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.... be borne in mind that this original constitutional jurisdiction of the High Court Division is aimed at securing the speedy and efficacious remedy to an aggrieved person whose legal or constitutional right has been infringed. It is meant to be a summary and swift mode of disposal of disputes and it ......004 discharging the Rule should not be reviewed and/or pass such other or further order orders as this Court may deem fit and proper.”
2. Relying on the following averments the petitioner seeks for review of the judgment and order dated 22.08.2006 passed by the Hon’ble High Court Division., ......d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”.
Gobinda Chandra Tagore J. - I agree
This Case is also Reported in:
......l or constitutional right has been infringed. It is meant to be a summary and swift mode of disposal of disputes and it is not designed to be procedurally intricate and remedially elaborate method of trial of suits of original civil jurisdiction. In fact its procedural simplicity and swiftness marks..
Category: Administrative Law | Date: | Hits: 371
Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
.... pendency of the suit itself. 11. I am not at all inclined to indulge on the question of merits on the points involved in the principal litigation. As in my view it will invoke infringement on the right of the parties to get fair and final decision from the trial Court by adducing evidence. Regar...... appeal and setting aside the order of temporary injunction passed on 7‑10‑95 by the Assistant Judge, Dhaka. 2. The petitioner Monwar Ali claims that he is a permanent Member of the Dhaka Club for the last 15 years and he has been illegally expelled from membership of the club by a letter dat......malafide or illegal having been done by the club authority against the petitioner. Mr. Bhuiyan also submits that temporary injunction if granted it will tantamount to interference with the internal affairs and administration of the club which is a private company and that the petitioner has no prima......petitioner did not resign within 24 hours as was stipulated time. The executive committee then expelled him from the roll of the members of the club and hence the suit. The suit is pending before the trial Court. 4. In the suit an application was riled for temporary injunction with a prayer that ..Category: Civil Law | Date: | Hits: 110
Sayed and 10 others Vs. State, 1996, 25 CLC (HCD)
....peal No.2425 of 1993 and appellant Md. Based Miah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ......e State. Criminal Appeal No.2425 of 1993 with Criminal Appeal No.2527 of 1993. Judgment Md. Gholam Rabbani J.- Fifteen accused including accused Badal alias Abdul Awal were placed on trial before Santrash Mulak Aparadh Daman Tribunal, Gazipur, in Santrash Daman Tribunal Case No.11 of 1993 a......peal No.2425 of 1993 and appellant Md. Based Miah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ...... For the State. Criminal Appeal No.2425 of 1993 with Criminal Appeal No.2527 of 1993. Judgment Md. Gholam Rabbani J.- Fifteen accused including accused Badal alias Abdul Awal were placed on trial before Santrash Mulak Aparadh Daman Tribunal, Gazipur, in Santrash Daman Tribunal Case No.11 o..Category: Criminal Law | Date: | Hits: 81
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
....rred on it the powers of an appellate Court. No power to review the appellate decree or order has been granted to the appellate Court by the said special statue. Mr. Chowdhury submits that both the right of appeal and the right of review are substantive rights, and not merely procedural rights, an...... Court below has the power to review its own Judgment under Order 47 rule 1 of the Code of Civil Procedure, the appeal having arisen from a proceeding u/s. 96 of the State Acquisition and Tenancy Act for pre-emption. 2. The miscellaneous case was allowed by the trial Court. The appellate Court be......ppellate Court below calls for any interference in revision. In the result the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ...... 47 rule 1 of the Code of Civil Procedure, the appeal having arisen from a proceeding u/s. 96 of the State Acquisition and Tenancy Act for pre-emption. 2. The miscellaneous case was allowed by the trial Court. The appellate Court below set aside the Judgment and order 6f the trial Court and dismi..Category: Procedural Law | Date: | Hits: 119
Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)
