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Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77.......sdiction which so exists. Jurisdiction is a question of statute and not of consent. That being the position I find substance in the submissions of the learned Advocate for the accused petitioners and accordingly the judgment and order dated 7.6.86 passed by Sessions Judge, Feni, dismissing the appea......risdiction) Present: Abdul Hasib J Dr. Joynal Abedin .....................Petitioner Vs. The State ……………….…..Opposite Party Judgment May 22, 1991. Case Referred to- Rajah Ali and others Vs. State, 37 DLR 174. Lawyers Involved: Md. Ruhul Amin, Advocate ......em total six) out of previous enmity started quarrel with P.W.1 Eshaque on 20.4 .85 at 7‑00 AM over irrigating the land of accused Joynal and at one stage of the quarrel accused persons formed an unlawful assembly armed with various weapons and attacked Eshaque and beat him at the order of the acc..Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....te to the High Court Division and in which no appeal lies thereto, and if such subordinate Court appears to have committed an error of law resulting in an error in the decision occasioning failure of justice, the High Court may make such order in the case as it thinks fit." 8. By the Ord. No. XLV......e oral and documentary dismissed the suit on the findings that the plaintiffs had no right, title or interest in the suit property and they had also acquired no right by way of adverse possession and accordingly he dismissed the suit. On appeal by the plaintiffs -appellants the learned Appellate Cou......on) Present: Qazi Shafiuddin J Bangladesh .... ........................Petitioner Vs. Md. Aslam and others ............ Opposite Parties Judgment July 27, 1989. Cases Referred to- Ajirannessa Vs. Saper Mia, 30 DLR (SC) 41; Abdul Majid Vs. Nabiruddi, 22 DLR 360; Abdur Rashi...... trial Court and allowed the appeal. 5. Mr. Syed JR Modassir Hossain, the learned Deputy Attorney General appearing for the petitioner, submits that the Court of appeal below committed an error of law in not adverting to the findings of the learned trial Court with proper and sound reasonings. Mr..Category: Property Law | Date: | Hits: 96
Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
....sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ......School with effect from 1.1.86 as by the Gazette Notification dated 4.12.86, the said school was nationalised with effect from 1.1.86. 5. The learned Advocate for the petitioner has submitted that according to the Gazette Notification published on 4.12.86 the school was nationalised with effect f...... This is an application by Nikhil Kumar Sarker, Assistant Teacher, Goalundo Shahid Smrity Girl's High School under Article 102 of the Constitution of the People's Republic of Bangladesh with a prayer to issue Rule Nisi calling upon the respondents to show cause as to why the order dated 18.8.90 (Ann......ed to the petitioner by respondent No. 4 Director General, Directorate of Secondary and Higher Education under Memo No.17910/4 same dated 17.9.90 shall not be declared to have been passed without any lawful authority and to be of no legal effect and why the respondents shall not be directed to absor..Category: Employment/Service Law | Date: | Hits: 82
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63....... Devi (Supra); and Ali Hossain Vs, Rafilquddin PLD 1977, Lahore 418. In that view of the matter the contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63....... Haroon and another .............................Petitioners Vs. Mst. Sufia Khatun and another ...........................Opposite Parties Judgment November 13, 1990. Cases Referred to- Usha Jain and others Vs. Manmohan Bajaj and others, AIR 1980 MP 146; Ramgulam Vs. Mahendra Ku...... petitioners who are third parties to make any independent application under rule 99 seeking adjudication of their alleged claim. Accordingly, we find that the impugned order suffers from no error of law. 10. The only further question which has argued is whether it was permissible for the executi..Category: Civil Law | Date: | Hits: 89
.... been issued without following the procedure laid down in the law and without giving the petitioner any opportunity of being heard is violative of the relevant law as also of the principle of natural justice and is, therefore, without lawful authority and of no legal effect. He points out that parag......e petitioner as professor of Computer Science and Engineering on probation for one year, as on 17.6.91 the petitioner was the senior most and was finally qualified for appointing to the said post and accordingly the Registrar of respondent No.1 who is also the Secretary of the Syndicate issued offic......f Engineering and Technology, represented by its Vice Chancellor and another..................Respondents
Judgment
August 13, 1991.
Result:
The Rule is discharged without any order as to cost.
