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....dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563.......as (Bobby) and three others……………..Petitioners
Vs.
Bangladesh University of Engineering and Technology and others…………Respondents
Judgment
July 29, 1999.
Cases Referred to-
Masum Iqbal vs. BUET 49 DLR 104; Board of Intermediate and Secondary Education vs. Rumana Ahm......mittee and then by the Board of Residence and Discipline and finally, Academic Council has also considered their cases. Allegations against the respective petitioner were brought to his notice specifically before he appeared before the Board giving him sufficient and reasonable opportunity to know a...... mischief and damage in the Dhakeswari Residential area of the University on 26-4-99 which were offences under sections 5, 17, 21 and 22 of the aforesaid Ordinance, and he was further informed that a meeting of the Board of Residence and Discipline would be held on 13-6-99 at 11-30 AM in the office ..
Category: Others | Date: | Hits: 116
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....contempt will be found to consist in an offence more or less direct against the Sovereign himself as the fountainhead of law and justice, or against the palace, where injustice was administered. "The power which the Courts in Westminister Hall have of vindicating their own authority, is co-eval with......nother………………………………. Petitioners. Vs. Mahmudur Rahman and others…………………………………….Respondents. Judgment August 19, 2010. Cases Referred to- Sparks V. Martyn (1669), 1 Vent.1. R.V. Lefroy, (1873) L.R.8 QB 134, Re. Abdool, 8 WR Cr 31, ......t would be a contempt of the sovereign" [R.V. Lefroy, (1873) L.R.8 QB 134]. Wilmot's, judgment has been received with approval in so many subsequent cases that it must now be taken to have been practically determined that summary process of committal for contempt, whether in or out of Court, existed...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ..Category: Criminal Law | Date: | Hits: 163
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....escribed in the schedule to the plaint; that at the time of filing of the suit the plaintiff along with the plaint filed 3 documents, namely, statements of account, lease deed and irrevocable general power of attorney. 3. That petitioner herein having been served with the summons entered appearan......intiff filed Title Suit No.73 of 1994 in the Court of Subordinate Judge and Artha Rin Adalat No. 4 Dhaka for recovery of Taka 1,59,79,268.75 by sale of mortgaged property as described in the schedule to the plaint; that at the time of filing of the suit the plaintiff along with the plaint filed 3 do......en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ......en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ..Category: Civil Law | Date: | Hits: 90
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
.... them. In the absence of such sanction, the whole proceeding before the learned Special Judge appears to be illegal and without jurisdiction. In view of the fact that the learned Special Judge has no power to try the accused under the Criminal Law Amendment Act, 1958 without obtaining proper sanctio......e ………………………..Respondent Judgment January 25, 2000. Lawyers Involved: Serajul Islam, Advocate—For the Appellants. (In both the appeals) FKM Ahsan Mahbub, Assistant Attorney- General—For the Respondent. (In both the appeals) Criminal Appeal No. 1000 of 1995 ......and, submits that the learned Special Judge was fully justified in convicting and sentencing the accused appellants on the basis of the evidence on record and, as such, the impugned judgment does not call for any interference. The learned Assistant Attorney-General further submits that since the acc...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335...Category: Criminal Law | Date: | Hits: 43
Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)
....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......91. He further stated that the driver tried to save the victim, although he stated that the accident took place in the unmetalled portion of the road. In his apparent bid to help the defence he practically proved the involvement of the accused petitioner in the accident. 21. P.W.5 Serajuddin also......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...Category: Criminal Law | Date: | Hits: 37
A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)
....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.......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)
....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...... and consideration of the material evidence on record were perfectly 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 ...... 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
....pondents are to take steps accordingly without delay.
In the result, these Rules are made absolute without any order as to costs.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 308.
......ashri Irene and another……………..Petitioners
Vs.
Bangladesh Biman Corporation, represented by MD. & another……………Respondents
Judgment
March 5, 2000.
Cases Referred to-
Attorney-General of Hong Kong Vs. Ng Yuen Shiu 1983 AC Vol. 2 page 629; House of Lords, Counc......ns were mentioned in the Letter of Appointment, further service regulations of Bangladesh Biman, office orders, standing orders, directives and rules are also applicable to them in matters not specifically mentioned in the contract of employment and they were not entitled to claim permanent employme......pondents are to take steps accordingly without delay.
