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Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....982 (Ordinance No. LIX of 1982) provides grounds as well as the procedure for the removal of a Chairman from his office as Upazila Chairman. In the present case the question of removal is not the relevant point for decision and hence it is not necessary for us to enter into discussion of the sam......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...........Respondents Judgment June 26, 1989. Result: The Rule is, accordingly, made absolute. Cases Referred to- 1981 BLD (AD) 196; Hye Bhuiya Vs. Secretary, Ministry of Local Govt. and Rural Development and others 1981 BLD (AD) 196; Abdur Rashid Versus Govt. of Bangladesh 32 DLR......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...Category: Others | Date: | Hits: 175
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
.... Nisi was issued on the same date. The Rule Nisi was made absolute by the Judgment and order of a Division Bench of this Court dated 15.12.88 and the detenu was directed to be released forthwith. The relevant portions of the judgment with regard to the grounds of detention dated 25.8.88 are as follo......judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......urisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Alam Ara Huq..................Petitioner Vs. The Govt. of Bangladesh, represented by the Secy., Ministry of Home Affairs and ors………………………………………….Respondents Judgment July 9, 1989. ......judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ..Category: Criminal Law | Date: | Hits: 107
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
....at the Court had now acquired the pecuniary jurisdiction to try the case. But in the facts and circumstances of the instant case it should be presented to a Court having pecuniary jurisdiction at the relevant time when the suit was filed and was beyond the jurisdiction of the Munsif. Now a question ...... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ......f the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ...... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....ted in 27 DLR 614. In that case it has been held that the "owner may be absent or whereabouts may not be known but if his family members or heirs, as the case may be, are present in Bangladesh on the relevant date, his property cannot be treated as an abandoned property." 9. I have heard the lear......r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......1.......s death Abdul Karim and Abdul Khaleque, the two sons of the deceased obtained nationality certificate vide Ext. 4 and they were granted succession certificate as the legal heirs vide Ext. 5 and those documents were accepted by the government without challenging them. 13. The trial Court upon cons..Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....wer or authority to any police officer to move the learned Sessions Judge ought to have been vigilant in guarding the legal sanctity and independence of the Courts. 11. So, on consideration of the relevant law and on hearing the learned Advocates of both the sides we hold that the direct filing o......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......CD) (1996) 158. ......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ..Category: Criminal Law | Date: | Hits: 99
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....to commission of dacoity. He stated that he was in the hospital for 2 days. 19. P.W.13 Majibul Huq is not an eye-witness and he did not go to the place of occurrence and his evidence is not at all relevant. 20. P.W.14 Abul Kalam Azad is also not an eye-witness. He was a man of other locality a......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. ...... Judgment Quzi Shafiuddin J.- Lokman Miah, the condemned‑prisoner (absconding) stood trial before the learned Additional Sessions Judge, Narayanganj under sections 326/302/307 of the Penal Code and he was found guilty under section 302 and also under section 307 of the Penal Code. The learned ......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)
.... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146....... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146....... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Kazi Ebadul Hoque J Md. Hamidul Haaque J Mozibul Huque …………………Petitioner Vs. State and Others……………..Opposite Party Judgment January 15, 1996. Result: The Rule is......y the Special Judge under the Criminal Law Amendment Act 1958. If the Magistrate or the Special Judge, as the case may be dose not discharge the accused on consideration of the record of the case and documents submitted therewith under section 241A of the Code and frames charge against the accused u..Category: Procedural Law | Date: | Hits: 99
Sultan Ahmed alias Sentu Vs. State, 1994, 23 CLC (HCD)
.... the learned Session Judge, Khulna in Session Case No. 53 of 1992. In respect of taking cognizance against the petitioner and issuance of warrant of arrest against him. 2. The following facts are relevant for the disposal of the rule. One Molla Younusur Rahman on 24.3.91 lodged a First Informati...... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143.......de of Criminal Procedure is directed against the order dated 25.7.92 passed by the learned Session Judge, Khulna in Session Case No. 53 of 1992. In respect of taking cognizance against the petitioner and issuance of warrant of arrest against him. 2. The following facts are relevant for the dispo...... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143...Category: Criminal Law | Date: | Hits: 92
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....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.......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.......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Abu Sayeed Ahammed J Baseruddin Pramanik (Md.)……………………………Petitioner Vs. Golapjan Bewa and others……………………………Opposite Parties Judgment July 1, 1995. Result: ......lf also have gone through the decision in the case of Province of East Pak Vs. Md. Hossain 16 DLR (SC) 667 (pars 23). It is held “If a transaction is entered into by more than one document both the documents should, in our opinion, be read together and their combined effect considered”. My consi..Category: Property Law | Date: | Hits: 89
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....d 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 impugned legislation, the relevant Articles of the Constitution, the averments made in the Writ Petition calling for a rule an......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. ......Case is also Reported in: 44 DLR (HCD) (1992) 354. ......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)
