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Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....f fact. It is concerned with the questions as to whether the appellate Court in giving a particular finding has committed any error of law resulting in an error in the decision occasioning failure of justice or such finding is found to have resulted from glarÂing misconception of law or there is mi......e-emption. There is no dispute that the pre-emptees raised the point of defect of parties in the trial Court, of course in an evasive manner but that the trial Court had considered the said issue and accordingly, the point was decided. The opinion expressed in Abdus Samad being a larger Bench, the s..............Appellants Vs. Galman Begum and others……………………………………………Respondents Judgment June 15, 2011. Result: The appeal is allowed. Cases Referred to- Abdus Samad Vs. Md. Sohrab Ali, 33 DLR (AD)113; Abdur Rashid Sarker Vs. Dines Chandra Das, 58......, the evidence on record, the judgÂments and submits that the manner in which the High Court Division interferes with the judgment of the lower appellate Court is against the settled prinÂciples of law, inasmuch as, the lower appellate Court upon proper sifting of the evidence on record has held &..Category: Property Law | Date: | Hits: 138
Makbul Ali & others Vs. Manwara Begum & others, 1987, 16 CLC (HCD)
....o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181.......o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181.......………………Opposite-parties Judgment January 15, 1987. Result: The Rule is made absolute. Lawyers Involved: No one appears -For the Petitioner. Moazzem Hossain, Deputy Attorney General -For the State. Criminal Revision No.54 of 1985. Judgment Anwarul Hoque Chow......ce as it stood originally included a non-obstante clause as spelt out in section 3 of the said Ordinance which provided that the provision of the said Ordinance shall have effect not withstanding any law, custom or usage. But the said clause was omitted by Act 52 of 1974 for obvious reasons as in Mu..Category: Family Law | Date: | Hits: 193
Elahi Bux Vs. State, 1986, 15 CLC (HCD)
....e rendered by him to this Court. This application is, therefore, summarily rejected. Bimalendu Bikash Roy Choudhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 164. ......e rendered by him to this Court. This application is, therefore, summarily rejected. Bimalendu Bikash Roy Choudhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 164. ...... Court High Court Division (Criminal Appellate Jurisdiction) Present: Daliluddin Ahmed J BB Roy Chowdhury J Elahi Bux…………………………………Convict/Appellant (In Custody) Vs. State……………………………………………Respondent Judgment F......ion Meerut Cantonment, AIR 1941 Allahabad 207. 5. Answer to the whole question depends upon the interpretation of sub-section (2) of section 29 which is reproduced below:- (2) Where any special law prescribes for any 'suit, appeal or application a period of limitation different from the period..Category: Limitation Law | Date: | Hits: 222
....d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 158.
......d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 158.
......Court
High Court Division
(Special Original Jurisdiction)
Present:
Mustafa Kamal J
AM Mahmudur Rahman J
Ruhul Amin……………………………………Petitioner
Vs.
Director, Drug AdminisÂtration and Licencing Authority (Drugs), DiÂrectorate of Drug Administration…â......der the signature of the respondent No.1 the Director, Drug Administration and LicenÂcing Authority (Drugs), Directorate of Drug Administration should not be declared to have been passed without any lawful authority and of no-legal effect.
