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Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....e that he had no opportunity of availing of the alternative remedy in section 30 of the Special Powers Act. If and when such a case is made out it will be improper, inequitable and indeed a denial of justice if the door is shut upon the face of the accused person. The High Court Division was wrong i......ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220....... Present: Mahfuzur Rahman J M M Ruhul Amin J Sentu…………………….Petitioner Vs. Government of Bangladesh and others………………………..Respondents Judgment October 27, 1997. Result: The Rule is made absolute Cases Referred To- Neser Ahmed Vs. Ban......entencing to suffer rigorous imprisonment for 10 years and to pay fine of Tk. 1000.00 in default to suffer rigorous imprisonment for one month more should not declared to have been passed without any lawful authority and is of no legal effect. 2. It is stated in the petition that the petitioner i..Category: Criminal Law | Date: | Hits: 63
Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....lty of Medicine Dhaka University under Article 17(2) of Dhaka University Order, 1973 on 14-8-96 (Annexure-’C’). Thereafter, the petitioner sent a letter dated 24-8-96 to the respondents demanding justice but to no avail. 3. Being aggrieved by the appointment of Syed Modassir Ali as the Dean o......e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ......Dr. Professor MA Hadi………………Petitioner Vs. Bangladesh and others…………………Respondents Judgment June 10, 1997. Result: The Rule is discharged. Case Referred to- Controller of Examinations Vs. Mohiuddin, 44 DLR (AD) 305. Lawyers Involved: Md. Latifu......96. Judgment KM Hasan J.- This Rule Nisi was issued calling upon the respondents to show cause why the impugned order as contained in Annexure-C should not be declared to have been made without lawful authority and is of no legal effect. 2. The facts, as stated in the petition, in short, ar..Category: Employment/Service Law | Date: | Hits: 120
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209.......gistered as CPLA No.286 of 1992. On 2-3-94 the Appellate Division granted leave only to hear in respect of back salaries, termination benefits, etc. But leave against re-instatement was dismissed and accordingly, stay allowed earlier against. 5. On 31-3-94 the petitioner, personally submitted the......As per order of this Court dated 29-7-97 the contemner-opposite party No.1 is present in Court in person. 2. This Rule for Contempt of Court was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the proceeding for contempt of Court should not be drawn up against them for......lenging this order of termination dated 31-8-82 the petitioner filed a suit being Title Suit No.697 of 1985 for a declaration that the order of termination dated 31-8-82 was illegal, void and without lawful authority and prayed for re-instatement to the service as Secretary of the BSC with all finan..Category: Others | Date: | Hits: 142
Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)
.... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ...... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ......n J Kafiluddin (Md.)………………..Petitioner Vs. Sukkur Ali Mia……………..Opposite Party Judgment August 20, 1996. Result: The Rule is discharged. Case Referred to- Maksud Ali and another Vs. Eskandar Ali, 28 DLR (AD) 99. Lawyers Involved: Azizul Hoque...... Judgment AM Mahmudur Rahman J.- In this Rule simple question calls for determination as to why the impugned order dated 7-1-92 passed by the learned Senior Assistant Judge, Narsingdi is valid in law or otherwise calls for interference by this Court. 2. The opposite party instituted TS No.159..Category: Civil Law | Date: | Hits: 86
....release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201.......d in plotting strategy and conspiracy one after another to return home and create chaos and confusion and lastly on the 15th August, 1996 they prepared a definite and positive plan to create disorder according to the specially confidential report received from the secret service agencies. It is stat......lute.
Case Referred To-
Abdul Latif Mirza Vs. Government of Bangladesh, 31 DLR (AD) 1.
Lawyers Involved:
Dr. Rafiqur Rahman with Abdul Hamid, Advocates - For the Petitioner.
KS Nabi, Attorney-General, with AFM Shahid, Deputy Attorney-General - For the Respondents.
Writ Petition No.......erred to as detenu), son of Al-haj Akhtaruzzaman, now detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner.
