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Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....aka and another, 44 DLR (AD) 40; Radha Kissen Chamria and others Vs. Durga Prosad Chamria, AIR 1940 PC 167; Commissioner of Income Tax Vs. Vadital Lallu Bhai, AIR 1973 (SC) 1016; Bangladesh Vs. Professor Golam Azam, 46 DLR (AD) 191; Bangladesh Steel Mills Vs. Masud Reza, 30 DLR (SC) 169; Nasiruddin ......s treated as abandoned property either under A.P.O. No.1 of 1972 or under P.O. No.16 of 1972 the same has been vested in the Government and as such taking over or vesting of the property could not be called in question by any Court on any ground whatsoever and as such the impugned judgment and order......into hiding, abandoning their properties without making any arrangement to control, administer and management of the property whereby the concern went out of management and stopped production causing loss to national economy at that critical juncture of the national life soon after a bloody war of l..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
.... opposite parties in following terms: "Let a Rule be issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn up against them for willful disobedience in handing over the delivery of the machinary despite order of stay granted by this Court...... Court may seem and proper.” 2. The short facts relevant for the purpose of disposal of the Rule are that, the petitioner company took loan from Bangladesh Shilpa Rin Sangstha (hereinafter called "the BSRS") for establishment of its factory for which a loan was granted and an am......oner with mala fide intention dragged him to his Court with a view to harass and humiliate him and therefore, an exemplary cost should be awarded against the petitioner to compensate his professional loss. 11. Mr. Abdullah-Al-Mamun, the learned Advocate also represented the opposite party Nos.1..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J State……………………………………Petitioner Vs. Nazma Sarker @ Beauty and 3 others ............ Condemned-prisoners (In Death Reference No. 20 of 2008). Rokeya Begum & another ........................ A......oto. Further he has said that he saw 3 knives and taking delivery of the dead body from the morgue on 25.8.2003, he buried the dead body on 26.8.2003. He has further stated that the Officer-in-charge called him to Thana and asked him whether he knew Rokeya whereupon he replied in the affirmative and...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 98
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
....980) 1 SCC 530; (1969) 3; SCC 198 (202). Lawyers Involved: Serajul Haque with Mansurul Hoque Chowdhury, Salahuddin Yusuf and ABM Golam Majid, Advocates ‑For the Appellants (Condemned Prisoners). Shamsul Alam, Deputy Attorney‑General with Hefzul Bari, Advocate ‑ For the State.......uld go to the house of P.W.9 to settle a salish in which he is not at all interested. The visit of P.W.9 to that house appears to be improbable as he himself was not a matbar or a headman and was not called upon by anybody for settling such dispute. Moreover, he failed to give essential particulars ......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....alling upon the respondents to show cause why the detenu Hussain Mohammad Ershad, now detained in House No.10, Road No. 84, Gulshan Model Town, Gulshan, Dhaka, 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 author......thereafter became the Chief of Staff after the creation of Bangladesh after he returned from Pakistan. On 24th March, 1982 with few of his army officers he surrounded the Presidential Palace which is called Bangabhavan and forced the elected President namely Justice Abdus Sattar to resign, which hav......direct and inevitable consequence of the order of detention of the detenu is beneficial for the majority people at the cost of a single citizen; otherwise the situation will go out of control causing loss and injury of serious consequences engulfing the law and order and public safety in the entire ..Category: Criminal Law | Date: | Hits: 113
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
.... Alam Chowdhury.................Opposite Party (In Criminal No. 604 of 1993) Judgment August 1, 1995. Result: The Rules in respect of Civil Revision Nos. 3451 and 3474 of 1992 are made absolute. The Rule in Civil Revision No. 604 of 1993 is discharged. Cases Referred to- PLD 1......in J.- These 3 Rules arising out of a single Judgment have been heard together and shall be disposed of by this Judgment. 2. The propriety and legality of the impugned Judgment have been seriously called in question by the petitioner as well as by the opposite party. 3. Facts giving rise to th...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ..Category: Family Law | Date: | Hits: 265
....istan Ltd..................................Respondents
Judgment
February 15, 1989.
Result:
The appeal is dismissed.
