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Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
....stance certain women went in a procession to the Court where former President Ershad was being tried on 2.11.91 and raised slogans thereby hampering the proceedings of the Court and administration of justice and also went to the Dhaka Central Jail and incited the visitors who has gone there to see t......terials before the detaining authority to satisfy itself that the detenu indulged in prejudicial acts and if not detained will be a threat to the maintenance of law and order in future. Consequently, according to the contesting respondents, there is no substance in this Writ Petition. 5. Mr. M...... Judgment February 5, 1992. Result: The Rule is made absolute. Lawyers Involved: Masood R Sobhan, Advocate ‑ For the Petitioner. A Y Salehuzzaman, Deputy Attorney General‑ For the Respondent Nos.1 and 2. Writ Petition No.3112 of 1991. Judgmen......hall not be directed to produce the detenu Begum Momata Wahab, wife of Mr. MA Wahab, before this court so that this Court may satisfy itself that the said detenue is not being hold in custody without lawful authority or in an unlawful manner. 2. The detenu, Begum Momata Wahab, was taken into c..Category: Constitutional Law | Date: | Hits: 299
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....is has brought this petitioner and others, in a very uncertain position without any fault of their own. In this view of the matter the petitioner is really justified to file this writ application for justice inasmuch as though the Government directed to absorb them in the ECS (Customs & Excise) ......mplemented, then there is strong likelihood of the 9 appointees of the 11th recruitment becoming surplus as a result of the government’s drive to reduce public expenditure. The Ministry of Commerce accordingly vide their above Memo recommended the absorptions of 9 officers including the petitioner......hment, Government of the People’s Republic or Bangladesh & others………………Respondents Judgment February 12, 1998. Result: All the Rules are made absolute. Cases Referred to- Mujibur Rahamn Vs. Government of Bangladesh, 44 DLR 111; Bangladesh Vs. Saifuddin Ahmed, 50 D......Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of facts as well as laws are involved in these cases and, as such, after hearing the same together the writ petitions ar..Category: Employment/Service Law | Date: | Hits: 216
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......…………………………Petitioner Vs. Deputy Commissioner of Taxes………………….Respondents Judgment July 15, 1986. Result: The Rule is discharged. Cases Referred to- S.A. Haroon & others Vs. the Collector of Customs, Karachi, 11 DLR (SC) 200, Lt. Col.; Na......58 of the said Ordinance. Within 60 days from the date of receipt of the order of the Appellate Tribunal the assessee or the Commissioner of Taxes may refer to the High Court Division any question of law arising out of such order. Mr. Delwar Hossin submits that under section 153(3) of the said Ordin..Category: Fiscal/Taxation Law | Date: | Hits: 170
Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)
....re me on behalf of opposite party No.1 in support of the proposition that where a party was free to move an application under section 115 C.P.C, he should be deemed to have prevented him from seeking justice under section 151 C.P.C. when the remedy under section 115 C.P.C. is barred by time. 11. ......he opposite party No.1 filed an application before the learned Subordinate Judge for local investigation to ascertain as to which C.S. Plots are attracted by his kabala dated 4th Magh 1303 B.S. and accordingly an Advocate Commissioner was appointed who submitted his report on 12.05.1978. The lea......he purposes of disposal of the rule are that the opposite party No.2 as plaintiff instituted the suit against the petitioners (defendants Nos.24, 25 and 56) opposite party No.1 and opposite parties 3 to 61 as defendants for partition for getting a specific saham of the land out of the suit land. The......the present Rule. 6. Mr. A. K. Chowdhury, the learned Advocate for the petitioners, submits that the order accepting Commissioners report is not appealable under Order 43, C.P.C or under any other law and the learned Subordinate Judge has therefore erred in rejecting the petitioners' application ..Category: Procedural Law | Date: | Hits: 106
....inable.
In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 19.
......inable.
In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 19.
......s
Vs.
Government of the People's Republic of Bangladesh & others…………….Opposite-Parties
Judgment
August 23, 1986.
