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Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....f loan of the Shilpa Bank, the opposite party. Since both the learned Advocates are relying on the same decision of the Appellate Division, we should consider it with utmost care and caution. The relevant portion of the said decision may be quoted as follows:— "It (meaning P.O.No.129 of 197......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. ......vision No.607 of 1985. Judgment Md. Mozammel Hoque J. - In this Rule issued under section 115 of the Code of Civil Procedure the opposite party was directed to show cause as to why the judgment and order dated 25.8.85 passed in Miscellaneous Case No.66 of 1985 by the Commercial Court No.II a......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. ..Category: Civil Law | Date: | Hits: 119
Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)
....n 90 days. Thus it appears that if the application is filed within ninety days from such stopping, the revival is automatic and the Court is bound to revive the case. 7. Herein we will discuss the relevant provisions of the Code to see the authority of the Public Prosecutor in filing applicatio....... 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. ......d in: 42 DLR (HCD) (1990) 138. ....... 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. ..Category: Procedural Law | Date: | Hits: 143
Taslima Begum @ Anguri and another Vs. State, 1989, 18 CLC (HCD)
....gated into the case and submitted charge sheet No.10 dated 14.1.89 and forwarded the charge-sheet to the Court of the Magistrate on 15.2.89. Thereafter the Chief Metropolitan Magistrate forwarded the relevant records along with the charge sheet to Sessions Judge and Special Tribunal, Dhaka on the sa......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. ......d in: 42 DLR (HD) (1990) 136. ......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. ..Category: Criminal Law | Date: | Hits: 84
Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)
....efence declined to cross-examine him. 24. In the instant case P.Ws. I, 2 and 3 who are the private witnesses were declared hostile by the prosecution and P.Ws. 4-9 were police personnel and at the relevant time they all were working in the Detective Branch of Police. 25. P.Ws. 1, 2 and 3 were ......istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ......ssistant Attorney-General - For the State. Criminal Appeal No.3801 of 2004. Judgment M Enayetur Rahim J.- Convict Md. Delwar Hossain has preferred this appeal being aggrieved by the judgment and order dated 21-9-2004 passed by the Metropolitan Special Tribunal No.10, Dhaka in Metropolitan S......istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ..Category: Criminal Law | Date: | Hits: 128
Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
....4(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 3. The fact relevant for disposal of the rule, in short, is that the then Government through the Bureau of Anti ......of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ...... Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment May 18, 2010. Result: The rule is......7 million equivalent to Taka 447 crores and an agreement was signed on 11-3-1998. Daewoo Corporation was not a pre-qualified bidder and its bid did not contain 28 equipments mentioned in the tender documents. It was purchased despite not being qualified to consider as Frigate for lack of equipment..Category: Criminal Law | Date: | Hits: 106
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
.... Mr. Asaduzzaman further submits that the decisions relied on by Mr. Abdus Samad reported in 31 DLR (AD) 298, has no manner of application in the instant case because in that case in interpreting the relevant service rules as framed under the Bangladesh Bank Order, the Court found that an employee w......R (SC) 79; 31 DLR (AD) 298; State of UP Vs. Akbar Ali, AIR 1966 SC (1742); AIR 1961 (SC) (177); Muhammad Naseem Ahmed and others Vs. Miss Ayan Feroz Bakht & 58 others, 20 DLR (SC) 79; Express Newspapers LD Vs. Labour Court, Madras, AIR 1964 (SC) 806. Lawyers Involved: Abdus Samad, Advocate......Case is also Reported in: 48 DLR (HCD) (1996) 472. ...... party. It is only when the Managing Committee asked for a report that the Headmistress placed it before the Managing Committee. The plaintiff opposite party No.1 does not dispute the contents of the documents submitted by the Headmistress along with the report. What he emphasises is that the Head..Category: Employment/Service Law | Date: | Hits: 166
Dainik Janakantha Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity, 1997, 26 CLC (HCD)
....amity. 4. On the date of filing of the suit, plaintiffs filed an application for temporary as well as mandatory injunction and on the same date learned Subordinate Judge passed the impugned order, relevant portion thereof runs as follows: “ইতিমধ্যে গত ১৮/০২/৯৬......e impugned order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.118 of 1996 is set aside Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 470. ...... (1996) 470. ......e impugned order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.118 of 1996 is set aside Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 470. ..Category: Civil Law | Date: | Hits: 169
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....there is no any alternative to do the same for which Allah subhanatallah give us the provisions of Talak. The provisions of Talak elaborately discussed in sura Bakara and sura Talak. Now I quoted the relevant portion of the Quranic verse. In Sura Bakara verse 228 to 237 run as follows:— “Vers......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ......ul J Md. Nurul Islam………………. Petitioner Vs. Nur Ayesha Begum........... Opposite-Parties Judgment May 31, 2007. Result: The Rule is discharged. The impugned judgment and decree passed by the appellate Court is upheld with modification. Lawyers Involved: No one......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ..Category: Family Law | Date: | Hits: 202
....29‑9‑92 of the Court of Settlement passed in AP Case No. 43/90 (Ka‑177‑Mirpur, Dhaka). By that order the Court excluded the disputed property from (ka) schedule of the list prepared under the relevant provision of Ordinance No.54 of 1985. The petition is delayed by inordinate delay as mentio......n we need not embark on discussion on merit.
