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Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
.... the FIR it is clear that the petitioner herein assumed power on 23-6-1996 and all the process has been done before assuming her power. But after the change of the Government she was made accused for unnecessary harassment. 13. On our meticulous reading of FIR we find that all the process of purc......he State. Syed Mizanur Rahman, Advocate - For the Anti-Corruption Commission. Criminal Miscellaneous Case No.13163 of 2003. Judgment Md. Shamsul Huda J.- Supplementary affidavits filed before us do form part of the main application. 2. This rule was issued on 6-12-2003 calling upon t..Category: Criminal Law | Date: | Hits: 106
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....e instant writ petition in the same words as the previous one in spite of the fact that the earlier writ petition with the exact same facts grounds and prayers was rejected summarily. This has caused unnecessary expense and wastage of valuable Court time. 28. Another petition on the exact same fa......olved: AKM Fakhrul Islam, Advocate - For the Petitioner Abdus Salam Mondal, Deputy Attorney General with Amatun Karim, Assistant Attorney General - For Respondents. Siddiqur Rahman Advocate for AKM Fakhrul Islam, Advocate - For the Petitioner. Mahbubey Alam, Attorney-General with Murad ..Category: Constitutional Law | Date: | Hits: 314
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
.... respectful and obedient to the Court's judgment and order and they issued letter to the decree holder opposite party to join in his post but the decree holder did not join his post by raising some unnecessary and irrational reasons. 7. On the other hand Mrs. Farida Khan, the learned Advocate o......thereby affirming those of dated 11-1-2004 passed by the learned Senior Assistant Judge, Chandanaish, Chittagong, in other Execution case No.5 of 2002 making an order of arrest of the judgment-debtor for detention in Civil prison for a period of 6(six) weeks. 2. Short facts leading to the issuanc..Category: Civil Law | Date: | Hits: 166
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....ely, (1) in the present case neither the name of any person is fraudulently nor without sufficient cause entered into or omitted from the register of members of the Company nor any default is made or unnecessary delay took place in entering on the register the fact of any person having ceased to be ......h Serajur Rahman, Advocates ‑For the Respondents. Company Matter No. 47 of 1990. Judgment Md. Mozammel Hoque J.- This is an application under section 38 of the Companies Act, 1913 for rectification of share register of respondent No.1 Company, namely, Doctor's Chemical Works Limi..Category: Company Law | Date: | Hits: 225
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
....Nurul Islam Vs. Ashraf Ali and others, reported in 30 DLR at page 215 wherein the cause of action has been explained. Relying on this decision it is submitted that the present suit appears to be an unnecessary harassment to the defendant and, therefore, it should not be allowed. It has been found ......ee Abdul Latif ...........Petitioner Vs. Abdul Huq & others .........Opposite Parties Judgment March 13, 1991. Result: The Rule is discharged without any order for costs. Case Referred To- Haji Nurul Islam Vs. Ashraf Ali and others, 30 DLR 215. ..Category: Civil Law | Date: | Hits: 166
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
....Where the appellate Court considers the taking of additional evidence necessary, as it did in the instant case, there should be no order of remand by shirking its responsibility and thereby causing unnecessary delay in the administration of justice, but the procedure as laid down in Order 41, rule......MS Ali J Zehad Ali..........................Appellant Vs. Kharshed Ahamed & others.............................Respondents Judgment September 2, 1984. Result: The application for revision is allowed. Cases Referred to- Seth Nanhelal and another Vs. Umrao Singh and a..Category: Property Law | Date: | Hits: 115
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....the Title Suit to the effect that she had paid rent. Her witnesses ought to have been allowed to depose in those house rent cases. He has tried to make out a case for remand but that would be quite unnecessary because in the Title Suit between the same parties, over the same holding, both the part......d 1.1.1981, Dr. Suraiya Hossain, wife of Dr. A.S.M.T. Hossain was inducted into the house as a tenant by the landlady Mrs. Taherunnessa in the 1st floor of the said three storied residential building for residential purposes. The tenant Dr. Suraiya Hossain and her husband, both of whom are foreign q..Category: Property Law | Date: | Hits: 88
Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)
....ositing the cost out of time. The order impugned before me was made for securing the ends of justice as the same was directed to avoid multiplicity of proceeding, prolongation of the proceeding and unnecessary financial hazard and to advance cause of justice. In this context I may refer to the dec...... order of dismissal of the Miscellaneous Case and of restoration of Other Suit No.20 of 1980. 2. The opposite parties Nos.1 to 3 filed Other Suit No.20 of 1980 against the petitioners and others for declaration of title to the disputed land and pond on various pleas. The petitioners contested t..Category: Criminal Law | Date: | Hits: 85
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....pounding and explaining the provisions, keeping in view the inherent spirit ingrained in such a law but it cannot read something which is not there and can neither create new duties nor can introduce unnecessary legal impediments. 104. In this connection if would be profitable to repeat what Lord......d. Writ Petition No. 3304 of 2003. Judgment ABM Khairul Haque J.‑ The Rule: In this Writ Petition the petitioners 10(ten) in number were elected as Ward Commissioners in the seats reserved for female candidates in Khulna City Corporation (the Corporation, in short), under the provisions o..Category: Constitutional Law | Date: | Hits: 443
....ement Board, Rangpur (Annexure‑C) dated 20.7.84 and order of Deputy Commissioner, Rangpur, (Annexure‑Cl) dated 1.8.84 and that the petitioner should not be put into difficulty to fulfil all these unnecessary, requirements. On the basis of the supplementary affidavit on 3.6.91 a further Rule Nisi......
October 30, 1991.
Result:
The Rule is made absolute.
Case Referred to-
Mukhtar Ahmed Vs. Government of Bangladesh & others, 34 DLR 29.
Lawyers Involved:
Lutfor Rahman Majumder, Advocate ‑ For the Petitioner.
AF Hasan Ariff, Deputy Attorney General ..
Category: Immigration and Citizenship Law | Date: | Hits: 178
Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)
....nt in hajat from 18.8.90 to 30.8.90 after his acquittal on 25.1.89 for no fault of his own. In our view fresh trial of the petitioner for the negligence of the presiding officer concerned would be an unnecessary harassment to him and an abuse of the process of the Court. 7. In the result the Rul...... Abdus Salam Mamun, Assistant Attorney‑General ‑ For the State. Criminal Revision No. 839 of 1990. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioner is for quashing the proceedings of Special Tribunal Case No.50 of 1987 pending before the Special Tribu..Category: Criminal Law | Date: | Hits: 73
Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)
....withdrawing of such suits may be permitted by the court in the interest of justice as the co-plaintiffs are not likely to be prejudiced thereby and the withdrawing plaintiffs would also be saved from unnecessary expenditure and harassment in pursuing the suit. 14. It is also pertinent to mentio......l, 1981 passed by the learned Subordinate Judge, Pirojpur in Title suit No.415 of 1979 re-numbered as Title Suit No. 75 of 1981 rejecting the petition of Suresh Chandra Majumder one of the Plaintiffs for transposing plaintiff Nos.1-5, 8-11, 14, 17 and 18 from the category of plaintiffs to the catego..Category: Procedural Law | Date: | Hits: 82
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
.... suit/case to add any person as a party when it is found necessary for effectual and complete adjudication of all question involved in the suit/case. With that object the court can also strike out an unnecessary party. The underlying principle of rule 10 (2) of Order 1 of the Code of Civil Procedure......a J.-This Rule is directed against the order dated 26‑4‑1988 passed by the learned Assistant Judge Keshabpore, Jessore in Miscellaneous Case No.11 of 1987 rejecting the petitioner’s application for amendment of the pleading by adding a party thereto. 2. The petitioners filed an application ..Category: Property Law | Date: | Hits: 94
