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Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....vidence on record, both ocular and documentary. The only point for determination in the Rules for me now is to see whether the learned District Judge committed any error of law occasioning failure of justice in passing the impugned judgments. 12. On careful scrutiny of the impugned judgment passe......ilure of justice so as to justify interference by this Court exercising revisional power under sections 115(1) of the Code of Civil Procedure, I, therefore, find no merit in the Rules which must fail accordingly. 17. In the result, the two Rules are discharged without any order as to cost and the......agong in Other Suit Nos. 49 of 1976, 130 of 1976 and 87 of 1979, whereby Other Suit Nos. 49 of 76 and 130 of 76 were decreed and Other Suit No. 87 of 79 was dismissed on contest. 2. No one appears to support the Rules. 3. These Rules have been pending for disposal for over 16 years and all fur......urt and obtained the present Rules. 10. In view of the fact that the two Rules arise out of the same judgment, I am inclined to dispose of these Rules by a single judgment, as similar questions of law and facts are involved in the rules. 11. I have carefully gone through the impugned judgments..Category: Civil Law | Date: | Hits: 69
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405.......s most illegally arrested at first under section 54 of the Code of Criminal Procedure with a view to detain him subsequently under section 3(2) of the Special Powers Act, 1974. This manner of arrest, according to him, is not permitted by law. We cannot accept this contention of Mr. Islam. It is true......desh 44 DLR 317; Habiba Mahmud 54 DLR (AD) 89; H Saha vs. State of West Bengal AIR 1974 (SC) 2124. Lawyers Involved: M Amirul Islam, Advocate — For the Petitioner. Zaman Akter, Assistant Attorney-General— For the State. Writ Petition No. 6911 of 2001. Judgment Md. Hamidul Haque......e detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful authority. 2. Mr. Amirul Islam, who appeared in support of the Rule, at first has argued t..Category: Criminal Law | Date: | Hits: 60
Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)
....e a written order stating the reasons for making the order and the authority is also required to furnish a copy of the order on demand. We find from the annexure-‘C’, copy of the notice demanding justice that formal request was made on behalf of the petitioner to make available to him copies of ...... because in this case we have found that no formal order of impounding the passport of the petitioner was communicated to the petitioner and, as such, there was no scope of preferring any appeal. So, according to us, the writ petition can be maintained. In the result, the Rule is made absolute. I......or the Petitioner. Abul Khair Azim, Advocate — For the Respondent. Writ Petition No. 6035 of 2001. Judgment Md. Hamidul Haque J. - This Rule Nisi was issued calling upon the respondents to show cause as to why impounding of the petitioner’s passport, (bearing No. Q0506331) issued on ...... 1254 dated 23-10-2001 issued by respondent No.1 as evidenced by the receipt dated 23-10-2001 granted by the respondent No. 4 upon taking his passport (Annexure-A) shall not be declared to be without lawful authority and of no legal effect. 2. Mr. Rokanuddin Mahmud appeared on behalf of the petit..Category: Others | Date: | Hits: 102
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
....n his order dated 12-9-84. 9. It is contended by the learned Advocate that the orders dated 14-7-84 and 16-9-84 were passed behind the back or the petitioners and thereby there has been failure of justice. The order could be corrected by the learned trial Court on the application filed by the pet......re not informed about the arrival of the record of the case from the High Court Division and by filing another applications the petitioner prayed that he may be allowed to deposit the money by chalan according to the order made by the High Court Division in First Miscellaneous Appeal but the petitio....... 818 of 1986. Judgment Md. Awlad Ali J. - This Rule arises out of judgment and order dated, 15-7-86 passed by the Additional District Judge Noakhali in Miscellaneous Appeal No. 153/84 refusing to interfere with the order dated 16-9-84 passed in Miscellaneous Case No. 324/80 recording the orde......ction 151 of the CPC as it is evident from the order dated 14-7-84 that the proper information to the petitioners as to the arrival of the case record was not made in accordance with the provision of law and it was incumbent upon the trial Court to communicate to the petitioner as to the arrival of ..Category: Procedural Law | Date: | Hits: 62
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
