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Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....was proceeding towards the office of Upazila Nirbahi Officer i.e. the Returning Officer, they were attacked by about one hundred musclemen and by opposite party Rezaul Karim and that the aforesaid persons snatched away the gunny bags and an empty ballot box and that the ballot boxes with validly cas......l Centre and the Election Commission referred the matter to the Deputy Commissioner for inquiry and report and Deputy Commissioner asked Upazila Nirbahi Officer for enquiry and report who in his turn called for a report from the Presiding Officer and that before receipt of the report the Deputy Comm......ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ..Category: Election Law | Date: | Hits: 248
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....uq J Muzaffor Hossain………..…………….Petitioner Vs. Md. Shahidullah and others………….........Opposite Parties Judgment April 21, 1999. Result: The Rule is made absolute. Lawyers Involved: Muhammad Jamiruddin Sircar with Irish Khan and Ms. Halima Ferdous, A......e view that the learned Additional District Judge committed a substantial error of law in recording the impugned order allowing the amendment and the same must be quashed. Interference is, therefore, called for. 20. In the result, the Rule is made absolute, however, without any order as to cost. ...... consequential relief. The last view taken was that the plaintiff by the amendment was attempting to remedy the gross latches on his part and the defendant side (petitioner) would sustain irreparable loss and injury if the amendment was allowed. 8. The plaintiff (opposite party No.1) did not move..Category: Civil Law | Date: | Hits: 200
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....the learned Additional Sessions Judge, Dinajpur, in Session Case No.40 of 1993 convicting all the accused-appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and to pay a fine of Tk. 2,000.00 each, in default to suffer rigorous imprisonment ...... Afazuddin or that they have caused his death. 7. He submits that there is no eye-witness who could name or identify any of the accused-appellants. 8. Mr. Wahab Miah, lastly submits that the so-called confessional statement of Ahsan Ali is no confessional statement at all, it is neither inculp......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397...Category: Criminal Law | Date: | Hits: 132
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
.... (Mst.)....…........................Petitioner Vs. Government of Bangladesh and others.....................opposite parties Judgment October 25, 1989. Result: The Rule is made absolute. Lawyers Involved: M.M. Haider Ali, Advocate—For the Petitioner. Fakhrul Islam,......rit of the case it is necessary to decide whether the order was passed by a properly constituted Court and if not it will not be necessary to dispose of other points. 9. The record of the case was called for when the Rule was issued wherefrom it appears that on 10.6.87 the Court was constituted c......e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ..Category: Labour and Industrial Law | Date: | Hits: 197
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....ten objection against temporary injunction. Upon hearing petitioners and the opposite parties, the learned Judge passed the order making the earlier order of ad-interim injunction dated 26.9.1988 absolute by his order dated 23.1.1989. 3. Mr. Azizur Rahman Chowdhury, the learned Advocate appeari......a preliminary point means a point the decision of which is sufficient to dispose of the whole matter without necessity of deciding other points involved in the case. In common phraseology it may be called a "technical knock out". But in the present case, Mr. Azizur Rahman Chowdhury and Mr. J. N De......arned Subordinate Judge, Second Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ..Category: Civil Law | Date: | Hits: 205
Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
....he Bhawal Raj Estate, states that for the acquisition no compensation was paid to it. It is 4 further stated that out of the acquired area 13 acres unused land illegally was released in favour of the so-called owner Abdul Khaleque Munshi and others by the DIT contrary to the finding of the High Cour......Bhawal Raj Estate, states that for the acquisition no compensation was paid to it. It is 4 further stated that out of the acquired area 13 acres unused land illegally was released in favour of the so-called owner Abdul Khaleque Munshi and others by the DIT contrary to the finding of the High Court i......he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462...Category: Property Law | Date: | Hits: 248
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....ayeed Ahammed J Najabatullah………..........Petitioner Vs. Alokeshi Namasudra and others………………Opposite Parties Judgment March 1, 1998. Result: The Rules are made absolute. Lawyers Involved: SB Barua with Md. Abul Bashar, Advocates- For the Petitioner. Non......as acted against the provision of Order 9 rule 3 of the Code of Civil Procedure. 10. Order 9 rule 3 of the Code of Civil Procedure reads as under “where neither party appears when the suit is called on for hearing, the Court may make an order that the suit be dismissed.” Here in this ca....... Plaintiff filed an application stating therein that unless the thumb impression of the defendant No.3 is examined by a finger print expert, he will be highly prejudiced and shall suffer irreparable loss and accordingly, he made a prayer for issuance of warrant of arrest against the defendant No.3 ..Category: Procedural Law | Date: | Hits: 137
