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Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)
....the above reasons we do not find any ground to interfere. 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) 190. ......the above reasons we do not find any ground to interfere. 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) 190. ......mmad Afsaruddin............Petitioner Vs. Kamal Rahman....................................Opposite Party Judgment January 31, 1989. Result: The Rule is discharged. Cases Referred to- Shriram Sardarmal Diswani Vs. Gourisanker, AIR 1961 Bombay 136; Deputy Commissioner (Revenu......tiff-opposite party so desires he can be allowed to give evidence in rebuttal. The reason given by the learned Subordinate Judge should not commend itself to this Court, because it is an established law that amendÂment of the pleadings can be allowed at any stage. 8. Mr. S.R. Pal learned Advoca..Category: Property Law | Date: | Hits: 58
Shahabuddin Ahmed Vs. Upazila Election Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....e learned Advocate for the petitioner that the learned Assistant Judge has in partly allowing his prayer committed an error of law which has reÂsulted in error in his decision occasioning failure of justice. According to him in absence of any discloÂsure of formal defect the learned Judge ought to......e sent back to the learned AsÂsistant Judge to dispose of the plaintiffs prayer for withdrawal of the suit, and if it is rejected then disÂpose of the defendant's prayer for rejection of the plaint according to law. In such view of the matter the impugned order is liable to be set aside. In the...... Vs. Upazila Election Officer, Bakerganj & others.................................Oppsite Parties Judgment November 23, 1988. Result: The Rule is made absolute. Cases Referred to- Nakimuddin Sana Vs. Sonaulla Biswas, 5 DLR 89; Karim Gul Vs. Shahzad Gul, PLD 1968 (Peshawa......nother contestÂing candidate (opposite party No.4 herein) filed a petition under Order 7, Rule 11 of the Code of Civil Procedure for rejection of the plaint on the ground that the suit was barred by law, and thereafter on 7.5.88 the plaintiff filed a petition under Order 23 rule 1 (2) of the said C..Category: Election Law | Date: | Hits: 152
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....shed. The fifth exÂception provides that it is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of justice, or respecting, the conÂduct of any person as a party, witness or agent, in any such case, ......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, DhaÂka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ........................Petitioner Vs. Shah Alam & others..............................Opposite Parties Judgment January 23, 1989. Result: The Rule is made absolute. Cases Referred to- Sukra Mahto Vs. Basudeo Kumar Mahto and another, AIR 1971 (SC) 1567; Ayeasha Bi Vs. Pear Khan......Metropolitan Magistrate, Dhaka under section 499 and 500 of the Penal Code stating that the petitioner, an Advocate of the Supreme Court of Bangladesh having reputation as an honest and hardÂworking lawyer and had appeared in a number of casÂes both in the High Court and in the Court before the Di..Category: Criminal Law | Date: | Hits: 77
Government of Bangladesh Vs. Mini Begum and others, 2010, 39 CLC (AD)
....ment within 1(one) week from the date of filing concise statement by the appellants. The appeal is fixed for hearing on 7th March, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 1008. ......nder 53 Thana Education Project Officers against a projÂect. The Project was due to complete in December, 1999 but it was extended from time to time and the respondent’s service were also extended accordingly. Of the appointees ten sweepers were transferred to the revenue set up in due course of ...... Vs. Mini Begum and others………………………………………Respondents Order November 28, 2010. Result: Leave is granted. Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General, instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. A J Moh......were appointed with clear stipulation that their employÂment would remain valid till the compleÂtion of the project. Learned counsel for the petitioners argued that the High Court Division erred in law in arriving at the conÂclusion that the conduct of the petitioners has created a legitimate exp..Category: Employment/Service Law | Date: | Hits: 133
Siddiqur Rahman and others Vs. Abdul Jalil Meah and others, 2009, 38 CLC (AD)
....are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002.......ence on record, the learned Subordinate Judge, found that although the plaintiff No.1 did not execute the deed of exchange with the defendant No.1 but possession of the suit land was delivered to him according to the decision taken in the salish held on 06.06.1968 and since then the defendant No.1 h......in Ahmed Senior Advocate (M.A, Azim Khair, Advocate with him), instructed by Zainul Abedin, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 1526 of 2009. (From the Judgment and order dated 02.07.2009 passed by the High Cour......change deed would be exeÂcuted between the parties but the plaintiff did not ultimately execute the said deed. The learned Advocate further submits that the High Court Division committed an error of law in decreeing the suit without setting-aside the concurrent findings of fact arrived at by both t..Category: Property Law | Date: | Hits: 49
