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Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)

.... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98.......ced by the plaintiff are marked Exhibits 1 to 7, while those of the defendant are marked Exhibits "Ka' to 'Jha". 9. The plaintiff filed some documents in support of her contention. The plaintiff's power of attorney dated 17-9-1999 is Exhibit 1, certified copy of the CS khatians are Exhibits 2 to ......charged. Cases Referred To- Sadek Ali vs Suruj Ali and others 7 DLR 94; Abdul Kader Rari and others vs Kaiser Ahmed Howlader 3 MLR 227 = 4 BLC 17; Parkash Chand vs Hans Raj, AIR 1994 HP 144; Santosh Kumar Chakraborty vs MA Motaleb Hossain 36 DLR (AD) 248; Government of Bangladesh represented b...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98...

Category: Property Law | Date: | Hits: 49

State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)

....pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......es on the confessional statement and stated that the accused confessed voluntarily. In his cross-examination, he stated that he had been a Magistrate for 3 (three) years, but did not have First Class power and that he recorded that confessional statement on the order of the Deputy Commissioner. He s......xas, 509 US 350, 359-362 (1993); Sheela Barse vs Secretary, Children's Aid Society and others, 1987 (3) SCC 50; Asiman Begum vs. State, 51 DLR (AD) 18. Lawyers involved: Fahima Nasrin, Deputy Attorney-General with Md. Jamil Akhter Elahi, Assistant Attorney-General—For the State-Petitioner. ......t to be tried. As a matter of fact, the very first question to be ascertained before proceeding with the trial is, whether the accused has the capacity to be tried. This aspect is generally taken for granted and is so obvious as to defy contemplation. In English Law, it is irrebuttably presumed th..

Category: Criminal Law | Date: | Hits: 167

Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)

....mits that there was no valid contract between the plaintiff and defendant No. 1. He refers section 22 of the Specific Relief Act which provides that the jurisdiction to decree specific performance is discretionary, and the Court is not bound to grant such relief merely because it is lawful to do so;......ruct six-storied apartment building on the schedule premises; that the defendant No. 1 executed registered mortgage deed No. 11056 dated 16-7-1997 and also executed registered irrecoverable general power of attorney No. 11058 and all charge documents in favour of defendant No. 4; that the plaint......s directed against the judgment and decree dated 20-11-2002 passed by the learned Joint District Judge, First Court, Dhaka, in Title Suit No. 232 of 1999, decreeing the suit. 2. Short facts leading to this appeal are, that on 12-1-1999 the respondent No. 1 as plaintiff instituted Title Suit No. 23...... the plaintiff and defendant No. 1. He refers section 22 of the Specific Relief Act which provides that the jurisdiction to decree specific performance is discretionary, and the Court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the Court is not arbit..

Category: Business or Commercial Law | Date: | Hits: 208

SM Hasan Faruqi and others Vs. Controller of Examination, National University, and others, 2005, 34 CLC (HCD)

....e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority. Ed. This Case is also Reported in: 59 DLR (2007) 58. ......tice to show-cause and prayed for exoneration from the charge. 8. There is no denying that Jatio Bishshbidyaloy Parikkha Regulation, 1999 (the Regulation, in short) was made thereunder to vest all powers and responsibility in the National University to conduct all examinations fairly and properly......ination, National University, and others………..Respondents Judgment May 4, 2005. Lawyers involved: Md. Tajul Islam, Advocate—For the Petitioners AHM Mushfiqur Rahman, Assistant Attorney-General — For the Respondents. Md. Ruhul Amin Bhuiyan, Advocate — For Respondent Nos. ......ment he did not take into account the human aspect—the effect upon the future careers of the petitioners. It is stated that the impugned order of punishment has touched the right of the petitioners granted under Articles 27, 31 and 35 of our Constitution, since they have been deprived of being hea..

