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Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....Attorney-General - For the Respondents No.1-3. First Appeal No.85 of 2004 with Civil Rule No. 171(f) of 2004. Judgment Borhanuddin J.- This appeal is directed against the judgment and decree dated 21-3-2004 passed by the learned Joint District Judge, Additional Court, Narayanganj, in Title ......viting objections from all persons interested in the holding and shall consider any objections that may be submitted to him within the period specified in that behalf in the notice and shall record a decision. (4) Any person aggrieved by an order passed by the Revenue-officer under subÂsection (..Category: Property Law | Date: | Hits: 147
Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....s issued calling upon the respondent to show cause why the proceeding in the Certificate Case No.Shilpa-1/86-87 pending before the General Certificate Officer (Respondent No.1). Sylhet and the notice dated 29.2.88 issued by respondent No.1 in the aforesaid Certificate case should not be declared to ......hat non-signing of the certificate to that effect was an irregularity and for that reason alone the proceeding cannot be struck off. The learned Deputy Attorney-General, of course, could not cite any decision in support of his submission. 11. Section 4 of the P.D.R. Act provides for filing of the..Category: Civil Law | Date: | Hits: 171
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....or the OpÂposite Parties. Civil Revision No.74 of 1986. Judgment Muhammad Ansar J. - The Rule issued at the instance of the plaintiff-petitioners is directed against the judgment and order dated 28.12.85 passed by Mr. Md. Shamsher Ali, Subordinate Judge, Kushtia in Misc. Appeal No.11 of 1...... Court in exercising its power under section 115(1) of the C.P.C. can even suo motu interfere into an ilÂlegal order in the interest of justice and correct the same. This view finds support from the decisions reÂported in 26 DLR (AD) 1 and 38 DLR (AD) 33 as cited by the learned Advocate for the pe..Category: Procedural Law | Date: | Hits: 174
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....ereunder and sentenced to suffer R/I for 14 years by the learned Special Tribunal, Barguna in Special Powers Act Case No.20 of 1990 arising out of GR Case No.8 of 1990 (Bamna) vide Judgment and order dated 25‑7‑1991. 3. The prosecution case as stated on the basis of the First Information Repo......in, the learned Advocate for the appellant, as to his contention regarding non‑applicability of section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance 1983 in this case, has relied on a decision in the case of Firoza Begum Vs. Harmuz Ali and another reported in 40 DLR 161, wherein it h..Category: Criminal Law | Date: | Hits: 135
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....€‘ For the Opposite Parties. Civil Revision No.556 of 1988 (Rangpur) Civil Revision No.7765 of 1991 (Dhaka) Judgment Abu Sayeed Ahammed J.- Rule was issued against the Judgment and decree dated 27.8.88 passed by the District Judge, Thakurgaon in OC Appeal 23 of 1986 allowing the appeal a......f compromise. But no paper is produced showing if really any compromise was arrived at. 6. Mr. Fazlul Karim, the learned Advocate for the petitioner, also could not satisfy me by citing any law or decision that even a relinquishment which is claimed in the instant suit by the plaintiff to have be..Category: Property Law | Date: | Hits: 123
Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....u is engaged in transferring forÂeign exchange abroad through illegal means and illeÂgal purposes and the establishment of M/S. Innex (Private) Limited of the detenu through its indent of different dates of the year 1986 through M/s. Excellcion Enterprise imported some boxes in which 29 bags of Po......ty between the prejudicial activities and the passing of the detention order, the detention order suffers from legal infirmity and the same must be set aside. The learned Advocate has also cited some decisions of Indian jurisdiction in support of his argument. The learned Advocate further submits th..Category: Criminal Law | Date: | Hits: 109
Abdus Satter Bhuiya Vs. Deputy Commissioner Dhaka & Others, 1988, 17 CLC (HCD)
