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Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....t is also well-settled that confirmation of sale during pendency of application for setting aside sale is illegal. Mr. Goswami also submits that the learned Appellate Court below committed error of law in not giving effect to the provision of Section 41(1) of the Artha Rin Adalat Ain, 2003 which h......) 356. ......osite party No.2. Civil Revision No. 4201 of 2005. Judgment Muhammad Abdul Hafiz J.- This Rule was issued calling upon the opposite parties to show cause why the impugned judgment and order date 17.8.2005 passed by the learned District Judge, Dhaka in Miscellaneous Appeal No.283 of 2..Category: Civil Law | Date: | Hits: 89
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....g Hill Tracts ("NCCHT") and the Chairman of the Parbottya Chttagram Jana Shanghati Samity ("PCJSS") (Annexure-B of the Writ Petition) should not be declared to have been made and executed without any lawful authority and contrary to the express provisions of the Constitution and, therefore, void and......……………………Petitioner (In Writ Petition No.2669 of 2000) Advocate Md. Tajul Islam………………………………Petitioner (In Writ Petition No.6451 of 2007) Vs. Bangladesh and Others…………………………………Respondents (In both the Writ Petitions) Judgmen......o questions and issues necessitating their disposal by one Judgment. In that view of the matter, both of these Writ Petitions are hereby taken up together for disposal allowing, however, for separate orders and outcomes as shall follow upon such disposal. 2. Further to the Application in Writ P..Category: Constitutional Law | Date: | Hits: 314
Jewel Vs. State, 2005, 34 CLC (HCD)
..... 1908 and he is acquitted of the charge. Send down the lower Court's records at once with a copy of the Judgment for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 310. ......…………………Appellant Vs. The State…………………………Respondent Judgment March 6, 2005. Result: The appeal is allowed. Cases Referred to- Mohammad Ali and another Vs. State, 1 B.L.C 164. Lawyers Involved: No one - For the appellant. Md. Ibrah......orney-General - For the respondent. Criminal Appeal No.141 of 1989. Judgment Syed Mohammad Ziaul Karim J.- This appeal at the instance of appellant Jewel is directed against the Judgment and order dated 28.02.1989 passed by the learned Judge of the Special Tribunal No.15, Dhaka in Special T..Category: Criminal Law | Date: | Hits: 85
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....a thing or an institution in which it inheres. This rule has its source in the maxim "Quado lex aliquid alicui concedit, con-coders videturid sine quo ipsa esse non potest" which means that "when the law gives anything to anyone it gives also all those things without which the thing itself could not...... The State……………………………………Opposite Party Judgment November 26, 2008. Result: The rule is discharged. Cases Referred to- Golam Mohammad Vs. Muzammal khan and 4 others, PLD 1967 SC 317; Md. Alam and 3 others Vs. The State, 19 DLR (SC) 242; Shadu Miah and ......inal Miscellaneous Case No.3472 of 2006. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application under section 561A of the Criminal Procedure Code for quashing the Judgment and order dated 29.01.2004 passed by the learned special judge, special Tribunal Court No.6, Kishoregonj..Category: Criminal Law | Date: | Hits: 99
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
....nctus officio and that the subsequent order passed by him was illegal. He lastly submits that taking of cognizance on the basis of subsequent police report is patently illegal and cannot sustain in law. In support of his argument the learned Advocate for the petitioner refers to the case of Shaher......007 before the cognizance Court No.1, Sylhet stating, inter alia, that accused, namely, (1) Chowdhury Ataur Rahman Azad (40), (2) Baul Karim Herai (55), (3) Md. Latib Ali (30), (4) Md. Anwar Ali (35) and (5) Idrish Ali (42) entered into the house of the informant by force and demanded Tk. 6,00,000/-......f the Penal Code now pending in the Court of Joint Sessions Judge, 2nd Court, Sylhet should not be quashed. 3. At the time of the issuance of the Rule, the petitioner, however, obtained an interim order of stay of further proceeding of the Session Case No.697 of 2008 for 6 (six) months. The stay ..Category: Criminal Law | Date: | Hits: 84
Md. Habibur Rahman Chowdhury Vs. State and another, 2010, 39 CLC (HCD)
....of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ...... Court High Court Division (Criminal) Present: AKM Fazlur Rahman J Md. Delwar Hossain J Md. Habibur Rahman Chowdhury…………………….Accused-Petitioner Vs. The State and another………………………Opposite parties Judgment January 7, 2010. Result: ......8 of 2007 under section 138 of the Negotiable Instruments Act, now pending in the Court of Joint Metropolitan Sessions Judge, Court No.5. Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The opposite party No.2, Sonali Bank..Category: Criminal Law | Date: | Hits: 138
.... why the impugned Judgment and Order dated 31‑1‑95 passed by the respondent No.1, First Labour Court, Dhaka in complaint Case No.450 of 1993 should not be declared to have been passed without any lawful authority and is of no legal effect.
