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Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)

....urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28.......e judgments of both the Courts below. On my inquiry Mr. Awlad Ali very candidly states that the date on which the ex parte decree was passed was not fixed for hearing the suit ex parte. It is settled principle of law that unless the suit is fixed for hearing on particular date the Court is not empow......urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28...

Category: Procedural Law | Date: | Hits: 79

Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)

....ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ...... of temporary mandatory injunction by restoring status quo ante or rather the status quo between the parties as existed at the time of institution of the suit. According to the learned Advocate, this principle of law needs no citation. This eviction of plaintiff during the suit by the Deputy Commiss......chase the same and submitted quotation in April, 1981. The said quotation was opened on 14.5.81 and the plaintiff was informed vide letter dated 21.5.81 by the Jute Trading Corporation that his offer amounting to Taka 2,65,000/- for the purchase of the schedule property in the suit, he being the hig..

Category: Property Law | Date: | Hits: 389

Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)

.... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ......itled to vote in the election of the aforesaid thirty women members. 7. The provisions of Article 4 of PO No.17 of 1973 as substituted in 1986 shall have to be interpreted according to the general principle of Interpretation of the Statutes. The general rule of law upon the construction of all st...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ..

Category: Constitutional Law | Date: | Hits: 164

Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)

....hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......d. and others Vs. Assistant Collector of Customs and others, the Appellate Division after quoting the decision in the case of Shafiqur Rahman Vs. Certificate Officer, 29 DLR (SC) 232 observed: "In principle, where an alternative statutory remedy is available, an application under Article 102 may ......hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ..

Category: Criminal Law | Date: | Hits: 88

Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)

....h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370........1-4 con­tested the suit by filing a joint written statement. These defendants denied the material case of the plaintiffs and stated, inter-alia, that the suit is not maintainable as it is barred by principle of res-judicata. The positive case of the defendant Nos.1-4, in short, is that the suit pr......h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370...

Category: Property Law | Date: | Hits: 77

Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)

....t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ...... including the writ petitioners to appear in the second viva-voce examina­tion for 100 marks only. The High Court Division observed that the claim of writ petitioners cannot be said to barred by the principles of waiver since the then Care­taker Government had no authority to request the PSC to re......t and adequate number of candidates are found fit, the success­ful candidates acquired an indefeasi­ble right to be appointed which cannot be legitimately denied. Ordinarily the notification merely amounts to an invitation to qualified candidates to apply for recruitment and on their selection the..

Category: Constitutional Law | Date: | Hits: 247

Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)

....njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......ere is a prima facie case, it can grant an injunction. It is a discretionary power of the Court and should not be interfered with a revisional application however wrongly exercised. 8. The general principle regarding granting a temporary injunction, as stated above by the learned Advocate for the......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ..

Category: Property Law | Date: | Hits: 101

State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)

....be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......sha had complicity in the murder. The prosecution had given a go by to this willingly. We would not like to send the case on remand for the boy to be cross‑examined after being summoned as that may amount to filling up the lacuna of the prosecution case, illegally. 41. As to this negligence how..

Category: Criminal Law | Date: | Hits: 76

Mohsin Kabir (Rupan) Vs. Government of the People's Republic of Bangladesh and others, 1991, 20 CLC (HCD)

....ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 301. ......ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 301. ......ossession. Thereafter the petitioner deposited Tk. 34,242.25 by treasury chalan and an agreement for sale (Annexure‑C) was executed on 5.1.86 in which it was provided that he was to pay the balance amount within 5 (five) years by 5(five) instalments and, inter alia, provided Condition No.12 which ..

Category: Property Law | Date: | Hits: 86

Mahinuddin (Md) and others Vs. Controller of Examination, Dhaka University and others, 1991, 20 CLC (HCD)

.... lawful authority and the same are of no legal effect. In the result, both the Rules are made without however any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 292.......e against all the delinquent students. 15. The Supreme Court of Pakistan, in the case of Chief Commissioner Karachi Vs. Mrs. Dina Sohrah Katrak, reported in PLD 1959 (SC) 45 laid down as rule, the principle of natural justice, "Maxim: audi alteram partem" No man shall be condemned unheard" applie...... lawful authority and the same are of no legal effect. In the result, both the Rules are made without however any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 292...