.... 1988. Judgment Mahmudul Amin Chowdhury J.- This is an application under section 561A of the Code of Criminal Procedure preferred for quashing the proÂceedings of D.A.B. Non F.I.R. Case No.717 dated 6.8.86 and D.A.B.G.R. No.76 of 1986 under secÂtion 175 of the Penal Code. 2. The petitione......nd there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summariÂly. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ..Category: Procedural Law | Date: | Hits: 118
Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
....vision Case No.23 of 1988. Judgment Nurul Huque Bhuiyan J. - In this Rule under section 25 of the Small Causes Court Act I am invited to examine the legality of the Judgment and decree dated 27.12.87 passed by the learned Assistant Judge and Small Cause Court Judge in Small Causes Cou......ellant must be held to be defaulters within the meaning of the terms used in sub-section (S) of section 18 of the Ordinance." 16. In 40 DLR (AD) 89 the Appellate Division by a majority decision has held: "under the Premises Rent Control Ordinance a tenant is under an obligat..Category: Tenancy Law | Date: | Hits: 214
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
....in-shed attached to his house. The said goods were seized by the police but no valid papers could be shown by the inmates of the house of the accused petitioner. The case bearing Kotwali PS Case No.9 dated 15.8.88 (G.R. No.149 of 1988) was regisÂtered and started against the accused petitioner unde......basis of the power as contained in section 27(1) of the Special Powers Act." 14. Thus from the provisions of section 27(1) of the Special Powers Act and the principle laid down in the above quoted decisions it is clear and unÂdisputed that the Special Tribunal has the power and jurisdiction to e..Category: Criminal Law | Date: | Hits: 103
Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....607 of 1985. Judgment Md. Mozammel Hoque J. - In this Rule issued under section 115 of the Code of Civil Procedure the opposite party was directed to show cause as to why the judgment and order dated 25.8.85 passed in Miscellaneous Case No.66 of 1985 by the ComÂmercial Court No.II and Subordi......cannot be stayed. Besides the Miscellaneous Case has been filed after obtaining permission from the Court. The petitioner has not objected to the same. Mr. T. Islam has also relied upon the aforesaid decision of the Appellate DiviÂsion. 8. The above cited decision relates to an anothÂer case fo..Category: Civil Law | Date: | Hits: 119
Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)
.....K.M. Shamsul Karim, Assistant Attorney General with S.B. Barua, Advocate-For the State. Criminal Revision No.16 of 1988. Judgment Latifur Rahman J. - This Rule is directed against the order dated 13.12.87 passed by the SesÂsions Judge, Tangail in Sessions Case No.136 of 1986 under section...... of the State. 8. The learned Advocate for the petitioners adÂmits that application can be filed by the Public ProsÂecutor, but he argues that he cannot file such appliÂcation unless there is a decision by the Government for such revival of a case. The section itself does not speak of any grou..Category: Procedural Law | Date: | Hits: 143
Taslima Begum @ Anguri and another Vs. State, 1989, 18 CLC (HCD)
....reÂcovered one 1.32 bore Revolver and 3 rounds ammuÂnition, one chapate, 23" long, one 13" long knife and one round of ammunition. Police investigated into the case and submitted charge sheet No.10 dated 14.1.89 and forwarded the charge-sheet to the Court of the Magistrate on 15.2.89. Thereafter t......he Special Powers Act the authority to take cognizance vests in Special Tribunal alone. In such circumstances, we find no legal ground for quashing the proceeding. The learned Advocate has cited some decisions but theirbeing related to cases, of taking cognizance by a Magistrate are not relevant for..Category: Criminal Law | Date: | Hits: 84
Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
....fact relevant for disposal of the rule, in short, is that the then Government through the Bureau of Anti Corruption lodged FIR with Tejgaon Police Station upon which Tejgaon Police Station Case No.34 dated 7-8-2002 under sections 409/418/109 of the Penal Code read with section 5(2) of the Prevention......its purchase policy floated International Tender for such purchase. CSTC, China bid for supply of F22B Frigate was the lowest in the tender floated in 1995-96, but without showing any justification a decision to purchase frigate from Daewoo Corporation of South Korea was taken on the basis of a summ..Category: Criminal Law | Date: | Hits: 106
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
