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Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
.... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ...... held that "If a case does not come under rule 23 or rule 25 of Order XLI of the Code of Civil Procedure or any other provisions of the Code, the Court for ends of justice, can resort to its inherent power under section 151 of the Code. The Code of Civil Procedure in Order XLI provides for remand on......€¦â€¦â€¦â€¦â€¦â€¦Petitioners Vs. Sahajuddin Mollah and others……………………Opposite Parties Judgment February 12, 1995. Result: The Rule is disposed of. Case Referred to- Tripura Charan Choudhury and other Vs. Girish Chandra Choudhury, 7 DLR 466. Lawyers Involv...... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ..Category: Property Law | Date: | Hits: 96
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......s also highly objectionable. When the applications were filed, the Court was not under the control of any extra‑constitutional force, but it was working under a Constitution which has not given any power or authority to any police officer to move the learned Sessions Judge ought to have been vigil......vision No.1127 of 1994) Khondker Mahbub Hossain, with Abdul Aziz Chowdhury, Advocates‑ For the Opposite Party Nos. 2 and 3 (In Criminal Revision No.1129 of 1994). Md. Abdur Rouf, Assistant Attorney-General - For the State. Criminal Revision No.1127 of 1994 with Criminal Revision No.1129 ......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ..Category: Criminal Law | Date: | Hits: 99
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
....of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......ion 167 as it stood before the amendment of the said section by Act No.42 of 1992 was that Magistrate concerned shall make an order stopping further investigation and releasing the accused person. So power of revival was given to the District Magistrate or Chief Metropolitan Magistrate as the case m......ent November 27, 1995. Result: The Rule is discharged. Lawyers Involved: Kazi Golam mahbub, Abdus Sobhan with Mamnur Rashid, Advocates ‑ For the Petitioner. AS Mamun, Assistant Attorney-General - For the State. Criminal Revision No.3237 of 1991. Judgment Kazi Ebadul Hoq......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148...Category: Criminal Law | Date: | Hits: 82
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
...., the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141....... without hearing them is wrong on the face of the record itself. Section 151 CPC has been worded as follows: “151. Nothing in this Court shall be deemed to limit or otherwise affect the inherent power of the Court to make such order as may be necessary for the ends of justice or to prevent abus......u Sayeed Ahammed J Abu Sama..............Petitioner Vs. Abu Syed and others...........Opposite Parties Judgment June 25, 1995. Result: The Rule is discharged. Cases Referred to- Tripura Charan Chowdhury and others Vs. Girish Ch. Chowdhury, 7 DLR 466. Lawyers Involved......, the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141...Category: Procedural Law | Date: | Hits: 124
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......nting the effective participation in the administration of Government by the people through their elected representative. It also offends against Article 7 of the Constitution which provides that all powers belonged to the people but this system of voting directly prevents the people's representativ......espondent (In all the Writ Petitions). Judgment February 13 and 18, 1992. Result: Writ Petition Nos. 2195 of 1991 and 2213 of 1991 are rejected summarily. Cases Referred to- Anwar Hossain Vs. Bangladesh; Madathil Ahmed Haji Vs. Muthana Kunshiram Kurup and another,......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ...... Bhabani Prasad Saha was all along a resident of this country and he was never a resident of India; that the plaintiff never got the suit property by way of exchange and that the papers including the power of attorney in respect of the alleged exchange are forged; that the plaintiff has got no right......MG Jilani…………Petitioner Vs. Md. Wahed Uddin Sardar........... Opposite party Judgment March 16, 1989. Result: The Rule is discharged without any order as to costs. Cases Referred to- Mohammad Salim Vs. Mohammad Siddiq Jamal & others 22 DL......ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ..Category: Civil Law | Date: | Hits: 140
Mahbubur Rahman Vs. State, 1992, 21 CLC (HCD)
....lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ......, he referred to the case of Bangladesh Vs. Tan Kheng Hock reported in 31 DLR (AD) at page 70, wherein it was, inter alia, observed as follows: "The Code of Criminal Procedure does not give any power to the Magistrate to declare the police report submitted under section 173 of the Code as ille...... Vs. The State ................Opposite Party Judgment February 12, 1992. Result: The revisional application is allowed and the Rule made absolute. Case Referred to- Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD)70. Lawyers Involved: Serajul Huq, A......lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ..Category: Criminal Law | Date: | Hits: 78
