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Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....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 ...... Abul Hossain Molla & others…………..Respondents. Judgment May 7, 1991. Result: The appeal is allowed. Case Referred To- Habibur Rahman Vs. Abdul Wadud and others, 21 DLR page 382. Lawyers Involved: Abdul Hamid Chowdhury, Advocate-For the A......by the learned Additional District Judge in Title Appeal No.323 of 1969 is hereby set aside 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...Category: Property Law | Date: | Hits: 122
Abul Kalam Chowdhury Vs. Mohammad Zulfiqar, 1991, 20 CLC (HCD)
....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...... Mohammad Zulfiqar .......... Opposite Party. Judgment May 26, 1991. Result: The Rule is made absolute. Lawyers Involved: Md. Ozair Farooq with Sadiqur Nahar Papri and Md. Serajul Islam, Advocates ‑ For the Petitioner. Shahabuddin Faiz. Advocate For the Op......oner. That means the Additional District Judge upheld the election of opposite party No.1 as declared by the Returning Officer and approved by the Election Commission. It is against this judgment and order of the First Court of Additional District Judge that this revision has been preferred and the ..Category: Election Law | Date: | Hits: 240
Abdul Aziz Vs. State, 1990, 29 CLC (HCD)
....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, ....... No One ‑ For the Respondent. Criminal Appeal No. 49 of 1989. Judgment AM Mahmudur Rahman J.- This is an appeal at the instance of the informant from an order of conviction and sentence passed against the accused‑Respondents Jahangir Alam and Sarwar passed by the Session...... - For the Appellant. No One ‑ For the Respondent. Criminal Appeal No. 49 of 1989. Judgment AM Mahmudur Rahman J.- This is an appeal at the instance of the informant from an order of conviction and sentence passed against the accused‑Respondents Jahangir Alam and Sarwar p..Category: Criminal Law | Date: | Hits: 110
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
..... 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......urt High Court Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Pubali Bank Limited ............Petitioner Vs. Monsur Ali Akanda and others………….Opposite Parties Pubali Bank Limited…….......Petitioner ......said opposite parties along with other employees of the banks went on strike on and from 10th September, 1981, but the Assistant General Manager of the Pubali Bank, Regional Office, Mymensingh issued orders on 22nd September, 1981 terminating their employment. In the circumstances they brought two s..Category: Labour and Industrial Law | Date: | Hits: 176
State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)
....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......essions Case No.42 of 1990 for confirmation of the death sentence passed upon the accused Abul Kalam Azad. The accused has been charged under sections 302/326/324 of the Penal Code for causing murder and grievous hurt as well as simple injury upon one Tofazzal Hossain Nanno Miah together with Sakhaw......Abul Kalam Azad .But Abul Kalam Azad used to torture her. He used to drink wine and was addicted to gambling but her Khala protested, as such, she was beaten by accused Kalam. Thereafter her Khala in order to save her life divorced Abul Kalam Azad by herself. The accused thereafter threatened them f..Category: Criminal Law | Date: | Hits: 125
Liton Vs. State and others, 1995, 24 CLC (HCD)
....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......) (1996) 102. ......isal. 2. The law is by now well‑settled that the High Court Division of the Supreme Court has the widest and comprehensive power under 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..Category: Procedural Law | Date: | Hits: 140
Bengal Steel Works Limited Vs. Registrar of Joint Stock Companies and Firms, 1995, 24 CLC (HCD)
....from drawing up this order and submit receipt of the same showing payment. The cost of the application will be borne by the company. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 101....... High Court Division (Civil Original Jurisdiction) Present: Mainur Reza Chowdhury J Bengal Steel Works Limited....................Plaintiff Vs. Registrar of Joint Stock Companies and Firms ..................Respondent Judgment November 23, 1995. Result: The applicati......r, 1995 and lay before it the accounts for the year ending 1993. 7. The company is directed to contribute Taka 5000.00 to Diabetes Association, Shahbag, Dhaka within one month from drawing up this order and submit receipt of the same showing payment. The cost of the application will be borne b..Category: Company Law | Date: | Hits: 358
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....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......ourt Division (Criminal Miscellaneous Jurisdiction) Present: Md. Mozammel Hoque J Md. Tafazzul Islam J SA Alim ..................................Appellant Vs. Dr. Md. Golam Nabi and another……………………………………….Respondents Judgment November 3, 199......e and prayed for bail, but bail was not granted and he was taken into custody. Thereafter he preferred criminal appeal before the Sessions Judge, Joypurhat who also refused to grant bail. Against the order passed by the learned Sessions Judge, Joypurhat, refusing his bail the complainant filed an ap..Category: Others | Date: | Hits: 139
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
....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......dent Lieutenant General (Rtd.)]..............Petitioner Vs. State ............Opposite Party Judgment November 9, 1995. Result: The Rule is made absolute. Lawyers Involved: Khandker Mahbub Hossain with Golam Kibria, Md. Afzal Hossain, Md. Harun‑or‑Rashid and Khurshida Bi......orney‑General ‑ For the State. Criminal Revision No.1003 of 1995. Judgment Md. Mozammel Hoque J.- This Rule was issued directing the opposite‑party to show cause as to why the impugned order dated 16.8.95 passed by the Sessions Judge, Dhaka, in Sessions Case No.256 of 1995 arising out..Category: Criminal Law | Date: | Hits: 121
.... 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......n)
Present:
AM Mahmudur Rahman J
Mahfuzur Rahman J
Rup Charan Das @ Sree Rupcharan Das & another................Petitioners
Vs.