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....f 1957. 13. As regards the provisions of section 6 of the Act requiring sanction of Government, we are of the view that this provision has been inserted in the Act to save the private persons from unnecessary harassment in the hands of the unscrupulous officers of the Bureau of Anti-Corruption. F......oner Abdul Kabir was served with a notice by the competent officer of the Bureau of Anti-Corruption under section 4 of the Anti-Corruption Act, 1957. In reply to the notice he submitted a statement before the authority about the matter. On inquiry, the Bureau of Anti-Corruption found that the statem..Category: Criminal Law | Date: | Hits: 109
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....on. In the present case the petitioner has impleaded the Returning Officer and Assistant Returning Officer as respondents in the Election petition in addition to others. It is submitted that they are unnecessary parties. Article 51(2) provides that a petitioner may claim as relief any of the declara......red against order dated 5‑10‑1997 passed by the learned Election Tribunal, Dhaka Division, Dhaka in Election Petition No.2 of 1997. The Tribunal by the said order rejected the petitioner's prayer for dismissal of the said election petition. 2. It is case of the present petitioner that opposit..Category: Election Law | Date: | Hits: 247
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
....so satisfied that would be doing injustice to the bulk of the litigants whose cases are pending before this Court for years together and could not be heard due to the overburdening of this Court with unnecessary business which is within the domain of the Courts below." For the reasons stated abov......R (SC) 2; Mohammad Belayet Hossain Sharif Vs. State, 18 BLD 172. Lawyers Involved: Md. Forid Ahmed with Iqbal Hye Chowdhury, Advocates - For the Petitioner. K S Hossain, Advocate - For the Informant. MA Rouf, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No.1..Category: Criminal Law | Date: | Hits: 93
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....of section 25 of the Ordinance for taking cognizance on the basis for contravention of the provisions of section 17 giving rise to an offence punishable under section 24 of the Ordinance was to avoid unnecessary harassment to the persons connected with share market business by filing complaint again...... Criminal Reference Nos.1, 2 and 3 of 1997 Judgment Kazi Ebadul Hoque J. - These three References under section 438 of the Code of Criminal Procedure have been sent by the Sessions Judge, Dhaka for quashing the proceedings of CR Case Nos. 1075 of 1997, 1976 of 1997 and 1080 of 1997 pending bef..Category: Business or Commercial Law | Date: | Hits: 219
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....goods. The Government had to employ a large number of staffs and machinery for this purpose. This system according to the Law‑making Authorities is suffered from abuses and grave irregularities and unnecessary complicities. The change in the method of assessment was designed to remove these diffic......y and also fixing Taka. 7 lacs as rate of each value of each year. By SRO No. 192 dated 1.7.88 fixing the capacity filing value to be 2 cores 50 lacs bottle and the rate was fixed at 80%, 64% and 48% for the Dhaka, Chittagong, Rajshahi and Khulna Divisions respectively per year and earlier SRO No. 1..Category: Fiscal/Taxation Law | Date: | Hits: 199
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....a massive scale to win a seat in the Parliament which resulted in the common people losing their interest and confidence in the electoral process. Such election became questionable for the reasons of unnecessary and excessive use of muscle, money and power against which country‑wide agitation and ......tizen to safeguard and defend the Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh. The petitioner is also the Secretary General of the Association for Democratic and Constitution Advancement of Bangladesh (ADCAB) which has been working for the peo..Category: Constitutional Law | Date: | Hits: 215
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....f the last mentioned case are almost similar to the instant case in that re-conveyance there took place before the application for pre-emption was filed. It appears that the learned Judges have given unnecessary importance to the fact that the vendor, Abdul Bari Khan, had got back his land by fili......er the right of pre-emption is available when the land sought to be pre-empted has already been reconveyed to the vendor, particularly when the deed of reconveyance has been executed and registered before the filing of the application for pre-emption. Both the trial Court, and the High Court Divisio..Category: Property Law | Date: | Hits: 77
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