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Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)
....nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......quitting the accused petitioner. Thereafter notice was issued to the accused petitioner to appear before the said Tribunal. Subsequently on 18.8.90 petitioner surrendered before the Special Tribunal and prayed for bail, but this prayer for bail was rejected. By another order of the same date the c......cial Tribunal No. II, Bagerhat. 2. Main ground taken in this Rule is that after acquittal of the petitioner on 25.1.89 further proceedings of the case against him is illegal. It appears that an order of acquittal was recorded on 25.1.89 under the signature of Mr. Dabiruddin Shaikh, the then Sp..Category: Criminal Law | Date: | Hits: 73
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
.... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......nal Jurisdiction) Present: Kazi AT Manowaruddin J Sheerin Alam Chowdhury............Petitioner Vs. Captain Shamsul Alam Chowdhury.................Opposite Party (In Criminal Nos. 3451 and 3474 of 1992) Captain Shamsul Alam Chowdhury................Petitioner Vs. Sheerin Ala......rn the garden that he gave you." She agreed and the Prophet said to Sabit: Take the garden and divorce her. According to another version in Bukhari, when she, agreed to return the garden, the Prophet ordered Sabit and he separated her. The other tradition of Habiba, as stated by Imam Malik and Abu D..Category: Family Law | Date: | Hits: 265
....r a period of 30 days from the date of service thereof purportedÂly under section 3(2) of the Special Powers Act, 1974 for allegedly preventing him from endangering public safety, for maintenance of law and order and from causing prejudice to the economic and financial interest of the State. The gr...... No.3 Mr. Shamsur Rahman, Deputy Inspector-General of Prisons, Nazimuddin Road, Dhaka CenÂtral Jail, Dhaka to show cause why he shall not be committed for Contempt of Court for willfully vioÂlating and disregarding the orders of this Court to reÂlease the detenu A.T. Kamruzzaman Syed passed on 16......man, Deputy Inspector-General of Prisons, Nazimuddin Road, Dhaka CenÂtral Jail, Dhaka to show cause why he shall not be committed for Contempt of Court for willfully vioÂlating and disregarding the orders of this Court to reÂlease the detenu A.T. Kamruzzaman Syed passed on 16.2.89 in Criminal Mis..
Category: Criminal Law | Date: | Hits: 124
Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)
....me of his lands by a deed of heba, which is situated in Mouza Jagabandhu within Upazila Ramgati, District Laxmipur to his two daughters. For this purpose he entrusted the defenÂdants and his sons-in-law to help him in this matter and went to Laxmipur Sub-Registry Officers where the defendants in or...... Vs. Mst. Shafia Khatun & others...........................Opposite Parties Judgment April 13, 1989. Result: The Rule is made absolute. Cases Referred to- Nittala Achayya and others Vs. Nittala Yellamma and others, AIR 1923 (Mad) 109; Chellamma Rao BahaÂdur and another ......istrict Laxmipur to his two daughters. For this purpose he entrusted the defenÂdants and his sons-in-law to help him in this matter and went to Laxmipur Sub-Registry Officers where the defendants in orders to grab his properties frauduÂlently and collusively created a deed of Ewaj on 21.11.83 and ..Category: Property Law | Date: | Hits: 136
Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)
....ore) 591. In that case relying upon the decisions reported in AIR 1944 (Lahore) 398, AIR 1955 Punjab 145 and AIR 1945 Bombay 417, it was observed as follows:- "The brief history of the arbitration law which has been given above clearly shows that the words "the date of service of the notice of th......€¦â€¦Petitioner Vs. Bangladash..............................Opposite Party Judgment May 25, 1989. Result: The Rule is discharged with costs. Cases Referred to- Muhammad Shafi and others Vs. MuÂhammad Sabir and others, PLD 1960 (Lahore) 591; AIR 1944 (Lahore) 398; AIR 1955 P......sion No. 657 of 1973. Judgment Md. Mozammel Hoque J.- In this Rule issued under section 115 of the Code of Civil Procedure, the plaintiff-opposite party was directed to show cause as to why the order dated 18.4.73 passed by the learned Subordinate Judge, 4th Court, Dhaka in Title Suit No. 37 o..Category: Procedural Law | Date: | Hits: 93
....t submits that the legal questions raised by the learned Advocate for the apÂpellants are not at all relevant for the purpose of this case.