In the result, these Rules are made absolute without any order as to costs.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 308.
..
Category: Employment/Service Law | Date: | Hits: 113
Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)
....1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ...... Judgment ABM Khairul Haque J. This Rule at the instance of the appellant-petitioner was issued under section 115 of the Code of Civil Procedure, calling upon the respondent opposite party No.1 to show cause as to why the Judgment and order No.60 dated 18-10-1993, passed by the Additional Dist......Party No. 1. Civil Revision No.1825 of 1994. Judgment ABM Khairul Haque J. This Rule at the instance of the appellant-petitioner was issued under section 115 of the Code of Civil Procedure, calling upon the respondent opposite party No.1 to show cause as to why the Judgment and order No.60......of village Bhagalpur, police station, Sonargaon, in the District of Narayanganj. The aforesaid local musallis of the area being dissatisfied with the functions of the aforesaid joint mutawalli held a meeting on 11-7-1982 and formed a committee consisting of 7 persons with the petitioner Shahabuddin ..Category: Trust/Waqf Law | Date: | Hits: 189
....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......se Rules are taken up together for hearing and disposed of by the single judgment as common question of law and facts are involved.
2. In all the above mentioned 3 writ petitions Rules were issued calling upon the respondents on the application together with supplementary affidavit to show cause ......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
....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......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.
......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.
..
Category: Property Law | Date: | Hits: 68
Maksuda Akhter Vs. Md. Serajul Islam, 1999, 28 CLC (HCD)
....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.......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
....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.......e Chamber of Commerce has about 4,000 general members. It has an executive body consisting of 24 members comprising a President, one Senior Vice-President, one Secretary and 21 other directors and is called the Board of Directors. According to the Articles of Association of the Chamber of Commerce, ......y. By section 9 all acts and proceedings of a trade organisation are subject to the control of the Director, who has also the power to inspect the office of the trade organisation, attend any general meeting, or of the Executive Committee meeting, supervise the holding of election, cancel, suspend o..
Category: Company Law | Date: | Hits: 198
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
....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....... 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)
....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....... 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)
....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 Respondent No. 1. Writ Petition No. 2126 of 1998. Judgment Kazi Ebadul Hoque J. - This Rule was issued at the instance of the petitioner Khurshid Alam, Proprietor of Khurshid Alam and Co. calling upon the respondents to show cause as to why impugned letter dated 6-7-98 issued by the resp......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)
....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.......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)
....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......s simply asked to show cause as to why disciplinary action should not be taken against him and an Enquiry Committee constituted to enquire into some serious allegations made by the relevant authority calling for prosecution of the petitioner and gave him sufficient opportunity to defend himself, he ......referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527...Category: Procedural Law | Date: | Hits: 83
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
.... 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....... 10 and 14. Writ Petition No. 1198 of 1995. Judgment Mainur Reza Chowdhury J. - This writ petition before us is filed by the petitioner Sajeda Begum at whose instance a Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 15-12-94 (Annexure-F) passed by......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
State Vs. Farooq Ahmed, Subordinate Judge, 1999, 28 CLC (HCD)
.... by him for the 1St time, we accept his apology. In the result the Rule is disposed of with the above observation accepting the apology. Ed. This Case is also Reported in: 51 DLR (1999) 515. ......tate …………………Petitioner Vs. Farooq Ahmed, Subordinate Judge………………….. Opposite Party Judgment July 19, 1999. Lawyers Involved: Shahabuddin Ahmad, Deputy Attorney-General - For the State (with the leave of the Court). KZ Alam with Shoriful Islam Khan, A......KZ Alam with Shoriful Islam Khan, Advocates — For the Contemnor. Criminal Miscellaneous suo moto Rule 3332 of 1999. Judgment Kazi Ebadul Hoque J. - This suo moto Rule was issued on 20-6-99 calling upon the contemner Mr. Farooq Ahmed. Subordinate Judge, 3rd Court Dhaka to show cause as to ...... by him for the 1St time, we accept his apology. In the result the Rule is disposed of with the above observation accepting the apology. Ed. This Case is also Reported in: 51 DLR (1999) 515. ..Category: Criminal Law | Date: | Hits: 45
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