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Md. Talebuddin (Taleb) Vs. State, 2009, 38 CLC (AD)
.... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ......f Uttar Pradesh, 1983 AIR (SC) 43; Apren Josheph Vs. The State of Kerala 1973 AIR (SC) 1. Lawyers Involved: Md. Helaluddin Mollah, Advocate-For the Petitioner. Mohammad Ali Akanda, Deputy Attorney General-For the Respondent. Jail Petition No.14 of 2007. (From the judgment and order ...... died. 7. We are of the view that the High Court Division on proper consideration of the materials on record accepted the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 M...... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ..Category: Criminal Law | Date: | Hits: 33
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....ed Advocate for the opposite party relief on certain decisions reported in 38 DLR 47, 35 DLR 461 and AIR 1950 (Cal) 178. These decisions were given by Hon'ble Courts in exercise of their revisional power under section 115 of the Code of Civil Procedure. The facts leading to these decisions are t......; others.................Petitioners Vs. Salim Reza & others.................. Opposite Party Judgment November 12, 1987. Result: The Rule is made absolute. Cases Referred to- A.I.R. 1920 (Cal) 467 (ChiranjilIal Ramala Vs. Tulsira Janki Das); A.I.R. 1964 (Allahabad) 34......pplication for the issue of a commission for the examination of a witness on the ground of illness is inadmissible in evidence being the worst form of hearsay evidence. The doctor himself should be called in evidence." 15. Relaying on these decisions the learned Advocate for the opposite party ......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ..Category: Procedural Law | Date: | Hits: 95
....reventing him from doing any prejudicial act it is necessary so to do make an order directing that such person be detained. Thus it is absolutely clear that section 3 of the Special Powers Act only empowers the Government to direct detention of a person only if it is satisfied that with a view to pr......J
Syed Fazle Ahmed J
Mrs. Tahera Islam.................Petitioner
Vs.
The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others............Opposite parties
Judgment
October 27, 1987.
Cases Referred to-
38 DLR (AD) 70; BLD 1986(AD) 49; 20 DLR 1968; AKM Shamsuddi......
Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193.......
Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193...
Category: Banking Law | Date: | Hits: 151
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ......mediate effect. 2. The proceeding before the Tribunal was initiated by P.W.1 Md. Liakat Ali Khan, District Manager, Pubali Bank, Jamalpur Branch by addressing a letter of complaint on 6.6.83 to the President, Bangladesh Bar Council, and invoking legal action against the appellant on the fac......who has deposed a word about the talk that the appellant allegedly had with P.W. 2 Sk. Nowsher Ali and defendant Kafiluddin. There is no corroborative evidence regarding the exact terms of the so-called tripartite agreement. D.W. 2 Mahfuzul Hoq Talukder, admittedly a cousin of the appellant and ......ith respect to the land of Money Execution Case No. 4/82 pending in that Court. Apart from proceeding against defendant Kafiluddin the bank is now saddled with the additional burden of facing and meeting the appellant's pleas and submissions. It is absolutely immaterial whether by virtue of Ext...Category: Others | Date: | Hits: 72
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....isdiction, in terms of Article 103(1) "to hear and determine appeals from judgments, decrees, orders or sentences of the High Court Division." 16. The Appellate Division has also full and complete powers to receive additional evidence in the appeal, if necessary, because Article 104 of the Consti......afa Kamal J Md. Mozammel Haque J Falu Mia & others.................Petitioners Vs. Safar Ali & others.............Opposite Parties Judgment March 24, 1988. Case Referred to- West Pakistan Vs. Gulzar Mohammad, 21 DLR (SC) 46. Lawyers Involved: M.H. Khondoker, wi...... Opposite Party Nos. 1-3. Miah Abdul Gafur - For Opposite Party Nos. 12 & 13. Civil Rule No. 335(F) of 1984 with Civil Rule No. 11(F) of 1985. Judgment Mustafa Kamal J. - These Rules call upon the plaintiff opposite party Nos. 1-3 and 12-13 to show cause why the judgment dated 7.12.......ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165...Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
