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Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)
.... instant dime suits filed on three fixed deposits. In this view of the matter, the learned Subordinate Judge has committed no error of law resulting in an error in the decision occasioning failure of justice in passing the impugned orders under which the written statement was accepted and a date was......ts filed by the petitioner on the basis of the three fixed deposit receipts. In other word, he submits that Order 37 of the CPC prescribing summary procedure is not attracted to the present suits and accordingly, the orders passed by the learned Subordinate Judge in the three suits are perfectly val......irul Islam J Ansarul Huque...................Petitioner Vs. Agrani Bank..................Opposite Party Judgment May 5, 1996. Result: The Rules are discharged. Cases Referred to- Travancore National & Quilon Bank Ltd., AIR. 1940 (Mad.) 157; Ranganathan Vs. Periakarupp...... Division or the District Court has such jurisdiction to deal with such a suit. In this view of the matter, the petitioner has prayed that institution of the suits being contrary to the provisions of law, the suits should be transferred from the Court of the Subordinate Judge to that of the learned ..Category: Civil Law | Date: | Hits: 87
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54....... J Rezaul Bari (Md.)....................Petitioner Vs. Bangladesh & others .........Respondents Judgment March 9, 2010. Result: The Rule is discharged. Cases Referred to- Makbul Hossain Vs. State, 40 DLR 326; Khorshed Alam Vs. State, 27 DLR 111. Lawyers Involve......ith Section 5(2) of the Prevention of Corruption Act, 1947 pending in the Court of the Chief Judicial Magistrate, Rangpur (Annexure-A) should not be declared to have been initiated and issued without lawful authority and is of no legal effect. 2. The relevant facts, for disposal of this Rule, in ..Category: Anti-Corruption Laws | Date: | Hits: 142
SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)
....and title in the suit land, if, before disposal of the suit, defendants make any construction in suit land and transfer the same, then there will be multiplicity of suit. He adds that for the ends of justice defendants should be restrained by an order of temporary injunction in terms of the prayer. ......6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51.......s.........................Petitioners Vs. Kambar Ali and others..........................opposite-parties Judgment July 13, 2010. Result: The Rule is discharged. Cases Referred to- Ali Ahmed Vs. Rezia Begum, 1986 BLD 326; Fahim-al-Haque Vs. Md. Abdul Aziz, 43 DLR 226; Mofaz...... be denied by an interlocutory order of injunction which would be inequitable. Therefore, the Court below after appreciating the materials on record by rejecting the application committed no error of law. So, we failed to discover any merit in the submissions advanced by the learned Counsel for the ..Category: Civil Law | Date: | Hits: 111
..... Without initiating any proceeding or even without issuing any notice the action impugned against was taken by the respondent No.1 which in our view is certainly in violation of principle of natural justice and also flouts the provision of Article 40 of the Constitution by which right to trade, bus......aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 49.
......ction)
Present:
Md. Ashfaqul Islam J
SM Emdadul Hoque J
Saint Martin Commodities Limited...................Petitioner
Vs.
Chairman & Joint Commissioner, Licensing Authority, Customs House & Others………Respondents
Judgment
February 23, 2010.
Result:
The R...... /4676(20) dated 18-6-2007 (Annexure-E) passed by the respondent No.1 canceling petitioner's Clearing & Forwarding Agent's License No.143/91-ICD should not be declared to have been issued without lawful authority and is of no legal effect.
