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....opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 57.
......Md. Nazimuddin, has been challenged by the petitioner Mrs. Nasima Akhter (Papi) who happens to be the wife of the detenu.
3. It is alleged in the application that the detenu is a small businessman and a law abiding citizen. He was falsely implicated in an entry in the general diary of the Kotwali......aid case on the Government and after hearing the parties a Division Bench of this court found the detention of the detenu on the basis of this order passed by the Government on 6-11-93 as aforesaid illegal and without lawful authority and accordingly, directed release of the detenu by its judgment d..
Category: Criminal Law | Date: | Hits: 69
Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)
....dated 05.05.1967 and handed over possession to him. The deed could not be registered on account of the legal complications prevailing at the time regarding registration of sale deeds concerning Hindu property. Soon after purchase, Mazid Saiyal built his dwelling house in his portion of the suit hold......l Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Hazi Abdul Hakim Khan.................................. Petitioner Vs. Lal Miah Saiyal alias Lal Miah and others........ Respondents Judgments February 26, 2012 Result: The petition is dism......8 acre land of the suit plot to Abdul Mazid Saiyal, father of the defendant No.1, by a sale deed dated 05.05.1967 and handed over possession to him. The deed could not be registered on account of the legal complications prevailing at the time regarding registration of sale deeds concerning Hindu pro..Category: Property Law | Date: | Hits: 70
.... that he being satisfied with the overall disturbing condition in the university and considering the fact that the petitioner being Vice-Chancellor was unable to run the administration peacefully and properly had exercised his power under section 16 of the General Clauses Act, being the appointing a......& others………………Respondents
Judgment
July 1, 1997.
Result:
The Rule is discharged.
Cases Referred to-
Dr. Syed Mahbubur Rahman Vs. Bangladesh University of Engineering and Technology, 45 DLR 333; Bangladesh Freedom-fighters Welfare Trust Vs. Md. Momtajul Hossain, 44 D......nt of the People’s Republic of Bangladesh and Secretary to the Chancellor of Rajshahi University, Rajshahi, should not be declared to have been passed/made without any lawful authority and is of no legal effect.
2. In this writ petition the petitioner describes himself as Vice-Chancellor of Raj..
Category: Employment/Service Law | Date: | Hits: 158
Bangladesh Agricultural Development Corporation Vs. Md. Abdur Rashid and others, 2012, 41 CLC (AD)
....assed in Writ Petition No.2331 of 2009. 8. Mr. Mahbubey Alam, the learned senior Counsel appearing on behalf of the BADC-petitioners in all the cases submits that the High Court Division failed to properly assimilate the facts and circumstances in Civil Appeal Nos. 158-184 of 2006 and 136 of 2007......ction) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Md. Shamsul Huda J Bangladesh Agricultural Development Corporation, Dhaka and others................ Petitioners (In all the cases) Vs. Md. Abdur Rashid and others …......ent of this Division dated 27.05.2008 in Civil Appeal Nos.158-184 of 2006 and Civil Appeal No.136 of 2007, wherein it was held that termination of services of the employees and officers of BADC was illegal. The High Court Division declared the notifications impugned in the writ petitions to have bee..Category: Employment/Service Law | Date: | Hits: 73
....jor punishment and therefore, the rules required an inquiry to the allegations.
6. Mr. Mahmudul Islam, appearing for the caveators, on the other hand, contended that the High Court Division on a proper consideration of the materials on record discharged the rule on assigning good reasons and ......his Case is also Reported in: VIII ADC (2011) 770.
......d with as prayed for.
This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008.
Ed.
This Case is also Reported in: VIII ADC (2011) 770.
..
Category: Employment/Service Law | Date: | Hits: 97
Jiban Chandra Sarkar Vs. Md. Rafizuddin Bepary and others, 2011, 40 CLC (AD)
....) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ......e with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ......finally published the suit for declaration simpliciter that the said record was wrong was not maintainable in law, but the learned Judge of the High Court Division failed to consider this pertinent legal aspect of the case and thus, erred in law in decreeing the suit and as such, the impugned judg..Category: Property Law | Date: | Hits: 66
....e the said pattan defendant Nos.1 and 2 had been residing on the suit land constructing dwelling structures thereon and on payment of rent, municipal tax etc. The said defendants transferred the suit property to the plaintiffs by a registered sale deed dated 12.05.1970, but in that sale deed also ......
This Case is also Reported in: VIII ADC (2011) 744.
