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Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....on relying on a series of decisions of the superior Courts and we also appreciate Mr. Shamsul Alam, the learned Deputy Attorney‑General, for his anxiety to assist the Court in the administration of justice which finds expression from his candid admission of the inherent weakness and infirmities of...... head of a woman. He raised hue and cry whereupon many persons assembled there and found the beheaded dead body half‑dug in the mud, the people could not ascertain the identity of the dead body and accordingly UD Case No.29 of 1987, dated 30.3.87 was started. While investigating the case ASI Azizu......tar Hossain alias, Babul Akhtar alias, Akhtar Ali and another…………….……..Appellants Vs. The State........................Respondent Judgment August 25, 1991. Cases Referred to- Babul alias Abdul Majid Khan and others Vs. State, 42 DLR (AD) 186; Rain Chandra Vs. State of......s Sattar. It was stated that on 24.3.87 Shahida Khatun proposed to her husband Khalil that she would go to India to bring his son Rajab. On the same day Khalil went to the house of his brother‑in‑law at village Juginda. Next day on coming back home Khalil did not see his wife. Khalil was under t..Category: Criminal Law | Date: | Hits: 110
....ed loss to the petitioner which needs determination in accordance with law. The petitioner further stated that without determining the amount of dues filing of certificate is against the principle of justice and violative of the fundamental rights of the petitioner and prayed that pending determinat......on 34 of the PDR Act could not be availed of by the petitioner. Again so far an appeal under section 51 is concerned the order dated 11.12.88 passed by the certificate officer was not an order passed according to statutory provision because provision of section 10A of the Act rules out any proceedin......Court
High Court Division
(Special Original Jurisdiction)
Present:
AKM Sadeque J
Mainur Reza Chowdhury J
MM Enterprise Limited, 224, Bara Maghbazar, Dhaka, represented by its Director, Syed Tazammul Hussain……………Petitioner
Vs.
General Certificate Officer, Collector......se No. 318/86‑87, notice issued under section 10A of the Public Demands Recovery Act of 1913 and the order dated 11.2.88 passed thereunder should not be declared to have been issued or made without lawful authority and is of no legal effect.
2. The petitioner is a Public Limited Company registe..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....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. ......ars, the repeal shall not affect the previous operation of any enactment so repealed and the consequences stated in Sub-Sections (a), (b), (c), (d) and (e) of Section 6 of the Act of 1897 shall apply accordingly. Thus he submits that Section 6 would be applicable unless a new legislation namely, the......eration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......was deposited in the said Account. Thus in the year 2003 in total US$ 27, 78,970.00 was deposited in the aforesaid Account of the accused No.1 in Singapore which was collected as illegal benefit by unlawful means and illegal pressure of the petitioner Tarique Rahman being the son of the then Prime M..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....wing that initiation and continuation of the criminal proceedings against the accused‑petitioners for such an unusually long period is an abuse of the process of the court and to secure the ends of justice the proceeding is required to be quashed. The first and moot point placed before this court ......opriated the aforesaid amount. 3. On completion of the investigation, Mr. Abdullah Chowdhury, ACOBAD, submitted charge‑sheet No.84 dated 20.12.1980 against the accused petitioners and others and accordingly they were placed on trial under sections 409/109 of the Penal Code read with section 5(2......d another, 34 DLR 238; MG Towab, Air Vice Marshal (Rid.) Vs. The State, 34 DLR (HC) 371. Lawyers Involved: KS Nabi, Advocate ‑ For the accused Petitioners. Amirul Kabir Chowdhury, Deputy Attorney -General ‑ For the State. Criminal Revision Case No.80 of 1989 (Khulna) and re‑numbere...... the Operative Director approved all transactions of the said account. The Rule was, however, discharged on 8th December, 1982 with a direction for expeditious disposal of the case in accordance with law. After the discharge of the Rule, the learned Sub‑Divisional Magistrate, Magura transmitted th..Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
