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Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman ChowÂdhury and others, 1992, 21 CLC (HCD)
....tempt of Courts Act 1926 to take cognizance in respect of contempt of itself and contempt of courts subordinate to it. The instant application is not only under the Contempt of Courts Act, 1926 but also, under Article 108 of the Constitution of Bangladesh. Article 108 of the Constitution of Banglade......6 and on completion of the enquiry submitted his report to the Government of Bangladesh. The report of the Commission was published by the Government of Bangladesh. Thereafter, a press conference was called and the same took place at the National Press Club, Dhaka where it is alleged that opposite p......riginating Summons is issued, or some other appropriate step (such as the presentation of petition) is taken, to set the law in motion. It is not necessary that the case should have been set down for trial. Equally, it seems clear that proceedings are not pending before this time. This view is...... Jurisdiction) Present: ARM Amirul Islam Chowdhury J Md. Sirajul Islam J Dr. Md. Mahiuddin..............................Petitioner Vs. Dr. Hasanuzzaman ChowÂdhury and others ................................Opposite‑parties Judgment March 29, 1992. ..Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....Md. Abdul Mannan J Serajul Alam Khan……………...Petitioner Vs. State ……………..Opposite Party Judgment July 23, 1992. Result: The Rule is made absolute. Cases Referred To- Syeda Rezia Begum Vs. The People's Republic of Bangladesh, 40......of the country. While drawing the attention to the photo copy of the paper cuttings annexed with the counter‑affidavit as Annexure 'A’ the learned Counsel for the petitioner submits that the so‑called news is not based on facts and materials and, furtherÂmore, it is not disclosed as to whethe...... of detention. Although the aim and object of the detention is liable and the antecedent of the deteÂnu is extremely reproachable yet it is essential that if it is desired to detain a person without trial the authorities concerned should conform to the requirement of law. The shady antecedent of th......gladesh, 31 DLR (AD) 1; Rawshan Bejoya Shawkat Ali, 18 DLR (SC) 214; Mrs. Sajaeda Parveen Banu, 40 DLR (AD) 178. Lawyers Involved: Amir‑ul Islam with Mesbahuddin, Md. Ruhul Amin Bhuiyan and Enayet Hossain, AdvocatesÂFor the Petitioner. Amirul Kabir Chowdhury, Deputy Attorney Gen..Category: Criminal Law | Date: | Hits: 156
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
....nd 2 others as defendants. 3. The plaintiffs case is that the suit land origÂinally belonged to Sk. Munshi and Bahar Ali in 8 annas share each. After their death the land devolved upon their 3 sons and 2 daughters. The 3 sons are plaintiff Nos. 2 to 4 and two daughters are proforma defendant ...... whose suit has been dismissed for default, may apply for an order to set aside the dismissal and if he can satisfy the Court that there is sufficient cause for his non‑appearance when the suit was called for hearing, the Court may make an order setting aside the dismissal upon such terms as to co......tition. It thus appears that both the title suits (which were for the same cause of action in all respects) were pending at a time. According to section 10 of the CPC, no Court shall proceed with the trial of a suit if the subject matter is directly in issue in a previously instituted suit between t...... .........Opposite Parties Judgment March 13, 1991. Result: The Rule is discharged without any order for costs. Case Referred To- Haji Nurul Islam Vs. AshÂraf Ali and others, 30 DLR 215. Lawyers Involved: Miah Abdul Gafur with Abbasuddin Ahmed, Advoca..Category: Civil Law | Date: | Hits: 166
