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....y this common judgment.
2. The petitioner in Writ petition No.416 of 1986, Md. Fazlur Rahman, was a Naik on duty at Boirchuna outpost in the District of Dinajpur, in 23 Rifles Battalion, First Company on 1.1.86. The petiÂtioner in Writ petition No.438 of 1986, Abu Bakar, was a Habilder at the sa...... BDR Regulations. These are disÂcharge from service with a stigma. There is absoÂlutely no material on record that any disciplinary proceeding was at all instituted against the petitionÂers at any stage. There is absolutely no material that the petitioners were proceeded against under section 6 o......f all the petitioners that they were neither asked to show cause nor were they heard at all in defence. They even did not know what was the allegation against them or what was the offence, if any. No proceeding was drawn up against them and no inquiry was made but quite arbiÂtrarily and illegally t..
Category: Others | Date: | Hits: 167
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....Pourashava" means a Pourashava conÂstituted under this Ordinance by whatever name called; (45) "Urban area" means an area within the jurisdiction of a Pourashava or Cantonment Board, and includes any other area which is deÂclared to be an urban area under section 3:" Sections 3 and 4 of the ......f fact, they have so voted on 10.2.88) till they are included in the Pourashava and when they are included in the Pourashava under section 4, they will start voting in the Pourashava elections. At no stage they are without franchise. 12. Mr. Hannan lastly submits that the inhabÂitants of those a......result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132...Category: Property Law | Date: | Hits: 108
....rned Single Judge acted illegally in holding that the Arbitrator had no authority to determine the liability of the inÂsurers and had also erred in law in holding that the Arbitrator could not award any interest.
9. Mr. Syed Ishtiaq Ahmed, learned Advocate for the claimant-appellant, has taken u......lt all the three appeals are disÂmissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
......e portion of the learned SinÂgle Judge's order it was observed that the claimant, having obtained the award on the amount as to the loss or damage in question shall have now the right to institute a proceeding upon the relevant policies before the appropriate Court , if it decides to enforce the cl..
Category: Business or Commercial Law | Date: | Hits: 290
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ision vide Memo No.Sha 8/IP-277/87/174 (Annexure 'A') suspending the petitioner from the office of Chairman of Mithapukur Upazila Parishad should not be declared illegal and to have been made without any lawful authority and is of no legal effect. 2. In the Writ application filed under Article 10......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......n that the impugned order has been issued on some uncertain, vague, and indefinite allegations of misuse of power and violaÂtion of the statutory provision by the Chairman. It is also stated that no proceeding has been initiated for the removal of the petitioner from the office of Chairmanship, nor..Category: Others | Date: | Hits: 175
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
....Criminal ProceÂdure, which are material for exercising the revisional powers of the High Court, are 435(1) and 439(1), (4) and (5) which read as follows :— "435. (1) The High Court Division or any Sessions Judge (Chief Metropolitan Magistrate) or District Magistrate, or any Sub-Divisional Mag......rthÂwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......justice. The petitioner having been acquitted in the sessions case, his arrest in the same case is illegal and unwarranted in law and as such he is entitled to be released from custody as there is no proceeding against him. Hence we direct for his reÂlease. 7. Since Dr. Rafiqur Rahman has challe..Category: Criminal Law | Date: | Hits: 101
National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
.... declaration that the plaintiff is the sponsor Director of National Bank Ltd., the defenÂdant No.1 (petitioner in the present application) and that he is entitled to be a shareholder of the said company on payment of his required subscription. He also prayed for a declaration that the license dated...... of the Bank. He is filing the suit on the basis of loss of a contingent interest. Whether he has been able to make out such a case will be seen at the time of trial but he cannot be shut out at this stage on the ground that the plaint discloses no cause of action. A promoter who alleges that he was......atter. Therefore, we do not find any ground for interference. In the result, the Rule is disÂcharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103...Category: Business or Commercial Law | Date: | Hits: 282
Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)