.... the same time the plaintiff’s pressed their action for infringement which had been commenced earlier. Megarry J, refused a stay, observing that a stay should only be granted where the interests of justice (taking into account the claims of both parties) required it. If an injunction were obtained......he Trade Mark Journal, and the Trade Mark Registry after considering the objection filed by the plaintiff has granted registration of the trade mark Ghadi and thereby this suit became infructuous and accordingly, the order of temporary injunction is liable to be set aside, and further, since the Reg...... the application of the plaintiff respondent under Order XXXIX rules 1 and 2 CPC and also rejecting the application of the defendant filed under Order VII rule 11 CPC. 2. The plaintiff, the proprietor of Zakir Soap Factory, filed the aforesaid Title Suit No. 3 of 1999 praying for an order of perm......ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394...Category: Intellectual Property Law | Date: | Hits: 200
Abul Member and Abul Hussain Vs. Secretary, Ministry of Home Affairs and others, 2002, 31 CLC (HCD)
....tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392.......tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392....... To- Habiba Mahmud vs. Bangladesh & others 45 DLR (AD) 89. Lawyers Involved: Md. Ozair Farooq with Monowar Hassain, Advocates—For the Petitioner. ABM Waliur Rahman Khan, Assistant Attorney- General—For the State. Criminal Miscellaneous Case No. 3159 of 2002. Judgment Md......ty by their activities and thereby making the life of the miserable. On this ground the detaining authority issued the detention order detaining the detenu for a period of 30 days for maintaining the law and order situation in the locality who is a terror in Kamrangirchar Police Station of the city ..Category: Criminal Law | Date: | Hits: 22
....rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 497.......Inquiry Committee was formed comprising three members and the Inquiry Committee submitted its report with the recommendation for removal of the writ-petitioner, that the school wrote to the Board for according permission for removal of the writ-petitioner from service, but the Board did not approve ......y a Division Bench of the High Court Division in Writ Petition No.1911 of 2004 making the Rule absolute. The writ petition was filed impugning the Memo. No.998(8) dated September 16, 2003 (Annexure-K to the writ petition) of the office of the Inspector of Schools, Secondary and Higher Secondary Educ......the writ-petitioner to join in his service. It has lastly been submitted that the Bangladesh Rifles School and College being not a local authority or that being not an Organization established by the law and as such the writ petition being not maintainable against the Bangladesh Rifles School and Co..
Category: Employment/Service Law | Date: | Hits: 133
Managing Director, Bangladesh Krishi Bank Vs. Gopal Chandra Nath and others, 2010, 39 CLC (AD)
....nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494.......t and allowed him to get the arrear benefits. 8. It further appears that the judgment of the Administrate Appellate Tribunal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in:...... (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Managing Director, Bangladesh Krishi Bank, Head Office, 83-85, Motijheel Commercial Area, Dhaka-1000 and another........and order dated 15.03.2004 directing the petitioner to reinstate the respondent in service with all arrear pay and benefit of seniority in service and other financial benefits as admissible under the law. 4. Being aggrieved by the judgment and order of the Administrative Tribunal the present peti..Category: Administrative Law | Date: | Hits: 258
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
.... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ......ve stolen the paddy worth Taka 4,000 and sold the same to that mill. The informant then and lodged the first-informant then went to Kotwali PS on 24‑1‑1978 and lodged the first information report accordingly. 4. Police submitted charge-sheet against five accused-appellants and another Selim u......, 2002. Case Referred To- Osman Gani and others Vs. State, 54 DLR (AD) 34. Lawyers Involved: Not represented ‑ For the Appellants. Md. Iqbal Kabir and Md. Alamgir Kabir, Assistant Attorneys-General‑ For the State. Criminal Appeal No. 124 of 1985 with Criminal (Jail) Appeal No.......PW 3 Selim has not been corroborated by any independent witness. We have also mentioned that both the confessional statements marked Exhibits 2 and 3 are exculpatory. This is the settled principle of law that the confessional statements of any kind or nature, not to speak of exculpatory one, are not..Category: Criminal Law | Date: | Hits: 35
Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
....t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156.......t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156.......2. Both the appeals are disposed of by this Judgment. 3. The case of the plaintiff appellant-bank is that the defendant-respondent No. 1 is a firm of which defendant-respondent No. 2 is its proprietor. The defendants had a current account with the plaintiff-bank and during the course of business ......inding, the High Court Division allowed the appeal and set aside the Judgment and decree dated 29‑8‑1987 and the case was sent back on remand to the trial Court for fresh trial in accordance with law. Further, the High Court Division directed the trial. Court to register the counter‑claim as "..Category: Civil Law | Date: | Hits: 101
