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Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....on and submitted that even in the House of the Nation, the highest legislative body, thirty seats are reserved for women members. After elaborate and detailed arguments on the rights of women and the relevant constitutional provisions the learned Advocate concluded his submissions that pursuant to t......ons of our Constitution but also the Constitution of India and referred to Universal Declaration of Human Rights, 1948, the Convention on the Elimination of All Forms of Discrimination and many other papers and documents. They also brought to our notice the definition of the word discrimination in A......orted in: 57 DLR (HCD) (2005) 201. ......Constitution but also the Constitution of India and referred to Universal Declaration of Human Rights, 1948, the Convention on the Elimination of All Forms of Discrimination and many other papers and documents. They also brought to our notice the definition of the word discrimination in Article 1 of..Category: Constitutional Law | Date: | Hits: 443
Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....d Artha Rin Adalat, Bogra on 30-11-95 in Partition Suit No.149 of 1993 rejecting the prayer for transposition of the defendant-petitioners into the category of the plaintiff. 2. The short facts relevant are that, the opposite party No.1 and the opposite party Nos. 32 and 33 being plaintiffs in......rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......is Case is also Reported in: 51 DLR (HCD) (1999) 441. ......rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ..Category: Civil Law | Date: | Hits: 154
Moktar Ali Bepari Vs. State, 1997, 26 CLC (HCD)
....order to find out the answer to the above question, let us see what are the powers of the appellate Court. The powers are enumerated in section 423 of the Code. To appreciate the legal positions, the relevant positions of section 423 of the Code are reproduced below: “423. (1) (a)………â€...... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ......Advocates — For the Petitioner. None appears — For the Opposite Parties. Criminal Revision No. 1640 of 1993. Judgment Md. Hamidul Haque J.- This Rule is directed against the judgment and order passed by the learned Additional Sessions Judge, 1st Court, Tangail in Criminal Appeal No....... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ..Category: Criminal Law | Date: | Hits: 96
....va and Lalmonirhat Pourashava. In spite of this the Ministry of Home Affairs did not take any action and asked the petitioner to appear in the Home Ministry with his citizenship certificate and other relevant papers. The petitioner was thus put to a lot of difficulty by such requirements of the Home......lmonirhat Pourashava. In spite of this the Ministry of Home Affairs did not take any action and asked the petitioner to appear in the Home Ministry with his citizenship certificate and other relevant papers. The petitioner was thus put to a lot of difficulty by such requirements of the Home Ministry......ent:
Fazle Hussain Mohammad Habibur Rahman J
Abdul Hasib J
Abdul Qayum ................Petitioner.
Vs.
The Secretary, Ministry of Home Affairs, Government of Bangladesh and others................Respondents
Judgment
October 30, 1991.
Result:
Th......be declared to have been made without lawful authority. By the same Rule Memo. No.111 (Imn)/V dated 24.1.87 issued by the Home Ministry requesting the petitioner to produce citizenship and some other documents (Annexure‑F) was also impugned. This was, however, later on modified by a Rule issued on..
Category: Immigration and Citizenship Law | Date: | Hits: 178
Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)
....med. Vs. Anwar Ali and others, 16 DLR 336 in aid of his contention. 4. Mr. MI Farooqui, appearing on behalf of the Opposite Party, opposes the Rule on the ground that the forum of appeal at the relevant time was the High Court Division inasmuch as the appeal arises out of a suit valued at Tk. ......trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ...... Vs. Alimuddin ....................Opposite Party. Judgment April 18, 1990. Result: The Rule is made absolute. Cases Referred to- Mozaffar Ahmed Vs. Anwar Ali and others, 16 DLR 336; Colonial Sugar Refining Company Ltd. Vs. Irving (1905) AC 369; Vanugopal Red......trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ..Category: Procedural Law | Date: | Hits: 102
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....der No. IM-35/71-13 dated 26.12.71 was repealed, but under Article 6(2) thereof, notwithstanding the repeal all Notifications issued under the said Order shall be deemed to have been issued under the relevant provisions of Acting President's Order No.1 of 1972. When P.O. No.16 of 1972 was promulgate......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......Appeal No. 45 of 1993) Chairman, Sena Kalayan Sangstha……………………..Appellant (In Civil Appeal No. 86 of 1997) Vs. Haji Sufi Fazal Ahmed being dead his heirs: Mr. Nagar Mohiuddin and others………………………..Respondents (In both the appeals) Judgment May 25, 2004......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