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....(Ext. Ka) executed on 17-5-82 and registered on the same date in the local Sub-Registrar office Patnitola showing the transfer of 5.27 acres land out of the suit land, deed No.10515 (Ext. Ka(1) and also deed No.10516 Ext. Ka(2) executed on 29-7-92 and registered on commission on the same date showin......praesenti of the property and to confer it upon the donee (z). The adequacy of consideration is not material; but whatever its amount, it must be actually and bona fide paid (a) Such a transaction is called the heba-bil-iaz of India as distinguished from “true” Heba-bil-iwaz dealt with in the no......as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451...Category: Property Law | Date: | Hits: 103
Muslim Ali (Md.) Vs. Dhaka Bar Association and others, 1998, 27 CLC (HCD)
....preme Court High Court Division (Special Original Jurisdiction) Present: AMM Rahman J Md. Muzammel Hossain J Muslim Ali (Md.)………...............Petitioner Vs. Dhaka Bar Association and others……...........…….….Respondents Judgment July 21, 1998. Result:......ervice for such comments. Thereafter, he applied to the Dhaka Bar Association for revival of his membership and the Bar Association on 27-10-1997 treating a former member of the Dhaka Bar Association called from him the judgments & orders of the Administrative Tribunal and the Appellate Administ......n as quickly as possible. For the aforesaid reasons and with the aforesaid observation I reject this petition in limine. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 446. ..Category: Others | Date: | Hits: 143
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
....ng the pendency of the matter the Bangladesh Shilpa Rin Sangstha briefly BSRS appeared in the matter on 8.3.89 by filing a power as one of the creditors of the said Company and the Rupali Bank Ltd. also filed a power on 14.11.89 in the matter as one of the creditors; that the matter remained pending......er which its Writs shall run. It may specify the persons in respect of whom the judicial power to hear and determine will be exercisable. These are all matters which are commonly comprised in what is called the jurisdiction of the Court. It expresses the concept of the particular res or subject matt...... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452...Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....677, 690 and 681 originally belonged to Wazir Bibi and by inheritance, transfer and abandonment of the tenancy Shamsun Nahar Begum, Syed Mohammad Abdul Motaleb and Abdul Hamid became owners and possessors of the same. Thereafter Abdul Hamid orally gifted his share to his cousins, petitioner Nos.1‑......ion of the disputed land to the petitioners in spite of ir4ipt of the said report and map. Thereafter on the application of the petitioners Secretary, Ministry of Land Administration and Land Reforms called for a report from the Additional Deputy Commissioner (LA) Dhaka who by Memo. dated 29.11. 198......itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ..Category: Property Law | Date: | Hits: 121
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
.................Petitioner Vs. Executive Engineer, City PWD Division Dhaka and others………………Respondents Judgment March 19, 1992. Result: The Rule is made absolute. Cases Referred to- Mozahar Sowdagor Vs. M. Zahirul Alam, General Manager, Bangla......The lease deed was also translated by the Bangla Academy as required by the respondents. This lease deed was sent to the Superintending Engineer, Dhaka Circle‑1 for approval on 8.10.87. It may be recalled that the deed was submitted on 3.7. 85. During this long lapse of time the petitioner had app......The agreement of the lease was all but executed. But in the meantime for some inexplicable reasons the lease deed has not been executed by the respondent even after long lapse of time causing serious loss to the petitioner. The facts he submits show that the cancellation of the proposed lease in fav..Category: Property Law | Date: | Hits: 133
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
....)(g) of the Local Government (Union Parishads) Ordinance, 1983 (hereinafter referred to as the said Ordinance). The objection was overruled. Before the Appellate Authority similar objection was also raised but it was not accepted. Thereafter, election was held and on 18.6.88 the Gazette Notifi......lf or in any other papers some time limit must be given to repay the loan and if the loanee fails to fulfil the terms of the contract and fails to repay the loan within the stipulated time, he may be called a defaulter. There is no averment in the plaint of the suit (Annexure-D) as to the terms and ......ction, but the Constitution has given him the right to challenge the holding of public office by another if under the law that person is not authorised to hold such office. He will not suffer any loss or achieve any gain on the result of this Writ Petition. He will simply vindicate the "people's..Category: Election Law | Date: | Hits: 216
....of the case the Administrative Tribunal passed the following order on 3.11.85:-
"So, in view of the Government commitment that the Gradation List is going to be published within 2 months and also of the fact that sufficient posts are still vacant to which incumbents senior to the O.Ps. may be......unal, be binding on the parties concerned."
