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Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......authority and of no legal effect and why the respondents should not be directed to regularize the service of the petitioners in Biman pursuant to the recommendations of various inquiry committees formed from time to time with all Biman service facilities and allowances including retirement benef...... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......re equal in the eye of law, meaning thereby that it will not accord favoured treatment to persons within the same class.” 55. On consideration of the views expressed by these distinguished Judges and Authors as to the meaning of the phrase “equality before law and equal protection of th..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......order or orders as to this Court may seem fit and proper. 2. The prosecution case, in short, is that one MM Shabbir Hassan, Deputy Director, Anti-Corruption Commission on 9-12-2007 lodged First Information Report, (hereinafter referred as FIR) in Tejgaon Police Station alleging inter alia that i......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......s advanced by Mr. Yusuf Hossain Humayun that this case has been initiated to malign the image and popularity of a popular public leader. 59. In this respect we are constrained to hold that in fact Judges are blind in dispensing justice. They do not find anybody's face before them when doing so, b..Category: Criminal Law | Date: | Hits: 126
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......h Registrar as per the provision of section 4 of the Muslim Marriage and Divorce (Registration) Act, 1974. It has been stated that on the occurrence of a vacancy in the Office of a Nikah Registrar or for a new office the District Registrar may with approval of the Government issue licence to a quali......on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......of the Appellate Division considered the provision of rule 10 of the Muslim Marriage and Divorces (Registration) Rules, 1975 as amended and the relevant provision of the Act and held that the learned Judges of the High Court Division rightly held that the Government has the power to alter, extend, c..Category: Civil Law | Date: | Hits: 90
Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)
....ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......iving rise to the filing of this revisional application under section 25 of the Small Causes Court Act and the issuance of this Rule. 2. The plaintiff (landlord) Jahanara Hasan is the petitioner before this Court. She instituted SCC Case No.92 of 1990 for ejectment of defendant Nos. 1 and 2 (tena......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......the months of November and December, 1993 on 1-1-94, Mr. Md. Azizul Hoque, learned Advocate appearing for the tenant opposite parties, argued that the month of December is the annual Vacation for the Judges Court and it re-opened on the 1st of January and that is why the rent for the month of Novemb..Category: Property Law | Date: | Hits: 64
.... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
......ent 2, the People's Republic of Bangladesh, claiming damages of Tk.84 and odd lacs. The plaint case is that Respondent 1 was employed by Appellants in the year 1973, under an agreement dated 13-12-73 for reconstructing Jetties 1-6. Soon after Respondent 1 had completed a part of the work, prices of ...... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
......outside the arbitration clause in that a compensation or damages have been claimed. It observed that the subject matter of the suit arose out of a breach of contract entered into in 1973. The learned Judges were of the view that the Court below was justified in refusing the prayer for stay.
4. Le..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......s on behalf of convicts in jail against their convictions and sentences under the general law as well as special laws. As these appeals involve almost common points of law, they are taken up together for disposal and this judgment would govern in all these appeals. 2. All but two appeals have bee......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......on a trial held by a Metropolitan Magistrate, a Magistrate of the First Class and an Assistant Sessions Judge who passes a sentence for a term of five years be communicated to the respective Sessions Judges. In case of a conviction under section 124A and in other cases, the appeals have to be commun..Category: Criminal Law | Date: | Hits: 73
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ...... accordingly, sent the file to the teamed Chief Justice. Learned Chief Justice was pleased to direct us to hear and dispose of the matter. 3. Defendant No. 1 Uttara Bank obtained the Rule against aforesaid decree of reversal. Opposite party No. 1, Syed Abidur Reza as plaintiff on 17‑3-82 inst......ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ......ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ..Category: Employment/Service Law | Date: | Hits: 174
Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ......ur Rahman, Advocates ‑ For the Plaintiff. M Hafizullah with SK Siddique, Advocates - For the Defendants. Admiralty Suit No. 21 of 1993. Judgment AM Mahmudur Rahman J.- The application for arrest of the vessel along with the application for injunction filed by the plaintiff are taken ......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ...... Sinha J. - This appeal by leave is directed against the judgment and order dated 10th July, 2000 of a Division Bench of the High Court Division in Civil Revision No.414 of 1999. 2. Facts relevant for disposal of the appeal are that the appellants (plaintiffs) instituted Title Suit No.45 of 199......fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......d judgment made the rule absolute by reversing those of the courts below and dismissed the suit. 5. Mr. Mahbubey Alam, the learned Counsel appearing for the plaintiffs contended that the learned Judges of the High Court Division erred in law in disbelieving the execution of the deed of contra..Category: Civil Law | Date: | Hits: 55
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......lodged an FIR with the Rawjan Police Station on the same day at about 8.30 p.m. against the appellant and two others. On the basis of a police report, the appellant and two others were put on trial before the learned Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No. 56 of......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......re not infrequently set aside by the High Courts weakening the credibility of the judicature. The rule of benefit of reasonable doubt does not imply a frail willow bending to ever whiff of hesitancy. Judges are made of sterner stuff and must take a practical view of legitimate inferences flowing fro..Category: Criminal Law | Date: | Hits: 81
