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Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

....and in the instant case it being not a case of taking notice by this Court Suo motu or on the report of the lower court, but on the application of a party interested, the question of Court's inherent power of taking cognizance suo motu also would not arise. He has further submitted that in the insta......J Habibar Rahman Khan J Hussain Mohammad Ershad..............Petitioner Vs. The State ......................................Opposite Party. Judgment May 22, 1991. Cases Referred to- (1894) 1 QB 759; AIR 1966 (Mysore) 231); AIR 1940 Lahore 527); 37 CrLJ 1146, 40 CrJJ 803, AI......gland and intimating this desire of the accused to appoint a Senior Advocate and a Queen's Counsel he submitted an application before the Tribunal for time but this petition was rejected and PW 1 was called into the witness box and the Public Prosecutor started examining him in chief. This behaviour......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..

Category: Criminal Law | Date: | Hits: 73

Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)

....se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......zi Shafiuddin J Shaikh Baharul Islam...........................Appellant Vs. The State ...........................................Respondent. Judgment April 25, 1990. Cases Referred to- State of Behar Vs. Lat. Mahto, AIR 1955 Pat. 161; Abdus Saltar Vs. State, PLD 1979 Kar 72; B......fter Arun was taken to the court by the police. PW 8 Anwar Hossain Bhuiyan has stated that he went to Ramna PS on 25.10.86 and found injuries on various parts of the body of Arun and two persons physically lifted and carried Arun into a jeep (Gari) for the purpose of taking him to Court. The 3rd cha...... of the offenders has played. Once participation with common intention is established section 34 will at once be attracted. Prosecution must provide materials to show that there was pre‑concert, or meeting of minds to do thing other than the thing for which the common object was formed. There may ..

Category: Criminal Law | Date: | Hits: 87

Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)

....ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dis­missed Ed. This Case is also Reported in: VIII ADC (2011) 181. ......or Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record- For Respondent No.1. (In both the cases) Not represented-the Respondent Nos. 2-6. (In both the cases) Civil Petition for Leave to Appeal Nos. 2454-55 of 2009. (From the judgment and order dated the 2nd day of July, 2009 pass......ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dis­missed Ed. This Case is also Reported in: VIII ADC (2011) 181. ......der dated 29.09.2008 given under memo dated 29.09.2008 but to no avail. 3. The writ-respondents contested the case by filing written statement contending, inter-alia, that BCIC at its 1183th Board meeting held on 16.07.2008 supported the audit objection by the office memo dated 21.07.2008. 4. ..

Category: Employment/Service Law | Date: | Hits: 90

Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)

.... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ......ahajaban and others, 43 DLR 512; Waris and others Vs. State 1982 Pak. Cri. Law Journal 720. Lawyer Involved: ABM Golam Majid, Advocate ‑ For the appellants. Shah Azizur Rahman, Assistant Attorney General with AQ Rashid Ahmed, Advocate ‑For the State. Criminal Appeal No. 379 of 1986. ......ed this appeal. 7. Mr. ABM Golam Mojid, the learned Advocate appearing for the appellant, has submitted that the learned Sessions Judge had based his conviction of the accused appellants upon so‑called professional statement of accused appellant Nazrul and accused Kashem. He has submitted that ...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ..

Category: Criminal Law | Date: | Hits: 86

Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)

....ion and orders in this Rule. 12. It may be mentioned that in the instant case, the original lawyer of the petitioner was Mr. Rafiqul Huq appearing along with Mr. Abdur Razzaq but Mr. RafiquI Huq's power having been withdrawn by the petitioner in the middle and on the date when the matter was fixe......h and is directed against a letter being Memo No. Engg. 7/7‑624/92 dated 31st March, 1992 issued by the respondent No.2 namely, the General Manager, Engineering Department, Bangladesh Bank refusing to award the job of supply and installation of equipment for Central Air Conditioning System of Bang......the tender of respondent No.4 namely Aziz & Co. Ltd. in comparison to that of the petitioner company and that the BUET finally recommended the petitioner company to do the job and in the event of calling a fresh tender the public exchequer would lose an additional amount of Tk. 2 crores. 6. O......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...

