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Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
.... The judgment of the court of Special Judge in fact gave no reason as to why Ibrahim should be convicted and therefore, this order of conviction and sentence need be interfered with for the ends of justice as it cannot stand the scrutiny of law. 6. Heard the learned Advocate and examined the do......, son of late Giasuddin Ahmed of Hogla Kandi under Harirampur Police Station and this is in the F.I.R. filed by the complainant Assistant Leader on 12.9.73 before the Harirampur Police Station. So, according to the prosecution initial story the convicted appellant Ibrahim had not been found loit...... Ibrahim alias Ibrahim Kazi.....................Petitioner Vs. The State........................Opposite Party Judgment May 22, 1989. Result: The appeal is allowed. Case Referred to- Arshadullah Vs. The State, 21 DLR 684. Lawyers Involved: A.N.M. Gaziul Huq, Advocate -...... in fact gave no reason as to why Ibrahim should be convicted and therefore, this order of conviction and sentence need be interfered with for the ends of justice as it cannot stand the scrutiny of law. 6. Heard the learned Advocate and examined the documents and the evidence on record. It appe..Category: Criminal Law | Date: | Hits: 97
....a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 345.
......a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 345.
......er
Vs.
Government of the Peoples Republic of Bangladesh & another....................Respondents
Judgment
November 30, 1988.
Result:
The Rule is made absolute.
Cases Referred to-
AIR 1974 (Supreme Court) 116; 40 DLR (AD) 178; 40 DLR 193; AIR 1974 (SC) 1161; 40 DLR 193(......o why they should not be directed to bring the detenu Shah Alam Chowdhury now being detained in Dhaka Central Jail before this Court to satisfy itself that he is not being held in custody without any lawful authority.
2. The case of the petitioner is that, the petitioner is the wife of the dete..
Category: Criminal Law | Date: | Hits: 100
....assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
......assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
......Dhaka Bench)
(Special Original Jurisdiction)
Present:
Abdul Matin Khan Chowdhury J
Naimuddin Ahmed J
Bangladesh House Building Finance Corporation, represented by its Managing Director.................Petitioner
Vs.
Chairman, First Labour Court & others........................ in the service of the Republic:
Provided that no application in respect of an order, decision or action which can be set aside, varied or modified by a higher administrative authority under any law for the time being in force relating to the terms and conditions of the service of the Republic ..
Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
....lords allegation of sub-letting. Even then, if the learned District Judge had felt imperatively that an additional evidence was required to be taken in this regard as aforesaid, for the ends of justice, he himself could have taken such evidence under Order 41, rule 27, C.P.C. instead of remand......e the referred documents" for the purpose of deciding the point of subletting and also for deciding whether in the light of his observations and findings, the decree passed by the trial Court was according to law. Further, considering that the suit was a long drawn one, the learned District Ju..........Appellant Vs. Kharshed Ahamed & others.............................Respondents Judgment September 2, 1984. Result: The application for revision is allowed. Cases Referred to- Seth Nanhelal and another Vs. Umrao Singh and another, 35 CWN 381 (387); Jyotish Chandra C......udgment and decree passed by Mr. M.A. Rahman, District Judge, Kushtia on 27.4.81 & 29.4.81 respectively and sent back the case on remand to that appellate Court for rehearing in accordance with law in the light of evidence already on record and observation made therein. The teamed District Jud..Category: Property Law | Date: | Hits: 115
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ......................Appellant Vs. Hong Kong Shipping Lines & others..........................Respondents Judgment January 31, 1989. Result: The appeal is allowed. Cases Referred to- Trustees of Chittagong Port Vs. Sadharan Bima, 32 DLR 99; Chittagong Port Authority Vs. Md. I...... that for want of notice under section 109 of the Chittagong Port Act, 1914 the suit was barred against the defendant No.3 the Trustee of the Port of Chittagong and the lower appellate Court erred in law in decreeing the suit against the defendant No.3, the appellant. He further contends that there ..Category: Business or Commercial Law | Date: | Hits: 397
....t lawful authority and that those are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 326.
