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QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......d ors, 1977 (SC) 1496 and State of Punjab vs. Balbir Singh and ors, at page 1717; ATM Mehtab Majid and Co. vs. State of Madras and another 1963 (SC) 928. Lawyers Involved: Rafique-ul-Huq with Zaforullah Chowdhury and Hasanul Karim, Advocates — For the Petitioners. Habibul Islam Bhuiyan wi......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......d Telephone Board and another, 48 DLR 20 (AD) 1996 to contend that impugned notice was served without any show cause notice which offends the principle of natural justice and is malafide. The learned Judges of the Appellate Division addressed themselves as under: “A licence is a privilege creat..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43.......ion No. 55(C)/1988. Judgment AK Badrul Huq J.- The subject matter of challenge in this Rule issued on an application under section 439 of the Code of Criminal Procedure at the instance of the informant-petitioner is the judgment and order of acquittal passed upon the accused-opposite-parties i......, influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43.......258 = 12 DLR (SC) 225 and Fateh Muhammad Vs. Bagoo and others, 12 DLR SC 200. Thus to indicate that unless it is possible to demonstrate with certainty that none of the grounds upon which the learned Judges have purported to acquit is at all supportable, this Court will be reluctant to interfere eve..Category: Criminal Law | Date: | Hits: 42
Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)
....y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40.......g in the 5th Court of Additional Sessions Judge, Dhaka should not be quashed or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts, in short, necessary for the purpose of disposal of this Rule may be summed up as follows: Mr. Chowdhury Fakruzzaman, ......y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40.......ccused petitioner is not a public servant under the mischief of section 21 of the Penal Code. The Government vide notification No. 36O4-J dated 1st November, 1958 found to have appointed all Sessions Judges, all Additional Sessions Judges who have for a period of not less than three years exercised,..Category: Criminal Law | Date: | Hits: 62
State Vs. Babul Miah, 2010, 39 CLC (AD)
....al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66.......passed by the High Court Division in Death Reference No. 20 of 1992 heard along with Jail Appeal No.1069 of 1992.) Judgment Surendra Kumar Sinha J.- The Respondent Babul Miah was put on trial before the learned Sessions Judge, Brahmanbaria to face charges punishable under sections 302/34 and 3......al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66.......earned Sessions Judge found the respondent guilty on two counts and sentenced him to death under sections 302/34 of the Penal Code but no separate sentence was awarded on the other count. The learned Judges of the High Court Division rejected the death reference and acquitted the respondent of the c..Category: Criminal Law | Date: | Hits: 58
Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)
....11. Result: The Contempt Rule is made absolute. The explanation given by the contemner is inconsistent misleading The contemner took different pleas at different stages, committed gross contempt by his willful disobedience to and non-compliance with order and continued making contradic......ontemner took different pleas at different stages, committed gross contempt by his willful disobedience to and non-compliance with order and continued making contradictory and misleading statements before the Court. Though apparently he had prepared the bill, but admittedly did not place it for sign...... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....e Surendra Kumar Sinha. Shah Abu Nayeem Mominur Rahman J.- I have gone through the main judgment of my learned brother Justice Surendra Kumar Sinha. 4. The facts and the issues involved in the contempt proceeding have been discussed in detail in the main judgment. The discussion on the point ......y the High Court Division in disposing of the Writ Petition No. 3806 of 1998 (Bangladesh Legal Aid and Services Trust (BLAST) and others Versus Bangladesh and others), making specific recommendations for compliance in passing order for ‘investigation and remand’ and the said decision (reported i......rded to be that which is declared by the Appellate Division to be the law. Thus, where a provision, in the law, relating to contempt imposes reasonable restrictions, no person can take the liberty of scandalising the authority of the Court of law. Freedom of expression does not mean that the journal....... Jain V. A.T. Gupta, AIR 1983 S.C. 1151, M.B. Sanghi V. High Court of Punjab and Haryana, AIR 1991 S.C. 1834, R.V. Almon (1765), Wilm at page-270, In re: Johnson, (1887) 20 QB 68, Edward Snelson Vs. Judges H.C.Lahore, 16 DLR (SC) 535, King Emperor V.Khwaja Nazir Ahmed AIR 1945 P.C. 18, D.C. Saxena ..Category: Criminal Law | Date: | Hits: 164