Cases Referred To-
Shiv Narayan Vs. Vice‑Chancellor, University of Sagar and anothe......spondent No.1 Vice‑Chancellor of the BUET suspending the operation of the order dated 18.6.91 appointing the petitioner as professor on probation shall not be declared to have been made without any lawful authority and to be of no legal effect and why the respondents shall not be directed to cance..
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ........Appellant (In both Appeals) Vs. Amin Huda………………..................Respondent (In both Appeals) Judgment June 1, 2011. Lawyers Involved: Momtazuddin Fakir, Additional Attorney-General instructed by B Hossain, Advocate-on-Record-For the Appellant (In both Appeals). A......assed by the High Court Division in Criminal Miscellaneous Case Nos. 4678 and 4679 of 2008). Judgment Md. Abdul Wahhab Miah J. - These two appeals having identical facts and common questions of law have been heard together and are being disposed of by this single judgment. 2. These two appe..Category: Criminal Law | Date: | Hits: 112
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......n agent signing for his principal, if acting within the scope of his authority, binds the principal. Section 211 of the Contract Act says that an agent is bound to conduct the business of principal according to the direction given by the principal. 8. Therefore, it is the duty of the agent to c......erred To- Sassoon & Co. Vs. CIT Bombay City, AIR 1954 SC 470; Bangladesh Power Development Board Vs. Muhammad Asaduzzaman Sikder, 9 BLC (AD) 1. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Mr. B Hossain, Advocate-on-Record-For the Appellants. Abdul Wadud B......ntract there is a provision for arbitration and as writ-petitioner has not exhausted the forum of arbitration, the writ petition is not maintainable. Article 19 of the agreement provided that the laws of Spain will be attracted in giving effect to the agreements, that the draft copy of the agree..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......ther..........................Petitioners Vs. Md. Abdul Karim.......................................Respondent Judgment May 22, 2011. Lawyers Involved: Karunamoy Chakma, Deputy Attorney-General instructed by B Hossain, Advocate-on-Record—For the Petitioners. Sheik Mohammad ......ondent. 6. In the background of the case as stated hereinbefore, the only point to be decided in this petition for leave to appeal is whether any limitation has been prescribed for in the relevant laws, namely, the Administrative Tribunal Act, 1980 (the Act) and the Administrative Tribunals Rul..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......bali Bank within the specified time, or if he fails to fulfill his commitment, then the subsequent agreement dated 15.7.85 along with the agreement dated‑8.3.85 would be considered as cancelled and according to the claim of the petitioner No.1, respondent No.1 will be liable for all compensation f......esent: Mozammel Hoque J Mohiuddin Ahmed and others…….………Petitioners. Vs. Lutfur Rahman and another……………Respondents. Judgment May 31, 1990. Cases Referred to- Sirish Chandra Das Vs. Sri Sri Chhatteswari Debi Bigraha, 38 DLR (AD) 283; AR Shaw Vs. The Di......espondent No.1 had failed to perform his part of the agreements. The petitioners have categorically stated in their application that in pursuance of the aforesaid two agreements, though in the eye of law one agreement, the petitioners have fulfilled all the terms and conditions and they transferred ..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....that the passports of the petitioner have been revoked and/or cancelled without giving him an opportunity of being heard and in that the action has been taken in violation of the principle of natural justice. His further grievance is that no procedure having been made either in the Passport Order or......en stated that a case, being Ramna PS Case No.11 dated 13.1.89, has been lodged against the petitioner, under Article 11 (b) of the Passport Order, 1973 read with section 419 of the Penal Code. Thus, according to the respondent No.1, the petitioner has no legal right to question the action, taken ag......oner Vs. Government of Bangladesh, represented by the Secretary of Home Affairs, Bangladesh Secretariat, Dhaka and others ............Respondents Judgment July 17, 1990. Cases Referred to- Government of Pakistan and another Vs. Dada Ameer Haider Khan, PLD 1987 (SC) 504; Schmidt Vs.......n the list of the persons who were not to be allowed to avail the privileges of passport. 8. On the backdrop stated above, it is submitted that the respondents have acted illegally and without any lawful authority in revoking the passport of the petitioner and depriving him from travelling abroad..Category: Constitutional Law | Date: | Hits: 288
Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....tituted. For all these reasons I am of opinion that the suit as framed was not maintainable and the courts below committed an error of law resulting in an error in the decision occasioning failure of justice in decreeing the suit of the plaintiff. 7. The Rule is accordingly, made absolute and the......on receipt of the said script the Examination Centre Committee sat in an emergent meeting in the evening on the same day and after making enquiries was satisfied that the plaintiff was innocent, that accordingly it was decided that the answer script should be forwarded to the Controller of Examinati......ury J Mohammad Mofizuddin ..........................Petitioner Vs. Mohammad Firoj Alam and another……………..…..…….Opposite Parties Judgment July 31, 1991. Case Referred to- Secretary of State Vs. Mask, AIR 1940 PC 105. Lawyer Involved: S A M Mahbub Elahi, Adv......f the suit. He therefore, hold that the suit is not properly constituted. For all these reasons I am of opinion that the suit as framed was not maintainable and the courts below committed an error of law resulting in an error in the decision occasioning failure of justice in decreeing the suit of th..Category: Civil Law | Date: | Hits: 84
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
....character of the suit or the plaint (b) amendment is necessary for the purpose of determining the real question in controversy between the parties and (c) amendment if allowed would in no way cause injustice to the adverse party. Amendment of the plaint as sought for has been quoted hereinbefore, a ......Court Division both the learned Advocates made their submissions treating the application as one under Order VII rule 11 of the Code and the learned Judges also passed the impugned judgment and order accordingly. At the time of hearing of the leave petition Mr. Nurul Amin made his submissions in the......rerdanga under Police Station Daulatpur within District Khulna. Plaintiff Nos. 2-3 and defendant Nos.5-6 are the son, the daughter and the wives respectively of late Sirajul Islam Khan, Managing Director of plaintiff No.1; defendant Nos. 1-2 are the banking company Defendant No.1 sanctioned loan of ......ssues were framed including the issue of maintainability. 7. Leave was also granted to consider the submissions made by Mr. Nurul Amin that the learned Judges of the High Court Division erred in law in making the Rule absolute inasmuch as it is the settled principle that after framing issues ..Category: Civil Law | Date: | Hits: 86
Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
....on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ...... the family members of the informant and addressed the informant as khaluzan. Being pleased with the behaviour of the accused and his wife the informant agreed to help the business of the accused and accordingly the informant gave cheques of Tk. 38,00,000 to the accused on different dates and those ......mber 14, 2008. Lawyers Involved: AA Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Petitioner. Not represented- the Respondents. Criminal Petition for Leave to Appeal No.142 of 2007. (From the judgment and order dated 7th March 2007 passed by the High Co......on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ..Category: Criminal Law | Date: | Hits: 89
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......ly liable for the damage. On this Mr. Rahim submits that then a decree for half of the claim made by the plaintiff should be passed against the defendant Nos.1 and 2 and such a decree can be executed according to law in the foreign country. Submission of Mr. Rahim apparently is very reasonable but t......ocate ‑ For the Defendants. Admiralty Suit No. 8 of 1982 Judgment Md. Mozammel Hoque J.- The plaintiff has instituted this suit on the allegations, inter alia, that the plaintiff is a statutory corporation carrying on business in general insurance of all kinds excepting life insurance thr......sponsible for the damage. 7. Mr. Rahim has further referred to 'Admiralty Jurisdiction and Practice of the High Court of Justice' by Edward Stanley Roscoe and submitted that from the above book of law it can be assessed as to the liability of a running vessel causing damage to a vessel in anchor...Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
.... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ......Ahmed and others…………………………………..Petitioners Vs. State and another……………………………….opposite parties Judgment August 5, 1990. Cases referred to- Emperor Vs. Maunga Ba Thon, 32 CrLJ, 950; Abdus Salam Master Vs. The State,36 DLR (AD) 58. ...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ..Category: Criminal Law | Date: | Hits: 78
Nurul Islam & others Vs. Noor Mohammad, 1991, 20 CLC (HCD)
