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Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
....the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......ment July 13, 2004. Result: This Rule is made absolute. Lawyers Involved: Dr. Kamal Hossain with M Amir‑ul Islam, Advocates ‑ For the Petitioner. Md. Helaluddin Mollah, Deputy Attorney General with Md. Alamgir Kabir Assistant Attorney General – For the State. Criminal Misc......ner obtained the present rule. 5. Dr Kamal Hossain, learned Counsel, appearing with Mr. Amir-ul Islam for the petitioner, submits at the outset that the petitioner is an aged man of 57 years and a law abiding, peace loving and respectable citizen of Bangladesh. He is also a freedom fighter and ha..Category: Criminal Law | Date: | Hits: 81
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.................Petitioners Vs. Chairman, Civil Aviation Authority and another ......................Respondents Judgment June 21, 2003. Result: The Rule is discharged. Cases referred to- Chairman BJMC Vs. Nasir Ahmed Chowdhury and others, 7 BLC (AD) 144; Rabia Bashri, Irena and a...... appointment of the petitioners and (2) of any legal right or legitimate expectations of the petitioners arising out of their appointment have been violated by the impugned tender notices. 11. The laws regulating the general appointment, terms and conditions of services of the officers and employ..Category: Employment/Service Law | Date: | Hits: 125
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......e documents including collateral were executed. It was a limited company. Neither any resolution of the board of directors nor any power of attorney was obtained. Disbursement of loan on 17‑3‑88, according to DW 1, clearly violated clause VII of the sanction letter. DW 1 further stated that clau......Baraka Bank Bangladesh Ltd ....................Appellant Vs. Rina Alam and another............Respondents Judgment April 12, 2004. Result: The appeal is dismissed. Cases referred to- Ms Sekendar Jute Baling Ltd Vs. Sonali Bank and another, 1998 BLD (AD) 268; Vemlata Reddy Vs....... deed Exhibit E, deed to create further charge Exhibit L and oral evidence which conclusively and clearly proved that the plaintiff mortgaged the suit property to the bank again and thereby, erred in law in decreeing the suit. 27. Secondly, he submitted that after the Artha Rin Adalat found the s..Category: Civil Law | Date: | Hits: 109
Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)
....learned Subordinate Judge was manifestly wrong in appointing, a receiver in a suit for simple declaration of title and, as such, the order appointing a receiver should be set aside in the interest of justice. The learned Advocate also submits that in view of the fact that the suit land being a vast ......e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ......zid Khan and others…………………Appellants Vs. Ali Howlader and others............... Respondents Judgment January 14, 2003. Result: The appeal is allowed. Cases referred to- Nur Mohammad Vs. Jogendra Kumar Dutta and others, 28 DLR 7. Lawyers Involved: Abdul Quq......d Subordinate Judge in appointing a receiver for the suit land. The impugned order is not only cryptic in nature but it is also a totally non‑speaking one and such an order is never countenanced by law. 4. Appointment of the receiver is not a matter of causal exercise of power by the Court. The..Category: Civil Law | Date: | Hits: 89
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......on) Present: SK Sinha J S Rahman Miah J Hasan Rony…….Petitioner Vs. State…….Respondent Judgment August 22, 2004. Result: The appeal is allowed. Cases Referred to- Emperor Vs. Balmakund, AIR 1931 All 1 (FB); Nishi Kanta Jha Vs. State of Bihar, A 1969 SC 422...... statement of the appellant on 18‑4‑2002 and proved the appellant's signatures and his signatures appearing therein. He states that the confessional statement has been recorded in accordance with law after performing the formalities and that the confession is true and voluntary. PW 3 stated that..Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....ll questions, whether of title, priority, or of any nature whatsoever which may arise in the bankruptcy proceeding or which the Court may deem fit, expedient or necessary to decide for doing complete justice or making a complete distribution of the property. The power, given under the section is to ......ned order dated 25‑4‑2000 passed by the Bankruptcy Court at Dhaka in Bankruptcy Suit No. 27 of 2000 is hereby declared to have been made and/or passed without any lawful authority and of no legal accordingly, is quashed. Order of stay granted at the time of issue of the Rule is hereby recalle......sent: Md. Abdur Rashid J S Rahman Miah J Abdur Rashid Chowdhury...........................Petitioner Vs. Additional District Judge and others……………Respondents Judgment October 20, 2003. Result: The Rule is made absolute. Cases referred to- 42 DLR (AD) 86, Be......cause as to why order dated 28‑6‑2000 passed by the respondent No. 1 the Bankruptcy Court in Bankruptcy Suit No. 27 of 2000 rejecting the plaint should not be declared to have been passed without lawful authority and of no legal effect and why respondent No. 1 should not be directed to issue sum..Category: Others | Date: | Hits: 185
Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observaÂtion made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ...... was delivered without hearing the Election Commission although before passing any order or direction, interim or otherwise in relation to an election, it is necessary to hear the Election Commission according to Clause-C of Article 125 of the Constitution as amended by the 15th Amendment to the Con....... Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives (LGRD) and others..........................Respondents Judgment October 27, 2011. Result: The Civil Petition for Leave to Appeal is dismissed. Case Referred......passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observaÂtion made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ..Category: Election Law | Date: | Hits: 250
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
.... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39....... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39....... J Md. Shamsul Huda J Rashedul Alam Chowdhury......................................Petitioner Vs. ASM Shahajahan and another................................Respondents Judgment October 17, 2011. Result: The petitions are dismissed. Cases Referred to- Nizamuddin Mahm......5400 of 2008 disÂcharging the Rules rejecting the petitioner's prayer for quashing the proceedings under section 561A of the Code of Criminal ProceÂdure. As both petitions involve the same point of law, they are disposed of by this single judgment. 2. Facts relevant for disposal of the instant ..Category: Criminal Law | Date: | Hits: 75
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......e averment of the plaint, it is clearly disclosed that she also claimed relief against defendant No.3 and the High Court Division erred in law in reversing the judgment of the trial Court. Whether according to section 272 of the Cantonment Act, 1924, "No suit or proceeding shall be entertained in...................Appellants Vs. Nilufar Momtaz and another..................................Respondents Judgment December 13, 2011. Result: The appeal is dismissed. Cases Referred to- Abul Khair Vs. Pubali Bank Ltd. 53 DLR (AD) 62; Kazi Shahjan Vs. Md. Khalilur Rahman Madbar 5......iff. Subsequently, in recognition of the oral gift, defendant No.1 affirmed an affidavit before the Notary Public on 21-3-2005. While enjoying the apartment, the plaintiff rented it out to her son-in-law on 1-4-2005 and an agreement was executed to that effect. On 30-4-2005, defendant No.1 filed an ..Category: Property Law | Date: | Hits: 81
Govt. of People's ReÂpublic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)
....on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......adesh……………………Appellant Vs. Md. Habibur Rahman @ Manu…………………….Respondent Judgment March 14, 1978. Result: The appeal is disposed of. Cases Referred to- The Crown Vs. Muhammad Fazal Bangash, 8 DLR (FC) 102; King Vs. Sibnath Banerjee, 72 I.A. 241;......t mean Government's satisfaction as it is an abstract entity. 3. Mr. B.B. Roy Chowdhury, learned Assistant Attorney-General appearing for the State has argued that the proposition as understood in law is not correct. We think, there is much substance in his submission. He says that the word 'gove..Category: Criminal Law | Date: | Hits: 63
....in requested BJMC to pay their outstanding arrear salary for the period from 1-9-2002 till their reinstatement, but no action was taken. In such circumstances, the petitioners served notice Demanding justice upon the respondents.
3. Respondents replied to the legal notice and stated that there wa......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
......
Vs.
Chairman, Bangladesh Jute Mills Corporation and others……………………Contemner-respondent's
Judgment
April 23, 2009.
Result:
The Rule is discharged.