7. He further submits that on proper consideraÂtion of law and fact the trial Judge has passed the judgment in this case and as such the same need not be i......Reported in: 42 DLR (HCD) (1993) 45.
......gainst the judgment and decree passed by the Subordinate Judge, 4th Court, Dhaka in Money Suit No.25 of 1967.
2. The plaintiff’s case, in brief, is that the plaintiff Bata Shoe Company placed an order with defendant No.1 Mercantile Trading Company for supply of certain quantity of wired glass t..
Category: Business or Commercial Law | Date: | Hits: 325
Syed Alim Mansur Vs. Registrar, Joint Stock CompaÂnies, 1989, 18 CLC (HCD)
.... and sea foods of any nature or type whatsoever whether inÂland, off-shore or in the high seas within the ecoÂnomic zone of Bangladesh and within such permissible limits as may be allowed under the laws of Bangladesh and other applicable International TreatÂies and practices and to carry on the b......e for registration of mortgage property with the Registrar of Joint Stock Companies. 2. The application is not opposed although noÂtices were duly served upon the Registrar Joint Stock Companies and the Company and advertisement of the admission of the application and the date of hearÂing of t......, a Director of the Company, has stated in the petition that the Company entered into a loan agreement on June 24, 1987 with Saudi Bangladesh Industrial and Agricultural Investment Company Limited in order to finance the costs of goods and services required to carry out a project of the Company whic..Category: Company Law | Date: | Hits: 191
Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)
....he Government in the year 1973-74 as the same were vested in Government under P.O.72/72 and P.O. 137/72 and all suits and legal proceedÂings relating to title are barred under the said provisions of law. The withdrawing plaintiffs thought that the prosecution of the title suit would incur unÂneces....... This Case is also Reported in: 42 DLR (1990) 10. ...... P.C. Guha, Advocate-For the Petitioners. No one -For the Opposite Party. Civil Revision No. 655 of 1981. Judgment Qazi Shafi Uddin J.- This Rule is directÂed against the judgment and order dated 4th of April, 1981 passed by the learned Subordinate Judge, Pirojpur in Title suit No.41..Category: Procedural Law | Date: | Hits: 82
....f this Proclamation, make, by order, such provisions as he deems neÂcessary or expedient and every such order shall have effect notwithstanding anything contained in the Constitution or in any other law for the time being in force."
11. It is conceded by the learned Advocate for the petitioner a......Jurisdiction)
Present:
Abdul Matin Khan Chowdhury J
Naimuddin Ahmed J
Mahtabuddin Ahmed.......................Petitioner
Vs.
The Principal Secretary, President's Secretariat, Dhaka and Others......Respondents
Judgment
November 14, 1989.
Result:
The order passed to revi......
Mahtabuddin Ahmed.......................Petitioner
Vs.
The Principal Secretary, President's Secretariat, Dhaka and Others......Respondents
Judgment
November 14, 1989.
Result:
The order passed to review.
Lawyers Involved:
Shamsul Huq Chowdhury with Mahmudul IsÂlam.
Salm..
