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Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....usedpetitioner calling upon the Deputy Commissioner,Dhaka show cause as to why the proceedings ofSpecial Case No.2 of 2003 arising out of GR No.80of 2002 corresponding to Motijheel PS CaseNo.1(8)2002 dated 1-8-2002, now pending in the Court of Divisional Special Judge, Dhaka should notbe quashed and......was allotted a Plot at Banani as per rule, as she did not take Nikunja Plot and it is clear or plain reading of first information report and charge sheet that the petitioner had no role or act in the decision of allotment of plot. Her only role was to apply for the plot. There is no involvement of t..Category: Criminal Law | Date: | Hits: 137
Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....wyers Involved: Tawhidul Islam, Advocate - For the Petitioner. Writ Petition No.5935 of 2008. Judgment Nazmun Ara Sultana J.- This rule Nisi was issued calling in question the order No.69 dated 13-5-1998 passed by the 2nd Artha Rin Adalat, Chittagong in Mortgage Suit No.6 of 1988 making ......at since in this writ petition the final decree passed by Artha Rin Adalat has been challenged this writ petition is not maintainable. In support of this contention the learned Advocate has cited a decision of the Appellate Division reported in 46 DLR (AD) 191. The learned Advocate has argued that..Category: Civil Law | Date: | Hits: 134
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
.... Judgment Mamnoon Rahman J.- In an application under section 115(1) of the Code of Civil Procedure, Rule was issued calling upon opposite parties to show cause as to why the judgment and decree dated 2-6-1998 passed by the Additional District Judge, Rangpur in other Appeal No.18 of 1996 affirm...... which clearly shows that just to frustrated the registered deed of the petitioners the plaintiff instituted the present suit in hand. In support of his contention the learned Advocate referred the decisions reported in 40 DLR 271, 3 BLD 258, 17 BLD (AD) 328 = 50 DLR (AD) 13, 36 DLR (AD) 248 and 5..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....e been called upon to show cause as to why the impugned notification vide memo No. নিকস/পৌর-১/১(২৪)পৌরঃসাধাঃ নির্বাঃপরি/২০১০/৭৮ dated 2-12-2010 including the names of Paurashavas namely Cox's Bazar, Sadar, Chakaria, Teknaf and M......mentary affidavit. Accordingly, he submits that this Hon'ble Court for the cause of justice may consider the subsequent events. In support of the said contention the learned Advocate has referred the decisions in the cases of Abul Kalam Shamsuddin Vs. Anti-Corruption Commission, reported in 14 MLR..Category: Election Law | Date: | Hits: 217
Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
....Ara Dora, Assistant Attorney-General—For the State. Criminal Appeal No.682 of 1993. Judgment Md. Abdul Quddus J.- This appeal is directed against judgment, order of conviction and sentence dated 17‑11‑1992 by Sessions Judge, Chandpur in Sessions Case No.8 of 89 arising out of Matlab P......ed a Salish held at 8‑00 PM on 1‑7‑1988 in Master Bazar over a quarrel between Karmachari of the tea stall of Abul Khair with Karmachari of Abul Kalam. 3. After said Salish Julfu Master gave decision against Karmachari of Abdul Khair with fine of Taka 50. At this Abul Khair became agitated ..Category: Criminal Law | Date: | Hits: 97
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....as, Advocate‑For the Opposite Parties. Civil Revision No.6262 of 1991 (Dhaka) Civil Revision No.189 of 1988 (Jessore) Judgment Gour Gopal Saha J.-This Rule is directed against the order dated 26‑4‑1988 passed by the learned Assistant Judge Keshabpore, Jessore in Miscellaneous Case ......or "his presence is necessary" in order to dispose of the suit/case completely and effectually. The object of this wide discretion given to the court is to avoid multiplicity of suits and conflict of decisions. This rule empowers the court to implead any person as a party even suo motu under certain..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....entered appearance on being called upon to assist the Court, for the expeditious disposal of the Rule the personal service of the copy of the Rule on the respondents was dispensed with while fixing a date of hearing of the Rule. 2. In the application the petitioner, Mr. Shamsul Haque Chowdhury wh......ting to interpretation of the Constitution as the authority of a person holding a very high and exalted office of a Judge of Appellate Division has been challenged in the writ petition calling upon a decision from the Judges of the High Court Division of the Supreme Court for the first time in the l..Category: Constitutional Law | Date: | Hits: 353
....Advocate - For Opposite Party.