Government of the People's Republic of Bangladesh and others.............Respondents
Judgment
May 21, 1995.
Result:
The application is rej......strate, the Respondent 4, for redemption of the disputed property on the ground that the transfer of the land was a complete usufructuary mortgage. The Respondent 4 on contest allowed the same by his order dated 19.3.85. Against the order First Appeal No. 69 (XIII) of 1984‑85 was filed before the ..
Category: Property Law | Date: | Hits: 95
KM Mahmudur Rahman and others Vs. State, 1995, 24 CLC (HCD)
....ings of the Marine Court. In the result, the Rule is discharged and order of stay stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 92. ......s also Reported in: 48 DLR (HCD) (1996) 92. ......dul Haque J KM Mahmudur Rahman and others....................Petitioner Vs. State..................Opposite Party Judgment November 14, 1995. Result: The Rule is discharged and order of stay stands vacated. Lawyers Involved: Md. Fazlul Karim, Advocate - For the Petition..Category: Criminal Law | Date: | Hits: 88
Mizan Howlader Vs. Bangladesh, 1995, 24 CLC (HCD)
....l" in the notification the petitioner is aggrieved. The petitioner wants a direction that the Gazette Notification creating independent Division "Barisal Division" should be declared made without any lawful authority and the name "Bakerganj" in place of "Barisal" is to be inserted therein. 2. In ...... Mahfuzur Rahman J Mizan Howlader...............Petitioner Vs. Bangladesh, represented by the Secretary in the Ministry of Establishment, Government of the People’s Republic of Bangladesh and another...............Respondents Judgment July 12, 1995. Result: The petition is re......e Notification creating independent Division "Barisal Division" should be declared made without any lawful authority and the name "Bakerganj" in place of "Barisal" is to be inserted therein. 2. In order to invoke our jurisdiction under Article 102 the petitioner is to establish that he has a lega..Category: Constitutional Law | Date: | Hits: 247
Abdur Gafur Vs. State, 1995, 24 CLC (HCD)
....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................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 Referred to- Mohammed Ali Vs. State, 35 DLR (AD) 324. ........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 Referred to- Mohammed Ali Vs. State, 35 DLR (AD) 324. Lawyers ..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. ......Haque J Anwar Hossain & others..................Petitioners Vs. State & others.................Opposite Parties Judgment November 23, 1995. Result: The Rule is discharged and the order of stay stands vacated. Lawyers Involved: Mustafa Niaz Mahmud, Advocate ‑ For ...... Anwar Hossain & others..................Petitioners Vs. State & others.................Opposite Parties Judgment November 23, 1995. Result: The Rule is discharged and the order of stay stands vacated. Lawyers Involved: Mustafa Niaz Mahmud, Advocate ‑ For the peti..Category: Procedural Law | Date: | Hits: 109
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....judgment and order dated 08.07.1985 (Annexure D) passed by the respondent No.2, Chairman, Third Labour Court, Dhaka in I.R.O. Case No.10 of 1985 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Shortly stated the relevant facts necesÂsary for the......ginal Jurisdiction) Present: Mustafa Kamal J AM Mahmudur Rahman J M/s. Adamjee Jute Mills Ltd.…………………….....................Petitioner Vs. Chairman, 3rd Labour Court and another.....................Respondent Judgment July 20, 1986. Result: The Rule is ......blic of Bangladesh as restored under the Constitution (Partial Revival) (Second) Order, 1985 read with the Proclamation Order No.1 of 1985 calls upon the respondent to show cause why the judgment and order dated 08.07.1985 (Annexure D) passed by the respondent No.2, Chairman, Third Labour Court, Dha..Category: Procedural Law | Date: | Hits: 180
....ers that the learned Munsif, has acted beyond his jurisdiction in passing a decree for demoliÂtion of the structures raised by the defendants. Consequently the decision surfers from a grave error of law which has resulted in an error in the decision occasioning failure of justice.