......ave pursued any other alternative remedy.
For all the above reasons we hold that the impugned orders have been passed without lawful authority and that those are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in......rs................Respondents
Judgment
March 7, 1989.
Result:
The Rule is made absolute.
Lawyers Involved:
Abdur Rashid, Advocate - For the Petitioner.
Fakhrul Islam, Assistant Attorney General with G.A. Mannan, Assistant Attorney General, Advocates - For Respondent No.2.
Fid......xure E) and the decision dated 24.3.86 arrived at by the respondent No.2 the Deputy Commissioner, Kishoregonj in L.A. Case No.32/81-82 (Annexure F) shall not be declared to have been made without any lawful authority and to be of no legal effect.
2. The father of the petitioners was owner in poss..
Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)
....fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ......fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ......pazila Keraniganj, District Dhaka challenges the acceptance of result of the aforesaid election held at Ati Panchdona High School centre and Nayabazar Primary School centre and also seeks a direction to hold re-poll in those two centres. 2. In respect of the same election, the petitioner earlier ......risdiction on this Court to give a finding of fact on a matter which is basically an election dispute and on which a finding can be arrived at only after taking evidence by a special forum created by law to adjudicate upon disputes of this kind. We, therefore, cannot give any opinion or finding as t..Category: Election Law | Date: | Hits: 215
....to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 396.......to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 396.......s.
Court of Settlement (1st Court) Bangladesh Abandoned Buildings…………Respondents
Judgment
March 26, 1998.
Result:
The Rule is made absolute.
Case Referred to-
Hasina Khatoon and others Vs. Bangladesh and others, 43 DLR (AD) 13.
Lawyers Involve......2-1-89 in Case No.774 (Ka-446 Mirpur 1 & 2 Section) and Case No.574 (Ka-446 Mirpur 1 & 2 section) of 1987 passed by respondent No.1 Annexure-A should not be declared to have been made without lawful authority and is of no legal effect.
2. The Government of the People’s Republic of Ba..
Category: Property Law | Date: | Hits: 102
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......nt and decree of the trial Court the defendant as petitioner moved this Court and obtained the present Rule. 6. Mr. BK Das, learned Advocate appearing for the defendant-petitioner, submits that according to the plaintiff himself, defendant-petitioner was let out with the suit premises on stipu......Petitioner Vs. Shahidul Alam Khan and others…....……….Opposite Parties Judgment February 25, 1998. Result: The Rule is made absolute. Cases Referred to- Seati Bibi Vs. Jogendra Nath, 57 IC 593; Abdul Aziz Vs. Abdul Majid, 46 DLR (AD) 121. ...... notice being not given with reference to Bengali calendar month and also being not issued terminating the tenancy with the expiry of Bengali month the said notice is not a valid notice in the eye of law and, as such, in the absence of valid notice, the plaintiff was not entitled to get a decree of ..Category: Property Law | Date: | Hits: 101
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......criminal appeal is dismissed with the alteration and modification. Lawyers Involved: Z. I. Khan Panna with Md. Nurul Islam, Advocates - For the Appellant. Mrs. Syeda Rabia Begum, Assistant Attorney General - For the Respondent. Criminal Appeal No. 372 of 2004. Judgment Md. Ruhul Qu......02 of the Penal Code against the appellant and proceeded with trial in absentia, as the appellant was found absent from the very initiation of the case. The trial Court also appointed a State defense lawyer to defend the accused in trial. In order to prove its case, the prosecution examined as many ..Category: Criminal Law | Date: | Hits: 102
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......ad………………Appellant Vs. The State………………Respondent [Criminal Appeal No.25 of 1997] Judgment May 4, 2011. Result: Both the appeals are allowed. Case Referred to- M. Mammutti Vs. State of Karnataka, AIR 1979 (SC) 1705; Almas Miah Vs. State, 55 DLR 403; AIR......e the note unless there was a contract between the two appellants. It also indicates that they were having knowledge of the forged or counterfeit note. But it is the established principle of criminal law that to award punishment upon a person, law must be construed strictly and the charge brought ag..Category: Criminal Law | Date: | Hits: 111
.....90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
......es, namely, the Chairman and the Member of the Union Parishad. The words "shall be deemed to be the Member of the Parishad" used in sub-section (4) of section 5 of the Union Parishad Ordinance, 1983, according to the learned Attorney General, do not bring the Chairman in the category of Members as t......
