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Shahidullah (Md) Vs. Eastern Bank Ltd. and others, 2001, 30 CLC (HCD)
....ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41.......ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41.......y the Subordinate Judge and Artha Rin Adalat No. 1 Dhaka allowing the Miscellaneous Case No. 40 of 1999 filed by the plaintiff-opposite party No. 1 under section 151 of the Code of Civil Procedure restoring the Title Suit No. 139 of 1999 arising out of Title Suit No. 32 of 1995) to its original file......rt and obtained the present Rule. 8. Mr. HR Sharif, the learned Advocate appearing on behalf of the petitioner submits that the learned Subordinate Judge and Artha Rin Adalat committed an error of law in allowing the said miscellaneous case under Order 9, rule 9 of the Code of Civil Procedure and..Category: Civil Law | Date: | Hits: 69
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....he case and to concentrate upon evidence which bears upon the points. Petty details which defog the real issue and minor contraÂdiction in the evidence ought not to be permitted to tilt the scale of justice. The more the judge gets bogged down in superfluous details greater is likeliÂhood of his s......30 A.M. Deputy Manager of Savar Dairy Firm asked him to bring the jeep bearÂing Dhaka "Ta"..........427 and directed him to give lift to 3/4 persons who were present thereof and also directed to act according to this direction and that those 3/4 persons took him toward Savar and from there he drove......al No. 109 of 1985) Seraj alias Shepi..................Appellant Vs. The State...................Respondent(Criminal Appeal No.113 of 1985) Judgment November 25, 1987. Case Referred to- Zamir Hussain and ors. vs. The Crown, PLD 1949 Lahore page 170. Lawyers Involved: Sera......ye plucking case and thereby to exercise undue inÂfluence on the complainant party of eye plucking case and compelled them not to pursue that case. It is the further case of the defence that in 1973 law and order situation was beyond the control of law enforcing agency and many miscreants were in p..Category: Criminal Law | Date: | Hits: 30
....exure-S is the photocopy of the Power of Attorney executed by the petitioner appointing his mother to be his constituted Attorney. The learned Advocate for the petitioner issued a notice of demand of justice on 12.2.85(Annexure-T) and the respondent having not acceded to the demand therein, the peti......tore the disputed property to the possession of the petitioner within three months from date.
Mohammad Ismail Uddin Sarker J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 87.
......eoÂples’ Republic of BanglaÂdesh, represented by the Secretary, Ministry of Works, Secretariat Building, Dhaka..........................Respondent
Judment
March 31, 1987.
Cases Referred to-
State of Bombay vs. Pandurang Vinayak and others, A.I.R. 1953 (S.C) 244; East End Dwelling C......of the People's Republic of Bangladesh calls upon the reÂspondent to show cause why the memo dated 4.2.85 (Annexure-R) passed by the Ministry of Works shall not be declared to have been made without lawful authority and to be of no legal effect and as to why the respondent shall not be directed to ..
Category: Immigration and Citizenship Law | Date: | Hits: 188
Sultan Ahmed Vs. Golam Mostafa alias Dulal and Others, 1987, 16 CLC (HCD)
....agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85.......ll conclude such trial within thirty days after the expiry of the specified time. According to Sub-section (6) of the said section in determining the time, only the working days shall be counted; and according to sub-Sec (4) of the said section the consequence will follow ii the trial can not be con......Rajshahi……………........Opposite-Parties Judgment April 21, 1987. Lawyers Involved: S.M. Amin Azhar with Md. Sajjad Ali Chowdhury—For the petitioner. S. A. Hasan, Assistant Attorney General with Md. Mozammel Haque-For the State. Criminal Revision Case No.26 of 1986. A......ion merely provides for stopÂping the trial of the case and releasing the accused person. In that view of the matter the impugned orÂder passed by the learned Magistrate is not in accorÂdance with law. Now coming to the conclusion of the trial within the time; the learned Magistrate by his order ..Category: Criminal Law | Date: | Hits: 26