....in the Court of Session to summon and try the discharged accused without complying with the provisions of the repealed section 437 of the Code of Criminal Procedure, the repeal shall not affect any right, privilege, obligation or liability acquired, accrued or incurred under the enactment so repea......Deputy Commissioner Dacca to show cause why the order dated 1.8.79 passed by Mr. Asaduzzaman, Additional Sessions Judge, Dacca issuing summons upon the accused petitioner Fazlul Huq Haider @ Mollah for standing trial as an accused in Sessions Case No.95 of 1978 should not be set aside. 2. On 7....... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ......sioner Dacca to show cause why the order dated 1.8.79 passed by Mr. Asaduzzaman, Additional Sessions Judge, Dacca issuing summons upon the accused petitioner Fazlul Huq Haider @ Mollah for standing trial as an accused in Sessions Case No.95 of 1978 should not be set aside. 2. On 7.6.77 at 00-30..Category: Criminal Law | Date: | Hits: 92
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
....agong Medical College bearing Roll No.113, Session 1988-89. He was elected Indoor Games Secretary for the 4 consecutive terms of College Chhatra Sangsad of the Chittagong Medical College having a bright academic career and a cultural family background and has a keen desire for higher education i......llows: The petitioner in Writ Petition No.2141 of 1993 was a 4th Year MBBS, student in the Chittagong Medical College bearing Roll No.113, Session 1988-89. He was elected Indoor Games Secretary for the 4 consecutive terms of College Chhatra Sangsad of the Chittagong Medical College having a ......ege bearing Roll No.147 Session 1988-89. He was a former Social Service Secretary of Chittagong Medical College Students Union. Since his boyhood he developed a taste for literature and cultural affairs and was a regular contributor of the College journals. In recognition of his cultural tastes...... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ..Category: Others | Date: | Hits: 168
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......the Court of the Chief Judicial Magistrate, Rangpur (Annexure-A) should not be declared to have been initiated and issued without lawful authority and is of no legal effect. 2. The relevant facts, for disposal of this Rule, in short, are that on 18-4-2008 one Md. Hasan Ferdous Sarker, Senior Upaz......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......efers to a stage of mutual condition at which the Magistrate or a Judge decide upon taking necessary steps to initiate or judicial proceeding against a person accused of an offence for placing him on trial with a view to determine the truth order or otherwise of the accusation." 11. In view of th..Category: Anti-Corruption Laws | Date: | Hits: 142
SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)
....03 plaintiffs instituted Title Suit No.350 of 2003 in the second Court of Joint District Judge, Dhaka, against defendants seeking following relieves: a) A decree declaring their 16 annas exclusive right, title and interest in suit land by purchase as well as by adverse possession; b) A decree ...... District Judge, Second Court, Dhaka, dismissing Misc. Appeal No.38 of 2004 and affirming those of dated 16-2-2004 passed by learned Joint District Judge, second Court, Dhaka rejecting an application for temporary injunction in Title Suit No.350 of 2003. 2. Material facts are that on 23-9-2003 pl......6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51.......d 2 of the Code of Civil Procedure for restraining defendant Nos. 1-3 from changing the nature and character of the suit land and transferring the same to anybody. The application was rejected by the trial Court and affirmed in appeal by the impugned order. Hence the Rule. 3. The learned Advocate..Category: Civil Law | Date: | Hits: 111
....taking such decision under section 19 or 21 had ever been taken by the authority in that respect and, as such, the impugned order is passed without any lawful authority being violative of fundamental right of the petitioner as guaranteed under Article 27, 31 and 40 of the Constitution.
6. This Ru...... For the Petitioner.
SM Moniruzzaman, Assistant Attorney-General - For the Respondents.
Writ Petition No.7287 of 2007.
Judgment
Md. Ashfaqul Islam J.- Let the supplementary affidavit be formed part of the main petition. At the instance of the petitioner Saint Martin Commodities Limited......aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 49.
......e dealing with the offences and penalty in accordance with the different provisions of the said Chapter principle of natural justice must be observed in the procedure of departmental or judicial, for trial of Customs offences. This principle is certainly applicable as well upon the rules framed unde..