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....roperties described in schedule Ka to Uma in the plaint was originally owned and possessed by Jamarat Ali, who by registered deed of heba‑bil‑awaz transferred the entire land in favour of his 1st son Roushan Ali in the, year 1938, vide, Ext. 1. Jamarat Ali died leaving his son Roushan Ali by his......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......67 and contesting defendants am in possession thereof on the basis of purchase. 5. Both the parties led evidence. documentary and oral, in support of their respective contention and the learned trial Court on consideration of the evidence on record held that sale deed executed and registered b...... Abul Hossain Molla & others…………..Respondents. Judgment May 7, 1991. Result: The appeal is allowed. Case Referred To- Habibur Rahman Vs. Abdul Wadud and others, 21 DLR page 382. Lawyers Involved: Abdul Hamid Chowdhury, Advocate-For the A..Category: Property Law | Date: | Hits: 122
Abdul Aziz Vs. State, 1990, 29 CLC (HCD)
.... ground of inadequacy of sentence. 2. The informant on June 11th, 1985 lodged an FIR with the Sreebordi PS against the present Respondents including others on the accusation that over damage of some jute plants by cattle of the accused there was altercations between accused persons and decease...... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ......vestigation of the case the Investigating Officer, submitted charge sheet under sections 148/341/326/307/302/34 of the Penal Code against the accused persons. 4. The accused persons stood their trial before the trial Court who framed charge against all of them under sections 148/302/34 and cha....... No One ‑ For the Respondent. Criminal Appeal No. 49 of 1989. Judgment AM Mahmudur Rahman J.- This is an appeal at the instance of the informant from an order of conviction and sentence passed against the accused‑Respondents Jahangir Alam and Sarwar passed by the Session..Category: Criminal Law | Date: | Hits: 110
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
.... Pubali Bank Limited…….......Petitioner Vs. Ershad Ali Fakir and others ............Opposite Parties Judgment August 30, 1990. Result: The rules are made absolute. Cases Referred to- Md. Shahabuddin Vs. The Janata Bank, 41 DLR 94; Senior Manage...... principles enunciated in the Senior Manager, Dosta Textile Mills Ltd Vs. Sadhangsu Bikash Nath were correctly applied to the fact situation in Md. Shahabuddin Vs. The Janata Bank, 41 DLR 94. He also called in aid the rule that a later provision overrides an earlier one. 8. The Standing Orders......, Head Cashier, Grade‑1, Senior Clerk and Messengers in the Pubali Bank were then office‑bearers of the Pubali Bank Karmachari Sangsad which was a trade union of workers registered under the Industrial Relations Ordinance, 1969. All the Banks had a central body under the name and style "Banglade......urt High Court Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Pubali Bank Limited ............Petitioner Vs. Monsur Ali Akanda and others………….Opposite Parties Pubali Bank Limited…….......Petitioner ..Category: Labour and Industrial Law | Date: | Hits: 176
State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)
....ference is rejected. Lawyers Involved: Amirul Kabir Chowdhury, Deputy Attorney General ‑ For the State. Syed Ziaul Karim with Md. Khurshid Alam Khan, Advocates ‑ For the Condemned Prisoner. Death Reference No. 40 of 1991. Judgment Qazi Shafiuddin J.- This reference being De......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......essions Case No.42 of 1990 for confirmation of the death sentence passed upon the accused Abul Kalam Azad. The accused has been charged under sections 302/326/324 of the Penal Code for causing murder and grievous hurt as well as simple injury upon one Tofazzal Hossain Nanno Miah together with Sakhaw..Category: Criminal Law | Date: | Hits: 125
Liton Vs. State and others, 1995, 24 CLC (HCD)
....emplated by the Code of Criminal Procedure. 3. In view of this legal position the High Courts of our sub‑continent used to quash criminal proceedings Pending in the subordinate Courts where a person is being harassed by an illegal prosecution, or where there is manifest and patent injustice app...... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ......l prosecution, or where there is manifest and patent injustice apparent on the face of the proceedings or where the accusation or evidence on record does not justify a charge of any offence, or where trial is an abuse of the process of the Court. 4. In Bangladesh by the Law Reforms Ordinance of 1......) (1996) 102. ..Category: Procedural Law | Date: | Hits: 140
