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Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
.... 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......me Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Abdul Hafiz J Rafiqul Islam…………………….Petitioner Vs. State and another……………………Opposite Parties Judgment February 23, 2009. Result: ...... expired on 22-12-2005 and 1-5-2006; that the liability of the accused stands at Taka 70,63,291 including profit with compensation and the accused became defaulter borrower and that in this regard in order to repay the money the accused issued to cheques amounting to Taka 9,00,000 bearing cheque No...Category: Civil Law | Date: | Hits: 150
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....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 ......gh Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Zakir Ahmed J Abdul Malek………………Petitioner Vs. District Co-operative Officer, Cox’s Bazar and ors…………………Respondents Judgment April 9, 1997. Result: The Rule is made......the Respondents. Writ Petition No. 1643 of 1991. Judgment Zakir 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 t..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....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...... High Court Division (Special Original Jurisdiction) Present: K M Hassan J Md. Latifur Rahman J Mahboob Uddin Ahmed……………Petitioner Vs. Bangladesh Election Commissioner, and others………………Respondents Judgment May 27, 1998. Result: The Rule is disch......as 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 the Judgment and order was produced before us. 9. The petitioner thought that if the by-election was allowed to be..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....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......hmed Vs. Bangladesh, 45 DLR (AD) 1; Manager, Personal Division Vs. Md. Sazaban Miah & others, 35 DLR 224; Civil Petition for Special Leave to Appeal Leave (CPSLA) No.299/83; Dhunat Degree College and others Vs. Md. Abdus Samad and others, 49 DLR 38; Fazlul Karim Vs. Agrani Bank, represented by t...... corporation and also for a decree for all 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 g..Category: Employment/Service Law | Date: | Hits: 182
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....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........ 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.......or under the provisions of the general law of the land, if not specially given so by the trust instrument. It has been submitted by the learned Advocate or the Administrator General that it can be so ordered by this Court. Section 28 of the Administrator General's Act provided thus: 28. (1) "The ..Category: Trust/Waqf Law | Date: | Hits: 166
.... 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......h Court Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Pabna Motor Employees Association………..……Petitioner
Vs.
The Member, Labour Appellate Tribunal and others...............Respondents
Judgment
May 20, 1991.
Result:
The Rule is discharg......tition No.730 of 1938.
Judgment
AM Mahmudur Rahman J.- This Rule Nisi issued under Article 102 of the Constitution called upon the respondents to show cause as to why the impugned judgment and order passed by the respondent No.2 on September 1,1987, setting aside the order of the respondent N..
Category: Labour and Industrial Law | Date: | Hits: 171
Rehana Ahmed and others Vs. Nahar Shipping Lines LimÂited, 1990, 19 CLC (HCD)
.... “ 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......ereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......filed a supplementary affidavit on 9.4.89 showing that the petitioners have got beneficiary interest upto 27% of the shares. On 31.1.90 the petitioners filed an affidavit notifying on compliance with order passed by the Court by respondent prejudicing the interest of the petitioners right On 26.2.90..Category: Company Law | Date: | Hits: 233
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
....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......dents alleging that on 23.10.87 at about 2-30/3 P.M. the accused-respondents along with other unknown persons assaulted 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 responden......ents. Criminal appeal No.95 of 1987. Judgment Md. Abdul Jalil J.- This appeal under section 417(2) of the Code of Criminal Procedure at the instance of the complainant is directed against an order dated 18.11.87 passed by Mr. Kazi Abu Taher, Magistrate, 1st Class, Patiya Upazila, Chittagong..Category: Procedural Law | Date: | Hits: 85
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
....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,......e Bhuyia J M.A. Mannan........................Petitioner Vs. Biman Bangladesh Air Lines........................Respondents Judgment March 6, 1989. Lawyers Involved: Abdul Wadud Khandker with Saifur Reza and Farida Khan - For the Petitioner. Abdul Hasib with M.A. Tariq - For t......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 respondent-Corporation shoul..Category: Employment/Service Law | Date: | Hits: 225
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....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 ......san J Md. Tafazzul Islam J Sazedur Rahman (Md.)……………………Petitioner Vs. Secretary, Ministry of Establishment, Superior Appointment Division, 4, Bangladesh Secretariat, Dhaka and others……………………Respondents Judgment March 23, 1998. Result: The Rule .......1 should not be declared to have violated the fundamental rights of the petitioner as guaranteed in Article 29 read with Articles 27 and 31 of the Constitution and, as such, why necessary directions/orders shall not be given to the respondents. This Rule was issued by an order dated 18-8-97 amendin..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....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...... High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M M Ruhul Amin J Mostafa Kamal………………Petitioner Vs. Chief Election Commissioner and others…………………Respondents Judgment August 19, 1997. Result: The Rule is......o show cause as to why the impugned Gazette Notification dated 18-11-92 declaring the respondent No.6 as Chairman of No.11 Chanpur Union Parishad, 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 no..Category: Election Law | Date: | Hits: 154
