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Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)
....ourt in exercise of its jurisdiction under Article 102 of the constitution is called for. 4. The petition is, therefore, summarily rejected. The Tribunal No.1 of the Bar Council is directed to complete the enquiry against the petitioner Advocate under PO No.46 of 1972 as early as possible pre......inal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Majiruddin Ahmed, Advocate…………..Petitioner Vs. Chairman, Bangladesh Bar Council and others ..... Respondents Judgment April 30, 1991. Lawyers Involved: Majiruddin Ahme......e‑A. The petitioner took about Taka two lacs fifty thousand on various dates in connection with purchase of the said house from Fazlur Rahman Dhali. It is stated that there are litigations over the property including criminal case. Thereafter the respondent No.1 filed an application before the Sec......erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35...Category: Employment/Service Law | Date: | Hits: 94
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
.... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ...... Judgment Syed Fazle Ahmed J.- The rule which arose out of the application condonation of delay in preferring appeal was heard by the Bench comprising Mr. Justice Bimalendu Bikesh Roy Choudhury and Mr. Justice Abdul Hasib and as their Lordships failed to return an unanimous verdict, their Lord......elies. It is for the appellant‑petitioner to show that his conduct throughout the period between the date of impugned judgment and filing of the appeal has been of such a character that it would be proper to condone the period of delay that has occurred beyond the period of limitation and that app...... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ..Category: Procedural Law | Date: | Hits: 87
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ...... (Civil Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Sheikh Md. Shahidun Nabi................Petitioner Vs. University of Dhaka and others...................Respondents Judgment March 14, 1991. Cases Referred to- Was......f a student is the sole function of the University in accordance with the Rules and Regulations of the University. As the decision taken by the University Authority against the petitioner is just and proper and in accordance with law, the writ petition filed by the petitioner is not maintainable. ......in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ..Category: Others | Date: | Hits: 122
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ...... in: 45 DLR (HCD) (1993) 15. ......was heard by Subordinate Judge, 2nd Court Chittagong and on reappraisal of the evidence on record he could not concur with the view taken by the trial Court on the point of limitation and having made proper analysis of evidence came to the finding that pre‑emptor petitioner was not in the know of ......sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ..Category: Property Law | Date: | Hits: 72
....herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
......Court Division
(Civil Appellate Jurisdiction)
Present:
Kazi Ebadul Hoque J
Nasir Miah, Malik Nasir Soap Factory..............Petitioner
Vs.
Md. Anwar Hossain Executive Officer, Commander Soap Factory Ltd........Opposite party
Judgment
June 6, 1994.
Cases Referred To-
I......ayer for temporary injunction. The mistake pointed out by the learned Advocate for the appellant can be corrected at any stage of the suit by amending the cause title of the plaint. So it will not be proper to make any finding on the said question at the stage of the hearing interlocutory injunction......herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
..
Category: Intellectual Property Law | Date: | Hits: 224
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......ceipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ...... the Insurance Company, defendant No. 5. Defendant Nos.1-4 were also granted overdraft facilities against their pledged stock of goods covered by valuable securities, charge documents, title deeds of property, etc. and the said defendants drew the advance by cheque through different accounts maintai......d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ..Category: Civil Law | Date: | Hits: 92
.... Case. Their further case is that section 95A of the State Acquisition and Tenancy Act which came into operation in 1972 covers an out and out sale with an agreement for reconveyance to be treated as complete usufructuary mortgage for a period not exceeding 7 years and that the instant transaction i......
Moulavi Mohammad Wahidullah, Advocate-For the Respondent No.2.
Writ Petition No. 232 of 1985.
Judgment
Mahmudul Alam Choudhury J. - This Rule Nisi was issued calling upon Respondent Nos.1 and 2 to show cause as to why the decision dated 10.4.85 given by the respondent No.1 in ML Case No.......ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ..
Category: Property Law | Date: | Hits: 91
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....on, the constitutional requirement was that the promotion to the post of Joint Secretary from amongst the District Judges should have been made in consultation with the Supreme Court, the respondents completely ignored this mandatory constitutional provision and thereby acted ultra vires the Constit......ddin (Md.)....................................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of establishment, Government of the People’s Republic of Bangladesh and others………………….Respondents Judgment February 20, 1995. Cases Referred to-......dge superseding the petitioner relates to a dispute touching the terms and conditions of service of the petitioner who is a person in the service of the Republic so the Administrative Tribunal is the proper forum to seek redress of his grievances in view of Article 117 of the Constitution. It is als...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ..Category: Employment/Service Law | Date: | Hits: 173
....nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......
FKMA Munim CJ
Ruhul Islam J
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
Debishahar Agricultural & Fish Farming Co-operative Society Ltd………....Appellant
Vs.
Narayan Chandra Swarnakar & others…………..Respondents
Judgment
March 11, 1982.
Lawyers invo......ourt also took the view that in view of the provision of M.L.O. No.14 such order could not be passed.
3. It is unfortunate that the correct position was not visualised by the courts below from the proper angle. The plaintiff prayed for temporary injunction which was granted. His basis was that he......nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
..