Category: Employment/Service Law | Date: | Hits: 209
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....hter Hossain, but due to maladjustment Akhter Hossain and his wife Julie left Sirajul Islam’s house and went to Julie’s father’s house. Akhter Hossain and Julie lived there (Aktar’s father-in-law’s house) till the later part of July-2005 A.D. In the meantime, Sirajul Islam to meet his prob...... ......s case against them quite falsely. 9. The learned Bicharak, Druta Bichar Tribunal, Chittagong having heard both the parties and considered the materials on record passed the impugned judgment and order of conviction and sentence dated 19.9.2006 convicting all the above named 8 accused persons un..Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
.... the case……………………..(17) Before passing an order of remand the learned Judge decide the question rose in appeal on the basis of evidence on record in accordance with law. The appellate Court below is competent enough to examine any witness or to take any evidence as......resent: Sheikh Abdul Awal J Hafez Mawlana Humayun Kabir, Director, Hazrat Abu Sidique (Rh) Madrasha, Purba Keroya, Raipur, Laishmipur ................ Defendant-petitioner. Vs. Md. Lokman and others ......................Plaintiff-opposite parties. Judgment March 1, 2012. Resul......accept the documents as evidence filed by the plaintiffs with the plaint of the suit. This does not give right to remand of the case……………………..(17) Before passing an order of remand the learned Judge decide the question rose in appeal on the basis of evidence on rec..Category: Procedural Law | Date: | Hits: 113
Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)
....er dated 4‑10‑95 impliedly dismissing the Miscellaneous Case for non‑payment of costs being an appellate order under Order XLIII and rule 1 (c) of the Code, the learned Assistant Judge erred in law in passing the impugned order dated 9‑10‑95, resulting in failure of justice. 6. No one a...... once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ....... 214 of 1996. Judgment Md. Abdur Razzaque J.-This Rule under section 115(1) of the Code of Civil Procedure (Act V of 1908) at the instance of the defendants-petitioners is directed against the order No.33 dated 9‑10‑95 passed by the learned Assistant Judge, 1st Additional Court, Gaibandha..Category: Procedural Law | Date: | Hits: 94
....sions Judge respondent No.5 acted illegally in according permission and, as such, the impugned memos directing the petitioner to remain present for search of her lockers are mala fide and without any lawful authority......................................(10)
Cases Referred to-
Arab Bangladesh...... the purpose of investigation of offence under sections 403/406/408/409 etc. of the Penal Code as provided in proviso (a) to section 165 CrPC. Since in the impugned Memos no case number was mentioned and no allegation of offence or accusation was disclosed and there is also no mention whether the im......ssued by the respondent No.1 asking the petitioner to remain present in the concerned banks in connection with the inspection of her lockers as evidence by Annexure A to the writ petition and why the order dated 1‑1‑1992 passed by the respondent No.5, the Sessions Judge, Dhaka according permissi..
Category: Criminal Law | Date: | Hits: 305
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
....us the allegation brought against the accused petitioner is purely civil in nature for realization of money and, as such, the instant CrimiÂnal Proceeding is an abuse of the process of the Court and law and the same is liable to be quashed for ends of justice. 9. Mrs. Sakila Rowshan, the learned......ance of the same against the accused petitioner under secÂtion 138 of the Negotiable Instruments Act, 2006 vide its order dated 3-6-2007. 3. The prosecution case, in short is that the complainant and the accused petitioner are busiÂnessmen by profession and due to business purpose, there has be......ing the complainant under section 200 of the Code of Criminal Procedure took cognizance of the same against the accused petitioner under secÂtion 138 of the Negotiable Instruments Act, 2006 vide its order dated 3-6-2007. 3. The prosecution case, in short is that the complainant and the accused p..Category: Criminal Law | Date: | Hits: 94
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....it Petition No.1151 of 2011. Judgment Md. Ashfaqul Islam J.- These Writ petitions are taken up together for hearing and disposed of by a single judgment as there involved a common quesÂtion of law and fact. 2. In all the petitions, notice under section 93 of the Income Tax Ordinance, 1984 ......rt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Abu Hena Mostafa Kamal & another…………………Petitioners Vs. Bangladesh and others…………………Respondents Judgment January 27, 2011. Result: The Rules ......t the learned counsel further submits that a return submitted under section 82BB of the Ordinance can only be dealt with in terms of the provision of sub-section (3) of the said section. The impugned order under section 93 of the Ordinance cannot in any way reopen any return submitted under section ..Category: Fiscal/Taxation Law | Date: | Hits: 167
AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)
....dent No.1 suspending the petitioner from the post of Sanchaya Officer under Rule 11 (1) of the Government Servants (Discipline and Appeal) Rules, 1985 should not be declared to have been made without lawful authority and of no legal effect. 2. Facts necessary to dispose of this Rule, in brief, is......nt: SAN Mominur Rahman J Md. Arayesuddin J AFM Hamidul Hoque...…………………………………………………………..Petitioner Vs. Director, National Savings Directorate and others……………….Respondents Judgment July 28, 2002. Result: The Rule is dis......vice and the criminal case was tried by the Divisional Special Judge, Rajshahi on 30‑1‑2000. In that case petitioner was acquitted and filed petition to the respondents to withdraw the suspension order and to reinstate him in service. But the respondents without paying any heed to his prayer sta..Category: Employment/Service Law | Date: | Hits: 147
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....yer was not for issuing any Rule calling upon respondent No.1 to show cause, why the censorship certificate issued for screening the film 'Hason Raja' should not be declared to have been done without lawful authority and to be of no legal effect. Instead the prayer was couched in the following langu......be suspended till hearing of the Rule as prayed for. Release of the film was stayed for 4 (four) weeks by order dated 14‑12‑2002. 2. On a reference to the prayer we have noticed a very unusual and curious phenomenon i.e. prayer (A) was couched/made in the manner as follows: "A) Issue a Rul...... the certificate issued by him for release/exhibition of the film ‘Hason Raja’ should not be suspended till hearing of the Rule as prayed for. Release of the film was stayed for 4 (four) weeks by order dated 14‑12‑2002. 2. On a reference to the prayer we have noticed a very unusual and cu..Category: Civil Law | Date: | Hits: 210
Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
....ossession under section 9 of the Specific Relief Act, notwithstanding any other title that may be set up in such a suit, the person dispossessed without the consent or otherwise than in due course of law, can claim for recovery of the possession. 11. It appears in the present case that the claim ......CD) (2008) 279. ......hy the impugned Judgmentand decree dated 25-8-2004 passed by thelearned Senior Assistant Judge, Nasirnagar, Brahmanbariain Title Suit No.16 of 2003 should not beset aside and or such other or further order or orderspassed as to this Court may seem fit and proper. 2. The petitioner as plaintiff in..Category: Property Law | Date: | Hits: 121
Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)
....Case No.75 of 2004 detaining the petitioner in Civil Prison for a period of six months and issuing warrant of arrest (Annexure-D to the writ petition) should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that the resp...... Court High Court Division (Special Original Jurisdiction) Present: Zinat Ara J SM Ziaul Karim J Nitai Kumar Mondol………………..Petitioner Vs. Judge, Artha Rin Adalat, and another………………..Respondents Judgment November 20, 2008. Result: The Rule ......stitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why insertion of section 34 in the Artha Rin Adalat Ain, 2003 (briefly as Ain 2003) and the impugned order No.22 dated 9-8-2006 passed by the respondent No.1, in Money Execution Case No.75 of 2004 deta..Category: Civil Law | Date: | Hits: 140
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....da Chowdhury……………………..Accused-Petitioner Vs. State……………………Opposite Parties Judgment March 24, 2010. Result: The rule is made absolute. A Court of law cannot proceed judicially on a bare statement made by such police officer to the effect that a p......okanuddin Mahmud, Senior Advocate with Mohammad Mutahar Hossain, Advocate - For the Accused-Petitioner. Md. Motahar Hossain, Deputy Attorney-General with Mahbub-ul-Alam, Assistant Attorney-General and Md. Bashir Ullah, Assistant Attorney-General - For the State. Md. Khurshid Alam Khan, Advocat......out of GR No.80of 2002 corresponding to Motijheel PS CaseNo.1(8)2002 dated 1-8-2002, now pending in the Court of Divisional Special Judge, Dhaka should notbe quashed and/or pass such other or further order ororders as to this Court may seem fit and proper. 2. The facts relevant for disposal of th..Category: Criminal Law | Date: | Hits: 137
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