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Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
....nst which the accused petitioner has taken a stand that the principal is only entitled to realise that amount through civil proceeding and upon such stand the accused petitioner has approached to the discretionary jurisdiction of this court available under inherent power, recognised by the legislatu......pal is only entitled to realise that amount through civil proceeding and upon such stand the accused petitioner has approached to the discretionary jurisdiction of this court available under inherent power, recognised by the legislature under the Provision of section 561A of the Code of Criminal Pro......- Dewan Obaidur Rahman vs. State 1999 BLD (AD) 128 = 4 BLC (AD) 167. Lawyers involved: Shakila Rowshan, Advocate—For the Accused-Petitioner Shamim Ara Dora, Assistant Attorney-General—For the State-Opposite Parties. Criminal Miscellaneous Case No. 1238 of 2001......ary jurisdiction of this court available under inherent power, recognised by the legislature under the Provision of section 561A of the Code of Criminal Procedure. The established principle of law in granting such discretionary relief is that the person who seek the relief must come with clean hands..Category: Criminal Law | Date: | Hits: 81
Aminul Haque Shamim (Md) Vs. Government of the People's Republic of Bangladesh, 2003, 32 CLC (HCD)
....airs of the Republic. In view of the discussion made above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ......ewspaper or a news agency, an editor or a journalist working therein, including the name of such newspaper, news agency, editor or journalist. (3) Nothing in sub‑section (1) shall be deemed to empower the Council to hold an inquiry into any matter in respect of which any proceeding is pending i...... direction upon the respondents Nos. 1 and 2, Government of Bangladesh represented by Secretary, Ministry of Information and Secretary, Ministry of Law and Parliamentary Affairs respectively be given to frame guidelines involving right to reputation as guaranteed under Article 31 in consonant with A......airs of the Republic. In view of the discussion made above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ..Category: Constitutional Law | Date: | Hits: 213
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128.......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128.......ht and title of the plaintiff in the suit land; b. declaring the use and occupation of the suit land by defendant No. 1 is illegal, unauthorised and malafide. c. defendant No. 1 is not entitled to own the suit land under provisions of the Acquisition and Requisition of Immovable Property Act, ......is is a condition precedent to the exercise of the jurisdiction by the Court under the section. 15. In the case of Secretary to the Government of Karnaka vs. Harishbabu (1996) 5 SCC 400, leave was granted by the Supreme Court of India to consider when does the period of imitation commence for fil..Category: Property Law | Date: | Hits: 31
Md. Abul Kasem Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ......ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ......………Respondents Judgment August 1, 2010. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 2530 of 2009. (From the judgment and order dated 27.10.2009 passed by the High Cou......ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 27
Khan and Company Ltd. Vs. Presiding Judge of the District Court and others, 2000, 29 CLC (HCD)
.... were on 1-11-98 strictly in accordance with the provision of Order XXXVII CPC as quickly as possible. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 121. ...... were on 1-11-98 strictly in accordance with the provision of Order XXXVII CPC as quickly as possible. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 121. ......g money on bill of exchange under Order XXXVII CPC against the National Bank Ltd. Summons of the suits were served upon the said defendant-bank on 19-8-98. Under the law a defendant in such a suit is to obtain leave to appear and defend within 10 days from the service of summons upon him on 28th and......the defendant should be allowed to appear and defend the suit.” 6. We find that on the basis of submission in the applications as quoted above learned Judge acted without any lawful authority in granting the leave to the defendant to enter appearance and to defend the aforesaid suits. Object an..Category: Civil Law | Date: | Hits: 64
Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)
....illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ...... that this arrest was made with a view to detain him under section 3(2) of the Special Powers Act. Section 54 is an independent section of Code of Criminal Procedure under which police has been given power to arrest any person without an order of Magistrate or without any warrant. Some circumstances......Present: Md. Hamidul Haque J Nazmun Ara Sultana J Mokbul Hossain……Detenu Vs. Government of Bangladesh & ors……Respondents Judgment January 16, 2002. Cases Referred to- Mostafizur Rahman vs. Bangladesh 44 DLR 317; Habiba Mahmud 54 DLR (AD) 89; H Saha vs. State o......e above consideration warranted his detention. 10. As regards the pending cases, we find that a case involving a grave offence is pending. Mr. Islam has argued that in that case this court already granted him anticipatory bail. The principle which is followed in respect of granting bail can not a..Category: Criminal Law | Date: | Hits: 34
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
..... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......e situation of the locality showing disrespect to the settled principle of law. 56. In the above facts and circumstances if the case is sent for re‑trial it will be a futile exercise of judicial power and also abuse of process of the Court. 57. The learned Tribunal not only committed mistake...... (AD) 1; 41 DLR 385; 35 DLR 5, 127; 10 DLR (SC) 29. Lawyers Involved: Farhad Ahmed with Dewan Abdun Naser and Fazle Rabbi, Advocates‑ For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney-General, Md Jalaluddin, Assistant Attorney-General- For the State. Criminal Appeal No. 2....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ......en stated therein that in pursuance of a notice in any form issued thereunder at any time before 30th October, 1988 the Government may take over possession of any abandoned property or building. This power of issuing this type of notice in any form gave arbitrary power to the Government and hence is......oynul Abedin J SAN Mominur Rahman J Ambia Khatun.............................Appellant Vs. Bangladesh and others.............Respondents Judgment August 10, 2009. Cases Referred to- Baldwin and Francis Ltd Vs. Parents Appeal Tribunal (1959) AC 663; Reg Vs. De Reuzen; Mostafa......y from the list of abandoned buildings whereupon the appellant moved the High Court Division against the said judgment and order but the Rule was discharged by the impugned order. 3. Leave was granted to consider that submissions of the learned Counsel for the appellants that— "the quest..Category: Property Law | Date: | Hits: 30
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......evant points for consideration as to whether the impugned judgment and order of conviction and sentence deserves any interference by invoking the inherent jurisdiction of this court in exercising the power under section 561A of the Code of Criminal Procedure on the ground mentioned herein. In pursua......ali Bank vs Karnaphuli Works Ltd 46 DLR (AD) 55. Lawyers Involved: Shawkat Ali Khan, Senior Advocate with Md Shamsul Hoque, Advocate — For the Petitioner Golam Mohammad Chowdhury, Deputy Attorney General — For the State. Criminal Miscellaneous No. 3642 of 2001. Judgment Altaf H......ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ..Category: Criminal Law | Date: | Hits: 37
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....ge in Revision and discretion exercised by Senior Assistant Judge in rejecting plaintiff-petitioner’s application for local Investigation warrants any interference in the exercise of this Court’s discretionary Civil Revisional Jurisdiction under section 115 of the Code of Civil Procedure. 3. ...... Provided that the Court may, on the prayer of the Commissioner and an sufficient cause being shown, extend the time. 5. A reading of the above provision shows that Court has been clothed with the power to hold Local Investigation in a circumstance where it deems a Local Investigation to be requi......iff-petitioner in invoking this Court’s Civil Revisional Jurisdiction on laying petition under section 115 of the Code of Civil Procedure. 2. The fate of Civil Revision petition hinges on answer to the following two questions which are- (i) Whether Local Investigation under Order 26, rule 9 ......ssue a commission to such persons it thinks fit. From the above language it becomes evidently clear that a court is not bound to issue a commission and the matter is in the discretion of the judge to grant or refuse Local investigation. It has already been pointed out that Local Investigation is not..Category: Administrative Law | Date: | Hits: 236
