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Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535....... Jurisdiction) Present: ARM Amirul Islam Chowdhury J Md. Sirajul Islam J Dr. Md. Mahiuddin..............................Petitioner Vs. Dr. Hasanuzzaman Chowdhury and others ................................Opposite‑parties Judgment March 29, 1992. ......an authorised translation in English, both of which shall be certified as such by the Speaker of the Constituent Assembly. (3) A text certified in accordance with clause (2) shall be conclusive evidence of the provisions of this Constitution: Provided that in the event of conflict betwee..Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....ubmits that the grounds being all vague, indefinite, unspecific, irrelevant and inadequate no effective representation could be made on such grounds. The grounds are also not relevant to the existent facts and circumstances of the case. It is further pointed out that the first phase of the grounds r......gladesh, 31 DLR (AD) 1; Rawshan Bejoya Shawkat Ali, 18 DLR (SC) 214; Mrs. Sajaeda Parveen Banu, 40 DLR (AD) 178. Lawyers Involved: Amir‑ul Islam with Mesbahuddin, Md. Ruhul Amin Bhuiyan and Enayet Hossain, AdvocatesFor the Petitioner. Amirul Kabir Chowdhury, Deputy Attorney Gen......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...Category: Criminal Law | Date: | Hits: 156
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
....as issued calling upon the opposite party No.1 to show cause why the Order No.37 dated 19.3.85 passed by Munsif, First Court, Dhaka in Title Suit No.188 of 1982, should not be set aside. 2. The facts of the case are, that Abdul Huq, opposite party No.1 as plaintiff, along with 3 others filed T...... .........Opposite Parties Judgment March 13, 1991. Result: The Rule is discharged without any order for costs. Case Referred To- Haji Nurul Islam Vs. Ashraf Ali and others, 30 DLR 215. Lawyers Involved: Miah Abdul Gafur with Abbasuddin Ahmed, Advoca......assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ..Category: Civil Law | Date: | Hits: 166
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....n attempt to defend this action on the ground that Plaintiffs being a party to the deed were debarred from challenging it but the learned 1st appellate Court committed gross error in interpreting the facts in this regard. Plaintiff‑appellants are not party to the deed Ext. A and as such are entitl...... Abul Hossain Molla & others…………..Respondents. Judgment May 7, 1991. Result: The appeal is allowed. Case Referred To- Habibur Rahman Vs. Abdul Wadud and others, 21 DLR page 382. Lawyers Involved: Abdul Hamid Chowdhury, Advocate-For the A......ng 1.28 acre from Azibar’s sisters defendant Nos.8 and 9 for Rs. 2500.00 in February, 1967 and contesting defendants am in possession thereof on the basis of purchase. 5. Both the parties led evidence. documentary and oral, in support of their respective contention and the learned trial Cour..Category: Property Law | Date: | Hits: 122
Abul Kalam Chowdhury Vs. Mohammad Zulfiqar, 1991, 20 CLC (HCD)
....nd that the Tribunal has got no jurisdiction to count the votes. In the Tribunal 6 witnesses on behalf of the petitioner and 7 witnesses on behalf of the opposite party were examined. Considering the facts, circumstances and evidence on record and on counting the votes of the two disputed centres me...... Mohammad Zulfiqar .......... Opposite Party. Judgment May 26, 1991. Result: The Rule is made absolute. Lawyers Involved: Md. Ozair Farooq with Sadiqur Nahar Papri and Md. Serajul Islam, Advocates ‑ For the Petitioner. Shahabuddin Faiz. Advocate For the Op......got no jurisdiction to count the votes. In the Tribunal 6 witnesses on behalf of the petitioner and 7 witnesses on behalf of the opposite party were examined. Considering the facts, circumstances and evidence on record and on counting the votes of the two disputed centres mentioned above the Tribuna..Category: Election Law | Date: | Hits: 240
Abdul Aziz Vs. State, 1990, 29 CLC (HCD)
.... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ....... No One ‑ For the Respondent. Criminal Appeal No. 49 of 1989. Judgment AM Mahmudur Rahman J.- This is an appeal at the instance of the informant from an order of conviction and sentence passed against the accused‑Respondents Jahangir Alam and Sarwar passed by the Session......enal Code. The defence of the accused persons was of innocence and denial of the prosecution case as narrated by the informant. 5. After trial the learned Sessions Judge on consideration of the evidence on record found the absconding accused Sabur guilty of the charge under section 302 of the ..Category: Criminal Law | Date: | Hits: 110
