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.... of the Constitution, a Rule was issued calling upon the contemners-respondents to show cause as to why they should not be proceeded against for contempt of Court for violating the Judgment and order dated 26-8-2003 passed by the High Court Division in Writ Petition Nos.7127, 4560 and 4702 of 2002 a......ination as illegal and void. For proper appreciation, let us quote the order portion of the Judgment which runs as follows:
''In light of the above, it is evident to this Court that the arbitrary decision by respondent No.1 as to effect by respondent No.2 to issue wholesale denomination letters ..
Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
.... Civil Revision No. 1161 of 1991. Judgment Syed Amirul Islam J.- This Rule obtained on an application under section 115 of the Code of Civil Procedure is directed against the Judgment and Order dated 19.11.1990 passed by the learned Additional District Judge, Kushtia in Miscellaneous Appeal No......nceived and not maintainable in law but both the Courts below overlooking this legal aspect of the case allowed the case illegally and the same has caused an error of law resulting in an error in the decision occasioning failure of justice. In support of his contention the learned Advocate refers to..Category: Property Law | Date: | Hits: 70
Prodip Kumar Dutta & another Vs. Mira Rani Dutta and another, 2004, 33 CLC (HCD)
....ision No. 380 of 2003. Judgment Md Abdur Rashid J. - Brother and mother obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 19‑1‑03 passed by Joint District Judge, Court No. 1 at Moulvibazar in Succession Case No. ......to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571...Category: Property Law | Date: | Hits: 69
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....m Hossain ‑ For Respondent. First Appeal No. 68 of 2002 with Civil Rule No. 282 (F) of 2002. Judgment Md. Abdur Rashid J. - Defendant No. 14 presented the appeal against the decree dated 22‑11-01 passed by the Fifth Court of Joint District Judge at Dhaka in Title Suit No. 135 ......s also discharged with cost. Order of stay granted at the time of issue of the Rule on 19‑6‑02 staying further proceeding of the execution case is hereby recalled and vacated. In view of above decision, the application of third party for addition does not deserve any consideration and is acco..Category: Property Law | Date: | Hits: 85
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....hmed with A.F.M. Mesbahuddin - For the opposite party. Civil Revision No.742 of 1987. Judgment Latifur Rahman J.- In this Rule the defendant judgment-debtor has challenged order Nos.9 and 10 dated 3.6.87 and 17.6.87 respectively passed by the Subordinate Judge and Commercial Court No.1, Dha......ard pendente lite interest. In the present case the trial Court had adjudged the principal sum and has ordered for payment of interest 15% per annum till realisation. Mr. Hossain has submitted four decisions for our consideration. Firstly, he cited a case reported in AIR 1940 (Madras) 29. Tha..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....6. Judgment Anwarul Hoque Chowdhury J.- This Rule arises out of an application made under sections 435 and 439 of the Code of Criminal Procedure and is directed against the judgment and order dated 30.8.86 passed by the Additional Sessions-Judge, 3rd Court, Dhaka in Criminal Appeal No.306 of...... an important question of law as to the position of an accused who had not surrendered while moving an application in Revision or filing an appeal before this Court. 8. A similar point came up for decision before the Federal Court of Pakistan in the case of Chan Shah Vs. The Crown, reported in PL..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....passed by Mr. Sheikh Rezwan Ali, Special Tribunal constituted under the Special Powers Act for disposal of the case involving the offences of smuggling. The Special Tribunal by his judgment and order dated 23.6.87 found appellant Mir Rafiqul Haider guilty of the charge under section 25B (1) of the S...... 634. As the statement Ext.2 was written by the appellant while in custody the same cannot be considered as evidence and it is barred under section 24 of the Evidence Act. Agreeing with the aforesaid decisions we are of the view that the trial Court has committed illegality in placing reliance on ..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....sit of rent in the office of the Controller protects a tenant only where the deposit is made on the refusal of the landlord to accept the rent remitted by postal money order within a fortnight of the date on which rent so remitted is returned to the tenants by the postal authorities as undelivered. ......er by filing an application is not a 'case' within the meaning of section 2 of the President's Order No.12 of 1972 and section 4 of the Order has no role to play in this case. In this respect the decision reported in 8 DLR 272 may profitably be referred to. Moreover, the intention of the law mak..Category: Property Law | Date: | Hits: 66
....ion No. 471 of 1986.
Judgment
Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls into question the judgment and order dated 13.8.86 passed by the Chairman, 2nd Labour Court, Dhaka, respondent No.1, in Complaint Case No......he complaint case was barred by limitation and the Labour Court was obviously outside its jurisdiction to entertain the same.
10. Section 25 (1) (b) provides that if the employer fails to give a decision under clause (a) or if the worker is dissatisfied with such decision, he may make a complai..