Category: Others | Date: | Hits: 123

Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

....religious doctrines and beliefs and also acts done in performance of religion by some Judge. He then quoted verse 25 of Surah Al-Hadeed from the Holy Quran. And then he said, now-a-days, the party in power instead of estab­lishing the rule of law are using the Courts as instrument for political per......urendra Kumar Sinha J Md. Riaz Uddin Khan and another ……………..............Petitioners Vs. Mahmudur Rahman and others……………………………….Respondents Judgment October 11, 2010. Cases Referred To- The Queen Vs. Gray (1900) 2QB 36; E.M. Sankaran Namboodripa......on wherein it is pro­vided that "subject to a restriction" i.e. the Law of Contempt of Court. True, in the American constitution as well as in our Constitution the 'Freedom of press' has been specifically safe­guarded and enshrined whereas, it is totally absent in the Constitutions of India, Pakis......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ..

Category: Criminal Law | Date: | Hits: 124

Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)

.... 8.7.82 at page 2242. The above notification runs as follows: "Internal Resources Division Order Dacca, the 4th July, 1982 No. SRO 264‑L/82/IRD‑ 1‑ 129/82‑ST/352‑ in exercise of powers conferred under section 9(a) of the Stamp Act, 1899 (11 of 1899), the Government is pleased t...... Mozammel Hoque J Shoaib (Md.)........................................Petitioner Vs. Uttara Bank Ltd. and another. ................Respondents. Judgment June 3, 1990. Cases Referred to- Jobed Ali Sarker Vs. Dr. Sultan Ahmed, 26 DLR 303; United Manters and Traders Ltd. Vs. Md. M......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ...... shares in Uttara Bank Ltd. as per publication of the prospectus. On receipt of the above letter Uttara Bank informed the petitioner by its letter dated 15‑4‑84 that the Board of Directors in its meeting held on 7‑4‑84 decided that the persons to whom any share or shares were transferred may..

Category: Company Law | Date: | Hits: 175

Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

..... 10. The second ground taken by Mr. Chowdhury is that the respondent No. 1, or the Secretary, Ministry of Land Administration and Land Reforms or the Joint Secretary of the said Ministry is not empowered to pass the impugned order and in exercising the power with which they are not vested in law......Ali Akbar, Ad­vocates ‑For the Petitioner. Khandker Mahbubuddin Ahmed with MA Rouf, Mirza Hussain Haider, SM Monir, Advocates ‑ For the Respondent No. 4. Syed JR Modassir Hossain, Deputy Attorney General ‑ For the Respondent No. 1. Writ Petition No. 573 of 1987. Judgment Naimud......86/438/1(3) dated (Annexure 'J) whereby an application for review filed to the Government by the petitioner for reviewing the order contained in the memo first above mentioned was rejected, have been called in question. 2. The facts leading to this Writ Petition are somewhat lengthy. 3. It is ......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ..

Category: Property Law | Date: | Hits: 63

Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)

.... alternative remedy available against the order of dismissal of their objection under section 47 of the Code of Civil Procedure the petitioners, therefore, was entitled to take resort to the inherent power of the Court under section 151 of the Code of Civil Procedure for ends of justice. It is also ......Akram Hossain Amin, Advocate ‑ For the Opposite Parties. Civil Revision No. 513 of 1973. Judgment Bimalendu Bikash Roy Chowdhury J. - This Rule at the instance of some of the judgment‑debtors is directed against an order passed by the learned Munsif, Rajshahi rejecting an application un......7 of the Code of Civil Procedure. 6. The submission of the learned Advocate for the opposite parties is devoid of any merit. There appears to be nothing in the Code of Civil Procedure which specifically authorises a party to make a second application in the facts of the case. In the absence of an......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ..

Category: Procedural Law | Date: | Hits: 83

Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)

....nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......e Bhuiyan J Mainur Reza Chowdhury J Abdul Awal Mia (Md.).................Appellant Vs. Sonali Bank & others.................Respondents. Judgment May 28, 1990. Cases Referred to- Messers Chand Oil Mills Vs. Haji M Muhammad Zakaria & Co. & 2 others, PLD 1958 Kar. ......forming all the formalities such as making entries in the Vault Register, Cash Analysis Book, Balance Book, Cashier's Receipt Book, Cashier's Payment book and Manager's Cash Scroll Book and then physically verifying the Cash Book, signed the relevant registers and then the cash including the Cashier......nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201...

