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Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)
.... Hasib J Rezaul Karim (Md) and another……………Petitioners Vs. Secretary, Ministry of Home Affairs and others.............Respondents Judgment January 16, 1991. Result: The Rule is made absolute. Case Referred to- Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affa......ezaul Karim (Md) and another……………Petitioners Vs. Secretary, Ministry of Home Affairs and others.............Respondents Judgment January 16, 1991. Result: The Rule is made absolute. Case Referred to- Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Governme..Category: Constitutional Law | Date: | Hits: 174
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....ry, Advocates‑‑For the Petitioners. SC Das with Subrata Chowdhury, Advocates‑For the Opposite Party No.1. Criminal Revision Case No. 270 of 1989. Judgment Abdul Bari Sarker J.- This Rule arises out of an application under section 561 A of the Code of Criminal Procedure for quashing......inant is not an offence under section 108 (2) of the Companies Act, we are of opinion that the proceeding is liable to be quashed. In view of above, the application is allowed and the rule is made absolute. The impugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief..Category: Criminal Law | Date: | Hits: 89
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....tioner. Mansur Habib with Mala Routh, Advocates-For the Opposite Party. Civil Revision No.100 of 1988 (Dhaka) Civil Revision No.252 of 1985 (Rangpur) Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the judgment and order dated 29.4.85 passed by ...... transfer, filed an application under Section 26 F of die then Bengal Tenancy Act, seeking pre‑emption of the 1st transfer. Their Lordships of, the Calcutta High Court held that the 1st sale was an absolute sale and that the condition of reconvey of the property cannot operate to exclude the appli..Category: Property Law | Date: | Hits: 81
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....Abdur Rahim ‑ For the Petitioner. Md. Latifur Rahman ‑ For Contemner Nos.2‑3. Shaikh Razzaqure Ali - For contemner No.4. Contempt Case No.1 of 1989. Judgment Abdul Hasib J.- This Rule at the instance of one Ayub Ali Mohaldar was issued calling upon the opposite party contemners ......urther direction that he will be more careful in future in dealing with the order that may emanate from this Court or from any other Court to which he is subordinate. Accordingly, the Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party ..Category: Criminal Law | Date: | Hits: 84
....of the learned District Judge, Munishiganj, the plaintiffs‑petitioners approached this Court in its revisional jurisdiction under section 115 of the Code of Civil Procedure and obtained the present Rule.
8. None has appeared to oppose the Rule.
9. Mr. AKM Shahidul Huq, the learned Advocate a......e defendant Nos.1 and 2 contracted to purchase 6‑1/2 acres is 45 1/4 acres and it also appears that out of 0.45 1/4 acres the defendant Nos.3‑4 purchased 0.6‑1/2 acres. These lands appear to be absolutely unspecified and undemarcated. Consequently, it cannot be ascertained whether the defendan..
Category: Procedural Law | Date: | Hits: 59
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
....g and disposal of issues of law alone causes serious prejudice to the other side, such framing of issues cannot be ordered in the interest of justice. Mr. Khandker argues that in view of provision of Rule 3 of Order 15, all the issues relating to law as well as on fact must be taken together. He arg...... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96...Category: Procedural Law | Date: | Hits: 62
....Talukder, Advocate‑For the Petitioner.
Miah Abdul Gafur with Sharifuddin Chaklader, Advocates‑‑For the Opposite Parties.
Civil Revision No.562 of 1988.
Judgment
Abdul Hasib J.- This Rule was issued calling upon the opposite parties to show cause why the judgment and decree dated 24......appellate Court may take the case and dispose it of expeditiously, preferably within two months receipt of the records from this Court. Send the LC records at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) ..
