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Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)
....e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......onvicting and sentencing the accused under sections 279/304B of the Penal Code and, such, there is no scope to interfere with the impugned order of conviction and sentence while exercising revisional power. 12. In view of the fact that this is a very old case, I am inclined to take it up for disp......¦â€¦Petitioner Vs. State………………………….Opposite Party Judgment January 26, 2000. Lawyers Involved: Not represented—the Petitioner. FKM Ahsan Mahbub, Assistant Attorney-General—For the State. Criminal Revision No. 647 of 1993. Judgment Gour Gopal Saha......ne) year and 6 months and to pay a fine of Taka 1000.00 and the sentences are to run consecutively are maintained. 28. Accused petitioner Jamal Uddin alias Md. Jamal Uddin who is currently on bail granted by this Court, is directed to immediately surrender to his bail bonds to serve out the remai..Category: Criminal Law | Date: | Hits: 37
A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)
....is absent on the date to which the case is posted. It appears that the present case was fixed for the complainant on the date, however, the power to dismiss the case for absence of the complainant is discretionary and the Magistrate who passes such order must exercise it judicially and reasonably an......he case and this section applies only where the complainant is absent on the date to which the case is posted. It appears that the present case was fixed for the complainant on the date, however, the power to dismiss the case for absence of the complainant is discretionary and the Magistrate who pas......tions 406/420 of the Penal Code. The learned Magistrate on receipt of the said petition of complaint examined the complainant-appellant under section 200 of the Code of Criminal Procedure and sent it to Thana Statistical Officer for inquiry and report fixing 19-8-93. Subsequently, the learned Magist......end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329...Category: Criminal Law | Date: | Hits: 63
Babar Hossain Vs. State, 2000, 29 CLC (HCD)
.... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ......rfectly justified in convicting and sentencing the accused petitioner in accordance with law and, as such, the impugned judgment and order call for no interference by this Court exercising revisional power under section 439 of the Code of Criminal Procedure. 11. The learned Advocate for the petit......State…………………………………….Opposite Party Judgment January 26, 2000. Lawyers Involved: Shahnaz Hoque, Advocate—For the Petitioner. FKM Ahsan Mahbub, Assistant Attorney General—For the State. Criminal Revision No. 1372 of 1992. Judgment Gour Gopal Sah...... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ..Category: Criminal Law | Date: | Hits: 58
....es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 299.
......onduct vide BJMC proceedings BI:ma-214 (HO)/139 dated 4-3-97(Annexure-A) on the allegation of neglect of duty for selling of Football team at Taka 3,10,000.00 by cheating and forgery and by misuse of power and misappropriation of the same instead of depositing in the account of BJMC which constitute......ar Khan J
Golam Mostafa (Md.) and 2 others ………..Petitioners
Vs.
Bangladesh Jute Mills Corporation and others..................Respondent
Judgment
July 11, 1999.
Cases Referred to-
Malik Afzal Hossain Vs. Bangladesh Jute Mills Corporation and others 18 BLD (AD) 686; Md. Tor......es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 299.
..
Category: Employment/Service Law | Date: | Hits: 87
....ranted at the time of issuance of the Rule stands vacated.
Let a copy of this judgment be sent to the concerned Court below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
......ted. The learned Advocate for the sole opposite party is present in the Court to oppose the Rule. Since the Rule has arisen out of an application under section 115 of the Code of Civil Procedure, the power to be exercised by the High Court Division is supervisory which may, also, be exercised suo mo......or the Opposite Party.
Civil Revision No. 95 of 1999.
Judgment
AK Badrul Huq J. - This Rule arising out of an application under section 115 of the Code of Civil Procedure appears in the list today as Item No. 2 in the name of Mr. Korban Ali, the learned Advocate for defendant-petitioners an......r 26, rule 9 of the Code it is manifested that a local investigation is not imperative in every case and a Judge is not bound to issue a commission and the matter is in the discretion of the Judge to grant or refuse a local investigation. It is to be emphasized that this Court is always in favour of..
Category: Property Law | Date: | Hits: 68
Maksuda Akhter Vs. Md. Serajul Islam, 1999, 28 CLC (HCD)
....red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554.......3B) of the Muslim Family Courts Ordinance, 1985 read as follows: “3. (A) For the purpose of executing of a decree sub-section 3(A), the Court shall be deemed a civil Court and shall have all the powers of such Court under the code. 3(B) For the purpose of execution of a decree under sub-sect......-11-98 passed in Family Execution Case No. 3 of 1998 by the 4th Court of the Additional Assistant Judge, Dhaka, rejecting application, of the decree holder dated 4-11-98 for directing the judgment debtor opposite party Md. Serajul Islam to suffer imprisonment, for failure to pay installment of the d......red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554...Category: Family Law | Date: | Hits: 162
....he Companies Act be returned to the petitioner.