2. Petitioner before us Mrs. Rieta Rahman is the wife ..
Category: Criminal Law | Date: | Hits: 76
Bashir Kha Vs. State, 1998, 27 CLC (HCD)
....s prejudiced due to the defect in the charge, the learned appellate Court should have considered this point but it appears that the appellate Court held that this defect did not occasion a failure of justice. 4. Under section 332 of the Penal Code, an offence is committed when a person causes hur......et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199.......Vs. State…………..Respondent Judgment March 9, 1998. Result: The Rule is made absolute. Lawyers Involved: Not Represented - For the Petitioner. Md. Mustafa, Assistant Attorney-General - For the State. Civil Revision No.3141 of 1991 (Dhaka) Civil Revision No.76 o......r this section whoever enters into or upon property in possession of any other person with intent to commit an offence or intimidate, insult, annoy any person in possession of such property or having lawfully entered, unlawfully remains there with intent to intimidate or insult such person is said t..Category: Criminal Law | Date: | Hits: 58
....d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
......d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
......ional District Magistrate, Chittagong as an appellate authority under the Port Authorities Land and Buildings (Recovery of Possession) Ordinance, 1962 (Ordinance No. IX of 1962), hereinafter referred to as the Ordinance, on an application for review/setting aside the order dated 23-3-1991 made in Po...... application seeking review of its earlier order dated 23-3-1991 dismissing the appeal which was filed against the order of the Authorised Officer passed under section 4(1) of the Ordinance is bad in law and without jurisdiction.
8. Provisions of section 3 of the Ordinance as to serving of notic..
Category: Property Law | Date: | Hits: 103
....Courts below erred in law in dismissing the pre-emption case on mis-reading and non-reading of the material evidence and the same has resulted in error in the impugned decision occasioning failure of justice. Mr. Sobhan further submits that the learned Subordinate Judge as the final Court of fact fa......on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
......site Parties
Judgment
November 5, 1997.
Result:
The Rule is discharged.
The State Acquisition and Tenancy Act, 1950 (Act No. XXVII of 1951); section 96
The period of ignorance as to the sale of a land sought to be pre-empted can not extend to 12 years when the pre-emptee had bee......irmed the impugned judgment and order passed by the trial Court.
5. Mr. Adbdus Sobhan, the learned Advocate appearing for the pre-emptor-petitioners, submits that the learned Courts below erred in law in dismissing the pre-emption case on mis-reading and non-reading of the material evidence and t..
Category: Property Law | Date: | Hits: 78
Ibrahim Khalil Vs. State, 1998, 27 CLC (HCD)
....he Sessions Judge for disposal in accordance with law and in the light of observations made above. Send down the lower records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 192.......he Sessions Judge for disposal in accordance with law and in the light of observations made above. Send down the lower records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 192.......lt: The Rule is made absolute. Case Referred To- Kamelshwar Singh Vs. Dharmandeo Singh, AIR 1957 Patna 375. Lawyers Involved: None appears - The Petitioner. Md. Mustafa, Assistant Attorney-General - For the State. Criminal Revision No. 2205 of 1991 (Dhaka) Criminal Revision ...... case, the admission of appeal by the Sessions Judge-in-Charge was without jurisdiction and, as such, the appeal liable to be sent back to the Sessions Judge, Satkhira for disposal in accordance with law. In the result, the Rule is made absolute. The appeal is sent back to the Sessions Judge for ..Category: Procedural Law | Date: | Hits: 69
....id evidence both oral and documentary by illegally shifting the onus of proof regarding the death of Lakshman Mondal and the same has resulted in error in the impugned decision occasioning failure of justice. Mr. Karmaker further submits that from Exhibit 4 it is evident that the learned SDO Dhaka w......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186.......0 DLR (HCD) (1998) 186.......ded, inter alia, that the recorded tenant Lakshman Mondal left Bangladesh long ago and permanently settled in India as a result of which the suit property has become a vested property by operation of law. It was further contended that since the plaintiff himself took lease of the suit property from ..