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....ates ‑For the Opposite Parties. Civil Revision No.986 of 1988 and Civil Revision No.987 of 1988. Judgment Bimalendu Bikash Roy Chowdhury J.- As both the rules resting upon similar facts raise common questions of law they have been heard together and are being disposed of by this ......urt High Court Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Pubali Bank Limited ............Petitioner Vs. Monsur Ali Akanda and others………….Opposite Parties Pubali Bank Limited…….......Petitioner ......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589...Category: Labour and Industrial Law | Date: | Hits: 176
State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)
.... Abul Kalam Azad. These are all the evidences adduced by the night of prosecution in support of the prosecution case. The learned Sessions Judge, Manikganj upon considering the evidence on record, facts and circumstances found Abul Kalam Azad guilty of the offence under sections 302/34 of the Pen......essions Case No.42 of 1990 for confirmation of the death sentence passed upon the accused Abul Kalam Azad. The accused has been charged under sections 302/326/324 of the Penal Code for causing murder and grievous hurt as well as simple injury upon one Tofazzal Hossain Nanno Miah together with Sakhaw......ted in this case falsely due to enmity. 4. In all 9 witnesses were examined in support of the prosecution case but the defence examined no witness. 5. P.W.1 Jannatul Ferdousi has stated in her evidence that on 5.12.89 at about 5.30 PM accused Abul Kalam Azad entered into the house. He had a y..Category: Criminal Law | Date: | Hits: 125
Liton Vs. State and others, 1995, 24 CLC (HCD)
.... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ......) (1996) 102. ......n the subordinate Courts where a person is being harassed by an illegal prosecution, or where there is manifest and patent injustice apparent on the face of the proceedings or where the accusation or evidence on record does not justify a charge of any offence, or where trial is an abuse of the proce..Category: Procedural Law | Date: | Hits: 140
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
...., in favour of the complainant stating that the resolution dated 3.5.92 is not binding for all the learned Members of the Joypurhat Bar Association. He submits that there was no forgery at all in the facts and circumstances of the case as on the materials on record. 10. Mr. Akhtar Imam, the lear......ourt Division (Criminal Miscellaneous Jurisdiction) Present: Md. Mozammel Hoque J Md. Tafazzul Islam J SA Alim ..................................Appellant Vs. Dr. Md. Golam Nabi and another……………………………………….Respondents Judgment November 3, 199......aintain the observation of the Tribunal that the Tribunal had gone through the entire resolution book, Ext. 12 on 2.12.93. 13. Considering the facts and circumstances of the case and the material evidence on record, we are of the view that the finding of forgery is absolutely based on presumptio..Category: Others | Date: | Hits: 139
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
.... cause as to why the impugned order dated 16.8.95 passed by the Sessions Judge, Dhaka, in Sessions Case No.256 of 1995 arising out of Panchlaish PS Case No.23(2)95 shall not be set aside. 2. Short facts of this case are, that this is an application under sections 439/435 of the Code of Criminal P......dent Lieutenant General (Rtd.)]..............Petitioner Vs. State ............Opposite Party Judgment November 9, 1995. Result: The Rule is made absolute. Lawyers Involved: Khandker Mahbub Hossain with Golam Kibria, Md. Afzal Hossain, Md. Harun‑or‑Rashid and Khurshida Bi......been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ..Category: Criminal Law | Date: | Hits: 121
....le the question of reconveyance does not arise. That is why the expression "with an agreement to reconveyance" is used in section 95A of the Act, otherwise the expression will have no meaning. On the facts of the impugned order it is found that the Member of the Land Appeal Board has come to a findi......n)
Present:
AM Mahmudur Rahman J
Mahfuzur Rahman J
Rup Charan Das @ Sree Rupcharan Das & another................Petitioners
Vs.
Government of the People's Republic of Bangladesh and others.............Respondents
Judgment
May 21, 1995.
Result:
The application is rej......aintainability of this writ petition.
For the above discussion, this application is rejected summarily without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 94...
