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Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....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. ......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. ......arty Judgment June 3, 2010. Result: The Rule is discharged. Lawyers Involved: Syed Haider Ali, Advocate - For the Accused-Petitioner. Khandker Modarresh Elahi (Tiru), Assistant Attorney-General - For the State-Opposite Party No.1. Md. Khurshid Alam Khan, Advocate - For the AC...... order of framing of charge against the accused petitioner is liable to be set aside. 11. Ordinarily, criminal proceeding instituted against an accused person must be tried under the provisions of law and the said proceeding should not be generally interfered with at an interlocutory stage. 12..Category: Criminal Law | Date: | Hits: 84
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......notice was actually served on the petitioner. The case of the opposite party No.2 is that after getting the notice, 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 ......lam…………………….Petitioner Vs. State and another……………………Opposite Parties Judgment February 23, 2009. Result: The Rule is made absolute. Cases Referred to- SM Anwar Hossain Vs. Md. Shafiul Alam, 51 DLR (AD) 218; Ali Akkas Vs. Enayet Hossain, 1997 BL...... was actually served upon the petitioner and that the instant proceeding was initiated on 24-7-2007 after expiry of 4 months 20 days from issuance of the said notice which is against the provision of law. 6. He further submits that the second notice was served upon the petitioner on 21-6-2001 and..Category: Civil Law | Date: | Hits: 150
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....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. ...... the petitioner that in the flood of 1987 the project of the petitioner was seriously affected and the embankment of the projects was washed away, as a result the petitioner sustained huge loss, that according to the petitioner’s calculation total loss sustained was at taka 6,14,244.00, that the r...... Ahmed J.- In this Writ petition under Article 102 (2)(a) (ii) of the Constitution the petitioner challenged the legality of an order contained in Memo No.1st 236/84/1112/7 dated 9-8-1988 (Annexure I to the petition) passed by the respondent No.1 purporting to withdrawal of the Dispute Case No.10 of......o.1 in the writ petition issued under the authority of 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 ..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
.... further stated in the petition that on an identical issue in the unreported Writ Petition No.3046 of 1996 the Rule was made absolute by the High Court Division on 25-8-96 by holding that for ends of justice, the bye-election shall remain stayed till the disposal of the election petition. A copy of ......ribunal and the next date is fixed on 7-6-98 for ex parte decision, the election process is still continuing and a vested right of having the election petition decided has accrued to him. This right, according to him, has the Constitutional protection under Article 118(4) of the Constitution and can......Ahmed……………Petitioner Vs. Bangladesh Election Commissioner, and others………………Respondents Judgment May 27, 1998. Result: The Rule is discharged. Cases Referred to- Abu Ala Maudoodi Vs. Misbahul Islam Faruqul, 17 DLR (SC) 209; AIR 1921 (PC) 240; AIR 1955 (SC......tification No. নিফস/পিং/জাঃ সাং-২৯/৯৮ ২০à§à§¨ dated 15-4-98 as contained in Annexure-C to the writ petition should not be declared to have been made without any lawful authority and is of no legal effect and why the said notification should not be cancelled and..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....the continuous service and hence no interference is called for. In the facts and circumstances of the case and for reasons stated above I do not find any illegality or error occasioning failure of justice in the impugned judgment and decree and therefore, I am not inclined to interfere with the s...... fine of Taka 1,00,00.00 in default further Rigorous Imprisonment for 1 year more by its order dated 18-8-82. A copy of the said order was forwarded to the Corporation for taking necessary action and accordingly, the Corporation in its Board meeting took resolution dismissing the plaintiff opposite ......¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Mustafa Hussain & another……………………Opposite-Parties Judgment November 27, 1997. Result: The Rule is discharged. Cases Referred to- Helaluddin Ahmed Vs. Bangladesh, 45 DLR (AD) 1; Manager, Personal Division Vs. Md. Sazaban Mi......ll arrear pay, allowances due and payable to him with costs and also for any other for further relief as the Court may deem fit and proper, contending that the order of dismissal dated 27-9-82 is not lawful in as much as the order of conviction dated 18-8-82 got its finality on 16-11-82 and that the..Category: Employment/Service Law | Date: | Hits: 182
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....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.......rator General may take proper steps 10 apply before this Court for such permission on proper prayers as to when he is advised to do so. 22. With the above direction this application is disposed of accordingly. 23. The Administrator General submits that after the rent receiving interest of this......ed in: 44 DLR (HCD) (1992) 268.......ving interest of the said trust Estate was acquired by the Government during wholesale acquisition along with excess khas land and 100 bighas of khas lands were allotted to the trust Estate under the law and it is stated that out of that 100 bighas most portion comprises barren lands and small khal...Category: Trust/Waqf Law | Date: | Hits: 166
....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.
......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.
......as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
...... September 1,1987, setting aside the order of the respondent No.3 passed on March 30, 1986, refusing to register the Pabna Zila Truck Chalak Union should not be declared to have been made without any lawful authority and is of no legal effect.