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......ess of manÂufacturing various types of ready made garments for export and also for local sale, in order to modern the said garment industry intended to import machineries from the defendent No.1 and accordingly opened an irrevocable 1m or of credit in Janata Bank being L/C. No. NDS/NO/84/JBD/LFF/18......irul Islam Chowdhury J Anwarul Hoque Chowdhury J Janata Bank....................Appellant Vs. M/S Ahmedia Garments ..............Respondent Judgment July 8, 1987. Cases Referred to- 33 DLR (AD) 298, AIR 1970 (S.C.) 891, AIR 1981 (S.C.) 1426, AIR 1986 ( S.C.) 1924, AIR 1983 (......e filing of the suit and the court below committed an error in not considerÂing this aspect of the case. 17. He further argues that the impugned order is bad and illegal being contrary to banking law and practice including Uniform Customs and practice for Documentary Credits published by the Int..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....s a basis of conviction. He did not consider that it lacks element of culpability. Basing of convictions on such a exculpatory confesÂsional statement has obviously been resulted in misÂcarriage of justice and as such, the conviction of JaÂhurul Islam @ Fiktu on the basis of confessional statemen......ted him. He was also produced before Mr. Md. Abdul Hoque, Magistrate, 1st Class, on 4.5.81 at about 2 P.M. at Chuadanga to have his confessional statement reÂcorded and his confessional statement as accordingly recorded by the Magistrate which is marked as Ext.5. On receipt of post mortem report an......…….Opposite Party (Appellant) Judgment May 11, 1987. Result: The Reference is accepted and the death sentence is hereby confirmed. Lawyers Involved: Kaiseruddin Ahmed, Deputy Attorney General with Syed Mokoddas Ali, Assistant Attorney General and Md. Latifur Rahman - For the S......ity of it testimony inasÂmuch as this fact has been mentioned in the first information report (Ext.2) which was lodged with utÂmost promptitude and first information report has significant value in law. 14. Now we pass over to consider the evidence of P.W.3 Taslima Khatun. She was sleeping in t..Category: Criminal Law | Date: | Hits: 61
M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)
....ions of section 10 of the Code of Civil procedure is not attracted in this case and the learned Commercial Court No.1 committed an illegality in passing the impugned order which has caused failure of justice. The learned Advocate for the petitioner placed before us section 10 and argued that in the ......bÂservation made above. Therefore, we make Rule abÂsolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56.......ahmudur Rahman J M/s. Ayat Ali Bhuiyan & Company Ltd................Petitioner Vs. Janata Bank………………………..Opposite party Judgment July 30, 1987. Cases Referred to: P.P.Gupta vs. East Asiatic Co. 1960 All 184, Mst. Arifa Begum vs. Khulki MoÂhammad Naqbi, 21......bÂservation made above. Therefore, we make Rule abÂsolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56...Category: Civil Law | Date: | Hits: 88
....much as it has been passed in gross violation of the terms of the contract and to the great prejudice of the defendant company causing serious loss of revenue of the public exchequer. To meet ends of justice, at this stage, the order of the court below requires to be modified.
14. The order is ac......of this Rule is, that there was an agreement signed and executed by the Titas Gas Transmission and Distribution Company Ltd. with Mr. Habib Oil Mills, (BD) Ltd. on 1-2-1979 in between the parties and accordingly, the present petitioner (Oil Mills) had been furnishing gas bills and the present opposi......d. is directed against the judgment and Order No. 23 dated 14-11-2000 passed by the learned Subordinate Judge, 4th Court Dhaka in Title Suit No. 276 of 1999 allowing an application for temporary mandatory injunction under section 55 of the Specific Relief Act, directing the defendant petitioner to r....... Three branches of arguments have been advanced by Mr. Mainul Hosein on behalf of the defendant-petitioner which are as follows:
Firstly that the impugned order dated 14-11-2000 is not tenable in law inasmuch as it has been passed in gross violation of the terms of the contract and to the great ..