Category: Civil Law | Date: | Hits: 82

Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)

.... of their claim; thereafter Ram Krishna Saha Banik proposed to transfer the property to the plaintiffs for a consideration of Tk. 3,30,000.00 and accordingly the owner of the suit property executed a power of attorney in favour of Mahtabuddin Ahmed, father of the plaintiffs‑opposite parties and su......l of the rule may be stated as follows: The opposite party Nos. 1‑4 as plaintiffs instituted Title Suit No. 228 of 1986 in the 1st Court of the Subordinate Judge, Dhaka for declaration of title to the suit property and for permanent injunction restraining the defendants from treating the suit ......red to attend, and also whether his attendance is required for the purpose of giving evidence or to produce a document, or for both purposes; and any particular document, which the person summoned is called on to produce, shall be described in the summons with reasonable accuracy." Rule 8 "Eve......f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ..

Category: Property Law | Date: | Hits: 78

Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)

.... view of this proviso the Administrative Tribunal shall have no jurisdiction to entertain an application unless it is filed within six months of the impugned order. 7. The Govt. in exercise of its power under section 3 of the Act, established an Administrative Tribunal for the country effective f...... Deputy General Manager, Rupali Bank Ltd............Petitioner Vs. Shah Jalal and others.......................................Opposite‑Parties. Judgment May 15, 1990 Case Referred to- Md. Shahabuddin Vs. Janata Bank & others, 41 DLR 94. Lawyers Involved: Hemayetuddi...... the Administrative Tribunal would be incompetent to entertain any case unless it is filed before it within six months from the date of the impugned order and as in the instant suit the plaintiff has called in question the order of his termination which is dated 17.9.81, that is, 4 years before the ......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193...

Category: Employment/Service Law | Date: | Hits: 64

Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)

....2 with effect from 10.11.86 under the memo repealed section 7 of the Act the respondents could not remove any building by using force and they had to‑ apply to the Government for such removal. By empowering the respondents to remove any building or fill up any tank by using force under the newly s......ner. Ziaur Rahman Khan, Advocate ‑ For the Respondents. Writ Petition No. 524 of 1989. Judgment Kazi Ebadull Hoque J. - Rule Nisi was issued on 21.5.1989 in this case on the respondents to show cause as to why notice dated 18.5.1989 (Annexure‑D) issued by the respondent No. 2 should ......or the respondents that the petitioner has been using the land or the tin shed contrary to the scheme of land utilisation indicated in the Master Plan for the area in question. The petitioner categorically asserted in his reply that he .is not using the land or the tin shed in question in violation ...... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187...

Category: Property Law | Date: | Hits: 77

Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)

.... Reference Application pending our answers. 3. Mr. Rafiqul Huq, placing reliance upon section 161(4) of the Income Tax Ordinance, 1984, submits that this Court in exercise of its jurisdiction is empowered to pass an order staying realisation of the tax. Sub‑section (4) of section 161 reads: ......ion of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115....... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115....... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115...

Category: Fiscal/Taxation Law | Date: | Hits: 98

State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)

....ion 496 and section 497 envisages a person who is arrested and produced in Court or also 'appears before a Court' that is before the Court of first instance. 11. Section 498 of the Code however, empowers that High Court Division or the Court of Sessions, to direct 'any person be admitted to bail.......tra, 1996 (Cri) 198; State of Andhra Pradesh Vs. Bimal Krishon Kundu, AIR 1997 SC 3589; State Vs. Abdul Wahab Shah Chowdhury, 51 DLR (AD) 242. Lawyers Involved: Momtazuddin Fakir, Additional Attorney-General (with Akramul Haque, Assistant Attorney-General), instructed by Sufia Khatun, Advocat......s alleged in the FIR in brief are that at the dead of night at about 12-30 AM on 22-5-2010, while the victim Hafsa, the minor girl of the informant went out of her house with her mother to answer the call of nature, she was kidnapped by the accused-respondents, as such, a FIR was filed on 31-5-2010 ......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ..