Cases Referred to-
Md. Salimullah Khan Vs. State, 15 DLR (SC) 150; State of Pakistan Vs. Mehrajuddin, 11 DLR (SC......rit Petitions. He further submits that in the Judgment of the High Court Division it has been stated in no uncertain terms that the order of termination is illegal, void, unconstitutional and without lawful authority. He again submits that BJMC preferred Civil Petitions for Leave to Appeal against t..
Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
....law but both the Courts below overlooking this legal aspect of the case allowed the case illegally and the same has caused an error of law resulting in an error in the decision occasioning failure of justice. In support of his contention the learned Advocate refers to the following decisions: namely...... homestead otherwise than as part of his holding within the same village or any village contiguous to that village, his status in respect of his homestead shall be that of a raiyat or an under-raiyat according to the status of the landlord of the homestead, and the incidents of his tenancy of such h......ellaneous Appeal No.84 of 1987 dismissing the appeal and modifying the judgment and order dated 31-1-1987 passed in Miscellaneous Case No.597 of 1974 by the Assistant Judge, Additional Court, Kushtia to the effect that appellant No.1 will not get the cost of removing his house from the disputed land......al land but a non-agricultural land and, as such, an application under section 96 of the State Acquisition and Tenancy Act (hereinafter referred to as the Act) is misconceived and not maintainable in law but both the Courts below overlooking this legal aspect of the case allowed the case illegally a..Category: Property Law | Date: | Hits: 70
Sabdul Ali (Md.) Vs. Md. Mabed Ali Sarker, 1997, 26 CLC (HCD)
....learned Assistant Attorney-General for the State, opposes the Rule. 5. Considering this aspect of the case we find that the said criminal proceeding is required to be quashed to secure the ends of justice so that title may be set at right once and for all by the civil Court. 6. In the result, ...... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ......€¦â€¦â€¦.Opposite Party Judgment November 20, 1997. Result: The Rule is made absolute Lawyers Involved: Omar Ali Khan, Advocate - For the Petitioner. Syed Abu Kowser, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No. 3208 of 1995. Judgment Md. ...... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ..Category: Property Law | Date: | Hits: 75
Prodip Kumar Dutta & another Vs. Mira Rani Dutta and another, 2004, 33 CLC (HCD)
....ed in him under section 372 of the Succession Act in issuing citation to brother and mother of the deceased even when they were present before him and such order has definitely resulted in failure of justice. 18. In the result, the Rule is made absolute without however any order as to cost and im......to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571.......& another........................Petitioners Vs. Mira Rani Dutta and another ......Opposite Parties Judgment March 13, 2004. Result: The Rule is made absolute. Cases referred to- Charubala Sen Guptta Vs. Abul Hossain and others, 33 DLR (AD) 254. Lawyers Involved: Bh......sed Rana Dutta under the Hindu Law. 5. Reading sections 81, 82 and 83 of the Mulla's Hindu Law he submits that brother and mother were heirs as 'Sapindas' and learned Joint District Judge erred in law in rejecting their application on wrong view of the law. 6. Lastly, he read section 372 of th..Category: Property Law | Date: | Hits: 69
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......02 staying further proceeding of the execution case is hereby recalled and vacated. In view of above decision, the application of third party for addition does not deserve any consideration and is accordingly, rejected. 55. Let the deed of gift being No. 4133 dated 31‑5‑1917 Exhibit 'kha' ......e appeal is dismissed. Lawyers Involved: Khandker Mahbubuddin Ahmed with SM Monir, Advocates ‑ For the Appellant. Hasan Foez Siddique with M Habibullah, Advocates ‑ For Respondent Nos. 1 to 8. Abdun Nur with Imam Hossain ‑ For Respondent. First Appeal No. 68 of 2002 with ...... also erected huts. In 1992, Obaidul Islam was dispossessed from the suit land. He did not know them who dispossessed him. 25. In cross-examination, he stated that Obaidul Islam was his brother-in-law. He denied that he was deposing for the interest of his nephews and nieces. He could not say who..Category: Property Law | Date: | Hits: 85
