1994. AFM Shahid, Deputy Attorney‑General - For the State. Criminal Appeal No.557 of 1994 with Criminal Appeal No.810 of 1......as such, the order of conviction and sentence passed by the learned Additional Sessions Judge is wholly misconceived and the order of conviction against these accused appellants is not sustainable in law. Mr. Huq further argued that no witness has deposed before the court stating in clear language t..Category: Criminal Law | Date: | Hits: 117
Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
....ranted by the trial Court was a legal one or whether appellate Court by setting aside the order of injunction has committed any illegality resulting in an error in the decision occasioning failure of justice. 7. Mr. Shafique Ahmed, the learned Advocate for the petitioner, submits that the action ......ith him. Again, it was brought before the executive committee on 23.7.95. The committee unanimously decided that the conduct of the petitioner would endanger the stability and harmony of the club and accordingly, they served a letter under Article 25, of the Memorandum of Articles of Association of ......r Ali...................Petitioner Vs. Dhaka Club Ltd. & others…………….........Opposite Parties Judgment July 11, 1996. Result: The Rule is discharged. Cases Referred to- Md. Delwar Hossain Khan Vs. Dhaka Club Limited, Miscellaneous Appeal No.209 of 1995; Shafiudd......and to comment which is needed. But in the present part of the litigation which is before me, I should not, so I refrain from doing so. At this stage, I am also restrained by the Settled principle of law to comment on the merits of the case of the parties that may prejudice other party at the time o..Category: Civil Law | Date: | Hits: 110
Sayed and 10 others Vs. State, 1996, 25 CLC (HCD)
....peal No.2425 of 1993 and appellant Md. Based Miah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ......peal No.2425 of 1993 and appellant Md. Based Miah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ......................Appellant Vs. State.......... …………….Respondent [In Criminal Appeal No. 2527 of 1993] Judgment May 28, 1996 Result: Criminal Appeal No.2425 of 1993 relating to Badal alias Abdul Awal is dismissed with the modification. Criminal Appeal No.2425 of 1993 in ...... this section is attracted only when the attempt is successful and complete. An attempt to realise money in the form of donation or otherwise has not been made a punishable offence under this special law. We, therefore, accept the submission of the learned Advocate for the appellants that the convic..Category: Criminal Law | Date: | Hits: 81
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
....d circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11.......ue and correct. As regards 2nd schedule of land the learned Subordinate Judge similarly rejected the defence case and held that the plaintiffs had 1/3rd share therein. The learned Subordinate Judge accordingly hold that the schedule 1 land belonged to Akram Ali alone and schedule 2 land belonged......ther…………………………Appellant Vs. Harun Mia and others…………………………Respondents Judgment May 22, 1982. Result: The appeal is allowed. Case Referred to- Ajiruddin Vs. Rahman Fakir, 13 DLR (S.C.) 191. Lawyers Involved: Shawkat Ali Khan with ......urchaser from some of the co-sharers who claimed to be in joint possession with the defendant. Their possession was not proved and as such the plaintiffs' case failed. Their Lordships laid down the law on the subject regarding the section 7 (vi-A) of the Court Fees Act and in doing so it was obser..Category: Property Law | Date: | Hits: 93
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
....ppellate Court below calls for any interference in revision. In the result the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ......ppellate Court below calls for any interference in revision. In the result the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ......………………….....Petitioner Vs. Mehar Khatun………………………………Opposite Party Judgment April 7, 1982. Result: The rule is discharged. Cases Referred to- Jwala Prashad Vs. Jwala Bank Ltd. (in liquidation), AIR 1961 All 381; Mr. Abilakhi Vs. Sada N......ppellate Court below calls for any interference in revision. In the result the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ..Category: Procedural Law | Date: | Hits: 119
Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)
....er Molla was discharged by the committing Magistrate on 4.10.78 while the other accused persons were committed to the Court of Sessions for trial. If the prosecution thought it fit in the interest of justice, the Public Prosecutor with the approval of the appropriate authorities could have moved the......viding in its schedule that section 437 shall be emitted. But since the accused petitioner was discharged by the enquiring Magistrate before the Law Reforms Ordinance, 1978 came into force, his case, according to section 6 of the General Clauses Act, 1897 (Act X of 1897), will be governed by the pro......etitioner. Md. Abdur Razaque Miah - For the State. Criminal Revision No. 429 of 1979. Judgment Mohammed Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner Dacca to show cause why the order dated 1.8.79 passed by Mr. Asaduzzaman, Additional Sessions Judge, Dacca......l. If the prosecution thought it fit in the interest of justice, the Public Prosecutor with the approval of the appropriate authorities could have moved the learned Sessions Judge, in accordance with law making out a case that accused Molla had been improperly discharged by the enquiring Magistrat..Category: Criminal Law | Date: | Hits: 92
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
....ember, 1993. Appeals were filed before the Principal of the College on 8-11-93 with no result. Finding no other alternative the petitioners through their lawyer sent a telegraphic notice demanding justice on 3-12-93. No reply having been received the demand for justice seemed to have been denied......…….Petitioner [Writ Petition No. 2195 of 1993] Vs. Principal, Chittagong Medical College and others.....................Respondent Judgment May 17, 1994. Result: The Rules are accordingly made absolute. Cases Referred to- Farid Sons Ltd. Vs. Government of Pakistan, 13 ......f 1993] Vs. Principal, Chittagong Medical College and others.....................Respondent Judgment May 17, 1994. Result: The Rules are accordingly made absolute. Cases Referred to- Farid Sons Ltd. Vs. Government of Pakistan, 13 DLR (SC) 233; Zakir Ahmed Vs. University of ......0-10-93 of the petitioners as students of Chittagong Medical College passed by the Respondent No.1 as evidenced by Annexure-13 to the petitions should not be declared to have been made without any lawful authority and of no legal effect or such other or further order or orders passed as to this C..Category: Others | Date: | Hits: 168
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