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....authority most wrongly discharged the Rule on the ground of infructuous occasioning irreparable loss and injury to the petitioner; that the High Court Division having not taken into consideration the facts and circumstances and documentary evidences of the Waqf Estate in question regarding right, ti......een J
Azam Khan Chowdhury Waqf Estate, represented by its Official Mutwalli-Al Haj Shah Shajiadur Rahman………………Petitioner
Vs.
The Government of the People's Republic of Bangladesh and others........Respondents
Judgment
January 23, 2008.
Lawyers Involved:
Nurul Islam B......le on the ground of infructuous occasioning irreparable loss and injury to the petitioner; that the High Court Division having not taken into consideration the facts and circumstances and documentary evidences of the Waqf Estate in question regarding right, title, interest and possession of the Waqf..
Category: Property Law | Date: | Hits: 71
Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)
.... sudden he received the order of dismissal dated 22-7-85 passed under Martial Law Order 9 of 1982 signed by the Secretary, Ministry of Communication. 3. The petitioner obtained this Rule upon such facts challenging the order on the ground the same has been passed without lawful authority and to d......me Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Zakir Ahmed J Lutfor Rahman……….. Petitioner Vs. Divisional Mechanical Engineer and others………Respondents Judgment February 11, 1998. Cases Referred To- Mahtabuddi...... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133...Category: Employment/Service Law | Date: | Hits: 78
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....was previously married to Arab Ali, when she underwent all the formalities of the Muslim marriage and consequently she is conversant with the essential requirements of a valid Muslim marriage. In the facts and circumstances of the case and the evidence on record, it is difficult to comprehend how su......………Petitioner Vs. Asia Begum ………Opposite Party Judgment June 9, 1998. Cases Referred to- Jalaluddin alias Badsha vs. State 36 DLR 119; Lukus Miah vs. State 43 DLR 230 and Abed Ali vs. State 43 DLR 366. Lawyers Involved: B Elias for Md. Mustafizur Rahman, Advoca...... and the same has occasioned failure of justice. 6. Mr. BN Elias has taken me through the impugned judgments. In the peculiar circumstances of the case Mr. Elias was allowed to place before me the evidence of the witnesses examined by the prosecution. To assure of a correct decision in the case i..Category: Criminal Law | Date: | Hits: 67
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....red all material aspects of the case and the points involved therein in the light of the evidence on record. I am satisfied that the learned Courts below properly applied their judicial mind into the facts and circumstances of the case and the evidence on record and arrived at correct findings with ......r Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125.......en falsely impleaded in the case. 5. At the trial the prosecution examined six witnesses and the defence examined none. The learned Magistrate on detailed discussion and proper appreciation of the evidence on record found the accused persons guilty under sections 447/323/354 of the Penal Code and..Category: Criminal Law | Date: | Hits: 68
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....der director of a defaulting borrower company had already transferred his shares, but subsequently was included in the CIB report in capacity of personal guarantor. 10. In 11 MLR 377 under similar facts and circumstances, another bench of the High Court Division held: “17. The underlying pur......Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nasim Anwar Hossain…………..... Petitioner Vs. Bangladesh Bank and others…………..... Respondents Judgment December 7, 2010. Cases Referred to- M......dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 167
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....dated 1.12.2008 passed by the Artha Rin Adalat, Khulna issuing warrant of arrest for his civil imprisonment in Artha Jari Case No.185 of 2006 (arising out of Artha Rin Suit No. 27 of 2006). 2. The facts leading to the present writ petition are that Islami Bank Bangladesh Ltd. and its Khulna Branc...... High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Md. Arif Gaffar…………..... Petitioner Vs. Artha Rin Adalat, Khulna and others..... Respondents Judgment December 2, 2010. Cases Referred to- Provat Kumar ......reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 169
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233.......on) Present: MM Ruhul Amin J Md. Munsurul Hoque Chowdhury J Islami Bank Bangladesh Ltd…………………………………..….Petitioner Vs. District Anti-Corruption Officer and another…………….Respondents Judgment July 5, 2001. Lawyers Involved: Ahsanul ...... the Act indicates while a legal proceeding is pending and an appropriate order is made by a Court or a Judge on any special cause only then contents of any Bankers Books can be produced or proved in evidence. 11. Section 6 of Bankers Books Evidence Act provides that if any party to a legal proce..Category: Anti-Corruption Laws | Date: | Hits: 153
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
.... the Government by its letter No. Beemak/Sha/301/95-2496 dated 14-10-1997 (Annexure-R) for awarding formal registration/Sanad to the University subject to withdrawal of this writ petition. And on the facts and the circumstances the Government is under obligation to award formal registration/Sanad to......Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Mozammel Hossain J Dhaka International University………………Petitioner Vs. Secretary, Ministry of Education and others…………………Respondents Judgment: February 14, 1999. Result: The Rule......s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ..Category: Others | Date: | Hits: 104
Norendra Chandra Dash and others Vs. Md. Solaiman Chowdhury & others, 1997, 26 CLC (HCD)
....aracter. But in the instant case the application for amendment of the plaint does not in any way tend to change the nature and character of the suit. The Rule is not opposed. 10. In view of the facts, circumstances, and the materials on record I am of the opinion that the learned Additional As......et aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ...... In the result, the Rule is made absolute. The impugned order dated 2-3-91 is thus set aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ..Category: Property Law | Date: | Hits: 98
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
....li should not be declared to have been passed without lawful authority and why direction should not be made for quashing proceedings against the petitioner in GR Case No.1 of 1983. 2. The relevant facts are that the petitioner entered Government Service in 1967 as Typist and subsequently became S......ivision (Special Original Jurisdiction) Present: Syed Amirul Islam J SAN Mominur Rahman J Muhammadullah……………………………………Petitioner Vs. Sessions Judge and others………………………..Respondents Judgment November 18, 1998. Cases Ref...... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374...Category: Criminal Law | Date: | Hits: 56
....For the Petitioner.
