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Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
....nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......i Shafiuddin J.- This Rule was issued calling upon the respondents to show cause why the respondent Nos. 1-4 shall not be directed to hold fresh polls at Dhaka Uttar Muhammadpur High School Station for the election of Chairman of No. 1 Ali Nagar Union Parishad within Upazila Beani Bazar, District ......nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57....... finds support from the decision in the case of New India Tea Co. Vs. Bangladesh, reported in 31 D.L.R. (A.D.) 303 which reads as follows: "Mr. Paul the learned counsel argues that the learned Judges of the High Court were wrong in deciding the disputed question of facts relating to title to ..Category: Election Law | Date: | Hits: 119
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ...... of 2002 is M/s. Islam Steel Mills Limited, and the respondent No.1 in the other two appeals is M/s. Karnaphuli Cotton Mills Limited (plaintiffs), who instituted Money Suit Nos. 44, 45 and 46 of 1994 for recovery of Tk. 28,03,624.45, Tk. 30,10,503, 74 and Tk. 68,27,299.42 respectively with the inter......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ..Category: Business or Commercial Law | Date: | Hits: 212
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....For the Petitioner Dr. Kamal Hossain with Rokanuddin Mahmood, Senior Advocates‑For Contemner‑Opposite. Parties. Contempt Petition No. 3 of 2003. Judgment Syed Amirul Islam J.- This contempt Rule was issued calling upon the contemner opposite parties to show cause as to why they sh...... Contempt Petition No. 3 of 2003. Judgment Syed Amirul Islam J.- This contempt Rule was issued calling upon the contemner opposite parties to show cause as to why they shall not be committed for contempt of Court for dishonoring, disregarding and non compliance of the direction given in the......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73...Category: Banking Law | Date: | Hits: 158
Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......ted 19-7-95 by the Sessions Judge, Feni in Sessions Case No. 24 of 1994 convicting accused appellant Md. Salim under section 302 of the Penal Code and sentencing him thereunder to suffer imprisonment for life and to pay a fine of Taka 5,000 in default, to suffer RI for a further period of 6 months. ......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......hat deceased had an affair with her elder sisters husband Salim for which she was rebuked by her guardians, following which she committed suicide out of emotional torments. 6. The learned Sessions Judges, Feni by his impugned judgment dated 19-7-95 convicted accused appellant Md. Salim under sect..Category: Criminal Law | Date: | Hits: 53
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......n application under section 115 of the Code of Civil Procedure against order dated 10-9-2000 passed by Senior Assistant Judge at Sadar in Rangpur Other Execution Case No. 2 of 1997. 2. Short facts for disposal of the Rule are on 13-5-81 opposite party No.1 and the predecessor of opposite party No......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......or the purpose of jurisdiction. By a majority decision, it was held that value of the share of the plaintiff would be the value of the suit for jurisdiction. In deciding the issue, one of the learned Judges observed that when the plaintiff is out of possession of joint property the grant to him of s..Category: Property Law | Date: | Hits: 29
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
.... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340.......ate Judge, Artha Rin Adalat, Narayanganj in Bandhaki Case No. 93 of 1992 by which the ex parte decree passed on 16-3-93 in the said suit, was set aside. 2. The petitioner, as plaintiff, filed the aforesaid suit against the defendant opposite parties praying for realisation of Taka 1,29,51,161,40 ...... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340....... assumed jurisdiction under section 115 (1) CPC holding that since section 4(2) of the Artha Rin Adalat Act provides that the judges of the Artha Rin Adalat will be appointed from amongst Subordinate Judges in consultation with the Supreme Court and the Rules framed under the above Act also provides..Category: Civil Law | Date: | Hits: 93
Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)
....empt Petition No. 72 of 2001 against the respondents for violating the order of stay dated 21-6-2001 and Rules were issued directing the Chairman and Managing Director of SIBL to show cause as to why contempt proceedings should not be drawn up against them (Annexure K, K-1, K-2 and K-3). 8. The r......86 of 2001. Judgment K M Hasan J. - These two applications are taken together as the facts and law points involved in both the cases are similar. In Matter No. 78 of 2001 an application is made for direction upon the respondents for compliance of section 95 read with section 233 of the Compani......the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306.......the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306...Category: Company Law | Date: | Hits: 208
.... Court expressed that in view of Article 215 of the Constitution, the High Court, as a Court of Record, possesses inherent power and jurisdiction, which is a special one, not arising or derived from contempt of Courts Act and that no law made by a Legislature can take away the jurisdiction conferre...... R -v- Hampden, 1637 3St Tr 825, Jamat-e-Islami –vs- Federation of Pakistan, PLD 2009 SC 549, Pickin-v-British Railway Board, 1974 AC 765, Dr. Bonham’s case, 1610 8 Co Rep 114a, Dred Scott-v- Sandford, 60 US at 93, 405 1857, also 19 Howard 393 1857, Hodges –v-United States 203 US 1 1906, Butts......he certificate asked for, which is hereby issued.