Category: Criminal Law | Date: | Hits: 89

Moazzem Hossain Chowdhury (Md.) Vs. Bangladesh, 1990, 19 CLC (HCD)

....4. Mr. Syed Mokaddas Ali, the learned Assistant Attorney‑General, has opposed the Rule, but in view of the inclusion in the detention order as also in the grounds of some reason which is beyond the power of the District Magistrate, Satkhira, the vagueness of other grounds and the violation of sect......f Bangladesh and others.......................Respondents. Judgment August 15, 1990. Lawyers Involved: Sk. Atiar Rahman, Advocate ‑ For the Petitioner. Syed Mokaddas Ali, Assistant Attorney General ‑ For the Respondents. Writ Petition No. 41 of 1990. Judgment Abdul Hasib ......if he is not wanted in connection with any other case. The Rule is accordingly made absolute. Let this order be communicated at once. Ed. This Case is also Reported in: 43 DLR (1991) 186. ......if he is not wanted in connection with any other case. The Rule is accordingly made absolute. Let this order be communicated at once. Ed. This Case is also Reported in: 43 DLR (1991) 186. ..

Category: Constitutional Law | Date: | Hits: 172

Ghyas Siddique Vs. Bangladesh, 1990, 19 CLC (HCD)

.... the fact that the Government has rescinded the impugned order. 5. If the petitioner is so advised that the impugned order was a wrongful one, without lawful authority and a colourable exercise of power in bad faith then (as is done in the Western democratic world) there is nothing to prevent him......¦â€¦â€¦â€¦â€¦.....................................Petitioner Vs. Bangladesh, represented by the Secretary of Home Affairs............Respondent. Judgment April 17, 1990. Cases Referred to- Dr. Nurul Islam Vs. Bangladesh 33 DLR (AD) 201; State of Bihar Vs. Rai Bahadur Hurdut Roy ......‑For the Respondent. Writ Petition No. 1794 of 1989. Judgment Fazle Hussain Mohammad Habibur Rahman J. - In this case Rule Nisi was issued on 14.12.89 under Article 102 of the Constitution calling upon the respondent, Government in the Ministry of Home Affairs to show cause why the impugn......ngful detention and was not a case directly on the question of validity of the order passed by the Home Secretary Sir John Anderson detaining detenu, Liversiege (who was said to have attended several meetings held by Mosley, Leader of the British Fascist party). In the said case the House of Lords b..

Category: Criminal Law | Date: | Hits: 71

Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)

....e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......Mrs. Sufia Khatun, Advocate-On-Record- For the Petitioner. Syed Mahbubar Rahman, Advocate-On-Record-For the Respondent No.1. Not Represented-the Respondent Nos.2-5. Civil Petition for Leave to Appeal No.1841 of 2009. Judgment Md. Muzammel Hossain J. - This petition for leave to appea......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ..

Category: Employment/Service Law | Date: | Hits: 175

Anwar Hossain Majhi Vs. Government of Bangla­desh & others, 1989, 18 CLC (HCD)

.... view of the fact that the same does not manifest the application of mind of the Government in the formation of its opinion that due to initiation of the aforementioned criminal cases the exercise of powers by the petitioner as Chairman of the Upazila Parishad would likely be prejudicial to the inte...... J Anwar Hossain Majhi.....................................Petitioner Vs. Government of Bangla­desh & others...............Respondent. Judgment December 5, 1989. Cases Referred to- 1981 BLD (AD) 196 Md. Abdul Hai Bhuiyan Vs. Secretary, Ministry of Local Government, Rural D......la Parishad, within the District Shariatpur obtained this Rule Nisi on 15.10.89, under Article 102 (presumably under sub‑article (2)(a)(1) of the Constitution of the People's Republic of Bangladesh calling in question the legality and propriety of the Notification সারক নং শা-উপ......allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155...

Category: Election Law | Date: | Hits: 121

Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)

.... shall pass an order stating the reasons thereof either rejecting the application or allowing it wholly or in part. It, therefore, appears from the above provisions that the prescribed authority is empowered to give a finding whether a certain property declared as abandoned property is actually aban............................................ Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works and others.......Respondents. Judgment August 20, 1990. Cases Referred to- 16 DLR (SC) 453, 17 DLR (SC) 457, 14 CWN 31; 87 CIJ 217. Lawyers Involved: MI Farooqu......desh on 17.4.85 refusing to release certain properties from the list of abandoned properties which has been earlier declared as abandoned property under the President's Order No. 16 of 1972, has been called in question with a further prayer for directing the respondents to release the said property ......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ..

Category: Property Law | Date: | Hits: 78