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.... at Annexure‑D (2) to the writ petition.
In the circumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121.......he petitioner was serving, was required to send the Proposal to the Appeal and Arbitration Committee and ultimately to the Board for approval and after receiving the approval of the said Board, was empowered to pass the order of dismissal, but in the instant case no such proposal for dismissing the ...... - For the Respondent No.3.
Writ Petition No.196 of 1986.
Judgment
Naimuddin Ahmed J.- By this application under article 102 of the Constitution the dismissal of the petitioner who happened to be a Professor of Political Science in a college named Kapilmuni College in the District of Khuln...... at Annexure‑D (2) to the writ petition.
In the circumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121...
Category: Employment/Service Law | Date: | Hits: 226
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
.... petitioner including other co‑accused collaborated with each other and by misusing official power deprived the then DIT of sum of Taka 134043639.97 which might have been misappropriated for making financial gain for themselves or for obtaining financial gain for the said international Hotel Ltd. ...... installment without interest on the basis of the summaries. The informant upon such fact stated that the petitioner including other co‑accused collaborated with each other and by misusing official power deprived the then DIT of sum of Taka 134043639.97 which might have been misappropriated for ma......hman J Moudud Ahmed........................Petitioner Vs. State ..........................Opposite‑Party Judgment May 9, 1995. Result: The Rule is discharged. Cases Referred to- Jyoti Prokash Mitter Vs. Hon’ble Mr. Justice HK Bose, the Chief Justice the High Court, Ca......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108...Category: Criminal Law | Date: | Hits: 111
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......:- "Whether an Assistant Sessions Judge deemed to be appointed as an Additional SesÂsions Judge under the proviso to sub-section (3) of section 9 of the Code of Criminal Procedure has the limited power to pass higher sentences except the sentence of death in those Sessions cases which were not h......…………….Petitioner Vs. Bahar Uddin & others.....................................Respondents Judgment March 22, 1989. Result: The Rule is made absolute. Cases Referred to- Md. Mustafa Mondal Vs. The State, 35 DLR 362; Nazir Ahmed & others Vs. Yonus Miah & ......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ..Category: Criminal Law | Date: | Hits: 158
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......ed number of decisions in aid of his contention to which I shall revert shortly. 5. It is a settled law that an amendment which changes the nature and character of the suit can not be allowed. The power of the Court under rule 17 is discretionary one and is to be judicially exercised on considera..........................Petitioners Vs. Abdul Malek & others..............................Opposite Party Judgment January 11, 1989. Result: The Rule is discharged. Cases Referred to- Md. Fakirullah Mia Mutwalli Vs. Bimalendra Nath Maitra, 12 DLR 704; 12 DLR 704; Md. Salih Sa......e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ..Category: Procedural Law | Date: | Hits: 133
Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)
.... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ......onal jurisdiction of this court as he had alternative forum. It is to be mentioned that the petitioner could raise all these objections in the apÂpeal and normally when an appeal lies the revisional power is seldom exercised. But in the instant case the cognizance was taken and trial was held witho................................Petitioner Vs. State…………………………..............Opposite Party Judgment March 7, 1988. Result: The Rule is made absolute. Cases Referred to- Sakyapada Barua & ors. Vs. The State and others, 38 DLR 86; Kazi Md. Wahidun Nabi Vs. Abd...... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ..Category: Criminal Law | Date: | Hits: 120
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......at every election shall be tried as nearly as may be in accordance with the proÂcedure for the trial of suits under the Code of Civil Procedure. Rule 48 provides that the Tribunal shall have all the powers of a Civil Court trying a suit unÂder the Code of Civil Procedure and shall be deemed to be ......D) (1989) 379. ......e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ..Category: Election Law | Date: | Hits: 252