....ay granted by this Court on 5-11‑97 passed in Writ Petition No.3285 of 1996 or such other or further order or orders passed as to this Court may seem and proper.” 2. The short facts relevant for the purpose of disposal of the Rule are that, the petitioner company took loan from Ban...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ......utomatic Rice Mills Ltd……………………………………….Petitioner Vs. Bangladesh Shilpa Rin Sangstha and others......................Respondents Judgment July 21, 2002. Result: The...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
.... confessing accused can be based on the said confession, even if it is retracted. In this connection for our guidance we may look to the case of Joygun Bibi Vs. the State, reported in 12 DLR (SC) 157 relevant page 159, para 9 wherein it has been held as under:- “The retraction of a confession i...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......ion (Criminal Appellate Jurisdiction) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J State……………………………………Petitioner Vs. Nazma Sarker @ Beauty and 3 others ............ Condemned-prisoners (In Death Reference No. 20 of 2008). Rokeya Begum &...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 98
Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308.......27, is to be recorded. 14. Now the moot question is whether the reason assigned by the Court below for production of additional evidence is a good reason within the meaning of rule 27. From the papers annexed, as also from paragraphs 34 and 35 of the petitioner’s application under section 11...... Jurisdiction) Present: ARM Amirul Islam Chowdhury J Abdul Hasib J Capital Properties Ltd…......Petitioner Vs. Government of the People's Republic of Bangladesh and others.........Opposite Parties Judgment July 3, 1991. Result: The Rule ......ral appearing for the defendant Government opposite parties, on the other hand, submitted that the order passed by the lower appellate Court directing production of additional evidence are all public documents concerning the subject matter of the suit and were not readily available at the time of th..Category: Procedural Law | Date: | Hits: 113
Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)
.... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ...... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ......al Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Selim Ullah Bahadur .........Petitioner Vs. The Election Commission and others .....................Respondents Judgment May 24, 1990. Result: ......esiding Officer was attached; that the Assistant Returning Officer, without entering the suit of that centre in form "Ta" for consolidation the report to the Returning Officer along with all material documents for necessary action; that the Officer forwarding the report of the Assistant Returning Of..Category: Election Law | Date: | Hits: 177
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....u from doing any act prejudicial to public safety and maintenance of public order and that the impugned order of detention was passed with lawful authority considering the situation prevailing in the relevant time. It is also denied by the respondents that the detenu was not given opportunity to par......stitution has been totally destroyed. He in fact introduced a system wherein election booths were seized, election officials were driven out from the centre and his workers after snatching the ballot papers, sealing them and inserting them into ballot boxes a false declaration was made as to such an......fizur Rahman ..........Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of BanglaÂdesh, Secretariat Building, Dhaka and others ……….Respondents. Judgment March 20, 1991. December 9, 1991. Resul......and the affidavitÂ-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...Category: Criminal Law | Date: | Hits: 113
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
....g of the Family Court, that no cruelty has been committed by her husband is based on total non‑consideration and misreading of evidence. He has taken me through the Judgment of the Court below. The relevant part of the Judgment of the Family Court as regards cruelty reads as follows: “১৯à...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......nal Jurisdiction) Present: Kazi AT Manowaruddin J Sheerin Alam Chowdhury............Petitioner Vs. Captain Shamsul Alam Chowdhury.................Opposite Party (In Criminal Nos. 3451 and 3474 of 1992) Captain Shamsul Alam Chowdhury................Petitioner Vs. Sheerin Ala...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ..Category: Family Law | Date: | Hits: 265
.... an inordinate and unexplained deÂlay in executing the order of this Court and also a toÂtal failure to obey this Court's orders in full. In conÂtempt matters the intention of the contemner is not relevant. It is the effect of the contemner’s action which is to be taken into consideration in de......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imÂprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
...... No.3 Mr. Shamsur Rahman, Deputy Inspector-General of Prisons, Nazimuddin Road, Dhaka CenÂtral Jail, Dhaka to show cause why he shall not be committed for Contempt of Court for willfully vioÂlating and disregarding the orders of this Court to reÂlease the detenu A.T. Kamruzzaman Syed passed on 16......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imÂprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
..