.... Revision No.1406 of 1990. Judgment Syed Amirul Islam J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against the Judgment and decree dated 19‑5‑1990 passed by the Subordinate Judge, Rajshahi in Title Appeal No.66 of 1989 allowing......ttee on consideration of the same vide their resolution dated 30‑9‑85 did not rind the plaintiff suitable for the post and decided to extend the period of probation for another 2 months. The said decision was communicated to the plaintiff vide letter dated 11‑5‑1985, that is Exhibit "Cha". T..Category: Employment/Service Law | Date: | Hits: 166
Dainik Janakantha Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity, 1997, 26 CLC (HCD)
....rim, Md. Khurshid Alam Khan and Abdul Jalil Gazi, Advocates ‑ For the Opposite Party. Civil Revision No.1469 of 1996. Judgment Md. Gholam Rabbani J.- This Rule is directed against an order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka, in Title Suit No.118 of ......tter in its proper perspective. In view of our discussion as above we find that the learned Subordinate Judge committed error of law in passing the impugned order thereby resulting in an error in the decision occasioning failure of justice. The impugned order cannot be maintained. In the result, ..Category: Civil Law | Date: | Hits: 169
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....ers Involved: No one appears. Civil Revision No.1293 of 1996. Judgment SM Emdadul J.- The Rule was issued calling upon the opposite parties to show cause as to why the judgment and decree dated 4-11-1995 passed by the Subordinate Judge and 3rd Artha Rin Adalat, Chittagong in Family Appea......rdingly notified and a date of hearing was fixed on 19-6-92 and on the said day the matter was heard in presence of both the parties and the conciliation council permitted him to marry again in their decision dated 22-6-1992. Defendant further claimed that the demand of plaintiff already paid by the..Category: Family Law | Date: | Hits: 202
Eliadah McCord Vs. State, 1995, 24 CLC (HCD)
....t to be dealt with in accordance with law and why her detention should not be declared illegal. 2. This appeal, namely, Criminal Appeal No.1664 of 1993, is directed against the Judgment and order dated 13‑7‑91 passed by the Additional District and Sessions Judge, 2nd Court, Dhaka, convicting......icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495...Category: Criminal Law | Date: | Hits: 162
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....nior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1. None appears—For Respondent Nos.2 (a)-3. Civil Appeal No.191 of 2005. (From the judgment and order dated 25-1-2003 passed by the High Court Division in Civil Revision No. 5935 of 2000.) Judgment ......o sit on appeal over a finding of fact. It is concerned with the questions as to whether the appellate Court in giving a particular finding has committed any error of law resulting in an error in the decision occasioning failure of justice or such finding is found to have resulted from glarÂing mis..Category: Property Law | Date: | Hits: 138
Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)
....ir duties, the plaÂintiff respondents on 24.09.1981 went to resume their duties, but the defendant-petitioner did not allow them to join on the ground that their services were terminated by an order dated 17.09.1981 passed by him. It was the contention of the plaintiffs that the order of terminatio......st the employee it he has any grievance against him. In that case question was raised whether the respondent of that case was a 'worÂker' within the meaning of section 2 (v) of the aforesaid Act. No decision on this point was, however, given as the petitioner did not raise that question before the ..Category: Labour and Industrial Law | Date: | Hits: 186
Elahi Bux Vs. State, 1986, 15 CLC (HCD)
....aliluddin Ahmed J. - This is an application under section 5 of the Limitation Act for condonation of delay in filing an appeal under section 30 of the Special Powers Act, 1974. By judgment and order, dated 23.11.1985, passÂed by the Special Tribunal, 2nd Court, Rangpur in Special Tribunal Case No.3......pecial law and other provisions including section 5 of the Limitation Act are not applicable unless those are made specifically applicable by the special law. This view finds support from a number of decisions of Indo-Pakistan Sub-continent. In the case of Syed Mahmud Alam Vs. Syed Mehdi Hussain and..Category: Limitation Law | Date: | Hits: 222
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