Civil Revision No.4438 of 1997.
Judgment
Mahmudul Amin Choudhury J.- This Rule was issued calling upon the plaintiff-opposite party No.1 to show cause why order dated 17-8-97 passed by the learned Subordinate Judge and Artha Rin Adalat No.2, Dhaka in Title Suit......g the legal position the petitioner may seek relief under section 115(1) of the Code of Civil Procedure. The Division Bench has held that “where no appeal lies” section 115 of the Code lies. That decision was given in a Writ petition and it was held that when an application under Section 115 of ..
Category: Civil Law | Date: | Hits: 135
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....d. Ozair Farooq, Advocate - For the Opposite Party No.5. Civil Revision No.3460 of 1995. Judgment MA Aziz J.- The Rule at the instance of the defendants calls in question the judgment decree dated 17-7–95 allowing Title Appeal No.88 of 1993 by the learned Subordinate Judge, Noakhali and d...... have miserably failed to prove their case. 7. The plaintiffs preferred Title Appeal No.88 of 1992 and the learned Subordinate Judge, Noakhali by his judgment and decree dated 17-7-95 reversed the decision of the trial Court, and thus being aggrieved, the defendants have challenged the said decis..Category: Procedural Law | Date: | Hits: 103
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
....eral - For the State. Criminal Revision No.1592 of 1994. Judgment Mahmudul Amin Choudhury J.- This Rule was issued calling upon the Deputy Commissioner, Sunamganj to show cause why the order dated 4-10-94 passed by the learned Additional Sessions Judge, Sunamganj in Sessions Case No.27 of 1......re available and a Magistrate may take cognizance on the basis of those materials which has been done in the present case. In support of his submission the learned Assistant Attorney-General placed a decision reported in 16 DLR 255 Abdul Wadud Khandaker Vs. State. In that case the court inspector su..Category: Criminal Law | Date: | Hits: 102
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....nstitutional position obtaining in our country. The learned Advocate relying upon Article 25 of our Constitution contended that Anup Chetia, if extradited to India the Government would violate the mandate of Article 25. The contention on the facts of this case is totally misconceived. Rather the Gov......ion is also liable to be rejected on the ground of prematurity. 12. As this case is of first impression we are inclined to consider the contention raised at the Bar on merit. Before we examine the decisions and the views expressed in the case relied upon by the learned Advocate for the petitioner..Category: Constitutional Law | Date: | Hits: 421
.... For the Respondents.
Appeal From Original Order No.52 of 1992 with Civil Rule No.58 (fm) of 1992.
Judgment
Mahmudul Amin Choudhury J.- This appeal is directed against the judgment and order dated 9-3-92 passed by the learned Subordinate Judge, Chandpur in Miscellaneous Case No. 59 of 1990 ...... there is no bar in it and in support of his submission he placed reliance in the case of Hajee Majar Ullah Sowdagar Vs. Mvi Nurul Haque & ors, reported in 23 DLR 68. It is submitted that in this decision a Division Bench of this Court found that one pre-emption case for different kabalas is mai..
Category: Property Law | Date: | Hits: 113
....ment of respondent No.4 as Government pleader of Dhaka vide Annexure-A to the writ petition should not be declared to have been made and passed illegally and without any lawful authority (a per order dated 6-11-96).
2. It is the case of the petitioner that he was enrolled as an Advocate by the Ba......hment of a Government Pleader, then he shall submit it to the Commissioner who will again report it to the Legal Remembrancer and the Legal Remembrancer will take the matter before the Government for decision. This is the only provisions we find in the whole Manual of the Legal Remembrancer.