Category: Civil Law | Date: | Hits: 115
New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33.......the petitioners and has submitted that the impugned notification was issued by the Tovernment though the procedure laid down in Rule 15 of the Minimum Wages Rules, 1961 was not followed and, as such, according to him, the same is not lawful. It appears that by the impugned gazette notification, the ...... Present: Md. Hamidul Haque J Md. Imman Ali J New Age Garments Ltd. and others ………….Petitioner Vs. Government of Bangladesh and others.…….. .Respondents Judgment October 31, 2001 Lawyers Involved: Dr. M. Zahir Senior Advocate, with AHM Mizanur Rahman, Advoca......uly, 2001 published in the Bangladesh Gazette (Annexure D) fixing minimum wages for workers in all industrial undertakings of Bangladesh should not be declared to have been done illegally and without lawful authority and to be of no legal effect and or such other or further order or orders passed as..Category: Labour and Industrial Law | Date: | Hits: 96
Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)
....aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......6 of 1999 rejecting the petitioner’s application under section 24 of the Code of Civil Procedure for transferring the Title Suit No. 153 of 1998 pending in the Court of 5th Subordinate Judge, Dhaka to Subordinate Judge and Artha Rin Adalat No. 3, Dhaka for being heard analogously with Title Suit N......a Rin Adalat No. 3 so that the said suit No. 153 of 1998 can be heard analogously with Title Suit No. 88 of 1998. 5. The District Judge, Dhaka after hearing the parties and on consideration of the law involved in it rejected the said application under section 24 of the Code of Civil Procedure mai..Category: Civil Law | Date: | Hits: 73
ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)
....d been done in collusion with the Assistant Registrar of Joint Stock Companies. These reports on the alleged Annual General Meetings are made up. Therefore, the petitioner claims that for the ends of justice the aforesaid resolutions and documents should be declared to have been passed illegally and......his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ......n (Original Civil Jurisdiction) Present: KM Hasan J ASM Shamsul Islam Rashedi ………..Petitioner Vs. Satellite Fishing Ltd. and others ………….Respondents Judgment October 17, 2001. Lawyers Involved: Jashim Uddin Ahmed with Shibbir Ahmed, Advocates—For the ......his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ..Category: Company Law | Date: | Hits: 220
....e, toil and money of all the parties including the Court.
51. In the view of the matter that we have taken, the impugned order cannot be sustained in law, which has no doubt resulted in failure of justice. We must allow the application of the defendant Nos. 1 and 2 for rejection of plaint as we f......hall consider the moot issue raised as to whether the suit is barred by the provisions of section 32 of the Act or hit by the principles of res judicata under section 11 of the Code and the plaint is accordingly liable to be rejected under Order 7 rule 11(d) of the Code.
26. We shall now consider......ons as well as perpetual injunctions:
a. Permanent injunction against the defendants restraining them from taking any legal or other action and/or proceeding on the basis of alleged contracts said to have been entered into between the plaintiff and defendant No. 1 and also on the basis of illegal...... (1) Subject to the provisions of this Act, an award may be filed in any Court having jurisdiction in the matter to which the reference relates.
(2) Notwithstanding anything contained in any other law for the time being in force and save as otherwise provided in this Act, all questions regarding ..
Category: Civil Law | Date: | Hits: 101
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
....on of the Court's order. In order to examine the legal propriety of the impugned order, let me quote the relevant provisions from section 94 which run as follows: "In order to prevent the ends of justice from being defeated the Court may, if it is so prescribed- (a) issue a warrant to arrest......ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32.......r the Petitioner Not represented‑ the Opposite Parties. Civil Revision No. 1389 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule the opposite party Nos. 1 and 2 were called upon to show cause as to why the impugned order dated 5‑5‑1996, passed by the learned Senior Assistan......rt to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison." 7. In the context of above provision of law, the learned Advocate for the petitioner took me to the case of Mosharraf Hossain Mia Vs. Mosamm..Category: Property Law | Date: | Hits: 28
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