Category: Labour and Industrial Law | Date: | Hits: 166
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....of 2003. Judgment Mir Hashmat Ali J. - This Rule under sections 115(1) of the Code of Civil Procedure was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 8‑1‑2003 passed by the learned Additional District Judge, 3rd Court, Kishoregonj in Miscel......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ..Category: Property Law | Date: | Hits: 62
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....as issued at the instance of accused‑petitioner Basiran Bewa on an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the order dated 26‑2‑2003 passed by the Sessions Judge, Tangail in Sessions Case No. 32 of 2003 directing ......titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ..Category: Criminal Law | Date: | Hits: 81
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....ul Wahab Miah with M Enayetur Rahim, Advocates - For the Opposite Parties. Civil Revision No. 821 of 1996. Judgment Syed Amirul Islam J.- This Rule is directed against the judgment and order dated 12.2.96 passed by the learned Assistant Judge, Laksam Thana Assistant Judge’s Court at Comil......r Order 9 rule 13 of the Code of Civil Procedure filed by the opposite party Nos. 1-9 before the Court is absolutely misconceived and not tenable in law. In support of his contention he relies on the decision reported in AIR 1923 (All) 30. 7. Mr. M Enayetur Rahman, the learned Advocate appearing ..Category: Procedural Law | Date: | Hits: 67
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
....itioner. Kaiseruddin Ahmed, Deputy Attorney-General - For the Respondents. Writ Petition No.1541 of 1997. Judgment Md. Mozammel Hoque J.- This is an application for review of the Judgment dated 4-6-97. It is submitted by the learned Advocate that there are some omissions in the judgment ......ome omissions in the judgment for which it will be difficult for the petitioner to get the appropriate relief. It is submitted by the learned Advocate that the detailed facts and necessary individual decision may be given for absorption of the petitioner. 2. We have heard the learned Advocates an..Category: Administrative Law | Date: | Hits: 183
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... Md. Asadullah, Advocate - For the Respondent No.9. First Miscellaneous Appeal No.15 of 1996. Judgment AM Mahmudur Rahman J.- This Appeal is against the order of attachment before judgment dated November 27, 1995 passed by the learned Subordinate Judge, 2nd Court, Chittagong in Money Suit......r sheet of the Court below, different applications filed by both the parties. In support of their contentions they also referred us to the various provisions of the Civil Procedure Code and cited the decisions in the case of Shamsul Huda Vs. Mozammel Huq and others, 27 DLR 256 and the case of Unimar..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....as been issued at the instance of the defendant‑petitioners on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite parties to show cause as to why the order dated 20‑10‑03 passed by the learned Additional District Judge, 2nd Court, Dinajpur in Miscellan......plaintiffs instituted Other Class Suit No. 142 of 2003 on 17‑9‑03 in the Court of the learned Senior Assistant Judge, Sadar, Dinajpur against the defendants-petitioners for a declaration that the decision dated 14‑9‑03 relating to amendment of the Constitution of Dinajpur District Bar Associ..Category: Civil Law | Date: | Hits: 74
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....umayun Kabir Khadem, Advocate ‑ For the Respondents. Appeal from Original Decree No. 239 of 1995. Judgment Md Abdur Rashid J. - The plaintiff presented the above appeal against the decree dated 30‑4‑95 passed by the Subordinate Judge, Court No. 1 at Rangpur in Money Suit No. 6 of 199......Even after the defendants received the works done and goods delivered by the plaintiff, the learned Subordinate Judge erred in law in refusing decree for such extra work. In support, he relied upon a decision in the case of Bengal Nagpur Railway Co Ltd Vs. Ruttanji Ramji and others, AIR 1935 Calcutt..Category: Civil Law | Date: | Hits: 99
....inda Kumar Roy, Assistant Attorney General - For the petitioner.
Mr. Md. Mahbub Ali, Advocate - For the opposite party Nos.1-5.
Civil Revision No. 4331 of 2003.
(From the judgment and decree dated 3.2.2003 passed by the Additional District Judges, erd Court, Sylhet in Title Appeal No.332 of......t of appeal below acted illegally in dismissing the suit and affirming the judgment of the trial Court below without considering the additional evidence as adduced before it. He next relying on the decisions reported in 6 BLD (AD) 342 and 24 BLD (AD) 56 submits that admittedly the property in ques..
Category: Property Law | Date: | Hits: 64
Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)
....inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ......s of Taka 1.10 crore to Bangladesh Muktijuddah Kallyan Trust by selling its landed property measuring 2 acres of Metal Package Ltd. Dhaka at a price less than the Government fixed rate by passing the decision taken in 61st meeting of the board of trustee. The Bureau of Anti‑Corruption after invest..Category: Criminal Law | Date: | Hits: 93
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
.... party No.2. Criminal Miscellaneous Case No. 6294 of 2008. (An application under section 561A of the Code of Criminal Procedure, 1898 for quashment of proceedings of the Patenga P.S case No.4 dated 11.4.2004 under section 302/34 of the Penal Code now pending in the Court of Metropolitan ......d by the High Court Division in Criminal Miscellaneous case No.4636 of 2006 field regular Criminal Petition for Leave to appeal being 473 of 2006. 11. In the meantime Ministry of Home Affairs took decision on 10.11.2005 to have the case investigated by the RAB and the said decision of the governm..Category: Criminal Law | Date: | Hits: 76
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....assistance of the judiciary and the judiciary is under legal obligations to assist the Commission which is against the basic structure of our Constitution in as much as an Independent Judiciary is mandated to ensure the trial and not to follow the instruction or to assist any statutory body but if t......27 of 2008 was enacted by the Non Party Care Taker Government, which has been created and has been functioning under Article 58B-58E of the Constitution inasmuch as the impugned Ordinance is a policy decision and such policy decision expressly is prohibited under Article 58D of the Constitution. ..Category: Constitutional Law | Date: | Hits: 264
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