....t the learned Assistant Judge has rightly kept the matter pending till final hearing of the pre‑emption case itself. I do not find any error of law on the face of the record resulting in failure of justice in the impugned order. In the result, the Revision fails. The rule is discharged with cos......ore the document is registered, but if such objection is raised before registration of the document the pre‑emption petition is liable to be thrown out on the ground of prematurity. In other words, according to Mr. Dev, if the cause of action for pre‑emption matures before objection is taken the......he Petitioners. SK Sinha, Advocate ‑ For the Opposite Parties. Civil Revision No. 5077 of 1991 (Dhaka). Judgment Badrul Islam Chowdhury J.- By this rule opposite party No.1 was directed to show cause as to why the order dated 13.8.90 passed by the Assistant Judge, Sadar, Sylhet in Misc......n the date on which the pre‑emption application was filed, there is no legal transfer. Their Lordships of the Appellate Division held that since the document of transfer was registered according to law while the pre‑emption application was pending in the trial Court, the Court could act upon it ..Category: Property Law | Date: | Hits: 89
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. ......eaning. In the decision in the case of Attorney‑General Vs. Lockwood, (1842) 9 M & W 378, 398 Alderson B. observed- "The rule of law upon the construction of all statutes is to construe them according to the plain, literal and grammatical meaning of the words." In the decision in the cas...... Ansar Ali Khan………………………Petitioner Vs. Chief Election Commissioner and others……………………..Respondents Judgment January 8, 1992. Cases Referred To- Attorney‑General Vs. Lockwood, (1842) 9 M & W 378, 398; Nokes Vs. Doneaster, 1940 AC 1014 (1022)......n 7(2)(g) have to be given their plain, natural and ordinary meaning. In the decision in the case of Attorney‑General Vs. Lockwood, (1842) 9 M & W 378, 398 Alderson B. observed- "The rule of law upon the construction of all statutes is to construe them according to the plain, literal and gr..Category: Election Law | Date: | Hits: 128
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....hat the office order bearing Memo No. AGM/DAD/2028/82 dated 29th November, 1982 dismissing the plaintiff from the service is mala fide, illegal, void, inoperative and against the principle of natural justice and (b) for a decree declaring that the plaintiff is still in service under the defendants o......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. ...... Jurisdiction) Present: Mohammad Ismailuddin Sarker J Mohammad Badruzzaman J Fazlul Karim………………….Appellant Vs. Agrani Bank, represented by the Chairman, Board of Directors, Agrani Bank and ors…………………….Respondents Judgment November 3, 1991. Ca......was held; that the appellant was given all opportunities to defend himself; that the Bank authority upon consideration of the enquiry report dismissed the plaintiff; that the decision of the Bank was lawful and was made by the competent authority; that the dismissal order was confirmed and approved ..Category: Employment/Service Law | Date: | Hits: 71
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......a Chandra Tagore J Md. Abul Hossain……...........................................the petitioner Vs. Government of Bangladesh and others….................the respondents Judgment October 7, 2010. Lawyers Involved: Mohammod Hossain- For the Petitioner. Murad Reza, Addition...... to show cause as to why the impugned order contained in memo No. Bichar-7/2N-46/76 (Angsha) 292 dated 18.5.2010 (Annexure-G) passed by respondent No.3 shall not be declared to have been made without lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: On 14.5.199..Category: Civil Law | Date: | Hits: 128
.... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
......ique, the learned Advocate appearing for the defendant-respondent No.6 supports the impugned judgment and decree dated 25.5.2004 (decree signed on 01.6.2004) passed by the Artha Rin Adalat which was, according to him just, correct and proper. Mr. Quamrul Haque, next after placing the deposition of P......tion)
Present:
Sheikh Abdul Awal
M. Moazzam Husain
Bangladesh Krishi Bank……........................................................Appellant
Vs.
M/s. Dadajee Ice Plant and Cold storage Ltd. and others……….........Respondents
Judgment
May 10, 2010.
Lawyers Involved......tion that the deed of agreements between the parties be cancelled and for recovery of compensation to the tune of Tk. 25 Lac and the said suit was decreed on contest and as such the suit is barred by law of res judicata.
4. At the trial plaintiff examined 1 witness namely PW-1 and the defendant-c..
Category: Civil Law | Date: | Hits: 217
....intained that, in passing the impugned judgment and decree the appellate court has committed error of the law and that has resulted in error in the impugned judgment and decree occasioning failure of justice, so the impugned judgments and decrees are liable to be set-aside and the suit be dismissed.......ations made in the plaint and further asserting that the plaintiff is not at all owner of the suit land and that it is the defendant Coronation Hall Committee which is the owner of the suit land and, accordingly, name of the defendant has been recorded in C.S. as well as S. A. Khatian as owner and p......ota & Kamal Baksh & another Vs. Siraj Bakshi & others, 7 BLT (AD) 328, Bangladesh Vs. Helal Jute Press Ltd., 8 LG (2011) (AD 70.