Category: Property Law | Date: | Hits: 95
Mizan Howlader Vs. Bangladesh, 1995, 24 CLC (HCD)
....sion and the Appellate Division that for inordinate delay a Writ Petition is liable to be rejected. This petition is not only not maintainable but as well suffers from inordinate delay in view of the facts that the Gazette Notification impugned is of November 14.11.1992 while the petition is present...... Mahfuzur Rahman J Mizan Howlader...............Petitioner Vs. Bangladesh, represented by the Secretary in the Ministry of Establishment, Government of the People’s Republic of Bangladesh and another...............Respondents Judgment July 12, 1995. Result: The petition is re......stated above, this petition fails and is liable to be rejected. Accordingly, we reject this petition without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 91. ..Category: Constitutional Law | Date: | Hits: 247
Anwar Hossain & others Vs. State & others, 1995, 24 CLC (HCD)
....ention also. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 89. ......Haque J Anwar Hossain & others..................Petitioners Vs. State & others.................Opposite Parties Judgment November 23, 1995. Result: The Rule is discharged and the order of stay stands vacated. Lawyers Involved: Mustafa Niaz Mahmud, Advocate ‑ For ......ention also. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 89. ..Category: Procedural Law | Date: | Hits: 109
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....o.2, Chairman, Third Labour Court, Dhaka in I.R.O. Case No.10 of 1985 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Shortly stated the relevant facts necessary for the disposal of the Rule are that the petitioner M/s Adamjee Jute Mills Ltd., ......ginal Jurisdiction) Present: Mustafa Kamal J AM Mahmudur Rahman J M/s. Adamjee Jute Mills Ltd.…………………….....................Petitioner Vs. Chairman, 3rd Labour Court and another.....................Respondent Judgment July 20, 1986. Result: The Rule is ......, it has been stated, was ready with the adjournment cost, but the same was not accepted by the learned Advocate for the respondent No.2. Thereafter the Court examined respondent No.2 and took into evidence the documents filed by the said respondent and heard the arguments of the learned Advoc..Category: Procedural Law | Date: | Hits: 180
....gards demolition of the structures raised by the defendants.
The Rule is accordingly disposed of. There shall be no order as to costs.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 8.......nch)
(Civil Revisional Jurisdiction)
Present:
Bimalendu Bikash Roy Chowdhury J
Bisheswar Dutta being dead his heirs No.1 (a) Bilasmani Datta…………Petitioner
Vs.
Sree Gopal Chandra Dey being dead his heirs No.1 (a) Harendra Chandra Dey & others ……………………......by the defendants.
9. The learned Advocate for the petitioner attempted to assail the finding of the learned Munsif on possession and dispossession and pointed out certain discrepancies in the evidence of P.Ws.3 and 4. It appears that the learned Munsif has considered the evidence of all the ..
Category: Property Law | Date: | Hits: 119
Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)
....rned Munsif only on 10.12.1977. The learned Munsif accepted the explanation as constituting sufficient cause and accordingly passed the impugned order. 7. There is no hard and fast rule as to what facts would constitute a sufficient cause. It depends on the facts and circumstances of individual c......while the plaintiffs are the opposite party Nos.1-4. 2. Sometime in 1969 the plaintiffs brought the suit in the First Court of Munsif, Patuakhali praying for setting aside of a certificates sale and for confirmation of their joint possession with defendant Nos.3-45 upon allegations that they jo......howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6...Category: Civil Law | Date: | Hits: 121
.... If default is made as aforesaid, the Court may, on the application of any member of the Company, call or direct the calling of a general meeting of the company.”
6. Applying section 76 to the facts and circumstances of the present case the Registrar draws the following conclusions:-
a) Th......987) 1.......his powers to initiate appropriate legal proceedings against it and its directors/managers under section 76(2) of the Companies Act. The annual return filed by the company will itself be a piece of evidence against it and its directors/managers. He cannot, however, withhold acceptance of any fil..
Category: Company Law | Date: | Hits: 306
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
.... should not be declared to have been made without lawful authority and is of no legal effect on filing an application under Article 102 of our Constitution. 2. The Rule arises out of the following facts: The petitioner, Dalia Parveen on September 3, 1981 joined the Bangladesh Biman Corporation, h...... High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Dalia Parveen.................petitioner Vs. Bangladesh Biman Corporation and another...……………….Respondents Judgment July 19 & 20, 1995. Result: ...... of the then First Lady of Bangladesh had no legal sanction. It further states that the petition raises some substantial dispute of facts which cannot be, resolved in writ jurisdiction without taking evidence and the Rule is liable to be discharge. 6. Mr. Asrarul Hossain contends first, that the..Category: Employment/Service Law | Date: | Hits: 361
....decision whereby it has disapproved of the order of dismissal of the petitioner, and accorded approval to the said order of dismissal in view of section 21 of the General Clauses Act, 1897.
7. The facts in this case are admitted.
8. It is admitted that the petitioner was appointed as a teacher......reme Court
High Court Division
(Special Original Jurisdiction)
Present:
Naimuddin Ahmed J
Md. Ruhul Amin J
Sheikh Roushan Ali...........Petitioner
Vs.
Board of Intermediate and Secondary Education, Jessore and others..........Respondent
Judgment
August 29, 1995.
...... at Annexure‑D (2) to the writ petition.
In the circumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121...
Category: Employment/Service Law | Date: | Hits: 226
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