Result:
The Rule is made absolute.
Case Referred to-
Mvi. Azizur Rahman and others petitioners Vs. Kailas Chandra Bumecha & others Opposite pa...... the order of appointment of the receiver was made arbitrarily without affording any opportunity of hearing to the original plaintiff and as such the orders of the Courts below are not sustainable in law.
5. Mr. Humayun Habibur Rasul, the learned Advocate appearing for the added defendant opposit..
Category: Procedural Law | Date: | Hits: 139
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....trator the purchaser respondent moved the Court for appointment of Arbitrator. Hence the application for appointment of Arbitrator field by the purchaser should be dismissed with cost for ends of justice. 3. In course of hearing of the application under section 12 before the learned District ......on with Islami Bank (BD) Ltd. prior to the said agreement, sale deed cannot be executed and registered without releasing the property from the said Bank upon repaying the entire loan. But, however, according to the terms of the agreement, possession in a portion of the said property was handed ove......l and others........................Appellants Vs. Noor Afza…………………..............Respondent Judgment April 28, 2010. Result: The appeal is dismissed. Cases Referred to- Hazrat Ali Vs. Election Commission, 41 DLR 486; Darbari Lal Mudi Vs. Raneeganj Coal Associati......oint their Arbitrator within 30 days from the date of service of the said notice failing which the purchaser respondent would have no alternative but to take shelter of the Court under the existing law. The seller appellants received the said notice on 6-8-2002 but did not comply with the same. ..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....site parties (Annexure‑C) has called in question the integrity of Mahmudul Amin Chowdhury, J who on return from Chittagong University Inquiry Commission to the High Court Division is now dispensing justice in this Court. Therefore, though the aspersion was made on Mahmudul Amin Choudhury, J with r....... There is no reason why a different rule should apply in civil proceedings, although the Supreme Court of New South Wales has admittedly declined to extend the law by analogy in a modern case. It is accordingly submitted that civil proceedings remain technically pending during the period When it is..............................Petitioner Vs. Dr. Hasanuzzaman Chowdhury and others ................................Opposite‑parties Judgment March 29, 1992. Cases Referred to- State Vs. Miah Abbas Ahmed, PLD 1989 (Lah) 377; AIR 1958 (SC) 538; MV Rajwade Vs. Dr. SM H......sh. Article 108 of the Constitution of Bangladesh reads as under: "108. The Supreme Court shall be a court of record and shall have all the powers of such a court including the power subject to law to make an order for the investigation of or punishment for any contempt of itself." The H..Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....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....... and we direct that the detenu Serajul Alam Khan, son of late Khurshed Alam Khan, now detained in Comilla Central Jail be set at liberty forthwith, if not wanted in any other case. The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Cent......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 General with Shah Azizur Rahman, Assistant Attorney General ‑ For Opposite Parties. C......cretary, Ministry of Home Affairs, Government of Bangladesh on 25.3.92 purported to have been made under the Special Powers Act. 2. In the application, it has been stated that the detenu is a law abiding citizen of Bangladesh. He has a heroic role in organizing freedom struggle and was one o..Category: Criminal Law | Date: | Hits: 156
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
....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. ......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. ...... ‑For the Petitioner. No one ‑ For the Opposite Parties. Civil Revision No.271 of 1985. Judgment Abdul Hasib J.- This Rule was 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 N......210 of 1981 for default will not create any bar to file this present Suit No.188 of 1982. The Munsif also found that in the present suit there is a new cam of action and the suit is not barred by any law. Rule 11 of Order 7 provides as follows: "11. The plaint shall be rejected in the followin..Category: Civil Law | Date: | Hits: 166