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ......, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. (In Civil Petition No.1891 of 2010.) None represented-For the Respondents. (In both the cases) Civil Petition for Leave to Appeal Nos. 1847 and 1891 of 2010. (From the judgment and order dated the 12th and 1......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ...... of April, 2010 made the Rule absolute in part in Writ Petition No.2669 of 2000 and discharged the Rule in Writ Petition No.6451 of 2000. Although in the operating portion of the judgment the learned Judges have not specified which particular provisions of the impugned Acts are ultravires to the pro..Category: Constitutional Law | Date: | Hits: 219
Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
....tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ......on-Record-For the Petitioner. Shaheed Alam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No.2. None represented-For Respondent No.1. Civil Petition for Leave to Appeal No. 124 of 2010. (From the judgment and order dated the 8th day of November, ......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ......n law in maintaining the order passed by the District Judge by ratifying the same invoking the inherent power of the Court under section 151 of the Code. Mr. Siddique further submits that the learned Judges of the High Court Division failed to consider that respondent No.2 who was subsequently imple..Category: Civil Law | Date: | Hits: 108
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
.... Very often it has to make an order commanding a person to do something or restraining him in some way. If he disobeys, the Court has one weapon in its armoury which it can use. It can punish him for contempt of Court. Either by fine or by imprisonment. This kind of contempt has the characteristics ......earned Munsif, Kendua Upazila dated 23.8.84 in Misc. Case No.115 of 1984. 2. Opposite parties filed an application under Order 39, rr. 1 and 2 CPC in Title Suit No.358 of 1981 which was instituted for permanent injunction in the Court of Munsif, Netrakona on various averments and the learned Muns......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ..Category: Criminal Law | Date: | Hits: 90
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ......rbitrator dated September 20, 1990 in Arbitration Case No.115 of 1990. 2. The facts giving rise to the present appeal are as follows: The appellant M/s Kibria and Associates Ltd, was appointed for construction of Low Cost Fertilizer Warehouse and Ancillary Buildings at Tepakhola, Faridpur by ......ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ......ce upon the case of State of Madhya Pradesh Vs. M/s Saith and Skelton Ltd. and others, 1972 (SC) 1507 and urged that section 34 CPC was not attracted to a proceeding before an Arbitrator. The learned Judges noted that the contention of the appellant in that case was in the absence of any usage or co..Category: Alternative Dispute Resolution | Date: | Hits: 156
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ...... Sessions Judge, Kurigram in Special Case No.1 of 1986 convicting the appellant under section 409 of the Penal Code and section 5(2) of Act II of 1947 and sentencing him to suffer simple imprisonment for 1 (one) year and also to pay fine of Tk. 3,800.00, in default, to suffer simple imprisonment f......o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......se of the powers conferred by sub‑section (2) of section 4 of the Pakistan Criminal Law Amendment Act (now Bangladesh) 1958 (Act XL of 1958), the Government is pleased to direct that all Sessions Judges of East Pakistan, and Bangladesh) be the Senior Special Judges in respect of their respective..Category: Criminal Law | Date: | Hits: 92
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
.... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ...... 2. In this writ petition Mr. Abu Bakkar Siddique, an Advocate of the Supreme Court of Bangladesh and President of Bangladesh Muslim Millat Party, is the petitioner. Mr. Justice Shahabuddin Ahmed, former Chief Justice of Bangladesh, who has been declared elected as President of Bangladesh, is Res...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ...... the above Article of the Constitution. 18. In this connection it may be mentioned that in the celebrated judgment of the case of SP Gupta Vs. Union of India, AIR 1982 (SC) 149, popularly known as Judges case (524 pages judgment), it was observed by their Lordships that the profession of lawyers ..Category: Constitutional Law | Date: | Hits: 200
Ripon Howlader Vs. State, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715.......tion is dismissed. Lawyers Involved: S.M. Shahjahan, Advocate instructed by Md. Abu Siddique, Advocate-on-Record-For the Petitioner. None Represented-For the Respondent. Criminal Petition for Leave to Appeal No.298 of 2008. (From the judgment and order dated the 20th and 23rd days of ......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715.......he absence of any motive the killing of the victim by the petitioner does not support the prosecution case save and except a doubt created in the mind of the relations of the victim which the learned Judges of the High Court Division failed to consider in convicting the petitioner; that investig..Category: Criminal Law | Date: | Hits: 81
....lant shall submit the concise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise statements.
Ed.
This Case is also Reported in: VIII ADC (2011) 685.
......ocate-on-Record-For the Petitioners.
M. A. Samad, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.4.
None represented-For Respondent Nos.1-3.
Civil Petition for Leave to Appeal No.2133 of 2010.
(From the judgment and order dated the 11th day of August, 2......lant shall submit the concise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise statements.
Ed.
This Case is also Reported in: VIII ADC (2011) 685.
...... approach that the second application with the deposit of shortfall having been filed after more than two years, the petitioners were not entitled to get the relief in law. In this regard the learned Judges failed to consider that the delay in depositing the shortfall of the statutory deposit took p..
Category: Property Law | Date: | Hits: 48
Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
....of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637....... Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Harunur Rashid, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.2106 of 2009. (From the judgment and order dated the 31st day of May, 2009......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......d Mr. Md. Hefzul Ban, learned Advocate for the petitioner and Mr. Harunur Rashid, learned Advocate, for the respondents. 6. From the judgment of the High Court Division it appears that the learned Judges refused to interfere with the judgment and decree of the appellate Court on the ground that t..Category: Civil Law | Date: | Hits: 55
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......the judgment and order dated 3-2-98 passed in Family Suit No.27 of 1996 by the learned Senior Assistant Judge and Family Court, Chouddagram, Comilla rejecting the defendant-petitioner’s application for rejection of the plaint under section 6(8) of the Family Court Ordinance 1985. 2. The Opposit......ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295...Category: Family Law | Date: | Hits: 166
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