....Procedure, the petitioners, on 4.9.88, filed an application to stop further proceeding of the trial and to release the acÂcused petitioners. This application was however reÂjected without assigning any reason on 20.9.88. 4. Mr. Mansur Habib, the learned Advocate apÂpearing for the accused peti......f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ......Advocate—For the State. Criminal Revision No.172 of 1988. Judgment Syed Misbahuddin Hossain J. - This Rule was issued calling upon the Deputy Commissioner, Bogra to show cause why further proceedings of the Special Tribunal No.8 of 1987 pending in the Court of Special Tribunal Case No.2,..Category: Procedural Law | Date: | Hits: 112
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....arned Advocate appearing on behalf of the opposite party No.2, on the other hand, submits that these petitions filed by the petitioner are incompetent as he is hot aggrieved by the impugned order. If anybody is aggrieved it is the State who is aggrieved but the State is not coming with any petition ...... as Sessions Case No.3/1994 and both these two cases are now pending before the learned Sessions Judge, Munshiganj. 4. It appears that, in both then sessions cases charges were framed and at that stage one Mr. Munshi Atiqur Rahman, an Assistant Superintendent of Police, CID filed a petition seek...... for further investigation, it appears, were also not filed through this Assistant Public Prosecutor Mr. Abdul Mannan. Not only CID official who filed the petition also prayed for stay of all further proceedings of the Sessions Cases which is inconceivable in the system of judiciary now prevalent in..Category: Criminal Law | Date: | Hits: 99
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....on 302 and also under section 307 of the Penal Code. The learned Additional Sessions Judge sentenced him to death for commission of the offence under section 302 of the Penal Code but he did not pass any sentence under section 307 of the Penal Code as he has already passed the extreme penalty upon t......me reward from the authority. It is stated that as Humayun did not agree to vacate the bank premises, there was an altercation between Lokman Miah and Humayun Kabir at about 11-30 to 11-45 PM. At one stage accused Lokman Miah hit Humayun fell on ground. There after he was done to death by beating. T......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ..Category: Criminal Law | Date: | Hits: 73
Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)
....on 1.1.90 is legal. 5. It appears from the record that the petitioner obtained bail from the Magistrate after submission of the charge-sheet but did not appear in the Court of the Special Judge at any stage. In spite of issuance of warrant of arrest against him and some other absconding accused p.......1.90 is legal. 5. It appears from the record that the petitioner obtained bail from the Magistrate after submission of the charge-sheet but did not appear in the Court of the Special Judge at any stage. In spite of issuance of warrant of arrest against him and some other absconding accused perso......nt Attorney-General ‑ For the State. Criminal Revision No.232 of 1990. Judgment Kazi Ebadul Haque J.- This Rule at the instance of the accused petitioner, Mojibul Haque is for quashing the proceedings of Special Case No.67 of 1981 pending in the Court of Divisional Special Judge, Dhaka. ..Category: Procedural Law | Date: | Hits: 99
.... for referring the matter to the learned Chief Justice for constitution of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
......this Court to make a reference to the Hon’ble Chief Justice with a recommendation for constitution of a larger Bench but the said prayer was refused only on the ground that it was made at a belated stage. Mr. MI Farooqui then submitted that as the matter before this Court involves a question of gr...... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
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Category: Procedural Law | Date: | Hits: 136
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....ture and kind of the transfer and the consideration of the surrounding facts and circumstances is prohibited in a pre-emption proceeding under section 96 of the Act, but Mr. Halder could not stand on any decision as to his submission. 6. Mr. AJ Mohammad Ali, the learned Counsel for the Pre‑empt......result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......n an error in the decision occasioning failure of justice going beyond the recitals of the deed itself in finding that it was a deed of sale and not of exchange. He also submits that in a pre-emption proceedings only the recitals of the deed of transfer are the evidence to find the nature and kind o..Category: Property Law | Date: | Hits: 89
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....d challenging the venue of the election of the President directed to be in a Chamber of the President having been rejected by the former Division Bench per quorums is not before this Single Bench for any decision. 6. Mr. Amir‑ul‑Islam, the learned Counsel, having taken me through the impug......ng anything in the Constitution no election to the President shall be challenged except by an election petition before the Tribunal to be constituted under the law. Without observing anything at this stage as to this bar as under Article 125(b) of the Constitution which may shake the very foundation......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)