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......ed now that to prevent the abuse of the process of the court and to secure the ends of justice a criminal proceeding can be and is required to be quashed and the High Court has got this extraordinary power of dealing with the matter relating to application under section 561A CrPC to quash false and ......hmatullah...................Petitioner Vs. The State .................Respondents Judgment September 24, 1992. Result: The rule is discharged. Cases Referred to- Abdul Kader Chowdhury and others Vs. State, 28 DLR (AD) 38; Abdul Ali and another Vs. Stat......cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ..Category: Criminal Law | Date: | Hits: 81
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
.... Government, hold that Government or the Court is not empowered or have any authority to waive interest charged on the amount under claim as per agreement executed between the Judgment debtor and the financial institution i.e. the plaintiff Bank till its realization. The contemplation of the aforesa...... passed by the Artha Rin Adalat, Kushtia in Artha Rin Suit No.131 of 1993 decreeing the suit without interest pendent lite. 2. The questions arisen for consideration: (i) whether the Court is empowered to refuse interest pendent lite while decreeing the suit. (ii) whether in a suit filed un......……………Plaintiff-Appellant Vs. Mohiuddin Specialised Textile………………Defendant-Respondent Judgment August 18, 2009. Result: The appeal is allowed. Cases Referred to- Sonali Bank Vs. Quaderia Publications and Products Limited, 17 BLT (AD) 148; Sonali Bank Vs. ......l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ..Category: Civil Law | Date: | Hits: 141
Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)
....tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338....... the appeal preferred by other co-accused. Be that as it may, the petitioner seeks our inherent jurisdiction for the ends of justice to restore this case. 4. We are not convinced that the inherent power as conceived under section 561A CrPC can be invoked in the facts of this case to meet the ends...... Criminal Appeal No. 774 of 1990. Judgment AM Mahmudur Rahman J.- This is an application under section 561A of the Code of Criminal Procedure. 2. The petitioner was convicted and sentenced to suffer imprisonment for life under sections 302/34 of the Penal Code and for 2 years under sectio......tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338...Category: Criminal Law | Date: | Hits: 91
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
....should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......e of the fact that there is provision in the Customs Act, 1969 for preferring appeal against an order like the instant one before the prescribed authority. 8. Section 32 of the Customs Act which empowers the customs Authority to serve notice calling upon an importer to pay the short-levied duty a......1.......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381...Category: Fiscal/Taxation Law | Date: | Hits: 189
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
....First Court, Patuakhali for disposal of the Miscellaneous Case in acÂcordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......he order passed by the learned Munsif in exercise of his inherÂent jurisdiction. 6. It is now well settled that if there is specific provision provided by law the Court cannot invoke its inherent power under section 151 of the Code of Civil Procedure. Since Order 9, rule 9 of the Code of Civil P......e is also Reported in: 41 DLR (HCD) (1989) 473.......First Court, Patuakhali for disposal of the Miscellaneous Case in acÂcordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473...Category: Limitation Law | Date: | Hits: 275
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......eal through mistake in spite of the fact that the appellant had not made neÂcessary deposit under Section 174(5) of the Bengal Tenancy Act the appeal was incompetent and the apÂpellate Court had no power to condone the delay unÂder Section 5 of the Limitation Act in making the deposit but his Lor......¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Habibullah Sheikh……………………………Opposite Party Judgment January 11, 1989. Result: The Rule is made absolute without any order as to costs. Cases Referred to- 29 DLR 301; 9 DLR 89; 5 DLR 451; 8 DLR 258; Sasadher Ghose, 53 C......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463...Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....merous conflicts of interest will arise and that the actions of one man or group of men will from time to time cause damage to others i.e. injury to the person, physical damage to property, damage to financial interests, injury to reputation and so on and whenever a man suffers damage he is inclined......nder:- "36. In the present case under consideration the High Court Division was sitting on appeal over the decree of the learned Sub-ordinate Judge. Even though the High Court Division's appellate power and jurisdiction are regulated by the Code of Civil Procedure and an appeal is a continuation ......ght of basic requirements for living. Death is inevitable but premature death in whatever form is not expected and cannot be consoled. Accidental death also a premature death Government is answerable to all such premature death as Government is to protect the citizen and is responsible for the life ......ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in:Â 62 DLR (HCD) (2010) 483. ..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....without Jurisdiction. Division overlooks the provision of section 3 of the Act and does not comprehend section 5(1) with the proviso as a whole. In view of the said provisions, the position is that a financial institution may institute a suit in connection with realization of loan in the Artha Rin A......terest was 16%. As security of the loan, defendant No.2 executed and registered mortgage deed in respect of his owned titled schedule property in favour of the Sonali Bank and executed an irrevocable power of attorney being No.4604 dated 6-1-1988 and also sworned an affidavit that mortgage property ......li Bank Ltd. & others………………Opposite-Parties Judgment May 11, 2010. Result: The rule is made absolute and the Civil Rule No.427 (R)/2006 is made absolute. Cases Referred to- Abdul Jalil Vs. Bangladesh House Building Finance Corporation, 41 DLR (AD) 109; Korea Banglad......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ..Category: Civil Law | Date: | Hits: 156
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......l, Department of Environment is the appropriate and competent authority under the law on the matters relating to environment of surrounding areas of the River. Section 4 of the Ain has conferred wide power upon the respondent No.5 to take all actions as he deems fit and necessary for conservation of......¦â€¦â€¦Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Rule is made absolute in part and the injunction order stands vacated. Cases Referred to- Dr. Mohiuddin Faruque Vs. Bangladesh, 49 DLR (AD) 1; Dr. Mohiuddin Faruque Vs. Bangladesh, 55......he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ..Category: Environmental Law | Date: | Hits: 1019
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
....l be free to cancel the bail of the petitioner in case of any violaÂtion of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......prejudiced at the time of trial of the case. 11. Now in this case admittedly the petitioner is a woman and the wife of the victim Anisur RahÂman. It is well settled that this Court has unfettered power in granting bail, but in considering a petition for bail under section 498 Cr.P.C., the guidel......¦â€¦â€¦â€¦â€¦â€¦...Respondent Judgment May 8, 1988. Result: The Rule is made absolute. Lawyers Involved: MA. Aziz, Advocate. — For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney General— For the State. Criminal Miscellaneous Case No.31 of 1988. Judgment Muhamm......l be free to cancel the bail of the petitioner in case of any violaÂtion of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ..Category: Criminal Law | Date: | Hits: 105
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....and as such it calls for interference. The imÂpugned order be set aside and the Rule be made absoÂlute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......e exercise of their jurisdiction and not those which are made in their discretion, unless the discretion is exercised fanÂcifully or arbitrarily. Order 1, rule 10(2) of the Code of Civil Procedure empowers the Court to add parties at any stage of the proceeding either upon or without application, w...... Vs. The U.N.O., Biswanath, District Sylhet & Others...........................Opposite Parties Judgment February 11, 1988. Result: The Rule is made absoÂlute. Cases Referred to- Mst. Jahanara BeÂgum Vs. A.L. Md. Shamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. T......and as such it calls for interference. The imÂpugned order be set aside and the Rule be made absoÂlute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 193
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
....me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......at a proceeding under section 145 of the Code does not lie where two parties are in joint possession in dispute and one of them tries to evict the other so as to endanger the public peace. 10. The power in sub-section (4) of section 145 of the Code of Criminal Procedure is an extraordinary power ......a Miah and others…….………Petitioner Vs. Fazar Ali and others………………Opposite Party Judgment February 3, 1988. Result: The Rule is made absolute. Cases Referred to- Syed Zaman Khandakar and others Vs. Zubeda Khatun and others, 25 DLR 317; Malik Mansoor Elahi......me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70...Category: Criminal Law | Date: | Hits: 126
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ...... two expressions 'persona designate' and 'Court'. If the function of the designated person is judicial in character then he is a Court even though he is not described as a Court. The real test is the power and function which the person dischargÂes. Thus if the function is a judicial one then the au......………………..Appellant Vs. The Government of Bangladesh and others..................Opposite Party Judgment April 9, 1989. Result: The Rules are discharged. Cases Referred to- 38 DLR (AD) 172 9; 40 DLR 232 9. Lawyers Involved: Gazi Abdur Rashid, Advocate—For th......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ..Category: Alternative Dispute Resolution | Date: | Hits: 280
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