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Abdul Qayum Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....citizenship or he owned allegiance to any other country. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340.......oner's father is a Bangladeshi and the petitioner was also born here and he was working here all along. He never applied for citizenship or he owned allegiance to any other country. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in:......ul Hasib J Abdul Qayum ................Petitioner. Vs. The Secretary, Ministry of Home Affairs, Government of Bangladesh and others................Respondents Judgment October 30, 1991. Result: The Rule is made absolute. Case Referred to- Mukhta...... Home Affairs in respect of the petitioner for deciding the question as to whether the petitioner is entitled to get back the possession of his house, should not be declared to have been made without lawful authority. By the same Rule Memo. No.111 (Imn)/V dated 24.1.87 issued by the Home Ministry re..

Category: Immigration and Citizenship Law | Date: | Hits: 178

Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)

....trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ......trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ......Md) ........................Petitioner. Vs. Alimuddin ....................Opposite Party. Judgment April 18, 1990. Result: The Rule is made absolute. Cases Referred to- Mozaffar Ahmed Vs. Anwar Ali and others, 16 DLR 336; Colonial Sugar Refining Company Ltd. ......urning the Memorandum of Appeal by the impugned order on the ground of want of pecuniary jurisdiction. He further submits that neither in the Civil Courts (Amendment) Ordinance, 1983 nor in any other law there is any provision that the forum of appeal will be determined with reference to the provisi..

Category: Procedural Law | Date: | Hits: 102

Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)

.... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ...... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ......8 of 1987 are discharged. Lawyers Involved: TH Khan with MI Farooqui and Saleemullah, Advocates‑ For the Petitioner (In Civil Revision No. 678 of 1987). Sayed JR Mudassir Hossain, Deputy Attorney General ‑ For the Opposite Party (In Civil Revision No. 678 of 1987). Mustafa Niaz Muham......and 1515 of 1989. Judgment ARM Amirul Islam Chowdhury J.- These Revisional applications are taken up together for hearing and are disposed of by this judgement as they involve the same point of law. 2. In this judgment the expressions defendant petitioners and the plaintiff opposite parties..

Category: Others | Date: | Hits: 226

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

....well in the absence of any authority or delegation of power and contrary to the provisions of law allegedly taken over the plaintiff's concern against the sanction of law. In the instant case natural justice also comes into play. How can a running industry be taken over without a notice to show caus...... Judgment Mohammad Fazlul Karim J.- Since both the appeals are between the same parties involving substantially the same facts and points of law the same were taken up for hearing together and accordingly disposed of by this single judgment. 2. Civil Appeal No.45 of 1993 by leave arose out......ng dead his heirs: Mr. Nagar Mohiuddin and others………………………..Respondents (In both the appeals) Judgment May 25, 2004. Result: The appeals are dismissed. Cases Referred to- Bangladesh Vs. Dhaka Steel Works Limited, 45 DLR (AD) 69; People's Republic of Bangladesh and......h Court Division in Civil Revision No.1714 of 1992). Judgment Mohammad Fazlul Karim J.- Since both the appeals are between the same parties involving substantially the same facts and points of law the same were taken up for hearing together and accordingly disposed of by this single judgment...

Category: Property Law | Date: | Hits: 111

Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)

....le for a number of reasons on grounds of public policy because there is a general public interest in a free and independent Bar and a Barrister owes a duty to the Court for the true administration of justice, or because an action for negligence against a barrister would invevitably involve the re‑......t be granted. During the pendency of that proceedings the present petitioner company filed contempt petition No.99 of 1997 against the subordinate Judge and the Branch Manager, Agrani Bank, Pabna and accordingly, Rule was issued upon them. But BSRS was not a party in the aforesaid Contempt Petition ......lso Reported in: 55 DLR (HCD) (2003) 463. ......posite parties nor the other respondents of the aforesaid writ Petition violated this court's order passed in the said writ petition. 7. Since an important question as to the liability of a lawyer in respect of giving legal opinion is involved in this case, we requested Mr. Mahmudul Islam,..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 417