The petitioner may refer the matter to the said Arbitration Tribunal, if so advised.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 538.......de Organisation is to function,
24. By section 3 of the Ordinance, a trade organisation can only be registered if it holds a licence granted by the Government. By section 4, the Government has the power to revoke a licence after observing certain formalities. By section 8, a trade organisation ca......
The petitioner may refer the matter to the said Arbitration Tribunal, if so advised.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 538.......
4. The Chittagong Chamber of Commerce and Industry, hereinafter referred to as ‘Chamber of Commerce’ was incorporated as a company under section 26 of the erstwhile Companies Act, 1913 on being granted licence by the Ministry of Commerce of the then Government of Pakistan under section 3 of th..
Category: Company Law | Date: | Hits: 198
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......gned by the Judge the High Court is functus officio; furthermore, whether the High Court is competent to review and revise the aforesaid judgment. It was held by the Full Bench that there was no such power of review or revision by the High Court of its own order made in the circumstances set out abo......eed Ahammed J Md. Awlad Ali J Mostafa Aminur Rashid……………….. Petitioner Vs. State……………………………. Respondent Judgment August 12, 1999. Case Referred to- Babulal Agarwala vs. State 13 DLR 1. Lawyers Involved: Abdul Malek, Advocate — For t...... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543...Category: Criminal Law | Date: | Hits: 55
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......gned by the Judge the High Court is functus officio; furthermore, whether the High Court is competent to review and revise the aforesaid judgment. It was held by the Full Bench that there was no such power of review or revision by the High Court of its own order made in the circumstances set out abo......eed Ahammed J Md. Awlad Ali J Mostafa Aminur Rashid……………….. Petitioner Vs. State……………………………. Respondent Judgment August 12, 1999. Case Referred to- Babulal Agarwala vs. State 13 DLR 1. Lawyers Involved: Abdul Malek, Advocate — For t...... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543...Category: Criminal Law | Date: | Hits: 52
Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)
....he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534.......1993-1995. He is also a dealer of shares of Dhaka Stock Exchange Ltd. Respondent No. 1 Securities and Exchange Commission constituted an Enquiry Committee by notification dated 15-6-98 in exercise of power under section 21 of the Securities and Exchange Ordinance 1969 to enquire into dealing in stoc...... Khurshid Alam…………………………………Petitioner Vs. Securities and Exchange Commission and others……………….. Respondents Judgment July 26, 1999. Case Referred to- Tourni vs. National Provincial and Union Bank of England (1924) 1KB 461. Lawyers Involved:......he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534...Category: Banking Law | Date: | Hits: 196
Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)
....f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530.......point of time to appear before the Chairman of the Dhaka Stock Exchange Council for verifying the genuineness of the said transfer or for any other reason. 12. Dhaka Stock Exchange Council has the power under Articles 36 and 37 of the Articles of Association of the Dhaka Stock Exchange Limited to......n: 51 DLR (1999) 530.......f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530...Category: Company Law | Date: | Hits: 194
Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
....fore me the case of Dipak Chandra Vs. Selestin Resel and another reported in 3 BLC 391 wherein it has been held that the order of suspension is just a step towards a disciplinary proceeding and it is discretionary for the departmental authority to punish or not to punish the delinquent and, as such,......d, it is found that the learned Assistant Judge was perfectly justified in passing the impugned order, which does not suffer from any legal infirmity calling for interference by this Court exercising power under section 115(1) of the Code of Civil Procedure. The Rule is accordingly, found without an......t: Gour Gopal Saha J Altaf Hossain (Md.)……………….Petitioner Vs. Md. Abdul Rahim and others…………………..Opposite Parties Judgment July 13, 1998. Cases Referred to- Dipak Chandra vs. Selestin Resel and another 3 BLC 391; Sheikh Abdul Quader vs. Chairman, Ban......wer under section 115(1) of the Code of Civil Procedure. The Rule is accordingly, found without any merit. In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Court stands vacated. Since this is a service matter, it is necessary in ..Category: Procedural Law | Date: | Hits: 83
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......i J Abdul Gani Howlader (Md.) and another……………….Petitioner Vs. Abdus Somed Howlader and others………………..Opposite Parties Judgment March 3, 1999. Cases Referred to- Nibaran Chandra Ghosh and others vs. Pratap Chandra Chowdhury and others 44 CWN page 141; Jan......ntiff brought a suit against Basanta for enhancement of rent, that suit was compromised and in execution of the decree the plaintiffs purchased the tenure in 1913. It appears that in 1900 Basanta had granted permanent Mokarari lease to some of the defendants, in 1925 the plaintiffs brought the suit ..Category: Property Law | Date: | Hits: 98