Bengal Steel Works Limited Vs. Registrar of Joint Stock Companies and Firms, 1995, 24 CLC (HCD)
....al general meeting could not be held as the balance sheet, profit and loss account was not ready to be laid before the company in the annual general meeting as required under Article 172 Article of Association of the company or even after the time was extended by the Registrar of Joint Stock Company......referred to as the Company, the company was incorporated as a public company on 4th March, 1963. It is stated by supplementary affidavit that the annual general meeting for the year 1994 could not be called within 30.9.94 for adoption of the Audited Accounts and balance sheet of the company for 1993......from drawing up this order and submit receipt of the same showing payment. The cost of the application will be borne by the company. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 101....... High Court Division (Civil Original Jurisdiction) Present: Mainur Reza Chowdhury J Bengal Steel Works Limited....................Plaintiff Vs. Registrar of Joint Stock Companies and Firms ..................Respondent Judgment November 23, 1995. Result: The applicati..Category: Company Law | Date: | Hits: 358
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....ent No.1. First Miscellaneous Appeal No.107 of 1994 Judgment Md. Mozammel Hoque J.- This First Miscellaneous Appeal, at the instance of Mr. SA Alim, President of the Joypurhat District Bar Association, is directed against the Judgment passed by the Bangladesh Bar Council Tribunal No.1 dated......must be an original document first. When an original document is substituted by, another fabricated document, or if a document is created by a fictitious person and not by a genuine person, it may be called a forgery. In the present case, we do not find any original resolution which was allegedly re......iled a false criminal case against him before the Magistrate, Joypurhat. Ultimately in that criminal case the complainant was convicted and sentenced to suffer five years’ rigorous imprisonment and trial was held in absentia. After hearing about the aforesaid conviction, the complainant voluntaril......ourt Division (Criminal Miscellaneous Jurisdiction) Present: Md. Mozammel Hoque J Md. Tafazzul Islam J SA Alim ..................................Appellant Vs. Dr. Md. Golam Nabi and another……………………………………….Respondents Judgment November 3, 199..Category: Others | Date: | Hits: 139
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
....sain Mohammad Ershad [former President Lieutenant General (Rtd.)]..............Petitioner Vs. State ............Opposite Party Judgment November 9, 1995. Result: The Rule is made absolute. Lawyers Involved: Khandker Mahbub Hossain with Golam Kibria, Md. Afzal Hossain, Md. Ha......been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ......ette dated 28.8.95 issued by the Ministry of Law, Justice and Parliamentary Affairs, establishing the Session Judges Court at the aforesaid building at Nazimuddin Road for holding its sitting and for trial of the Sessions Case No.256 of 1995 has been produced before this Court. The aforesaid Banglad......dent Lieutenant General (Rtd.)]..............Petitioner Vs. State ............Opposite Party Judgment November 9, 1995. Result: The Rule is made absolute. Lawyers Involved: Khandker Mahbub Hossain with Golam Kibria, Md. Afzal Hossain, Md. Harun‑or‑Rashid and Khurshida Bi..Category: Criminal Law | Date: | Hits: 121
Abdur Gafur Vs. State, 1995, 24 CLC (HCD)
....enal Code read with section 5(2) of the Anti‑Corruption Act of 1947 and section 2 of the Criminal Law Amendment Act, 1958. 3. It appears from the two petitioners of complaint that the accused persons in collusion with each other had misappropriated Union Parishad properties worth Taka 80,000.00......he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.......nd, prosecution means bringing specific accusation against the accused before the Court which, if satisfied, frames a formal charge and calls upon the accused to answer the same and proceeds with his trial. If no satisfactory ground for prosecuting the accused is found he is discharged by the Court.................opposite Party Anower Hossain................Petitioner Vs. State.......................opposite Party Judgment October 31, 1995. Result: Both the Rules are discharged and the orders of stay vacated. Case Referred to- Mohammed Ali Vs. State, 35 DLR (AD) 324. ..Category: Criminal Law | Date: | Hits: 112