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
....handaker, the learned Counsel appearing for the petitioner, submits that the learned Joint District Judge erred in law in passing the impugned order arbitrarily and the same has occasioned failure of justice. The learned Counsel further submits that the learned Joint District Judge erred in law in r......oning failure of justice so as to justify interference by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure. We find no merit in the revision, which must fail accordingly. 13. In the result, the Rule is discharged without any order as to cost. The impugned......fs instituted Other Class Suit No. 48 of 1991 before the 1st Court of Joint District Judge, Chittagong for declaration of title in the suit property. In course of time, the suit became ripe for peremptory hearing and the contending parties adduced evidence in support of their respective cases. At ab......9‑02, the petitioner moved this Court and obtained the present Rule. 6. Mr. NH Khandaker, the learned Counsel appearing for the petitioner, submits that the learned Joint District Judge erred in law in passing the impugned order arbitrarily and the same has occasioned failure of justice. The le..Category: Property Law | Date: | Hits: 31
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
.... simply that they are innocent. Under these circumstances it cannot be said that because of general questions put to the accused while examined under section 342 Cr.P.C. any miscarriage or failure of justice has been caused and, as such, there arises no question of prejudice to the accused in the tr......e taken by the Court and thereafter case record was sent to the Sessions Judge, Chandpur. Wherein it was registered as ST Case No. 2 of 1991. Accused Suruj and Sadek Ali still remained absconding and accordingly state defence lawyer was appointed for those two absconding accused at the trial. 6. ...... State, 28 DLR (AD) 35; State Vs. Lalu Miah, 39 DLR (AD) 117. Lawyers Involved: Abdul Barek Chowdhury with Md Ruhul Amin, Advocates‑ For the Appellants. ABM Waliur Rahman Khan, Assistant Attorney- General with Shamim Ara Dora. Assistant Attorney-General‑ For the State. Criminal A......hereafter case record was sent to the Sessions Judge, Chandpur. Wherein it was registered as ST Case No. 2 of 1991. Accused Suruj and Sadek Ali still remained absconding and accordingly state defence lawyer was appointed for those two absconding accused at the trial. 6. Hearing parties charge und..Category: Criminal Law | Date: | Hits: 34
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ......ons in connection with the affairs of the Republic or of a local authority in imposing and realising royalty and licence fees every year, the present writ petition is not maintainable and the Rule is accordingly liable to be discharged on that account. 6. The petitioner himself appeared in person......the Constitution of the People's Republic of Bangladesh, issued at the instance of the petitioner, a subscriber of the Grameenphone No. 017528070 and a practicing Advocate of the Supreme Court, seeks to impugn the imposition and realisation of royalty and licence fees every year as unlawful and with......e petitioner, a subscriber of the Grameenphone No. 017528070 and a practicing Advocate of the Supreme Court, seeks to impugn the imposition and realisation of royalty and licence fees every year as unlawful and without jurisdiction. By the same rule the respondents were called upon to show cause why..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10.......res of land to the appellants. The High Court Division did not reverse those findings. It is also apparent from the claim of the respondent No. 1 that this exhibit-1 has been acted upon, inasmuch as, according to him the C.S, S.A., R.S. records in respect of the suit lands are wrong, which claim pro......pondent Nos.1 and 3, and Isthana Miah, the father of the respondent No. 2 owned .11 acres of land each through Ramjan Khan, the C.S. recorded owner. Said Alia Baksha transferred his .11 acres of land to Abdul Mannaf Munshi who thereupon transferred .07 acres of land out of the said lands by register......g exhibit-1 as evidence. In view of the above, Mr. Bhuiyan submits that in the absence of objection as to the formal proof of exhibit-1 at the earliest point of time, the High Court Division erred in law in disbelieving he transfer of .07 acres of land by Abdul Mannaf Munshi in favor of Nasaruddin a..Category: Property Law | Date: | Hits: 36
