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Ghyas Siddique Vs. Bangladesh, 1990, 19 CLC (HCD)

....the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ......the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ......�………….....................................Petitioner Vs. Bangladesh, represented by the Secretary of Home Affairs............Respondent. Judgment April 17, 1990. Cases Referred to- Dr. Nurul Islam Vs. Bangladesh 33 DLR (AD) 201; State of Bihar Vs. Rai Bahadur Hurdut Roy ......(c) of the Special Powers Act, 1974 prohibiting publication of future issues of the "Daily Meillat" with effect from 2nd December, 1989 should not be declared to have been made and issued without any lawful authority and should not be set aside as illegal on grounds, inter alia, of it being arbitrar..

Category: Criminal Law | Date: | Hits: 71

Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)

....jor penalty he should not be awarded comparatively higher major penalty without giving him any opportunity to show cause for infliction of such higher major penalty following the principle of natural justice. 11. When a person is removed from the service under Rule “৪০(১) (খ) (ই)” h......�)(ই)”provides for dismissal (বরখাস্ত) from service. In the REB Service Rules, 1990 there is no definition of removal (অপসারণ) and dismissal (বরখাস্ত). But according to the REB Service Rules, there is some difference between dismissal and removal as to the......Mrs. Sufia Khatun, Advocate-On-Record- For the Petitioner. Syed Mahbubar Rahman, Advocate-On-Record-For the Respondent No.1. Not Represented-the Respondent Nos.2-5. Civil Petition for Leave to Appeal No.1841 of 2009. Judgment Md. Muzammel Hossain J. - This petition for leave to appea......owers for the package-1 and package-3 respectively. But the respondent No.1 without factory inspection and observation of the said destruction test for other two companies and outside his authority unlawfully approved M/S JV Desh Engineering and Development Agency and M/S Simon Inter Trade Pvt. Co. ..

Category: Employment/Service Law | Date: | Hits: 175

Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)

....transferred the suit to the said Court of Bhaluka for disposal and in that view of the matter the learned Munsif committed an error of law resulting in an error in his decision occasioning failure of justice in holding that the suit is not maintainable in its present form. 4. Mr. Serajul Hoque, t......iction of Bhaluka Upazila Munsif. A petition was also filed on behalf of the plaintiffs on 20.9.86 asserting that the suit is maintainable and it can very well be tried by the Munsif, Bhaluka Upazila according to law. The learned Munsif after hearing the parties by his order dated 20.9.86 held that ......ed ‑ the Opposite Parties. Civil Revision No. 805 of 1987. Judgment Habibur Rahman Khan J. - This Rule was issued at the instance of the petitioners calling upon the opposite parties No. 1 to 4 to show cause as to why the Order No. 47 dated 20.9.86 passed by the learned Munsif, Bhaluka in......luka Upazila Munsif. A petition was also filed on behalf of the plaintiffs on 20.9.86 asserting that the suit is maintainable and it can very well be tried by the Munsif, Bhaluka Upazila according to law. The learned Munsif after hearing the parties by his order dated 20.9.86 held that the suit is n..

Category: Procedural Law | Date: | Hits: 102

Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)

....the order in this Rule. 3. Appearing on behalf of the petitioner Mr. Nurul Huq, submits that the Tribunal has committed an error of law resulting in an error in the decision occasioning failure of justice in not dismissing the election petition for noncompliance with rule 44(3) of the Rules in th......tion petition on the ground that the deposit was not in compliance with the rule 12(5) of the Rules. The election Tribunal took the view that there has been a substantial compliance with the rule and accordingly overruled the objection, by an order dated 27.9.88. Being aggrieved the petitioner has c......y J Abdul Kader (Md.).......................................Petitioner Vs. Md. Abdul Rafi Prodhan and other.................Opposite Parties. Judgment June 20, 1989. Cases Referred to- K Kemaraja Nadar Vs. Khunju Thevar and others, AIR 1958 (SC) 687=1959 SCR 583; Murarka Radhe...... aggrieved the petitioner has called in question the legality of the order in this Rule. 3. Appearing on behalf of the petitioner Mr. Nurul Huq, submits that the Tribunal has committed an error of law resulting in an error in the decision occasioning failure of justice in not dismissing the elect..

