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....the petitioner is that, the petitioner is the wife of the detenu. It is stated in the petition that the detenu was arrested on 16.7.88 from Dhaka in connection with Dhanmondi P.S. Case No.3(11)86 dated 2.11.88 under Sections 302 and 201 of the Bangladesh Penal Code for the alleged murder of one ...... Act cannot be issued. Furthermore he submits that this kind of order of detention is colourable exercise of powers which cannot be sustained in law. In support of his contention he has referred to a decision of the Indian Supreme Court reported in AIR 1974 (Supreme Court) page 116 and a decision ..
Category: Criminal Law | Date: | Hits: 100
....ch higher authority has taken a decision on the matter:
Provided further that no such application shall be entertained by the Administrative Tribunal unless it is made within six months from the date of making or taking of the order, decision or action concerned or making of the decision on......have exclusive jurisdiction to deal with the said matter and that the jurisdiction of the Labour Court to deal with the said matter is ousted. In support of his submission be has placed reliance on a decision reported in (1988) 40 DLR page 163.
4. Mr. Ashraful Hossain, the learned Advocate appear..
Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
....us Appeal No. 12 of 1983). First Miscellaneous Appeal Nos. 12 & 15 of 1983. Judgment MS Ali J.- These two Miscellaneous Appeals are directed against the same order of remand for retrial, dated 15-8-83 passed by Mr. S.B. Haque, District Judge, Kushtia in Title Appeal No.118 of 1980 which......his own use. (4) The barber shop in front of a residential house is a nuisance though not a public nuisance. (5) The plaintiff failed to prove sub-letting by the tenant. 5. Against the decision of the Trial Court the tenant preferred Title Appeal No.118 of 1980 before the learned Dist..Category: Property Law | Date: | Hits: 115
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
.... Chittagong the present appellant for realisation of money. The plaintiffs’ case was that M/s. Md. Haji Gani Ltd. imported 512 drums and 769 drums of Soyabean Oil under bill of lading Nos.35 and 36 dated 30.8.1963 from United States of America per S.S. Argo Ellas owned and controlled by the defend......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ..Category: Business or Commercial Law | Date: | Hits: 397
....986.
Judgment
Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the order dated 16.12.85 passed by the respondent No.1 the Additional Commissioner, Dhaka Division, Dhaka in L......nts to show cause as to why the order dated 16.12.85 passed by the respondent No.1 the Additional Commissioner, Dhaka Division, Dhaka in L.A. Miscellaneous Petition No.38 of 1985 (Annexure E) and the decision dated 24.3.86 arrived at by the respondent No.2 the Deputy Commissioner, Kishoregonj in L.A..
Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)
.... of on 31.8.88. The Rule was made absolute and the Election Commission was "directed to hold election in the centres where election was postponed or not held due to disturbance" (Annexure D). By Memo dated 10.12.88 (Annexure E) the Election Commission staled that it heard both sides and perused all ......centre and Ramerkanda High School polling centre only for the election of Chairman of Shakta Union Parishad. 3. The petitioner has filed the present Writ Petition with the submission that the last decision of the Election Commission is net enough. Additionally, there should be re-poll Ati Panchdo..Category: Election Law | Date: | Hits: 215
....dent Nos.2(1) to 2(5).
Writ Petition No. 2458 of 1995.
Judgment
Mohammad Fazlul Karim J.- This Rule was issued calling upon the respondent to show cause as to why the impugned order dated 12-1-89 in Case No.774 (Ka-446 Mirpur 1 & 2 Section) and Case No.574 (Ka-446 Mirpur 1 &...... by the Court of Settlement without awful authority. This view finds support in case of Hasina Khatoon and others Vs. Bangladesh and others 43 DLR (AD) 13.
5. In view of the above, the impugned decision of Court of Settlement has been declared to have been passed without lawful authority and t..
Category: Property Law | Date: | Hits: 102
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....irChowdhury J.- This Rule at the instance of the defendant-petitioner arises out of an application under section 25 of the Small Causes Court Act, 1887 and is directed against the judgment and decree dated 30-11-1996 passed by the learned Subordinate Judge, 1st Court, Faridpur in SCC Suit No.1 of 19...... of the opinion that the notice is not a valid notice terminating the tenancy of the defendant. 11. In case of non-service of valid notice under section 106 of the Transfer of Property Act, the decision in the case of Abdul Aziz Vs. Abdul Majid reported in 46 DLR (AD) 121 may be referred to. T..Category: Property Law | Date: | Hits: 101
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
....an with Serajur Rahman, Advocates — For the Opposite Parties. Civil Revision No. 2849 of 1992. Judgment Md. Iftikhar Rasool J.- This Rule is directed against the judgment and order dated 26-10-92 passed by the Senior Assistant Judge, Cox’s Bazar in Other Execution Case No.70 of ......ined the decree after much hardships. It is argued by the learned lawyer of the petitioners that Other Execution Case No.70 of 1964 is not barred by limitation and in this connection he refers to the decision reported in AIR 1964 (Assam) 64 in the case of Smt. Akani Das and others Vs. Muhiram Bharal..Category: Property Law | Date: | Hits: 94
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
.... Mrs. Syeda Rabia Begum, Assistant Attorney General - For the Respondent. Criminal Appeal No. 372 of 2004. Judgment Md. Ruhul Quddus J.- This appeal is directed against judgment and order dated 18.6.2002 passed by the Additional Sessions Judge, Cox’s Bazar in Session Trial Case No.119 ......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 102
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....ondent (In both the appeals). Criminal Appeal No.1046 of 1996 with Criminal Appeal No.25 of 1997. Judgment Md. Ruhul Quddus J.- These Criminal Appeals are directed against judgment and order dated 24.6.1996 passed by the Sessions Judge, Munshiganj in Session Case No.1 of 1994 convicting the...... proved beyond all reasonable shadow of doubt. These are absent in the present case. 12. In view of the above, we fired substance in the submissions of the learned Advocate for the appellants. The decision cited also match with the present case. Therefore, the impugned judgment and order of convi..Category: Criminal Law | Date: | Hits: 111
....eing a Chairman of the Upazila Parishad.
