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KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....f their written statement. By the impugned order dated 9.4.84 the learned Subordinate Judge ordered that since no ex parte decree has been passed, the defendants' prayer should be allowed for ends of justice. The written statement was accepted subject to payment of costs of TK. 250/- to the plaintif......frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......e date fixed for judgment or orders is to hear and receive the judgment of the Court, nothing else. The acceptance of the written statement was, therefore, completely unauthorised by any provision of law. Nor can section 151 of the Code of Civil Procedure be called in aid, because Order 9, rule 7 an..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......njunction but the same was dismissed for default, but when this appeal is pending wherein the injunction matter is agitated he submits that he may be accommodated on behalf of respondent No. 5 and we accordingly, heard him on the matter. Mr. Habibul Islam Bhuiyan supported and adopted the argument a......d against judgment and order dated 8-7-95 passed by the learned Subordinate Judge, 1st Court, Comilla in Title Suit No.4 of 1995 who by the said order restrained the appellant from making any payment to defendant No.1 exceeding 1/4th of her share now being kept in the bank with the name of her late ......nking Companies Ordinance, 1962, the Banking Companies Act of 1991 which is Act 14/1991 has been promulgated in this country and the banking companies are now fully guided and operated under this new law. Admittedly the dispute is over certain fixed deposit accounts now lying with the appellant bank..Category: Banking Law | Date: | Hits: 122
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ...... merit of the appeal we intend to dispose of the initial objections raised by the parties. The first objection raised by Syed Ishtiaq Ahmed is on the maintainability of the suit before the Adalat as, according to him, the plaintiff is not a financial institution as contemplated under the Artha Rin A......tha Rin Adalat No. 2. Dhaka in Money Suit No. 34 of 1992. The Adalat by judgment dated 29-8-1996 decreed the suit for a sum of Taka 14, 05, 75,934.28 paisa with interest. 2. The short fact leading to this appeal is that, the plaintiff-respondent instituted the suit alleging that the plaintiff com......t and decree. It is also submitted that it is mandatory to deposit 50% of the decretal amount with the Adalat before preferring the appeal which has not been done. So, this appeal is barred under the law. 10. Before entering into the merit of the appeal we intend to dispose of the initial objecti..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....e statements in the Jatiya Shangshad while replying to a supplementary question from ruling MP Shahina Monwara Haq during question-answer session. The Minister said, “Sitting on pedestals to ensure justice in the society they (Judges) are patronising terrorism.” 3. To justify his allegations ......liament violates any Rules of Procedure the Speaker is the authority to take the action against him under the Rules of Procedure of Parliament itself which is a law framed under the Constitution. So, according to the learned Attorney-General, Mr. Mohammad Nasim being a Member of Parliament and Home ......t: Md. Mozammel Hoque J Md. Abdur Rashid J Ataur Rahman Khan…………………………Petitioner Vs. Md. Nasim and another……………………….Respondents Judgment October 28, 1999. Cases Referred To- Cyril Sikdar Vs. Nazmul Huda, 46 DLR 555; AIR 1965 (SC) 745......8 of the Constitution. Article 108 of the Constitution runs as follows: “The Supreme Court shall be a Court of record and shall have all the powers of such a Court including the power subject to law to make an order for the investigation of or punishment for any contempt of itself’. 13. He..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
.... Consequently, the Police, mostly acted as a foe rather than a friend of the people, although our law and Code clothes the Police with a unique and important element in the administration of criminal justice. 15. Torture became a weapon of Police action and the ineffectiveness of Police force is ...... on 3rd January, 1999. On 22nd February 1999 the petitioner filed another supplementary affidavit stating that the detenu was a student of Class-two of Shahid Nabi Model Government Primary School and according to his school register the date of birth is 13-3-1988. The Commissioner of Ward No. 75, Dh......Legal Aid and Services Trust (BLST)…………….Petitioner Vs. Bangladesh & others………………………………….….Respondents Judgment April 18, 1999 Cases Referred to- Bhim Singh, MLA, Vs. State of Jammu & Kashmir and others, AIR 1986 (SC) 494; Rendal Sah V......nnexure-B to the petition) issued under the signature of respondent No.2 should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful authority and in an unlawful manner. Respondent No.4 was further directed to show cause as to..Category: Criminal Law | Date: | Hits: 106