Lawyers Involved:
Mosharraf Hossain Sarder, Deputy Attorney General with Mrs. Shahida Begum, Assistant Attorney General and Khondaker Moderesh Elahi, Adv......the evidence adduced in the case, has erroneously affirmed the judgment and the decree passed by the court below. Besides the appellate court has also failed to appreciate and apply the principles of law decided by the Supreme Court and cited before him at the time of hearing argument. He next submi..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
.... are three categories of Contempt of Court, (a) scandalisation of Court, (b) disobedience to the order of the Court or breach of undertaking given to the Court and (c) interference with the course of justice. In the instant case we are involved with the second category. A proceeding of contempt of C......e Joint Stock Companies and Firms and thereby exceeded the limit prescribed under law. 3. The illegal activities of the respondent No.5 had also attracted the attention of the media and press and accordingly national daily “Prothom Alo” published a report in its issue dated 22.06.2008 and 04......………………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 State 35 DLR (AD) 290; Mahbubur Rahman Sikd......thdrawing the money from him and that it was functioning as a Bank quite illegally having only their register under the Joint Stock Companies and Firms and thereby exceeded the limit prescribed under law. 3. The illegal activities of the respondent No.5 had also attracted the attention of the me..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626........ Dr. Shadeen Malik further submits that the BERC is a 'statutory public authority' as defined in Article 151(2) of the Constitution and it is independent and neutral in a limited sense inasmuch as according to the Act No.13 of 2003, the Government gives all policy decisions and directives to th......aw Dev (Bangladesh)......................................Petitioner Vs. Bangladesh and another... ................................Respondents Judgment February 24, 2011. Cases Referred to- Ruhul Quddus, Advocate Vs. Justice MA Aziz, 60 DLR 511; Aminul Haque Helal Vs. Justice Sultan......s (Annexure-'D') and why the holding of the public office of the Chairman of the BERC by the respondent No.2 and the said Memo dated 11-10-2009 (Annexure-'D') should not be declared to be without lawful authority, void ab initio and of no legal effect and/or such other or further order or orders..Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....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. ......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. ......7 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 (Annexure‑E) passed by Syed ......-৮-৯০ ইং তারিখে অনুষ্ঠিত খেলার পয়েন্ট বাযেয়াপ্ত করা হল” should not be declared to have been passed without lawful authority and to be of no legal effect. 2. Admittedly this is not a petition for enforceme..Category: Constitutional Law | Date: | Hits: 165
....made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357.......pugned order dated 15.2.90 (Annexure‑E) passed by the Third Labour Court, Dhaka in IRO Case No.33/87 is declared to be made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 ......other………………..Respondents
Judgment
July 1, 1991.
Cases Referred To-
James Finlay and Co., Ltd., Vs. The Chairman, 2nd Labour Court, Dhaka and another, 33 DLR (AD) 58; Administrator, Omar Sons Ltd. Vs. The Chairman, First Labour Court, Dhaka and another, 28 DLR 178; Deputy Mana......ision and order dated 15.2.90 (Annexure‑E) passed by respondent No.1 the Chairman, Third Labour Court, Dhaka in IRO Case No.33 of 1987 shall not be declared to have been made illegally, without any lawful authority and to be of no legal effect.