There is however, no Order as to cost.
Sheikh Md. Zakir Hossain J.- I agree.
Ed.
This Case is also Reported in: 63 DLR (2011) 565.
......ughly misconstrued the so-called doctrine of necessity. This judgment literally heralded the inception of the most ignoble chapter in the history of Pakistan. It was generally perceived that had the Judges of the Supreme Court taken a bold step to follow the true spirit of law, remaining loyal to ..
Category: Constitutional Law | Date: | Hits: 482
Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)
....r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287....... and 128 of 1999. Judgment Abu Sayeed Ahammed J.- Both the Rules have arisen on the similar disputed facts and same law point is involved and, as such, with the consent of the learned Counsels for the petitioners, both the Rules have been taken up for hearing together and disposed of by this ......r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287....... which empowered the Central Government to exempt from duty a commodity leviable under the Act, the power to withdraw the exemption flows from the same provision.” 18. So we see that the learned Judges of the Peshawar High Court have termed variation as “withdrawal” of exemption. It is not ..Category: Fiscal/Taxation Law | Date: | Hits: 62
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ...... the State Acquisition and Tenancy Act being Miscellaneous Case No.18 of 1996 in the Court of Subordinate Judge, Second Court at Noakhali against opposite party No.1 preemption (purchaser) and others for preemption. The application was allowed ex parte on 16-4-98. 3. On 28-9-98 Umme Kulsum, as wi......d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ......however drew our attention to a power of attorney kept in the file and an envelope. We have seen them. It appears to be a power of attorney and typewritten in Bengali by the typist Dipen Chandra Pal, Judges Court, Noakhali. It does not bear any date. The envelope is also torn and open. The record ..Category: Limitation Law | Date: | Hits: 175
.... at liberty at once, if not required in any other case.
Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 266.......ies.
Criminal Miscellaneous Case No. 6693 of 2001.
Judgment
AK Badrul Huq J. - The detenu Md. Aftab Hossain is under Preventive Detention in Barisal District Jail. The detenu stood arraigned for offence punishable under section 19(a) and (f) of the Arms Act, 1878 in Kotwali Police Station C...... at liberty at once, if not required in any other case.
Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 266.......able of legal justification, is the basis of jurisdiction in habeas corpus. In any matter involving the liberty of the subject the action of Executive is subject to the supervision and control of the Judges on habeas corpus, Judges are guardians of liberty of the subject. Judges are to see that the ..
Category: Criminal Law | Date: | Hits: 39
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ....... Judgment Md. Hamidul Haque J. - This Rule was issued calling upon the respondents to show cause as to why the detenu Shahriar Kabir now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and wit......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ......tter of criminal trial”. There is another case reported in the same volume of AIR 1974 at 2154. This is the case of H Saha Vs. State of West Bengal. In this case the Bench was constituted with five Judges including the Chief Justice of the Supreme Court of India. In this case, the Court has observ..Category: Constitutional Law | Date: | Hits: 195
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......d order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194....... Civil Revision No. 732 of 1990, filed by the plaintiff opposite party instead of original Exhibits. A and B filed and taken back as aforesaid. The plaintiff further alleged that the learned District Judges having not been in seisin of the said Exhibits. A and B, could not properly adjudicate the ma..Category: Property Law | Date: | Hits: 64
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
....y No. 1. Contempt Petition No. 3 of 2001. Judgment Syed Amirul Islam J.- This Rule was issued against the contemner-opposite party No. 1 to show cause as to why he shall not be committed for contempt of Court and punished accordingly for disregarding and flouting the order date 29-3-2001 pa......Party No. 1. Contempt Petition No. 3 of 2001. Judgment Syed Amirul Islam J.- This Rule was issued against the contemner-opposite party No. 1 to show cause as to why he shall not be committed for contempt of Court and punished accordingly for disregarding and flouting the order date 29-3-200...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ..Category: Intellectual Property Law | Date: | Hits: 181
State Vs. MA Monir & Others, 1987, 16 CLC (HCD)