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......………………………………………….Respondents Judgment August 3, 2004. Lawyers Involved: Md. Nizamul Haque, Advocate- For the Petitioner. Adilur Rahman Khan, Deputy Attorney General with Razik-al-Jalil, Assistant Attorney- General-For the Respondents. Writ Petitio...... annexed as Annexure-A. 3. It has been further asserted that the continued incarceration of the under trial prisoner and an alleged 155 further under trial prisoners by the respondents is without lawful authority inasmuch as it is ultra vires section 167 and section 339C of the Cr.P.C. 4. Th..Category: Criminal Law | Date: | Hits: 45
Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)
....ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ...... has submitted that the relief sought for by the petitioner in the election petition falls in sub-clause (a) of clause (2) of Article 51 of President’s Order 155 of 1972. Mr. Khandakar submits that accordingly, the petitioner was given the relief under sub-clause (b) of clause (1) of Article 62 an......peal No.144 of 1997 is for an order dismissing the appeal on the preliminary point of maintainability. 2. The facts of the case, in short, are that the election in constituency No.129, Pirojpur-1, took place on the day of the general election to Parliament on 12-6-1996 and in the said election bo......of the same on merit. 4. Mr. M Amir-ul Islam, learned Advocate appearing for the appellant, submits that the Representation of the People Order, 1972 (President’s Order 155 of 1972) is a special law providing for hearing of an appeal by a Division Bench of the High Court Division against any de..Category: Election Law | Date: | Hits: 159
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....mplaint was pre-mature the case is barred, the result would be that the complainant will have no relief and only for a technical defect, the complainant will be deprived of the opportunity of getting justice. Purpose of any law is to give relief to an aggrieved party. Now, if we hold the view that t......charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......lis Ali as 31 DLR (AD) 118. Lawyers Involved: Ismail Hossain, Advocate—For the Petitioner. Nurul Haque, Advocate—For the Opposite Party No. 1. Md. Fazlul Haque Chowdhury, Assistant Attorney General- For the State. Criminal Miscellaneous Case No. 1145 of 2001 Judgment Md. Ha......s is required to be given under proviso (c) to section 138 of the Negotiable Instruments (Amendment) Act, 1994. The learned Advocate for the petitioner has submitted that as the 15 days time given by law for making payment did not expire, there was no cause of action for filing the case and, as such..Category: Criminal Law | Date: | Hits: 35
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......n. As such, it appears that the defendant’s liability for payment of the rent at least before the judgment passed in the suit in question, has not been discharged and the defendant did not pay rent according to his own showing and, therefore, is not protected under the law. It may further be held ......he suit. 2. Petitioner as plaintiff instituted the suit in question for ejectment of the defendant-opposite party, a monthly tenant, stating, inter alia, that the suit property originally belonged to Fulesa Khatun who transferred the suit premises by a deed of gift in favour of the plaintiff, her......hough there is clause-H standing in the way of taking possession of the suit premises by the landlord in the absence of unwillingness of the tenant, but the House Rent Control Ordinance being special law providing provisions for eviction of the tenant specially in view of section 18(5) of the said O..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....Mr. Shafique Ahmed, learned Counsel appearing for the petitioners, submits that the learned Assistant Judge committed serious error of law resulting in an error of his decision occasioning failure of justice in holding that the defendants dispossessed the plaintiff. He also submits that the trial Co......ll, namely, first, she claimed to have employed defendant Nos. 2 to 5 as,. her employees in the shop and secondly, on 11-09- 95 she inducted those on the basis of an oral agreement as stated earlier, according to Mr. Jamiruddin Sircar it was an arrangement of sharing profit out of the business. 1...... possession. 2. Opposite party as plaintiff instituted the suit under section 9 of the Specific Relief Act for recovery of possession of the suit shop. Plaint case, in short, is that the plaintiff took monthly lease of the suit shop on 01-07-87 from the petitioner No.1 on the basis of an agreemen......hin 45 days from date by the impugned judgment and decree. 7. Mr. Shafique Ahmed, learned Counsel appearing for the petitioners, submits that the learned Assistant Judge committed serious error of law resulting in an error of his decision occasioning failure of justice in holding that the defenda..Category: Civil Law | Date: | Hits: 82
Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)
