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Mahbubul Alam (Md.) Vs. Bangladesh and Others, 2006, 35 CLC (HCD)
....ase, the Rules in Writ Petition No. 2711 of 2004 and Writ Petition No.2560 of 2004 are hereby discharged without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 205. ...... (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury J Syed Refaat Ahmed J Mahbubul Alam (Md.)……………..Petitioner Vs. Bangladesh and Others…………..Respondents Judgment May 24, 2006. Lawyers involved: ......am Chowdhury J.- These two writ petiÂtions being Writ Petition No. 2711 of 2004 and Writ Petition No. 2560 of 2004 involve common quesÂtion of law to be decided by this court, Therefore, we feel it proper to dispose of both the writ petitions by a single judgment. 2. In Writ Petition No. 27......ase, the Rules in Writ Petition No. 2711 of 2004 and Writ Petition No.2560 of 2004 are hereby discharged without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 205. ..Category: Civil Law | Date: | Hits: 67
Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)
....ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42....... (Special Original Jurisdiction) Present: Md. Joynul Abedin J Nazrul Islam Chowdhury J Abdul Halim (Md.)………………………….. Petitioner Vs. Abul Hasan Chowdhury Kaiser and others…..Respondent Judgment July 23, 2001. Lawyers Involved: Khandaker Mahbubudd......either in the capacity as a Member of the Parliament or as a Member of a Parliamentary Committee or as a Minister or the Prime Minister of Bangladesh. The underlying purpose is to provide a clean and proper administration to the citizenry of Bangladesh. 12. Having judged from this yardstick, we ......ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42...Category: Administrative Law | Date: | Hits: 356
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....fter the lapse of 2 years and 6 months of the occurrence were properly identified. 18. In this connection the learned Counsel for the defence urged that with the lapse of time the dead bodies were completely decomposed and as such it become totally un-recognizable and the evidence led by prosecut...... Seraj alias Shepi..................Appellant Vs. The State...................Respondent(Criminal Appeal No.113 of 1985) Judgment November 25, 1987. Case Referred to- Zamir Hussain and ors. vs. The Crown, PLD 1949 Lahore page 170. Lawyers Involved: Serajul Huq with Abdul Mal......ing of investigation he submitted charge-sheet against 27 persons. Now we pass over to consider if the dead bodies recovered from a well after the lapse of 2 years and 6 months of the occurrence were properly identified. 18. In this connection the learned Counsel for the defence urged that with t...... the charge. They shall be set at liberty forthwith if not wanted in conÂnection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ..Category: Criminal Law | Date: | Hits: 30
Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)
....o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ......Petitioners Vs. Dr. Amanullah & the State.............Opposite Parties Judgment March 1, 1988. Lawyers Involved: M. Fazlul Karim - For the Petitioners. Nurul Islam Chowdhury and Abul Kalam Azad — For the Opposite parties. Criminal Revision No.21 of 1987. Judgment ......ashing the proÂceeding in G.R. Case No. 65 of 1986 under section 145 of the Code of Criminal Procedure, so far it reÂlates to the attachment and appointment of a receiver in respect of the schedule property in question. 2. The short fact that will be necessary for disÂposal of this Rule is tha......he learned Magistrate directed the 2nd party to file, a written statement and in reality the learned Magistrate proceeded to deÂcide the actual dispute with regard to the possession of land and this adjudication of dispute concerning possession of land is to be decided in a proceedings under sectio..Category: Criminal Law | Date: | Hits: 32
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....rices arc paid by this kind of L.C. and once goods are shipped on board the ship as per specification and as per terms and condition of credit by the seller the sale so far the seller is concerned is complete and he is to be paid. In the instant case it is in the L.C. that the Bill of exchange is to......dent Judgment July 8, 1987. Cases Referred to- 33 DLR (AD) 298, AIR 1970 (S.C.) 891, AIR 1981 (S.C.) 1426, AIR 1986 ( S.C.) 1924, AIR 1983 (Cal), 106, AIR 1986 (Cal) 356, (1958) 1 All England Report 262, (1975) 1 All England Report 107, (1978) 1 All E.R.976, (1982) 2 All England Report 7......986. Judgment Anwarul Hoque Chowdhury J.- This appeal is directed against an order dated 21.6.86 passed in money suit no. 116 of 1985 by the 3rd subordinate judge, Dhaka attaching the schedule property before judgment. 2. Facts leading to this in short are that M/S. Ahmedia Garments instit......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....o enable him If he so chooses, to make statement of his own volition and absolutely free and voluntary statement according to the best dictates of his own inner conscience. The learned Magistrate was completely satisfied that the statement was true and voluntary. This satisfaction followed out of th......€¦Complainant (Informant) Vs. Mizanul Islam alias Dablu & another……………………….Opposite Party (Appellant) Judgment May 11, 1987. Result: The Reference is accepted and the death sentence is hereby confirmed. Lawyers Involved: Kaiseruddin Ahmed, Deputy Attorn......ui for chemical examination to ascertain if blood found on those articles was of human origin or not. He marked blood stained check Lungi, Blouse and dagÂger as Exhibit A.B and C respectively and on proper examination and analysis he opined that blood on each exhibit is of human origin. His cross-e......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...Category: Criminal Law | Date: | Hits: 61
....eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
......s Case is also Reported in: 54 DLR (2002) 35.