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....en prejudiced in any respect or manner. 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) 341. ......iff. 2. Facts as stated in the Wit Petition, in short, are that, the respondent No. 2 as plaintiff filed Title Suit No.73 of 1994 in the Court of Subordinate Judge and Artha Rin Adalat No. 4 Dhaka for recovery of Taka 1,59,79,268.75 by sale of mortgaged property as described in the schedule to th......en prejudiced in any respect or manner. 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) 341. ......if appears to the court due to bona fide and genuine mistake, then the Court in its judicial discretion may grant leave considering the case to be one of exceptional circumstances. Hence, the learned Judges of the High Court Division gave a reasonable construction of the words, ‘Provided that the ..Category: Civil Law | Date: | Hits: 90
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543....... was filed under section 561A of Code of Criminal Procedure by the present petitioner Mostafa Aminur Rashid which was heard and disposed of by this Bench on 2-2-99. Against that the Criminal Petition for Leave to Appeal No. 76 of 1991 was moved before the Appellate Division but the same was dismisse...... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......e circumstances set out above. Petheram CJ, in the judgment pronounced by him, has made the following observations: - “Speaking for myself and indeed in this, matter I think for the whole of the Judges constituting this Bench, I have no doubt whatever that, in cases of this kind no power of rev..Category: Criminal Law | Date: | Hits: 55
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543....... was filed under section 561A of Code of Criminal Procedure by the present petitioner Mostafa Aminur Rashid which was heard and disposed of by this Bench on 2-2-99. Against that the Criminal Petition for Leave to Appeal No. 76 of 1991 was moved before the Appellate Division but the same was dismisse...... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......e circumstances set out above. Petheram CJ, in the judgment pronounced by him, has made the following observations: - “Speaking for myself and indeed in this, matter I think for the whole of the Judges constituting this Bench, I have no doubt whatever that, in cases of this kind no power of rev..Category: Criminal Law | Date: | Hits: 52
State Vs. Farooq Ahmed, Subordinate Judge, 1999, 28 CLC (HCD)
....ul Hoque J. - This suo moto Rule was issued on 20-6-99 calling upon the contemner Mr. Farooq Ahmed. Subordinate Judge, 3rd Court Dhaka to show cause as to why he should not be punished for committing contempt of this Court for violating the order dated 1-11-98 passed by a Division Bench of this Cour......nt Kazi Ebadul Hoque J. - This suo moto Rule was issued on 20-6-99 calling upon the contemner Mr. Farooq Ahmed. Subordinate Judge, 3rd Court Dhaka to show cause as to why he should not be punished for committing contempt of this Court for violating the order dated 1-11-98 passed by a Division Ben...... by him for the 1St time, we accept his apology. In the result the Rule is disposed of with the above observation accepting the apology. Ed. This Case is also Reported in: 51 DLR (1999) 515. ...... by him for the 1St time, we accept his apology. In the result the Rule is disposed of with the above observation accepting the apology. Ed. This Case is also Reported in: 51 DLR (1999) 515. ..Category: Criminal Law | Date: | Hits: 45
Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)
....e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ......of 1980, 408 of 1982 and 213 of 1985 from competent Civil Courts prior to the date of inclusion of the disputed property in the abandoned property list on 23rd September, 1986. 2. Facts relevant for the disposal of this appeal are that appellant entered into a contract for purchase of the dispu......e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ......03. (From the judgment and order dated 17-7-2001 passed by the High Court Division in Writ Petition No.1003 of 1994.) Judgment SK Sinha J.- Leave was granted to consider whether, the learned Judges of the High Court Division were justified in holding that the listing of the disputed propert..Category: Property Law | Date: | Hits: 65
....o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 991.......slam, Senior Advocate (with Mahbubey Alam, Senior Advocate), instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No. 1.
Not represented- Respondent Nos. 2-4.
Civil Petition for Leave to Appeal No. 2495 of 2009.
(From the judgment and order dated 9.6.2008 passed by the H......o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 991.......against the defendant No.4, totaling Tk.6,18,57,952/- in place of Tk. 8,16,52,496.567.
6. Mr. Rokanuddin Mahmud, the learned Senior Counsel appearing for the petitioners contended that the learned Judges of the High Court Division erred in law in affirming the judgment and decree with modificatio..
Category: Civil Law | Date: | Hits: 96
.... and 2nd November, 2003 passed by the High Court Division of the Supreme Court of Bangladesh in Contempt Petition No.3 of 2003 arising out of Company Matter No.2 of 2000 convicting the appellants for contempt of Court and sentencing them to pay fine of Tk.2000/- each, in default, to suffer simple im...... 1st and 2nd November, 2003 passed by the High Court Division of the Supreme Court of Bangladesh in Contempt Petition No.3 of 2003 arising out of Company Matter No.2 of 2000 convicting the appellants for contempt of Court and sentencing them to pay fine of Tk.2000/- each, in default, to suffer simpl...... above, we find no cogent reason to interfere with the impugned order of the High Court Division.
In the result, the appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 971....... above, we find no cogent reason to interfere with the impugned order of the High Court Division.
