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Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)
....ted by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent Nos. 2-3. Not Represented—Respondent No.1. Civil Petition for Leave to Appeal No. 311 of 2009. (From the judgment and order dated 15-12-2008 passed by the High Court Division in Writ Petition No. 9865 of 2008). Judgment ......be challenged under Article 102 of the Constitution in the High Court Division unless the impugned order passed by the authority concerned is coram non judice or is afflicted with malice in law. This decision of ours is equally if not more forcefully applicable to parliamentary and Presidential el..Category: Election Law | Date: | Hits: 127
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....mstances, a Division Bench of the High Court of East Pakistan made the following observation: “When a specific case has been started in relation to the alleged activities of the detenu on a certain date, the same activities should not, in fairness, be taken as a reasonable basis for making an orde......al case has been started over the self same facts and, as such, he has argued that there cannot be two parallel proceedings against the same person. In support of his views Mr. Islam referred to some decisions of this court and also a decision of the Supreme Court of India. The first case which was ..Category: Constitutional Law | Date: | Hits: 195
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....amsul Huda J.- This appeal is directed the instance of the convict appellants Nur-e-Alam, Md Abdur Razzaque, Md Joynal Haque alias Joynal, Nurul Islam and Md Lebu Miah against (the judgment and order dated 12-10-1993 passed by the learned Additional Sessions Judge, 1st Court, Tangail in Sessions Cas......on Report within the meaning of section 154 of the Cr.P.C. and all subsequent information fall within the purview of section 161 of the Cr.P.C. 38. He referred the relevant paragraph No. 45 of the decision. 39. We have carefully perused the relevant paragraph of the cited decision. It appears ..Category: Criminal Law | Date: | Hits: 42
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....Advocate—For the Appellants. PC Guha, Advocate—For the Respondents. Original Order No.10 of 1992. Judgment Gour Gopal Saha J. - This appeal is directed against the judgment and order dated 28-11-91 passed by the District Judge, Barguna in Review Case No.3 of 1991 under Order 47 rule...... failure of justice. Point for determination. 10. The only point for determination in the appeal is whether the learned District Judge was justified in allowing the review case? Findings and decision 11. The learned Advocate appearing for the appellants has placed before me the impugned ..Category: Procedural Law | Date: | Hits: 81
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....ent Md. Ruhul Amin J. - This Rule has been obtained upon an application filed under Article 102(2) (a) (ii) of the Constitution. The respondents were called upon to show cause as to why the order dated 22-3-1999 passed by the respondent No. 2. Member, Land Appeal Board in Appeal No. 2-34-98 (App......on was executed in favour of the petitioner and that possession of the fishery was delivered to him and consequently action of the Divisional Commissioner was not sustainable in law has referred to a decision reported in 4 BLD (AD) 36. The decision referred to by the learned Advocate would have b..Category: Property Law | Date: | Hits: 33
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....nul Islam Mondal, Advocates- For the Opposite Party No.1. Civil Revision No. 4687 of 1998. Judgment Md. Abdul Aziz J .- Defendant No.1 as petitioner obtained this Rule challenging the order dated 21-9-1998 passed by Mr. Bazlur Rahman, Senior Assistant Judge, Barguna in Title Suit No.17 of ......estion of law and fact which can be decided only at the trial on taking evidence. In view of the relief prayed in the suit, the plaint cannot be rejected”. 13. From the aforesaid discussions and decisions cited in the case as above, I do not find any substance in the submission of the learned A..Category: Property Law | Date: | Hits: 64
Nazem Uddin Vs. Election Tribunal and others, 1999, 18 CLC (HCD)
.... Abul Kalam Azad for Md. Oziullah, Advocates—For Respondent No. 2. Writ Petition No. 2567 of 1998. Judgment Mohammad Fazlul Karim J.- This Rule Nisi, at the instance of the returned candidate petitioner, is directed against order 10 dated 30-7-97 passed by the Election Tribunal and Assi......y because the petitioner has already prayed for the relief that the election as a whole was void and thereby no contravention of the provision of rule 45 of the election rules has been committed. The decision referred by the learned Counsel for the Petitioner in 1981 BLD 298, 38 DLR 435 and 41 DLR 3..Category: Election Law | Date: | Hits: 78
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
.... Advocate—For the Petitioner. M R Hasan, Advocate—For the Respondents. Writ Petition No. 4736 of 1999. Judgment Md. Abdul Matin J. - In this Rule the judgment and order Nos. 65 and 66 dated 22-11-99 and 23-11-99 passed by the Subordinate Judge and Artha Rin Adalat No. 1, Sadar, Chitt......ssed by the same court though by a different presiding judge who was in-charge and the same court cannot sit over its own judgment. The learned Advocate appearing for the respondent No. 2 has cited a decision of the case of Atash Ali and others Vs. Rebati Mohan Sarker and 3 others reported in 43 DLR..Category: Civil Law | Date: | Hits: 76
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....he amount of the cheque, or with both: Provided that, nothing contained in this section shall apply unless— a. The cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier, b. The paye......th may be replaced by industry, lost knowledge may be regained by study, even lost health may be recovered by temperance of medicine but lost time is gone forever. It will be worthwhile to refer to a decision reported in 46 DLR 175 wherein their Lordships of the High Court Division observed: “S..Category: Criminal Law | Date: | Hits: 62
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