......y way whatsoever till disposal of the Rule. But ultimately, the Rule was disposed of with the observation that the disputed question of the facts are involved in the petition which for the purpose of proper adjudication would require adducing evidence and it would be a best course on the part of the......hatsoever till disposal of the Rule. But ultimately, the Rule was disposed of with the observation that the disputed question of the facts are involved in the petition which for the purpose of proper adjudication would require adducing evidence and it would be a best course on the part of the Oil Mi..
Category: Civil Law | Date: | Hits: 115
New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33.......o legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33.......desh should not be declared to have been done illegally and without lawful authority and to be of no legal effect and or such other or further order or orders passed as to this court may seem fit and proper. 2. Dr. M. Zahir appeared on behalf of the petitioners and has submitted that the impugned......4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33...Category: Labour and Industrial Law | Date: | Hits: 96
....edings in accordance with the provisions of the Act for no arbitration agreement nor award can be set aside, amended or modified otherwise than as provided in the Act itself. The Arbitration Act is a complete code for all purposes relating to arbitration. Section 30 provides for the grounds upon whi......e is also Reported in: 54 DLR (2002) 17.......that an award has been made after the issue of an order by the Court superseding the arbitration or after arbitration proceedings have become invalid under section 35;
(c) that an award has been improperly procured or is otherwise invalid.
Section 31. (1) Subject to the provisions of this Act,......e subject matter of the reference. As has been observed by Mookerjee, J in the case of Bhajahari Saha Bankkya Vs. Behary Lal Basak (1909) ILR 33 Cal 881 at page 898, ‘the award is, in fact, a final adjudication of a Court of the parties’ own choice, and until impeached upon sufficient grounds in..
Category: Civil Law | Date: | Hits: 101
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....same trial court may by invoking the power under restore the Miscellaneous Case to its file and number upon setting aside the dismissal order to rectify the defects done by the Court's official to do complete justice and thereby to save the parties from further litigation in other provisions of the ......9.......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29...Category: Property Law | Date: | Hits: 36
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-ÂCorruption & ors., 2001, 30 CLC (HCD)
....hed barracks, construction of 4 latrines, 2 bathrooms and installation of one deep‑tubwell with electric motor for estimated cost of Taka 3,79,495 and respondent No. 6 as contractor was required to complete the work within one month from the receipt of the work order. Since respondent No. 6 failed......dhury J M Mojibul Haque…………..Petitioner Vs. DG, Bangladesh Bureau of Anti-ÂCorruption & ors……….Respondents Judgment August 9, 2001. Case Referred to- Gakul Chanda Dwarkadas Morarka Vs. King, AIR (1948)(PC) 82. Lawyers Involved: Md. Shamim‑ul‑Alam, ......l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ..Category: Anti-Corruption Laws | Date: | Hits: 138
....requisition in the eye of law. It is further stated that after the installation of Transmitter of Radio Bangladesh at Kabirpur the respondents did not require 417.40 acres of land, as the project was complete with only 200 acres of land. The remaining 417.40 acres of land became surplus. But even th......
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......elopment Corporation wanted to get the surplus land as a shooting spot. Then the Minister of Information found the land to be unsuitable for the purpose and accordingly recommended for release of the property from requisition. Consequently the Ministry of Information vide Memo dated 16-3-1985 recomm......hout lawful authority and to be of no legal effect.
In the result, the Rules are discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ..