In the result, the appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 971...
Category: Criminal Law | Date: | Hits: 60
Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)
....e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ...... refusing to strike off the name of the opposite party No. 1 from the plaint of Other Suit No. 41 of 1978 of the Court of Sub-Judge, 1st Court, Sadar, Chittagong. 2. The petitioner instituted the aforesaid suit against the opposite party Nos.2 to 5 for specific performance of contract for certa......e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ......ce of contract against the certified purchaser on the ground that the latter was the benamidar of his vendor in view of the provisions of section 66(1) of the Code of Civil Procedure. The learned Judges held that the suit was saved by the first part of sub-section (2) of Section 66 of the Civil ..Category: Procedural Law | Date: | Hits: 70
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......der or further order or orders as to this court may seem fit and proper. 2. The pre-emptor instituted the preemption Misc. Case No.11 of 2006 in the court of Assistant Judge Bhuringamari, Kurigram for preemption of the schedule property made in the preemption case. 3. The case of the pre-empt......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ..Category: Property Law | Date: | Hits: 36
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....temners. Contempt Petition No. 83 of 2001. Judgment Syed Amirul Islam J.- This Rule was issued calling upon the respondent contemners to show cause as to why they should not be committed for contempt of court for non-complying with the order dated 16-7-2001 passed by this Court in Writ Peti...... Contemners. Contempt Petition No. 83 of 2001. Judgment Syed Amirul Islam J.- This Rule was issued calling upon the respondent contemners to show cause as to why they should not be committed for contempt of court for non-complying with the order dated 16-7-2001 passed by this Court in Writ ......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531...Category: Civil Law | Date: | Hits: 70
Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)
....have arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 871.......Abdus Salam Khan, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For Respondent Nos. 1-2, 4-6 & 8. Not represented- the Respondent Nos. 3, 7, 9 & 10. Civil Petition for Leave to Appeal No. 2320 of 2009. (From the judgment and order dated 25.6.2009 passed by the ......have arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 871.......antiate the plaintiffs claim of acquisition of title in the suit land and that the plaintiffs having failed to prove their claim of possession followed by dispossession by the defendants, the learned Judges of the High Court Division fell in an error in interfering with those findings of facts and r..Category: Property Law | Date: | Hits: 30
.... Court are the Court of records under Article 108 of the Constitution and shall have powers of such a Court including the power subject to law to make an order for investigation or punishment for any contempt of itself.
83 The judicial proceeding before the Court shall be open. In the exceptional......res and unconstitutional.
2. Originally, Rule in Writ Petition No. 1543 of 2003 was obtained by Mr. Md. Idrisur Rahman, an Advocate of the Supreme Court, in Writ Petition No. 2975 of 2003 by three former Additional Judge, who were not confirmed and in Writ Petition No. 3217 of 2003 by Mr. Farhad ......f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
...... 1543, 2975 and 3217 of 2003.
Judgment
Md. Abdur Rashid J.- The above Rules Nisi were on 4-5-03 issued calling upon the respondent, Bangladesh to show cause why non-appointment often Additional Judges in the High Court Division shall not be declared to have been done illegally and without lega..
Category: Constitutional Law | Date: | Hits: 253
....s of the case and the terms of the decree we do not find any merit in this leave petition.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 819.......vocate-on-Record-For the Petitioner (Appeared with the leave of the Court).
Abdul Wadud Bhuiyan, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record- the Respondents.
Civil Petition for Leave to Appeal No. 388 of 2009.
(From the judgment and order dated 02.12.2008, 2009 passed b......s of the case and the terms of the decree we do not find any merit in this leave petition.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 819.......tion for set off. Rule was issued in this Writ Petition on 18.8.2008 and on that date an order also was passed staying all further proceedings of Money Execution Case No. 3 of 1999.
3. The learned Judges of the High Court Division noticed "From the above stated admitted facts it is evident that b..
Category: Civil Law | Date: | Hits: 75
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
...., as such, it should be maintained. 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: 54 DLR (2002) 500. ......pposite Parties. Civil Revision No. 5039 of 1998. Judgment KM Khaled J.- This Rule, was obtained by the preemptor- petitioner of the Miscellaneous Case No. 36/1994 upon making an application for revision under section 115(1) of the Code of Civil Procedure against judgment and order dated 13......, as such, it should be maintained. 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: 54 DLR (2002) 500. ......he Miscellaneous Case No. 36/1994 upon making an application for revision under section 115(1) of the Code of Civil Procedure against judgment and order dated 13-7-1998 passed by the learned District Judges, Serajganj in Miscellaneous Appeal No. 37 of 1997 upholding those of the Senior Assistant Jud..Category: Procedural Law | Date: | Hits: 75
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