Category: Property Law | Date: | Hits: 111
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....ter the dismissal of the suit. 20. The Muslim marriage is a social contract and not a sacrament between a man and a followed by recitation from the Holy Quaran and the relationship based on social justice and adjustment husband and wife. But if these social justice, equality adjustment and tolera......ama. In such circumstances no amount of oral evidence will cure the deficiency and no amount of oral evidence will be sufficient to prove the marriage when the plaintiff failed to prove the Kabinnama according to law. In such circumstances the marriage was not proved which is denied in the pleadings...... dismissing Title Suit No.390 of 1984 for restitution of conjugal right. 2. The opposite party as plaintiff instituted Title Suit No.228 of 1981 in the 2nd Court o Munsif, Chandpur and on transfer to the Court of Munsif, Matlab was renumbered as Title Suit No.390 of 1984 against the defendant-pet......circumstances no amount of oral evidence will cure the deficiency and no amount of oral evidence will be sufficient to prove the marriage when the plaintiff failed to prove the Kabinnama according to law. In such circumstances the marriage was not proved which is denied in the pleadings of the defen..Category: Family Law | Date: | Hits: 185
Saleha Begum Vs. Kamal Hossain, 1997, 26 CLC (HCD)
....ll be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180.......ed in the plaint admitting the marriage birth of the child contending that the petitioner preferred to stay at the house of her father which in the town as the house of the husband was in village and accordingly left his house out of her free will on 16-2-1990 and started residing house of her fathe......eing the suit in part. 2. The petitioner wife as plaintiff filed the aforesaid suit for her prompt dower and maintenance for herself and for her baby son alleging, inter alia, that she was married to the defendant-husband i.e. the opposite party No.1 on 29-5-1988 and after her marriage she used t......fore, not necessary for the child to file a suit for maintenance himself or to become a co-plaintiff with his mother in the present suit. The appellate Court below therefore has committed an error of law affecting the merit of the decision by refusing to award maintenance for the child in the presen..Category: Family Law | Date: | Hits: 152
Abdul Jalil Munshi (Md.) Vs. Returning Officer & others, 1997, 26 CLC (HCD)
....ion is disposed of. Let a copy of this judgment/order be sent to the Returning Officer (respondent No.1) forthwith for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 179. ......ion is disposed of. Let a copy of this judgment/order be sent to the Returning Officer (respondent No.1) forthwith for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 179. ......e Thana Nirbahi Officer dismissed the appeal and affirmed the order of the Returning Officer canceling the nomination paper. 2. It appears from the order dated 5-11-97 as evidenced from Annexure-C to the petition that Sonali Bank, Goalanda Branch by their Office memo dated 5-11-97 informed the Re......been resolved by the Returning Officer or by the Thana Nirbahi Officer. To participate in any election is a fundamental right of a citizen but to deny such right there must be some clear and specific law and a legal notice to the participant that his right of franchise was being curtailed for violat..Category: Election Law | Date: | Hits: 153
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249.......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249.......ion. All that need be stated is that in the Court of Munsif, the plaintiff has divided the suit properties under two schedules land has claimed ownership and possession over both of them. With regard to the first he has sought a declaration of his title but with regard to the 2nd schedule he has pra......re, proceed to consider the question set out earlier. The decision on the point involved requires brief survey of the provisions of the Waqf Ordinance. It was promulgated to consolidate and amend the law relating to the administration and management of the Waqf properties now in Bangladesh, and ..Category: Trust/Waqf Law | Date: | Hits: 136
Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
....mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242.......to consideration of certain facts and not any question of law. No point of law his also been raised before us. In the circumstances we are unable to interfere with the matter and the application is accordingly rejected." 7. A petition for special leave to appeal to the Supreme Court was filed a...... M/S. Jamiluddin Corporation Ltd., Bogra………………………..Respondents (In all the appeals) Judgment February 20, 1979. Result: The appeals are dismissed. Cases Referred to- Commissioner of Income Tax Vs. Jai Frakash Omprakash Co. Ltd, 1964 P.T.D 586 = 52 I.T.R. 23 (......m for commission but "this action is not for business consideration''. 4. The Income Tax Appellate Tribunal considered the assessee's grievance that the inclusion of the disputed amount was bad in law. The Appellate Tribunal noticed that the resolution was passed as early as on 15.7.59 before the..Category: Fiscal/Taxation Law | Date: | Hits: 124
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....uential informant parties are also creating pressure upon them and in view of such facts and circumstances and also considering the life of the petitioner being in danger and for fair dispensation of justice by adducing proper evidence filed the Miscellaneous Cases and those cases should be withdraw......etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197.......sed. Lawyers Involved: Muhammad Jamiruddin Sircar, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Petitioner (In all cases) Momtaz Uddin Fakir, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent (In all cases......is compelled to file the petitions for transfer, but the learned Judges of the High Division upon taking extraneous view discharged the Rules and vacated the order of stay and thus committed error of law. The learned Advocate further submitted that the High Court Division failed to consider that the..Category: Criminal Law | Date: | Hits: 80
....ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
......o) campuses at Rajshahi and Chittagong but till date the concerned respondents did not make any response to the applications of the petitioner. In the affidavit, the petitioner further contended that according to section 3(5) of the বেসরকারী বিশ্ববিদ্যালয় ......r the Petitioners.