Category: Property Law | Date: | Hits: 31
Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
....efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ......¦â€¦â€¦â€¦..Opposite Party Judgment December 2, 1999. Lawyers Involved: Md. Abul Kalam Moinuddin, Advocate—For the Petitioner. Khurshid Alam Khan with Farida Yeasmin, Shahnaj Bablee and Pankaj Kumar Kundu, Advocates — For the Opposite Party. Civil Revision No. 1637 of 1999. ......efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ......ok the view that onus of proving documents are upon that party who produces those and opinion of the handwriting expert was not material. Further view taken was that the cardinal point which requires adjudication in the suit is whether the plaintiff and defendant are wife and husband and the same ca..Category: Family Law | Date: | Hits: 185
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19.......din Ahmed, respondent No. 4 of this election petition, prays for dismissal of the election petition No. 2 of 2001 pending before this Court stating, inter alia, that the petitioner Idrish Ali Bhuiyan and the respondent No. 4, i.e. the present petitioner Dr. Alauddin Ahmed, and some other respondents......ubul Islam Bhuiyan, the learned Advocate for the election petitioner, submits that in the election petition, the petitioner complied with the provisions of Articles 50 & 51 of the People's Order 1972 properly and, as such, the election petition cannot be dismissed for noncompliance of the aforesaid ......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19...Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ......2003) 17. ......ted later that the plaintiff No. 2's own purchased lands comprising 1.88 acres of land which are under the exclusive possession of the petitioner‑plaintiff No. 2 were wrongly included in the ejmali property and, as such, the whole preliminary decree based on wrong description of the property in th......by way of an appeal and this court according to him, has no jurisdiction to allow the amendment which will cause disturbance to the preliminary decree and the suit shall have to be reopened for fresh adjudication causing serious injury to the defence. 11. Now the question arises whether the Court..Category: Property Law | Date: | Hits: 34
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ......o Reported in: 52 DLR (HCD) (2000) 99. ......t) Act, 1994 (Act No. XX of 1994) should not be struck down for being ultra vires of the Constitution and violative of the principle of natural justice. 2. Facts, in short, are that petitioners’ property measuring 5.59 acres in mouza Baruiagram of Police Station Savar, Dhaka has been acquired i......ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ..Category: Alternative Dispute Resolution | Date: | Hits: 191
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......High Court Division (Special Original Jurisdiction) Present: Syed JR Mudassir Hussain J Md. Arayesuddin J Humayun Majid…….Petitioner Vs. Bangladesh Bureau of Anti-Corruption and ors………..Respondents Judgment December 3, 2000. Case Referred To- Durga Das v......namely M/S M Enam Elahi & Brothers was treated on dissolution as the sole proprietary business concern with its goodwill, etc along with moveable, immovable and the liabilities including the case property, fell into the share of and was taken over by the former partner Abdul Majid, father of the......t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ..Category: Anti-Corruption Laws | Date: | Hits: 232
Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)
....t it has no right to ignore the evidence on record and to resort to surmises and conjectures in reaching his conclusions. The procedure adopted by the learned Additional District Magistrate betrays a complete lack of application of the judicial mind into the facts and circumstances of the case and t...... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Gour Gopal Saha J Jahiruddin Ahmed………………………………Petitioner Vs. Yasinuddin and others………………………Opposite Parties Judgment June 3, 1998. Lawyers Invo...... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97....... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97...Category: Criminal Law | Date: | Hits: 30
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....nt No. 1 would be at liberty to transfer the land anywhere. As the plaintiff failed to take the sale deeds as per terms of the contract within the time the transaction under the contract could not be complete and the agreement expired. 15. Further case of defendant No. 1 was that pro‑forma defe......ed in: 56 DLR (2004) 39. ......at there is no Mention Of Such endorsement and/or acknowledgment in the paint and without any proof thereof. 22. Next, lie submitted that Mohammadi Housing Ltd was neither a necessary party not, a proper party to be added as defendant No. 4 in the suit. It was now proved the Company was impleaded......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ..Category: Civil Law | Date: | Hits: 78
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
.... and the National Bank Ltd, had no right or authority to revoke authorisation causing non‑payment to them. The learned Advocate refuted the contentions of Dr. M Zahir that negotiation would only be completed on handing the documents to the LC issuing bank but strenuously contends that the question...... Ed. This Case is also Reported in: 56 DLR (2004) 15. ...... having been forwarded to the National Bank Ltd., Khulna, within the said period there was no negotiation within the meaning of the terms and conditions of the letter of credit. As such, there was no proper negotiation. Besides, he submits that the plaintiff Habib Bank Limited never made any payment...... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ..Category: Business or Commercial Law | Date: | Hits: 202
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