5. For apprec......nch)
(Civil Revisional Jurisdiction)
Present:
Bimalendu Bikash Roy Chowdhury J
Bisheswar Dutta beÂing dead his heirs No.1 (a) Bilasmani Datta…………Petitioner
Vs.
Sree Gopal Chandra Dey being dead his heirs No.1 (a) Harendra Chandra Dey & others ……………………â€......zamul Huq, Advocate - For the Opposite Party No.1 (a).
Civil Revision No. 444 of 1970.
(In the matter of an application under section 115 of the Code of Civil Procedure, 1908 for setting aside order dated 21.01.1970, of the Munsif, 1st Court, Patuakhali passed in T.S. No. 56 of 1969.)
Judg..
Category: Property Law | Date: | Hits: 119
Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)
....he abateÂment do not constitute a sufficient cause for setting aside an abatement under Order 22, Rule 9 (2) of the Code of Civil Procedure and as such the learned Munsif has comÂmitted an error of law in allowing the application. Mr. M. Shamsul Alam has, on the other hand, submitted that the lear......while the plaintiffs are the opposite party Nos.1-4. 2. Sometime in 1969 the plaintiffs broÂught the suit in the First Court of Munsif, Patuakhali praying for setting aside of a certificates sale and for confirmation of their joint possession with defendant Nos.3-45 upon allegations that they jo......y No.1. Civil Revision No. 45 of 1984. (In the matter of an application for stay. And in the matter of an application under section 115 of the Code of Civil Procedure, 1908 for setting aside an order of Judgment passed on 23.01.1984 by Munsif, Bauphal Upazila in Misc. Case No.66/83 setting asi..Category: Civil Law | Date: | Hits: 121
....ar, Joint Stock ComÂpanies to accept the return filed by Sylhet Pulp and Paper Mills Ltd., petitioner No.2 of its third annual general meeting held on 30.12.1984 should not be declared to be without lawful authority and why they should not be directed to accept the same.
2. The petitioner No.1 B......987) 1....... (2) of the Companies Act, 1913 in the High Court Division for condonation of delay in holding its First and second annual general meetings and for a direction to hold the same on a suitable date. By order dated 23.11.1983 the High Court Division condoned the said delay and directed a member of the ..
Category: Company Law | Date: | Hits: 306
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....aka GF/P‑32243/92/3004 dated 1.12.92 passed by the Managing Director and Personnel Manager of the Respondent No.1. The Bangladesh Biman Corporation, should not be declared to have been made without lawful authority and is of no legal effect on filing an application under Article 102 of our Constit...... High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Dalia Parveen.................petitioner Vs. Bangladesh Biman Corporation and another...……………….Respondents Judgment July 19 & 20, 1995. Result: ......cates ‑ For the Respondent. Writ Petition No.89 of 1993. Judgment AM Malunudur Rahman J.- The petitioner obtained this Rule from this Court upon the respondents to show cause as to why the order, No.Dhaka GF/P‑32243/92/3004 dated 1.12.92 passed by the Managing Director and Personnel Man..Category: Employment/Service Law | Date: | Hits: 361
....of dismissal. This order is at Annexure‑G to the writ petition.
3. The petitioner challenged the impugned order of dismissal and the subsequent decision of the Board as being illegal and without lawful authority being in violation of Regulation 12 of the Regulations, 1979 and being aggrieved by......reme Court
High Court Division
(Special Original Jurisdiction)
Present:
Naimuddin Ahmed J
Md. Ruhul Amin J
Sheikh Roushan Ali...........Petitioner
Vs.
Board of Intermediate and Secondary Education, Jessore and others..........Respondent
Judgment
August 29, 1995.
......r who happened to be a Professor of Political Science in a college named Kapilmuni College in the District of Khulna the Governing Body which has been made the respondent No.3 in this Petition, by an order passed under the signature of the Principal of the said College under Memo No. 59‑6-139/80â€..
Category: Employment/Service Law | Date: | Hits: 226
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