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Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....No.30 dated 11-10-2007 under section 165A of the Penal Code should not be set aside and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. In short, the facts relevant for disposal of this Rule are as follows: One Md. Ali Ahmed Masud (PFM), Sub-Insp......e Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Hye J Md. Abdus Samad J Amanullah (Md.)……………………..Accused-petitioner Vs. State and another………………………Opposite Party Judgment June 3, 2010. Result: The ......me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ..Category: Criminal Law | Date: | Hits: 84
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
.....138 of 2007 under section 138 of the Negotiable Instrument Act, 1881 now pending in the Court of the learned Additional Metropolitan Sessions Judge, Chittagong should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that, the complainant opposite party No.2 Islami B......me Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Abdul Hafiz J Rafiqul Islam…………………….Petitioner Vs. State and another……………………Opposite Parties Judgment February 23, 2009. Result: ......tice, the accused petitioner came to bank authority and verbally prayed for some time and accordingly sometime was given. But the accused petitioner denied these facts. Actually there is no record or evidence to believe such oral version of the opposite party No.2. The opposite party No.2 has create..Category: Civil Law | Date: | Hits: 150
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
.... the Memo No. Section--1/IS/-74/88(9)/2132/1(3) dated 20-7-19 88 passed by the respondent No.2 should not be declared to have been passed without lawful authority and is of no legal effect. 3. The facts, in brief, are that the petitioner is a member, Badarkhali Co-operative. Agricultural and Reha......gh Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Zakir Ahmed J Abdul Malek………………Petitioner Vs. District Co-operative Officer, Cox’s Bazar and ors…………………Respondents Judgment April 9, 1997. Result: The Rule is made......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....-elected against parliamentary seat which according to his own claim has already been won by him. 38. We would like to mention here that the Writ Petition No.3046 of 1996, which involved identical facts and law points, and decided by another Bench of this Court and referred to us by the petitione...... High Court Division (Special Original Jurisdiction) Present: K M Hassan J Md. Latifur Rahman J Mahboob Uddin Ahmed……………Petitioner Vs. Bangladesh Election Commissioner, and others………………Respondents Judgment May 27, 1998. Result: The Rule is disch......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....rdships for consideration. But their Lordships in the case reported in 45 DLR 375 considered the aforesaid decisions and also the decision reported in 35 DLR 224 and then held that “Considering the facts and circumstances of the present case we hold that the present suit for declaration is maintai......hmed Vs. Bangladesh, 45 DLR (AD) 1; Manager, Personal Division Vs. Md. Sazaban Miah & others, 35 DLR 224; Civil Petition for Special Leave to Appeal Leave (CPSLA) No.299/83; Dhunat Degree College and others Vs. Md. Abdus Samad and others, 49 DLR 38; Fazlul Karim Vs. Agrani Bank, represented by t......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ..Category: Employment/Service Law | Date: | Hits: 182
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
.... than the amount spent for supervision of the said property. According to the Administrator General, there is no other way but to sell the entire property in public auction and to keep. 17. In the facts as above, I would consider it just and proper that this Court exercises its extra‑ordinary j....... Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268...Category: Trust/Waqf Law | Date: | Hits: 166
....the trade union, an appeal lies to the Labour Court and the Labour Court may direct the Registrar to register the trade union and to issue a certificate of registration or may dismiss the appeal. The facts of the decisions cited by the respondents are distinguishable. In Dada Match Workers Union the......h Court Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Pabna Motor Employees Association………..……Petitioner
Vs.
The Member, Labour Appellate Tribunal and others...............Respondents
Judgment
May 20, 1991.
Result:
The Rule is discharg......eason to quash the judgment and order impeached in this writ petition.
The result is: we discharge the Rule. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
..