2. Respondent No.2 Abul Hossain filed IRO case No...
Category: Labour and Industrial Law | Date: | Hits: 124
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......mitted charge-sheet on perusal of the papers have not stated anything about the sanction order and the contents of it. They have not stated on what material the concerned authority was approached for according sanction. They are very much silent in this respect. The learned Advocate for appellant Ab......n Criminal Appeal 1143 of 90) - For Appellant. Criminal Appeal No. 1180/90 with Criminal Appeal No. 1143/90. Judgment Mahmudul Amin Chowdhury J.- These two appeals are taken up for judgment together as both the appeals arise out of the same judgment earlier passed by the learned Assistant ......e prosecuted. He argued that the system of obtaining sanction has been introduced to stop vexatious prosecution. But here in the present case it appears that sanction was given not in accordance with law and that has made the entire prosecution invalid. 4. The learned Advocate further contends th..Category: Criminal Law | Date: | Hits: 84
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ...... 4. Defendant contested the suit by filing joint written statement contending, inter alia, that Nagendra Nath took pattan in the benami of his wife Manada Sundari for his own interest and benefit and accordingly he had been in possession thereof and consequently defendant purchased the suit land fro......passed by learned Munsif, 1st Court, Pabna in OC Suit No.135 of 1973. 2. Plaintiff appellant instituted OC Suit No.135 of 1973 in the 1st Court of Munsif, Pabna seeking simple declaration of title to the suit land measuring 81 acres as described in the schedule of the plaint. The suit land origin...... undue and unconscionable advantage is taken by another. A person does a thing fraudulently if he does it with injury or loss to some person. Section 44 of the evidence Act lays down not only rule of law relating to the Evidence but also rule of procedure. Section makes the provision for impeaching ..Category: Procedural Law | Date: | Hits: 105
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....cted the application giving rise to this present Rule. 4. Miss Nowazish Ara Begum in an able manner submits that the learned Munsif committed an error of law in his decision occasioning failure of justice in holding that the petitioner ought to have filled application under section 10 CPC before ......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ......nt: AM Mahmudur Rahman J Altaf Hossain…………………..Petitioner Vs. Abbas Ali and another…………………Opposite Parties Judgment February 13, 1991. Cases Referred to- Makhan Lal Chawdhury Vs. Chandi Nath Majuinder and others, 1931 Cal 779; SPA Annamalay Cheity......ring the parties by the impugned order rejected the application giving rise to this present Rule. 4. Miss Nowazish Ara Begum in an able manner submits that the learned Munsif committed an error of law in his decision occasioning failure of justice in holding that the petitioner ought to have fill..Category: Property Law | Date: | Hits: 68
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....ed by Mr. Shahabuddin Ahmad the learned Advocate for the petitioner, that the, learned Subordinate Judge has committed a serious error of law resulting in error in his decision occasioning failure of justice, in passing the impugned order without complying with the direction of the appellate Court, ......uda, who is opposite party No.1 in this Revision case claiming himself to be the constituted attorney of the plaintiff appeared and filed a petition praying for amendment of the rehearing application accordingly. Subsequently, opposite party No.3 Mosharraf Hasan and opposite party No.4 Mokbul Hossai......Court, Khulna adding two persons as opposite parties in Misc. Case No.28 of 1982 under Order 9 rule 9 of the Code arising out of Title Suit No.57 of 1974. 2. Jagannath Bondopadhya claiming himself to be "son of late Brojendra Nath Bondopadhya, C/o Kazi Saifullah, Advocate, Judge's Court, Altapole......de on 21.11.85 and Nazmul Huda filed a written objection to the petition on 23.11.85 disclosing that "the petitioner filed this Misc. Case through his attorney. But due to mistake by oversight of the lawyer at the time of draft of the petition it was not written that Jagannath Banerjee represented t..Category: Procedural Law | Date: | Hits: 77
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....e felt by the Court itself after it has examined the evidence already on record and come to the conclusion that there is apparent and inherent lacuna or defect which hinders the due administration of justice. Additional evidence cannot be taken until the appellate Court has examined the evidence on ......drat Ali, Hossain Ali and Rustam Ali, and these 6 brothers made an amicable partition of the land in suit. Rustarn Ali died leaving Lal Md. who lived with Amir Ali and CS record of right was prepared accordingly. Lal Md. died leaving his uncle and mother. Hossain Ali and Kudrat Ali sold their intere......Court. 3. Plaintiff respondent Abdul Hamid and others filed a Partition Suit being T.S. No.31 of 1960 in the 4th Court of Subordinate Judge, Dhaka for partition in respect of the land appertaining to CS Khatian No.11 of Mouja Pakiabad PS Kapasia District Dhaka. In addition to the usual share inhe......plaintiffs' kabala Ext. 1C is a void document under section 28 of the Registration Act inasmuch as insignificant portion of land has been included therein and this constitutes a fraud on registration law. 10. Both the Courts below on consideration of the materials on record concurrently held that..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
.... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......d minor Azibar was not acted upon, inasmuch as no consideration passed from Akbar and Azibar for which original kabala was returned to Roushan Ali and he continued to remain in possession thereon and accordingly the original kabala was produced during trial from the custody of the plaintiffs. It is ...... Syed Fazle Ahmed J Anwar Hossain and others.................. Appellants Vs. Abul Hossain Molla and others …………………..Respondents Judgment May 7, 1991. Case Referred to- Habibur Rahman Vs. Abdul Wadud and others, 21 DLR 382. Lawyers Involved: Abdul Hamid Ch......y to the said deed are competent to challenge it as invalid inasmuch as it was a fraud on registration. The learned Advocate continued to urge that the 1st appellate Court committed error in fact and law in not holding that the kabala Ext. 2 of 1947, by plaintiffs predecessor Md. Raushan Ali in favo..Category: Property Law | Date: | Hits: 91
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