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Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....nder the Safety Act and why the detenu should be informed of all the evidence and the circumstances on which the charge against him is based. It may be that some circumstances are such that it is not proper in the public interest to disclose them. There is a provision in law with respect to it and t......ndu Bikash Roy Chowdhury J Naimuddin Ahmed J Farzana Huq.........................................Petitioner Vs. Bangladesh represented by the Assistant Secretary, Ministry of Home Affairs and others.....Respondents. Judgment April 3, 1990. Cases Referred to- Golam Hossain al......riod of detention until further order. The petitioner again moved a Writ Petition being No. 1651 of 1988 and a Division Bench of this Court; by an order dated 25.1.89 again held the detention to be illegal and directed the respondents to set the detenu at liberty forthwith and also to report complia..Category: Constitutional Law | Date: | Hits: 287
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Ahmed Kabir..........................................Petitioner Vs. Haji Mazahar Ahmed and others...............Opposite Parties. Judgment July 25, 1990. Cases Referred to- K......e 11 of Order 7 of the Code of Civil Procedure. The contention is of substance. Now, it remains for me to decide as to whether, in this case in view of the facts and circumstances, the Court is under legal obligation to make any enquiry under section 8(c) of the Court Fees Act to ascertain ad determ..Category: Procedural Law | Date: | Hits: 83
Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)
....ioner did not liquidate the arrear and the outstanding debt with interest amounted Tk. 668118/‑, as on 9.5.83. Hence the suit for realisation of the arrear dues amicably, or by sale of the Mortgage property. 3. The defendant‑petitioner contested the suit by filing a written statement. 4. B......nal Jurisdiction) Present: Mohammad Ismailuddin Sarker J Md. Badruzzaman J Mozammel Haque...........................................................Petitioner Vs. Uttara Bank, Bangabandhu Avenue Branch, Dhaka.............Opposite Party. Judgment August 30, 1990. Lawyers In......Bank to sanction House Building loan to the petitioner by way of overdraft limit which was initially for Tk. 100000/‑ but subsequently raised to Tk. 300000/‑, that in spite of several letters and legal notice the petitioner did not liquidate the arrear and the outstanding debt with interest amou..Category: Property Law | Date: | Hits: 90
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....ge, Rangpur in Title Appeal No. 54 of 1966 reversing those dated 9.2.66 passed by the learned Munsif, 1st Court, Rangpur. 2. Plaintiffs case, in short, is that the land hereinafter called the suit property covered by Khatian No. 14 (Ext. 2) of Mouza Marichbari within PS Mithapukur originally belo......peditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492.......ned was void ab. initio, that the plaintiff never possessed any portion of the suit property, that the kabala purported to have been executed by Nasiruddin, father of the defendant Nos. 2‑4 was not legally valid, because the alleged executant was a lunatic and that advantage was taken for wrongful..Category: Property Law | Date: | Hits: 71
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
....rate by the name of the Investment Corporation of Bangladesh for a perpetual succession and a common seal, with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of any property and shall, by the said name, sue and be sued. Section 21(12) provides that it can be a memb......recting the respondent‑company for the rectification of the Share Register of the Members of the company by inserting the name of the petitioner‑corporation in the said register as share‑holder and owner of 11,200 shares after issuing and delivering the Share Certificates in favour of the peti......arned Advocate appearing for the petitioner, submits that the petitioner‑corporation is entitled to purchase such allotment of shares on renunciation from the individual‑allottees and there is no legal bar to purchase such allotment of shares. Mr. Hoque submits that the petitioner‑corporation ..Category: Company Law | Date: | Hits: 208
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....event the affairs of any banking company being conducted in a manner detrimental to the interests of the depositors or in a manner prejudicial to the interests of the banking company or to secure the proper management of any banking company generally". The language of the provision clearly suggests ......rted in: 43 DLR (1991) 483. ......isallowing further drawing from the Cash Credit Account of the petitioner Company with the said bank from 1st July, 1987 should not be declared to have been made without lawful authority and is of no legal effect. 2. Petitioner No. 1 Company is a public limited Company incorporated under the Comp..Category: Company Law | Date: | Hits: 213