Category: Others | Date: | Hits: 153

Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)

....de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......purpose of giving necessary relief." 17. Now the question arises as to whether the High Court will re‑open the closed matter and review its own judgment which was delivered on merit. The general principle of law does not justify such interference by the Court which passed the judgment and decre......eferred to by Mr. Foez Siddique, reported in PLD 1974 Karachi 339, it is held that: "Therefore, the invoking of inherent power could be futile and in the circumstances, as Byers, J. held, it would amount to assuming jurisdiction in the absence of specific provision. It is not correct to say as wa..

Category: Property Law | Date: | Hits: 90

Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)

....le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ......y evidence, particularly by paying rent to the Government; (iv) The learned Joint District Judge, without proper discussions of the evidence on record and being failed to conceive and consider the principle of acquisition of title by adverse possession has decreed the suit out of misconception of......le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ..

Category: Property Law | Date: | Hits: 74

Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)

....the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38.......s contended on behalf of the petitioner that the New Nation Printing Press is not the successor establishment of the New Nation Publications Ltd. This is a defence plea, which, as per well settled principle, is to be decided by evidence before the trial Court and it is not at all a ground for qu......the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38...

Category: Labour and Industrial Law | Date: | Hits: 147

Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......the impugned orders are ex-facie without lawful authority and of no legal effect. 7. Mr. Rokanuddin Mahmud next submits that the impugned orders are not sustainable in law, regard being had to the principles enunciated in the cases of Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzzaman, Deputy Direct......copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ..

Category: Anti-Corruption Laws | Date: | Hits: 200

Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20.......rgued, therefore, that the impugned notice was without jurisdiction. It is further contended that a copy of the inquiry report was not attached with the notice and hence the notice is in violation of principles of natural justice. 4. In a supplementary affidavit filed by the petitioner it is furt......ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20...

Category: Anti-Corruption Laws | Date: | Hits: 154

Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)

....after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ......allegations of lack of bona fide, recklessness and fraud are apparent on the face of the record and the same have been alleged and also argued on materials on record and as such I am of the view that principle laid down in that decision is not applicable in the present case inasmuch as the facts and......resent Mill will be at Tk. 200 crores. The Ex‑Managing Director has also given a chart vide Annexure‑3 showing approximate value of all the assets and properties of the Company‑in‑liquidation amounting to Tk. 198,31,08,116.00. Annexure‑3 of Affidavit of statements as to assets and liabilit..

Category: Company Law | Date: | Hits: 193

State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)

....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......e work of criminal Courts would no doubt be greatly simplified. The judicial duty is however to act in accordance with law, that is to say on evidence duly admitted and tested according to recognised principle." 37. In the case of Inayatullah and another Vs. State reported in 1966 PLD (Lah) 8. It......rdingly, we find accused Giasuddin, Abdul Awal Bhuiyan, Tenu, Moazzem Hossain, Almas, Abdur Razzak, Abdur Rahman @ Rahman guilty under section 304 Part 1 of the Penal Code for committing homicide not amounting to murder. As we have already observed the facts, circumstances and the evidence of the ca..

Category: Criminal Law | Date: | Hits: 111

Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)

....ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263....... and had framed a charge in view of that prima facie case, unless, it could be shown that the charge‑sheet on its face, even if believed, did not disclose any offence." Keeping in view the above principles in the matter of exercising power under section 561 A CrPC let us now consider the above ...... prosecution report Annexure‑C are accepted entirely as true, yet those do not constitute any offence under section 427 of the Penal Code and as such the continuation of the proceeding of this case amounts to an abuse of the process of the Court and the same therefore should be quashed. His next s..

Category: Criminal Law | Date: | Hits: 88

Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)

....suf­fer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314.......suf­fer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314.......suf­fer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314...

Category: Family Law | Date: | Hits: 185

Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)

....tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......ance of another sum of TK. 2,00,000.00 to facilitate purchasing of a flat by the defendant from Creative Properties Limited of 33, Mirpur Road, Dhaka and the plaintiff did not pay the said additional amount of earnest money which foiled the first object of the defen­dant for selling her property; t..

Category: Property Law | Date: | Hits: 112