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Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......ees opposite party Nos. 1 and 2, the learned Assistant Judge restored the Miscellaneous Case No. 37 of 1993 to its file and number upon setting aside the dismissal order dated 16‑11‑93. The legal question that has been argued before me is, as to whether the learned Assistant Judge in exercise of......ed. The Miscellaneous Case was not dismissed on ground of non‑appearance but for not putting the costs. In such circumstances a Single Bench of this Court held as follows: "In this case from the facts it appears that the application under section 151 of the Code was filed for restoration of the..Category: Property Law | Date: | Hits: 36
Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)
....the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26.......the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26.......LR and 48 DLR referred to above have no application in this case. The decisions reported in 41 DLR and 15 DLR do not bar seeking relief under writ Jurisdiction for a worker or Darwan, Considering the facts and circumstances of the case we find merit in the Rule. Accordingly, the Rule is made abso..Category: Labour and Industrial Law | Date: | Hits: 71
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-Corruption & ors., 2001, 30 CLC (HCD)
....l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......und which commends to them that on political and economic grounds it regards a prosecution as inexpedient. Since the facts of the case are not referred to on the face of the sanction, the sanction in question is illegal and perverse. This view finds support in the decision in the case of Gakul Chand....... But the impugned letter dated 24‑5‑2000 written by the Director of the Prime Minister's Secretariat according sanction shows that the sanction was mechanically accorded without referring to the facts. 6. Section 6(5) of the Criminal Law Amendment Act, 1958 makes it a condition precedent tha..Category: Anti-Corruption Laws | Date: | Hits: 138
....hout lawful authority and to be of no legal effect.
In the result, the Rules are discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......the respondents (In both the Writ Petitions).
Writ Petition No. 964 of 1994
with
WP No.1170 of 1994.
Judgment
M A Aziz J.- These two Rules having involved similar facts and a common question of law are taken up together and disposed of by a single Judgment.
2. The above Rules we......tant-General—For the respondents (In both the Writ Petitions).
Writ Petition No. 964 of 1994
with
WP No.1170 of 1994.
Judgment
M A Aziz J.- These two Rules having involved similar facts and a common question of law are taken up together and disposed of by a single Judgment.
2...
Category: Property Law | Date: | Hits: 31
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ......file and number after setting aside the said order of dismissal. 7. On 01-02-86 the application was heard in presence of both parties. On behalf of the opposite party, it was submitted that in the facts and circumstances, as an application under Order 9 rule 9 of the Code being not maintainable, ..Category: Civil Law | Date: | Hits: 69
Mirza Anwarul Islam alias Tanu Vs. State, 1999, 28 CLC (HCD)
....anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ......anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ......anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ..Category: Criminal Law | Date: | Hits: 37
Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
....efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ......ily Court to the Court of District Judge. The word “Order” has not been defined in the Ordinance. The word “Order” in widest sense may be said to include any decision rendered by a court on a question between the parties of a proceedings before the Court and the same can be construed or read......ppealable and this civil revision petition is not at all maintainable. 8. Coming now to the propriety of the order impugned it appears that the learned Assistant Judge, took into consideration the facts of the case and legal aspect involved in adjudication of the suit and recorded the impugned or..Category: Family Law | Date: | Hits: 185
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....f the petition for non‑joinder of party the provisions of the Civil Procedure Code cannot be used as curative means to save the election petition …..” The fact of the aforesaid cases are not identical to the present case though the observations made in those cases are required to be cogent ......eme Court) 1185 wherein their Lordships observed: “....It is well settled that it is a special right conferred under a self‑contained special law and the court will have to seek answer to the question raised within the four comers of the Act and the powers of the court are circumscribed by i......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19...Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ......ction to allow the amendment which will cause disturbance to the preliminary decree and the suit shall have to be reopened for fresh adjudication causing serious injury to the defence. 11. Now the question arises whether the Court below was justified in passing the impugned judgment and order. ......ontroversy suit for an end to the litigation and the controversy in between the parties and thereby ends of justice will be met. In my opinion, the Court of trial below under misconception of law and facts rejected the said application without directing himself to the legal aspect of the case. It is..Category: Property Law | Date: | Hits: 34
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
.... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ......rs are at liberty to move under section 241A of the Code of Criminal Procedure for discharging them and their application under section 561A of the Code of Criminal Procedure is misconceived. Similar question came for decision before the Appellate Division in the case of Latifa Akter Vs. State repor......opposite party was called upon to show cause as to why the proceedings of GR No. 929/98 now pending in the Court of Chief Metropolitan Magistrate, Chittagong should not be quashed. 2. The relevant facts are stated below: It appears that a First Information Report was lodged by Vice-President o..Category: Criminal Law | Date: | Hits: 39