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....…………………….....................Petitioner Vs. Chairman, 3rd Labour Court and another.....................Respondent Judgment July 20, 1986. Result: The Rule is made absolute. Cases Referred to- Vinayak Shreedhar Kulkarni Vs. Chintaman Vaman Kulkarni AIR 1938 (B......rt. 10. The Code of Civil Procedure provides for occasions when a Court may proceed ex-parte. Under Order IX, rule 6, where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, then if it is proved that the summons was duly served, the Court may proceed ......aman, is a clerk under the petitioner in the Finishing Department of Mill No.3. He instituted I.R.O. Case No.10 of 1985 in the Third Labour Court, Dhaka, respondent No.1, under section 34 of the Industrial Relations Ordinance, 1969, hereinÂafter referred to as the said Ordinance. His prayer was for......ginal Jurisdiction) Present: Mustafa Kamal J AM Mahmudur Rahman J M/s. Adamjee Jute Mills Ltd.…………………….....................Petitioner Vs. Chairman, 3rd Labour Court and another.....................Respondent Judgment July 20, 1986. Result: The Rule is ..Category: Procedural Law | Date: | Hits: 180
....sif, First Court, Patuakhali passed in Title Suit No.56 of 1969. It raises a short but important question as to the scope of section 9 of the Specific Relief Act.
2. One Gopal Chandra Dey, predecessor of the opposite parties sued the petitioners for a decree under section 9 of the Specific Relief......gards demolition of the structures raised by the defendants.
The Rule is accordingly disposed of. There shall be no order as to costs.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 8....... Defendant No.1 contested the suit by filing written statement. He denied the claim of the plaintiff and asserted that he had been in possession of the-property for the last 30 years.
4. After the trial the learned Munsif who heard the suit found that the plaintiff was in possession of the land i......nch)
(Civil Revisional Jurisdiction)
Present:
Bimalendu Bikash Roy Chowdhury J
Bisheswar Dutta beÂing dead his heirs No.1 (a) Bilasmani Datta…………Petitioner
Vs.
Sree Gopal Chandra Dey being dead his heirs No.1 (a) Harendra Chandra Dey & others ……………………â€..
Category: Property Law | Date: | Hits: 119
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
.... Dalia Parveen.................petitioner Vs. Bangladesh Biman Corporation and another...……………….Respondents Judgment July 19 & 20, 1995. Result: The Rule is made absolute. Cases Referred to- Secretary of the Air Craft Engineers of Bangladesh and another Vs.......der Article 102 of our Constitution. 2. The Rule arises out of the following facts: The petitioner, Dalia Parveen on September 3, 1981 joined the Bangladesh Biman Corporation, hereinafter shall be called the Corporation and on March 2, 1985 she was absorbed on permanent basis as an air Stewardess......n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132....... High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Dalia Parveen.................petitioner Vs. Bangladesh Biman Corporation and another...……………….Respondents Judgment July 19 & 20, 1995. Result: ..Category: Employment/Service Law | Date: | Hits: 361
....ision
(Special Original Jurisdiction)
Present:
Naimuddin Ahmed J
Md. Ruhul Amin J
Sheikh Roushan Ali...........Petitioner
Vs.
Board of Intermediate and Secondary Education, Jessore and others..........Respondent
Judgment
August 29, 1995.
Result:
The Rule is made......g Body which has been made the respondent No.3 in this Petition, by an order passed under the signature of the Principal of the said College under Memo No. 59‑6-139/80‑81 dated 20.10.81, has been called question.
2.The case of the petitioner is that he was appointed as a professor of Kapilmun...... at Annexure‑D (2) to the writ petition.
In the circumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121.......reme Court
High Court Division
(Special Original Jurisdiction)
Present:
Naimuddin Ahmed J
Md. Ruhul Amin J
Sheikh Roushan Ali...........Petitioner
Vs.