Vs.
Government of the People's Republic of Bangladesh & others...............Respondents
Judgment
February 17, 1990.
Result:
The Rule was made returnable.
Cases Referred to-
AIR 1951 (SC) 41, Charanjit Lal Chowdhury Vs. The Union of India and others; AIR 1952 (SC) 75......and 31 of the Constitution, is unconstitutional. It is stated that the amending Ordinance, 1989 is a mala fide piece of legislation, because there was/is neither any popular demand nor any warrant in law to promulgate it in haste on 14.12.89 when the winter session of the Parliament was expected t..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
..... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311.......rom all or any of the decrees or orders of any Munsif shall be preferred to the Court of such Subordinate Judge as may be mentioned in the notification, and the appeals shall thereupon be preferred accordingly." 11. Under section 18 of the Act the jurisdiction of a District Judge or a Subordi......................................Petitioner Vs. Abidur Rahman...........................Opposite Party Judgment February 11, 1990. Result: The rule is discharged. Cases Referred to- Indian General Investment Trust Ltd. Vs. Sri Ramchandra Mardaraja Doo, Raja of Khalikote, AIR......d Commercial Court No.1, Dhaka had no jurisdiction to entertain the certified copy of the decree in question. So the learned Subordinate Judge and Commercial Court No.1, Dhaka committed no error of law in passing the impugned order. In this connection Mr. Kh. Mahbubuddin Ahmed, the learned Advocat..Category: Procedural Law | Date: | Hits: 168
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....er Article 102 of the Constitution." 47. The learned Additional Attorney-General…….. 48. Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or of any......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......………….Petitioners Vs. Bangladesh Government & others…………………………Respondents Judgment April 12, 2010. Result: The rule is discharged. Cases Referred to- Bangladesh Vs. Shamsul Haque, 12 MLR (AD) 25 = 59 DLR (AD) 54; Sazedur Rahman Vs. Secretary M......শিম/শাঃ/৫-বি-6/2005/244 dated 4-6-2009 ( Annexure A) issued by respondents No.6 and impugned letter dated 13-4-2009 (Annexure-A-1) should not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Administrative Law | Date: | Hits: 421
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ......n recourse to wherein their Lordships of the Appellate Division unanimously held that before taking of cognizance of a case by competent Court or tribunal a proceeding cannot be said to be pending an accordingly, a proceeding cannot be quashed unless cognizance in respect there of has been taken and......Md.)……………………Petitioner Vs. Bangladesh and others……………………Respondents Judgment August 12, 2010. Result: Both the Rules are discharged Cases Referred to- Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir, 62 DLR (AD) 290; Abdul Hoque Vs. T......entary affidavits filed in both the writ petitions be formed part of the main petitions. 2. Both the writ petitions are taken up together and disposed of by a single Judgment as common question of law is involved in both the writ petitions. 3. In writ petition No.8362 of 2009 and writ petition..Category: Criminal Law | Date: | Hits: 89
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
....eg, father of Zitu Beg is the CS recorded tenant vide Exhibit 2(Kha) and thus, I find that both the Courts below committed an error of law resulting in an error in the decision occasioning failure of justice in their Judgments and decrees. In fact, they ought to have instructed the plaintiff to amen...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ......ue J Golam Beg…………………….Petitioner Vs. Hajera Begum…………………Opposite Party Judgment July 5, 2010. Result: The Rule is made absolute. Cases Referred to- Safaruddin Vs. Fazlul Huq, 49 DLR (AD) 151. Lawyers Involved: No one appears - For the ......of title of Zitu Beg in the suit land, particularly when Koresh Beg, father of Zitu Beg is the CS recorded tenant vide Exhibit 2(Kha) and thus, I find that both the Courts below committed an error of law resulting in an error in the decision occasioning failure of justice in their Judgments and decr..Category: Property Law | Date: | Hits: 103