2. The case of the petitioner is that he is a manufactur..
Category: Others | Date: | Hits: 184
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
.... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ......ency of the aforesaid two cases. 5. P.W.27 sent the written First Information Report filed, by P.W.1 to the officer-in‑charge, Brahmanbaria Police Station through VDP Commander Moksed Ali and accordingly, Brahmanbaria Police Station Case No.23 dated 9‑9‑89 under section 364 of the Penal ......90 and 1373 of 1990 are allowed. Jail Appeal Nos.959 of 1990, 960 of 1990, 965 of 1990, 964 of 1990, 962 of 1990, 1374 of 1990, 1371 of 1990 and 1370 of 1990 are dismissed. Cases Referred to- Akhter Hossain and other Vs. State, 44 DLR 83; Ram Chandra and another Vs. State of Uttar ......d reported the occurrence and the recognition to P.Ws. 1, 18 and others. 4. The further allegation of the prosecution is, that in October, 1987 condemned prisoner Tajul Islam and his son‑in‑law Inu Mia abducted Shashanka Debnath for which ST Case No.52 of 1988 was pending against them in t..Category: Criminal Law | Date: | Hits: 139
Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)
....t’s power is not restricted to the grant of relief of reinstatement only. It can pass any order deemed just and proper in the facts and circumstances of the case. Labour Court has been set up to do justice to the worker complainants and not to throw out the cases filed by the workers on technical ......and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ......vocates - For the Petitioner. Writ Petition No.2607 of 1992. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioner Md. Azizul Huq calling upon the respondents to show cause as to why Judgment and order dated 27‑01‑82 passed by the Labour Court, Khulna in ......ondents to show cause as to why Judgment and order dated 27‑01‑82 passed by the Labour Court, Khulna in Complaint Case NO.29 of 1979 (Annexure F) shall not be declared to have been passed without lawful authority and of no legal effect. 2. Learned Advocate appearing for the petitioner after p..Category: Labour and Industrial Law | Date: | Hits: 162
Abdus Sattar Vs. Chairman, Labour Court, Chittagong and another, 1996, 25 CLC (HCD)
....members the chairman finds the same contrary to law or unreasonable then the chairman can discard the same. But when the advice tendered by the members is well reasoned and in consonance with law and justice the chairman should give proper weight to such advice. While discarding well reasoned advice......dent No.2 is directed to give termination benefit to the petitioner within 30 days from date. Send down the lower Court's records. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 525. ......CD) (1996) 525. ...... members is not binding on the chairman. But the chairman is to consider the advice in deciding a case. If after considering the advice tendered by the members the chairman finds the same contrary to law or unreasonable then the chairman can discard the same. But when the advice tendered by the memb..Category: Labour and Industrial Law | Date: | Hits: 183
....s rule is discharged withÂout any order as to cost. The stay granted earlier is hereby vacated.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 145.
......s rule is discharged withÂout any order as to cost. The stay granted earlier is hereby vacated.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 145.
......of Bangladesh as revived, is directed against the Circular No.Sectt 11/M-181/81 (branch) 341/3 dated 25.02.1985 issued by the Ministry of Works, inviting Metropolitan Chamber of Commerce and Industry to send panel of three persons for appointment as a Trustee to the Board of Trustee's, Dhaka Improve......n this Rule was issued on 01.07.1985 upon the respondents to show as to why the Circular dated 25.02.1985 (Annexure-A) issued by the respondent No.1 should not be declared to have Keen passed without lawful authority and thus of no legal effect. Pending heating of this Rule the operation of the impu..
Category: Civil Law | Date: | Hits: 162
Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)
....e without lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ......tee held the enquiry in his presence during which witnesses were examined. The respondent No.2 was heard in person. The Enquiry Committee ultimately found the Respondent No.2 guilty of misconduct and accordingly, submitted a report on the basis of the said report the respondent No.2 was dismissed fr...... from 345PM and an explanation was called for from the respondent No.2 against the charges levelled against him. The Respondent No.2 duly submitted his explanation and an enquiry committee enquired into the charges levelled against him. The Enquiry Committee held the enquiry in his presence during w......the said power of the learned Labour Court is not in any way limited. As such, according to the learned Advocate for the respondent No.2, the order passed by the learned Labour Court was according to law and should not be interfered with by this Court in its writ jurisdiction. 9. There is no disp..Category: Labour and Industrial Law | Date: | Hits: 162
Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)
....hat an appeal was preferred being Election Tribunal Appeal No.4 of 1992. The learned Appellate Tribunal after hearing assessed the evidence on record in its entirety and felt it necessary for ends of justice that the recounting should be made with respect to the two centres namely; Waruk High School....... Election Tribunal, Cox's Bazar, Chittagong and another, reported in 31 DLR (AD) 191 wherein their Lordships have held that "Election result when alleged to be materially affected, to be ascertained according to law of secrecy to be observed to a certain extent but not at the cost of defeating purp.........................Petitioner Vs. Md. Mozaffar Hossain and others........................Respondents Judgment November 14, 1994. Result: The Rule is made absolute. Cases Referred to- Nadar Ali Khan Vs. AKM Ahmedullah Chowdhury and others, 39 DLR 193; Abdul Hannan Vs. Election......bsequently and that no remarkable discrepancy was found after recounting the ballot papers of Dopolla Janata High School Centre. The learned Appellate Tribunal on total disregard of the provisions of law and on wrong assessment of the evidence on record passed the impugned Judgment and order declari..Category: Election Law | Date: | Hits: 273
Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)
....Union Parishads) Ordinance, 1983 is appealable under that section and the learned District Judge has, therefore, committed an error of law resulting in an error in the decision occasioning failure of justice is refusing to entertain the appeal. 6. Mr. A.K. Badrul Huq the learned Advocate appearin......District Judge, Pirojpur. The learned District Judge took the view that no appeal lay from the order under sub-section (4) of section 29 of the Local Government (Union Parishads) Ordinance, 1983 and, accordingly, rejected the memorandum of appeal preferred against the order for recounting of ballots...........................Petitioner Vs. Selimuzzaman.......................................Opposite Party Judgment September 25, 1986. Result: The Rule is discharged. Case Referred to- Md. Kabir Vs. Momtazuddm, B.C.R. 1985 (HCD) 276. Lawyers Involved: Abdul Quayum, Advoca......he meaning of sub-section (4) of section 29 of Local Government (Union Parishads) Ordinance, 1983 is appealable under that section and the learned District Judge has, therefore, committed an error of law resulting in an error in the decision occasioning failure of justice is refusing to entertain th..Category: Election Law | Date: | Hits: 309
Elahi Baksh Vs. State and others, 1986, 15 CLC (HCD)
....same purpose in more general terms. The explanation to the section says that in determining whether any error, omission or irregularity in any proceeding under this Code had occaÂsioned a failure of justice, the Court shall have regard to the fact whether the objection could or should have been rai......ed not be quashed. For the reasons stated above the Rule is discharged. Send down the records at once. SF Ahmed J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 137. .......................................Petitioner Vs. State and others...........................Opposite Party Judgment July 24, 1986. Result: The Rule is discharged. Cases Referred to- Nur Mohammad Mondal Vs. Md. Abul Hossain and another 28 DLR 389; Alauddin Vs. The State, 20 D...... 2. It appears that on 13.10.1982 one Abdul Kadem filed a petition of complaint before the Sub-Divisional Magistrate, Tangail alleÂging therein that on 07.10.1982 the accused perÂsons forming an unlawful assembly catered into the land mentioned in the schedule to the petition of complaint and cut..Category: Criminal Law | Date: | Hits: 168
....d (1891) AC 173 Lord Halsbury observed.
"When it is said that something is to be done within the discretion of the authorities, that something is to be done according to the rules of reason and justice, not according to private opinion. It is to be not arbitrary, vague, fanciful, but legal and......." In the case of Sharp Vs. Walkafield (1891) AC 173 Lord Halsbury observed.
"When it is said that something is to be done within the discretion of the authorities, that something is to be done according to the rules of reason and justice, not according to private opinion. It is to be not arbi......Affairs, Government of Bangladesh and Others………..………………………...Respondents
Judgment
May 29, 1991.
Result:
The Rule is made absolute.
Cases Referred to-
Sk. Ali Ahmed 40 DLR (AD) 170; University of Dhaka Vs. Zakir Ahmed, PLD 1965 SC 90 = 16 DL......e petitioner that the impugned order dated 5.8.90 passed by Respondent No.2 DM, Dhaka cancelling the petitioner's licence and asking him to deposit the licence and the revolver at Mirpur PS is bad in law as the petitioner, though given a notice of three days to show cause, was not given a fair and a..