2. It is stated that the Election Commission has given programme for holding election for the office of Chairman of Upazila Parishads fixing 17.2.90, the date for filing nomination papers, 18.2.90 the date for scrutiny of nomination papers, 25.2.90 for w......nstitution and thereby it is unconstitutional. In support of his contentions that artificial and fanciful classification is impermissible under the Constitution Mr. Hosein has cited the following decisions:—
(1) AIR 1951 (SC) 41, Charanjit Lal Chowdhury Vs. The Union of India and others.
..
Category: Election Law | Date: | Hits: 391
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....ury J.- At the instance of the petitioners Rule Nisi was issued calling upon the respondents to show cause as to why the impugned letter contained in Memo No.শিম/শাঃ/৫-বি-6/2005/244 dated 4-6-2009 ( Annexure A) issued by respondents No.6 and impugned letter dated 13-4-2009 (Annexur......another letter dated 11-6-2009 under Memo No. শিম/শাঃ প্রঃ৫-বি-৬/২০০৫/২৪৪ তাং ১১-৬-২০০৯ containing the reference of the respondent No.5's decision to refuse upgradation and the petitioners received on 16-6-2009. The petitioner impugned th..Category: Administrative Law | Date: | Hits: 421
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....was issued at the instance of the petitioner Md. Azam-e-Sadat calling upon the respondents to show cause as to why the initiation of Criminal Proceedings of Motijheel Police Station Case No.79 and 77 dated 28-12-2006 respectively pursuant to lodging First Information Report with the Motijheel Police......nded section 32 of the Anti-Corruption Commission Act 2004. They further submit that their Lordships of the Appellate Division after examining the relevant laws and Rules in this respect came to such decision. 9. The learned counsel for the respondent also submits that right after lodging of the ..Category: Criminal Law | Date: | Hits: 89
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
....zizul Haque J.- The Rule was issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party No.1 to show cause as to why the impugned Judgment and decree dated 10-4-2006 passed by the Joint District Judge, Section Court, Narail in title Appeal No.44 of 2......land, particularly when Koresh Beg, father of Zitu Beg is the CS recorded tenant vide Exhibit 2(Kha) and thus, I find that both the Courts below committed an error of law resulting in an error in the decision occasioning failure of justice in their Judgments and decrees. In fact, they ought to have ..Category: Property Law | Date: | Hits: 103
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....Azizul Haque J.- The Rule was issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party No.1 to show cause as to why the impugned Judgment and order dated 22-8-1999 passed by the Additional District Judge, Fifth Court, Dhaka in Miscellaneous Appeal ......tand in the way of getting relief under Order IX, rule 13 of the Code of Civil Procedure when the suit was rightly found to be barred by limitation. 16. The lower appellate Court has held that the decision taken in the case of AKM Jamaluddin Vs. Mantu Lal Majumder, 49 DLR (AD) 150 as referred to ..Category: Procedural Law | Date: | Hits: 170
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
....espondent No.3. Writ Petition No. 9294 of 2008. Judgment Zinat Ara J.- In this application under article 102 of the Constitution the petitioners called in question the legality, of the order dated 23-11-2008 passed by the learned Judge of Artha Rin Adalat and Joint District Judge, Court No.......der rejecting of execution case being a final order of the Adalat, the petitioner is to file an appeal against said order and the writ petition is not maintainable." 15. The view taken in the said decision is also applicable in the instant case. In view of the above, we find that this writ petiti..Category: Civil Law | Date: | Hits: 157
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....t VIII of 2009) (Annexure-A 2) should not be declared to have been passed; and the Metro Special Case No.126 of 2010 corresponding to ACC GR Case No.83 of 2009 arising out of Cantonment PS Case No.08 dated 26-10-2009 under Section 2/4(2) of the Money Laundering Prevention Act, 2009 now pending befor......ated in the constitutions of the different countries like Canada, India, Iran, Pakistan, Sweden, South Africa and USA. 11. Mr. Rafique-ul Huq, learned Advocate for the petitioner relies upon a few decisions which we shall consider in the body of the Judgment. 12. Mr. Mahbubey Alam, learned Att..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....ee and its recommendation purporting to cancel original certificate of the petitioner and taken punitive action against him which was communicated to the petitioner by the respondent No.5 vide Letter dated 31-3-2006, Annexure-G(1) should not be declared to have been taken without lawful authority an......vocate - For Respondent Nos.1, 2, 4 and 5. Writ Petition No. 2793 of 2006. Judgment SM Emdadul Hoque J.- The Rule was issued calling upon the respondents to show cause as to why the impugned decision being No.13(Ka) taken by the Syndicate of the University of Chittagong, respondent No.3 thr..Category: Others | Date: | Hits: 186
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... J.- Writ petition Nos.4206, 5067, 4202, 4207 of 2009 are heard together and disposed by a common question of fact and law. 2. In writ Petition No.4206 of 2009 initiation of Tejgaon PS Case No. 53 dated 19-3-2009 under sections 5(2) of the Prevention of Corruption Act, 1947, sections 420/409/109 ......tated that the petitioners are fugitive from justice or law and have no right to seek aid or assistance of any Court and the Court will not pass any order in their aid. This view finds support in the decisions reported in Anti-Corruption Commission Vs. Md. Hossain 61 DLR (AD) 17. Anti-Corruption Com..Category: Criminal Law | Date: | Hits: 107
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