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
....r Court has got power to pass any order including an order for reinstatement in appropriate cases on an application under this section. The Labour Court is found to have been invested with abundant discretionary power to allow termination benefits to a worker instead of reinstatement in the circ...... in the case of S.H, Quddus & others vs. Chairman, Labour Court, Chittagong and others reported in 33 DLR (HD) 1. It was observed as follows: “......under section 25 the Labour Court has got power to pass any order including an order for reinstatement in appropriate cases on an applicatio...... Md. Shahjahan Ali................................................Petitioner Vs. The Chairman, Labour Court, Rajshahi............Opposite Party Judgment April 7, 1987. Cases Referred to- Zeal Bangla Sugar Mills Ltd. vs. Chairman 1982 BLD (HD) 57, SH Quddus & others vs. Chair......d has formed an opinion that a strained relationship existed between the parties and it would, therefore, be inappropriate to pass an order for reinstatement and it was a sufficient justification for granting termination benefits to the petitioner instead of passing an order of reinstatement. It..Category: Labour and Industrial Law | Date: | Hits: 124
Md. Makbul Hossain & others Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)
....ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......uddin Ahmed J Md. Makbul Hossain & others..............Petitioners Vs. Sree Shibu Pada Dam.............................Opposite Party Judgment November 3, 1987. Cases Referred to- Md. Abdul Jalil Anseri vs. SurendraNath Basu and others, 21 DLR, 331; Sreemati Charubala She......ion thereof to opposite-party Nos. 2 & 3 and that the petitioners are now in possession of the property and as such they should be added as parties in the proceeding so as to contest the proposed grant of probate. 4. After hearing the learned Advocates of both the parties, the learned Distric..Category: Property Law | Date: | Hits: 54
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
.... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ...... M. Noman vs. the Dhaka Improvement Trust, 16 DLR (Dhaka) 536 and The District Council of Comilla vs. Dr. M. Khalilur Rahman, 33 DLR 438 it has been contended that when there is no rule there is no power and, therefore, the initiation of the disciplinary proceeding was without jurisdiction. ......tion of Bangladesh .............................................Respondent (In all the Writ Petitions). Judgment March 10, 1987. Result: All the Rules are discharged. Cases Referred to- 32 DLR (AD) 46; 31 DLR 326; Vitarelli vs. Seaton (1959) 359 US 535; 3 L Ed 2d 1012 Ramana Day...... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....ble. It reveals that, the bank ‘may’ call back the loan, as aforesaid. It is to be noted that the word ‘may’ has been used in the default term making the step to be taken in such situation as discretionary and not to be followed rigidly except in extreme cases. If we examine the facts in jux......ose whether we can dismiss the suit when no appeal or objection has been filed by the defendant respondents. It appears that under Order 41 rule 33 of the Code of Civil Procedure this Court has ample power to pass any decree or order even where the respondent has not, filed any appeal or cross-objec......reeing the suit in part for an amount of Taka 5,67,540.00. 2. The plaintiff, Sonali Bank, brought this suit for recovery of Taka 22, 85,314.30 against the defendants for the amount of loan granted to them with interest accrued thereon as on 26-5-90 on the facts, in short, that, the defendant No. ......1990 decreeing the suit in part for an amount of Taka 5,67,540.00. 2. The plaintiff, Sonali Bank, brought this suit for recovery of Taka 22, 85,314.30 against the defendants for the amount of loan granted to them with interest accrued thereon as on 26-5-90 on the facts, in short, that, the defend..Category: Civil Law | Date: | Hits: 85
.... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
......harge of a police-station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XV relating to the place of inquiry or......, Advocate……. Petitioner
Vs.
Quamrul Islam Siddique, Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others………… Respondents
Judgment
24 October, 2001.
Lawyers Involved:
Abdur Razzaque, Advocate— For the Petitioner.
M Mahamudul ...... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
..