Category: Election Law | Date: | Hits: 130

Kadu and others Vs. State, 1990, 19 CLC (HCD)

....de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......with whom they had enmity over land. Their plea is that the occurrence, which led to the murder of Asak Ali, did not take place at the time, place and the manner alleged by the prosecution. Asak Ali, according to the plea, might have been killed elsewhere in the darkness of night. 7. Mr. Md. Sira................................ ..Respondent. Judgment January 4, 1990. Lawyers Involved: Serajul Huq with SAM Mahbub Elahi, Advocates ‑For the Appellants. AKM Shamsul Karim, Assistant Attorney‑ General ‑For the State. Criminal Appeal No. 265 of 1978. Judgment Md. Badruzzam......ppellants was illegal, we may refer to sub‑section (1) of section 6 of the Children Act, 1974 which reads as follows: "Notwithstanding anything contained in section 239 of the Code or any other law for the Lime being in force, no child shall be charged with, or tried for, any offence together ..

Category: Criminal Law | Date: | Hits: 74

Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)

....ihir Kanti Majumder, learned Advocate for the plaintiff‑petitioner, submits that the Appellate Court below has committed an error of law resulting in an error in the decision occasioning failure of justice in reversing the decree without reversing, the findings arrived at by the Trial Court and wi......he Specific Relief Act having been made out by the defendant No. 1 at the trial, the legal course was to decree the suit. For the reasons stated above, I find sufficient substance in the Rule and, accordingly, I make the Rule absolute and set aside the judgment and decree of the lower Appellate C......es not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......74, was not made party in the suit. Hence, this Rule. 8. Mr. Mihir Kanti Majumder, learned Advocate for the plaintiff‑petitioner, submits that the Appellate Court below has committed an error of law resulting in an error in the decision occasioning failure of justice in reversing the decree wit..

Category: Property Law | Date: | Hits: 64

Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)

....allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155.......allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155....... J Anwar Hossain Majhi.....................................Petitioner Vs. Government of Bangladesh & others...............Respondent. Judgment December 5, 1989. Cases Referred to- 1981 BLD (AD) 196 Md. Abdul Hai Bhuiyan Vs. Secretary, Ministry of Local Government, Rural D......ccessful in keeping him out of the office for most of the period in connivance with the local Government machineries. Thus, it is claimed that such order of suspension ex facie cannot be sustained in law as the same does not manifest the formation of the Government's opinion for his suspension in vi..

Category: Election Law | Date: | Hits: 121

Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)

....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......inion that the impugned order passed by the respondent No. 2 is illegal and without lawful authority and in this view of the matter the petitioner succeeds in this writ petition. 18. The Rule is, accordingly, made absolute. The impugned order passed by the respondent No. 2 vide Memo. No. Sec. 5/............................................ Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works and others.......Respondents. Judgment August 20, 1990. Cases Referred to- 16 DLR (SC) 453, 17 DLR (SC) 457, 14 CWN 31; 87 CIJ 217. Lawyers Involved: MI Farooqu....... Sometime in 1971 she went to Karachi with tier children for attending a social function there and before her return from Karachi Bangladesh became independent on 16th December, 1971. In view of the law and order situation then prevailing in Bangladesh and the then Pakistan she could not immediatel..

Category: Property Law | Date: | Hits: 78

Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)

....along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137....... J Kazi Ebadul Hoque J Kamaluddin Chowdhury................Accused‑Petitioner. Vs. Mashiudwllah and another............Opposite Parties. Judgment August 6, 1990. Case Referred to- Kalipada Saha Vs. The State, 1985 BLD (AD) 278. Lawyers Involved: Azizul Haque Chowdhu...... with the technicalities of Labour disputes in the. only competent Court to try such special offence and under the provision of section 29 of the Code of Criminal Procedure offences under the special law shall be tried by the Court mentioned in the special law and as such jurisdiction of the Upazila..

Category: Criminal Law | Date: | Hits: 69

Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)

....its that the learned Judges of the High Court Division failed to appreciate the facts and circumstances of this case in its true perspective as a result of which there has been serious miscarriage of justice since the place of occurrence with regard to Money Suit No.2 of 2005 instituted by the plain......urts having jurisdiction to try these suits. We are of the view that the word "competent" in Section 24 refers to "pecuniary jurisdiction" only and not "territorial jurisdiction". In the instant case according to the respective plaintiffs both the suits were filed before the Courts of Joint District......953 Ori 46. Lawyers Involved: Mansur Habib, Advocate, instructed by Md. Mazibar Rahman, Advocate-On-Record- For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 80 of 2010. Judgment Md. Muzammel Hossain J. - This civil petition for leave to ......balance of convenience of the parties, bias in a Judge causing reasonable apprehension of not getting justice, embarrassment of the Court, environment not congenial to fair trial, common question of law and facts raised in the suits, a question of interpretation of law and constitution of far-reach..

