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Abu Sayeed Sheikh and others Vs. Md. Majibur Rahman and others, 1998, 17 CLC (HCD)
....dants the petitioner cannot be made to suffer for facing a new trial after the suit has been disposed of on merit. If the appellate Court finds that additional evidence is necessary for pronouncing a proper judgment or for any other substantial cause, it has ample power under Order 41 rule 27 of the......the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289.......found that the plaintiff had no cause of action and he failed to prove his title in the suit land. 6. On appeal, the learned District Judge did not find that the impugned judgment suffers from any legal infirmity which justifies interference by the appellate Court. It appears that the learned Dis..Category: Property Law | Date: | Hits: 75
Zenith Packages Ltd. Vs. Member, Labour Appellate Tribunal and others, 1999, 18 CLC (HCD)
....he Rule is discharged with cost of Taka 5,000.00 (five thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284.......ivision (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Mozammel Hossain J Zenith Packages Ltd.………………Petitioner Vs. Member, Labour Appellate Tribunal and others.……………….Respondent Judgment May 24, 1999. Result: The Rule is di......s why judgment and order dated 22-11-98 passed by the respondent No.1 in Interpretation Case No. 30 of 1998 (Annexure-3) should not be declare to have been made without any lawful authority and of no legal effect. 2. After placing the petition and impugned Judgment learned Advocate for the petiti..Category: Labour and Industrial Law | Date: | Hits: 168
Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)
....sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ......d at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ......d for examination of witnesses at that stage petitioner moved this court seeking relief as mentioned herein before. 6. Learned Advocate for the petitioner submits that proceeding in question was illegal since the same was initiated upon a report submitted by an officer not authorised by law. He f..Category: Criminal Law | Date: | Hits: 75
Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)
....ce. 8. No one appears to oppose the Rule. 9. Mr. Halder has placed before me the impugned judgment of the learned Courts below. It appears that the learned Magistrate on detailed discussion and proper appreciation of the evidence on record found that the prosecution proved the guilt of the acc......wer Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278.......revious years the complainant sowed Gabara and Nyatpasha paddy in the case land and it grew well and became ripe for harvest. At about 9-00 AM on 21-11-92 the accused persons by forming an unlawful illegally trespassed into the case land and dishonestly cut and took away the ripe Gabura paddy from t..Category: Criminal Law | Date: | Hits: 73
Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)
....would be masquerading in the society as gentlemen and crimes will go on proliferating making a sad commentary on the administration of criminal justice in the country for the failure of the police to properly record the First Information Report and investigate the case. 7. Learned Advocate appear...... 51 DLR (HCD) (1999) 268. ...... by the witnesses in their evidence at the trial. He further submitted that though defence failed to get any support of its case from the cross-examination of the prosecution witnesses, court below illegally acquitted the accused on the ground of shifting of the place of occurrence. He further submi..Category: Criminal Law | Date: | Hits: 64
State Vs. MA Wahab, Advocate, 1998, 17 CLC (HCD)
....iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257.......drul Huq J State………………Petitioner Vs. MA Wahab, Advocate…………..Opposite Party Judgment April 22, 1998. Result: The Criminal Miscellaneous Case is disposed of and the opposite party is exonerated from the charges brought against him. Lawyers Involved: M......osite party in view of his reply denying the two main allegations and considering the positions held by him in the past and his length of practice as an Advocate who is at the fag end of his life and legal practice. 10. We have considered the allegations made by the learned Judges against the opp..Category: Criminal Law | Date: | Hits: 92
Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)
.... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252....... Attorney-General — For the Respondent. Criminal Appeal No.1820 of 1996. Judgment Kazi Ebadul Hoque J.- This appeal by the convict-appellant Abul Bashar Shaikh is directed against judgment and order dated 5-11-96 passed by the Special Tribunal, Shariatpur in Special Tribunal Case No.8/96 ......igation and submission of charge sheet against the appellant by an officer of Palong PS and producing before the Magistrate Palong PS vitiated the entire proceeding and, as such, his conviction was illegal. He further submitted that seizure list witnesses having not supported prosecution case Specia..Category: Criminal Law | Date: | Hits: 73
....without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248.......ction)
Present:
Mainur Reza Chowdhury J
MA Aziz J
Golam Mostafa Miah (Md.) ……………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Establishment and others …………….Respondents
Judgment
November 4, 1988.
