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A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....nted out that at the time of granting anticipatory bail, it is the requirement of law that the accused must be present before the Court and the court being satisfied that accused is not fugitive from justice, can grant anticipatory bail. From the facts disclosed by the petitioners and appears from t......We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ...... Judgment February 2, 2006. Lawyers involved: Abdul Baset Majumder, Advocate (absent at the time of hearing) — For the Petitioner Md. Helaluddin Mollah, Deputy Attorney-General -For the State. Criminal Miscellaneous Case No. 5461 of 2005. Judgment ......essing the said facts, the accused petitioner A. Wadud obtained anticipatory bail from this Court. Here, it may be pointed out that at the time of granting anticipatory bail, it is the requirement of law that the accused must be present before the Court and the court being satisfied that accused is ..Category: Criminal Law | Date: | Hits: 29
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....action is to be regarded as one indivisible whole, and it is not open to the permission to bring a fresh suit. The simple withdrawal has affected the merit of his decision which has caused failure of justice. 15. It is thus abundantly clear that the learned Subordinate Judge has committed a ......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ...... This Rule, calls in question the legality and propriety of the order dated 6-8-1984 passed by the learned Subordinate Judge, Thakurgaon, in Other Class Suit No. 51 of 1981, permitting the plaintiffs to withdraw the suit, without permitting them to sue afresh the selfsame cause of action. 2. ......ned Advocate appearing for the petitioner supports the Rule and submits that when the application for withdrawal is allowed, refusing permission to sue afresh on the selfsame subject-matter is bad in law. In support of his contention the learned Counsel refers the case of Shyamal Chandra Roy vs. Pro..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....by the will. Although section 283 of the Succession Act does not render it obligatory on the District Delegate to issue any special citation, yet it is not only desirable but necessary in the ends of justice that this power should be exercised when it appears that some of the heirs whose interests a......e opinion whether the signature or writing is that of the person by whom it purports to have been written, which cannot be done by comparison with naked eye by the Court. The learned District Judge accordingly, erred in law in basing his decision by comparing the signatures of the testator in the ......tion under section 263 of the Successi on Act on 18-11-85 for revocation of the Letter of Administration before the learned District Judge on the allegation that the grant was obtained by resorting to forgery. The testator Harinath Majumder did not execute the will in favour of Surendra Nath Biswa......ugned judgment allowed the Miscellaneous Case and revoked the Letter of Administration. 5. The learned Advocate appearing for the appellants contends that the learned District Judge erred in law in revoking the Letter of Administration in failing to notice that the respondent No. 1 has file..Category: Property Law | Date: | Hits: 68
Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
....ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ......ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ......uq with Md. Ashrarul Huq, Advocates— For Respondent No. 2. Writ Petition No. 3316 of 2004. Judgment Nazmun Ara Sultana J.- This Rule Nisi was issued calling upon the respondent to show cause as to why the judgment and order dated 29-5-2004 (Annexure-G) passed by the Chairman, ......ning the punishment for recovery of Taka 25,984.00 out of total value of the cable Taka 1,03,937.17 and to implement the judgment within 40 days should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Labour and Industrial Law | Date: | Hits: 114
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....4 pending in his Court. He has further submitted that though in section 10 of the Code of Civil Procedure it has been mentioned that the later suit should be stayed, but for the sake of administering justice the former suit can be stayed, if circumstances demand so. He has further submitted that whe......been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ......in J.- At the time of issuance of the Rule, though the LC records were called for, but the same has not yet been arrived. During hearing of the Rule, it was felt that the LC records are not necessary to hear and dispose 6f the Rule. So, the Rule be treated as ready and the same be taken up for heari......n Adalat can be transferred to any other Court for analogous hearing or any other suit can be brought to this Court for analogous hearing with the suit filed in the Artha Rin Adalat and it is settled law that Artha Rin Adalat is not a full-fledged Civil Court. It has been created by special enactmen..Category: Civil Law | Date: | Hits: 82