2. The facts, in short, are that, the respondent No.2......J
Md. Fazlul Haque J
Bangladesh Film Development Corporation, represented by the Managing Director ……………………………….Petitioner
Vs.
Chairman, 1st Labour Court, Dhaka and others……………..…………….Respondents
Judgment
November 11, 1996.
Result:
...... not call for any show cause notice or for providing her with an opportunity to defend her as the action was taken within the period of her probation.
5. The First Labour Court by its Judgment and order dated 31‑1‑95 allowed the complaint case on contest and the order of dispensation of the s..
Category: Labour and Industrial Law | Date: | Hits: 265
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
....rs from the evidence that no suggestion was given to any of the witnesses on this point. No argument was advanced before the trial Court nor before the appellate Court on this point.It is true that a law point can be raised in revision for the first time but the law point raised here is related to a......na Vs. Md. Shajahan Ali, 38 DLR 140. Lawyers Involved: No one appears. Criminal Revision No.1194 of 1992. Judgment Md. Hamidul Haque J.- This Rule is directed against the judgment and order passed in the Criminal Appeal No.30 of 1989 by the learned Sessions Judge, Jessore affirmi......s. Md. Shajahan Ali, 38 DLR 140. Lawyers Involved: No one appears. Criminal Revision No.1194 of 1992. Judgment Md. Hamidul Haque J.- This Rule is directed against the judgment and order passed in the Criminal Appeal No.30 of 1989 by the learned Sessions Judge, Jessore affirming t..Category: Procedural Law | Date: | Hits: 105
Akhter Hossain (Md.) Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....ector, Customs Group 2 and Inquiry Officer, Customs House, Dhaka and/or pass such other or further order or orders as this Court may seem fit and proper. 2. It is stated that the petitioner is a law abiding citizen of the country and Proprietor of Messrs Parul Trade International. He obtained......urt Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Md. Moinul Islam Chowdhury J Akhter Hossain (Md.)…………………………..Petitioner Vs. Bangladesh and others………………………………..Respondents Judgment October 21, 2009. Resu......pondents to take appropriate steps on the basis of the report dated 23-8-2004 submitted by the Inspector, Customs Group 2 and Inquiry Officer, Customs House, Dhaka and/or pass such other or further order or orders as this Court may seem fit and proper. 2. It is stated that the petitioner is a..Category: Fiscal/Taxation Law | Date: | Hits: 166
Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)
....e period of stay was ultimately extended till disposal of the Rule by this Court by its order dated 26-1-2010. Given this scenario, it is palpably clear that the petitioner has been a fugitive from law for about two years. As a fugitive from law, he has no legal right to prosecute the Rule. But in......t Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Md. Nurussafa…………………………Petitioner Vs. State and another……………………Opposite-Parties Judgment January 4, 2012. Result: Th......d with Sections 409/109 of the Penal Code, 1860, now pending before the 3rd Court of the Special Judge, Dhaka should not be quashed so far as it relates to the petitioner and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. At the time of issuance of th..Category: Criminal Law | Date: | Hits: 99
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
.... by denying all the material allegations of the plaint and admitting the statement made in the written statement filed by the defendant No.1 contended inter alia, that the plaintiff is the brother-in-law of the defendant No.3. The defendant No.3 married the maternal cousin sister of the plaintiff an......70. ......any Bainapatra dated 01.01.1979 for which the learned appellate court was duty bound to find that the said Bainapatra is a spurious document, only created in collusion with the seller Raja Kha in order to obtain more money by selling the suit properly to the defendant No.3, despite the fact that..Category: Property Law | Date: | Hits: 119