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
.... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ......service during his contractual period cannot be taken away without the due process of law, arbitrary and mala fide. It is arbitrary because the licence had been cancelled without proper notice which, according to the learned Counsel be, two months' notice in case of violation of non‑payment of lic......ailway Division, People's Republic of Bangladesh and others……………Appellants Vs. Md. Ferozur Rahman & ors…………….Respondents Judgment March 20, 1991. Cases Referred to- Dominion of India Vs. RB Sohan Lal, AIR 1950 (East Punjab) 40; MA Naser Vs. Chairman PE Railw......iff when by their own admission the plaintiff himself has been thrown out of the Buffet car and Restaurant car of the Railway compartment prior to the filing of the suit itself and the Court erred in law in not considering that the Court is not dealing with any prayer of any mandatory injunction ord..Category: Civil Law | Date: | Hits: 72
Kabir and others Vs. State, 1991, 20 CLC (HCD)
.... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......e charge sheet the case was sent to the Court of the learned Sessions Judge, Noakhali for trial which was thereafter transferred to the Court of the Additional Sessions Judge for disposal. Charge was accordingly framed against all the 8 accused persons under sections 395/397 of the Penal Code. 3.......n) Present: AKM Sadeque J Muhammad Ansar Ali J Kabir and others…………………Appellants Vs. State…………………Respondent Judgment May 9, 1991. Cases Referred to- Mahmud Ali and others Vs. State, 1985 BLD 218; Lutfon Nahar Begum Vs. State, 27 DLR (AD) 29; ......s of the so called confession of appellant Shahid Hossain and hence the impugned judgment and order of conviction and sentence as against the aforesaid co‑accused appellants cannot be, sustained in law. Further, submission of the learned Advocate for the appellants is that in examining appellant S..Category: Criminal Law | Date: | Hits: 76
Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 1993, 22 CLC (HCD)
....ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ......ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ......J Md. Sirajul Islam J Shafiuddin Sarwar………………Petitioner Vs. Dhaka Club Limited and others…………………Opposite Parties Judgment April 29, 1993. Cases Referred to- Chittagong Cox's Bazar Bilashi Malik Somily and others Vs. Harisadhan Das Barman, Advocate an......earned Subordinate Judge. The defendant opposite party could have prayed for the hearing of the application under Order 39 rules 1 and 2. The teamed District Judge also heard this appeal and erred in law in staying the operation of the order of ad interim injunction without hearing the plaintiff pet..Category: Civil Law | Date: | Hits: 87
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
....ed Advocate for the appellant that the accusation or charge framed against the accused persons is materially defective and this has seriously prejudiced the deÂfence and resulted in a miscarriage of justice. We have quoted about the accusation and seen that the accusation as made out is of smugglin......boat and produced him before Chitalmari police station and lodged a First Information Report which was recorded by S.I. Siddiqur RahÂman, the Duty Officer in the absence of the Officer-in-Charge and accordingly Chitalmari Case No.2 dated 3.6.82 under Section 6 of Act I of 1956 read with Section 25 ......e apÂpellant Siddiqur Rahman in absentia under Section 6 of the Control of Essential Commodities Act, 1956 i.e., Act I of 1956 read with Section 25 of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for 5 (five years. Another accused Shah Alam was also charged along ...... cannot be brought within the mischief of Section 6 of Act I of 1956 and his conviction and sentence under the said section, 6 of the Control of Essential Commodities Act, 1956 cannot be sustained in law at all. 9. Next question is whether the prosecution has been able to prove the case against t..Category: Criminal Law | Date: | Hits: 74
Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)
....sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ...... in view of the satisfactory evidence on behalf of the plaintiff-Opposite party there is no neÂcessity to examine the serving peon and that the peÂtitioners were very much aware of the suit. He has accordingly dismissed the re-hearing case. The heirs of Hara Mohan Das preferred an appeal against t............................Petitioner Vs. Kalipada Das & others...............................Opposite Parties Judgment July 6, 1988. Result: The Rule is discharged. Case Referred to- 25 DLR 91. Lawyers Involved: Abdul Quayum, Advocate - For the PetitionÂer. Japan K......le against this order. 4. Mr. Abdul Quayum, the learned Advocate apÂpearing on behalf of the petitioner has urged that the learned appellate Court has in allowing the appeal committed an error of law which is apparent on the face of the record. According to him, the learned AddiÂtional District..Category: Procedural Law | Date: | Hits: 65
Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....e learned Advocate for the petitioner that the learned Assistant Judge has in partly allowing his prayer committed an error of law which has reÂsulted in error in his decision occasioning failure of justice. According to him in absence of any discloÂsure of formal defect the learned Judge ought to......e sent back to the learned AsÂsistant Judge to dispose of the plaintiffs prayer for withdrawal of the suit, and if it is rejected then disÂpose of the defendant's prayer for rejection of the plaint according to law. In such view of the mailer the impugned order is liable to be set aside. 7. In ......itioner. Vs. Upazila Education Officer, Bakerganj & ors.................................Opp. Parties. Judgment Nov 23, 1988. Result: The Rule is made absolute. Cases Referred to- Nakimuddin Sana Vs. Sonaulla Biswas, 5 DLR 89; Karim Gul Vs. Shahzad Gul, PLD 1968 Peshawar,......nother contestÂing candidate (opposite party No.4 herein) filed a petition under Order 7, Rule 11 of the Code of Civil Procedure for rejection of the plaint on the ground that the suit was barred by law, and the after on 7.5.88 the plaintiff filed a petition under Order 23 rule 1 (2) of the said Co..Category: Election Law | Date: | Hits: 206
....e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
......
Secretary, Ministry of Home Affairs, Government of Bangladesh & others...............Opposite Parties
Judgment
August 28, 1988.
Result:
The Rule is made absolute.
Cases Referred to-
Abdul Latif Mirza, 31 DLR (AD) 1; Malik Gholam Gilani, 19 DLR (SC) 403; Begum Shorish Kashm......ry, Ministry of Home Affairs and 4 others to show cause why the detenu Philip Reginald Cunningham should not be released from custody on the ground that he has been detained illegally and without any lawful authority.
2. The facts of the case are that petitioner Dr. Md. Habibullah is a citizen of..
Category: Criminal Law | Date: | Hits: 108
Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)
....nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ......nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ..........................Petitioner Vs. The District Magistrate & ors.....................Respondents Judgment January 10, 1989. Result: The Rule is made absolute. Cases Referred to- 18 DLR (SC) 214; 40 DLR (Dhaka) HCD 364; 31 DLR (AD) 1; 27 DLR (HCD) 496; 38 DLR (HCD) 93; 4......di, Upazila Ishardi, District Pabna, now detained at Pabna District Jail should not be brought before this Court so that it may satÂisfy itself that the detenu is not being held in custoÂdy without lawful authority or in an unlawful manÂner. 2. The petitioner's case, in short, is that he is a ..Category: Criminal Law | Date: | Hits: 60
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....es of the judgment free of cost in order to enable them to present proper appeal within limitation without being misled in the hands of undesiring persons. This direction is given for the interest of justice on consideration of overall socio‑economic conditions of the country. A combined reading o...... or admitted, the plea of Guilty in relation to those facts would amount to admission of proved facts without converting those facts into a penal offence, of which each ingredient has to be satisfied according to law. The conviction of a person on his plea of guilty must be shown to have admitted di......etitioner Vs. State ........................................... Respondents Judgment June 19, 2004 Result: The appeals are dismissed. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney General ‑ For the State. Jail Appeals No. 1483 of 1992 with 1449, 2230, 2098, 1696, 1302......ocedure shortly, the Code, have been communicated to this Court through the Jail authorities of different jails on behalf of convicts in jail against their convictions and sentences under the general law as well as special laws. As these appeals involve almost common points of law, they are taken up..Category: Criminal Law | Date: | Hits: 73
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......ar J Ayub Ali (Md) ... .................Petitioner Vs. Abdul Khaleque.……….........Opposite Parties Judgment July 28, 2004. Result: The Rule is discharged. Cases Referred to- Abdullah‑Al‑Mahmud @ Ripon Vs. State, 6 MLR (AD) 259; Alamgir Hossain (Md) alias Alamgir ......le under section 46 (a) of the Excise Act, 1909 as amended by Finance Ordinance No. XLV of 1986. Charge was framed against him on 27‑9‑90 for the offence punishable under the aforesaid section of law to which he pleaded not guilty and claimed to be tried in accordance with law. 4. Subsequent ..Category: Criminal Law | Date: | Hits: 87