....his Rule was issued against the contemner-opposite party No. 1 to show cause as to why he shall not be committed for contempt of Court and punished accordingly for disregarding and flouting the order date 29-3-2001 passed by this Court in Trade Mark Application No. 1 of 2001. 2. The short facts w......en the petitioner and the said company and effect of this order that amounts to contempt of Court inasmuch as it obstructed the course of justice. In support of his contention Mr. Samad relies on the decision reported in 15 DLR (SC) 355, 1990 BLD (HCD) 173 and 1981 BLD (HCD) 487 and submits that as ..Category: Intellectual Property Law | Date: | Hits: 181
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
....ing out of an application under section 115 (1) of the Code of Civil Procedure (Act V of 1908) at the instance of the petitioner-respondent Santi Bushan Deb is directed against the judgment and order dated 30-4-1994 passed by the learned Subordinate Judge, 2nd Court, Comilla in Miscellaneous Appeal ......ode of receipt of rental in lump by the opposite parties appellant-bank in defiance of the terms of the agreement, the learned Subordinate Judge committed an error of law resulting in an error in the decision occasioning failure of justice. He further submits that the learned Subordinate Judge commi..Category: Property Law | Date: | Hits: 34
Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
....t Attorney-General—For the Respondent. Writ Petition No. 1540 of 1988. Judgment MM Ruhul Amin J. - This Rule was issued calling upon the respondent No. 1 to show cause as to why the order dated 31-8-1988 (Annexure ‘E’) passed by the respondent No. 1 dismissing the Case No. 955 of 198......hall, after such inquiry as it may deem necessary and after giving reasonable opportunity to the parties concerned of being heard and also adduce evidence, both oral or documentary, if any, make such decision on the prayer of the applicant as he deems fit. He further submits that under sub-section (..Category: Property Law | Date: | Hits: 37
Kashem Vs. State, 2001, 30 CLC (HCD)
....pellant. AQ Rashid Ahmed, Assistant Attorney-General—For the State. Criminal Appeal No. 1626 of 1996. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 29-9-96 passed by the Special Tribunal No. 5, Kishoregonj in Special Tribunal Case No. 63 of 1......re list, the evidence of the witnesses examined by the prosecution as well as the impugned judgment. 12. To correctly appreciate the contentions of the contending parties and to arrive at a proper decision in the case it is necessary for us to scrutinise the material evidence on record. 13. PW..Category: Criminal Law | Date: | Hits: 37
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
....ner. Kazi Md. Shafiqul Hasan for Shafiq Ahmed, Advocate—For the Opposite Parties. Civil Revision No. 1268 of 1989. Judgment Gour Gopal Saha J. - This Rule is directed against the order dated 10-8-89 passed by the Assistant Judge, 4th Court, Dhaka in Title Execution Case No.2 of 1987 r......eady filed an independent suit for recovery of khas possession in the suit property, the question of wilful disobedience or violation does not arise and the same has resulted in error in the impugned decision occasioning failure of justice. The learned Advocate further submits that since there is no..Category: Procedural Law | Date: | Hits: 79
Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)
....ainst those persons. 4. We have perused the Annexures specially Annexure D which is the supplementary charge-sheet. It is true that this charge-sheet was submitted after about three years from the date of submission of the first charge-sheet. It further appears that actually the further investiga......n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184...Category: Procedural Law | Date: | Hits: 65
Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)
...., Assistant Attorney-General—For the State. Criminal Appeal No. 148 of 1985. Judgment Md. Abdul Aziz J. - This appeal is directed against the judgment and order of conviction and sentence dated 25-5-85 passed by Mr. AKM Sadeque, Sessions Judge, Tangail in Sessions Case No.111 of 1984 con......er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ..Category: Criminal Law | Date: | Hits: 28
State Vs. Moslem, 2002, 31 CLC (HCD)
....om commission of crime but the train of crime could not be stopped. Social stability and an order are required to be regulated by proceeding against the offenders and by imposing proper punishment mandated by law. Society's cry for justice becomes louder and Court must hear the loud cry for justice ...... Mr. Md. Helal Uddin Mollah, learned Deputy Attorney-General with Mr. Firoz Shah learned Assistant Attorney-General Mohammed Abdul Baset, learned Attorney-General representing the State supported the decisions rendered by Bishesh Adalat awarding conviction and sentence upon condemned prisoner and co..Category: Criminal Law | Date: | Hits: 82
.... Ebadul Hoque J. - This Rule was issued at the instance of the 2nd party petitioner Shebait Mobanta Sree Kedar Nath Achari calling upon the opposite parties to show cause as to why judgment and order date 28-2-99 passed by the Additional Sessions Judge, Nawabganj in Criminal Revision No.61 of 1998 s...... this order. Communicate the order to the Courts below.
The application for vacating the order of stay is disposed of accordingly.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 176.
..
Category: Criminal Law | Date: | Hits: 32
Maksuda Begum Vs. Secretary, Ministry of Home Affairs and 2 others, 1999, 28 CLC (HCD)
.... Hossain Mia @ Abul Hossain Pada & Abul Pada detained in Dhaka Central Jail should not be brought before this Court to be dealt with in accordance with law. 2. The detenu was detained by order dated 19-9-1999 issued by District Magistrate, Barisal who was detained for a period of 30 days unde......ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174...Category: Criminal Law | Date: | Hits: 44
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
.... learned Subordinate Judge in refusing to vacate an order staying a Small Causes Court Execution Case whereupon Rule was issued calling upon the Opposite Party No. 1 to show cause as to why the order dated August 31, 1997 passed by the learned Subordinate Judge, First Court, Comilla in Title Suit No......site Parties. Civil Revision No. 439 of 1998. Judgment AK Badrul Huq J.- By this application under section 115 of the Code of Civil Procedure, the petitioners challenge the correctness of a decision recorded by the learned Subordinate Judge in refusing to vacate an order staying a Small Ca..Category: Civil Law | Date: | Hits: 66
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