Category: Property Law | Date: | Hits: 72
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....ed has been committed before seeking to prove that the accused on trial committed the crime. Monir in his Law of Evidence (compact edition by HS Urseker page 13) has stated under the heading "Special Rules of Proof in Criminal Trial" that among other things there must be clear and unequivocal proof ......y depend upon the corpus delicti being found, there may be reliable evidence, direct or circumstantial of the commission of murder though corpus delicti is not traceable. In the instant case there is absolutely no direct evidence of witnesses except the confessional statements of the alleged murdere..Category: Criminal Law | Date: | Hits: 110
....omilla)
Writ Petition No.1949 of 1991( Dhaka)
Judgment
AKM Sadeque J.- At the instance of MM Enterprise Limited 224, Bara Maghbazar Dhaka represented by its Director, Syed Tazammul Hussain a Rule Nisi under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh was......tice issued under section 10A of the Public Demands Recovery Act, 1913 as well as the impugned order dated 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) ..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....he leave petition with observations and modifications of the judgment and order dated 29.09.2010 passed by a Division Bench of the High Court Division in Writ Petition No.6286 of 2010 discharging the Rule. 2. The review petitioner preferred Writ Petition No.6286 of 2010 before the High Court Div......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....under section 561A of the Code of Criminal Procedure filed by AKM Mohinus Saleh, the then Manager, Jessore Krishi Bank and thereafter a Senior Officer, Bangladesh Krishi Bank, Comilla and 2 others, a Rule was issued by this Court on 8.8.1989 calling upon the Deputy Commissioner, Khulna to show cause......09 of Penal Code read with section 5(2) of Act II of 1947 now pending in the court of Divisional Special Judge, Khulna Division, Khulna for trial is hereby quashed. In the result, the Rule is made absolute and the accused petitioners are discharged from their bail bonds. Let the records of the..Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
....ge, Sadar, Sylhet in Misc. Case No.40 of 1990 should not be set aside or pass such other or further order or orders as to this court may deem fit and proper. 2. Facts necessary for disposal of the Rule are as follows: Opposite party No.1 filed Misc. Case No.40 of 1990 in the court of Assistant...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ..Category: Property Law | Date: | Hits: 89
A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)
....ominur Rahman, Advocate ‑ For the Petitioners. Md. Joynul Abedin, Advocate ‑ For the Opposite Parties. Civil Revision No.1847 of 1990. Judgment Bimalendu Bikash Roy Choudhury J.- This Rule arises out of a prayer for condonation of delay in filing a revisional application under sectio......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ..Category: Procedural Law | Date: | Hits: 72
Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ......ut the day of scrutiny should be interpreted to be the actual determining factor. A reading of sub‑section (2) of section 7 will show that the legislature has taken pains to make the legal position absolutely clear and unambiguous that a person shall be disqualified not only for election but also ..Category: Election Law | Date: | Hits: 128
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....e averments made in the plaint and contending, inter alia, that the suit was not maintainable in its present form and that the suit was barred under section 42 of the Specific Relief Act; that as per Rules and Regulations and practice of the Bank an enquiry was held; that the appellant was given all......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ..Category: Employment/Service Law | Date: | Hits: 71
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....espondent No.1. Writ Petition No. 4700 of 2010. Judgment Syed Mahmud Hossain J.- In this application under Article 102(2) (a) of the Constitution of the People’s Republic of Bangladesh a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order contain......rder of stay, one Md. Abdul Quddus Bhuiyan was appointed Nikah Registrar for No. 11, Cheora Union of Chouddagram Upazila. Since the hearing was going on, we were of the view that if the Rule was made absolute, the subsequent appointment would automatically stand cancelled and as such, we kept the ap..Category: Civil Law | Date: | Hits: 128
....
M. Kamrul Hoque Siddique with A.K.M. Alamgir Parvez Bhuiyan, Advocates-For the Opposite Parties (Plaintiff-Respondents)
Civil Revision No.3218 of 2007.
Judgment
Md. Rezaul Hasan J.- This Rule under section 115 (1) of the Code of Civil Procedure (the Code) has been issued at the instance...... or actual, to stop misuse of judicial power and to ensure accountability and uniformity in the application of law.
35. We accordingly find merit in this rule.
In the result, this rule is made absolute without any order as to cost. Judgment and decrees of both the courts below are hereby set-..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Dr. Mohammad Tareque and others……………………….Respondents Judgment August 3, 2011. Result: The Rule is discharged without any order as to cost. Cases Referred to- Moazzam Husain Vs. The Sta......ning of the company of the respondent No.5 with immediate effect. 9. Mrs. Nahid Mahtab after drawing our attention to this aspect submit that delay in compliance of the order of this Division was absolutely unintentional and the same was also not an inordinate delay. She submits that the respond..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....y General-For the Respondent No.1. M Amir-ul-Islam with Md. Khurshid A Sarkar, Advocates—For the Respondent No.2. Writ Petition No.7119 of 2009. Judgment Moyeenul Islam Chowdhury J. - A Rule Nisi was issued calling upon the respondent to show cause as to under what authority the respon......s. Their tenure, emolÂuments, seniority, removal etc. are all regulated by the relevant provisions of the Act No. 13 of 2003. Their offices are offices in the service of the Republic. Because of the absolute embargo imposed by Article 129 (4) of the Constitution, the responÂdent No. 2 being an ex-..Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....ndents. Writ Petition No. 467 of 1991. Judgment Fazle Hussain Mohammad Habibur Rahman J.- Petitioner Shahabuddin, General Secretary, Nabarun Sangsad, Kalta Bazar, Dhaka prays for issuance of Rule Nisi upon the respondents to show cause why the following impugned decision and order dated nil......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ..Category: Constitutional Law | Date: | Hits: 165
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