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Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
....ered from any accused. PW 10 however denied the defence suggestion as not true that the accused- persons standing in the dock were not involved in the dacoity and that he did not investigate the case properly. He also denied as not true that had the case been properly investigated no charge-sheet co......s Case is also Reported in: 54 DLR (2002) 80. ......rough the evidence and materials on record Mr. Enayetur Rahim, the learned Advocate appearing on behalf of the appellants, submits that the impugned judgment and order of conviction and sentence is illegal and not maintainable in law. He contended that the learned Additional Sessions Judge having hi..Category: Criminal Law | Date: | Hits: 83
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....istered instrument dated 04.05.1981 by the defendant Nos.2-4 contending, inter alia, that the plaintiff and the defendant are two full brothers and they had been in joint possession in their paternal property as shown in schedule No.2 to the plaint. For peaceful settlement of the suit property they ......lul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Haji Arshad Ali Kari……………………………………...............Petitioner Vs. Asmat Ali Hawlader and others……………………......Respondent Judgment July 30, 2008. Case Referred To......t appears that the Courts below have miserably failed to decide the question of limitation in the instant case. The decision arrived by the Courts below upon the question of limitation suffers from illegality in law and their findings are liable to be set aside. Both the Courts below have committed ..Category: Property Law | Date: | Hits: 30
Giyash Uddin Vs. Martuza Bibi and ors., 2010, 39 CLC (AD)
....nd such a solenama has been rightly held not to be a conclusive proof of the plaintiff’s right of easement on the land of the respondents. The case has been correctly decided by the courts below on proper assessment of evidence causing no failure of justice. We find no substance petitions which......(Civil) Present: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Giyash Uddin……………………………………………Petitioner (In both cases) Vs. Martuza Bibi and ors………………………………….Respondents (In both cases) Judgment January 2......below on proper assessment of evidence causing no failure of justice. We find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316...Category: Property Law | Date: | Hits: 33
Hazera Begum Vs. Artha Rin Adalat & another, 2001, 30 CLC (HCD)
....ction 6 Ka of the Artha Rin Adalat Ain 1990, the Artha Ain Adalat itself has been given the power to execute a decree passed by it. So, according to him, as the Artha Rin Adalat considered it fit and proper to pass an order for detention of the judgment debtors, the Adalat committed no illegality. ...... Rule was issued calling upon the respondents to show cause as to why the impugned order dated 20-7-20 (Annexure ‘E’) passed in Money Execution Case No. 2 of 1991 by the learned Subordinate Judge and Artha Rin Adalat, Faridpur as far as it relates to the issuance of Civil Warrant of Arrest is co......te Judge and Artha Rin Adalat, Faridpur as far as it relates to the issuance of Civil Warrant of Arrest is concerned should not be declared to have been made without lawful authority and to be of no legal effect. 2. We have found that in this Rule the petitioner is one of the judgment debtors in..Category: Civil Law | Date: | Hits: 89
....k vide copy of the Judgment dated 5.10.77. As against that decision the Bank filed the aforesaid writ petition. It was argued on behalf of the petitioner Bank that finding of the Labour Court was not proper inasmuch as it was not based on material on record, but this Court found that the decision of......
Judgment
Syed Fazle Ahmed J.-Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the decision and order dated 28.1.1981 passed by the Respondent No. I in IRO Case No. 52 of 1980 should not be de......ng upon the respondents to show cause as to why the decision and order dated 28.1.1981 passed by the Respondent No. I in IRO Case No. 52 of 1980 should not be declared to have been passed without any legal authority and is of no legal effect.
2. Facts giving rise to this Rule Nisi briefly be put ..
Category: Labour and Industrial Law | Date: | Hits: 93
Khandaker Abul Bashar Vs. State, 2009, 38 CLC (AD)
....de of Criminal Procedure was rightly discharged by the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 404, 63 DLR (AD) (2011) 79. ......1) 79. ......er had earlier filed a civil suit against the complainant. 5. We have heard the learned Advocate for the petitioner and perused the judgment and order of the High Court Division. 6. There is no legal impediment to file a criminal case even if a civil suit is pending on the selfsame allegations..Category: Criminal Law | Date: | Hits: 43
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....r dated 26-10-99 passed by the Senior Assistant Judge, 4th Court, Dhaka in Title Suit No. 62 of 1996 should not be set aside and or pass such other or further orders as to this Court may seem fit and proper. 2. Short facts, necessary, for the disposal of the Rule are that the opposite party as pl......horshed Alam & ors .........Opposite Parties Judgment May 13, 2001. Lawyers Involved: Mohammad Nazrul Islam, Advocate—For the Petitioner. Mahmudul Islam with AHA Rahman Chowdhury and Nahid Mahtab, Advocates—For Opposite Party No. 1. Md. Khalilur Rahman, Advocates—For Oppo......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ..Category: Property Law | Date: | Hits: 32
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....ayer was not heeded to by the respondent No. 5. That no gazette notification as required under clause (h) of sub-section (4) of section 93A of the said Act has yet been published vesting title of the property in the requiring body RAJUK. 7. Rule is contested by the respondents by filing two separ...... Case is also Reported in: 52 DLR (HCD) (2000) 125. ......in favour of the petitioners of the respective Rule. He further submitted that Government decision to utilize the land within three years from 2-6-88 having not been complied with respondents acted illegally in not releasing the unutilized land in favour of the petitioners. 9. Learned Advocate ap..Category: Property Law | Date: | Hits: 27
....No. 442 (Pathar) 89-90 Patharghata should not be declared to have been passed without jurisdiction and to be of no effect and/or such other or further orders passed as to this Court may seem fit and proper.