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....te Court did not commit any wrong on this point. I do not find any error of law done by the lower appellate Court in dismissing the appeal resulting in an error in the decision occasioning failure of justice and as such, the Rule does not merit consideration and the same is liable to be discharged. ......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ...... Civil Revision No. 4142 of 1999. Judgment Md. Azizul Haque J.- The Rule was issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party No.1 to show cause as to why the impugned Judgment and order dated 22-8-1999 passed by the Additional Dis......endant No.1. On 4-5-1995, defendant No.1 filed an adjournment prayer, which was rejected and the suit was fixed on 10-4-1995 for order. On 10-4-1995, the ex parte decree was passed in accordance with law. 9. Both parties adduced evidence and the learned Subordinate Judge dismissed the miscellaneo..Category: Procedural Law | Date: | Hits: 170
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
.... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533....... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533.......n Adalat and another………………………….Respondents Judgment August 24, 2010. Result: The rule is discharged and the stay order granted earlier stands vacated. Case Referred to- The Oriental Bank Ltd. Vs. Artha Rin Adalat No.4, Dhaka and others, Writ Petition No.5746 of ......uit No.45 of 2003 reside together in the same house. Defendant No.5 is the mother of defendants Nos.2-4 of the Artha Rin Suit. Being satisfied, with the services of summons/notices in accordance with law, the learned Judge of the Adalat fixed a date for ex parte hearing of the suit on 1-9-2007. Defe..Category: Civil Law | Date: | Hits: 157
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......যাদেশ, ২০০৮ রহিতক্রমে এতদসংক্রান্ত উক্ত আইন প্রনয়নের উদ্দেশ্যে আনীত বিল and accordingly Money Laundering Protirodh Ain, 2009 (Act No. VIII of 2009) (in short, the Act) was pass......n......……………Petitioner Vs. Government of Bangladesh and others………………..Respondents Judgment September 9, 2010. Result: The Rule is discharged. Cases Referred to- Marks Vs. United States, 430 US 188 (1977); Beazell Vs. Ohio, 269 US 167 (1925); State Vs. Mi......ental rights of the petitioner guaranteed under Article 44 and 35(1) of the Constitution of the People's Republic of Bangladesh should not be declared to have been initiated and continued without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....ugned Memo and the annexure thereof and submits that the University authority without hearing the petition cancelled the certificate of the petitioner which is clear violation of principle of natural justice. He further submits that the Chittagong University formed an enquiry committee and the said ......r the University of Chittagong in the year 1983 as an external candidate from Chittagong City College bearing Roll No.15946. Registration No.882 in the year 1982-83 and passed in the 2nd Division and accordingly he obtained the provisional certificate in Bengali and subsequently original certificate......man J SM Emdadul Hoque J Abdul Kashem......………………Petitioner Vs. University of Chittagong represented by the Vice-Chancellor and others………….Respondents Judgment October 15, 2008. Result: The Rule is made absolute. Cases Referred to- Advocate AM Zia Ha......oner and taken punitive action against him which was communicated to the petitioner by the respondent No.5 vide Letter dated 31-3-2006, Annexure-G(1) should not be declared to have been taken without lawful authority and is of no legal effect and why they shall not be directed to turn back the origi..Category: Others | Date: | Hits: 186
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