....e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......ase to the Court of Metropolitan Additional Sessions Judge, 1st Court, Dhaka, said Tribunal No. 3 transferred the case record to the said Metropolitan Additional Sessions Judge, 1st Court, Dhaka, and accordingly on receipt of the record the Metropolitan Additional Sessions Judge framed charge on 21-......For the Petitioner. Khurshid Alam Khan, Advocate, instructed by Syed M Rahman, Advocate-on-Record—For the Respondent No. 2. Not Represented—Respondent No. 1. Criminal Petition for Leave to Appeal No.159 of 2009. (From the judgment and order dated 3-3-2009 passed by the High Court Di......ections 5 and 6 of the Druto Bichar Tribunal Ain authorizes the Government to transfer the case to a Tribunal for expeditious disposal and such transfer is not hit by the principle of equality before law or equal protection before the law inasmuch as the same is applicable to the trial of offence ..Category: Criminal Law | Date: | Hits: 34
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....ents attaining democracy, socialism, realising through democratic process a socialistic society from exploitation honouring the rule of law, fundamental human rights and freedom securing equality and justice. 16. Although the petitioners have alleged that the only provision for eviction of the sl...... to life. The State may not, by affirmative actions, be compellable to provide adequate means of livelihood or work to the citizens. But any person, who is deprived of his right to livelihood, except according to just and fair procedure established by law, can challenge the deprivation as offending ...... Services Trust and others…….…….Petitioners Vs. Government of the People’s Republic of Bangladesh and others………..Respondents Judgment November 15, 2007. Cases Referred to- State of Maharashtra Vs. Alka B Hingde, AIR 1998 SC 2342; Shiv Sagar Tiwari Vs. Union of Indi......shantek Basti, CS Plot Nos. 776 & 777 Mouza Joarshahara, JL No. 271, Khatian No. 127, West Bhashantek/Gudaraghat section 15 Ward No. (old) 4 (New 95) PS Kafrul, District Dhaka, without due process of law should not be declared illegal and without lawful authority being contrary to right to life as m..Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....ill be caused to the children for no fault of them. Taking into consideration the child's interest and welfare we think that a sentence for fine of Taka 2,000 (two thousand) would meet the ends of justice. She is directed to pay the fine within two months, in default, to undergo simple imprisonm......ould meet the ends of justice. She is directed to pay the fine within two months, in default, to undergo simple imprisonment for a period of two days only and therefore we convict and sentence her accordingly. 151. Now we come to the case of HM Ershad, the Ex-Army Chief and the former presid......ation. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as printer and publisher of 'Manabjamin'. It is now well settled that Editor, Printer and Publisher of a newspaper must accept the fullest responsibility for everything tha......re conversation might have been subsequently added to the tape. The application was allowed and on his production the tape was played in my chamber in his presence and in the presence of all other lawyers. On hearing the tape he agreed that it is his voice and he had that talk with the judge. Th..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ......esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ......he instance of the petitioner Md. Mohshinul Islam allottee of plot No.32 of Deed No.6 Section No.4, of the Uttara Model Town calling upon the respondents, Rajdhani Unnayan Kartripakkha and two others to show cause as to why layout plan dated 18-10-92 (Annexure-F) shall not be declared to have been m......del Town calling upon the respondents, Rajdhani Unnayan Kartripakkha and two others to show cause as to why layout plan dated 18-10-92 (Annexure-F) shall not be declared to have been made without any lawful authority and of no legal effect and the respondents were directed not to change the nature a..Category: Property Law | Date: | Hits: 55
Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)
.... the jurisdiction under section 115 of the Code of Civil Procedure is very limited for me to see only whether the Court of appeal below has committed any error of law which has resulted in failure of justice. 13. The learned Additional District Judge by his independent consideration of the materi......tes are excluded or added to the valid votes obtained by the returned candidate and the election-petitioner, in any case, the returned candidate received less votes than the election- petitioner, and accordingly, it allowed the election petition and declared the election-petitioner election Chairman......ested the election petition and the Election Tribunal dismissed the same ex parte against all by its order dated 14-11-99. The prayer for recount was also rejected. 4. The election-petitioner then took an appeal therefrom to the District Judge at Comilla. The appeal was heard and allowed. The ord......e impugned judgment and order as stated above. 9. Mr. Mainul Hosein, the learned Senior Counsel appearing for the revision-petitioners submits that the Election Tribunal committed serious error of law in sorting the votes into invalid as well as into ambiguous votes. He also submits that the Elec..Category: Election Law | Date: | Hits: 79