......17 filed before the District Judge, Barisal. Sona Lakhshmi and the reversionary heir leased out the said land to Dinabandhu Gangopadhya (father of defendant Nos.1 and 2) by patta dated 05.11.1941 for legal necessity and delivered possession thereof. In the said patta by mistake plot No.1549 was writ..
Category: Property Law | Date: | Hits: 83
Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
....d ex-parte on 06.06.1992 in preliminary form directing the judgment-debtor-petitioner to pay the decreetal amount within 3 (three) months, in default, to realize the decreetal amount by selling the properties as described in the schedule to the application. As the judgment-debtor did not pay the......hhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Hossain Ahmed.........................Petitioner Vs. Bangladesh House Building Finance Corporation and another……….........Respondents Judgment February 27, 2011. Result: The ......e passed and remedy of the respondent to get possession of the mortgaged property, if at all, was by a separate proceeding, but the learned Judges of the High Court Division failed to consider this legal aspect of the case and thus erred in law in passing the impugned order. On the above submiss..Category: Civil Law | Date: | Hits: 108
Shariful Islam Vs. Billal Hossain and the State, 1992, 21 CLC (HCD)
....fresh charge and proceed with the trial. Here in this case, on consideration of the materials on record, if the trial Court finds that a charge under section 326 of the Penal Code would have been the proper charge that Court has the authority to frame a fresh charge. But in the present case before u......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Shariful Islam…………………………Petitioner Vs. Billal Hossain and the State………………………Opposite Parties Judgment July 29, 1992. Lawyers In......its that in such a case the revisional Court cannot direct the trial Court to frame charge under any particular section of the Penal Code. He submits that the learned Sessions Judge committed gross illegality in directing the learned Magistrate to frame a charge under section 326 of the Penal Code a..Category: Criminal Law | Date: | Hits: 67
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....ments and the learned Munsif issued an order on 27.7.81 granting ad‑interim injunction. Thereafter the opposite parties on 14.9.81 filed an application under Or. 39 r 2(3) CPC for attachment of the property of the petitioners for imposing fine and for their civil imprisonment on the allegation tha....... This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......ervice of writ of temporary injunction on them properly. Dr. Ahmed Hossain further submits that as the proceeding under Order 39, rule 2(3) of the CPC is quasi‑criminal in nature the Court is under legal obligation to frame issue containing the allegations of disobedience with material particulars..Category: Criminal Law | Date: | Hits: 90
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....appellant was not entitled to compensation for the loss of business for 47 days as alleged and the appellant was not entitled to any amount for the non‑scheduled work and the bill submitted was not proper. 4. Both the appellant and the respondent filed documents including the measurement book b......Case is also Reported in: 45 DLR (HCD) (1993) 712. ......e, Judicial Committee Lord Dunedin says: "An error in the law on the face of the award means in their Lordships" view, that you can find in, the award or a document actually incorporated thereto some legal proposition which is the basis of the award and which you can then say erroneous”. In the ca..Category: Alternative Dispute Resolution | Date: | Hits: 156
....ers for rejection of the plaint under Order VII rule 11 of the Code of Civil Procedure should not be set aside and or pas such other order or further order or orders as to this Court may seem fit and proper.
2. Opposite parties Nos.1‑3 as plaintiffs filed title suit No.12 of 2002 in the Court o......
This Case is also Reported in: 57 DLR (2005) 34.
......ubmits that in view of the clear bar imposed by section 45 of the Fast Pakistan Ordinance XXXIII of 1961 the Civil Court has got no jurisdiction to entertain the instant suit wherein the propriety or legality of the show cause notice issued by the Board as to why the Managing Committee of the school..
Category: Employment/Service Law | Date: | Hits: 66
....o that it may satisfy itself that he is not being detained without lawful authority or in an unlawful manner and/or pass such other or further order or orders passed as to this Court may seem fit and proper.
2. The detenu was arrested on 30‑10‑2003 in connection with Mongla PS Case No.5 dated......Affairs.....................Respondent
Judgment
March 1, 2004.
Cases Referred to-
Md. Anowar Hossain on behalf of detenu Chittaranjan Guha Vs. State, 29 DLR 15; Calcutta Dock Labour Board and others Vs. Jaffar Imam, AIR 1966 (SC) 282; Habiba Mahmood Vs. Bangladesh, 45 DLR (AD) 89.
Law......ted by the Memo No.3597 dated 17‑12‑2003, Annexure-C to the Writ Petition.
3. Mr. Kazi A Hakim, Learned Advocate appearing for the petitioner, submits that the order of extension is ex facie illegal and without jurisdiction since the respondent No.1 is not authorised to extend the period of d..
