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Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
.... the learned Advocate appearing for the petitioner, has raised a number of points and submitted that the learned Munsif has by setting aside the authorised officer's order committed serious errors of law which have resulted in erroneous decision occasioning failure of justice. His first contention i......t DM Ansaruddin Ahmed J.- This Rule issued on an application under section 115 (1) of the Code of Civil Procedure at the instance of the respondent Rahima Begum is directed against the judgment and order passed on 8‑3‑84 by Mr. Mofizul Islam, Munsif, Upazila Sreepur, District Dhaka in Misc...... DM Ansaruddin Ahmed J.- This Rule issued on an application under section 115 (1) of the Code of Civil Procedure at the instance of the respondent Rahima Begum is directed against the judgment and order passed on 8‑3‑84 by Mr. Mofizul Islam, Munsif, Upazila Sreepur, District Dhaka in Misc. Ap..Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
....the Gazette Notification made by respondent No.2 declaring the respondent No.1 as the Chairman of the said union parishad as contained in Annexure 'F' should not be declared to have been made without lawful authority and to be of no legal effect. 2. Facts of the case are that the petitioner in hi...... (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Abu Taher Miah....................................Petitioner Vs. Farazuddin Sarker and others.........................................Respondents Judgment June 13, 1989. Resu......tstanding in the name of the respondent No.1. 5. The respondent No.1 has filed an affidavit-in-opposition denying the material allegation made in the writ petition. He has annexed the judgment and order passed by the Assistant Judge and Election Tribunal Gobindaganj in Election Tribunal Case No.1..Category: Election Law | Date: | Hits: 216
.... our Constitution contained in Part VI, Chapter III deals with Administrative Tribunals. Article 117 is as follows:-
"117. (1) Notwithstanding anything herein before contained, Parliament may by law establish one or more administrative tribunals to exercise jurisdiction in respect of matters ......ecial Original Jurisdiction)
Present:
Mustafa Kamal J
Md. Mozammel Hoque J
Saifur Rahman..................Petitioner
Vs.
Bangladesh through the Secretary, Ministry of Agriculture and others...............Respondents
Judgment
June 12, 1989.
Result:
The Rule is dischar.......Petitioner
Vs.
Bangladesh through the Secretary, Ministry of Agriculture and others...............Respondents
Judgment
June 12, 1989.
Result:
The Rule is discharged without any order as to costs.
Lawyers Involved:
Khondker Mahbubuddin Ahmed with Fida M. Kamal, Advocates ..
Category: Administrative Law | Date: | Hits: 445
Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
....of Directors as stated in paragraph 7 of the petition refers to the Hon'ble High Court's decision in the case reported in 39 DLR 1987, 1. Referring to that decision Mr. Zakir Ahmed has submitted that law in this regard has been spelt out by the Division Bench of this Court in the case of Bangladesh ......amp; Others ..................................Respondents Judgment May 3, 1989. Result: The application is dismissed. Case Referred to- Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companies and another, 39 DLR 1987, 1. Lawyers Involved: ......not holding so. The said delay was condoned in Matter No.11 of 1985 and the Court was pleased to grant permission to the Company to hold the said meetings within two months from the drawing up of the order. It was further ordered that during the General Meeting they would appoint an Auditor for audi..Category: Business or Commercial Law | Date: | Hits: 352
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
.... in fact gave no reason as to why Ibrahim should be convicted and therefore, this order of conviction and sentence need be interfered with for the ends of justice as it cannot stand the scrutiny of law. 6. Heard the learned Advocate and examined the documents and the evidence on record. It appe......or the State. Criminal Appeal No.137 of 1986. Judgment Anwarul Hoque Choudhury J.- This appeal by the convicted appellant Kazi Ibrahim alias Ibrahim Kazi is directed against the judgment and order dated 19.5.86 passed by the Special Judge, in Special Tribunal Case No.30 of 1984 convic......he State. Criminal Appeal No.137 of 1986. Judgment Anwarul Hoque Choudhury J.- This appeal by the convicted appellant Kazi Ibrahim alias Ibrahim Kazi is directed against the judgment and order dated 19.5.86 passed by the Special Judge, in Special Tribunal Case No.30 of 1984 convicting..Category: Criminal Law | Date: | Hits: 97
....o why they should not be directed to bring the detenu Shah Alam Chowdhury now being detained in Dhaka Central Jail before this Court to satisfy itself that he is not being held in custody without any lawful authority.