2. The opposite party 4, the President and the opposi..
Category: Labour and Industrial Law | Date: | Hits: 171
Rehana Ahmed and others Vs. Nahar Shipping Lines LimÂited, 1990, 19 CLC (HCD)
....es of Modern Company Law" 2nd Edition (1908), page 596. "Winding up is the ultimate remedy of the investor or creditor. If the winding up is by the Court all interests can be sure of even‑handed justice but at a price which may be heavy. Moreover, it is justice according to law, and share‑hol...... up is the ultimate remedy of the investor or creditor. If the winding up is by the Court all interests can be sure of even‑handed justice but at a price which may be heavy. Moreover, it is justice according to law, and share‑holder should only invoke this remedy if satisfied that the legal righ......ross, Chamber Building (4th floor) 87, Motijheel Commercial Area, Dhaka and others ..............Respondent Judgment July 17, 1990. Result: The application is dismissed. Cases Referred to- Mahmudur Rahman Vs. Monipur Tea Company Ltd., 28 DLR 133; ACK Krishpaswami Vs. M/s Stressed C...... “ 6) Mrs. Rehana Ahmed = 900 “ 7) Mrs. Shahana Ahmed = 900 “ 8) Mr. YWA Chowdhury (Son‑in‑law of Respondent No.2) = 250 “ 9. Mr. Fazlul Karim(fami..Category: Company Law | Date: | Hits: 233
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
....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. ......le in all cases in connection with the commencement of proceedings before Magistrates. Section 204 of that Chapter empowers Magistrate to take cognizance of an offence and to issue summons or warrant according to the nature of the offence. In section 205 of that Chapter it is provided; "whenever a M......saulted 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 respondent No.1 also took away Taka 1300/- from the complainant and the respondent No.2 snatched away the complainant's '......ainant-appellant preferred the present appeal. Mr. Nurul Islam Chowdhury, the learned Advocate, appearing for the complainant-appellant, submitted that the learned Magistrate committed an error of law in acquitting the accused-respondents under section 247 of the Code of Criminal Procedure as tha..Category: Procedural Law | Date: | Hits: 85
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
....ation did not allow the petitioner to attend the office from 15.10.87 and also did not pay his salary from the month of October, 1987. On 18.11.87 the petitioner through his lawyer served a demand of justice notice upon the Corporation but the latter did not pay any heed. 3. The respondent-Corpor...... 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. ...... Writ Petition No.169 of 1988. Judgment Nurul Huque Bhuiyan J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondent to show cause as to why the order dated 19.10.87 signed by the Assistant Manager (Personnel) of the ......lls upon the respondent to show cause as to why the order dated 19.10.87 signed by the Assistant Manager (Personnel) of the respondent-Corporation should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner's case is that he was a Manager,..Category: Employment/Service Law | Date: | Hits: 225
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....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. ......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. ......t, Superior Appointment Division, 4, Bangladesh Secretariat, Dhaka and others……………………Respondents Judgment March 23, 1998. Result: The Rule is discharged. Cases Referred to- L Chandra Kumar Vs. Union of India, AIR 1997 (SC) 1125; Sampath Kunzar Vs. Union of India, AI......ed this Rule. 8. The respondent Nos.1-3 and respondent No.4 by filing separate affidavit-in-oppositions denied the material allegations and have stated that no has been taken illegally and without lawful authority. The petitioner has been promoted to the post of Director as per recommendation of ..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ......ase the petitioner sought for a declaration that the election of the returned candidate i.e. respondent No.6 as Chairman of Chanpur Union Prishad is of no legal effect and hence void and the Rule was accordingly issued. 9. Rule 45 of the Union Parishad (Election) Rules, 1983 provides as follows: ......- For the Petitioner. Md. Jainul Abedin, Advocate - For Respondent No.6. Writ Petition No. 4140 of 1992. Judgment M M Ruhul Amin J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned Gazette Notification dated 18-11-92 declaring the respondent No......ishad, within PS Mehendiganj, District Barisal and also the order dated 30-11-92 issued by the respondent No.4 vide memo No.438 to hand over the charge shall not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders passed as to thi..Category: Election Law | Date: | Hits: 154
Abul Kalam Azad (Md.) and others Vs. Md. Kamrul Hasan and others, 1997, 26 CLC (HCD)
....ained the Rule. 2. Mr. Md. Khurshid Alam Khan, the learned Advocate Appearing for the petitioner, submits that the impugned order on the face of the record is illegal and has occasioned failure of justice since the order itself is not a speaking order and no reasoning has been given for rejection...... stay granted at the time of issuance of the Rule is vacated. Let a copy of the order be sent to the Court concerned immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 259. ......r itself is not a speaking order and no reasoning has been given for rejection of the application. The order ex facie is an arbitrary and mechanical order without application of mind and hence liable to be set aside. 3. Mr. Mir Mahfuzur Rahman, the learned Advocate appearing for the plaintiff‑o......rit and with reasons, I am of the opinion that justice would be met if the learned Assistant Judge is directed to hear and dispose of the application for rejection of plaint afresh in accordance with law. 6. In the result the Rule is made absolute without any order as to cost. The learned Assista..Category: Procedural Law | Date: | Hits: 85