Category: Others | Date: | Hits: 72

Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)

....expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ......ces under this Ordinance and such other offences under any other law as the Government may, by notification in the official Gazette, specify in this behalf; (d) exercise and perform such other powers and functions as are or may be conferred upon or assigned to it by or under this Ordinance or......r 1 MLR 199. Lawyers involved: Md. Nawab Ali, Advocate—For the Petitioner. Tufailur Rahman with Israt Jahan, Advocates—For the Respondent No. 2. Zaman Akhter, Deputy Attorney-General with Sk Taimur Reza Hasan, Assistant Attorney-General—For the Respondents. W......expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ..

Category: Labour and Industrial Law | Date: | Hits: 108

AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)

....f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ......It has further been stated by the respondent No. 2 that to clear up the principal dues of the petitioner the respondent No. 2 along with business partner Mr. Shahjahan Chowdhury gave the petitioner a power of attorney to sell a piece of land situated at Iswardi which the petitioner on the strength o......eement on 26-10-89 and subsequently, another agreement was also executed on 13-11-89 between the respondent No.2 and the petitioner. The petitioner has contended that the respondent company entered into an agreement being agreed by all its directors that an amount of Taka 5,00,000.00 is needed to in......f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ..

Category: Company Law | Date: | Hits: 239

Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)

....ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......nancy agreement to Esso Standard Eastern Co. for constructing a petrol pump and after liberation the said petrol pump was transferred to Meghna Petroleum Co. Ltd, and thereafter, the plaintiff gave a power of attorney in favour of his brother opposite party No. 1 Azmal Khan to look after his share o...... Sheikh Abdul Awal J Afzal Khan (Md)..............................Petitioner Vs. Md. Azmal Khan and others………………Opposite Parties Judgment February 7, 2006 Cases Referred to- Kazi Abdul Khaleque vs. Kazi Fazlur Rahman 34 DLR 278; Badhu and others vs. Ghulam Shah 15 DL......ted in the application dated 3-5-2003, recorded beyond pleadings, is expunged. The trial Court is directed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (20..

Category: Property Law | Date: | Hits: 42

Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)

.... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30....... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30.......nts Vs. State..............Respondent Judgment February 13, 2006. Lawyers involved: SM Shahjahan for Abdul Malek, Advocate—For the Appellants. Sheikh Rezaul Karim, Assistant Attorney-General-For the Respondent. Criminal Appeal No. 1808 of 2002 with suo moto Rule No. 122 (R...... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30...

Category: Criminal Law | Date: | Hits: 44

Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)

.... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ...... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ......eikh Abdul Awal J Jugal Kumar Das (Shovon Ahmed)………….. .Appellant Vs. State......................…………………………….….Respondent Judgment October 30, 2004 Lawyers involved: Shareef Ahmad, Advocate—For the Appellant. ...... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ..

Category: Criminal Law | Date: | Hits: 40

Abul Kashem Vs. State, 2005, 34 CLC (HCD)

....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......offender in respect of the offence or taking steps to see whether there is any basis for initiating judicial proceedings or for other purpose. 30. It is a fact that the Magistrate has got wide power under section 190(1)(c) of the Code of Criminal Procedure to take cognisance of any offence ev......�………………………..Opposite Party Judgment August 31, 2005. Lawyers involved: Maqbul Ahmed, Advocate — For the Petitioner. Shamim Ara Dora, Assistant Attorney-General with Shirin Afroz, Assistant Attorney-General—For the State. Criminal Revisi......re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ..

Category: Criminal Law | Date: | Hits: 41

Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)

.... decision in In re Bell Brothers Ltd. (1891 1 ILR 689) as an illustration of the power of the directors to refuse registration of transfer. The relevant article in the case of Bell Brothers conferred discretionary power on the directors to refuse registration of transfer of shares on the ground that...... to register the transfer without assigning any reasons for the refusal. The company thought it lawyer also replied to the legal notice on 1-1-1994 stating that the board had acted in exercise of the power reserved to it by the Articles of Association of the company. The relevant article being Artic......, 1995. Cases Referred To- Shoaib (Md) Vs. Uttara Bank Ltd and another 43 DLR 329; State Vs. Indian Chemical AIR 1957(Orissa) 203; B Choukhani Vs. Western Indian Theatres Ltd. AIR 1957; Bajaj Auto Ltd. Vs. N K Firodia AIR 1971(SC) p-321; Halgh Vs. Arderna Cinemas Ltd. 1951 C. 286; (1950) 2 All......ed on the Stock Exchange. The petitioner is also entitled on the aforesaid undertaking given by company to the Dhaka Stock Exchange and the company is also estopped thereby. It is also submitted that grant of such power is held to be valid, such power is not uncontrolled and unfettered but has to be..