2. The case of the petitioner is that, the petitioner is the wife of the dete...... AIR 1974 (SC) 1161; 40 DLR 193(High Court); 20 DLR 1968 1005; A.K.M. Shamsuddin Vs. Government of Bangladesh, 28 DLR 1976 117; 40 DLR (AD) 178; Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others.
Lawyers Involved:
Mainul Hosein with Joynal Abedin, Advocates - For Petitioner.
......gladesh Penal Code for the alleged murder of one Nuru Miah Chowdhury @ Bacchu a businessman of Narayanganj. While the detenu was in custody in connection with the aforesaid murder case, his detention order was passed on 19.7.88 by the Additional District Magistrate, Dhaka under Section 3(2) of the..
Category: Criminal Law | Date: | Hits: 100
.... in the service of the Republic:
Provided that no application in respect of an order, decision or action which can be set aside, varied or modified by a higher administrative authority under any law for the time being in force relating to the terms and conditions of the service of the Republic ......ilding Finance Corporation.
2. The facts of the case, in short, are that the Respondent No.2 had been serving as an employee under the petitioner, the Bangladesh House Building Finance Corporation and that he was posted at the Dhaka Office of the said Corporation. The Petitioner transferred the R...... Advocate - For Respondent No.2.
Writ Petition No. 1632 of 1988.
Judgment
Naimuddin Ahmed J.- This Rule was obtained on an application under Article 102 of the Constitution challenging an order passed by Mr. Nazrul Islam Khan, Chairman 1st Labour Court, Dhaka, on 3.11.88 in I.R.O. Case N..
Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
....udgment and decree passed by Mr. M.A. Rahman, District Judge, Kushtia on 27.4.81 & 29.4.81 respectively and sent back the case on remand to that appellate Court for rehearing in accordance with law in the light of evidence already on record and observation made therein. The teamed District Jud...... Kharshed Ahamed & others.............................Respondents Judgment September 2, 1984. Result: The application for revision is allowed. Cases Referred to- Seth Nanhelal and another Vs. Umrao Singh and another, 35 CWN 381 (387); Jyotish Chandra Chakraborty Vs. Hem Cha......pondent (In First Miscellaneous Appeal No. 12 of 1983). First Miscellaneous Appeal Nos. 12 & 15 of 1983. Judgment MS Ali J.- These two Miscellaneous Appeals are directed against the same order of remand for retrial, dated 15-8-83 passed by Mr. S.B. Haque, District Judge, Kushtia in Titl..Category: Property Law | Date: | Hits: 115
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
.... that for want of notice under section 109 of the Chittagong Port Act, 1914 the suit was barred against the defendant No.3 the Trustee of the Port of Chittagong and the lower appellate Court erred in law in decreeing the suit against the defendant No.3, the appellant. He further contends that there ......ents Judgment January 31, 1989. Result: The appeal is allowed. Cases Referred to- Trustees of Chittagong Port Vs. Sadharan Bima, 32 DLR 99; Chittagong Port Authority Vs. Md. Ishaque and others, 35 DLR (AD) 364. Lawyers Involved: M. Fazlul Karim, Advocate - For the appellant. ......elivered." 12. For the reasons stated above, I allow this appeal and set aside the judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ..Category: Business or Commercial Law | Date: | Hits: 397
....xure E) and the decision dated 24.3.86 arrived at by the respondent No.2 the Deputy Commissioner, Kishoregonj in L.A. Case No.32/81-82 (Annexure F) shall not be declared to have been made without any lawful authority and to be of no legal effect.