Result:
The Rule is ......exure “I”) arising out of an order contained in notification No.S-IXIE-38/84-515 dated 18-6-84 (Annexure “D”) should not be declared to have been made without lawful authority and to be of no legal effect and why a direction should not be issued upon the respondents to pay all pensionary ben..
Category: Employment/Service Law | Date: | Hits: 73
State Vs. Tota Mia, 1997, 16 CLC (HCD)
....their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244.......sent: Md. Gholam Rabbani J Nurul Islam J State……………Appellant Vs. Tota Mia………………Condemned Prisoner Judgment December 1, 1997. Result: The Jail Appeal and the Criminal Appeal are dismissed with the modification in sentence to the effect that death sen......ind of the confessor. We infer from a question put to Tota that the Magistrate was aware of Iota long detention in the hands of the police. This question was not required to be put normally under the legal procedure. The question put to Tota was that he was bound to make any confessional statement a..Category: Criminal Law | Date: | Hits: 74
Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)
....unt. The petitioner is to adjust the amount which has been paid during the pendency of the case. If the OP fails to repay the petitioner will be at liberty to realise the entire amount by putting the property (schedule) in auction.” 2. The said order was upheld by this court in FMA No.169 of 19......9) 242.......tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242...Category: Criminal Law | Date: | Hits: 73
Nurul Huq Vs. Secretary, Rural Electrification Board and another, 1991, 20 CLC (HCD)
....lowing offences of the mis‑conduct: (i) corruption; (ii) involving himself in any assault case; (iii) theft; (iv) wilful misrepresentation or suppressing of facts leading to the loss of property or causing damage of the image of the Board or of the Govt; (v) involving himself in any...... (Special Original Jurisdiction) Present: Qazi Shafiuddin J Mainur Reza Chowdhury J Nurul Huq…………………………Petitioner Vs. Secretary, Rural Electrification Board and anr……………………………Respondents Judgment December 17, 1991. Result: ...... Rule Nisi was issued calling upon the respondents to show cause why the order of dismissal dated 3.2.87 (Annexure G) should not be declaral to have been made without lawful authority and to be of no legal effect. 2. The petitioner's case is as follows: The petitioner Md. Nurul Huq joined the ..Category: Employment/Service Law | Date: | Hits: 65
State Vs. Sree Ranjit Kumar Pramanik, 1990, 19 CLC (HCD)
.... his behalf and the court accepted his offer. He took us through the FIR and other materials including evidence on record and also the judgment of the learned Sessions Judge and submitted that upon a proper scrutiny of the evidence which had transpired in the case, it ought to be held that there was...... 10, 1991. Result: The reference under section 364 of the Code of Criminal Procedure is rejected. Cases Referred To- Khashru alias Khorshed Vs. State, 35 DLR page 119; State Vs. Arman Ali and others, 42 DLR (AD) at page 50; Aijuddin Matbar Vs. Fagu Matbar, 31 DLR (AD) 101; Ali and others......vidence on record and also the judgment of the learned Sessions Judge and submitted that upon a proper scrutiny of the evidence which had transpired in the case, it ought to be held that there was no legal evidence on record to sustain the conviction. He pointed out that in the absence of eye‑witn..Category: Property Law | Date: | Hits: 69
Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)
....In spite of that Zila Parishad started construction at Gilabari. It further appears that this Zila parishad took sanction from another ministry of the government and started construction which is not proper in view of the fact that Ministry of Local Government and Rural Development and Co‑operativ......ost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......f instituted the present suit for permanent injunction restraining the defendants from constructing the union parishad and community Centre at Gilabari and for declaration of the above letter being illegal and unauthorised. At the time of filing of the suit the plaintiffs filed an application under ..Category: Civil Law | Date: | Hits: 99
Akhtar Hossain Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....hat this distribution of population in the said Gazette Notification dated 20.6.91 is in violation of rule 2(b) of the Declaration & Alteration of Limits of Union Rules, 1983 because there was no proper distribution of population. The petitioner has stated that as per rule 2(1)(b) of the aforesa......n (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abdul Hasib J Akhtar Hossain………………………Petitioner Vs. Government of Bangladesh and others………………………Respondents Judgment December 9, 1991. Result: The ......ith the approval of respondent No.1, Secretary, Ministry of LGRD & Co‑operatives, Secretariat Building, Dhaka should not be declared to have been issued without lawful authority and to be of no legal effect. 2. It has been stated in the petition that the petitioner is the ex‑chairman of t..Category: Election Law | Date: | Hits: 137