Abul Kalam Azad (Md.) and others Vs. Md. Kamrul Hasan and others, 1997, 26 CLC (HCD)
....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......is Case is also Reported in: 50 DLR (HCD) (1998) 259. ...... Mir Mahfuzur Rahman with Fara Mahmuda, Advocates ‑ For the Opposite Parties. Civil Revision No.1346 of 1994 Judgment Shah Abu Nayeem Mominur Rahman J.- This Rule is directed against the order dated 2-3-94 passed in OC Suit No.33 of 1989 by the 1st Court of Additional Sessions Judge, Ta..Category: Procedural Law | Date: | Hits: 85
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....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......ditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ...... Opposite Parties. Civil Revision Case No.2591 of 2008. Judgment AFM Ali Asgar J.- This rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 22-5-2008 passed in Miscellaneous Appeal No.17 of 2007 by the learned Joint District Jud..Category: Procedural Law | Date: | Hits: 88
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
...., 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 ...... Division (Criminal Miscellaneous Jurisdiction) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J Aftabuddin (Md.)…………………………………..Petitioner Vs. State and others………………………………….Opposite Party Judgment July 7, 2010. Res......tion 561A Code of Criminal Procedure 1898 (the Code) has been issued at the instance of the accused No.3 petitioner calling upon the opposite parties to show cause as to why the impugned judgment and order dated 20-11-2001 passed by the learned Metropolitan Additional Sessions Judge, 1st Court, Dhak..Category: Criminal Law | Date: | Hits: 79
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
.... 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......ain, Advocate-on-Record—For the Appellant. Mamunur Rashid, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent No. 2. None Represented—For Respondent Nos. 1 and 3-5. Civil Appeal No.176 of 2010. (From the judgment and Order dated the 8th day of April,......80 of 2009. 2.  The facts giving raise to this appeal are as follows:— The appellant obtained a loan of taka 7,50,000 on 12-9-1989 from Sonali Bank (hereÂinafter referred to as the Bank) in order to comÂplete the unfinished construction of his house on plot No.45, Road No.7, Sector-4 at U..Category: Civil Law | Date: | Hits: 138
....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......acated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......it was inter alia, held:
"The word 'Transfer' in section 95A has been used in the sense of a transfer by way of a mortgage, the necessary conclusion which follows from the said premises is that in order to bring a transaction of out and out sale with an agreement to reconvey within the purview of..
Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61.......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment November 1, 1993. Result: The appeal is allowed. Cases Referred to- Kitab Ali Talukder Vs. State, 28 DLR 128; Ismail Vs. Abdullah and another, PLD 1963 (WP) (Karachi) 161; SM Farooque alias Syed Farooque Vs. State, 28 DLR 192; Ash...... the State. Criminal Appeal No. 2030 of 1991. Judgment Muhammad Ansar Ali J. -This appeal at the instance of accused Bahar Uddin alias Bahar, son of Mohiuddin arises out of the judgment and order dated 31.10.92 passed by the learned Additional Sessions Judge, 1st Court, Dhaka in Sessions C..Category: Criminal Law | Date: | Hits: 81
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
....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......ering Company...........................Petitioner (In Writ Petition No. 346 of 1991) Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division and others………………………………………………………Respondents (In all the wri......riff value, duty and Lax by virtue of SRO dated 18.6.88 and 15.6.88 vide Annexures-B 4 and E made by the Customs Authority is illegal, unconstitutional and violative of fundamental right as such, the order should be declared to have been passed without any lawful authority. In support of his content..Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port AuthoÂrity Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
....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...... ......pondent. First Miscellaneous Appeal No. 328 of 2007. Judgment Md. Nuruzzaman J.- This First Miscellaneous appeal, at the instance of petitioner-appellant is directed against the judgment and order dated 21-1-2007 passed by the learned Additional District Judge, 1st Court, Chittagong refusin..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....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 ......ligatory 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 being done in order to enable the Court to find out the truth and render a just decision. The statutory provisions of section 540 of the Code are enacted where un...... 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 being done in order to enable the Court to find out the truth and render a just decision. The statutory provisions..Category: Criminal Law | Date: | Hits: 97
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