Category: Company Law | Date: | Hits: 181

Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)

....ncidentally arise are whether this court can interfere with the order of Election Tribunal in exercise of its Revisional Jurisdiction and whether it is proper for this court to interfere with the discretionary order of the Election Tribunal. 2. The following circumstances gave rise to this ru......e status of the Election Tribunal. Apart from this he has submitted that there are indications enough in rule 47, 48 and 49 under Ordinance 51 of 1983 to hold that the Election Tribunal had all the power of the Civil Court including the power to issue an order of injunction as an interlocutory m......Present: AKM Sadeque J Mahmud Hussain...........................Petitioner Vs. Sayeb Ali & ors.............................Opposite party Judgment December 6, 1988 Cases Referred to- 27 DLR 388, 28 DLR 189, 29 DLR 111, 38 DLR (AD) 172, 37 DLR 71, 38 DLR (AD), 172, 38 DLR (HC......y the Election Tribunal, Golapgonj, Sylhet by his judgment and order dated 22.9.88 rejecting the prayer for temporary injunction on the sole ground that the Election Tribunal had no jurisdiction to grant the injunction prayed for. 3. Being aggrieved by this order rejecting the prayer for tempor..

Category: Election Law | Date: | Hits: 100

Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)

....part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37....... of the Penal Code are very much attracted in this case. Exception 1 of section 300 of the Penal Code reads as follows:- "Culpable homicide is not murder if the offender, while deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the p......howdhury J Muhammad Ansar Ali J Momin Malitha & ors......................... Appellant Vs. State ...............................Respondent Judgment April 24, 1988 Cases Referred to- 1987 BLD (AD) 265, 1985 B.C.R. (AD) 315, AIR 1936 (Rangoon) 526 & AIR 1934 (Lah.) 345, 1987 ......part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37...

Category: Criminal Law | Date: | Hits: 52

Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)

....he subordinate courts in the exercise of their jurisdiction and not those which are made in their discretion, unless the discretion is exercised fancifully or arbitrarily. The power to add a party is discretionary and unless that power was exercised arbitrarily or fancifully it cannot be interfered ...... competent courts all over this sub-continent including the High Court of Judicature of Indian Jurisdiction. 9. This addition of parties or rejection of addition of parties, in exercise of the power under Order 1, rule 10, being a discretion of a Court, may not be interfered with unless it co......dhury J Ishaque Hossain Chowdhury...........................Petitioner Vs. Mrs. Shamsun Nessa Begum & ors.................Opposite Party Judgment November 28, 1988 Case Referred to- Amal Kumar Moitra Vs. Mashiur Rahman, 30 DLR (SC) 244. Lawyers Involved: Abdul Aziz Cho......uit it is not enough that he has interest in the property of the suit but that his presence is necessary to determine all the questions involved in the suit in question. Hence, the court will not grant leave to add parties where it would not introduce a new story or a cause of action with which ..

Category: Property Law | Date: | Hits: 39

Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)

....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......making the order that the petitioner is to repay the entire money due to the complainant opposite party has got substance. Mr. Abdul Momen Chowdhury very candidly submitted that the Court has no such power and he is unable to support this part of the order passed by the Court below. A criminal court......nal) Present: A M Mahmudur Rahman J Mohammad Musa................. Petitioner Vs. Kabir Ahmed........................Opposite Party Judgment February 4, 1988. Case Referred to- Nasiruddin Mahmud & others Vs. Momtazuddin & another 36 DLR (AD) 14. Lawyers Invol......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ..