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
.... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ......angladesh represented by the Secretary, Ministry of Finance and others……...Respondents (in all the writ petitions) Judgment July 30, 2007. Cases Referred To- Collector of Customs vs. A Hannan, 42 DLR (AD) 167; Collector of Customs vs. Ahmed Hossain, 48 DLR (AD) 19......ustoms duty on the Grey Portland Cement by the Notification being SRO No. 233 dated 20-10-1998 by reducing exemption under section 19 of the Customs Act, 1969, hereinafter referred to as the Act, was lawful, valid and constitutional. 2. In the writ petitions, the petitioners are not the same ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....inistration). Having been unsuccessful in joining to a permanent post of Lecturer in Arabic, the petitioner through his learned Advocate served a notice dated 13-6-2005 upon the respondents demanding justice but to no avail. 5. Being aggrieved, the petitioner moved this Court for declaring the re......section 12(8) of the National University Act, 1992 and placed this matter for consideration before the 77th meeting of the Syndicate held on 17-3-2005. The Syndicate observed that it was not possible according to academic regulations of all the Universities and the Education Boards for a student to ......……………...Petitioner Vs. Jatiyo Bishwabiddalay and others…………………….Respondents Judgment March 15, 2007. Result: The Rule is made absolute. Cases Referred to- Dr. Md. Alamgir vs. Vice-Chancellor, BUET and others, 53 DLR 398; Dr Matiur Rob being dead hi......spondent No. 3 on the recommendation of the Selection Board constituted for the purpose and approved by the Syndicate of the National University should not be declared to have been done without any lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: The educati..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
.... to grant a succession certificate to a minor on his application through his mother. 19. In the above views that we have taken, the impugned judgment and order, which occasioned serious failure of justice, cannot be sustained in law. 20. In the result, the Rule is made absolute. No order as to......d, Shahabuddin Ahmed Khan. She made application not as an heir but as a natural guardian of the minor who was all through living with her. After divorce, she did not marry a second time. Citation was accordingly made against those heirs of deceased Shahabuddin Ahmed Khan. 3. Opposite party No. 1,......n purportedly under section 372 of the Succession Act, 1925 in the 3rd Court of Subordinate Judge at Dhaka for issue of a succession certificate in respect of Taka 2, 00,000 detailed in the schedules to the application left by his father, late Shahabuddin Ahmed Khan Squadron Leader of the Bangladesh......ide the order of the learned Subordinate Judge granting a certificate and the application. 8. Mrs. Lucky Begum, learned Advocate for the petitioner, submits that the Court of appeal below erred in law in setting aside the order granting succession certificate on the view that the mother had no le..Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....e learned Advocate for the opposite party Nos. 1 and 2, submits that the inherent power conferred under section 151(1) CPC which can be exercised by Court in certain special circumstances for ends of justice in certain special circumstances for ends of justice has not been ousted by Artha Rin Adalat......ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ......Bank Limited…………………………………….Petitioner Vs. Mazid and Co. and others…………………………..Opposite Parties Judgment December 3, 2000. Cases Referred to- Sultana Jute Mills vs. Agrani Bank 46 DLR (AD) 174; Civil Revision No. 3542 of 1992 Carabean ......d in such case the plaintiff may take recourse to section 151 CPC for rejection of counter claim, alternatively, the plaintiff may make the maintainability of the set-off or counter-claim an issue of law under Order XIV rule 2 CPC and make the issue decided at first. In paragraphs 20 and 21, the App..Category: Procedural Law | Date: | Hits: 67
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