Category: Criminal Law | Date: | Hits: 64
AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....o. V of 1908); Order VII rule 11(c)(d) The valuation of the suit is very important in determining the jurisdiction of the court and, as such, the question is required to be dealt with by passing a proper order assigning reasons by the learned Assistant Judge...........................(17) Case......urt High Court Division (Civil Revisional Jurisdiction) Present: SM Hossain J AKM Haroon‑or‑Rashid & another..................Petitioners Vs. AKM Mostafa Kamaluddin and others.............Opposite Parties Judgment March 22, 2001. Result: The Rule is mad......e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29. ..Category: Civil Law | Date: | Hits: 68
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
....estion for consideration was whether the prosecution has been able to prove conclusively that the husband alone killed his wife. On re‑appraisal and scrutiny of evidence the Court held it will be improper to substitute moral conviction for legal evidence. The only fact that the girl was found lyin......State. Criminal Appeal No. 1337 of 1998. Judgment Md. Hassan Ameen J.- This Criminal Appeal, at the instance of sole accused-appellant namely, Emdadul Hoque, is directed against the judgment and order, dated 4‑5‑1998, passed, by the learned Sessions Judge, Lalmonirhat, in Sessions Case ...... available in paper-book and submits that this is a case of no evidence, but the learned trial Court arrived at a decision on guess and surmise. He further submits that the learned trial Court most illegally disbelieved the expert's opinion the doctor who opined that the cause of death of the deceas..Category: Criminal Law | Date: | Hits: 76
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....7‑1992, now pending in the Court of Divisional Special Judge, Khulna Barisal Station) should not be quashed or such other order or further order or orders passed as to this Court may seem fit and proper. 2. The relevant facts, for the purpose of disposal of this Rule are stated herein below: ......Case is also Reported in: 57 DLR (2005) 17. ...... দুর্লোভের বশবর্তী হইয়া আর্থিক লাভবানের আশায় আত্মসাৎ করিয়াছেন’’। 8. Challenging the legality and propriety of such order of framing of charge the present accused-petitioners have moved..Category: Criminal Law | Date: | Hits: 85
Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)
.... (5) of clause (e) reads as follows: "5. If the Chairman of any Examination Committee has reason to think that the scripts of any paper, which have been examined by a single examiner have not been properly examined, he may, with the previous approval of the Vice Chancellor, arrange for the reex......n (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Abdul Mannan Bhuiyan (Md.)........................Petitioner Vs. University of Rajshahi and others...............Respondents Judgment April 26, 2004. Lawyers Involved: Md. Taju......ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ..Category: Others | Date: | Hits: 157
Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)
....000 now pending in the Court of Magistrate, 1st Class, Bogra, should not be quashed. 2. The facts relevant for disposal of this Rule, briefly stated, are that the petitioners inherited some landed property from their grandfather. Borim Pramanik, one other successor of said Borim Pramanik raised a......also Reported in: 56 DLR (2004) 453.......n under section 561A of the Code of Criminal Procedure. 4. Mr. Idris Khan, the learned Advocate, appeared on behalf of the petitioners. The main argument put forward by the learned Advocate is the legal bar under section 195(1) (c) of the Code of Criminal Procedure. The learned Advocate submitted..Category: Criminal Law | Date: | Hits: 62
Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)
....er has made a prayer to the effect that respondent No. 3 should be deemed to have vacated his seat as Member of the 8th Parliament, Now at the time of hearing Mr. Khan Saifur Rahman could not explain properly whether it is a writ of quo warranto or a certiorari. In any case, in spite of this ambigui...... Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Fazlur Rahman (Md)…………………………………………………Petitioner Vs. Md. Abdul Hamid, Advocate and others……………………Respondents Judgment July 24, 2002 Result: The Rule is......een argued on behalf of the respondent No. 3 by Mr. Shafique Ahmed that when the specified person himself is required to take oath, as there is no express prohibition in the Constitution itself, no illegality was committed by the respondent No. 3 when he took oath himself without his oath being admi..Category: Constitutional Law | Date: | Hits: 242
....onstitution of the country and, as such, the said proviso is liable to be struck down. He has referred to the case reported in 33 DLR (AD) 201 wherein their Lordships have held that in the absence of proper guidelines as to how discretion is to be exercised it will lead to arbitrary exercise of powe......is also Reported in: 56 DLR (2004) 444.......2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs.
Ed.
This Case is also Reported in: 56 DLR (2004) 444...
Category: Civil Law | Date: | Hits: 70
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