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ......…Appellant Vs. State……………………Respondent Judgment March 10, 1993. Result: The appeal is dismissed. Lawyers Involved: MA Malek with M Itnan Ali, Lutfa Ara Begum and AKM Asaduzzaman, Advocates ‑ For the Appellant SB Barua, Advocate ‑ For the State. Cri......ntally proceeded with, but cannot be guilty of the alleged offence. He finally submitted that the sentence of imprisonment for life is too harsh and imposition of fine with imprisonment for life is illegal. 6. Mr. SB Barua, learned Advocate appearing for the State, in reply submitted that the ill..Category: Criminal Law | Date: | Hits: 91
Aminuzzaman (Md.) Vs. People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....Police Station Case No. 87(1)93 under sections and 9 of Official Secrets Act, 1923 has been stated against the detenu. 9. It is now an established that the allegations out of which started are not proper grounds for detention. 10. In the said ground No.1 it is also that the activities of the d...... Karim J Aminuzzaman (Md.)………………………….Petitioner Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others…………………………Respondents Judgment March 31, 1993. Lawyers Involv......rea, PS Danmondi, Dhaka, now being detained in Dhaka Central Jail at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 242. ..Category: Criminal Law | Date: | Hits: 85
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....d recorded their names fraudulently in the SA Khatian". It is also stated in the affidavit‑in-opposition that "all attempts made by the District Authority to evict the petitioners from Government properties were met with failure because of false claims made by the petitioners in different courts......ase is also Reported in: 45 DLR (HCD) (1993) 237. ......847, 1886 and 1806 within mouza Boyra, JL No.12 situate of Joragate under Upazila Doulatpur in Khulna Town on 28.2.83 should not be declared to have been made without lawful authority and to be of no legal effect and why the respondent No.1 shall not be directed to restore the petitioners the posses..Category: Property Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
.... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ......C (2011) 271. ......ntinuity of service and treating the period of absence from duly as on leave without pay"', that thereupon the Government by the impugned order dated 23.01.1994 reinstated him in service although illegally directing in paragraph No.3 thereof that the period of his absence would be treated as on ..Category: Administrative Law | Date: | Hits: 160
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ......ed in: 45 DLR (HCD) (1993) 233. ......85 in IRO Case No.6 of 1985 and the proceeding of the Criminal Case No.21 of 1985 of the said Court and its order No.8 dated 21.11.85 have been passed and taken without lawful authority and are of no legal effect. 2. This Rule arises, in short, out of the following circumstances: Respondents ..Category: Labour and Industrial Law | Date: | Hits: 129
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
....er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ......igh Court Division (Special Original Jurisdiction) Present: Anwarul Hoque Choudhury J KM Hasan J Abdul Matin Sarker...........................Petitioner Vs. Election Commission and others……………………..…..Respondents Judgment January 28, 1993. Case Referr......3. Judgment Anwarul Hoque Choudhury J.- This Rule arises out of an application under Article 102 of the Constitution of the People's Republic of Bangladesh and is directed against the alleged illegality of the acceptance of the nomination paper of Abdul Hayat Sarker, respondent No.4 for the po..Category: Election Law | Date: | Hits: 126
Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)
.... for disposal of this Rule are: the petitioner along with others inherited 0.145 acres of land appertaining to plot No.196 (Part) 212 (Part) of CS Khatian No.361 of Mouza natun Paltan including other properties of one Abdur Rahim. The petitioner’s brothers and his other co-sharers of e said land c...... High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Chowdhury J Surat Ali (Md)……………..Petitioner Vs. Administrator of Waqfs and others……………….Respondent Judgment April 30, 1991. Lawyers Involved: Abdul...... the respondent No.2 directing the Secretary of the said Mosque to hand over charge of k mosque to the said Committee should not be declared to have been passed without lawful authority and are of no legal effect. 2. The Respondent No.2 Dhaka Municipal Corporation resists this Rule by filing an A..Category: Trust/Waqf Law | Date: | Hits: 183
Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)
....C. does not contemplate such an action with regard to the commodities in respect of which no offence is committed and which was not produced before the Court. Section 516A Cr.P.C. reads: "When any property regarding which any offence appears to have been committed, or which appears to have been u....... Judgment AM Mahmudur Rahman J.- This rule is directed against the order dated 23.8.87 passed by the Sessions Judge, Narayanganj in Criminal Revision Case 83 of 1987 setting aside the judgment and order of the Upazila Magistrate, Narayanganj in CR case No.190 of 1987 (Narayanganj PS Case No.1......odown by the Investigating Officer and to deposit the sale proceeds in the Courts account. 5. Mr. Mahfuzur Rahman appearing in support of the Rule contended that the learned Sessions Judge acted illegally in making the order directing the sale of those commodities and to deposit the sale price th..Category: Criminal Law | Date: | Hits: 64