....e of the view that the learned Assistant Sessions Judge has awarded a harsh sentence to them. 30. On consideration of the facts and circumstances of the matter, we are of the view that the ends of justice will be met if these appellants are sentenced for the period they have already undergone in ...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......ellants Vs. State…………………Respondent Judgment May 3, 2007. Lawyers involved: Md. Tareque Morshed, Advocate—For the Appellants. Saifuddin Md. Aminur Rahim, Deputy-Attorney-General—For the State. Criminal Appeal Nos. 2468 and 2469 of 2002. Judgment SK Si......W 8) has been examined as PW 4, Abu Sayed (PW 7) has been examined as PW 5 and Monaymul Islam (PW 14) has been examined as PW 12. 14. We would like to observe that on a total misconception of law the prosecution had instituted two separate cases over the same subject matter, although law aut..Category: Criminal Law | Date: | Hits: 90
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
....e of master and servant (vide 21 DLR (SC) 365). Thus, plaintiff has no legal character and, as such, the suit is not maintainable. 11. On the above reasons, no illegality causing failure of justice having been committed by the appellate Court the impugned judgment and decree do not warrant......otice to show cause as to why he would not be dismissed from service for defalcation of the amount On receipt of such notice on 12-2-1986, he filed a written statement, which was not satisfactory and accordingly, final notice was served upon him proposing the penalty of removing him from the service......No. 172 of 1997 decreeing the suit. 2. The petitioner as plaintiff filed the above suit against the opposite parties for directing the defendant No. 2, the Deputy General Manager, Rupali Bank, to accept his joining report and to allow him to join in his service treating him still in service a......ved false. After getting acquittal of the charge he in writing and orally repeatedly requested the defendant No. 2 to allow him to join in his service, but in vain. Then he on 10-9-1995 through his lawyer served a legal notice upon the defendant No. 2, who asked him to meet with him in his office ..Category: Criminal Law | Date: | Hits: 29
Birendra Chandra Das Vs. Samir Ghosh and others, 2007, 36 CLC (HCD)
....a period of seven months of making the application for temporary injunction. Appellate Court below has therefore, rightly set aside such order of ad-interim injunction which resulted in no failure of justice. In the result, the Rule is discharged with cost. The cost is assessed at Taka 5,000,00. ......ssessed at Taka 5,000,00. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 545. ......of Civil Procedure for temporary injunction for restraining the plaintiff from exhibiting cinema in the said cinema hall. 4. His grievance was mainly that the plaintiff was a tenant under him and stopped paying rents since 1999 and cancellation of the licence exhibiting cinema on 19-6-02 was ther......ssessed at Taka 5,000,00. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 545. ..Category: Civil Law | Date: | Hits: 93
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......r stated that the petitioner was a Director and borrower of Modern Jute Mills Limited but on 7th August, 1985 he transferred all his shares in the said company and ceased to be a director thereof and accordingly, filed a return with the office of the Registrar of Joint Stock Companies, Dhaka (Annexu....... Jamaluddin Ahmed, Advocate—For Respondent No. 4. Writ Petition Nos. 6519 & 6520 of 2001. Judgment Tariq-ul-Hakim J.- These Rules Nisi have been issued calling upon the respondents to show cause as to why the Credit Information Bureau (CIB) Lists /reports issued by the respondent ......of the petitioner as a defaulting loanee as a Director of Modern Jute Mills Limited as communicated to the petitioner by the Programme respondent No.5 should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Banking Law | Date: | Hits: 124
....ccordingly rejected.
However, the Contempt Petition No. 17 of 2010, shall be taken up for hearing today after recess.
This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14....... list.
2. It may be recalled that on the prayer of Mr. T.H. Khan, the learned Advocate for the petitioner, the Civil Petition was fixed for hearing before the Full Bench on 10th November,2010 and accordingly the matter appeared in the cause list on that date for hearing. On 10th November, 2010, ......te, A.J. Mohammad Ali, Senior Advocate, Aminul Haque, Senior Advocate, with Mr. A.M. Mahbubuddin, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner.
Mahbubey Alam, Attorney General, with M.K. Rahman, Additional Attorney General, Murad Reza, Additional Attorney Gener......aiting for 90 minutes without any submissions and as such, we are satisfied that he is not interested to place the Civil Petition for leave to Appeal for hearing. We are constrained to point out that law will take its own course if he fails to place his petition for leave to appeal, but without any ..