2. The case of the petitioner, inter alia, is that he purchased 0.25 acres of land appert......
High Court Division
(Special Original Jurisdiction)
Present:
MM Ruhul Amin J
Md. Munsurul Hoque J
Salim (Md) …………………….Petitioner
Vs.
Assistant Commissioner of Land and Chairman, Debt Settlement Board and others………….. Respondents
Judgment
Novembe......ared for the respondents. The learned Advocate for the petitioner has taken us through the writ petition, the impugned order and other connected papers and submits that the impugned order is wholly illegal, ‘void’, inoperative as the Debt Settlement Board was coram non judice as the respondent N..
Category: Property Law | Date: | Hits: 24
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
....egistered under section 3 of the said Ordinance, 1969 the Security Exchange Commission (SEC) controls and regulates performance and activities of the DSE. Because the function of the SEC is to ensure proper issue of securities and to protect the interest of the investors in securities and to develop......on (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Farzana Moazzem…………………………………………….Petitioner Vs. Securities and Exchange Commission and others.... Respondents Judgment July 15, 2001. Lawyers Involve......No. DSE-433/2000/403 dated 1-3-2000 issued by the respondent No. 5, Chief Executive Officer of Dhaka Stock Exchange Ltd., should not be declared to have been issued without lawful authority and of no legal effect and also why respondent Nos. Ito 5 should not be directed to act in pursuance Regulatio..Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....ding to work in the factories and other manufacturing establishments leading to loss in production.” The organisers of hartal also indulge in wanton acts of vandalism like destruction of government property and vehicles of all kinds. The political parties have the right to hold demonstrations or p......sh Elahi……………. Petitioner Vs Government of the People’s Republic of Bangladesh……… Respondents Judgment October 25, 2000. Cases Referred To- Bharat Kumar K Palicha and another vs State of Kerala and others, AIR 1997 (Kerala) 291; AIR 1998 (SC) 1984 and State of Te......ued calling upon the respondents to show cause as to why calling of hartal on 18-4-99 or on any other day thereafter should not be declared to have been made without any lawful authority and is of no legal effect and also in violation of the fundamental rights of citizens including the petitioner. ..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....he provision of law. 11. It was stated that disregard to laws and legal provisions encroachment, earth filling and temporary & permanent structures building is continuing and failure to ensure proper implementation of laws caused enough damage to the environment and adversely affecting life o...... Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J City Sugar Industries Ltd. and others............Petitioners (In Civil Petition No.761 of 2010) Mollah Salt (Triple Refined)...... Rights and Peace for Bangladesh (HEPB)' is a non profitable registered organization and the objects of the organization is to uphold the rights of the citizen and to work for the poor people to give legal support to the helpless people and to build up awareness amongst the people about their rights..Category: Environmental Law | Date: | Hits: 344
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....Sections 81, 85(3) and 396 of the Companies Act have been introduced in the statute to obviate some difficult situations in order to facilitate smooth functionings of the companies and to ensure that proper accounts are kept and the same is informed to the members of the company through AGMs, if tho......an.............................Appellant (In Civil Appeal No. 320 of 2008) Mejor Md. Akbar Hossain.....................Appellant (In Civil Appeal No. 321 of 2008) Vs. A. B. M. Khalequzzaman and others.........Respondents (In all cases). Judgment April 7, 2010. Cases Referred To- .......09.2008 passed by the High Court Division in Company Matter No. 1 of 2008 declaring the fixation of record date on 25.09.2005 for holding 20th, 21st and 22nd AGMs of United Commercial Bank Ltd. as illegal and directing United commercial Bank Ltd. to (a) prepare fresh balance sheets showing the paid..Category: Company Law | Date: | Hits: 191