....ule having taken me through the judgments of the courts below and the records had submitted that it has always been the law that even if there is a bar in law in hearing a matter the court would have power always to examine the question of jurisdiction. He has further submitted that the decision in ......Ali & others..........................Petitioners Vs. Additional Deputy Commissioner, Khulna & others...............Opposite Parties Judgment August 30, 1987. Cases Referred to- Halima Khatun's case 30 DLR (AD) 20; Nasiruddin Vs. Government of Bangladesh 32 DLR (AD) 216;......ps had occasion also to refer to the decision in Halima Khatoon's case reported in 30 DLR (AD) at page 207 and their Lordships observed :- (11) "We do not feel that any further discussion is called for on the point excepting making some clarification on the decision made in Halima Khatoon...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ..Category: Property Law | Date: | Hits: 36
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
....erence and as she failed to repay the loan installments in terms of the loan in spite of demand notices sent by the bank, the bank, being appointed as attorney of the mortgagee-loanee by a registered power of attorney, sold the properties in auction, notice of which was duly published in the Nationa......or the Petitioner. Harun-Or-Rashid, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 8. Not Represented-Respondent Nos.1-7 & 9-11. Civil Petition for Leave to Appeal No.1774 of 2008. Judgment Shah Abu Nayeem Mominur Rahman J. - This leave petition i......Dhaka. 8. In the facts and circumstances, we do not find any merit in the leave petition and hold that the impugned judgment and order has been passed in accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD)...... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55...Category: Civil Law | Date: | Hits: 81
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....sions affecting the rights and liberties of the citizen of the State has the corresponding duty of acting judicially and the superior courts having supervisory jurisdiction over such persons have the power to see whether the said person has conformed to the judicial norms applicable to the case. Apa......d others 27 DLR 122; Md. Khair Ahmed vs. Bangladesh and others 40 DLR 353. Lawyers Involved: Moudud Ahmed with AM Mahbub Uddin, Advocates—For the Petitioner Obaidul Hasan Shaheen, Deputy Attorney General— For the Respondents. Writ Petition No.1481 of 2001. Judgment Md. Shamsul ......1 of 2001. Judgment Md. Shamsul Huda J.- On an application filed by the petitioner under Article 102(2)(b)(i) of the Constitution of the People’s Republic of Bangladesh a Rule Nisi was issued calling upon the respondent to show cause why, the detenu Amin Rasul Shagor alias Tokai Sagor, son o......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189...Category: Criminal Law | Date: | Hits: 45
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....defence party, Shamsu worked under the Chairman for any purpose Shamsu was not a good person and sometimes Shamsu used to collect subscription from boatmen during night time and even he had shown his power as a VDP man and slapped the boatmen and all these were complained to the Chairman of the Unio...... 280. Lawyers Involved: TH Khan with Subrata Saha, Md Jahurul Islam- For Condemned Prisoner Nos. 1‑5. Md. Khurshid Alam Khan‑ For Condemned Prisoner No. 6. Syed Abu Kowsar, Deputy Attorney-General with Fara Mahmuda, Assistant Attorney-General and Monowara Khatun, Assistant Attorney......kder, the elder brother of the informant Md. Somez Sikder went to Elashin Ghat to buy fish fry and while he was taking tea in the tea-stall of Habibullah at about 8-45 AM the condemned prisoner Chanu called and took Shamsu Sikder towards the east of the ghat and when they reached the land of Megha b......se before a man can be vicariously convicted for the criminal act of another, the act must have been done in furtherance of the common intention of them all. Accordingly, there must have been a prior meeting of minds. Several persons can simultaneously attack a man and each can have the same intenti..Category: Criminal Law | Date: | Hits: 36
