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Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110....... that the Govt. has failed to apply its mind in forming opinion that the exercise of powers of the petitioner as Chairman is either prejudicial to the interest of the public or undesirable from the view point of public interest. 4. The Respondent filed affidavit-in-opposition sworn by the Asstt..Category: Others | Date: | Hits: 175
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
....rthwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......st of the petitioner was illegal as he was put on trial in the same sessions case No.63/84 and was acquitted by the Additional Sessions Judge about 2 years back. The learned Sessions Judge was of the view that as the petitioner was tried in absentia in the sessions Court, probably the warrant of arr..Category: Criminal Law | Date: | Hits: 101
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
.... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ......tween the petitioner and the Food Authorities still remained to be settled on 9.1.88. It appears that the acceptance of resignation on 9.1.88 was taken exception to by the higher authorities. In that view of the matter the concurrent findings of fact by the two Tribunals below cannot be interfered..Category: Election Law | Date: | Hits: 187
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......e action is mala fide. The present detention of the detenu is also clearly mala fide. Repeated recourse to illegal grounds is an act of patent mala fide on the part of the detaining authority. But in view of the chronic and rampant misuse of the Special Powers Act, it seems that it is not enough to ..Category: Criminal Law | Date: | Hits: 107
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
.... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ......l Court was without jurisdiction he should not have decided the appeal again on merit. In such a legal position in the matter I refrain from making any comment on the merits of the case and am of the view that the case should go back on remand to the trial Court by a Court having pecuniary jurisdict..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......onsidered the provisions of law and the evidence on record and quite rightly affirmed the Judgment and decree of the trial Court. 14. Having regard to the bets and circumstances of the case and in view of die aforesaid decision I find substance in the contention of the learned Advocate of the opp..Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ...... has no locus standi to move this Court in these two petitions. The learned Advocate contends that no permission or order from the learned Sessions Judge is necessary for any further investigation in view of the provision of section 173(3A) of the Code of Criminal Procedure. He also submits that the..Category: Criminal Law | Date: | Hits: 99
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......W.1) came to learn from witness that the alleged dacoit Humayun was a casual peon of the said bank. Accused Lokman made a false show of dacoity by killing Humayun and injuring Jahangir Hossain with a view to getting handsome reward from the authority. It is stated that as Humayun did not agree to va..Category: Criminal Law | Date: | Hits: 73
Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)
.... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146.......he petitioner and another accused persons till 4.11.89 when the Special Judge stopped the proceedings of the case and released the accused persons. In the above facts and circumstances, we are of the view that though the proceedings of the case was pending before the special Judge from the date of t..Category: Procedural Law | Date: | Hits: 99
.... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
......the instant case we find no justifiable ground for referring the matter to the Hon’ble Chief Justice for constitution of a larger Bench as this Bench is competent to hear and decide the same.
In view of the above the prayer for referring the matter to the learned Chief Justice for constitution ..
Category: Procedural Law | Date: | Hits: 136
Syed Nazakat Hossain alias Ujjal Vs. State, 1995, 24 CLC (HCD)
....acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ......We are at a loss how prosecution could use such a statement against the appellant without examining the maker of it. Mr. Huq submits that the evidence of these two Magistrates cannot be considered in view of a decision reported in 35 DLR 119 where following a decision of the Privy Council reported i..Category: Criminal Law | Date: | Hits: 88
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
...., the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141.......ule 23 or rule 25 of Order XLI, the Code of Civil Procedure or any other provisions of the Code, the Court for ends of justice can resort to its inherent power under section 151 of the Code.” In view of the discussions above I hold that section 151 CPC undoubtedly lengthens the hands of the Cou..Category: Procedural Law | Date: | Hits: 124
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137....... (pars 23). It is held “If a transaction is entered into by more than one document both the documents should, in our opinion, be read together and their combined effect considered”. My considered view is that both the opposite party 1 Basher Pramanik and opposite party 2 Alauddin collusively and..Category: Property Law | Date: | Hits: 89
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......ame to a finding that these Writ petitions did make out a case which involves a substantial question as to the interpretation of the provision of the Constitution and requires examination and in that view of the matter, the learned Judge considered that the Rule Nisi be issued in those two writ peti..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......aint and also in his deposition that he bona fide requires the case holding for his personal necessity and on this point there is no cross‑examination by the defendant‑petitioner also and in that view of the matter the learned SCC Judge has rightly held that the plaintiff‑opposite‑ party has..Category: Civil Law | Date: | Hits: 140
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......e Industrial Relations Ordinance, 1969 (hereinafter referred to as "the Ordinance") and prayed for permission to file a criminal case against the Bank Management before the competent Labour Court. In view of the said complaint the respondent No.1 Director of Labour requested the petitioner No.2 to a..Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......airperson and former Minister and Chief Whip Abdus Sattar as one of the Directors. The valuation of the Property has been shown as four crores to facilitate the taking of loan from Uttara Bank with a view to construct building thereon. The learned Counsel for the Petitioner submits that these facts ..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519.......be done and it should not be denied on the ground of technicality. To support this contention reliance was placed on the decision reported in 6 DLR page 156. I regret, I am unable to subscribe to the view of the learned counsel regarding the application of the principle enunciated in that decision. ..Category: Property Law | Date: | Hits: 134
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......cancellation of bail of the petitioner on 3.8.87 before the Sessions Judge, Dhaka and it was numbered as Crl. Misc. Case No. 1441/87. The learned Sessions Judge on hearing both the parties held the view that the application was premature and there was little scope for the Criminal Court to determi..Category: Family Law | Date: | Hits: 255
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......r a suit to enforce an award. The Orissa decision considers a number of cases of various High Courts on this point and comes to the decision that several High Courts of India have taken the aforesaid view. The said decision also quotes the Indian Supreme Court in the case of Hanskumar Kishan Chand V..Category: Civil Law | Date: | Hits: 142
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