Category: Civil Law | Date: | Hits: 113

Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)

....aused for non-application of the mind of the trial judge. If such type of procedural defect is not allowed to be cured and the accused is acquitted for such procedural defect that will cause great, injustice to the informant side who brought the matter before the Court of law for justice. 11. T......ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......t Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......Code against all the 4(four) accused persons. The charge was read over and explained to the accused present in the dock, namely, Sohel and Hannan who pleaded not guilty and claimed to be tried as per law. The other 2(two) accused Hanif and Mannan being absconding from the very inception of the case ..

Category: Criminal Law | Date: | Hits: 84

State Vs. Keramat Ali & another, 2010, 39 CLC (AD)

....rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......espondents guilty of the charge under sections 302/34 of the Penal Code and sentenced them to imprisonment for life. He, however, found the other accused not guilty of the charge and acquitted them accordingly. 5. On appeal from the said judgment in order of conviction being criminal appeal No.......��……………………...Appellant Vs. Keramat Ali & another ...........................Respondents Judgment August 11, 2010. Lawyers Involved: Zahirul Hoque Zahir, Deputy Attorney-General instructed by B Hossain, Advocate-on-Reord—For the Appellant. Abdul Basel Majumd......doubt only because there is allegation of causing injuries by other accused persons but the medical evidence does not corroborate the injuries inflicted by other accused is not a sound proposition of law. The learned Sessions Judge assigned reason and discarded the evidence of P.W.s 2, 3, 4, 5 and..

Category: Criminal Law | Date: | Hits: 90

Abdul Hannan Khan (Md.) Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1990, 19 CLC (HCD)

....ioner on 3.8.89. For this reason he submits that by contravention of the provision of Rule 7(2) by simultaneously appointing an Inquiry Officer, there has been a contravention of principle of natural justice inasmuch as the Petitioner has been deprived of his initial right of submitting directly to ......charge and if after such consideration, the authority is of the opinion that- (a) there is no good ground for proceeding against the accused, it shall withdraw the charge and the proceeding shall accordingly be disposed of. (b) there is good ground for proceeding against the accused but the a.....................................Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others..............Respondents. Judgment March 19, 1990. Cases Referred to- SP Sampath Kumar Vs. Union of India, AIR 1987 SC 386; Md. Serajul Islam Vs. Director General......uring the examination of witnesses on 16.9.89 in respect of the charge framed against the petitioner and the departmental proceedings pursuant thereto should not be declared to have been made without lawful authority and to be of no legal effect. 2. The petitioner in his petition has stated that ..

Category: Employment/Service Law | Date: | Hits: 79

Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)

....or to accord permission to work as specified in the application under Order 39 rule 4 and section 151 Of the Code of Civil Procedure it was imperative for the learned Subordinate Judge to do complete justice in the case and he has erred in not modifying the order of injunction under Order 39 rule 4 ...... behalf of the plaintiffs that they would not make any further construction on the disputed suit plot No. 2205 during the pendency of the suit, the application for temporary injunction be disposed of accordingly." 7. Being aggrieved by the order dated 13.7.86 the defendant No. 12 filed Miscellane...... as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......ertaking given by a party, its order amounts in substance to an injunction restraining him from acting in breach thereof, and the Court has jurisdiction to deal with the breach of such an order." The law laid down in this case obviously does not help the plaintiffs. 16. In 20 DLR (HCD) 501 it has..

Category: Procedural Law | Date: | Hits: 84

Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)

.... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ......ittle scope to interfere with the impugned judgment and decree under section 115 of the Code of Civil Procedure. 12. In such view of the matter I do not find any substance in this Rule and same is accordingly discharged. The plaintiff is, however, entitled to get back her money from the defendant......dur Rouf J Durgarani Sarkar ....................................Petitioner Vs. United Bank of India Ltd. and others..........Opposite Parties. Judgment June 28, 1989. Cases Referred to- HN Fabrics Ltd. Vs. Mallick Textile Industries and others, 37 DLR (AD) 126. Lawyers Invol......efendant bank that there had been a contract for sale only with respect of 0.01 ‑ 1/4 acre of land out of the disputed land with the plaintiff, the learned Appellate Court had committed an error of law in making out a third case in holding That there was no contract in between the parties which co..