12. ..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....how cause as to why the Indemnity (Repeal) Act, 1996, should not be declared void, illegal, ultra vires the Constitution and are of no legal effect and as to why the Dhanmondi PS Case No.10 (10)/1996 dated 2‑10‑96 and Lalbagh PS Case No.11 (11)/75 dated 4‑11‑75 should not be declared illegal......demnity (Repeal) Act No.21 of 1996 void or ultra vires the Constitution does not arise at all. He further submits that the views expressed in Dosso's case, 11. DLR (SC) 1, in fact, were buried by the decision given in Asma Jilani's case, viz. Asma Jilani Vs. Government of Punjab, PLD 1972 (SC) 139. ..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....tion 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite-party to show cause as to why the proceedings of GR No.117 of 2005 arising out of Gaibandha PS Case No. 7 dated 7-4-2005 then pending in the Court of Magistrate, First Class, Gaibandha, should not be quashe....... At last the learned Advocate submits that during investigation of this case, quashment proceeding under section 561A of the Code of Criminal Procedure can not be entertained in view of the case decision reported in 60 DLR (AD) 1. 6. We have gone through the first information report which cl..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....am Mahmud, Advocates—For Respondent No.6. Writ Petition No.1031 of 2003. Judgment Md. Tafazzul Islam J.- This Rule was issued calling upon the respondent to show cause as to why the order dated 5‑1‑2003 passed by the respondent No.4 rejecting the Appeal filed by the petitioner and t......ing's case AIR 1978 SC 851 the election disputes were in respect of election of Members of the Parliament of India and in 41 DLR (AD) 68 and 42 DLR (AD) 137 the Appellate Division relied on the above decisions for holding that writ jurisdiction cannot be invoked in such election dispute even of Un..Category: Election Law | Date: | Hits: 211
.... Advocate—For the Petitioner.
Syed Ishtiaq Ahmed, Counsel—For Opposite Party No.1.
Civil Revision No.2611 of 1996.
Judgment
Gour Gopal Saba J.- This Rule is directed against the order dated 5‑8‑1996 passed by the Subordinate Judge and 2nd Court of Artha Rin Adalat and Commercial ......the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417...
Category: Civil Law | Date: | Hits: 101
....ocates—For the Petitioner.
Syed Ziaul Karim with UF Ahmed, Advocates—For the Opposite Party.
Civil Revision No. 28 of 2000.
Judgment
Md. Awlad Ali J.- This Rule arises out of an order dated 30‑9-1999 passed by the Assistant Judge, 1st Court, Dhaka in Title Suit No.238 of 1999 rej......he said election are illegal and without jurisdiction and that the election dated 13‑12‑1997 and the executive committee constituted under the election are required to be declared as void and the decision of the committee is not binding upon the general member of the society.
3. The defendant..
Category: Procedural Law | Date: | Hits: 124
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.....3257 of 1991(Dhaka) Civil Revision No.117 of 1990(Barisal) Judgment Mohammad Fazlul Karim J.- This Rule, at the instance of the plaintiff-petitioner, is directed against judgment and decree dated 5‑5‑90 passed by the Additional District Judge, 1st Court Barisal in Title Appeal No.103 o......President’s Order No.88 of 1972 on 3-8-72 and, as such, the transaction is past and closed. This finds support in the case of Bangladesh Vs. Haji Abdul Gani reported in 32 DLR (AD) 233. In a recent decision in the case of Abdul Khaleque Sarnamat Vs. Abdul Kkaleque Sarnamat and another reported in ..Category: Property Law | Date: | Hits: 114
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....and 19(f) of the Arms Act and sentenced to suffer rigorous imprisonment for 10 years and 7 years respectively with a direction that both the sentences will run consecutively by the judgment and order dated 17‑4‑1993 passed by the Special Tribunal Judge, Court No.17, Dhaka in Special Tribunal Cas......ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ..Category: Criminal Law | Date: | Hits: 74
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