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......t February 20, 1989. Result: The Rule is discharged. The stay order granted staying the Execution Case is vacated. The Execution Case will proceed in accordance with law. Cases Referred to- AIR 1940 (MaÂdras) 29; AIR 1937 (Madras) 511; AIR 1931 (Madras) 650; 3 BCR 1983 (HCD) 339; M......site Parties Judgment February 20, 1989. Result: The Rule is discharged. The stay order granted staying the Execution Case is vacated. The Execution Case will proceed in accordance with law. Cases Referred to- AIR 1940 (MaÂdras) 29; AIR 1937 (Madras) 511; AIR 1931 (Madras) 650; ..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....e and submits that this need be decided first without going into the merÂits of the case. Mr. Shamsul Hoque Chowdhury in elaborating this objection submitted that the petiÂtioner is a fugitive from justice at the time when the Rule was issued initially by a Single Bench of this Court on 22.9.86 an......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ...... Abdus Samad & others.................Petitioners Vs. The State..................Opposite Party Judgment February 15, 1989. Result: The Rule is discharged. Cases Referred to- Chan Shah Vs. The Crown, PLD 1956 (FC) 43; Khalid Saigol Vs. The State, 14 DLR (SC) 321; Kha......e is a fugitive from justice and not entitled to any protection of this Court either in ApÂpeal or in Revision, but obtained this Rule, which need be discharged. 4. In the instant case the filing lawyer had been Mr. Raushan Ali, Bar-at-Law. He initially obtained the power from both the petitione..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....cuÂments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ...... belong to him. P.W.6 and P.W.7 were not declared hostile and were not cross-examined by the prosecution. P.W.5 Mosharraf Hossain admitted that he saw that the appellant was made to write a statement according to the dictation of a Customs Officer. The said statement being hit by section 24, 25 and ...... M. M. Rafiqul Hyder................................Appellant Vs. The State....................................Respondent Judgment November 10, 1988. Result: Cases Referred to- State Vs. Balshri Das Sutradhar, 13 DLR 289; Kalipada Nandi Vs. The State, AIR 1950 (Cal) 42......tion case. It is the definite case of the prosecution that 31 pieces of gold bars have been recovered from an echÂolac bag allegedly belonging to the appellant. 19. It is a settled proposition of law that the prosecution must prove the case against the accused persons beyond all reasonable doubt..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....l is allowed with costs and the judgment and decree of the lower appelÂlate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......l is allowed with costs and the judgment and decree of the lower appelÂlate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......preme Court High Court Division (Chittagong Bench) (Civil Appellate Jurisdiction) Present: AM Mahmudur RahÂman J Md. Osman………………….......Appellant Vs. Fatema Khatoon & others.....................Respondents Judgment February 16, 1989. Result: Th......also filed cross-appeal. The learned subordinate judge allowed the appeal on contest and dismissed the cross-appeal. 5. Mr. Nirmalendu Bikash Datta contends that the Court of appeal below erred in law holding that there was no cause of action for the suit and the defendants were not defaulters as..Category: Property Law | Date: | Hits: 66
....9.8.82.
We, therefore, find no ground for 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) 265.
......3.8.82 on the ground of defalcation/misappropriation of Tk. 12,032/- by creating false and fictitious vouchers in the name of carrier-contractor. The respondent No.2 was again asked to show cause and accordingly he replied by letter dated 30.8.82 denying the allegations. The 2nd party-petitioner set......- For the Respondent.
Writ Petition No. 471 of 1986.
Judgment
Mustafa Kamal J.- This Rule Nisi obÂtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls into question the judgment and order dated 13.8.86 passed by the Chairman, 2nd Labour Court, Dhaka, re......- within 15.2.83 in the account of the petitioner-corporation and submit a copy of deposit slip to the Secretary of the corporaÂtion. In default of this order appropriate action in acÂcordance with law shall be taken against him.
3. The respondent No.2 protested against the latter dated 23.1.83..
Category: Labour and Industrial Law | Date: | Hits: 166
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