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......d minor Ajibar was not acted upon; inasmuch as no consideration passed from Akbar and Ajibar for which original kabala was returned to Roushan Ali and he continued to remain in possession thereon and accordingly the original kabala was produced during trial from the custody of the plaintiffs. It is ......onfirmation of possession in respect of the land described in the schedule of the plaint. The case as set up in the plaint may briefly be stated thus: 3. The properties described in schedule Ka to Uma in the plaint was originally owned and possessed by Jamarat Ali, who by registered deed of he......y to the said deed are competent to challenge it as invalid inasmuch as it was a fraud on registration. The learned Advocate continued to urge that the 1st appellate Court committed error in fact and law in not holding that the kabala Ext. 2 of 1947 by plaintiffs' predecessor Md. Rawshan Ali Shaikh ..Category: Property Law | Date: | Hits: 122
Abul Kalam Chowdhury Vs. Mohammad Zulfiqar, 1991, 20 CLC (HCD)
....pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ......pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ....... There was fresh polling in those two centres on 12.4.88. This time also the election was adjourned at 3‑00 PM but the Polling Officers declared that they had counted the votes and sent the result to the Election Commission after declaring opposite party No.1 Mohammad Zulfiqar as elected Chairman......o found that recounting was done by the Tribunal illegally, and that there was no polling at the two centres of Mirzapur High School and Mirzapur Union Parishad after 3‑00 PM, committed an error of law in dismissing the election petition and not ordering re‑election in these two centres. 6..Category: Election Law | Date: | Hits: 240
Abdul Aziz Vs. State, 1990, 29 CLC (HCD)
....e under sections 148/302/34 of the Penal Code and acquitted them of the charge. 6. Mr. Gour Gopal Saha submits that the court of first instance committed an illegality leading to miscarriage of justice in not awarding proper sentence against the Respondents. He has taken me through the judgmen......charge under section 148 of the Penal Code. The learned Sessions Judge, however, found Respondents Jahangir Alam and Sarwar guilty of the charge under section 323 of the Penal Code and convicted them accordingly and sentenced each of them to suffer RI for 6 months. However, the learned Judge found t......entence passed against the accused‑Respondents Jahangir Alam and Sarwar passed by the Sessions Judge, Jamalpur, for an offence punishable under section 323 of the Penal Code sentencing each of them to suffer RI for 6 months only on the ground of inadequacy of sentence. 2. The informant on Ju......with a view to his taking an action under CrPC that some persons whether known or unknown, has committed an offence, but it does not include the report of a police officer. That being the position of law this appeal is also incompetent under section 417A(2) CrPC. For the reasons stated above, ..Category: Criminal Law | Date: | Hits: 110
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
.... plaintiffs are workers within the, meaning of section 2(u) of the Standing Orders Act and hence the courts below connoted an error of law resulting in an error in the decision occasioning failure of justice in holding that the plaintiffs were not workers. In their respective plaints the plaintiffs ......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..............Petitioner Vs. Ershad Ali Fakir and others ............Opposite Parties Judgment August 30, 1990. Result: The rules are made absolute. Cases Referred to- Md. Shahabuddin Vs. The Janata Bank, 41 DLR 94; Senior Manager, Dosta Textile Mills Ltd. &....... 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 judgment. 2. The facts whi..Category: Labour and Industrial Law | Date: | Hits: 176
State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)
....sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ...... Vs. Abul Kalam Azad........................Opposite Party Judgment May 31, 1995. Result: The Death Reference is rejected. Lawyers Involved: Amirul Kabir Chowdhury, Deputy Attorney General ‑ For the State. Syed Ziaul Karim with Md. Khurshid Alam Khan, Advocates ‑ F......unt and brother of the aunt and her mother told that accused had caused the injury. She was examined by the police. She admitted in her cross‑examination that Abul Kalam Azad was her brother‑in‑law. On 16.12.88 her sister Konok wrote a letter to Azad. She cannot remember that Abul Kalam Azad w..Category: Criminal Law | Date: | Hits: 125
Liton Vs. State and others, 1995, 24 CLC (HCD)
....nder section 561A of the Code of Criminal Procedure to pass any orders or order either on an application or suo motu “to prevent abuse of the process of any Court or otherwise to secure the ends of justice.” This power is inherently possessed by the High Court Division as it exists. That is why ...... 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. ...... This Case is also Reported in: 48 DLR (HCD) (1996) 102. ......lication under section 561A CrPC by the accused petitioner for quashing criminal case pending against him under sections 302/34 of the Penal Code in the Court of Magistrate, Sadar, Barisal. 2. The law is by now well‑settled that the High Court Division of the Supreme Court has the widest and c..Category: Procedural Law | Date: | Hits: 140