2. The background leading to the petiÂtion, in short..
Category: Business or Commercial Law | Date: | Hits: 656
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37.......ongwith the instant First Appeal. A supplementary cause list is prepared to dispose of the connected Civil Rule. As the appeal is allowed, the conÂnected Civil Rule No.171 (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records ......ia and others........................Appellants Vs. Bangladesh and others.......................Respondents Judgment June 3, 2010. Result: The appeal is allowed. Cases Referred to- Joynal Abedin Vs. Hafizur Rahman, 13 BLD (AD) 150 = 44 DLR (AD) 162; Abdullah Vs. Abdul Karim......rents in the Tahsil Office and municipal taxes in the municipality which were accepted by the relevant offices without any objection. The learned Advocate also submitted that the trial Court erred in law in disbelieving the exhibits filed by the plaintiffs without any cogent reason though no objecti..Category: Property Law | Date: | Hits: 147
Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ......p between application and disbursement of the loan prices of machineries and cost of construction rose up and for that matter additional fund was required for completÂing the project. The petitioner accordingly applied for additional loan and on 12.2.81 an additional loan of Tk. twenty lakhs was sa......risdiction) Present: Syed Misbahuddin Hossain J Qazi Shafiuddin J Mannaco Lab. Ltd.......................Petitioner Vs. General Certificate Officer & Bangladesh Shilpa Bank, Taltola, Hill Town Hotel..................................................Respondents Judgment A......e the General Certificate Officer (Respondent No.1). Sylhet and the notice dated 29.2.88 issued by respondent No.1 in the aforesaid Certificate case should not be declared to have been passed without lawful authority and of no legal effect. 2. On the date of issue of the Rule i.e. on 11th July, 1..Category: Civil Law | Date: | Hits: 171
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....ent Rule. 7. Mr. Hasan Foez Siddique, the learned AdvoÂcate appearing for the petitioners, firstly submits that the learned Subordinate Judge committed an erÂror of law resulting in a failure of justice in not holding that the Misc. Appeal No.11 of 1984 was not at all maintainable in as much as......roper Court fees ought to have been paid thereon by the plaintiff-petitioners. Section 7-viiiA of the Court Fees Act runs thus:— "In suits to set aside decrees passed for asÂcertained amounts—according to the amounts of the decrees sought to be set aside, or where such decrees are not for an......................Petitioners Vs. Abdul Karim Sheikh & others.........................Opposite Parties Judgment May 31, 1989. Result: The Rule is made absolute. Cases Referred to- 26 DLR(AD)1(8);38 DLR (AD)33(8);22 DLR (SC)102(11);AIR 1957 Cal. 242(11);22 DLR (SC)144(13). ......is Court and obtained the present Rule. 7. Mr. Hasan Foez Siddique, the learned AdvoÂcate appearing for the petitioners, firstly submits that the learned Subordinate Judge committed an erÂror of law resulting in a failure of justice in not holding that the Misc. Appeal No.11 of 1984 was not at ..Category: Procedural Law | Date: | Hits: 174
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....f the case and also in view of the fact that the accused appellant after commission of the crime however did not abscond and he was in custody for a long period during trial, we feel that the ends of justice will be sufficiently met if we reduce the sentence of 14 years RI of the convict appellant t......nformation Report was lodged with the Bamna Police Station by one Abdul Barek Sheikh, Officer‑in‑Charge, Bamna Station against the husband of the victim, namely accused Abdus Sukur and a case was accordingly started under section 302 of the Penal Code. The police took up the investigation of the......…………Appellant Vs. State…………………………Opposite Party Judgment June 19, 1994. Result: The appeal is dismissed with modification of sentence. Cases Referred to- Firoza Begum Vs. Harmuz Ali and another, 40 DLR 161; Nurul Islam & others Vs. State, 40 D......Attorney-General therefore contends that framing of the charge and trial of the accused appellant under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 was fully justified in law. 8. Now, in order to appreciate the above submissions of the learned Advocates on this point,..Category: Criminal Law | Date: | Hits: 135
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......Nath and Girish Chandra. They each inherited 4 annas share. Chandra Nath died leaving only son Sukmon Singh who inherited the entire 8 annas share of his father. The CS khatian was correctly recorded accordingly in the name of Darika Nath, Girish Chandra and Sukmon. Darika Nath died leaving his son ......ara Mohan Barman...............Petitioner Vs. Ananda Mohan Barman & others..............Opposite Party Judgment June 18, 1995. Result: The Rule is discharged. Cases Referred to- Md. Arabulla Vs. Durga Prasad Tribedi, 11 DLR 539; Shah Bann Begum Vs. Iftekhar Mohammad Khan......e in the suit land. No document or authentic paper is produced by plaintiff to show the relinquishment of their share by Girish Chandra and Sukmon in favour of Darika Nath. It is settled principle of law that relinquishment does not create any title in favour of the person in whose favour relinquish..Category: Property Law | Date: | Hits: 123
Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153.......tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153.......€¦â€¦â€¦â€¦Petitioner Vs. Secretary Ministry of Home Affairs & others…………….Opposite Parties Judgment May 24, 1989. Result: The Rule is made absolute. Cases Referred to- Lakshman Khatik Vs. State of West Bengal, 1974 IV Supreme Court Cases 1. 7975 (2) Supreme Cou......ld that the detaining authority failed to furnish a rational nexus between the grounds and the passing of the detention order and hence the same must be declared as illegal and not in accordance with law. Other grounds as urged by the learned Advocate for the peÂtitioner are not necessary to deal i..Category: Criminal Law | Date: | Hits: 109
Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
....ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is decreed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ...... the Sonaullah Waqf Estate of which the plaintiff is the Mutwalli at a monthly rent Tk.125/-which was subsequently enhanced to Tk. 125/- per month since 1st of Baisakh, 1390 B.S. The rent was payable according to Bengali month within the expiry of the month for which it was due as per an oral agreem.....................Petitioner Vs. Abdul Rashid Khan & others .............Opposite Parties Judgment June 22, 1989. Result: The rule is made absolute. Cases Referred to- M/s. A. Haque and Co. & another Vs. Alhaj Zakir Hossain, 40 DLR (AD) 109; M/s. Binning ......xt following that for which the rent was payable under the provision of section 18(5) of the Premise Rent Control Ordinance, 1986 and as such the learned Small Cause Court Judge committed an error of law in holding that the rent was payable in yearly instalment. 7. Mr. Dutta has further submit..Category: Tenancy Law | Date: | Hits: 214
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
.... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ......t the intention of the Legislature that the power conferred under the Special Powers Act and the power conferred under the Code of Criminal Procedure will be exercised by the Court in cither capacity according to the necessity just because an application under section 435 is filed by the informant b......€¦â€¦â€¦â€¦â€¦â€¦..Accused Petitioner Vs. The State……………………...............Opposite Party Judgment June 27, 1989. Result: The Rule is made absolute. Cases Referred to- 29 DLR 428; 30 DLR 125; 31 DLR 242-243; Md. Kalu Bhuiya alias Kalu Vs. Special Tribunal No. I......olice report which not only means charge sheet but also includes final report. Section 27(1) of the Special Powers Act lays down: "Notwithstanding anything contained in the Code or in any other law for the time being in force, a Special Tribunal may lake cognizance of the offence triable under..Category: Criminal Law | Date: | Hits: 103
Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....powers under secÂtion 10 CPC in our opinion, but in exercise of powers under section 151 CPC, in order that the proceedings under the special law are given an unhinÂdered passage in the interest of justice. 11. Besides, the opposite party has instituted the Miscellaneous Case after obtaining sp......eign Currency Loan Account and prayed for injunction from realisÂing Tk.1,10,45, 529/00 from the petitioner and also prayed that the calculation of the Shilpa Bank of the said loan amount be reduced accordingly and a decree be passed for recovery of Tk. 19.38,963.66 against the opposite party. 3......Ahmed Silk Mills Ltd.......................Petitioner Vs. Bangladesh Shilpa Bank.............Opposite Party Judgment June 29, 1989. Result: The Rule is discharged. Cases Referred to- Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 38 DLR (A.D.) 70. Lawyers Involved: ......Judge rejected the said applicaÂtion by the impugned order dated 25.8.85 on the ground that the Miscellaneous Case has been filed under a Special Law and the Title Suit was filed unÂder the general law. The case under special law, therefore, cannot be stayed till the disposal of the suit institute..Category: Civil Law | Date: | Hits: 119
Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)
....m no illegality. He further submits that Public Prosecutor is in charge of all criminal cases in the District and he had implied authority to conduct all criminal cases for administration of criminal justice and as such no specific order is also necessary on beÂhalf of the Government for revival of....... The SesÂsions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ........Opposite Party Judgment June 27, 1989. Result: The Rule is discharged. Lawyers Involved: Humayun Hussain Khan, Advocate—For the Petitioners. A.K.M. Shamsul Karim, Assistant Attorney General with S.B. Barua, Advocate-For the State. Criminal Revision No.16 of 1988. Judgm......sent case the Public Prosecutor who filed the application for revival had no authority or inÂstruction to file the application and as such the reviÂval order is illegal and not authorised under the law. 4. Mr. A.K.M. Shamsul Karim, the learned AsÂsistant Attorney-General appearing for the Stat..Category: Procedural Law | Date: | Hits: 143
Taslima Begum @ Anguri and another Vs. State, 1989, 18 CLC (HCD)
....elated to cases, of taking cognizance by a Magistrate are not relevant for our purpose. Thus the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 136. ......ion 167 will also apply in the case of a Special Tribunal. Section 5(2) reads as follows:— "All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions but subject to any enactment for the time being in force regulating......h section 25 of the Special Powers Act, 1974 pending in the Court of Special Tribunal No.2, DhaÂka. 2. The present case arose on the basis of a first information report lodged by one Police Inspector, C.I.D., Dhaka on 19.6.88 in which it is alleged that while investigating Tejgaon P.S. Case No.3......arned Advocate on a reference to section 5(2) of the Code argued that section 167 will also apply in the case of a Special Tribunal. Section 5(2) reads as follows:— "All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same prov..Category: Criminal Law | Date: | Hits: 84
Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)
....istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ......istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ......Jurisdiction) Present: Mashuque Hosain Ahmed J M Enayetur Rahim J Delwar Hossain (Md.)…................Appellant Vs. State......................Respondent Judgment October 19, 2009. Result: The appeal is allowed. Cases Referred to- Abdur Razzak Talukder ......h Tarique, the learned Assistant Attorney General supported the judgment and order passed by the learned Tribunal and submits that in convicting the appellant the Tribunal did not commit any error of law or illegality. He further submits that the illegal possession and control of the arms by accused..Category: Criminal Law | Date: | Hits: 128
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....de Memo No.4 of 1986 dated 26‑6-86 removing the plaintiff from the service of Assistant Headmaster of Rajshahi Girls High School, Rajshahi is illegal, collusive and against the principle of natural justice and also with a prayer for decree of permanent injunction restraining the defendant‑petiti......loyee is confirmed. In order to appreciate the submissions of both the lawyers it is necessary to examine the legal aspect of the case. In the relevant rules probation has not been defined. Probation according to Shorter Oxford Dictionary means "the action or process of testing or putting to the pro......ool, Rajshahi and others..................Petitioners Vs. Md. Abdul Mannan...............Opposite Party Judgment July 16, 1995. Result: The Rule is made absolute. Cases Referred to- 14 DLR (SC) 17, 20 DLR (SC) 79; 31 DLR (AD) 298; State of UP Vs. Akbar Ali, AIR 1966 SC (1742......defendant's case, in short, is the denial of the averments made in the plaint and that the suit is not maintainable in the present form, the suit suffers from defect of parties, the suit is barred by law of limitation. The further case of the defendant is that the plaintiff was appointed on probatio..Category: Employment/Service Law | Date: | Hits: 166
Dainik Janakantha Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity, 1997, 26 CLC (HCD)
....In view of our discussion as above we find that the learned Subordinate Judge committed error of law in passing the impugned order thereby resulting in an error in the decision occasioning failure of justice. The impugned order cannot be maintained. In the result, this Rule is made absolute witho......e impugned order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.118 of 1996 is set aside Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 470. ......HCD) (1996) 470. ......formance of an agreement in a case where parties are entitled to revoke or dissolve the agreement. Underlying reasoning is that it will be idle to pass a decree which can be undone by the other party lawfully. Clause (d) of section 21 of the Specific Relief Act states that a contract which in its na..Category: Civil Law | Date: | Hits: 169
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....ituation. (2) Thus when they fulfil their term appointed, either take them back on equitable terms or part with them on equitable terms; and take for witness two persons from among you endued with justice, and establish the evidence for the sake of Allah. Such is the admonition given to him who b......davit before the Thana Magistrate Patia on 25-5-92. Further case of the defendant is that on 26-5-92 he filed an appliÂcation before the union conciliation council to take 2nd wife and plaintiff was accordingly notified and a date of hearing was fixed on 19-6-92 and on the said day the matter was h......llate Court is upheld with modification. Lawyers Involved: No one appears. Civil Revision No.1293 of 1996. Judgment SM Emdadul J.- The Rule was issued calling upon the opposite parties to show cause as to why the judgment and decree dated 4-11-1995 passed by the Subordinate Judge and ......llah does not approved that the marriage relationship that has been established between a man and a woman should ever broke. The Holy Prophet Mohammed (Peace be upon him) has said "Allah has not made lawful anything more hateful in His sight than Divorce" (Abu Daud) And: "Of all the things permitted..Category: Family Law | Date: | Hits: 202
Eliadah McCord Vs. State, 1995, 24 CLC (HCD)
....d to do such a thing and since she made a categorical statement before this Court that in future she would not do anything like this and she begged mercy of the Court, we are of the view that ends of justice will be met if we alter the conviction and sentence of life imprisonment and award her minim......t in the trial. When the girl was brought, before this Court on 2‑8‑95, she herself stated before the Court that her date of birth is 27‑3‑1973 and in her passport the date of birth was given according to the School certificate. Since she herself admitted that her date of birth is 27‑3‑7...... is allowed in part. Lawyers Involved: Obaidur Rahman Mostafa with Farid Ahmed, Syed Khalequzzaman, Bahreen Khan and Rezeen Taheer, Advocates ‑ For the Appellant. M. Shamsul Alam, Deputy Attorney General ‑ For the State. Criminal Miscellaneous Case No.2085 of 1995. Criminal Appeal......(Prison), Dhaka Central Jail, Dhaka, to show cause as to why the detenu Eliadah McCord, now detained in Dhaka Central Jail, should not be brought before this Court to be dealt with in accordance with law and why her detention should not be declared illegal. 2. This appeal, namely, Criminal Appeal..Category: Criminal Law | Date: | Hits: 162
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