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

....n of this Court the tender age of the condemned prisoner Rokeya Begum as well as the other attending circumstances may be considered as extenuating circumstances for her and we think that the ends of justice would be sufficiently met if we commute the sentence of death passed upon the condemned pris......and at that time she was standing inside the room. Shahidul and his accomplices having been confirmed of the death of Hanif Sarker called Rokeya and said her that everything was finished. Thereafter, according to the premeditation, Shahidul and his two other accomplices fastened her legs, hands and ......No. 320 of 2008, Criminal Appeal No.1247 of 2008 and Criminal Appeal No. 1284 of 2008 are dismissed. Jail Appeal No. 406 of 2008 and Criminal Appeal No. 2515 of 2008 are allowed. Cases referred to- The State Vs. Md. Abdur Rashid, 1987 BLD (AD) 73; R.V. Mannu 1909 All 390 F.B.; Salauddin Vs.......m - for the Appellant (In Criminal Appeal No. 2515 of 2008). Khalifa Shamsunnahar, State Defence Lawyer - for the Appellant (In Jail Appeal No. 318 of 2008). Khalifa Shamsunnahar, State defence lawyer - for the Appellant (In Jail Appeal No. 319 of 2008). Hasna Begum - for the Appellant (In ..

Category: Criminal Law | Date: | Hits: 98

Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

....read with rule 29 of Order 41 inasmuch as no points were specified by the learned appellate Court on which additional evidence is to be given and taken. Simply quoting the formula "in the interest of justice" is not enough factual reason and does not satisfy the requirements of the rules. According ...... for production of the said documents as additional evidence both in the interest of justice as also to enable the Appellate Court to come to a proper finding, and as such the said order is very much according to the provisions of rule 27 of Order 41. In this connection he has referred to a number o...... Vs. Government of the People's Republic of Bangladesh and others.........Opposite Parties Judgment July 3, 1991. Result: The Rule is discharged. Cases Referred to- AIR 1959 Bom. 300; AIR 1938 Mad. 372; AIR 1946 Mad. 168; AIR 1931 PC 143; 7 DLR PC page 1,......itional evidence. He has also found that the list of the documents that have been annexed in the application for additional evidence are necessary to be exhibited in the appeal in accordance with the law of evidence. It also appears that the lower appellate Court also allowed the plaintiff‑respond..

Category: Procedural Law | Date: | Hits: 113

Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)

.... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ...... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ......Petitioner Vs. The Election Commission and others .....................Respondents Judgment May 24, 1990. Result: The the Rule is discharged. Cases Referred to- AC Joshep Vs. Seevan Pillai, AIR 1984 (SC) 925; Mohindar Singh Gill and another Vs. The Ch...... Vs. Raziur Rahman, reported in 18 DLR (SC) 426. He submitted that the Election Commission has been vested with the power to organize, hold and conduct the election of Chairman in accordance with the law and rules and in spite of deletion of Rule 68 when a dispute arises as to adjournment of polls i..

Category: Election Law | Date: | Hits: 177

Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)

.... connected with the crime. The fact that the accused were seen near at Venda and the deceased persons were also found there, so the accused are liable, is a proposition fundamentally against criminal justice. 22. P.W.9 Gopal Sarder who is an accused in the murder of Eklas deposed that Golam Ho......sed party and as such their evidence could not be safely relied upon unless corroborated by independent witnesses. 32. The learned Judge, however, placed reliance on the statements of P.W.8 who according to him is an independent and disinterested witness. It is to be taken note of that in the ......�…………………...Appellants Vs. State…………………….Respondent Judgment July 31, 1990. Result: Both the appeals are allowed. Cases Referred to- Hannmart Govind Nargundkar Vs. The State of MP, 1952 SCR 1091; AIR 1952 SCC 343; AIR 1954 ...... and thereafter they were proceeding towards their home but hardly they reached near the house of Kamal Akhi in the village of Venda, the accused appellants along with some other persons forming an unlawful assembly being armed with deadly weapons like ramdao, valla, lathi, gupti, gun etc. encircled..

Category: Criminal Law | Date: | Hits: 95

Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....of his detention, affording an opportunity to the detenu to show cause on the, grounds relatable to his detention. Supply of grounds, to make reply is a feeble attempt founded on principle of natural justice. Apart from this, section 10 provides for sending the case of the detenu to the Advisory Boa......t week of December, 1990 the opposition political parties and alliances mounted tremendous pressure upon the Jatiya Party Government to resign in the line suggested by them under the Constitution and accordingly the Vice President Moudud Ahmed resigned and the caretaker Government was appointed by t......public of Bangladesh, Secretariat Building, Dhaka and others ……….Respondents. Judgment March 20, 1991. December 9, 1991. Result: The Rule is discharged. Cases Referred to- Mohd. Subrati Vs. State of WB, 1973 SC 207 (211); Jon Martin Vs. State, AIR 1975 (SC) 775K......etained in House No.10, Road No. 84, Gulshan Model Town, Gulshan, Dhaka, should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful authority or in an unlawful manner. 2. The case of the petitioner is that the detenu come..