2. The father of the petitioners was owner in poss......respondents to show cause as to why the order dated 16.12.85 passed by the respondent No.1 the Additional Commissioner, Dhaka Division, Dhaka in L.A. Miscellaneous Petition No.38 of 1985 (Annexure E) and the decision dated 24.3.86 arrived at by the respondent No.2 the Deputy Commissioner, Kishoregon......9 of 1986.
Judgment
Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the order dated 16.12.85 passed by the respondent No.1 the Additional Commissioner, Dhaka Division, Dhak..
Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)
....risdiction on this Court to give a finding of fact on a matter which is basically an election dispute and on which a finding can be arrived at only after taking evidence by a special forum created by law to adjudicate upon disputes of this kind. We, therefore, cannot give any opinion or finding as t...... Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Chowdhury J Abdus Salam.............................Petitioner Vs. The Chief Election Commissioner and others...............................Respondents Judgment March 15, 1989. Result: Th...... within the ambit of our jurisdiction to give any finding in the matter. We, therefore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ..Category: Election Law | Date: | Hits: 215
....2-1-89 in Case No.774 (Ka-446 Mirpur 1 & 2 Section) and Case No.574 (Ka-446 Mirpur 1 & 2 section) of 1987 passed by respondent No.1 Annexure-A should not be declared to have been made without lawful authority and is of no legal effect.
2. The Government of the People’s Republic of Ba......ion)
Present:
Md. Fazlul Karim J
Md. Tafazzul Islam J
Secretary, Ministry of Public Works…………..Petitioner
Vs.
Court of Settlement (1st Court) Bangladesh Abandoned Buildings…………Respondents
Judgment
March 26, 1998.
Result:
Th......Respondent Nos.2(1) to 2(5).
Writ Petition No. 2458 of 1995.
Judgment
Mohammad Fazlul Karim J.- This Rule was issued calling upon the respondent to show cause as to why the impugned order dated 12-1-89 in Case No.774 (Ka-446 Mirpur 1 & 2 Section) and Case No.574 (Ka-446 Mirpur ..
Category: Property Law | Date: | Hits: 102
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
.... notice being not given with reference to Bengali calendar month and also being not issued terminating the tenancy with the expiry of Bengali month the said notice is not a valid notice in the eye of law and, as such, in the absence of valid notice, the plaintiff was not entitled to get a decree of ......(1999) 393. ......d Munsif framed an issue on the point but the learned Munsif came to a finding against the plaintiff on another issue and did not determine this issue. In appeal the learned District Judge upheld the order of the learned Munsif. The case reaching the High Court discussed the facts and found that the..Category: Property Law | Date: | Hits: 101
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
.... direction for restoration of possession of the suit property in favour of the judgment debtors in the case where the petitioners obtained the decree after much hardships. It is argued by the learned lawyer of the petitioners that Other Execution Case No.70 of 1964 is not barred by limitation and in......9) 390. ......r Rahman with Serajur Rahman, Advocates — For the Opposite Parties. Civil Revision No. 2849 of 1992. Judgment Md. Iftikhar Rasool J.- This Rule is directed against the judgment and order dated 26-10-92 passed by the Senior Assistant Judge, Cox’s Bazar in Other Execution Case No...Category: Property Law | Date: | Hits: 94
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....02 of the Penal Code against the appellant and proceeded with trial in absentia, as the appellant was found absent from the very initiation of the case. The trial Court also appointed a State defense lawyer to defend the accused in trial. In order to prove its case, the prosecution examined as many ......ya………………………Appellant Vs. The State…………………………Respondent Judgment February 26, 2012. Result: The criminal appeal is dismissed with the alteration and modification. Lawyers Involved: Z. I. Khan Panna with Md. Nurul Islam, Advocates - For the......llant. Mrs. Syeda Rabia Begum, Assistant Attorney General - For the Respondent. Criminal Appeal No. 372 of 2004. Judgment Md. Ruhul Quddus J.- This appeal is directed against judgment and order dated 18.6.2002 passed by the Additional Sessions Judge, Cox’s Bazar in Session Trial Case N..Category: Criminal Law | Date: | Hits: 102