Cases Referred to-
London and Provincial Leather Process Vs. Hudson (1939) 3 All ER 857; Dodwell and Comp. Ltd. Vs. British Dominion General Insurance Co. Ltd. Ll......etermining whether he will take the risk as per section 18 of the Act. We may refer here that non-disclosure of any material fact is only voidable at the option of the party prejudiced. Thus we are called upon to see whether this non-disclosure that the internal packing was defective was such a ma......tity of wired glass in terms of the agreement settled between the parties. The defendant No.1 was to be present at the time of delivery of the consignment and to be responsible to make good all the losses and settle up all claims if any with the appellant Insurance Company. The consignment duly ..
Category: Business or Commercial Law | Date: | Hits: 325
....Special 5(five) Years Plan was placed in a newly created post of Additional Chief Engineer under Chittagong Hill Tract Development Board. Because of the quick success of the petitioner in service some of his colleagues became jealous and started sending anonymous letters against the petitioner c......abricated report against the petitioner. The enquiry committee submitted its report to the Secretary of the Ministry who forwarded the same to the CMLA Secretariat on 1.4.85 whereupon the Secretary called for an explanation from the petitioner as to the allegations in the said report. The petition......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
..
Category: Employment/Service Law | Date: | Hits: 209
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
.... Afzal Hossain Ahmed J Md. Emdadul Haque Azad J The State .........................… Petitioner. Vs. Md. Sirajul Islam and others ……..….. .......................... Condemned prisoners. Masum .................... convict-appellant. Vs. The State ……......……….......tificate that the confession was voluntarily made. In his statement the accused Piyas has given full narration of the events disclosing that about one week before the alleged occurrence accused Masum called Manik and Jamir in the field of Birashal and at about 10-30 hours in the night accused Siraj ......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
....ur, Laishmipur ................ Defendant-petitioner. Vs. Md. Lokman and others ......................Plaintiff-opposite parties. Judgment March 1, 2012. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order XLI, Rule 27 ......or adduce evidence in support of their case. He adds that there is nothing on record to suggest that during pendency of the appeal plaintiff-opposite parties filed any application to produce their so called document of title but the Court of appeal below by the impugned judgment at his own motion mo......ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 113
Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others, 2001, 30 CLC (HCD)
...............Petitioner Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others………………………..Respondents Judgment June 17, 2001. Result: The Rule is made absolute. Under section 165 of the Code of Criminal Procedure the Sessions Judge concerned can acco......u of Ant-Corruption there must be an information to the police relating to the commission of a cognizable offence. In other words there must be an information to the police which is in legal parlance called FIR, regarding to the commission of a cognizable offence. 7. In the instant case in the im......t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ..Category: Criminal Law | Date: | Hits: 305
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
....ision of section 138 of the Negotiable Instruments Act which reads as follows: "138. Dishonour of cheque for insufficiency, etc. of funds in the account.— (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another pe...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......en implicated in the criminal case on the basis of false, baseless and concocted allegation with a malafide intention to subject the petitioner unwarranted harassment, humiliation and financial loss. It is evident from the petition of complaint itself that the complainant has not mentioned the..Category: Criminal Law | Date: | Hits: 94
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....u Hena Mostafa Kamal & another…………………Petitioners Vs. Bangladesh and others…………………Respondents Judgment January 27, 2011. Result: The Rules are made absolute. Cases Referred to- 6 ITR 51; 44 ITR 726; 111 ITR 650. Lawyers Involved: Mosha......hearing and disposed of by a single judgment as there involved a common question of law and fact. 2. In all the petitions, notice under section 93 of the Income Tax Ordinance, 1984 (herein after called Ordinance) issued by the respondents Income Tax Authority is under challenge. 3. In Writ P......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ..Category: Fiscal/Taxation Law | Date: | Hits: 167
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