....d conflicting judgment. In the facts and circumstances of the case, I am inclined to hold that if the two suits are heard by the same Court one after another simultaneously that will meet the ends of justice. In the case of M/s Ayat Ali Bhuiyan and Company Ltd. Vs. Janata Bank, 40 DLR 56, a Division......der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29....... AM Mahmudur Rahman J Nurul Islam & others ..................... petitioner Vs. Noor Mohammad……………………Opposite Party Judgment February 6, 1991. Case Referred to- M/s Ayat Ali Bhuiyan and Company Ltd. Vs. Janata Bank, 40 DLR 56. Lawyers Involved: Abd...... for the opposite party, very candidly concedes to this view. In the result, the Rule is made absolute. No order as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD..Category: Procedural Law | Date: | Hits: 51
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
....urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28.......urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28.......Title Suit No.371 of 1977. 2. The petitioner instituted the aforesaid Title Suit for permanent injunction against the opposite party No.1 and 7 others in respect of 0.50 acres of land appertaining to CS Plot No.389 of CS khatian No.136 of Mouza Lokuriapara restraining the defendants from entering...... and decree of the learned Subordinate Judge. 4. No one appears in opposition to this Rule. 5. Mr. Awlad Ali, the learned Advocate submits that the Court of appeal below committed an error in law in its decision in holding that the suit was heard on merit and the learned trial Court did not ..Category: Procedural Law | Date: | Hits: 79
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....se of its inherent power, require the offending party, by issuing a temporary injunction in mandatory form, to restore the status quo ante. This principle is in consonance with fair administration of justice and this power of making an order of mandatory injunction on an interlocutory application, m......s to the purchaser Nurul Hossain, the plaintiff on or before 30.6.81 and the plaintiff also received the letter from the Secretary stating that the Government had been pleased to accept the offer and accordingly the ownership of the property concerned is transferred in favour of the plaintiff as the......t…………………………………………Appellant Vs. Nurul Hossain and others……………………………………..Respondents Judgment December 18, 1990. Case Referred to- Abdul Jalil Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) 42. Lawyers Involved: Md. Hanna......e property. It is the further case of the Bangladesh Mukti Judda Kallayan Trust that eviction was caused by the Government in exercise of the power under Ordinance 24 of 1970 namely, the provision of law authorizing the Government to take khas possession of the Government khas land by evicting tresp..Category: Property Law | Date: | Hits: 389
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
.... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ......s that the Election Commission by Gazette Notification No.5(122)91‑Election 1/NA dated March 31,1991 published the names of 30 women members of the Parliament who were elected without a contest and accordingly whose names were published in the official Gazette under Article 11(2) of the Representa......others …………………………Petitioners Vs. The Election Commissioner, Shere Bangla Nagar, Dhaka…………..……………Respondents Judgment April 2, 1991. Cases referred to- Grey Vs. Pearson, (1857) 6 HLC 61,106; Duke of Buccleuch, (1889) 15 PC 86, 96. Lawyers Inv......on Commissioner to show cause why the impugned Gazette Notification No.5(122)/91 ‑Election 1/NA dated 10.3.91 (Annexure‑A) issued by the respondent shall not be declared to have been made without lawful authority and to be of no legal effect, The impugned Gazette Notification dated March 10, 199..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....ng before the said Special Tribunal under section 7(b) of the said Act to be without lawful authority and of no legal effect (provided, of course, that the detenu did not remain fugitive from law and justice and surrendered to the jurisdiction of the Special Tribunal in question). Mr. Hasan Ariff, t......d the case to the Special Tribunal No.3‑Cum Additional Sessions Judge, 2nd Court. On receipt of the case the Special Tribunal No.3 decided to hold trial of the accused petitioner in his absence and accordingly on 7.5.91 framed the following charge against the accused petitioner: যেহেত...... Union of India and others Vs. Haji Mastan Mirza, AIR 1984 (SC) 681; Moazzem Hossain Chowdhury Vs. Bangladesh and others, 43 DLR 186; Dr. MO Ghani Vs. ANM Mahmood, PLD 1966 Supreme Court 802; Director of Public Prosecutions Vs. Head (1958), 1 All ER 679 (6861) Sultan Ali Naghiana, AIR 1949 (Lahor......two writ petitions are disposed of by this judgment as they arise out of cognizance taken by the Special Tribunals under section 7(b) of the Special Powers Act, 1974 and involve the same questions of law, Both the petitioners were Ministers of the Government of Bangladesh and Members of the Parliame..Category: Criminal Law | Date: | Hits: 88
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