Category: Criminal Law | Date: | Hits: 37

Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)

....s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......be ordered by the Executing Court. The learned Subordinate Judge there upon passed the following order No.5 dated 20.4.86:- "The Bangladesh Shipping Corporation files a petition along with a fresh power praying for time for depositing the decretal amount into the Court on the ground stated in the...... Judgment April 28, 1987. Lawyers Involved: Ahsanul Kabir, Advocate - For the appellant. A.K.M. Shafiqur Rahman with Mostafa Kamal Pasha, Advocate - For the respondent. Cases Referred to- Md. Nurul Islam vs. Md. Abdur Rashid and oths.983BLD (AD) 310; Sardhri Lal vs. Ambika Pershad......he Bangladesh Shipping Corporation to deposit the decretal amount of Tk.8,75,739/97 including interest and cost, that the executing Court allowed the prayer of the Bangladesh Shipping Corporation and granted time till 1O.5.86 to deposit the said decretal amount in the Court on the ground stated in t..

Category: Admiralty Law or Maritime Law | Date: | Hits: 212

Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)

....s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31.......sion was passed on 19.11.861md the charge-sheet under Statute 7 was framed on 15.12.86. Mr. Moinul Hossain as such submits that the order of suspension was illegal having been passed in derogation of powers under Clause(2) of Statute 15. 11. Mr. Rafiqur Rahman, learned Advocate for the respondent......d against an office order dated 19.11.86 (Annexure B) passed by the respondent no. 2, the Vice-Chancellor and issued under the signature of the respondent no. 4, the Assistant Registrar and Secretary to the Vice-Chancellor, Bangladesh University of Engineering & Technology, Dhaka suspending the ......s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31...

Category: Criminal Law | Date: | Hits: 74

Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)

....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......angladesh .................................................Respondent Judgement April 10, 1986. Lawyers Involved: Abdus Sattar Howlader - For the appellant. Fakhrul Islam, Assistant Attorney General - For the Respondent. Second Appeal No. 855 of 1966 Appeal preferred against th......as directed to give up the possession and thus he was threatened with dispossession; that he was a rightful tenant under the defendant and the Collector of the district was the competent authority to grant settlement of the Government khas land and he did not violate any terms of the kabuliyat. 3..

Category: Property Law | Date: | Hits: 36

KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)

.... Before the decree is passed in a suit fixed for hearing in default of written statement, the defendants may come to the Court and file a written statement and it remains in the domain of the Court's discretionary jurisdiction as to whether the written statement should be accepted or not. The defend...... 39 DLR 11, to which one of us was a party, in support of this submission of his. It is also his submission that the question of res judicata does not arise and in any case this is not an exercise of power under section 151 of the Code of Civil Procedure, but an exercise of discretion of the Court, ......costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......efendant in two suits, and plaintiff in one. Written statements were filed, issues were framed and repeated adjournments were taken, on the ground of reaching a compromise. Lastly, no adjournment was granted on the ground of compromise and the three suits were fixed for final hearing on a certain da..

Category: Civil Law | Date: | Hits: 83

Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)

....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......rliament Member. These statements in Bengali in fact are identical with the statements which we have seen mentioned above published in the two Daily English Newspapers. 8. It is submitted that all powers in the Republic belong to the people and their exercise on behalf of the people can be affect......t: Md. Mozammel Hoque J Md. Abdur Rashid J Ataur Rahman Khan…………………………Petitioner Vs. Md. Nasim and another……………………….Respondents Judgment October 28, 1999. Cases Referred To- Cyril Sikdar Vs. Nazmul Huda, 46 DLR 555; AIR 1965 (SC) 745......ding there that the Higher Court is patronizing the terrorists, Nasim Tells JS (by staff correspondent). The Home Minister Mr. Mohammad Nasim has accused the Higher Courts of patronising terrorist by granting them bail indiscriminately. The Home Minister made the statements in the Jatiya Shangshad w..

Category: Criminal Law | Date: | Hits: 54

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