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....লীয় জমির পরিমান .০০৪৭ অযুতাংশ” In such a manner the learned Commissioner mentioned several times about possession. A Court of law cannot delegate power to the Advocate Commissioner for ascertaining possession. Mentioning or determining possession......ate—For the Opposite Party Nos. 1 and 2. Civil Revision No. 1597 of 1999. Judgment Md. Abdus Salam J.- In this Civil Revision a Rule was issued calling upon the Opposite party Nos. 1 and 2 to show cause as to why the impugned order No.28 dated 16-3-1999 passed by Mr Aziz Ahmed Bhuiyan, le......For the Petitioners. Moinul Islam, Advocate—For the Opposite Party Nos. 1 and 2. Civil Revision No. 1597 of 1999. Judgment Md. Abdus Salam J.- In this Civil Revision a Rule was issued calling upon the Opposite party Nos. 1 and 2 to show cause as to why the impugned order No.28 dated ......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ..Category: Property Law | Date: | Hits: 28
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
....amily Court for maintenance at an enhanced rate is not maintainable. But this contention of the defendant-petitioner cannot be accepted. The Family Courts Ordinance, 1985 has been given an overriding power. Section 3 of this Ordinance provides “the provisions of this Ordinance shall have effect no......tion) Present: Nazmun Ara Sultana J Kowsar Chowdhury ……….………………….Petitioner Vs. Latifa Sultana ……………………………Opposite Parties Judgment October 28, 2001. Lawyers Involved: Mujibar Rahman, Advocate—For the Petitioner, Md. Korban...... Mujibar Rahman, Advocate—For the Petitioner, Md. Korban Ali, Advocate— For the Opposite Party. Civil Revision No. 693 of 2000. Judgment Nazmun Ara Sultana J.- This Rule was issued calling in question the judgment and decree dated 28-9-1999 passed by the Additional District Judge,...... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175...Category: Family Law | Date: | Hits: 186
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ......reme Court High Court Division (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Mirza Hussain Haider J Sew Bishar Prasad….……………Petitioner Vs. Collector of Customs, Chittagong and others…………..Respondents Judgment July 11, 2001. ......nce of the petitioner Sew Bihari Parsed, sole proprietor of Messers Bangladesh Traders, having his business office at Sena Kallyan Bhaban, Room No.901, 9th Floor, 195 Motijheal Commercial Area Dhaka, calling upon the respondents to show cause as to why the order dated 6-5-95 (Annexure-E) issued by t......ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......iaur Rahman Khan………………………Petitioner Vs. Government of Bangladesh and others……………respondents Judgment November 28, 1999. Cases Referred To- Administrator, Delta Construction Ltd Vs. Chairman, 2nd Labor Court 28 DLR 365; Ezhar Ali Mongol Vs. Goal Ras...... Moudud Ahmed, Advocate—For the Petitioner. A M Aminuddin, Assistant Attorney-General-For the Respondents. Writ Petition No. 3860 of 1998. Judgment KM Hasan J. - This Rule was issued calling upon with the respondents to show cause why the locally elected representative should not be...... of 1998. Judgment KM Hasan J. - This Rule was issued calling upon with the respondents to show cause why the locally elected representative should not be consulted in the Sammonnoy Committee meeting in accordance pith the rules as continued in Annexure-A and Government directive to that eff..Category: Administrative Law | Date: | Hits: 462
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
.... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ......of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ......Joynul Abedin J .- This is an application under section 43 of the Companies Act,1994 for rectification of the register of members of the respondent No.1, Meghna Insurance Company Limited (hereinafter called “the Company”). 2. The Company was incorporated on 18-3-1996 as a public limited compa......res as demanded by the respondent Nos.2 and 6 as a token of his promise to support them. But to his amazement and disappointment the petitioner came to know on receipt of the minutes of the emergency meeting held on 5-8-99 that the transfer of his aforesaid 10,000 shares to the respondent Nos.2 to 7..Category: Company Law | Date: | Hits: 203
Bangladesh Supreme Court Bar Association Vs. Shah Azizur Rahman, MP, 1999, 28 CLC (HCD)
....em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159.......Mustaque Ahmed, Advocates—For the Contemner. Contempt Petitioner No. 40 of 1999. Judgment Kazi Ebadul Hoque J. - This Rule was issued calling upon the contemner Mr. Shah Azizur Rahman, MP to show cause as to why a proceedings for committing contempt of this Court should not be drawn up a......, Kanailal Shaha, SH Md. Nurul Huda Jaigirder and Md. Mustaque Ahmed, Advocates—For the Contemner. Contempt Petitioner No. 40 of 1999. Judgment Kazi Ebadul Hoque J. - This Rule was issued calling upon the contemner Mr. Shah Azizur Rahman, MP to show cause as to why a proceedings for comm......n and to issue Rule against the contemner. 5. Contemner in his Affidavit clearly stated that he respects this Hon’ble Court and its Judges and though he did not make the alleged statement in the meeting held on 7-8-99 he is repentant for the untoward situation created by the publication of the ..Category: Criminal Law | Date: | Hits: 120
Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)
....cts and circumstances of the case, the impugned order does not suffer from any illegality or legal infirmity occasioning failure of justice justifying interference by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure. 6. The learned Advocate for the petiti......ce and ultimately obtained a decree therein on contest on 28-11-94 for an amount of Taka 10000.00 as dower and Taka 11,800.00 as maintenance. Subsequently, on the prayer of the petitioner judgment-debtor, the learned Family Court by his order dated 11-11-97 allowed instalments for payment of the dec......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ..Category: Family Law | Date: | Hits: 155
Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)
.... Munsif must remember that if on a meaningful not formal—reading of the plaint it is manifestly vexatious, and meritless, in the sense of not disclosing a clear right to sue, he should exercise his power under Order VII rule II, CPC taking care to see that the ground mentioned therein is fulfilled......m Habibuzzaman instituted this suit against the World Bank and seven others including the High Commissioner, Government of India, claiming damages of Taka 4,00,000 crore (four lac crore) occurred due to the construction of Farakka Barrage at Farakka in India, causing sufferings to the plaintiff and ......long plaint. In a suit for damages, the plaintiff is required to give specific instance of damages suffered by him, in details and the exact loss caused to him for which the defendant is liable to be called upon to answer his demand. Paragraph Nos. 26 and 27 of the plaint are as follows: “26. T......ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159...Category: Others | Date: | Hits: 79
....l of the respondent. So, this dispute squarely falls within the provisions of the said Act and, as such, it has been rightly found by the High Court that it is the Electrical Inspector who alone is empowered to decide the dispute. If the Electrical Inspector comes to the finding that the meter is fa.......
This Case is also Reported in: 59 DLR (2007) 690.......s—For Respondent Nos. 2-5.
Karunamoy Chakma, Deputy Attorney-General— For Respondent No. 1.
Writ Petition No. 3464 of 1996.
Judgment
Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned bill dated 1-8-1996 vide Annexure-......and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690...
Category: Others | Date: | Hits: 131
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....the legislature in scheduling only sections 463 and 471 of the Penal Code in the Provision of section 195(1)(c) of the Code of Criminal Procedure is to restrict the initiation of complaint within the power of the court before which such offences have been committed. But, on a close scrutiny, it tran...... BCR (AD) 152; Raja Kushal Pal Singh, AIR 1931 All 443; State of Gujarat vs. Bhikubhai, AIR 1965 Gujarat 70; Patal Laljibhai, AIR 1971 SC 1935; Mrs. Shahar Banoo Ziwar Sultan Beyed vs. Mrs. Wahida Khatoon 1996 BLT (AD) 154. Lawyers involved: Md. Bashiruddin Zindigir, Advocate—For the......aneous Case No. 1008 of 2001. Judgment AFM Abdur Rahman J.- The accused petitioner, Abdur Rahman, obtained this Rule on 4-2-2001, under section 561A of the Code of Criminal Procedure, calling upon the informant opposite party No. 1 Shankar Sen Gupta and the Deputy Commissioner, Chitt......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ..Category: Criminal Law | Date: | Hits: 43
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ...... Judgment June 27, 2006. Lawyers involved: Fariduddin Ahmed with Md Kamrul Islam, Advocates — For the Petitioner. (In both the Writ Petitions) Adilur Rahman Deputy Attorney-General with Md Zafor Imam, Assistant Attorney-General Shamsul Hoque and Quamrun Nessa Ratna,......cate—For Respondent No. 1 (In Writ Petition No. 3127 of 1997). Writ Petition No. 3127 of 1997 with Petition No. 3128 of 1997. Judgment Tariq-ul-Hakim J.- Rules Nisi were issued calling upon the respondents to show cause as to why the impugned judgment and orders dated 13-219......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ..Category: Property Law | Date: | Hits: 39
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