Category: Labour and Industrial Law | Date: | Hits: 171
Rehana Ahmed and others Vs. Nahar Shipping Lines LimÂited, 1990, 19 CLC (HCD)
....e of notices upon the petitioner Nos.1 and 2 and the copies of some proceedings of the meetings of the Board of Directors where the petitioners No.1 and 2 were present. These are the sum total of the facts and circumstances of the case as well as the documents and papers filed by both the parties. ......ereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......n such an order must operate harshly on the rights of the share‑holders. In the present case just a vague allegation has been brought on the point of mismanagement not being supported by any cogent evidence and as such the contention of Mr. Toufique Newaz has no substance. 27. Mr. Toufique Newa..Category: Company Law | Date: | Hits: 233
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
....ction was and is applicable only to cases in which summons has been issued, although expressions in the Chapter meant for both the cases in which summons is issued and warrant is issued. 9. In the facts and circumstances as discussed above, we are of the opinion that section 247 shall apply to a ......dents alleging that on 23.10.87 at about 2-30/3 P.M. the accused-respondents along with other unknown persons assaulted him. The respondent No.1 inflicted bleeding injuries, on his head by a Dao blow and the respondent No.2 hit him with iron patta causing swelling injuries on his body. The responden......lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ..Category: Procedural Law | Date: | Hits: 85
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
.... earlier letter dated 20.9.87 was to be treated as cancelled. On receipt of the impugned letter dated 19.10.87 the petitioner again addressed a letter to the Assistant Manager on 28.10.87 stating all facts and urging him to rescind the impugned letter. The Corporation did not allow the petitioner to......e Bhuyia J M.A. Mannan........................Petitioner Vs. Biman Bangladesh Air Lines........................Respondents Judgment March 6, 1989. Lawyers Involved: Abdul Wadud Khandker with Saifur Reza and Farida Khan - For the Petitioner. Abdul Hasib with M.A. Tariq - For t...... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ..Category: Employment/Service Law | Date: | Hits: 225
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....d, as such, why necessary directions/orders shall not be given to the respondents. This Rule was issued by an order dated 18-8-97 amending the previous Rule issued by this Court on 22-6-97. 2. The facts, as stated in the petition, are that, the petitioner was appointed as a Meteorologist in the t......san J Md. Tafazzul Islam J Sazedur Rahman (Md.)……………………Petitioner Vs. Secretary, Ministry of Establishment, Superior Appointment Division, 4, Bangladesh Secretariat, Dhaka and others……………………Respondents Judgment March 23, 1998. Result: The Rule ......is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....iding Officer Vs. Sadaruddin Ansari and others reported in 19 DLR (SC) 516 and submits that in that case it was decided that in such a situation the writ petition is maintainable. It appears that the facts of that case are quite distinguishable from the facts of the present case. In that case it was...... High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M M Ruhul Amin J Mostafa Kamal………………Petitioner Vs. Chief Election Commissioner and others…………………Respondents Judgment August 19, 1997. Result: The Rule is......llenge any step in the process of the election including an order passed by the Election Commission under Rule 70. In that case it was further observed that in a dispute the issue is to be raised and evidence adduced for adjudication by a competent tribunal. This function has been given to the Elect..Category: Election Law | Date: | Hits: 154
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....ed in 33 DLR 168 and the case reported in 13 MLR (AD) 332 which in no way coining to any aid to the submission as has been advanced by Mr. Bivash as the referred two cases are materially different in facts and circumstance with the present case before me. 10. In respect of second submission that ......ditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ...... my opinÂion the statement that has been made by pre-emptees in the application under Order VII Rule 11 (d) of the Code of Civil Procedure is a matter to be decided by the trial Court after adducing evidence by the parties on this point. Because those facts only can be determined by the trial Court..Category: Procedural Law | Date: | Hits: 88
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....arising out of Sutrapur Police Station GD Entry No.1254 dated 24-12-2000, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to filing of this applicaÂtion under 561A of the (the Code) briefly are that, one Ekr...... Division (Criminal Miscellaneous Jurisdiction) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J Aftabuddin (Md.)…………………………………..Petitioner Vs. State and others………………………………….Opposite Party Judgment July 7, 2010. Res......ade to the effect that "a GD entry filed by the informant that is the husband of the accused Rokeya Begum", thereÂby indicating that the informant is the actual husÂband of Rokeya Begum, before any evidence were led to establish that the informant is the actual husÂband, is unwarranted". It shows..Category: Criminal Law | Date: | Hits: 79
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....8) Judgment Md. Abdul Wahhab Miah J. - This appeal has arisen out of a leave granting Order dated 2nd day of March, 2010 in Civil Review Petition for Leave to Appeal No. 80 of 2009. 2.  The facts giving raise to this appeal are as follows:— The appellant obtained a loan of taka 7,50,0......ain, Advocate-on-Record—For the Appellant. Mamunur Rashid, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent No. 2. None Represented—For Respondent Nos. 1 and 3-5. Civil Appeal No.176 of 2010. (From the judgment and Order dated the 8th day of April,......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is disÂmissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ..Category: Civil Law | Date: | Hits: 138
....s. 1‑8 to show cause as to why the impugned judgment and decree dated 26.7.90 passed by the Subordinate Judge, Fourth Court, Dhaka in Title Appeal No. 126 of 1987 should not be set aside.