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......in his own right, as the owner of the goods, but as the agent of the hypothecatee. 15. In exhibit 1 the Banks acknowledged its' status as agents of the plaintiffs and transacted with the defendant accordingly. Section 182 of the Contract Act defines 'agent' and 'principal' such as, "An 'agent' is......rance Company Ltd..........................Appellant (In all the cases). Vs. M/s. Islam Steel Mills Limited and another......Respondents (In Civil Appeal No. 63 of 2002). M/s. Karnaphuli Cotton Mills Limited and another...................Respondents (In Civil Appeal Nos. 64 & 65 of 200...... dealings with third person. In these cases the Banks opened the policies on behalf of the plaintiffs and acted as agents of the plaintiffs. Sections 226, 227 and 228 of the Contract Act lay down the law as to how far a principal is bound by the contract of the agent. Section 229 specifies the cases..Category: Business or Commercial Law | Date: | Hits: 212
Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474.......sed punishment mentioned in the show cause notice and pointed out the illegalities in the holding of the inquiry but the authority was not satisfied with the reply to the second show cause notice and accordingly he was dismissed from service. Against which the petitioner filed the Tribunal Case. ......10. Lawyers Involved: Alhaj Gias Uddin Ahmed, Advocate, instructed by Md. Taherul Islam, Advocate-on-Record-For the Petitioner. Not represented - the Respondent. Civil Petition for Leave to Appeal No. 1956 of 2009. (From the judgment and order dated 05.07.2009 passed by the Administr......denying the statements made by the petitioner and asserting that the petitioner was found guilty against the charges both in the departmental inquiry as well as by the authority, as per provisions of law and accordingly he was dismissed in accordance with law. 4. The learned Tribunal on considera..Category: Administrative Law | Date: | Hits: 192
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
.... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ...... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ......s a monthly tenant on the basis of an agreement dated 1‑1‑ 1984 for a period of 5 years fixing monthly rent at Taka 800 on the expiry of the said period the defendant petitioner again entered into a fresh contract on 1 ‑1‑1989 renewing monthly tenancy for another term, of 5 years ending in......as created without any written document. The said provision runs as follows: "106. Duration of certain leases, in absence of written contract of local usage.- In the absence of a contract or local law or usage to the contrary, a lease of immovable properly for agricultural or manufacturing purpos..Category: Property Law | Date: | Hits: 28
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......visional Jurisdiction) Present: Mir Hashmat Ali J Abdur Rashid Mia (Md) ...................Petitioner Vs. Md. Hasem Ali Mia & others..............Opposite Parties Judgment October 25, 2003. Cases Referred To- Hajera Bibi vs. Noor Jahan Begum,35 DLR 338; Jafar Ali vs. ......s no challenge by the pre‑emptee challenging the date of knowledge of the pre‑emptor. The contention of the pre‑emptee that application for pre‑emption is barred by limitation is untenable in law. Which has been supported in the case of Jafar Ali vs. Hushiar Ali and others reported in 46 DLR..Category: Property Law | Date: | Hits: 39
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
.... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ......is credibility in any way. 15. PW 4, Shova Begum has been declared hostile by the prosecution and her impartiality has also been questioned by PW 1 who has deposed on behalf of the prosecution and accordingly, we are not inclined to rely upon her evidence in any way. 16. PW 15 Md. Rustom Ali c......others vs State, 43 DLR (AD) 223 & Abut Kashem and others vs. State, 1990 BLD (AD) 210. Lawyers Involved: Md. Khurshid Alam Khan, Advocate-For the Appellant. SM Aminul Haque, Assistant Attorney-General-For the Respondent. Criminal Appeal No. 703 of 1998. Judgment Md. Anwarul Ha......eased immediately was taken to the hospital for treatment but in the early part of following day i.e. on 7‑2-1995, victim succumbed to his injuries. In the meantime, police with the help of local law enforcing agencies apprehended the accused person and took him into custody from the house of De..Category: Criminal Law | Date: | Hits: 30
Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)
....e matter in issue of title is directly and substantially in issue in the previous suit and the teamed Subordinate Judge erred in law in rejecting the prayer for stay, which has resulted in failure of justice. 7. In support he relies upon the decision of a Single Bench in the case of Altaf Hossain...... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149.......-For the Petitioner. Khan Saifur Rahman, Senior Advocate-For Respondent No.1. Civil Revision No. 3152 of 2001. Judgment Md. Abdur Rashid J.- This Rule was obtained by the defendant Nos. 1 to 3 upon making a revision application under section 115(1) of the Code of Civil Procedure against ......ubsequent suit would not need to go through the trial of his suit as the matter in issue of title is directly and substantially in issue in the previous suit and the teamed Subordinate Judge erred in law in rejecting the prayer for stay, which has resulted in failure of justice. 7. In support he ..Category: Procedural Law | Date: | Hits: 65
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