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485....... Result: The appeal is allowed. Lawyers Involved: ABM Mahbub Suman, Advocate ‑ For the Appellant. Nawshad Zamir with Osman Gani and Mahfuza Begum, Advocates ‑ For Respondent Nos. 1 to 4. First Miscellaneous Appeal No. 33 of 2000. Judgment Md. Abdur Rashid J. – Pre-empto......1 to 4 became co-sharers by exchange in the case holding and, if so, would right of preemption not be available against such co-sharers? (2) Was the deed of exchange dated 10‑7‑96 exhibit-Ka a lawful and valid transaction? and (3) Whether the right of pre-emption was barred by waiver, esto..Category: Property Law | Date: | Hits: 71
Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)
.... submits that such above move, and gesture of the presiding officer will show the truth of the apprehension of the accused-petitioner that the accused will not get fair and impartial trial as well as justice from the said Court. He accordingly, contends that Rule having merit as above must be made a...... Whip in Parliament, and also being in charge of Minister of Sherpur District, visits the area from time to time when District Administration arranges protocol duty to be performed by Magistrates who accordingly, are under direct control of MP and Minister in charge Mr. Zahid Ali Chowdhury. It has b....... Opposite Party Judgment January 13, 2004. Result: The Rule is made absolute. Lawyers Involved: Rana Kawser, Advocate ‑ For the Petitioner. ABM Waliur Rahman Khan, Assistant Attorney General with Shamima Ara Dura, Assistant Attorney General ‑ For the Opposite Party. Cr......ime to the party in such regard to bring stay order from Superior Court, but learned Court below did not even allow 3 days' time as was within his domain in order to show his sincerity and regard for law and convention. 21. We have given very anxious consideration to above situation created by th..Category: Criminal Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....he evidence on record as to the execution and the registration of the kabala in question by the plaintiff and thus, committed error of law resulting in an error in the decision occasioning failure of justice in decreeing the suit. 7. Mr. Md. Salahuddin, the learned Advocate appearing for the plai......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......For the petitioner. Md Salahuddin, Advocate ‑ For the opposite party. Civil Revision No. 3537 of 1995 Judgment MA Wahhab Miah J. - This Rule was issued calling upon opposite party No. 1 to show cause as to why the judgment and decree dated 10‑08‑94 passed by the Subordinate Judge, ...... the Appellate Court being the final Court of fact also misread the evidence on record as to the execution and the registration of the kabala in question by the plaintiff and thus, committed error of law resulting in an error in the decision occasioning failure of justice in decreeing the suit. 7..Category: Property Law | Date: | Hits: 80
Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
....nd they are suffering during these hard days of economic crisis. The service of the plaintiff though not regulated by the service regulations of the board but is protected by the principle of natural justice and hence the suit for declaration that the order of the principal dated 07‑09‑96 is ill......he time of inquiry but the Managing Committee could not prove the allegations satisfactorily before the Inquiry Committee. He further submits that though the service of the plaintiff is not regulated according to the service regulations of the Board but the service of the plaintiff is governed under......in............... Petitioner Vs. Mir Kashem Bahumukhi High School and others...............Opposite Parties Judgment March 15, 2004 Result: The Rule is discharged. Cases Referred to- SE Kabir Vs. Spencer & Co, (Pak) Ltd and others, 21 DLR 581; Abdul Majid Vs. Bata Shoe Co......he petitioner and Mr. Abul Kalam Chowdhury with Mr. ATM Obaidul Hoque appeared for the opposite parties. 7. The learned Advocate for the petitioner submits that the Court of appeal before erred in law failing to appreciate the findings arrived at by the Trial Court. He further submits that the al..Category: Employment/Service Law | Date: | Hits: 96
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
....rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......J MR Trading Co……………Appellant Vs. Superintendent Engineer and others……………Respondents Judgment June 29, 2004 Result: The appeal is dismissed. Cases Referred to- Water Development Board Vs. Shamsul Huq, 51 DLR (AD) 169; Aftabuddin Vs. Mahfuzus Sobhan and ......his appeal or revision. When the plaintiff could give security to the extent of Taka 7,00,00,000 then why he could not manage Taka 2,00,00,000 only is beyond our comprehension. Besides, we know no law that empowers a Court to grant a mandatory injunction for payment of any portion of the amount c..Category: Civil Law | Date: | Hits: 73
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