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....he opposite‑parties contested the case by filing a written objection denying the allegations contained in the petition of complaint and contended that they did not in any way obstruct the course of justice. it was further contended that the resolution dated 3.5.92 passed in general meeting No.2 of......ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......pposite parties, namely Mr. Md. Momen Ahmed Chowdhury Mr. Md. Mozammel Hoque Shakhidar, Mr. Md. Shamsul Haque, Mr. Md. Hena Kabir, Mr. Md. Rezaul Karim and Mr. Md. Shafiqul Islam, Advocates, attached to the Joypurhat District Bar Association, were also found guilty of the charge of professional and ......nd Mr. SA Alim, Advocate and President of Joypurhat District Bar Association guilty of the charge of gross professional and other misconduct and he has been debarred from practicing the profession of law before any Court, Tribunal or authority in Bangladesh for a period of three years. In the said J..Category: Others | Date: | Hits: 139
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
....e charge. Without those papers how it would be possible for learned Advocate of the accused to argue the case at the time of framing the charge. Considering the above, we are of the view that ends of justice will be met if, before framing the charge, the learned Advocates of the accused are allowed ......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. ......e. Lawyers Involved: Khandker Mahbub Hossain with Golam Kibria, Md. Afzal Hossain, Md. Harun‑or‑Rashid and Khurshida Bilkis Banu, Advocates - For the Petitioner. AFM Hasan Arif, Deputy Attorney‑General, with Amirul Kabir Chowdhury, Deputy Attorney‑General, Syed Abu Kowser, Assistant......some material papers including statements of some of the accused made under section 164 of the Code of Criminal Procedure and their statement of retraction and subsequently limiting number of defence lawyers for this accused. 3. The learned Advocate for the petitioner has agitated three points na..Category: Criminal Law | Date: | Hits: 121
....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.......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...........Petitioners
Vs.
Government of the People's Republic of Bangladesh and others.............Respondents
Judgment
May 21, 1995.
Result:
The application is rejected.
Case Referred to-
MA Hai and others Vs. Trading Corporation of Bangladesh, 8 BLD 84 (AD).
Lawyers Involved:
...... reconveyance of the property transferred under a registered document the respondent 1 acted without the authority in making the impugned order. Secondly, respondent 1 illegally upon misconception of law passed the impugned order. Thirdly, it is not necessary that the instrument for reconveyance mus..
Category: Property Law | Date: | Hits: 95
Abdur Gafur Vs. State, 1995, 24 CLC (HCD)
....he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.......es that after taking cognizance, process were issued against the accused persons. After appearance of the accused persons before the Court on 8.11.90, Senior Special Judge wrote to the Government for according sanction in Special Case No.8 of 1990 for quashing which Crl. Revision No.3669 of 1991 has...........................Petitioner Vs. State.......................opposite Party Anower Hossain................Petitioner Vs. State.......................opposite Party Judgment October 31, 1995. Result: Both the Rules are discharged and the orders of stay vacated. Case ......evision No. 3670 of 1991. Judgment Kazi Ebadul Hoque J.- These two Rules at the instance of the same set of petitioners except one in CR Case 3670 of 1991 having involved the same question of law are being disposed of by this Judgment. 2. Two petitions of complaints were filed by two diff..Category: Criminal Law | Date: | Hits: 112
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. ......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. ......y No.1, thereafter, filed a petition before the self some Magistrate informing him that the accused petitioners violated the order issued under 144 of the Code. The learned magistrate sent the matter to the police authority of the thana for report. After enquiry the police submitted a report stating......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
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