Category: Anti-Corruption Laws | Date: | Hits: 178
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......ic interest. The learned Advocate has argued that there is no express provision in any law or rules barring leasing out any military land to any private person and as such the executive has residuary power in the name of the President to fill in the vacuum. In support of this contention the learned ......sdiction) Present: Nazmun Ara Sultana J Sheikh Hassan Arif J Begum Khaleda Zia...........Petitioner Vs. Government of Bangladesh and others .......... Respondents. Judgment October 13, 2010. Result: The rule is discharged. Cases Referred to- 50 DLR (AD) 27, Kastu......supplementary notice to treat the lease deed as ‘void’ are internal matters of the respondents not known to the petitioner. The petitioner is innocent and she had no role to play in processing or granting the lease nor she submitted any representation or application to obtain the leased property..Category: Property Law | Date: | Hits: 88
Hazera Begum Vs. Artha Rin Adalat & another, 2001, 30 CLC (HCD)
.... Artha Rin Adalat. The Rule is liable to be discharged. In the result, the Rule is discharged. Stay granted earlier is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 78. ......woman. 4. Mr. MA Tariq appeared on behalf of the respondent decree holder. He has submitted that under section 6 Ka of the Artha Rin Adalat Ain 1990, the Artha Ain Adalat itself has been given the power to execute a decree passed by it. So, according to him, as the Artha Rin Adalat considered it ...... Advocate—For the Petitioner. MA Tariq, Advocate—For the Respondents. Writ Petition No. 1124 of 2001. Judgment Md. Hamidul Haque J.- This Rule was issued calling upon the respondents to show cause as to why the impugned order dated 20-7-20 (Annexure ‘E’) passed in Money Executio......xecution of a decree. In view off this position, we find no illegality in the order passed by the Artha Rin Adalat. The Rule is liable to be discharged. In the result, the Rule is discharged. Stay granted earlier is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 78. ..Category: Civil Law | Date: | Hits: 89
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......as pronounced, and, when the judge has satisfied himself that the decree had been drawn up in accordance with the judgment he shall sign the decree. Rule 13 of Order XXVI of the Code speaks about the power of Court to issue a commission to such person to make the partition or separation according to......r Rahman, Advocates—For Opposite Party Nos. 2(a) & 2(b). Civil Revision No. 4616 of 1999. Judgment Md. Abdul Wahhab Miah J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the order dated 26-10-99 passed by the Senior Assistant Judge, 4th Court, Dh......that the decree shall agree with the judgment and it shall contain the number of the suit, the names and description of the parties, and particulars of the claim, and shall specify clearly the relief granted or other determination of the suit. Rule 7 of Order XX of the Code further provides that the..Category: Property Law | Date: | Hits: 32
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......: Md. Asaduzzaman with Syed Mahmud Hossain, Advocates—For the Petitioners in both of the Rules. KM Saifuddin Ahmad—For the Respondent No. 3 in both the Rules. Shahabuddin Ahmad, Deputy Attorney-General, with Dr Quazi Rezaul Hoque, Assistant Attorney-General—For the Respondent Nos. 1, ......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ..Category: Property Law | Date: | Hits: 27
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120.......ule 3, 4, and 10 of Order 39 of the Code is an appealable order as per provision of rule 1(r) of Order 43 of the Code. 14. In approaching the controversy it will be profitable to notice Revisional power enshrined in section 115 of the Code which is quoted hereunder: “115. (1) The High Court ...... Improvement Trust Vs. Parkash Wanti, (1955) 5 SCC 159 (15, 24 & 29). Lawyers Involved: Shamusddin Choudhury, with Faisal Mahmud Faizee, Advocates—For the Petitioner. Mahmudul Islam, Attorney-General, with Probir Neogi, Assistant Attorney-General and M Aminuddin, Assistant Attorney-Ge...... Code in this judgment. 4. The facts of the Civil Revision Petition hinges on the answer is short but substantial question is whether the property of an order recorded by a Court below refusing to grant temporary injunction in an application under Order 39, rule 1 of the Code can be challenged be..Category: Property Law | Date: | Hits: 34
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