Category: Business or Commercial Law | Date: | Hits: 656
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....stated that on 7-7-1997 defendant No.2 issued a Memo bearing No.এস, এ/ক-২৭-৫২৪(২০০) under section 92(1)(c) of the State Acquisition and Tenancy Act extinguishing proprietary right in 65 decimals of land of SA Plot No.573 and RS Plot No.79 and 80 and asked to submit objectio...... extinguishing proprietary right in 65 decimals of land of SA Plot No.573 and RS Plot No.79 and 80 and asked to submit objection, if any, within 30 days in the office of the defendant No.3. Being informed about the said Memo dated 7-7-1997 the plaintiffs submitted their registered title deeds, ren...... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37.......and regularly paying rents in the Tahsil Office and municipal taxes in the municipality which were accepted by the relevant offices without any objection. The learned Advocate also submitted that the trial Court erred in law in disbelieving the exhibits filed by the plaintiffs without any cogent rea..Category: Property Law | Date: | Hits: 147
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....nd payment of proper Court fees. The learned Advocate for the petitioners submits that present suit is with regard to '72 decimals of land and as such it is valued at Tk. 3,500 and the learned Munsif rightly found this valuation and payment of Court fees thereon as correct. In appeal, the learned Su......er Ali, Subordinate Judge, Kushtia in Misc. Appeal No.11 of 1984 reversing those dated 12.1.84 passed by Mr. Md. Monjur Kader, Munsif, Kumarkhali in Titie Suit No.173 of 1983 rejecting an application for dismissing the suit on the ground of non-maintainability. 2. The present petitioners as pla......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......so insufficient Court fees have been paid thereon. So, the finding of the learned Subordinate Judge that the suit is hit by section 7-viiiA of the Court Fees Act appears to be correct and that of the trial Court is wrong. In that view of the matter, the present suit may, however, come within the mis..Category: Procedural Law | Date: | Hits: 174
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....examination and report and on receipt of the post mortem examination report it was noticed that the doctor found the following injuries on the person of the victim: 1) One echymosis 5" X 4" on the right back chest. 2) One echymosis 3" X 3" on the left back chest. 3) One echymosis 2" X 2" ab......he appellant Abdus Sukur Miah was placed on trial under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 and ultimately was found guilty thereunder and sentenced to suffer R/I for 14 years by the learned Special Tribunal, Barguna in Special Powers Act Case No.20 of 1990 arisi......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ...... Md. Ansar Ali J.- This is a case of wife killing on demand of dowry under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance 1983. 2. The appellant Abdus Sukur Miah was placed on trial under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 and ultimately ..Category: Criminal Law | Date: | Hits: 135
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....ebt Settlement Board within Police Station, Rani Shankail, which was disposed of on 26‑9‑1938 (para 2 of the plaint). In that case said Sukmon Singh and Girish Chandra relinquished their claim of right and possession upon the suit holding including suit land in favour of Darika Nath, father of t......C Appeal 23 of 1986 allowing the appeal and dismissing the suit, reversing the Judgment and decree dated 24.5.86 passed in OC Suit 345 of 1981 by the Subordinate Judge, Thakurgaon, decreeing the suit for declaration of title brought by the petitioner. 2. Admittedly, the suit land along with other......tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......at on plea of compromise the plaintiff took their signatures on some blank papers which he converted into written statements in support of his own case fraudulently beyond their knowledge. 4. The trial Court decreed the suit. On appeal by the defendant, the appellate Court has dismissed on the s..Category: Property Law | Date: | Hits: 123
Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153.......al Miscellaneous Case No. 100 of 1989. Judgment Latifur Rahman J. - In this Rule the petitioner has challenged the legality of the detention order of her husband M. A. Wahid and has prayed for his release. 2. In the petition it has been stated that the detenu was served with an order...... (Dhaka) (Criminal Original Jurisdiction) Present: Latifur Rahman J AM Mahmudur Rahman J Mahbuba Wahed………………………Petitioner Vs. Secretary Ministry of Home Affairs & others…………….Opposite Parties Judgment May 24, 1989. Result: The Ru......tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153...Category: Criminal Law | Date: | Hits: 109
Abdus Satter Bhuiya Vs. Deputy Commissioner Dhaka & Others, 1988, 17 CLC (HCD)