Category: Criminal Law | Date: | Hits: 105
Anwar Ali (Md) Vs. Chairman, Rajdhani UnnaÂyan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)
....uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ......uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ......‑For the Respondent Nos.1‑2. HR Sharif ‑For the Respondent Nos.6‑14. Writ Petition No. 225 of 1989. Judgment Mainur Reza Chowdhury J.- This Rule Nisi was issued on the respondents to show cause why the notice dated 26.12.88 (Annexure‑F) issued by the Authorised Officer, Rajdhan......respondents to show cause why the notice dated 26.12.88 (Annexure‑F) issued by the Authorised Officer, Rajdhani Unnayan Kartipakha respondent No.2 should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The case of the petitioner is that the petition..Category: Property Law | Date: | Hits: 92
Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)
....t Sylhet on 25.4.66 in Title Appeal No.158 of 1954 are upheld and the Second Appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ......intiffs preferred Second Appeal No.142/1959. The High Court allowed the appeal and sent back the case on remand to the lower appellate court for re‑hearing with the following observations. "I accordingly allow the appeal in part and set aside the judgment and decree of the lower Appellate Co......he trial court and the respondents were the plaintiffs. 3. The plaintiffs brought the suit for a declaration of their easement right of pathway over Plot No.1 and 2 and drain in plot No.3 and 4 to the land mentioned in the schedule to the plaint. The suit was also for their 12 annas maliki rig...... the lower Appellate Court so far as they relate to the pathway over Plot Nos.1 and 2 and sent the case back to that court for re‑hearing of the appeal on the question of pathway in accordance with law and in the light of the observations made above." Thus the trial court, the lower appellat..Category: Civil Law | Date: | Hits: 147
Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)
....atter in issue involved in both suits referred above are directly and substantially the same. Section 10 CPC does not intend to take away inherent power of the Court to consolidate in the interest of justice in appropriate cases. In the previously instituted suit (TS No.365 of 1988) defendant‑peti......atement within the period of three months from the date of receipt of this order by the trial court, the Government will be debarred from filing written statement. The Government Advocate be informed accordingly. 18. In the result, the impugned order dated 11.4.90 passed by Assistant Judge, 1s......, Dhaka rejecting the Petition dated 10.4.90 filed under section 151 CPC praying for an analogous trial of both the Title Suit Nos.365 of 1988 and Title Suit No.62 of 1990. 2. Facts giving rise to this Rule may briefly be put thus: Defendant‑petitioner Rezaul Karim Obtained a higher de...... performance of contract. 14. Now the subject matter in both the suits relates to shop No.7 and as such the subject matter of both the suits can be said to be identical. 15. It is settled law that the very nature of the principle of consolidation implies that similarity of identity of th..Category: Property Law | Date: | Hits: 112
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....facts and circumstances of the case and the relevant provisions of law has passed the impugned order and thereby committed an error of law resulting in an error in the decision occasioning failure of justice and, as such, the impugned order is liable to be set aside. Referring to rules 2 and 3 of th......dure by the learned District Judge vide order dated 15.3.1992 direction to issue summons upon the defendant asking him to appear within 10 days from the date of service thereof and to defend the suit according to law. The defendant‑opposite party received the summons on 16.2.92 and thereafter ente......um………………………Petitioner Vs. Ali Ahmed Patwari………………………Opposite Party Judgment April 24, 1995. Result: The Rule is made absolute. Cases Referred to- Kokarmal Gurudayal Vs. Sagarmal Bengani, AIR 1972 (Calcutta) 430; Mohan Lal Vs. Om Prakash, A......earned District Judge vide order dated 15.3.1992 direction to issue summons upon the defendant asking him to appear within 10 days from the date of service thereof and to defend the suit according to law. The defendant‑opposite party received the summons on 16.2.92 and thereafter entered appearan..Category: Procedural Law | Date: | Hits: 125
Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
....ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ......ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ......€¦â€¦â€¦Opposite Party Judgment February 1, 1996. Result: The Rule is discharged. Lawyers Involved: Amjad Hossain, Advocate ‑ For the Petitioner. Abdus Salam Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.788 of 1991. Judgment Kazi Ebadul Ho......ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ..Category: Criminal Law | Date: | Hits: 112
Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)
....h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ......iscrepancy of the shipping documents through swift message. 3. Thereafter the seller Walmar Trading PTE Ltd. started looking for a new buyer, as the Janata Bank refused to accept the documents and accordingly, the seller contracted with the petitioner who took steps to bring the goods under the L......Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emadadul Hoque J Super Oil Refinery Ltd………………........Petitioner Vs. Commissioner Customs and others…......................Respondents Judgment February 17, 2010. Result: ......ted 21-7-2009 passed by the Appellate Division in Civil Appeal No.99 of 2006 in violation of section 82A of the Customs Act and PSI Rules, 2002 should not be declared to have been passed without lawful authority and is of no legal effect and why the respondent Nos.1-2 and 5 should not be direct..Category: Fiscal/Taxation Law | Date: | Hits: 172
Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......gum Shirin Akhtar.................Petitioner Vs. Bangladesh House Building Finance Corporation and others...............Opposite Party Judgment June 7, 2010. Result: Cases Referred to- Bangladesh House Building Finance Corporation Vs. Jahan Ara Akhter, 49 DLR (AD) 80; 47 DLR 15......ure as evidence before ex-parte decree is passed. Ex-parte decree speaks some fishy fishy in obtaining the same. 14. The Bangladesh House Building CorÂporation Finance Order, 1973 is a beneficial law to the people as it provide financial facilities for the construction, repair and remodeling of ..Category: Civil Law | Date: | Hits: 198
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