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102.......nd directed the parties to maintain status quo. 14. It appears that the learned District Judge has not adverted to the reasons given by the plaintiff’s judge in coming to his own findings on the question of prima facie title, convenience and inconvenience of the parties. 15. The order of sta......er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102...Category: Property Law | Date: | Hits: 21
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ...... not maintainable in that on mere apprehension of not having/receiving adequate compensation in respect of the land acquired legality of the law providing compensation for the land acquired cannot be questioned. Learned Deputy Attorney-General also submits that the contention of the petitioners that......ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ..Category: Alternative Dispute Resolution | Date: | Hits: 191
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......Shaheen, Deputy Attorney- the Respondents 1-5. SM Munir Advocate—For the Respondent No. 6. Writ Petition No. 7796 of1997. Judgment Syed JR Mudassir Hussain J.- The petitioner calls in question the proceedings contained in File No. 173-97/TA; FO/3/20069 dated 26-11-97 (Annexure C) and......s issued calling upon the respondents to show cause as to why the said proceedings should not be declared to have been taken without any lawful authority and to be of no legal effect. 2. The short facts leading to the issuance of the Rule are, that the then Government of erstwhile East Pakistan g..Category: Anti-Corruption Laws | Date: | Hits: 232
Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)
.... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97....... of the witnesses, is that, the accused persons are totally innocent and have been falsely implicated in the case out of ancient grudge and enmity. The defence further contended that the Neem Tree in question was sold to them by the informant and the police seized the same in connection with a crimi......esort to surmises and conjectures in reaching his conclusions. The procedure adopted by the learned Additional District Magistrate betrays a complete lack of application of the judicial mind into the facts and circumstances of the case and the law bearing on the subject and same has occasioned failu..Category: Criminal Law | Date: | Hits: 30
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......y debit vouchers exhibit 6 series as well as acknowledgments made by the defendant No. 1 on the back of the agreement on different dates. 29. Only issue facing us in this appeal is, whether in the facts and circumstances of the case and on the evidence on record, learned Subordinate Judge was jus..Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
....used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35.......letter shown to her was the letter written by her to the Nikah Registrar to solemnise their marriage but she said that she was made to write that letter while at Jessore by force. In reply to another question in cross-examination this witness has stated that she did not file any GD or any case for r......used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35...Category: Criminal Law | Date: | Hits: 43
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ......Judge, Chittagong to Druta Bichar Tribunal, Chittagong. 3. In the aforesaid two applications the vires of the same law and the vires of same Notification thereunder have been challenged and common question of law is involved and we are therefore, pronouncing this single order, which shall govern ......hold that there is no bar to use the beneficial part in a statute, if any, in favour of the accused in the matter of holding his trial. Taking into consideration of the above provision of law and the facts and circumstance we are of the view that ends of justice would be met if the respondents are g..Category: Criminal Law | Date: | Hits: 50
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
.... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ......al. He further held that since the payment was refused much before sending of the documents on some other grounds, the so-called delay cannot outdo or vitiate the plaintiffs claim for payment. On the question raised by the defendant that the concerned letter of credit was on collection basis, the le......ming Taka 92,72,400. This suit was decreed on 31‑5‑1993 against National Bank Ltd., defendant No. 1, defendant Nos. 4, 5 and 6 on contest. The National Bank Ltd. filed both the appeals. 2. The facts leading to the filing of the above noted two suits, one by Mr. Md. Salauddin, the plaintiff in..Category: Business or Commercial Law | Date: | Hits: 202
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......o non appreciation and mis-appreciation of evidence on record the judgment of the learned Magistrate is a perverse one. 17. In the case of Abdus Salam vs. State, 12 DLR 100 it was held that "the question as to whether there should be or should not be re‑trial should be based upon an assessmen......rt, we find that the learned Magistrate has roamed on the surface of the case and did not enter into and discuss the evidence of each particular witness relating to the fact in issue and the relevant facts to arrive at his findings and conclusion. He even failed to discuss the evidence of the expert..Category: Criminal Law | Date: | Hits: 34
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
.... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ...... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ...... such, the impugned order is liable to be set aside. 9. Mr. SM Aminul Islam, the learned Assistant Attorney-General appearing for the State, opposes the appeal and submits, inter alia, that in the facts of the case the learned Tribunal was fully justified in passing the impugned order and, as suc..Category: Criminal Law | Date: | Hits: 37
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