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ...... the Public Demands Recovery Act they can not file any application under section 53 of the Public Demands Recovery Act to set it aside long after 20 years after auction sale. It is contended that the power of the revision given under section 53 of the Public Demands Recovery Act to the Collector, th...... Mainur Reza Chowdhury J M A Aziz J Sajeda Begum………… Petitioner Vs. Member, Bhumi Appeal Board and others……….Respondents Judgment March 25, 1997. Cases Referred to- Monirunnahar Begum vs. Shahed Ali, 1 BCR (1981) 43; Hossain Uddin vs. Additional Collector, 1......and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ..Category: Property Law | Date: | Hits: 107
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......United Kingdom Mutual SS Association (1891) 1 QB 370; Pacquin vs. Beanclerk (1906) AC 148; Elbinger AG Fur Fabrication von Eisonbahn Material vs. Clay (1873) LR, 8 QB 313; Teheran Euro Ltd. vs. ST Bolton Tractor Ltd. (1986) 2 All ER 886; Paton vs. British Pregnancy Advisory Services Trustees (1979 Q......appeal from original order is directed against the judgment and the order dated 13-4-1998 passed by the learned Subordinate Judge, Commercial Court, Chittagong in Other Suit No. 3 of 1998 refusing to grant temporary injunction. 2. Other Suit No. 3 of 1998 came into being following the filing of a..Category: Civil Law | Date: | Hits: 164
Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)
....ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211.......president and vice president of the Khulna Circle of the Bangladesh Hardware Machinery Merchants Association ('Association` in short) for the term 2000 to 2002, that the defendant Nos. 3 to 5 misused power and funds of the organisation, that they tried to victimise the plaintiffs, that the defendant......e plaintiffs in performing their functions till disposal of the suit. By order No. 8, the defendants by an order of adÂ-interim injunction, are restrained from holding any discussion on agenda No. 6 to the notice of the Annual General Meeting No. BHMMA K(23)/2002‑2003/65 dated 13-11‑2002. 2.......he forum of arbitration provided by section 12(2) of the Trade Organisation Ordinance, 1961, is not suitable in the present case. On the same day, by a separate order No. 7 dated 19‑Â11‑2002, he granted temporary injunction and restrained the defendants from obstructing the plaintiffs in perfor..Category: Civil Law | Date: | Hits: 74
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
.... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ......ommission of a cognizable offence is so called. But the police station may receive more than one information as first information report over the commission of very same offence. 41. Section 156 empowers the officer in charge to commence investigation in any cognizable offence, even without any o......54; Aghnoo Nagesia Vs. State of Bihar, AIR 1966 SC 119; Hasib Vs. State of Bihar, AIR 1972 SC 283. Lawyers Involved: Nurul Islam Chowdhury, Advocate‑For the Appellant. Sk A Awal, Deputy Attorney‑General‑For the State. Criminal Appeal No. 2261 of 2001. Judgment Md. Abdur Rash......the accused was present when the victim was killed and the dead body was found at a fairly distant place from the place last seen. Our Appellate Division dismissed the appeal and upheld the acquittal granted by this Division by a majority of decision. 49. In the case of Rahman Vs. the State of UP..Category: Criminal Law | Date: | Hits: 44
Abdul Hoque (Md.) Vs. Md. Abdul Gani alias A Gani, 2000, 29 CLC (HCD)
....ute. No costs. The records of the case, be sent down to the office of the Waqfs Administrator for taking necessary action forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 295.......lowing prescribed rules and procedure. Opposite party was never appointed Mutwalli. Such appointed Mutwalli may however be removed on any of the grounds provided by law. Not otherwise. 12. General powers and functions of the Waqf Administrator have been provided in section 27 of the Waqf Ordinanc......d Order dated 8-11-86 passed by Additional District Judge, 1st Court Dhaka in Miscellaneous Appeal No.518 of 1984 dismissing the appeal and confirming the order dated 25-11-84 passed by the Administrator of Waqfs of Bangladesh passed in Natu Mallick Waqfs Estate EC No.9157 cancelling this earlier or......ute. No costs. The records of the case, be sent down to the office of the Waqfs Administrator for taking necessary action forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 295...Category: Trust/Waqf Law | Date: | Hits: 174
Abdur Rahman Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196.......e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196.......inistry of Works and another……………………….Respondents Judgment November 2, 2002. Lawyers Involved: M Saleem Ullah, Advocate‑ For the Petitioner. MA Azim Khair, Deputy Attorney-General-For Respondent No. 1. Writ Petition No. 6076 of 2000. Judgment Amirul Kabir ......e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196...Category: Property Law | Date: | Hits: 59
Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)
....e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ......e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ......desh Vs. Roushan Ara Begum, 57 DLR (AD) 167. Lawyers Involved: AK Badrul Huq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellant. Ekramul Haque, Assistant Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Respondent No.2. Not Repres......ndent No. 1. Civil Appeal No. 15 of 2003. (From the judgment and order dated 17-7-2001 passed by the High Court Division in Writ Petition No.1003 of 1994.) Judgment SK Sinha J.- Leave was granted to consider whether, the learned Judges of the High Court Division were justified in holding..Category: Property Law | Date: | Hits: 65
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