Category: Property Law | Date: | Hits: 73
Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....nsferred from the place of his posting within 3 years. He lastly submits that the respondent No. 3, without assigning any reason passed the impugned order (Annexure-A), causing serious miscarriage of justice. 6. Mr. Md. Jafar Imam, the learned Assistant Attorney-General, appearing for the respond......s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ......e 51 DLR (AD) 112 = 1998 BLD (AD) 274=4 MLR (AD) 12. Lawyers involved: M. Shamsul Alam with Abdul Matin Khasru, and Mahbuba Haque, Advocates—For the Petitioner. Md. Jafar Imam, Assistant Attorney-General—For the Respondent No. 1-4. AJ Mohammad Ali, Senior Advocate, with Md. Nurul Ami......e of Senior Assistant Secretary, vide memo. No. পার-২/১ এ-৫/২০০৫/৪৬৯ তারিখ ৫-১১-২০০৬ (Annexure-A), should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that the peti..Category: Employment/Service Law | Date: | Hits: 89
Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)
.... suit, the learned Assistant Judge evidently erred in law in not permitting the defendant petitioner to cross-examine him with reference to the fact of the case and the same has occasioned failure of justice. The learned Advocate further submits that since plaintiff Md. Asgar Ali appeared before the......d Asgar Ali is set aside and the petitioner’s application for cross examining plaintiff Md. Asgar Ali is allowed. The learned Senior Assistant Judge, Thakurgaon is directed to proceed with the suit according to law as expeditiously as possible. The order of stay earlier granted by this Court st...... possession in the suit property or in any way interfering with the peaceful possession of the plaintiffs therein. The plaintiff’s case, in short, is that the suit land measuring 1.59 acre belonged to Syed Mesbahuddoza, Syed Anwaruddoza and Chowdhury Md. Ilyas. Chowdhury Md. Ilyas died leaving son...... the suit. 3. The defendants contested the suit by filing written statement denying the material allegations of the plaint and contended, inter alia, that the suit as framed is not maintainable in law and it is bad for defect of parties. It was also contended that the plaintiff has no title and p..Category: Procedural Law | Date: | Hits: 76
Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)
....n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141.......n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141.......herefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141.......Court that “the company shall allow the objector to participate in the affairs of the company in his position as a director and/or share-holder and in the annual general meetings in accordance with law” can not be considered as a direction and as such holding of the said meetings in non complian..Category: Company Law | Date: | Hits: 222
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......Petition Nos. 2792, 2793, 2794, 2795 and 2796 of 1998. Judgment Kazi Ebadul Hoque J. - These five Rules were issued at the instance of the petitioner Shamshad Asif calling upon the respondents to show cause as to why orders dated 18-8-98 passed in Bankruptcy Case Nos.1 to 5 of 1998 pending in...... upon the respondents to show cause as to why orders dated 18-8-98 passed in Bankruptcy Case Nos.1 to 5 of 1998 pending in the Bankruptcy Court, Dhaka should not be declared to have been made without lawful authority and of no legal effect. At the time of issuance of Rules further proceedings of the..Category: Civil Law | Date: | Hits: 78
.... the respondent No.1, the appellants have been served with the Notification No.33 of 2001 to the effect that they will not be given booking from 01.09.2001 which is against the principle of natural justice and the fundamental rights of the appellants. The learned Counsel finally submitted that......nation as may be determined by the Board from time to time. The appellants who are registered dock workers have undergone such periodical medical examination and were found to be physically unfit and accordingly under the said provision of Section 13(7) they were determined to be not medically f......d by the High Court Division in Writ Petition No.6796 of 2001 discharging the Rule not being maintainable against order contained in Memo. No. Pa: Medical/A/Sa/61/222 (2) dated 16.08.2001 (Annexure-B to the writ petition) issued by the respondent No.4 alleged to have illegally declaring the appellan......he appellant having been allowed to continue in employment for two years after such medical examination, termination of employment without notice to show cause against such termination is without lawful authority and as such, the High Court Division erred in discharging the rule without consider..
Category: Labour and Industrial Law | Date: | Hits: 109
....tances of the present case but if such situation occurs in future in any appropriate case, the authority should with all fairness shall take appropriate legal step against the employees for ends of justice instead of resorting to the shortcut provision of rule 13(ii) of the Regulations, 2003.
......nt Manager (Adm-1). It further appears that in the termination order the word “বরখাস্ত" was written which means that the petitioners were dismissed for service. It also appears that according to rule 13(ii), the General Manager can terminate the service of employee like petitio......Advocate, instructed Syed Mahbubur Rahman, Advocate-on-Record-For Respondent Nos.1 and 2. (In all the cases).
Not represented- Respondent Nos. 3-4 (In all the cases).
Civil Petition for Leave to Appeal Nos. 1309-1310 and 1317-24 of 2008.
(From the judgment and order dated the 23rd day of ...... instead of resorting to the shortcut provision of rule 13(ii) of the Regulations, 2003.
Accordingly, the petitions are disposed of.
Ed.
This Case is also Reported in: VII ADC (2010) 799. ..
Category: Administrative Law | Date: | Hits: 215
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