....uiyan, Additional Attorney General - For the State. Mozammel Haque Bhuiyan and AMM Rahim- For the Contemner Nos. 2-4. Contempt Case No. 5 of 1986 Judgment Mustafa Kamal J. - This Rule of contempt was issued by the erstwhile Comilla Bench to which one of us was a party asking the four co......Mustafa Kamal J. - This Rule of contempt was issued by the erstwhile Comilla Bench to which one of us was a party asking the four contemners to show cause why they shall not be convicted and punished for contempt of Court for writing, edition, printing and publishing a letter to the Editor captioned......ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183.......blishing a letter to the Editor captioned “পেশকারের পেশী” in the issue of the Daily Inquilab at page 5 of the 12th June, 1986 containing scandalous allegations against the Judges. as a class and the Bench Officers of the Judges as a class, thus undermining the dignity and..Category: Criminal Law | Date: | Hits: 37
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ...... II of the Bangladesh Bar Council in Tribunal Case No. 4 of 1983, finding the appellant guilty of gross professional misconduct under Clause (1) of Article 32 of P.O. No.46 of 1972 and suspending him for a period of 8 years and debarring him from practising in any Court or authority in Bangladesh du......ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ......ashid, an Advocate of erstwhile Mymensingh bar and later of Jamalpur bar was the legal advisor of Pubali Bank and he used to file and conduct all suits of Jamalpur area in the Courts of Subordinate Judges at Mymensingh on behalf of the said bank. In 1979 upon the instruction of P.W.2 Sk. Nowsher A..Category: Others | Date: | Hits: 72
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......lage Bauria, PS Shandip, District Chittagong at present 412/A, Ashkona PS Uttara, Dhaka being detained in Central Jail, Dhaka, under section 3 of the Special Powers Act, 1974, should not be brought before this court so that it may satisfy itself that he is not being held in custody without lawful au......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......24. We have been hearing off and on by the admonition of persons sitting at the helm of affairs saying; a very strong tendency to create adverse opinion about the highest court of the country and its Judges who have no option but to declare the order of detention illegal where high sounding words in..Category: Criminal Law | Date: | Hits: 45
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....the property from abandoned property list is necessary to give effect to the judgments of Courts. This is clear wilful disregard and disobedience to the verdicts of the courts of law which amounts to contempt of Court. By making undue delay in carrying out the judgment of the courts of law also the ......st of the abandoned properties on 23-9-1986. Claiming title and possession in this property, the writ petitioner Wahidul Haque filed a case bearing No. 64/92 the 1st Court of Settlement Dhaka praying for release of the property from the list of abandoned property. The Settlement Court by its judgmen......bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165.......bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165...Category: Property Law | Date: | Hits: 38
Bangladesh Supreme Court Bar Association Vs. Shah Azizur Rahman, MP, 1999, 28 CLC (HCD)
....tempt Petitioner No. 40 of 1999. Judgment Kazi Ebadul Hoque J. - This Rule was issued calling upon the contemner Mr. Shah Azizur Rahman, MP to show cause as to why a proceedings for committing contempt of this Court should not be drawn up against him for allegedly making certain statements pu......ntemner. Contempt Petitioner No. 40 of 1999. Judgment Kazi Ebadul Hoque J. - This Rule was issued calling upon the contemner Mr. Shah Azizur Rahman, MP to show cause as to why a proceedings for committing contempt of this Court should not be drawn up against him for allegedly making certai......em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159.......n no occasion on the part of the petitioner to file the petition and to issue Rule against the contemner. 5. Contemner in his Affidavit clearly stated that he respects this Hon’ble Court and its Judges and though he did not make the alleged statement in the meeting held on 7-8-99 he is repentan..Category: Criminal Law | Date: | Hits: 120
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....ms to us that this duty is clearly violated when aid, for securing interference by this Court with a judicial order, is given by these officers of the Court to persons who, to their knowledge, are in contempt, i.e. as fugitives from justice, without at the same time ensuring that such persons confor......5 DLR (WP) 93; State vs. Delwar Hossain 12 DLR 613. Lawyers involved: Rokanuddin Mahmud with Sheikh Hasan Arif, Advocates—For the Petitioners. MA Muntakim, Advocate—For the Informant-Opposite Party. Criminal Miscellaneous Case No. 9954 of 2006 with Criminal Miscellane......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......e vs. State, reported in 1990 BLD (AD) 50 = 42 DLR (AD) 223 it has been held in paragraphs 7 and 8 as follows: "7. We many now revert to the real wrong done by the petitioner which the learned Judges did not even take notice of (which they should have). To our query, Mr. TH Khan informed us t..Category: Criminal Law | Date: | Hits: 97
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