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....its that the Court erred in law in appointing arbitrators in the absence of any dispute or difference either within the meaning of the contract or the Act which has resulted in occasioning failure of justice. He also submits that the Court also erred in law in appointing one arbitrator for each of t......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......ion under section 115 of the Code of Civil Procedure against an order dated 19-11-1998 passed by Subordinate Judge 5th Court, Dhaka in Arbitration Miscellaneous Case No. 16 of 1998 by which an arbitrator was appointed by the Court for each of the parties. 2. Opposite party, the contractor, made a......or of the contractor and Justice KM Sobhan as that of the employer however, without any consent of them. 5. Mr. Enayetur Rahim, learned Advocate for the petitioner, submits that the Court erred in law in appointing arbitrators in the absence of any dispute or difference either within the meaning ..Category: Alternative Dispute Resolution | Date: | Hits: 186
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......eyor on flimsy pretext. The defendant’s loaded and unloaded cargo several times from one ship to another ship causing damage. The entire claim of the plaintiff on account of damage and compensation according to the amended pleadings is as follows: “1. Damaged” 1002 bags x 90 .......Plaintiff Vs. MV Sargodha and others …………………Defendants Judgment February 20, 2001. Result: The counter-claim is not entertainable and is dismissed. Case Referred to- FFUI Co. Ltd Vs. American President Lines, PLD 1992 (SC) 291. Lawyers Involved: Dr. M.......which they took on board the vessel. Reliance has been placed upon a decision in the case of FFUI Co. Ltd. Vs. American President Lines reported in PLD 1992 (SC) 291 where it has been stated that the law has given choice to the carrier to enter the particulars declared by the shipper or not to enter..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
....xpectation is made out then the next question would be whether a failure to give an opportunity of hearing before a decision, affecting such legitimate expectation is taken has resulted in failure of justice, and whether on that ground the decision should be quashed. If that be so then what should b......n the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 7.......vs Hindustan Development Corporation AIR 1994 (SC) 988 relied (7 & 8)
Lawyers Involved:
Mrs. Rabeya Bhuiyan with Safiuddin Md. Anisur Rahman Advocates—For the Petitioner.
Mahmudul Islam Attorney-General, Shahabuddin Ahmad, Deputy Attorney-General with Bazlur Rahman Chhana, Advocate—For......e of the petitioner North South Property Development Ltd, calling upon the respondents to show cause as to why notification dated 9-10-98 (Annexure-K) should not be declared to have been made without lawful authority and of no legal effect. Case of the petitioner is that the respondent No.1 decided ..
Category: Civil Law | Date: | Hits: 92
Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)
....r the appellate Court does not have such power. The impugned order of the appellate Court was, therefore, passed in excess of its jurisdiction and that has resulted in an error occasioning failure of justice and, as such, is liable to be set aside and is accordingly, set aside. The application of th......t in answer to the plaint either in denial of the plaint case or admitting the plaint in part or whole and constitutes his defence in the suit. The written statement is to be filed in the trial Court according to the provisions of Order 8 rule (1) of the Code. 10. In view of the above provisions ......n) Present: Md. Abdur Rashid J Narayan Chandra Saha and another ……………..Petitioners Vs. Jatindra Chandra Saha and others………………..Opposite Parties Judgment October 28, 1999. Lawyers Involved: Promila Biswas with Ms Nahid Sultana, Advocates—the Petit......he petitioner as plaintiff for a declaration that the notice dated 06-02-82 issued by the vested property authorities asking him to surrender the possession of schedule-B land is illegal, without any lawful authority and not binding on him. The suit was contested by opposite parties Nos.3 and 4 and ..Category: Procedural Law | Date: | Hits: 66
....ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 4.
......st 50% of the decretal amount within 30 days from the date of the decree for preferring the appeal. It is submitted that the Bank-guarantee furnished can be construed as 50% of the decretal amount as according to the learned Advocate this Bank-guarantee is as good as cash money and in support of his......
3. The learned Advocate appearing on behalf of the appellants-petitioners submits that as the suit was filed and disposed of by the Artha Rin Adalat under the Artha Rin Adalat Ain the defendants had to file the Bank-guarantee for enabling them to prefer appeal under section 7 of the Artha Rin Adala......., reported in 1 (1992) BC 487. The learned Advocate contends that these two decisions indicate that in Banking transactions Bank-guarantee may be construed cash money and following the principles of law enunciated in these two decisions he submits this Memorandum of Appeal may be accepted as there ..
Category: Banking Law | Date: | Hits: 108
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