In the result, this petition is rejected on the ground of inordinate delay. No costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 502.
......High Court Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Mahfuzur Rahman J
People's Republic of Bangladesh, represented by the Secretary, Ministry of Housing and Works, Government of Bangladesh.......................Petitioner
Vs.
Chairman, Court of ......n we need not embark on discussion on merit.
In the result, this petition is rejected on the ground of inordinate delay. No costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 502.
..
Category: Limitation Law | Date: | Hits: 230
Eliadah McCord Vs. State, 1995, 24 CLC (HCD)
.... is a minor girl below the age of 16 years. On that understanding this suo motu Rule was issued to consider as to whether the girl was below 16 years or not and if she was found below 16 years at the relevant time, the Children Act of Bangladesh would be applicable and also to in as to whether the p......icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495.......s Case No. 2085 of 1995] Judgment August 9, 1995. Result: The appeal is allowed in part. Lawyers Involved: Obaidur Rahman Mostafa with Farid Ahmed, Syed Khalequzzaman, Bahreen Khan and Rezeen Taheer, Advocates ‑ For the Appellant. M. Shamsul Alam, Deputy Attorney General ‑ ......icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495...Category: Criminal Law | Date: | Hits: 162
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....possess the case land for long, but as bargadar. This P.W. very stoutly denied the suggestion of the pre-emptee that he raised the land and erected shop rooms in 1995. It would be better to quote the relevant portion of the cross-examination of P.W.3 which is as follows:– “সত্য নয়......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ...... Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Habibur Rahman Bhuiyan (Md.) and others..................Appellants Vs. Galman Begum and others………………………......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ..Category: Property Law | Date: | Hits: 138
Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)
....tor or any other officer, who, immediately before the coming into force of these Regulations had the authority to exercise the powers mentioned in those sub-regulations. 9. The petitioner at the relevant time was an Assistant General Manager of the Rupali Bank. The learned Advocate for the peti......erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ......s. Nazrul Islam Miah……………………………………………Respondent Judgment May 25, 1986. Result: The rule is discharged. Cases Referred to- Abdul Hannan Sikder and others Vs. Bangladesh Bank & others, 31 DLR (AD) 298; Bangladesh Freedom Fighters Welfar......erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ..Category: Labour and Industrial Law | Date: | Hits: 186
Elahi Bux Vs. State, 1986, 15 CLC (HCD)
....ows that the power of the Court to admit an appeal even after the expiry of period of limitation prescribed by the Special Law under section 5 remains." 11. In view of the above discussions of the relevant sections of the Limitation Act and the decisions noted above, we are unable to accept the p......e rendered by him to this Court. This application is, therefore, summarily rejected. Bimalendu Bikash Roy Choudhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 164. ......t February 16, 1986. Result: The Application is summarily rejected. Cases Referred to- Mustafa @ Mustofizur Rahman Vs. The State, 1985 BLD 335; Syed Mohamud Alam Vs. Syed Mehdi Hossain and others, PLD 1970 Lahore, 6; Chheda Lal Jain Vs. Officer, Commanding Station Mecrut Cantonment, A......e rendered by him to this Court. This application is, therefore, summarily rejected. Bimalendu Bikash Roy Choudhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 164. ..Category: Limitation Law | Date: | Hits: 222
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
....er lapse several months and when prosecution evidence was closed and during examination of accused under section 313 CrPC the circumstance reinforces the conclusion that confession was voluntary. The relevant observations of their Lordships appear at paragraph 49 which read thus: "Another circ...... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ...... ......nce which led to the murder of Shashanka and that he paid Azid Taka 15,000.00 for the help in murdering Shashanka. Accused Tajul further stated that before the murder of Shashanka he created 4 forged documents in respect of the entire property of Shashanka, two on 13th October, one on 14th October a..Category: Criminal Law | Date: | Hits: 139
Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)
....gation made in the Election Petition, recounting by the Tribunal cannot be held. In support of his contention he referred the case of Md. Shahajan Vs. Md. Sadeq and others reported in 38 DLR (AD) 275 relevant para 13, wherein their Lordships have held that: "In election cases, it is often found t......ite party along with others for a declaration that the election of the returned candidate namely; present petitioner of No.10 Tamta Union Parishad held on 3‑2‑92 as void after counting the ballot papers of 2 centres namely; Waruk High School Centre under Ward No.2 and Dopolla Janata High School ......96) 560. ......ion Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ..Category: Election Law | Date: | Hits: 273
Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)
....tory one, no appeal lay therefore under sub-section (4) of section 29 of the said Ordinance. 7. For correct appreciation of the points raised by the learned Advocate it is necessary to examine the relevant provisions of the Local Government (Union Parishads) Ordinance, 1983 and the Rules framed t......herefore, committed no error in passing the impugned order. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 140. ......J.- This rule at the instance of the petitioner calls in question an order dated 27.07.1986 passed by the learned District Judge, Pirojpur in Election Appeal No.1 of 1986 summarily rejecting the memorandum of appeal preferred against an order of the Election Tribunal for re-counting of ballots. ......herefore, committed no error in passing the impugned order. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 140. ..Category: Election Law | Date: | Hits: 309
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
.... the subsequent orders dated 23.7.94 and 30.7.1994 passed by him allowing time to the defendant for filing written statement and fixing the date of hearing of the suit respectively. 2. Short facts relevant for the dismissal of the Rule may be stated as follows: 3. The plaintiff petitioner inst......ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ...... absolute. Cases Referred to- Kokarmal Gurudayal Vs. Sagarmal Bengani, AIR 1972 (Calcutta) 430; Mohan Lal Vs. Om Prakash, AIR 1989 (Rajasthan) 132; Allied Bank of Pakistan Ltd. Vs. VC Khilnani and 2 others, PLD 1984 (Karachi) 127 (131); Fine Textile Mills Ltd. Karachi Vs. Haji Umar, 15 DLR (S......ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ..Category: Procedural Law | Date: | Hits: 125
Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)
....ted although there is no stay order against the release of the petitioner's goods. The petitioner served legal notice upon respondent No.1 for immediate release of the goods in question enclosing the relevant judgment but till today no step has yet been taken in this regard. At this stage the petiti...... 18. We have heard the learned counsel for the petitioner, the learned counsel for respondent Nos.4 and 5 at length and considered their submissions. We have also categorically perused the relevant papers annexed with the petition, affidavit-in-oppositions filed by the respondent Nos.4 and 5. At t...... Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emadadul Hoque J Super Oil Refinery Ltd………………........Petitioner Vs. Commissioner Customs and others…......................Respondents Judgment February 17, 2010. Result: The...... returned the same to the seller Walmar Trading (PTE) Ltd, bank OCBC Bank, Singapore vide letter contained in Memo No. JB/LDE/FEC/03 dated 11-8-2003 and informing the said discrepancy of the shipping documents through swift message. 3. Thereafter the seller Walmar Trading PTE Ltd. started looking..Category: Fiscal/Taxation Law | Date: | Hits: 172
....erable and that there are several vacant posts in the Trust of the grade and scale of the petitioner.
5. Mr. Md. Hannan, the learned Advocate appearing for the petitioner, has taken us through the relevant papers and the impugned order and submits that under Rule 7(1) of the Service Rules of the ......d that there are several vacant posts in the Trust of the grade and scale of the petitioner.
5. Mr. Md. Hannan, the learned Advocate appearing for the petitioner, has taken us through the relevant papers and the impugned order and submits that under Rule 7(1) of the Service Rules of the Banglades......l Jurisdiction)
Present:
Md. Abdul Jalil J
Kazi Ebadul Hoque J
Shamsuddin Ahmed alias Md. Shamsuddin………Petitioner.
Vs.
Managing Director, Bangladesh Mukti Juddha Kallyan Trust and others……..Respondents.
Judgment
August 13, 1992.
Result:
The Rule is made absolu......petition is declared to have been made without lawful authority. The respondents are directed to reinstate the petitioner in service.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 524.
..
Category: Employment/Service Law | Date: | Hits: 207
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ......rt of their claim. Further case of the plaintiffs is that after the respondent Nos.7 and 8 left Bangladesh for India the defendant Nos.1 ‑6 might have created some forged signatures upon some white papers to claim the suit property and if any such papers or documents appear to be created by or in ......ppellants. Abul Quasem, Advocate ‑For the Respondent No. 1. Appeal from Original Decree No. 102 of 1982. Judgment Kazi Ebadul Hoque J.- This appeal by the defendant Nos.1, 2 and 5 is directed against the judgment and decree dated 30.1.1982 passed by the Subordinate Judge, M......ter the respondent Nos.7 and 8 left Bangladesh for India the defendant Nos.1 ‑6 might have created some forged signatures upon some white papers to claim the suit property and if any such papers or documents appear to be created by or in the name of the pro forma defendant Nos.7 and 8 that will ha..Category: Property Law | Date: | Hits: 154
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