....ner concedes that this Abdul Khaleque, Inspector, District Anti-Corruption Bureau is fully competent to pass such an order. In such circumstances we are of the view that the order dated 21.4.86 has rightly been passed by opposite party No.4 Abdul Khaleque and there is no illegality in the same. ......que, Advocate-For the Petitioner. Criminal Revision No.393 of 1988. Judgment Mahmudul Amin Chowdhury J.- This is an application under section 561A of the Code of Criminal Procedure preferred for quashing the proceedings of D.A.B. Non F.I.R. Case No.717 dated 6.8.86 and D.A.B.G.R. No.76 of......nd there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summarily. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ......enever any Court or any Officer-in-Charge of a Police Station considers that the production of any document or other thing is necessary or desirable for the purpose of any investigation, inquiry, trial or other proceedings under this code by or before such Court or officer, such Court may issue ..Category: Procedural Law | Date: | Hits: 118
Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
....granting receipts for them the plaintiff respondent took care in giving such receipts month wise. A question is, do the facts constitute an evidence of a contract between the parties waiving the right to receive rent within the 15th day following that month for which rent has become due. Second......amine the legality of the Judgment and decree dated 27.12.87 passed by the learned Assistant Judge and Small Cause Court Judge in Small Causes Court Suit No.6 of 1984. 2. The facts relevant for the purpose of disposal of the Rule are that the petitioner as plaintiff instituted th......ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is decreed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ......observed, must be given to establish the plea of waiver. Quite necessarily, the tenant is required to take the plea of waiver at the earlier opportunity, that is, in his pleading and at the trial where it should be raised as an issue. 17. In 40 DLR (AD) 89 the Appellate Division ..Category: Tenancy Law | Date: | Hits: 214
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
.... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ......ourt of Sessions Judge (Special Tribunal No.1), Dinajpur should not be quashed. 2. The facts of the case, briefly stated, are:— Naik Subedar Majibur Rahman, B.D.R. Dinajpur lodged a First Information Report with the Kotwali police station alleging, inter alia, that on receipt of the secr...... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ......ing contained in the Code or in any other law for the time being in force, a Special Tribunal may lake cognizance of the offence triable under this Act without the accused being committed to it for trial, but shall not take cognizance of any such offence except on a report in writing made by a pol..Category: Criminal Law | Date: | Hits: 103
Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....annot, therefore, be heard together. In addition, since the subject matters of the two proceedings, namely, Miscellaneous Case No.88 of 1974 and Title Suit No.193 of 1981 are the same, the latter was rightly stayed by the Subordinate Judge, 3rd Court, Dhaka." 9. In the cited case there was prayer...... section 10 C.P.C. should not be set aside. 2. Facts in short are that the petitioner as plaintiff instituted Title Suit No.356 of 1984 (previously T.S. No.14 of 1981) against the opposite party for a declaration that the opposite party-Bank having taken exchange risk commission cannot put into......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ...... under Article 33 cannot be tagged with any other proceeding under the ordinary law of the land. Additionally, it was found that the subject matter of both the proceedings were the same. So the trial Court rightly stayed further proceedings of the subsequent Title Suit till the disposal of the..Category: Civil Law | Date: | Hits: 119
Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)
..... The Sessions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ......ons 302/34 of the Penal Code reviving the Sessions Case under section 339D of the Code of Criminal Procedure. 2. It appears that the Officer-in-Charge of Gopalpur Police Station lodged a First Information Report on 4.10.84 in the present case alleging about the death of one Dr. Mir Abdur Rajj....... The Sessions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ......the case records were received by the Sessions Judge, Tangail on 9.12.86 and the case remained pending till 5.12.87. Subsequently proceeding was stopped under section 339C of the Code as the time for trial expired. Ultimately, on an application by the Public Prosecutor under section 339D of the Co..Category: Procedural Law | Date: | Hits: 143
Taslima Begum @ Anguri and another Vs. State, 1989, 18 CLC (HCD)
....elated to cases, of taking cognizance by a Magistrate are not relevant for our purpose. Thus the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 136. ......the Petitioners. Criminal Revision No.143 of 1989. Judgment Latifur Rahman J.- In this application under section 561A of the Code of Criminal Procedure, the accused petitioners have prayed for quashing of the proceedings of Special Tribunal Case No.89 of 1989 under section 19A of the Arms......elated to cases, of taking cognizance by a Magistrate are not relevant for our purpose. Thus the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 136. ......o investigate and report to the Special Tribunal who alone is empowered to take cognizance of such an offence. Thus sections 26 and 27 of the Act provide for special machinery for investigation and trial by Special Tribunal. The learned Advocate on a reference to section 5(2) of the Code argued th..Category: Criminal Law | Date: | Hits: 84
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