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....fter obtaining an ad interim order of unction and loading the vessel with sand, how far contention that the plaintiff‑petitioner themselves released the vessel is correct, will be considered at the proper time, but it is not necessary to do so in disposing of this petition. As such, when specifica......s to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ...... defiance of the order of this Court directed the master to take the vessel to the private terminal of the defendant and since in spite of the order of injunction passed by this Court the defendant illegally took possession of the vessel, as such, in the interest of justice, the said vessel should b..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....in February, 1990 the petitioner was dispossessed from 3 decimals of said land. 6. Section 56(1) of the Wakfs Ordinance, 1962 provides as hereunder: "No transfer by a mutawalli of any immovable property of a waqf by way of sale, gift, mortgage or exchange, or by way of lease for a term exceedi...... once. Ed. This Case is also Reported in: 55 DLR (2003) 49.......petitioner and decreed the suit of opposite party No. 1. 5. I have perused the judgments of the Courts below and heard the learned Advocate for the petitioners. Fact of both the suits rests on the legal effect of the deed of lease admittedly granted by father of opposite party No.1 in favour of t..Category: Property Law | Date: | Hits: 27
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....arties in this case. The opposite party Nos.1‑4 were also restrained by an order of ad interim injunction from disturbing the peaceful possession of the plaintiff‑petitioner appellant in the suit property and respondent Nos. 1‑4 were directed also to accept the monthly rent and electricity bil......ourt High Court Division (Civil Appellate Jurisdiction) Present: Syed Amirul Islam J Sikder Maqbul Huq J Momena Begum....................Petitioner Vs. Dhaka City Corporation and others.................Respondents Judgment January 27, 2002. Case Referred To- Baha......tances lead to the irresistible conclusion that the opposite parties acted innocently with bona fide belief as per their record. 8. Before we embark upon the merits of the case let us consider the legal aspect of the case. It is now well settled that contempt of Court proceeding is a quasi crimin..Category: Property Law | Date: | Hits: 34
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....ion made by the learned Deputy Attorney-General having touched the very jurisdiction of this Court in exercising its power under the aforesaid provisions of the Criminal Procedure Code, we thought it proper to resolve the question first before proceeding with the case any further and in doing so we ......2007) 287. ......rder, shall, on such commencement, stand void and be of no effect." 16. He has also referred to the Indemnity Ordinance of 1975, being Ordinance No. LX of 1975, where restriction of taking any legal or other proceedings against persons in respect of certain acts and things were brought and th..Category: Criminal Law | Date: | Hits: 50
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....e security and no show cause notice was necessary for that purpose. He further contends that although no show cause notice is necessary but the Government issued show cause notice and after holding a proper enquiry the petitioner having been found guilty of violation of the terms of the contract ano......urt Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Zinat Ara J Abdul Malek (Md)……………………Petitioner Vs. Bangladesh and others……………Respondents Judgment April 12, 2006. Lawyers involved......itioner. MA Samad, Advocate—For Respondent Nos. 2, 3, 4 and 5. Writ Petition No. 1558 of 1997. Judgment Zinat Ara J.- In this Rule, the petitioner calls in question the legality of the order bearing Memo No. JFCI/BIPINON-27/FMC (Sherpur) 146 dated 13-21997 passed by ..Category: Civil Law | Date: | Hits: 74
Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)
....issues in a SCC suit are whether the relationship of landlord and the tenant exists between the parties. Whether a tenant defaulted in payment of rent etc. Even a co-sharer can let out his portion of properties to another co-sharer as a monthly tenant. There is no scope for deciding the issues regar......02. Judgment Zinat Ara J.- This Civil Revision under section 25 of the Small Cause Courts Act, 1987 is about the legality of order dated 24-10-2001 passed by the Senior Assistant Judge and the Court of Small Causes, Sadar, Mymensingh in Small Causes Court Suit No. 13 of 2000. 2......ot represented—the Opposite Party. Civil Revision No. 670 of 2002. Judgment Zinat Ara J.- This Civil Revision under section 25 of the Small Cause Courts Act, 1987 is about the legality of order dated 24-10-2001 passed by the Senior Assistant Judge and the Court of Small Cause..Category: Property Law | Date: | Hits: 37
Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)
....ict whenever he/she is apprehended sentence will run from the date of such apprehension. The Court is to see whether there is satisfactory explanation for not preferring the appeal or revision in proper time. It might be in the appeal the accused may be acquitted. Appeal is the legitimate right ...... State. Criminal Revision No. 555 of 2006. Judgment Sharifuddin Chaklader J.- This Rule at the instance of the convict appellant-petitioner who is in jail is against the judgment and order dated 15-3-2006 passed by the learned Sessions Judge, Munshiganj outright rejecting the ......oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ..Category: Criminal Law | Date: | Hits: 36
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