Category: Criminal Law | Date: | Hits: 113

Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)

....ether for such negligence of the presiding officer concerned petitioner should suffer a fresh trial for no fault of his own and procedural technicalities should be allowed to prevail over the ends of justice. In this connection we like to mention that no complaint was made by the Public Prosecutor b......nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. .....................Opposite Party Judgment November 29, 1995. Result: The Rule is made absolute. Lawyers Involved: None Appears – For the Petitioner. Abdus Salam Mamun, Assistant Attorney‑General ‑ For the State. Criminal Revision No. 839 of 1990. Judgment Kazi Ebadul......nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ..

Category: Criminal Law | Date: | Hits: 73

Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)

.... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ...... August 1, 1995. Result: The Rules in respect of Civil Revision Nos. 3451 and 3474 of 1992 are made absolute. The Rule in Civil Revision No. 604 of 1993 is discharged. Cases Referred to- PLD 1967 (Sc) 97; PLD 1959 (WP) Lahore 93; 17 DLR 687; 32 DLR 94; Mst. Khurshid Bibi Vs. Babo...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ..

Category: Family Law | Date: | Hits: 265

Tahera Nargis Syed Vs. Shamsur Rahman, Deputy Inspector General of Prisons, Dhaka Central Jail, 1989, 18 CLC (HCD)

....e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imprisonment for three (3) days. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 508. ......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imprisonment for three (3) days. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 508. ......ch) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Tahera Nargis Syed……………………………Petitioner Vs. Shamsur Rahman, Deputy Inspector General of Prisons, Dhaka Central Jail…………………………Contemner Judgment May......r a period of 30 days from the date of service thereof purportedly under section 3(2) of the Special Powers Act, 1974 for allegedly preventing him from endangering public safety, for maintenance of law and order and from causing prejudice to the economic and financial interest of the State. The gr..

Category: Criminal Law | Date: | Hits: 124

Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)

....er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......sson to dispose of the suit. The learned Advocate has placed paragraph 3 of the plaint wherein it has been stated that the plaintiff intended to execute a heba deed in favour of his daughters and accordingly he along with the defendants went to Laxmipur Sub-Registry Office where the defendant ...................Petitioner Vs. Mst. Shafia Khatun & others...........................Opposite Parties Judgment April 13, 1989. Result: The Rule is made absolute. Cases Referred to- Nittala Achayya and others Vs. Nittala Yellamma and others, AIR 1923 (Mad) 109; Chellamma Ra......me of his lands by a deed of heba, which is situated in Mouza Jagabandhu within Upazila Ramgati, District Laxmipur to his two daughters. For this purpose he entrusted the defendants and his sons-in-law to help him in this matter and went to Laxmipur Sub-Registry Officers where the defendants in or..

Category: Property Law | Date: | Hits: 136

Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)

.... 1967, and for long 22 years the defendant has been successfully keeping the matter pending on some technical plea and thereby depriving the plaintiff from the fruits of the award. In the interest of justice we feel that the defendant should not be allowed to drag the proceeding unnecessarily any ......hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ......ice Mills………………Petitioner Vs. Bangladash..............................Opposite Party Judgment May 25, 1989. Result: The Rule is discharged with costs. Cases Referred to- Muhammad Shafi and others Vs. Muhammad Sabir and others, PLD 1960 (Lahore) 591; AIR 1944 (L......ore) 591. In that case relying upon the decisions reported in AIR 1944 (Lahore) 398, AIR 1955 Punjab 145 and AIR 1945 Bombay 417, it was observed as follows:- "The brief history of the arbitration law which has been given above clearly shows that the words "the date of service of the notice of th..

Category: Procedural Law | Date: | Hits: 93

Mercantile Fire and General Insurance Co. Ltd. Vs. Bata Shoe Company Pakistan Ltd., 1989, 18 CLC (HCD)

....ance in the contentions raised by the learned Advocate for the appellant. In the result, the appeal is dismissed without any cost. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 45. ......ance in the contentions raised by the learned Advocate for the appellant. In the result, the appeal is dismissed without any cost. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 45. ......td...........Appellant Vs. Bata Shoe Company Pakistan Ltd..................................Respondents Judgment February 15, 1989. Result: The appeal is dismissed. Cases Referred to- London and Provincial Leather Process Vs. Hudson (1939) 3 All ER 857; Dodwell and Comp. Ltd......t submits that the legal questions raised by the learned Advocate for the appellants are not at all relevant for the purpose of this case. 7. He further submits that on proper consideration of law and fact the trial Judge has passed the judgment in this case and as such the same need not be i..