2. The facts for disposal of the Rule are as follows: The deceased Md. Abdul Aziz as plaintiff filed Title ......acated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......dants No.3 and 4 on 8.12.1981.
4. The plaintiff examined 3 witnesses and the defendants examined two witnesses.
5. The trial Court after considering the facts and circumstances of the case and evidence on record came to the finding that the plaintiff could not satisfactorily prove the executi..
Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
.... and cross-examined under section 342 CrPC and arguments were heard by the learned Additional Sessions Judge on the same date. Thereafter the learned Additional Sessions Judge on consideration of the facts and circumstances of the case and the evidence on record was pleased to find all the 3 accused......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment November 1, 1993. Result: The appeal is allowed. Cases Referred to- Kitab Ali Talukder Vs. State, 28 DLR 128; Ismail Vs. Abdullah and another, PLD 1963 (WP) (Karachi) 161; SM Farooque alias Syed Farooque Vs. State, 28 DLR 192; Ash...... (Ka) of the Madak Drabya Niyantran Ain, 1990 and explained the same to accused Nurul Islam who was present in Court and pleaded not guilty and claimed to be tried. Thereafter 12.5.1991 was fixed for evidence and on that date an application was filed on behalf of accused Nurul Islam for his bail whi..Category: Criminal Law | Date: | Hits: 81
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
....torney General ‑ For the Respondent No. 2 (In both the writ petitions). Writ Petition No. 2644 of 1990 with Writ Petition No. 346 of 1991. Judgment Qazi Shafiuddin J. - Common question of facts and law in WP No. 2644 of 1990 and WP No. 346 of 1991 being involved and the same are heard to......ering Company...........................Petitioner (In Writ Petition No. 346 of 1991) Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division and others………………………………………………………Respondents (In all the wri...... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57...Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port AuthoÂrity Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
....dditional District Judge, 1st Court, Chittagong refusing to set aside the award dated 9-3-2006 passed by the Arbitral Tribunal thereby disallowed the Miscellaneous Case No.160 of 2006. 2. Material facts are that Chittagong Port Authority invited tender for construction and delivery of 2(two) fast...... ......gone through the Arbitration award, impugned judgment dated 21-1-2007, the contract agreement dated 18-10-2004. We also perused the memo of appeal and counter affidavit and application for additional evidence. Considering the material on record it transpires that in pursuance of tender documents the..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....demolishing the one set up his adversary. There is danger in some cases that the whole truth may not come out before the Court. The Judge in order to discover, or obtain proper proof of relevant facts, may exercise very wide powers indeed; but they all pivot upon the ascertainment of relevant f......ligatory according to law in dispensing justice because it is the duty of Court not only to do justice but also to ensure that justice is being done in order to enable the Court to find out the truth and render a just decision. The statutory provisions of section 540 of the Code are enacted where un......); section 540 The Evidence Act, 1872 (I of 1872); section 156 Section 540 CrPC empowers the Sessions Judge or any Court to examine or re-examine a witness at any stage of the proceeding if the evidence of such a witness appears to him essenÂtial for the just decision of the case. The purpose..Category: Criminal Law | Date: | Hits: 97
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