Category: Procedural Law | Date: | Hits: 68
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ...... (1983) 51. ......rected against the judgment and order of the High Court Division in Civil Revision No.1122 of 1977. Facts are as follows: The appellants as plaintiffs instituted a suit for partition of the suit property by metes and bounds. It was decreed in preliminary contest on 29.4.1972. Thereafter, the pl......any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....entences of the High Court Division. The respective jurisdiction as being now exercised by the High Court Division and the Appellate Division shows the difference, because the High Court Division has completely ceased to exercise any jurisdiction conferred upon it under Articles 44 and 102 of the su......h & another.............Appellants Vs. Md. Salimullah............Respondent (In Civil Appeal No. 90 of 1981) And Bangladesh………….Petitioner Vs. Hamidul Huq Chowdhury and others..............Respondents (In Civil Petition Nos. 30 & 31 of 1982) And Syed Ali.......he Constitution of 1956 and was for that reason void and inoperative. In eight of these applications, viz, the cases out of which the appeals arose, the interest acquired by the Government related to property held in waqf and in them the notifications were attacked on the further ground that they we......sion during pendency of the appeals before the Appellate Division, although they became final on the disposal of the proceedings before the High Court Division, their finality is subject to the final adjudication of the question raised before the Appellate Division. Thus the entire matter start..Category: Constitutional Law | Date: | Hits: 181
Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)
....scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... Ed. This Case is also Reported in: ......the police personnel’s corroborated one another in proving the case and as such the appeal is liable to be dismissed. 13. Now let us see whether the learned Judge passed the impugned judgment on proper appreciation of the evidence adduced by the P.Ws. 14. Out of 11 prosecution witnesses, P.W......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......ellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Md. Wasiq Khan..……....Appellant Vs. Md. Sabiq Khan and others....…….Respondents Judgment July 5, 1978. Cases Referred to- 19 DLR (D......ng T.S. No. 344 of 1969 in the Court of Subordinate Judge, Dacca which was renumbered as T.S. No. 56 of 1972, on transfer to the 4th Court of Subordinate Judge, Dacca, for partition of the ejmali property described in the schedules of the plaint by metes and bounds against the co-sharers. 3....... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ..Category: Procedural Law | Date: | Hits: 80
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
.... first principle of interpretation. Judges are not at liberty to add to or take from or modify the letter of the law, simply because they have reason to believe that the true sententia legis is not completely or correctly expressed by it." 39. It is also to be noted that in ascertaining the int......sion (Civil) Present: Md. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Monjur Morshed Chowdhury (Md.) @ Monjur Morshed and others.........Appellants Vs. Haji Abul Kashem Sawdagar and another.............................Division concurrently held that the landlord failed to substantiate the same on assigning reasons therefore. The learned counsel for the appellants frankly concedes that those findings are based on proper appreciation of the evidence on record and confines his submission on the point of default in......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. .......17 acres, situated within the Barisal Municipality with a two-storied building, tinshed, Golpata hut, tank and other appurtenances. The plaintiff, Hemangini Dastidar, claimed to have purchased the properties Defendant 3 was a tenant in the premises. He instituted a suit being Title suit No. 72/ 6......pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ..Category: Property Law | Date: | Hits: 63
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
....he CCCI following their election. This Article read with Article 27(v) according to the petitioner means that the President shall retire on completion of term of office and the term of office will be completed on holding the AGM of the CCCI. Since no annual general meeting was held after the last el...... High Court Division (Special Original Jurisdiction) Present: KM Hasan J Khademul Islam Chowdhury J Kamaluddin Ahmed...............Petitioner Vs. Director of Trade Organisations and others................Respondents Judgment July 25, 2000. Case Referred To- Banglade......owdhury, along with some unknown persons, entered the Chamber House where the office of the CCCI is located and having physically occupied it, declared himself as the President. As a matter of fact a proper and lawful meeting of the Board of Directors was duly convened and held on 14-3-2000 and a re...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....tification was issued by the authority to the effect that counting at the university centres would start at 9-00 AM and continue till it ends. Thus instead of two days the counting was arranged to be completed in one day only, allowing the counting to continue well beyond midnight in the intimidatin......in: 52 DLR (2000) 650. ...... on 14th June 1999 after notification. Accordingly, when the election in Khulna, Jessore and Kushtia could not be held on 10th June, 1999 for unavoidable circumstances they were held on 14-6-99 under proper notification. It is stated that according for the unofficial results the votes cast outside D......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ..Category: Election Law | Date: | Hits: 105
Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
.... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ......y order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ......t Judge, Rajoir for Specific Performance of Contract on the basis of an unregistered kabala alleging that Gour Chand Halder, Guru Das Halder, Ruhi Das Halder and Bimala Devi proposed to sell the suit property to the father of the plaintiff Akhoy Kumar Halder at a price of Taka 250 and pursuant to th...... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ..Category: Property Law | Date: | Hits: 55
Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)
....the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......cellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Tamima Akhter (Mitu)…………………………………Petitioner Vs. The Deputy Commissioner, Joypurhat and others.…………Opposite parties Judgment March 21, 2011. Lawyers Involved: Zakir...... and not the exact date as indorsed in the application form which has been submitted by the father of the victim, the learned Magistrate is hereby further directed to proceed with the matter and take proper action against the person for that. However considering the forgoing discussion, we find n......the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 57
Mizanur Rahman Vs. State, 2011, 40 CLC (HCD)
.... relevant documents annexed to the application for bail and the impugned order. 7. In view of the submission of the learned advocate for the petitioner to the effect that the prosecution could not complete the further investigation of the case, we are of the view a time may be fixed to conclude t......arged on bail in G.R. Case No. 10 of 2010 arising out of Karanigonj P.S. Case No.10 dated 12.01.2010 under section 302/34/307 of the Penal Code, now pending before the Judicial Magistrate Court No. 3 and Amoli Adalat, Dhaka. 2. The petitioner was brought to the trial in a case under section 302/3...... investigation of the case, the learned concern court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ...... investigation of the case, the learned concern court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 67
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