Category: Property Law | Date: | Hits: 70

Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)

....n 16 of the Small Cause Courts Act since the legislature intended to cure such defect by taking recourse to the provision of Order 46 rule 7(2) of the CP Code. So, unless it is found that substantial justice has not been meted out by the Court who tries the suit, the, decree cannot be set aside simp......roversy before the Trial Court was whether the defendants were habitual defaulter and whether the tenancy was determined by the service of notice under section 106 of the Transfer of Property Act and accordingly they are liable to be evicted from the suit premises. Both the Courts below have found t......an J Wahida Rashid (Most) and another....................Petitioners Vs. Miron Muhammad Zahidul Hoque......................Opposite Parties. Judgment August 16, 1990. Cases Referred to- Chockia Thevar Vs. Shanmugasundaram Chetliar and another, AIR 1965 (Madras) 610; Chief Kwame...... of Small Cause Courts under section 15 of the Small Cause Courts Act as the suit falls within the exception specified in the 2nd schedule of the Act. There is no controversy with this proposition of law. 6. MA Rahim, the learned Advocate appearing for the defendants‑petitioners, impeached the ..

Category: Property Law | Date: | Hits: 66

Sheikh Mohd. Salimullah Vs. Shafiqul Alam, 1990, 19 CLC (HCD)

....as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......n Chowdhury J Sheikh Mohd. Salimullah.....................Petitioner Vs. Shafiqul Alam ...................................Opposite Party. Judgment September 19, 1990. Cases Referred to- 23 DLR 113, 42 DLR 140, 1984 BLD (AD) 8, 1981 BCR 450. Lawyers Involved: M Gholam Rab......al suits shall have to be decided on its own merit. The learned Advocate further submits that the only duty of the House Rent Controller is to see whether the deposit is being made in accordance with law and he cannot decide the point of default. 6. Admittedly both the suits were filed for ejectm..

Category: Property Law | Date: | Hits: 66

Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)

....ns as for instance where the very vires of the statute is in question or where private or public wrongs are so inextricably mixed, up and the prevention of public injury and the vindication of public justice require it that recourse may be had to Article 226 of the Constitution. But then the Court m......008 and directed the judgment-debtor to file order of the High Court Division staying further proceedings of the case. 7. The judgment-debtor could not file any order of stay on the date fixed and accordingly the Adalat fixed 21st April, 2008, on which date, the judgment-debtor renewed his prayer...... Fariduddin Mahmud...........................................Appellant Vs. Md. Saidur Rahman and others ...........................Respondents Judgment June 10, 2010. Cases Referred to- Lindsay Petroleum Vs. Prosper Armstrong Hurd (1874)5 PC 221; Antibiotic Stores Vs. Subordinat......led for under article 102(2) of the constitution where a party completing fraud had no other effective remedy available or where a claim for refund of excess payment of taxes without authority of law or violation of the constitution and in such cases a suit for claiming the excess payment is not..

Category: Civil Law | Date: | Hits: 113

Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)

....filed representation against the order of retirement as aforesaid and filed another reminder on 22.2.89 but the respondents did not pay heed to it. The petitioner finally served a notice of demand of justice on 24.9.89 but the demand having not been complied with, the petitioner thereafter obtained ......ght. It seems that, in general, where one party has, by his words or conduct, made to the other a promise or assurance which was intended to affect the legal relations between them and to be acted on accordingly, then, once the other party has taken him at his word and acted on it, the party who gav......hondker Amir Hossain with MA Tariq, Advocates ‑For the Respondents. Writ Petition No. 1007 of 1989 Judgment Muhammad Fazlul Karim J.- This rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 6.9.88 (Annexure A) issued under the signature of t......t No.2, the General Manager (Administration) Bangladesh Parjatan Corporation, retiring the petitioner before attaining the age of superannuation should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The case of the petitioner, in brief, is that s..

Category: Employment/Service Law | Date: | Hits: 88

Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)

....the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ......the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ......f namely, Khogendra Kumar Shil was examined‑in‑chief but unfortunately he died before he could be cross‑examined. An application was thereupon filed from the side of the petitioner for an order to have his deposition expunged as being inadmissible. The trial judge, by the impugned order dated ......ble reason. 10. In the instant case, there is no denying that the evidence of Khagendra Kumar Shil was admissible when he was examined and so his deposition could not be treated as inadmissible in law. In that view of the matter I am unable to hold that the trial Judge in making the impugned orde..

Category: Procedural Law | Date: | Hits: 91

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