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....er passed by the Artha Rin Adalat, we are inclined to act under section 151 of the CPC Code and make that Rule absolute with a direction to the Adalat to return the plaint for presentation before the proper court. In the case of Islami Bank Bangladesh Limited Vs. Al-haj Md. Shafiuddin Howlader and a......me Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Mir Hashmat Ali J Agrani Bank………………………Petitioner Vs. Artha Rin Adalat and others…………..Respondents Judgment March 19, 2003. Result: The writ petition ......he case of Sultana Jute Mills Vs. Agrani Bank held that since the aggrieved party sought relief before the court in revisional jurisdiction challenging the impugned order which on the face of it is illegal it will not he proper to say that High Court has no jurisdiction to set aside the same on the ..Category: Administrative Law | Date: | Hits: 200
Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)
....t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......tar Ali Vs. State, 3 BLC (AD) 53; Bhuboni Safer Vs. the King ILR, 76 India Appeals 147; Lutfun Nahar Begum Vs. State, 27 DLR (AD) 29; Babar Ali Mollah Vs. State, 44 DLR (AD) 10; State Vs. Mukhtar Ali and another, 10 DLR 155; Emran Ali alias Md. Emran and others Vs. State, 37 DLR. Lawyers Involve......se of Babar Ali Mollah Vs. State reported in 44 DLR (AD) 10. 5. Mr. ABM Waliur Rahman Khan, the learned Assistant Attorney-General appearing on behalf of the respondent, submits that there is no illegality in the impugned judgment and order passed by the learned Additional Sessions Judge, Rajshah..Category: Criminal Law | Date: | Hits: 71
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....chalan at the old rate was passed. And the plaintiff was awaiting for the order after due process of the file. The lease order was passed by defendant No. 1 through a section officer of the abandoned property as the suit land was declared abandoned. The government suddenly served a letter dated 25......it be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......o. 144 of 1975 in the court of Subordinate Judge, 3rd court, Dhaka, on 3-9-1975 for declaration that the letter dated 25‑8‑1975 issued by the defendant No. 1 cancelling his lease/allotment was illegal, void, malafide and of no legal effect, for permanent injunction restraining the defendants fr..Category: Property Law | Date: | Hits: 122
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Mozammel Hoque J Mahfuzur Rahman J State…………………Petitioner Vs. Deputy Commissioner, Satkhira and others………………Opposite Parties Judgment December 9, 1992. Result: The Rule...... the offices of the Magistrate Courts. So the detention of the detenu in custody in connection with all the aforesaid criminal cases which have, in the eye of law, no existence at all is absolutely illegal, void ab initio and without jurisdiction. 10. In Kayra PS Case No.1 dated 18 .11 .80 (sessi..Category: Criminal Law | Date: | Hits: 97
Power Grid Company of Bangladesh Ltd. Vs. Rowshon Ara Begum and others, 2011, 40 CLC (AD)
.... under Section 3 of the aforesaid Act, the High Court Division was wrong holding the lands sought to be acquired were vague and unspecified. 13. For that the High Court Division was wrong in not properly appreciating the tenor of the decision reported in 20 DLR (SC) 18." Security of Tk. 1,00......ahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Power Grid Company of Bangladesh Ltd…………………......Petitioner Vs. Rowshon Ara Begum and others…………………………….......Respondents Order June 22, 2011. Result: ......elevant law and that the acquisition in question was in public interest and for public purpose, but opined that the lands acquired having not been specified and demarcated the acquisition was not legal and consequently the High Court Division declared the acquisition in question without any la..Category: Property Law | Date: | Hits: 81
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
....nd respondent No.1 shall file the concise statement within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ...... Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J M/S. Rupanti Enterprise…………..............Petitioner (In both the cases) Vs. Unilever Bangladesh Limited and others………………...Respondents (In both the cases) Order June 23, 2011. Result:...... Black friars, London has authorized the writ-petitioner as the only manufacturer, marketer, distributor and importer of all Unilever products in Bangladesh. No other person or company is, therefore, legally entitled to manufacture, import, distribute and market Unilever products within the territor..Category: Fiscal/Taxation Law | Date: | Hits: 168
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