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....Khurshed and Sujan their appeal is dismissed and orÂder of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......brought home by the prosecution, the accused appellant cannot be convicted u/s. 302 or that at the appellate stage no alteration of charge is permissible under law. 16. Section 423(1)(b) Cr.P.C. empowers the Court to (1) reverse the finding and sentence and acquit or discharge the accused or orde......Vs. State........................Respondents Judgment April 2, 1989. Result: The order of conviction and sentence of appellant is set aside and the appeal is allowed. Cases Referred to- Suraj Pal Vs. State of Uttar Pradesh, AIR 1955 (SC) 419; Md. Anwar and another Vs. The State......Khurshed and Sujan their appeal is dismissed and orÂder of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......of May, 1985 when to their surprise they came to know that the Ministry of Land Administration and Land ReÂforms has since reversed the order of the Board of Land Administration exercising appellate powers unÂder section 147 of the Act in a mutation proceeding under section 143 of the Act, allowin......). Judgment April 6, 1989. Result: The Rule Nisi in Writ PetiÂtion No. 425 of 1985 is made absolute. The Rule Nisi in Writ Petition No.1634 of 1988 is made absolute. Case Referred to- Bangladesh and others Vs. Marium Khatun and others, Civil Appeal No.8 of 1972. Lawyers Inv......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....they should pay the costs in the Rules. In the result all the Rules Nisi are made absoÂlute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356....... the Corporation is that the peÂtitioners are trespassers and the impugned notices were rightly served. The Municipal Corporation is obviously harboring under an impression that it has the requisite power and authority to evict tresÂpassers. It has no such power. If it has to evict any trespasser ...... All the Rules Nisi are made absoÂlute. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam for Abdus Sobhan, Advocate - For the Petitioners (In all the Writ Petitions). M. Nurullah, Attorney-General with A.F. Hasan Arif and M. Safiullah - For the Respondent No.2 (In all the Writ Peti......they should pay the costs in the Rules. In the result all the Rules Nisi are made absoÂlute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356...Category: Property Law | Date: | Hits: 145
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......avits for apology and mercy filed by the contemners. 4. However, I propose to take up first the case of contemner No.1 Mr. Ashok K Karmaker. The article covering 6 columns is on the ability of the power and ability of the Judges of the High Court Division to issue Rule and the order passed in exe......Petitioners Vs. Ashok Kumar Karmaker and others..............Respondents Judgment June 29, 1995. Result: The proceeding for contempt is dropped against Contemners. Cases Referred to- Quintin Hogg Case, (1958) 2 WLR 1206; Special Reference No.1 of 1964, 1965 (SC) 745; Sir Edwa......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ..Category: Criminal Law | Date: | Hits: 149
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......blic good and no rejoinder was sent by the complainant to his client to terming the report as incorrect. 5. It appears from the concerned report (Annexure-A) that there are allegation of misuse of power and corruption against the complainant and acquiring properties by him disproportionate to his......hahadat Chowdhury...................Petitioner Vs. Md. Ataur Rahman...................Opposite Party Judgment January 28, 1996. Result: The Rule is made absolute. Cases Referred to- Syed Md. Afzal Hossain Vs. M Selim Idris, 15 BLD 362; Khondaker Abu Talab Vs. State, 19 DLR (......No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ..Category: Criminal Law | Date: | Hits: 125
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......estigation is not concluded within sixty days from the date of receipt of information relating to the commission of the offence or the order of the Magistrate for such investigation, the Magistrate empowered to take cognizance of such offence or making the order for investigation shall make an order......¦.. Opposite Party Judgment April 25, 1999. Result: The Rule is discharged. Lawyers Involved: M Amirul Islam, Advocate — For the Petitioners. Munsurul Haque Choudhury, Deputy Attorney General — For the State. Criminal Miscellaneous Case No. 2220 of 1995. Judgment Md......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368...Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......s a freezing plant in Chalna and engaged in the business of processing, storing, freezing and exporting shrimps and prawns to the foreign countries. The freezing plant of the plaintiff runs by public power supply from Power Development Board (PDB). The plaintiff runs the business taking loan from Ja......osts. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357...Category: Business or Commercial Law | Date: | Hits: 522
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
.... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352.......evidences and reiteration of the reasons given by the trial Court are not essential and expression of general agreement with that of the trial Court is sufficient. 13. The scope of the Revisional power under section 115 of the Code of Civil Procedure as it stands now may be seen. The jurisdictio......er section 115 of the Code of Civil Procedure, the propriety of the concurrent decision of the Courts below have been called in question whereupon Rule was issued calling upon the Opposite Party No.1 to show cause as to why the Judgment and decree dated 9-10-97 passed by the learned Subordinate Judg...... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352...Category: Family Law | Date: | Hits: 211
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....em. In the face of our findings in respect of Ext. W and Z series the appliÂcation is not maintainable. Accordingly, it is rejectÂed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......ntention and they are guilty of undue laches and as such the learned Subordinate Judge ought to have dismissed the suit. 18. Mr. T.H. Khan has next argued that the learned subordinate Judge had no power to pass a deÂcree like the one he has passed in the present suit in that he can not ask the d.......................Appellants Vs. Md. Shamsuddin Khan & others...................................Respondents Judgment May 2, 1989. Result: The appeal is allowed. Cases Referred to- Sarwar Khan Vs. Gulam Sarwar and others, PLD 1982 AJ & K 126; Ram Singh Kundan Singh and......em. In the face of our findings in respect of Ext. W and Z series the appliÂcation is not maintainable. Accordingly, it is rejectÂed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415...Category: Business or Commercial Law | Date: | Hits: 349
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341.......lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341....... Ali and another…………..Petitioners Vs. Monwara Hospital & others..........Opposite Parties Judgment August 21, 1997. Result: The Rule is made absolute. Cases Referred to- 43 DLR (AD) 107; 43 DLR (AD) 160. Lawyers Involved: Sultan Ahmad with Malik Syed Ahmad,......lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341...Category: Procedural Law | Date: | Hits: 121
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......rder clearly indicates that by his application dated 12-9-1996 filed before the Court the arbitrator applied for extension of time for filing of the award but there is no provision in the Act which empowers the Court to extend time for filing of the award. Therefore, the dated 22-9-1996 has no legal......¦â€¦Petitioner Vs. Abdul Aziz and others………………………………Opposite Parties Judgment December 6 & 8, 2005. Result: The Rule is made absolute. Cases Referred to- Mac Foy Vs. United Africa Company Limited, (1962) AC 152; 4 BLC (AD) 21; 6 AIR 1970 SC; 28 DL......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...Category: Alternative Dispute Resolution | Date: | Hits: 291
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
.... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426.......epared and found that there are some new constructions and the possession of the property was not taken from the petitioner in accordance with the earlier list. It is stated that the Ministry has got power to pay compensation in accordance with the new list at the prevailing market price and the res......y 19, 1998. Case Referred To- Md. Shoaib Vs. Government of Bangladesh, 27 DLR 315. Lawyers Involved: Mahmudul Islam, Advocate — For the Petitioner. Md. Altaf Hossain Khan, Deputy Attorney General with FKM Ahsan Mahbub, Assistant Attorney-General — For the Respondents. Writ...... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426...Category: Property Law | Date: | Hits: 156
....ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
......over possession of the suit property without permission of her husband. It is further stated in the written statement that the result of the stroke was loss of speech and consciousness, impairment of power to express himself by speech or writing, which is an effect of brain damage, and now the defen......dul Karim J
Md. Ali Asgar Khan J
Yousuf (Md.)…….......Appellant
Vs.
Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others…………....Respondents
Judgment
October 28, 1997.
Result:
The appeal is dismissed without any order as to costs.
Cases Referr......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......assing the impugned order of transfer of the pending suits under section 24 of the Code of Civil Procedure. He further contended that the submission of Mr. Bosu that the learned District Judge has no power to transfer the suits unÂder section 24 of the Code of Civil Procedure, in view of sections 1......: Muhammad Ansar Ali J Ebadat Ali...................Petitioner Vs. Ismail Hossain Akhond & others.......................Opposite Party Judgment April 27, 1989. Cases Referred to- A.K.M. Ruhul Amin Vs. District Judge and AppelÂlate Election Tribunal, Bhola and ors, 38 DL......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ..Category: Procedural Law | Date: | Hits: 152
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