.... Ali J 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 &......d relief claimed by him in a Court of Small Causes depends upon the Proof or disproof of a title to immoveable Property or other title which such a Court cannot finally determine the Court may at any stage of the proceedings return the plaint to be Presented to a Court having jurisdiction to determi......ted holding thereafter was leased out to him at a rental of Tk. 20.00 from 16.3.68. His further case is that the Assistant Custodian of Enemy Property by this time intimated him about stay of further proceedings of the said Miscellaneous case by a letter dated 23.11.68 and as such he could not pay r..Category: Civil Law | Date: | Hits: 140
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... 2. The case of the petitioner, relevant for the purpose of disposal of the Rule, is that the petitioner No.1 is the Chairman of the Board of Directors of United Commercial Bank Ltd., a banking company, incorporated as a public limited company under the Companies Act, 1913 and the petitioner No.2 ...... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......€‘M and issuance of the summons contained in Annexures‑L and L(1) should not be declared to be illegal, without jurisdiction and without lawful authority and are of no legal effect and why the said proceeding should not be quashed. 2. The case of the petitioner, relevant for the purpose of d..Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....lleged that although it was mentioned in the transfer deed that the total price was shown as Tk. 33,00,00000 in fact the transferors Shahinur Islam, Mrs. Aftara Begurn and Amjadul Huq did not receive any money from Janata Publishers Ltd. and they received only Tk. 1,63,000.00 from Abdus Sukur Prodha......the submission made on behalf of the petitioner relating to the deep merit of the case are to be determined at the trial of the case to see whether the accused petitioner is guilty or not and at this stage it is premature to go into the merits of the case and arrive at any conclusion on the facts wh......tance of the accused petitioner, the former Chairman of DIT (now RAJUK) which a Rule was issued by this court on 24.592 calling upon the Deputy Commissioner, Dhaka to show cause as to why the impuged proceedings of Special Case No.11 of 1992 now pending in the court of Additional Sessions Judge, 2nd..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....rein it has been stated unequivocally and in an unambiguous term that opÂposite party out of love and affection for her youngÂest daughter petitioner and on consideration that she would not inherit anything after her death, she (Plaintiff Opposite Party) intended to transfer one bigha of land and ......inasmuch as they failed to appreciate import of the pleadings which involved complicated question of law. The question of law though not mentioned in the pleadings specifically can be agitated at any stage of the hearing even in second appeal before the High Court. So the contenÂtion their objectio......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519...Category: Property Law | Date: | Hits: 134
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....ardian". In the instant case the proceedings were drawn up by the Chief Metropolitan Magistrate, Dhaka against the petitioner u/s. 363 of the Penal Code which runs as follows:- "Whoever kidnaps any person from (BanglaÂdesh) or from lawful guardianship, shall be punished with imprisonment of e......te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......uiyan J.- This Rule under section 561A read with section 435 of the Code of Criminal Procedure was issued calling upon the Deputy Commissioner, Dhaka and the Opposite Party No.1 to show cause why the proceeding in PeÂtition Case No. 461a1 of 1987 pending in the court of the Chief Metropolitan Magis..Category: Family Law | Date: | Hits: 255
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....sharini was delivered lo the plainÂtiffs at Barisal........... Section 32 of the Arbitration Act is as folÂlows:- "32. Bar to suit contesting arbitration agreement or award. - Notwithstanding any law for the time being in force, no suit shall lie on any ground whatsoever for a decision upon ......der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......ts of India have taken the aforesaid view. The said decision also quotes the Indian Supreme Court in the case of Hanskumar Kishan Chand Vs. The Union of India, AIR 1958 Supreme Court 947 touching the proceedings in arÂbitration as follows:- "When the parties enter into an agreement to have their..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....,00,000 + 2,00,000 = total 17,00,000 on 8-7-1989. Defendant defaulted in paying the loan and it pile up to Taka 21,86,194 and after request, when defendant did not pay the said amount or did not take any step for repaying the loan, that suit was filed. The defendant filed written statement and denie......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. ......d 18-5-2004 by this Division. (iii) Greenways Tannery and other Vs. Subordinate judge and Artha Rin Adalat No.1, Dhaka. This Writ Petition No.3292 of 1999 was filed challenging the institution and proceeding of Artha Rin suit on the ground that recommendations were not implemented by the Governme..Category: Civil Law | Date: | Hits: 141
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