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....e the note unless there was a contract between the two appellants. It also indicates that they were having knowledge of the forged or counterfeit note. But it is the established principle of criminal law that to award punishment upon a person, law must be construed strictly and the charge brought ag......- For respondent (In both the appeals). Criminal Appeal No.1046 of 1996 with Criminal Appeal No.25 of 1997. Judgment Md. Ruhul Quddus J.- These Criminal Appeals are directed against judgment and order dated 24.6.1996 passed by the Sessions Judge, Munshiganj in Session Case No.1 of 1994 conv......r respondent (In both the appeals). Criminal Appeal No.1046 of 1996 with Criminal Appeal No.25 of 1997. Judgment Md. Ruhul Quddus J.- These Criminal Appeals are directed against judgment and order dated 24.6.1996 passed by the Sessions Judge, Munshiganj in Session Case No.1 of 1994 convicti..Category: Criminal Law | Date: | Hits: 111
....and 31 of the Constitution, is unconstitutional. It is stated that the amending Ordinance, 1989 is a mala fide piece of legislation, because there was/is neither any popular demand nor any warrant in law to promulgate it in haste on 14.12.89 when the winter session of the Parliament was expected t......ers...............Respondents
Judgment
February 17, 1990.
Result:
The Rule was made returnable.
Cases Referred to-
AIR 1951 (SC) 41, Charanjit Lal Chowdhury Vs. The Union of India and others; AIR 1952 (SC) 75, The State of West Bengal Vs. Anwar Ali Sarker and another; AIR 1963 (S......ssessed the income-tax against such Corporation, who in reality acted as an agent for the principal, but their Lordships of the Privy Council set aside that finding of the High Court and restored the order of the Commissioner of Income-tax, holding that because of deeming clause in section 43 he is ..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
....d Commercial Court No.1, Dhaka had no jurisdiction to entertain the certified copy of the decree in question. So the learned Subordinate Judge and Commercial Court No.1, Dhaka committed no error of law in passing the impugned order. In this connection Mr. Kh. Mahbubuddin Ahmed, the learned Advocat......ur Rahman...........................Opposite Party Judgment February 11, 1990. Result: The rule is discharged. Cases Referred to- Indian General Investment Trust Ltd. Vs. Sri Ramchandra Mardaraja Doo, Raja of Khalikote, AIR 1952 (Cat) 508. Lawyers Involved: Asrarul Hossain......9. Judgment ARM Amirul Islam Chowdhury J. - This revisional application under section 115 of the Code of Civil Procedure at the instance of the decree holder Sonali Bank is directed against the order dated 22.4.89 passed by Mr. Tapan Kumar Rudra, Subordinate Judge & Commercial Court No.1, ..Category: Procedural Law | Date: | Hits: 168
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....শিম/শাঃ/৫-বি-6/2005/244 dated 4-6-2009 ( Annexure A) issued by respondents No.6 and impugned letter dated 13-4-2009 (Annexure-A-1) should not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to......eported in: 62 DLR (HCD) (2010) 458.......ssued by respondents No.6 and impugned letter dated 13-4-2009 (Annexure-A-1) should not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to the this court may seen fit and proper. 2. The relevant facts which ..Category: Administrative Law | Date: | Hits: 421
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....entary affidavits filed in both the writ petitions be formed part of the main petitions. 2. Both the writ petitions are taken up together and disposed of by a single Judgment as common question of law is involved in both the writ petitions. 3. In writ petition No.8362 of 2009 and writ petition...... Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Azam-e-Sadat (Md.)……………………Petitioner Vs. Bangladesh and others……………………Respondents Judgment August 12, 2010. Result: Both the......eous cases preferred under section 561A of the code of Criminal Procedure are quite premature and so the high court Division should not enter into the first information report and the charge sheet in order to appreciate whether the facts alleged therein constitute any offence or not.” (underlined ..Category: Criminal Law | Date: | Hits: 89
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