Shuab Ahmed, Assistant Attorney-General-For the State.
Criminal Revision Case No. 874 of 1994 with Criminal Revision Case No. 875 of 1994.
Judgment
SK Sinha J.- Since facts and points of the law involved in these Rules are identical they were taken up together for he......he Petitioner.
Shuab Ahmed, Assistant Attorney-General-For the State.
Criminal Revision Case No. 874 of 1994 with Criminal Revision Case No. 875 of 1994.
Judgment
SK Sinha J.- Since facts and points of the law involved in these Rules are identical they were taken up together for hearing ......the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231...
Category: Labour and Industrial Law | Date: | Hits: 184
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....it has been found that: “A Hindu can therefore create an oral dedication of immovable property in favour of an idol.” This proposition of law decided in the said decision is not applicable in the facts of the present case. The learned Advocate for the appellant also relied on the case of Karam I...... 51 DLR (HCD) (1999) 77. ......ma filed in that suit is collusive and void. Accordingly, this defendant prayed for dismissal of the suit. 4. The learned Subordinate Judge on consideration of the pleadings of the parties and the evidence on record dismissed the suit on contest against the defendant No. 3 with cost and ex parte ..Category: Property Law | Date: | Hits: 51
.... order contained in Memo No. 485/DAB(Dhaka) dated 8-4-96 (Annexure-A) issued by respondent No. 2 should not be declared to have been made without lawful authority and is of no legal effect.
2. The facts leading to the issuance of the Rule may be summarised as follows:
The petitioners are full......s Case is also Reported in: 51 DLR (HCD) (1999) 72.
...... Article it appears that the same will be attracted only, if the proceedings start with an accusation and the person who seeks its protection is already an accused person when he is compelled to give evidence and make statement. It has already been noticed that the learned Metropolitan Magistrate by..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
.... of the petitioner company and they shall not be directed to refund the excess rates realised in contravention of the Schedule of Charges to the petitioner. 2. The Rule arises out of the following facts. The petitioner No. 1 QC Shipping Limited, a limited company, is the sole agent of QC Containe......also Reported in: 51 DLR (HCD) (1999) 64. ......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
....nd the concerned Minister referred the matter to the Additional Deputy Commissioner (Rev), Narayanganj for report and the ADC on 21-10-99 informed the Secretary, Ministry of Land stating the material facts referring the prayer of the petitioner for release of the land. The petitioner having no respo......se is also Reported in: 52 DLR (HCD) (2000) 367. ...... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ..Category: Criminal Law | Date: | Hits: 37
Shaheb Ali & others Vs. State, 2000, 29 CLC (HCD)
....s into Bangladesh. So, the allegation as made against the accused appellants also does not come within the purview of the provision of section 25B of the Special Powers Act. 7. In this view of the facts and the circumstances of the case and our discussions as above, we find that the learned Sessi...... of 1999. Judgment Md. Ali Asgar Khan J. - This appeal under section 30(1) of the Special Powers Act, (Act XIV of 1974) arises out of the order dated 3-2-99 passed by the learned Sessions Judge and Special Tribunal No.1, Rangpur in Special Tribunal Case No. 30 of 1998 pending in the Court for ......bmits that the learned Special Tribunal disregarding the FRT submitted by the police framed charge against the accused-appellants and that the same is liable to be set aside as there is absolutely no evidence that the seized 6 bottles of Phensidyl were recovered from their possession or it was found..Category: Criminal Law | Date: | Hits: 47
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....risdiction viz. AIR 1968 (SC) 1186, AIR 1962 (SC) 1621 para 15, AIR 1980 (SC) 1986. We have considered the cited decisions and we are of the opinion that those decisions have no relevance at all, the facts are quite distinguishable from those of the present case. 11. Lastly, it has been contended......his Case is also Reported in: 52 DLR (HCD) (2000) 362. ......ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....Constitution arises out of the impugned departmental proceeding and order dated 18-3-95 issued by the President, Taxes Appellate Tribunal, Dhaka suspending the petitioner as per Annexure K. 2. The facts so far as it is necessary to determine the point of law are that the petitioner is a Governmen......l—For the Respondents. Writ Petition No. 1316 of 1995. Judgment Md. Awlad Ali J. - This Rule issued under Article 102 of the Constitution arises out of the impugned departmental proceeding and order dated 18-3-95 issued by the President, Taxes Appellate Tribunal, Dhaka suspending the peti......ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358...Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....de without lawful authority and of no legal effect and/or unconstitutional and in violation of the petitioner’s fundamental rights guaranteed under Articles 27 and 31 of the Constitution. 2. The facts as stated in the petition are that Madina Tannery of which the petitioner is the proprietor, i......rnment of the People’s Republic of Bangladesh & another……………Respondents Judgment November 30, 1999. Cases Referred To- Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56; Associate Provincial Picture Houses Ltd. Vs. Wednesbury Corporati......foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ..Category: Others | Date: | Hits: 95
Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)
....Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ......y affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ...... statement extracted by force. He admitted that two baitha as one broken baitha were seized from the place of occurrence. He denied that the investigation was at done properly. 19. This is all the evidence adduced by the prosecution. Defence examined 2 DWs in this case. 20. DW 1 is Jaher Miah...Category: Criminal Law | Date: | Hits: 55
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