Category: Criminal Law | Date: | Hits: 124
Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)
....hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ......ward in Court within the auÂthority of the arbitrator as required under section 14 (2) of the Arbitration Act. He submits that in the present case neither the arbitrator has sent the award and other papers to the Court for making it a Rule of the Court and for passing a decree thereon nor the plain......€¦â€¦Petitioner Vs. Bangladash..............................Opposite Party Judgment May 25, 1989. Result: The Rule is discharged with costs. Cases Referred to- Muhammad Shafi and others Vs. MuÂhammad Sabir and others, PLD 1960 (Lahore) 591; AIR 1944 (Lahore) 398; AIR 1955 P......t of the fees and chargÂes due in respect of the arbitration and award and of the costs and charges of filÂing the award, cause the award or a signed copy of it, together with any depÂositions and documents which may have been taken and proved before them, to be filed in Court, and the Court shal..Category: Procedural Law | Date: | Hits: 93
....or defect of parties.
6. Mr. Sk. Abul Hossain, the learned Advocate appearing for the respondent submits that the legal questions raised by the learned Advocate for the apÂpellants are not at all relevant for the purpose of this case.
7. He further submits that on proper consideraÂtion of la......ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
......Reported in: 42 DLR (HCD) (1993) 45.
......ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
..
Category: Business or Commercial Law | Date: | Hits: 325
....ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
...... Martial Law.
12. In this view of the matter, we hold that the respondent No.1, the Principal Secretary, President's Secretariat, Old Sangsad Bhavan, Airport Road, DhaÂka be directed to place the papers in connection with the review application of the petitioner to the President for disposal of ......Jurisdiction)
Present:
Abdul Matin Khan Chowdhury J
Naimuddin Ahmed J
Mahtabuddin Ahmed.......................Petitioner
Vs.
The Principal Secretary, President's Secretariat, Dhaka and Others......Respondents
Judgment
November 14, 1989.
Result:
The order passed to revi...... immediate effect as per M.L.O. 9 of 1982. In this connection, Annexure ‘H’ containing the decision of the CMLA's Secretariat on the application for review may be referred to. The para 9 of these documents runs as follows:-
"The allegation/charges brought “against Mr. Ahmed are futile havin..
Category: Employment/Service Law | Date: | Hits: 209
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
....ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ......ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ......resent: Sheikh Abdul Awal J Hafez Mawlana Humayun Kabir, Director, Hazrat Abu Sidique (Rh) Madrasha, Purba Keroya, Raipur, Laishmipur ................ Defendant-petitioner. Vs. Md. Lokman and others ......................Plaintiff-opposite parties. Judgment March 1, 2012. Resul......(V of 1908); Order XLI, Rule 27 During pendency of the appeal the plaintiff-appellant-opposite parties did not file any application before the Court of appeal below for acceptance of the documents filed by them before the trial Court or made any oral prayer to accept the documents as ev..Category: Procedural Law | Date: | Hits: 113
....9. The learned Assistant Attorney-General could not show any case under sections 406/409 of the Penal Code pending for investigation against the petitioner before the Bureau of Anti-Corruption at the relevant time. On the other hand, there is specific averment in the writ petition that cases filed a......t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 457.
...... the purpose of investigation of offence under sections 403/406/408/409 etc. of the Penal Code as provided in proviso (a) to section 165 CrPC. Since in the impugned Memos no case number was mentioned and no allegation of offence or accusation was disclosed and there is also no mention whether the im......t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 457.
..
Category: Criminal Law | Date: | Hits: 305
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ained his books of accounts in accordance with the account method and submitted the same before the concerned Income Tax office at the time of submission of return and also the bank statement for the relevant time. 6. The petitioner has shown actual accounts in respect of expenses and income of t......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......rt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Abu Hena Mostafa Kamal & another…………………Petitioners Vs. Bangladesh and others…………………Respondents Judgment January 27, 2011. Result: The Rules ......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ..Category: Fiscal/Taxation Law | Date: | Hits: 167
AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)
....nd Appeal) Rules, 1985 should not be declared to have been made without lawful authority and of no legal effect. 2. Facts necessary to dispose of this Rule, in brief, is that the petitioner at the relevant time was serving in the District Nilphamari as Sanchaya Officer and a criminal case was sta......he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455.......nt: SAN Mominur Rahman J Md. Arayesuddin J AFM Hamidul Hoque...…………………………………………………………..Petitioner Vs. Director, National Savings Directorate and others……………….Respondents Judgment July 28, 2002. Result: The Rule is dis......he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455...Category: Employment/Service Law | Date: | Hits: 147
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