.... (Special Original Jurisdiction) Present: MA Aziz J Nozrul Islam Chowdhury J Sadia Chowdhury Parag…………………………………………...Petitioner Vs. Chairman, Film Censor Board & others.................Respondents Judgment January 27, 2003. Result: Th......amindar to the great annoyance of the disciples of the great saint. This was protested by Professor Dewan Azraf, grandson of Hason Raja and father of the petitioner, which was published in a magazine called the Bichitra and the Producer Helal Khan borrowed that distorted and disparaging story as the......ssuance of the rule on 14‑12-2002, to dispose of the Rule and abandoned his prayer to make the Rule absolute without cost firstly, because the amount claimed by the producer is a staggering and colossal sum i.e. Taka 1(one) million per day and secondly, because the petitioner, an impecunious gre..Category: Civil Law | Date: | Hits: 210
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....diquee J Syeda Sajeda Chowdhury……………………..Accused-Petitioner Vs. State……………………Opposite Parties Judgment March 24, 2010. Result: The rule is made absolute. A Court of law cannot proceed judicially on a bare statement made by such police officer ......and in due process of law the application was considered by the concerned Minister, the secretary of Ministry of Works and it was forwarded to the Chairman, Rajdhani Unnayan Kartripokha (herein after called RAJUK) and after observing all legal formalities RAJUK allotted a 5 katha's plot in favour of......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ..Category: Criminal Law | Date: | Hits: 137
Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)
....aha and anothers………………………Petitioners Vs. Haripada Saha & another……………………..Opposite Parties Judgment August 5, 2009. Result: The rule is made absolute. Cases Referred to- Md. Sekandar Ali Shaikh Vs. Dilip Kumar, 3 MLR (AD) 69; Abid Ali Vs......ife estate. So she had no power to transfer the said land nor to making will and the property as claimed as owner by the opposite party having a will from Mrs. Shurashi Bala the Court and even the so-called will was not made any probate and the probate was not correct. He finally submitted that the ......e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ..Category: Property Law | Date: | Hits: 83
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....e directed to prepare a fresh voter list excluding the names of the non-Bangladeshis (the Rohingyas) and including the qualified voters. 3. In Writ Petition No.601 of 2011 the petitioner has also challenged the non-inclusion of the name of about 1000 other Bangladeshis including the petitione......ard together and are being disposed of by this single judgment. 2. In these Rules Nisi issued under Article 102 of the Constitution of the peoples' Republic of Bangladesh the respondents have been called upon to show cause as to why the impugned notification vide memo No. নিকস/পৌর-......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ..Category: Election Law | Date: | Hits: 217
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....interpretation of the Constitution. The learned Additional Attorney-General having already entered appearance on being called upon to assist the Court, for the expeditious disposal of the Rule the personal service of the copy of the Rule on the respondents was dispensed with while fixing a date of h......r is of great public importance involving substantial questions of law as to the interpretation of the Constitution. The learned Additional Attorney-General having already entered appearance on being called upon to assist the Court, for the expeditious disposal of the Rule the personal service of th......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176...Category: Constitutional Law | Date: | Hits: 353
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
.... Shahidullah and others……………………Petitioner Vs. Lutfur Karim and others……………………Opposite Parties Judgment August 19, 1997. Result: The Rule is made absolute. Cases Referred To- 39 DLR (AD) 223 (Civil Appeal No.113 of 1983); 33 Indian Appeal cas......ufficient to satisfy the provisions of section 65, Evidence Act, so as to make copy admissible.” It was further held: “Loss can never be proved absolutely, and although Cirraj Singh was not called as a, witness, their Lordships regarded this evidence of loss of a document which has not bee......d all the allegations made in the plaint had stated that they were nor aware as to the whereabouts of the original kabala deed and in his deposition as P.W.1 stated that his father told him about the loss of the document and in this respect Mr. Nazrul Islam, learned Counsel relied on a decision in t..Category: Procedural Law | Date: | Hits: 103
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....desh Government on 21-12-1997 and with the issue of his extradition to India as the Government of Bangladesh has decided to hand over him to India. He states that as Anup Chetia was charged with treason by the Indian Government he came to Bangladesh to save his life. The petitioner states that Chet......ling for right to self-determination of the Assamese people since 1979. The petitioner concerned with the arrest of Anup Chetia, the secretary-general of the United Liberation Front of Assam, briefly called ULFA, by the Bangladesh Government on 21-12-1997 and with the issue of his extradition to In...... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ..Category: Constitutional Law | Date: | Hits: 421
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