Siddique (Md) Vs. State, 1992, 31 CLC (HCD)
....1.7.91 calling upon the Deputy Commissioner, Thakurgaon to show cause as to, by the appeal be not admitted for hearing and pass such order or further order or orders as to this Court may seem fit and proper. 2. The accused petitioner along with another ere convicted under section 25B and D of the......e State. Criminal Revision No.1325(R) of 1991. Judgment Habibur Rahman Khan J.- This is an application with a prayer for a direction for registering the appeal as being preferred within time and a Rule was issued by this Court on 1.7.91 calling upon the Deputy Commissioner, Thakurgaon to sh......e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ..Category: Criminal Law | Date: | Hits: 68
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
....erted that these were duly and legally served. Under Rule 4 of the Acquisition of Immovable Property Rules, 1982 such notices are to be served by affixing the same at convenient places on or near the property sought to be acquired displaying copies of such notices on the notice boards of some specif......s Case is also Reported in: 45 DLR (HCD) (1993) 207. ......Deputy Commissioner, Dhaka and others have been asked to show cause as to why acquisition of petitioner's lands in question should not be declared to have been made without lawful authority and of no legal effect. Those Rules are disposed of by this judgment as common questions of fact and law are i..Category: Property Law | Date: | Hits: 79
State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)
.... appeal and submits that by the evidence of P.Ws.2, 4 and 16 the prosecution case has been proved against the respondents, but the learned Divisional Special Judge without considering the evidence in proper perspective, acquitted them on the grounds that most of the prosecution witnesses did not sup......ourt Division (Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J The State………………………………………….Appellant Vs. Md. Shah Nowroj and others……………Respondents Judgment May 25, 2011. Lawyers Involved: Md. Monwar...... 23. The facts and circumstances, and the evidence and other materials on records in the present case do not lead us to draw any inference of guilt against the respondents. We also do not find any illegality in the impugned judgment and order of acquittal, which calls for any interference. In th..Category: Criminal Law | Date: | Hits: 97
State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
.... appeal and submits that by the evidence of P.Ws.2, 4 and 16 the prosecution case has been proved against the respondents, but the learned Divisional Special Judge without considering the evidence in proper perspective, acquitted them on the grounds that most of the prosecution witnesses did not sup......Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J The State……………………………………………………..Appellant Vs. Sheikh Mujibur Rahman and others……………Respondents Judgment May 25, 2011. Lawyers Involved: Md. Monwar...... 23. The facts and circumstances, and the evidence and other materials on records in the present case do not lead us to draw any inference of guilt against the respondents. We also do not find any illegality in the impugned judgment and order of acquittal, which calls for any interference. In th..Category: Criminal Law | Date: | Hits: 101
State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
....ppeal and submits that by the evidence of P.Ws.1, 3 and 15 the prosecution case has been proved against the acquitted respondents, but the learned Divisional Special Judge considering the evidence in proper perspective, acquitted them on the grounds that most of the prosecution witnesses did not sup......on (Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J The State…………………………………………………….Appellant Vs. Sk. Arif Newaz and others………………………..Respondents Judgment May 25, 2011. Lawyers Involved:...... 24. The facts and circumstances, and the evidence and other materials on records in the present case do not lead us to draw any inference of guilt against the respondents. We also do not find any illegality in the impugned judgment and order of acquittal, which calls for any interference. In th..Category: Criminal Law | Date: | Hits: 86
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....trict to show cause as to why the victim girl should not be handed over to the custody of her father, the petitioner, or such other or further order or orders passed as to this court may seem fit and proper. 2. While issuing Rule a direction was given to maintain status‑quo with regard to the c......e...................Petitioner Vs. State..................Opposite Party Judgment March 9, 1992. Cases Referred to- 35 DLR (AD) 127; Fatema Begum alias Urmila Rani Vs. Gageswar Nath and the Sale, 9 BLD (1989) 469; Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, 42 DL......e in our country for unfortunate allegedly kidnapped immature girls, the moot point in this case for determination is the age of the girl, that is, whether the girl is sui juris (a person having full legal capacity to act) or not on the facts alleged and proof furnished. Because in essence it is a c..Category: Criminal Law | Date: | Hits: 80
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