12. Section 10 provides that subject to this Act, no proceedings, order or decision of a Tribunal shall be liable to be challenged, reviewed, quashed or called in question in any Court Section 11 provides that the provisions of this Act shall have effec...... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538...
Category: Administrative Law | Date: | Hits: 445
Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
....dgment Anwarul Hoque Choudhury J.- This is an application under section 76 (3) read with section 79(3) and section 281 of the Companies Act, 1913. 2. This application was moved by Fazal Mahmud, son of late MA. Muquit who is a Director and share-holder of the respondent No.1 company namely th......nted for this purpose by this Hon'ble Court, the holding of those two meetings were illegal and had no legal basis as once a default has been made in holding the Annual General Meeting it can only be called and validly held thereafter as per orders of this Court in exercise of the powers under secti......ir Lordships in that case where it was held to the effect that once the High Court Division condones the delay in holding the annual general meetings, the submission of balance sheet and profit and loss account will also follow the altered schedule and will be submitted as and when the next annual..Category: Business or Commercial Law | Date: | Hits: 352
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....Rifle ammunition, 2 daggers about 11" in length, 1 military khaki full shirt with Tiger mark in the left arm and one military cap, to the effect that on 11.9.73 at about 9 A.M. the three accused persons produced before the Police Station on arrest, were loitering around the J.R.B. camp when compla......e military cap, to the effect that on 11.9.73 at about 9 A.M. the three accused persons produced before the Police Station on arrest, were loitering around the J.R.B. camp when complainant Aftabuddin called them and asked them as to why they were so loitering to which they could not give any satisfa......e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ..Category: Criminal Law | Date: | Hits: 97
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....ged non-delivery of the drums by the Port Trust and the Port Trust was liable for the same. Defendant No.3, the Trustee of the Port of Chittagong contested the suit denying their liability and they also denied the allegations made in the plaint. The case of the defendant No.3 was that they issued ou......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ......ified to all concerned and two short landing certificates were issued in respect of those undelivered drums by the Port Authority and as a result of non-delivery of those drums the consignee suffered loss of Tk. 3.900/-. The consignments were insured with the plaintiff who paid the amount claimed by..Category: Business or Commercial Law | Date: | Hits: 397
....erred to-
AIR 1951 (SC) 41, Charanjit Lal Chowdhury Vs. The Union of India and others; AIR 1952 (SC) 75, The State of West Bengal Vs. Anwar Ali Sarker and another; AIR 1963 (S.C) 268, J Pandurangarso Vs. The Andhra Pradesh Public Service Commission, Hyderabad and another; AIR 1974 (SC) 1300, The ......egarding their basic differences with others, and if the differences are identified, then person or things may be classified into different categories according to those distinctions. This is what is called permissible criteria or 'intelligible differentia’. The legislature while proceeding to.......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
....ction 44A (1) of the Code imply. 4. Mr. Asrarul Hossain, the learned Advocate appearing for the petitioner, submits that the District Court includes not only the Court of the District Judge, but also the Court of the Subordinate Judge as the jurisdiction of each of them extends subject to the pro......ction 3(1) of the Act. Section 2(4) of the Code reads as follows:- "2. (4) "district" means the local limits of the jurisdiction of a principal Civil Court of original jurisdiction (hereinafter called a "District Court"), and includes the local limits of the ordinary original civil jurisdictio....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311...Category: Procedural Law | Date: | Hits: 168
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
....rticle 102 of the Constitution the petitioners called in question the legality, of the order dated 23-11-2008 passed by the learned Judge of Artha Rin Adalat and Joint District Judge, Court No. 1, Jessore in Misc. Case No.117 of 2008 (Annexure-E to the Writ Petition) rejecting an application filed b......nt No.2. Sk Hasan Ali, Advocate - For the Respondent No.3. Writ Petition No. 9294 of 2008. Judgment Zinat Ara J.- In this application under article 102 of the Constitution the petitioners called in question the legality, of the order dated 23-11-2008 passed by the learned Judge of Artha ......nk). The loan was subsequently enhanced by the Bank from time to time. The petitioners repaid some amount of loan on several dates but from the first part of 2006, the petitioners started facing huge loss in the business due to political unrest and others environmental unavoidable circumstances and ..Category: Civil Law | Date: | Hits: 157
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