Mahmudul Islam, Senior Advocate instructed by Md. Zainul Abedin, Advocate-on-Record- For Respondent No.1.
None represented-For Respondent No.2-3.
Civil Petition for Leave to Appeal No.1923 of 2011.
(From the judgment and order dated the 10th day of May, 2011 passed by....... বিমক/বেঃবিঃ/জি-১৫/৪৩১(২)/০৩/৬৬৮৯ dated 25.10.2009 issued under the signature of the Director, Private University Division to have been issued without lawful authority and also praying for direction upon the respondents to give approval to its outer c..
Category: Others | Date: | Hits: 197
Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)
....il cancellation of the same rests primarily on the discretion of the Court on the facts and circumstances of the each case. The facts, however, must be carefully balanced and weighted in the scale of justice. In the instant case the police forwarding dated 28.03.2011 and remand report dated 05.04.20......dge, Dhaka in Criminal Misc. Case No.3260 of 2011 for a period of 6 months. 12. Before signing of the said order, the learned Attorney General moved the matter for recalling the unsigned order and accordingly, the said matter was listed in the daily cause list of the said Court on 21.07.2011 for ......, 2011. Result: The Petition is dismissed. Lawyers Involved: Anisul Haque, Senior Advocate, Instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner. Mahbubey Alam, Attorney General, Instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondent. Criminal......n could not be proved by independent witnesses and in spite of such materials, the learned Metropolitan Sessions Judge most illegally cancelled the bail of the petitioner without having regard to the law and the decision of the apex Court. 14. He next submitted that the High Court Division also c..Category: Criminal Law | Date: | Hits: 68
Kazi Mohammad Amin Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....on upon correct assessment of the materials on record arrived at a correct decision. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 74. ......that the petitioner was appointed as temporary Nikah Registrar for No. 1 Charati Union under Police Station Satkania, District-Chittagong by the Ministry of Law, Justice and Parliamentary Affairs and accordingly his license as temporary Nikah Registrar of No.1 Charati Union under Police Station Satk......petition is dismissed. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Ferozur Rahman, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1182 of 2004. (From the judgment and order dated 02.05.2004 passed by the High Court......on upon correct assessment of the materials on record arrived at a correct decision. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 74. ..Category: Civil Law | Date: | Hits: 87
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ......CS Dag No.3123 was rightly recorded in the name of Jibonnessa in SA Parcha and the owner of the rest 26 decimals of land having left the country before partition and the said land was never sold and accordingly the same was rightly recorded in the Khas Khatian No.1 and nobody raised any objection...... Rahman, Advocate-on-Record—For Respondent No.1 (In Civil Petition No. 1498 of 2007.) Not represented—Respondent Nos.2-17 (In Civil Petition No. 1498 of 2007.) Syeda Afsar Jahan, Deputy Attorney General, instructed by Zainul Abedin, Advocate-on-Record—For Respondent Nos.1-2 (In Civil P......ent and Order dated 9-11-2006 of the High Court Division passed in Civil Revision No.3747 of 2002 making the Rule absolute. Since the facts of the above cases are more or less similar the question of law involved are also same and both the petitioners are heard together and disposed of by this judgm..Category: Property Law | Date: | Hits: 76
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