....he Third Labour Court, Dhaka, in P.W. Case No.14 of 1992 allowing the case, as evidenced by Annexure 'E' and 'C' respectively to the writ petition should not be declared to have been made without any lawful authority and to be of no legal effect and also obtained the order of stay of the operation o......isdiction)
Present:
Qazi Shafiuddin J
Md. Abdul Aziz J
Editor, Bangladesh Observer, Dhaka & another…………………Petitioners
Vs.
Member, Labour Appellate Tribunal and others……………………Respondents
Judgment
June 14, 1998.
Result:
The Ru......dul Aziz J.- The petitioners, namely The Editor and the Chief Accountant Bangladesh Observer, Dhaka, obtained this Rule calling upon the respondents to show cause as to why the impugned judgment and order dated 6‑10‑93 passed by the Labour Appellate Tribunal, Dhaka in Appeal No.3 of 1993 dismis..
Category: Labour and Industrial Law | Date: | Hits: 215
Md. Rajib alias Azad Khan Rajib Vs. State, 2011, 40 CLC (HCD)
....r if he misuses the privilege of bail in any manner whatsoever. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 230. ...... Zahurul Islam lodged a first information report against ten accused including the petitioner alleging inter alia that on 10-12-2009 at 5.30 p.m. while his brother Saiful Islam Munna since dead was standing in front of a fruit shop at Tamsom bridge, then the accused Rabin called him and took behind ......ng for the opposite party opposes the Rule and submits that there are specific allegations against the petitioner in respect of murder of the deceased. So the Court below rightly refused his bail. In order to appreciate their submissions we have gone through the record and given our anxious consider..Category: Criminal Law | Date: | Hits: 98
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....he C.S. Khatian No.17 of mouza Bamuel and Mutated Khatian No.31/1 photocopy of OCR and one rent-receipt. The other documents are amendment of Civil Court Act, 1887 vide Act No. 49 of 2001. The case law of IFIC Bank Ltd. Vs. Mariner Fashions Ware Pvt. Ltd. and others, reported in 12 BLC (HCD) 723 a......ase is also Reported in: 16 MLR (HCD) (2011) 457. ......ite Party. Civil Revision No.1848 of 2010. Judgment Shahidul Islam J.- The Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 3.3.2010 passed by the learned District Judge, Dhaka, in Miscellaneous Appeal No.312 of ..Category: Civil Law | Date: | Hits: 112
Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....of 2009. And Writ Petition No.6235 of 2009. Judgment Md. Delwar Hossain J. - These 2(two) Rules Nisi are taken up together to be disposed of by this single judgment as common question of law and similar facts are involved. 2. In Writ Petition No.3392 of 2009 the petitioner filing an ...... Court Division (Civil Appellate Jurisdiction) Present: AHM Shamsuddin Chowdhury J Md. Delwar Hossain J Md. Shahab Uddin Chowdhury.......................Petitioner Vs. Bangladesh and others..................................Respondents Shahab Uddin Chowdhury………………......ticle 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh impugned the Memo No.3726/7 dated 17.5.2009 (Annexure-B) issued by the District Registrar, Dhaka withdrawing his earlier order dated 12.5.2009 appointing the petitioner as Nikah Registrar of Ward No.53 of Dhaka City Corpo..Category: Civil Law | Date: | Hits: 130
Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....d by the Directors in the Board Room of the Bank and therefore we feel it WASA Board Resolution, not a personal property of any of the Directors. It is a property of the Bank and according to company law, a shareholder has no right, title or interest in any property of a company except his right to ......sion (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Quazi Reza-ul Hoque J Golam Mahbub (Md.)……………………………. Accused-Petitioner Vs. State and another………………………….Opposite Parties Judgment May 9, 2011. Result: ...... No.7404 of 2008 dated 15-12-2008 under Section 406 and 420 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. And pending hearing of the Rule, all furth..Category: Criminal Law | Date: | Hits: 100
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....eque was dishonored; that the complainant approached the accused for immediate repayment of loan but he failed for which the complainant sent a legal notice on 3-6-2008 to the accused through his lawyer which was received by the office of the accused on 8-6-2008 but the accused did not take any ...... Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Abdul Hye J AKM Fayekuzzaman………………………………………….Petitioner Vs. State and another…………………………………Opposite-parties Judgment December 9, 2010. ...... Judgment Siddiqur Rahman Miah J.- This Rule was issued on an application under section 439 read with section 435 of the Code of Criminal Procedure filed by the informant petitioner against the order dated 9-2-2009 for framing charge against the accused petitioner which was passed by the learn..Category: Criminal Law | Date: | Hits: 99
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
....rika/bmre/ SKW FM Transmitter/2007-166 dated 16-4-2008 communicating the decision of re-tender to the petitioner (Annexure-B) both issued by Respondent No.2 shall not be declared to have been without lawful authority. 2. On the date of issuance of the Rule the operation of the impugned order was ...... to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ......nder to the petitioner (Annexure-B) both issued by Respondent No.2 shall not be declared to have been without lawful authority. 2. On the date of issuance of the Rule the operation of the impugned order was stayed and subsequently extended from time to time. 3. The facts leading to the issuanc..Category: Others | Date: | Hits: 127
Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)
....le to set aside. Learned Advocate further submits that, learned Judge acted illegally in treating the application filed under section 373 of the Succession Act as suit there by fallen into error of law and fact in passing the impugned order. 10. Mr. Md. Israfil Hossain, learned Advocate for the......preme Court High Court Division (Civil) Present: Sharif Uddin Chaklader J AKM Abdul Hakim J Ms. Nurunnahar Begum…………………………Appellant Vs. Sheikh Moqbul Ahmed and others………………………………Respondents Judgment October 21, 2009. Result...... P.W.3, A. Khaleque Miah are the neighbours of the applicant. Opposite Party examined herself as O.P.W.1. The applicants exhibited 10 documents. 7. Learned Judge by the impugned Judgment and order passed the following order:- “অত্র মোকদ্দমাটি ১নং অ..Category: Civil Law | Date: | Hits: 136
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....P.C. statement this co‑accused Sajid Hossain stated that his confession was not voluntary and on such confession of a co‑accused the conviction of the appellant Sohel Monir cannot be sustained in law without any independent positive corroboration. In support of his contention he referred the cas......……Appellant Vs. State………………………………Opposite Party Judgment December 1, 1996. Result: The appeal is allowed. Cases Referred to- Amir Hossain Howlader and ors. Vs. State, 37 DLR (AD) 139; Abdus Shukur Vs. State, 16 DLR 148; 12 DLR (SC) 156. Lawyers......the Appellant. Syed Abu Kawsar, Assistant Attorney‑General - For the State. Criminal Appeal No.744 of 1993. Judgment Mahfuzur Rahman J.- This appeal is directed against the Judgment and orderpassed by the Additional Sessions Judge, and Special Tribunal No.23, Dhakaon 19‑4‑1993 in S..Category: Criminal Law | Date: | Hits: 100
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