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......…………………..Petitioners Vs. Farida Khatun and others………………………Opposite Parties Judgment March 18, 2010. Result: The rule is discharged. Cases Referred to- Serajul Mostafa Vs. Ali Ahmed Sikdar, 33 DLR 168; Munshi Md. Fazlul Haque Vs. Saleh Ahmed, 13......e some property from the legal heirs of SA recorded tenant by kabala dated 22-2-1983 being deed No.1373 of 1983 and in this way while the pre-emptor was owing and possessing her purchased property as lawful owner some other legal heirs of SA recorded tenant transferred some property in favour of the..Category: Procedural Law | Date: | Hits: 88
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....plaint" as given under section 4(1)(h) of the Code and, as such, came to an erroneous conclusion affirming the impugned order of cognizance taken by the Magistrate and thereby perverted the course of justice. Besides, his observation made to the effect that "a GD entry filed by the informant that is......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......………………..Petitioner Vs. State and others………………………………….Opposite Party Judgment July 7, 2010. Result: The Rule is made absolute. Cases Referred to- State Vs. Aynuzzaman, 1987 BLD (AD) 100; Maharashtra State Board Vs. PB Seth, AIR 1984 SC 154......, as a motion, and obtained the instant Rule. 7. The learned Advocate Mr. Md. Mamun Aleem, appearing for the accused petitioner, mainly contends that the Chief Metropolitan Magistrate has erred in law taking cognizance under sections 495/497/109 of the Penal Code against the accused persons upon ..Category: Criminal Law | Date: | Hits: 79
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
.... further failing to take into consideration the prescribed application of section 47 as prescribed under section 60(3) as runs "B"; that there is an error on the face of the record causing failure of justice as it appears in the concluding paragraph of the judgment stating therein that earlier in a ......ection (3) of section 60 of the Ain, 2003 along with the concept of economic justice, equity and equality as envisaged in the preamble of the Constitution read with article 27 thereof. Now we proceed accordingly. 11. Admittedly, the Artha Rin Suit in question was filed on 27-1-2003, that is, more......tazuddin Ahmed J Md. Shamsul Huda J Humayun Hossain Khan.............................Appellant Vs. Bangladesh & others………………………………….Respondent Judgment October 20, 2011. Result: This appeal is disÂmissed. Lawyers Involved: M Amir-ul Islam, S...... was filed on 27-1-2003. Therefore, section 47 of the Ain, 2003 has no manner of application in the suit. The Adalat passed the impugned order rejecting the prayer of the appellant in accordance with law. The writ petition was misconceived one and the Rule was liable to be discharged with cost. 4..Category: Civil Law | Date: | Hits: 138
....
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......
Abdul Aziz having died his heirs; (1) Musammat Masuda Begum and others ..........................Opposite Parties
Judgment
May 2, 1994.
Result:
The Rule is discharged.
Cases Referred to-
Ali Ekabbar Farazi Vs. Government of Bangladesh, 26 DLR 394; Shyamapada Singha and others Vs.......there was no discussion about any hand writing Expert. It was further argued that the agreement was signed on white paper and stamp paper and, therefore, the agreement was not valid in the eye of the law.
8. In support of his submission that the agreement for re‑transfer must be registered he r..
Category: Property Law | Date: | Hits: 78
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
.... 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....... 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.......s also Reported in: 47 DLR (HCD) (1995) 57.......eral ‑ 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 together and..Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port AuthoÂrity Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......bitrators shall select an umpire. It such arbitrators fail to appoint an umpire either party hereto may apply to a competent Court in Bangladesh. Arbitration shall be held in Chittagong and conducted according to the Bangladesh Arbitration Act 1940 and rules thereunder and statuary modifiÂcation th......agong Port AuthoÂrity.............Appellant Vs. Ananda Shipyard and Slipways Ltd.............Respondent Judgment December 14, 2010. Result: The appeal is allowed. Cases Referred to- Associated Engineering Co Vs. Government of Andhra Pradesh, AIR (SC) 232; Hyundai Corporation......Miscellaneous Case before the learned District Judge, Chittagong for setting aside the award unsuccessfully filed the instant first Miscellaneous Appeal, thus the instant appeal is not sustainable in law. He submitted that learned Additional District Judge rightly refused to set aside the award as i..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....ny part to fill up the lacuna by recalling a witness…………………….(10) A Court must discharge its statutory functions whether discretionary or obligatory 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 be......40 of the Code is not to help any part to fill up the lacuna by recalling a witness…………………….(10) A Court must discharge its statutory functions whether discretionary or obligatory according to law in dispensing justice because it is the duty of Court not only to do justice but al......rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); 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 ......e is not to help any part to fill up the lacuna by recalling a witness…………………….(10) A Court must discharge its statutory functions whether discretionary or obligatory according to law in dispensing justice because it is the duty of Court not only to do justice but also to ensure ..Category: Criminal Law | Date: | Hits: 97
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