Category: Business or Commercial Law | Date: | Hits: 325

Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)

....hout the consent of others or in spite of such restrictions as imposed under sub-rule (4) of rule 1 of Order 23, the court can exercise the inherent power to make appropriate order in the interest of justice. Is sub-rule (1) of rule 1 independent? 12. The principles in such cases in matter of all......ion of 12 co-plaintiffs to the category of pro forma defendants is partly correct. It is, therefore, ordered that the co-plaintiffs No.1-3 and 8-10 may be transposed to the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as t...............................Petitioners Vs. Government of Bangladesh & Others............Opposite Parties Judgment March 23, 1988. Result: The Rule is disposed of. Case Referred to- Baidyanath Nandi and others Vs. Shumma Sundor Nandi and others, 1943 AIR Cal 427. Lawyers ......he Government in the year 1973-74 as the same were vested in Government under P.O.72/72 and P.O. 137/72 and all suits and legal proceedings relating to title are barred under the said provisions of law. The withdrawing plaintiffs thought that the prosecution of the title suit would incur unneces..

Category: Procedural Law | Date: | Hits: 82

Mahtabuddin Ahmed Vs. The Principal Secretary, President's Secretariat, Dhaka and Others, 1989, 18 CLC (HCD)

....der the provisions of Regulation No. II of the Martial Law Regulation 1 of 1982 which was numbered as Tejgaon P.S. Case No.113 (1)86. 3. The petitioner made an application to the CMLA, praying for justice. On the basis of the said application the record of the case was transmitted to the CMLA's S...... report. The Secretary perused the written defence of the petitioner against the allegation and thoroughly examined the entire record and found no incriminating materials against the petitioner and accordingly the Secretary sent a report to the CMLA Secretariat under Memo No. EI/7/84-260 dated 19.......n Ahmed.......................Petitioner Vs. The Principal Secretary, President's Secretariat, Dhaka and Others......Respondents Judgment November 14, 1989. Result: The order passed to review. Lawyers Involved: Shamsul Huq Chowdhury with Mahmudul Islam. Salma Masud Chowd......f this Proclamation, make, by order, such provisions as he deems necessary or expedient and every such order shall have effect notwithstanding anything contained in the Constitution or in any other law for the time being in force." 11. It is conceded by the learned Advocate for the petitioner a..

Category: Employment/Service Law | Date: | Hits: 209

State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)

....4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......hs for doing the same and instantly Siraj Mia paid taka one lakh to Masum. Masum after having received the money asked him (accused Jamir) and Piyas to come in front of Alia Madrasha on the 10th and, accordingly, on 10.8.2005 at about 10 hours in the night he, along with 5 other accused, namely, Mas......ent April 9 and 18, 2012. Result: Death Reference No. 87 of 2006 is accepted and all the Criminal Appeals and Jail Appeals are dismissed. Lawyers Involved: Md. Jahangir Alam, Deputy Attorney-General with Md. Ensanuddin Sheikh, Md. Nurul Islam Matubber and Mahabub-ul-Alam, Assistant A......hter Hossain, but due to maladjustment Akhter Hossain and his wife Julie left Sirajul Islam’s house and went to Julie’s father’s house. Akhter Hossain and Julie lived there (Aktar’s father-in-law’s house) till the later part of July-2005 A.D. In the meantime, Sirajul Islam to meet his prob..

Category: Criminal Law | Date: | Hits: 105

Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)

.... by the impugned judgment at his own motion most illegally remanded the suit to the trail Court after setting-aside the well founded judgment of the trial Court below which resulted in the failure of justice. 9. Mr. Mohammad Nazrul Islam, the learned Advocate to strengthen his submission has rel......ing back the case on remand to the trial Court. 11. Mr. Md. Osman Ghani, the learned Advocate appearing for the opposite parties on the other hand, supports the impugned order of remand which was according to him just, correct and proper. He submits that in the facts and circumstance of the case......ourt’s record be sent down at once. Ed. This Case is also Reported in: ...... the case……………………..(17) Before passing an order of remand the learned Judge decide the question rose in appeal on the basis of evidence on record in accordance with law. The appellate Court below is competent enough to examine any witness or to take any evidence as..

Category: Procedural Law | Date: | Hits: 113

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