....974‑1980. In Exhibit D‑14, it appears that the rents in lump for the period from January, 1974 to April, 1979, were sent by a chalan. Apart from the said Exhibits, the deposition of D.W.1 is very relevant and important for consideration of the relationship of the plaintiff and the defendant. The......he suit holding; that Bhabani Prasad Saha was all along a resident of this country and he was never a resident of India; that the plaintiff never got the suit property by way of exchange and that the papers including the power of attorney in respect of the alleged exchange are forged; that the plain...... Judgment Muhammad Ansar Ali J.-This Rule issued at the instance of the defendant petitioner in an application under section 25 of the Small Cause Courts Act is directed against the judgment and decree dated 10.9.80 passed by Mr. Hassan Amin, Subordinate Judge and SCC Judge, Pabna in Small ......nd he has no bonafide requirement as alleged. Hence the suit is liable to be dismissed with Costs. 4. The plaintiff examined in all two witnesses including the postal peon and filed a number of documents including the registered deed of transfer of the suit property in his favour. The defendan..Category: Civil Law | Date: | Hits: 140
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
....uld 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 disposal of the Rule, is that the petitioner No.1 is the Chairman of the...... 7. Thereafter by a letter bearing Memo No. Sra:pa:/con/Misc.9/88/89 dated 4th February, 1990 the respondent No.1 informed the President/General Secretary of the Union, Respondent No.4 that the papers submitted by the Union in connection with the unfair labour practices were not the papers of ......ported in: 44 DLR (HCD) (1992) 582....... 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...Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......tioner Vs. The State .................Respondents Judgment September 24, 1992. Result: The rule is discharged. Cases Referred to- Abdul Kader Chowdhury and others Vs. State, 28 DLR (AD) 38; Abdul Ali and another Vs. State 30 DLR 58; Bangladesh Vs. Ten ......rruption Act, 1947. 9. Mr. Aminul Huq, the learned Attorney General appearing for the opposite party State, submits that from the reading of the FIR, charge sheet, charge framed and the other documents, such as the statement of witnesses recorded under section 161 CrPC and the alamats seized..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
.... Khatun Vs. Kutu Bewa disposed of by Single Bench, Dhaka. 6. In reply to this contention the learned Counsel for the Opposite Party has submitted that objection relating to the application for relevant and appropriate provision of law now being urged before the court for first time was not ......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....... This Case is also Reported in: 41 DLR (HCD) (1989) 519.......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)
....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.......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................Petitioner Vs. Firdous Ara @ Sara...................................Opposite Party Judgment April 18, 1989. Result: The Rule is made absolute. Cases Referred to- Imambandi Vs. Mutsaddi, ILR 45 Cal (P.C.) 878; Ahmed Nawazl and others Vs. The State, 20 DLR (WP), 45; Ba......ection 100 of the Code of Criminal Procedure for recovery of her minor son. The Chief Metropolitan Magistrate, Dhaka examined her on oath under section 200 of the Code of Criminal Procedure and the documents submitted by her and drew up proceeding under section 363 of the Penal Code and issued s..Category: Family Law | Date: | Hits: 255
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....cement of the award. On the contrary it appears to be quite clear to us that in the garb of a money suit this is a suit for enforcement of the award of the District Judge, Dhaka. We have quoted the relevant observations from various decisions of various jurisdictions of this subcontinent and we ......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....... Reported in: 41 DLR (HCD) (1989) 513.......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...Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....অন্তরবর্তীকালীন চলমান সুদ ও সুদ আদায় বাবদ ডিক্রি পান।” 4. The fact of the case, although are not so much relevant for disposal of this appeal, but for a reference, it appears that defendants was sanctioned......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. ......Mohiuddin Specialised Textile………………Defendant-Respondent Judgment August 18, 2009. Result: The appeal is allowed. Cases Referred to- Sonali Bank Vs. Quaderia Publications and Products Limited, 17 BLT (AD) 148; Sonali Bank Vs. Messrs Beg and Beg Jute Incorporated Ltd., 17......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. ..Category: Civil Law | Date: | Hits: 141
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....nsferred shall stand forfeited to the Government. Explanation.— Any wrong, incorrect or false statement made in the affidavit referred to in Article 4 or in the document of transfer or any other relevant document relating to the property shall be deemed to be a contravention of the provisions o......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......r Vs. Abu Yusuf Mridha………………Opposite Party Judgment November 20, 1997. Result: The Rule is discharged without any order as to costs. Case Referred to- Asadunnessa and others Vs. Kamruzzaman and others, 26 DLR 363. Lawyers Involved: Rafiqul Hossain on behal......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ..Category: Procedural Law | Date: | Hits: 129
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
....ty or charge has not been levied or has been short-levied or has been erroneously refunded, the person liable to pay any amount on that account shall be served with a notice within three years of the relevant date, requiring him to show cause why he should not pay the amount specified in the notice.......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......t High Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Iftikhar Rasool J Delicia Dairy Food Ltd……..........Petitioner Vs. Collector of Customs and others ………………….Respondent Judgment June 25, 1998. Result: The Rule is ......om) Plastic Sachets (Fleaxo pack) printed with the name of Delicia Dairy Foods Limited at the rate of US $ 41 per roll C&F, Chittagong, that after arrival of the goods petitioner submitted import documents in the office of the Customs Authority, Chittagong for assessment of customs duties on the..Category: Fiscal/Taxation Law | Date: | Hits: 189
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....lia, that the Bengal Tenancy Act, 1885 was repealed by the State Acquisition and Tenancy Act, 1951 and as such the remedy available under the repealed Act was not available to the petitioner at the relevant time and that though the application was also under Order 21, Rule 19 of the C.P.C. read wi......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......dus Miah, Advocate - For the Opposite Parties. Civil Revision No. 200 of 1984. Judgment MS Ali J.- This Rule under section 115 of the Code of Civil Procedure calls in question the judgment and order dated 31.5.84 passed by the Subordinate Judge, Lakshmipur in Misc. Appeal No.242 of 1980 d......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463...Category: Property Law | Date: | Hits: 106
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