.... passed by the learned Assistant Judge being an appellable order under Order XLIII rule 1(d) of the Code, the learned Assistant Judge has committed error of law in his decision occasioning failure of justice in setting aside the said dismissal order, in exercise of his power under section 151 of the......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....... For the Petitioner. Not represented‑ the Opposite Parties. Civil Revisional No. 2699 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule opposite party Nos. 1 and 2 were called upon to show cause as to why the judgment and order dated 21‑4‑96 passed by the learned Assistant Jud......that the dismissal order dated 16‑11‑93 passed by the learned Assistant Judge being an appellable order under Order XLIII rule 1(d) of the Code, the learned Assistant Judge has committed error of law in his decision occasioning failure of justice in setting aside the said dismissal order, in exe..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.......Advocate ‑ For the Petitioner. MA Samad, Advocate ‑ For the Respondents. Writ Petition No. 4540 of 2000. Judgment SAN Mominur Rahman J.- Rule was issued calling upon the respondents to show cause why the order of transfer of the petitioner, an unskilled labour, to the post of Darow......ransfer of the petitioner, an unskilled labour, to the post of Darowan by order dated 10‑11‑1999, evidenced by Annexure-D to the Writ Petition, should not be declared to have been made without in lawful authority and of no legal effect. 2. The petitioner was appointed as an unskilled labour b..Category: Labour and Industrial Law | Date: | Hits: 71
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-ÂCorruption & 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. ......work. 2. Thereafter, the contractor wrote a letter dated 7‑2‑2000 to the petitioner requesting him to withdraw the order of blacklisting admitting that he could not execute the work timely and according to contractual specification due to his financial constraint and family problem, Annexureâ......zrul Islam Chowdhury J M Mojibul Haque…………..Petitioner Vs. DG, Bangladesh Bureau of Anti-ÂCorruption & ors……….Respondents Judgment August 9, 2001. Case Referred to- Gakul Chanda Dwarkadas Morarka Vs. King, AIR (1948)(PC) 82. Lawyers Involved: Md. Shami......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. ..Category: Anti-Corruption Laws | Date: | Hits: 138
.... surplus land was cancelled without any notice to the petitioners thus depriving them of the opportunity to defend their right to property which is violative of their fundamental right and of natural justice.
14. Mr. Md. Altaf Hossain Khan, learned Deputy Attorney-General appearing for the respon......leased.
7. In the meanwhile the Film Development Corporation wanted to get the surplus land as a shooting spot. Then the Minister of Information found the land to be unsuitable for the purpose and accordingly recommended for release of the property from requisition. Consequently the Ministry of I......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 were issued calling upon the re......nts (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 were issued ca..
Category: Property Law | Date: | Hits: 31
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....acement. Upon such view of the matter, the Court invoked its inherent jurisdiction under section 151 of the Code and allowed the application on the ground of mistake by the impugned order for ends of justice. 13. I have read the decisions cited by the learned Advocate for the petitioner. In the c......rfere with such order. So, the submission on behalf of the petitioner does not have any substance. The impugned order, therefore, does not call for any interference. 15. In the result, the Rule is accordingly, discharged but without any order as to costs. The order of stay granted on the issue of......9 of 1986 was obtained from the then High Court Division at Rangpur Bench by the pre-emptee as petitioner in a revision application made under section 115 (1) of the Code of Civil Procedure, referred to hereinafter as the Act, against order dated 01-02-86 passed by the learned Munsif at Upazila Pirg....... Even the provisions for statutory appeal does not in all circumstances disentitle a Court to invoke its inherent jurisdiction. The decision in 43 DLR (AD) 128 rather supports this proposition of law. Moreover, when a subordinate Court invokes its inherent jurisdiction for reasons recorded to gr..Category: Civil Law | Date: | Hits: 69
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. ......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. ......stituted the suit for dower money impleading the present petitioner as defendant. The suit is being resisted by the defendant-petitioner on presentation of a written statement. 3. The suit reached to the peremptory stage 20-4-1999 was fixed for further hearing. Both plaintiff and defendant filed ......ct involved in adjudication of the suit and recorded the impugned order by applying his judicial mind. The said order does not appear to have suffered from any patent illegality and flagrant error of law warranting any interference by this court in the exercise of Revisional authority under section ..Category: Family Law | Date: | Hits: 185
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....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......., and some other respondents contested the general election for the Member of National Assembly of the Constituency No. 165, Kishoreganj‑1 and respondent No. 4 was declared as elected candidate and accordingly, Gazette notification was made by the Election Commissioner on 9th October, 2001. The el......ional Assembly of the Constituency No. 165, Kishoreganj‑1 and respondent No. 4 was declared as elected candidate and accordingly, Gazette notification was made by the Election Commissioner on 9th October, 2001. The election was held peacefully in the constituency and election authority played a no......prayers in the Election Petition but according to Article 51(2), the petitioner can claim any of the relief stated in aforesaid Article. So the election petition of the petitioner is not according to law and the said his petition and it is liable to be dismissed according to Article 58(a) of the Peo..Category: Election Law | Date: | Hits: 85
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