Board of Intermediate and Secondary Education, Jessore and others..........Respondent
Judgment
August 29, 1995.
..
Category: Employment/Service Law | Date: | Hits: 226
Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)
....ain and others..............Petitioners Vs. Dhaka Water Supply and Sewerage Authority & others............Respondents Judgment August 2, 1995. Result: The Rule is partly made absolute. Lawyers Involved: Khondker Mahbubuddin Ahmed, with Khondker AM Mohsenuddin, Advocates ...... Rule was obtained by five petitioners. But at the moment there are four petitioners before this Court since petitioner No.1 Munir Hossain died in October, 1991. In this Rule respondents have been called upon to show cause as to why order bearing Memo No.332 (Admn), dated 7.2.90 issued under the ......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121....... This Case is also Reported in: 48 DLR (HCD) (1996) 121...Category: Employment/Service Law | Date: | Hits: 191
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....e learned Judge, however, did not express his view although at the bar it was argued to have an opinion of the Court for the interpretation of Article 58(2) of the Constitution and he made the Rule absolute. Mr. Ruhul Amin, J, however, on examining the recorded of the case held that the charge frame......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......rge has been framed by the Court which the State cannot dispute. The prosecution in order to prove the case has to depend on the records and the documents which have already been submitted before the trial Court. The First Information Report, the charge sheet and the statement recorded under section......‑Party Judgment May 9, 1995. Result: The Rule is discharged. Cases Referred to- Jyoti Prokash Mitter Vs. Hon’ble Mr. Justice HK Bose, the Chief Justice the High Court, Calcutta and another, 1965 (SC) 961; State of Rajasthan and others Vs. Union of India, 1977 (SC) 1361; SP Gup..Category: Criminal Law | Date: | Hits: 111
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
.... Huda……………………………….Petitioner Vs. Bahar Uddin & others.....................................Respondents Judgment March 22, 1989. Result: The Rule is made absolute. Cases Referred to- Md. Mustafa Mondal Vs. The State, 35 DLR 362; Nazir Ahmed & ot......s as folÂlows:- "9. (1) The Government shall establish a Court of Sessions for every sessions division, and appoint a judge of such Court; and the Court of Sessions for Metropolitan Area shall be called the Metropolitan Court of Session." 35. Section 9(1) needs to be analysed a little closely......ional Sessions Judges. 7. Now, there was no difficulty in understandÂing that as from 21.8.82, the date of promulgation of Ordinance No. XXIV of 1982, the Sessions Judge can transfer any case for trial to an Assistant SesÂsions Judge, deeming him to have been appointed as an Additional Sessions......h 22, 1989. Result: The Rule is made absolute. Cases Referred to- Md. Mustafa Mondal Vs. The State, 35 DLR 362; Nazir Ahmed & others Vs. Yonus Miah & others, 36 DLR 93; Abu Taher and others Vs. Mst. Razia BeÂgum, 37 DLR 18; 36 DLR 93; Abdul Latif & others Vs. Nurjahan Begum..Category: Criminal Law | Date: | Hits: 158
Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)
.... & another............................Appellants Vs. Khoda Box Mollah & others..............................Respondents Judgment August 18, 1987. Result: The Rule is made absolute. Lawyers Involved: Miah Abdul Gafur, Advocate - For the Appellant. Mahmudul Islam w......servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ......converted it into a civil revisional case, we have continued to designate them so in the interest of uniformity. In the result, the Rule is made absolute, but without any order as to costs. The trial Court is directed to serve a copy of the Kabala deed to the appellants and proceed with the ex......s follows. The respondents instituted the aforesaid O.C. Suit No.73 of 1976 against the appellants for speÂcific performance of contract in the Court of Subordinate Judge, Pabna, who by his judgment and decree dated 30.9.77, was pleased to decree the suit on contest with costs. The appellants prefe..Category: Property Law | Date: | Hits: 140
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