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Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ......must be taken with utmost care that it is not used on occasions or in cases to which it is not appropriate. In the case of Md. Samiulla Khan and another vs. State 15 DLR 150 it has been held that the power of contempt should be used sparingly and only in serious cases and the court should not be eit...... The Contempt of Courts Act, 1926 (XII of 1926) In a contempt of court proceeding which is of quasi-criminal in nature the onus lies heavily on the contempt petitioner to prove every detail of the contempt which is very much lacking in this case. Moreover in contempt......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ......consequences affecting the person or property or other right of the parties concerned". This rule applies even though, there may be no positive words in the statute or legal document whereby the power is vested to take such proceedings, for in such cases this requirement is to be implied into i......lip;……………………..Respondents Judgment July 19, 2001. Result: The Rule is made absolute. Opportunity for defence when mandatory Withholding or cancellation of the result of the Petitioners without giving them an opport......a Education Board, the Controller of Examinations and the Registrar of the said Board, opposed the Rule by way of filling affidavit-in-Opposition contending, inter alia, that no registration was granted by the Board in favour of the petitioners, they used the registration numbers of others whil..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)
....ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ......nd fare Table Rules have not been followed prior to the issuance of time table to MV Miraj. To this the respondent has submitted that the time table issued in favour of MV Miraj was in exercise of power given to the respondent to issue such time route permit when required in public interest Rule...... Rules provided in the Bangladesh Inland Water Transport Authority (Time and Fare Table Approval) Rules, 1970. Non-compliance of these rules will not make the time table issued under the Rule to be illegal and without any lawful authority…....(6) Lawyers Involved: ......3259 of 2000 and 4169 of 1999). Judgment Mainur Reza Chowdhury J.- These two appeals arisen out of leave granted by this Division on 27.11.2000 in Civil Petition Nos. 1037 and 1038 of 200 referred by the ..Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......gh Court Division or Court of Session and in the case of person released by itself any other Court may cause any person who has been released on bail to be arrested and may commit him to custody. The power to take back in custody an accused who has been enlarged on bail has to be exercised with care......on (case) is allowed. Rule issued on 5‑11‑2000 is made absolute. The order dated 21-6-2000 recorded by learned Session Judge Rajshahi in Criminal Miscellaneous case No-180 of 2000 cancelling bail to accused-petitioner stands set aside and the order dated 2‑5‑2000 granting bail to accused pet...... order dated 21-6-2000 recorded by learned Session Judge Rajshahi in Criminal Miscellaneous case No-180 of 2000 cancelling bail to accused-petitioner stands set aside and the order dated 2‑5‑2000 granting bail to accused petitioner is restored. Lawyers Involved: Golam Arif Tipu with F..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Abdur Noor and others Vs. Mahmood Ali and others, 2002, 31 CLC (AD)
.... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ...... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ......-Record—For the Petitioners. Sharifuddin Chaklader Advocate-on-Record—For Respondent No.2. Not represented—Respondent Nos. 1, 3-7. Civil Petitioner for Leave to Appeal No.1216 of 1997. (From the judgment and order dated 4-6-1997 passed by the Hi......as refused by the plaintiff on the plea of death of Abdul Latif. Subsequently at the intervention of the salish defendant No.2 paid rent for the month of Poush 1391 BS to the plaintiff but he did not grant any receipt and the rent for the month of Magh 1391 BS was sent by money order which was retur..Category: Tenancy Law | Date: 3 Jun, 2001 | Hits: 75
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ......ry and that the defendants have failed to show any reasonable basis for such valuation, these concurrent findings of fact based on evidence cannot he disturbed by this court in exercise of revisional power. The learned Advocate further submits that plaintiff No. 1 being a registered co-operative soc......p; others………....Plaintiff-Opposite Parties Judgment May 21, 2001. Result: The suit stands dismissed. Lawyers Involved: Mihir Kanti Majumder Deputy Attorney-General— For the Petitioner. Maksudur Rahman, Advocate—For the Opposit......istered society, representing 562 allottees, having instituted the suit on their behalf and the learned Subordinate Judge having adjudicated upon the suit, it may be presumed that the Court impliedly granted leave to the plaintiffs. This submission has no merit in view of the fact that no notice of ..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).
....sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored. Ed. ......e of Civil Procedure, 1908 (v of 1908) Order XLI rule 23 Where the evidence has been duly placed before the trial court and it has decided the suit on merit the revisional court has no power to remand by shirking its duty solely for the purpose of writing the judgment afresh. &hellip......ivil Procedure, 1908 (v of 1908) Order XLI rule 23 Where the evidence has been duly placed before the trial court and it has decided the suit on merit the revisional court has no power to remand by shirking its duty solely for the purpose of writing the judgment afresh. …&hell......sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored. Ed. ..Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ......986 was filed in the Appellate Division. The Appellate Division in the above decision considered the case of Amjad Ali Vs. Ali Hossain and another reported in 15 CWN 353 in which it was held that the power to direct inspection includes the power to direct the preparation of an inventory, if the Cour......azzul Islam J Abdur Rouf Chowdhury (Md.).……..................Petitioner Vs. Abdul Hashem (Hashu) and another ……........Opposite Parties Judgment October 17, 2000. Result: The Rule is discharged. Cases Referred To- MM Hossain ......ion of the suit property after modification of the order of ad interim injunction, shows the mala fide of the opposite party and moreover, the impugned order has been passed in utter misconception of granting local inspection as provided under Order 26, rule 9 CPC and Order 39 rule 7 CPC. Similar po..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
....ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately.
Nazmun Ara Sultana J.- I agree.
Ed.
This Case is also Reported in:
...... and a representative of each of the parties.
4. Anyone who wants to rule persons first tries to humiliate them, to trick them out of their rights and their capacity for resistance, until they are powerless before him as animals.” Wrote Eliar Caneth, winner of the Nobel Prize in 1981, in his bo...... I agree.
Ed.
This Case is also Reported in:
......ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately.
Nazmun Ara Sultana J.- I agree.
Ed.
This Case is also Reported in:
..
Category: Family Law | Date: 1 Jan, 2000 | Hits: 240
Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
....ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......late Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ...... Taxes" on other income and Bank interest "in respect of the imposition of Tax thereon inspite of the exemption of the income, profits and gains of the industrial undertaking from the Tax payable granted by the National Board of Revenue". 8. In Reference Application No.24 of 1993 the..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
Golam Rahman (Md.) Vs. Md. Bazlur Rahman (Babu) and one other, 1999, 28 CLC (HCD)
.... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ......e Code of Criminal Procedure, so far only as they are not inconsistent with the provisions of the Act, shall apply to the proceedings of the Special Tribunal and such Special Tribunals shall have all powers conferred by the Code on a court of session exercising original jurisdiction. The effect of t......….Opposite Parties. Judgment December 2, 1999. Lawyers Involved: Ziaul Karim with Syeda Mymuna Begum, Advocates—For the Petitioner. Mohammad Mostafa, Assistant Attorney-General— For the State. Criminal Revision No. 1411 of 1994. Judgment ARM......dvocate, has got no substance and the petition under section 561A of the Code of Criminal Procedure is misconceived and is liable to be discharged. In the result, the Rule is discharged and stay granted earlier is vacated. As the case is an old one, the Special Tribunal No.1 Panchagarh is ..Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46
Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)
.... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ...... Development Board’s Order, 1972 (President’s Order No. 59 of 1972) and submitted that the said Order does not contain any provision that in a matter of this kind the concerned Ministry has any power to issue a direction to the said Board or that the said Board has a duty or obligation under...... Result: The appeal is allowed. The Bangladesh Water and Power Development Boards Order, 1972 (President's Order No. 59 of 1972) Article 4(3) Article 4(3) was never meant to be a provision for enabling the Government to interfere with the day-to-day function of either ......he contract and that the Secretary of the concerned Ministry had no authority to issue the direction in the case. 3. The result of the writ petition has already been noted. 4. Leave was granted to consider the submission of the appellants that the Secretary to the concerned Ministry h..Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236
....r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......ce of safe custody is violative of the Jail Code and no one in jail shall be denied access to a lawyer of her own choice and why a declaration should not be given that there is no law in Bangladesh empowering any Investigation Officer, or any other person to pray before any Court to put a victim gir......5 BSCR (Vol. VIII) 112.
Lawyers Involved:
Tania Amir, Advocate—For the Petitioner.
Md. Abdur Rashid with Subrata Chowdhury Advocates—For Respondent No. 6.
Momtazuddin Ahmed, Deputy Attorney-General with AM Aminuddin, Assistant Attorney General—For the Respondents.
Writ Petition......n the interest of generating some publicity for himself or to create mere public sensation that he is acting bona fide that he is not a busybody or an interloper, that it is in the public interest to grant him standing and that he is not acting for a collateral purpose to achieve a dubious goal.”
..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......al charge by the police without a warrant is proved to be imminent and certain. All that the learned Attorney-General has submitted relates only to the conditions and circumstances under which the power for granting pre-arrest bail should be exercised by the Court. He submits that the power is a......pellant Vs. Abdul Wahab Shah Chowdhury……………….Respondent Judgment May 25, 1999. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Anticipatory Bail Per A.T.M. Afzal: Generally speaking the main circumstance as would entitle an ......e petitioner to appear before the lower Court for seeking bail. The petitioner must, however, remain physically present in Court before his application for bail can be entertained. The Court, if it grants anticipatory bail, must expressly make it a condition that if the petitioner commits any br..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)
....no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350.......t act on its own but acted at the request of the Government. Moreover, petitioner was in the habit of seeking remission of interest taking loan from different Banks in different names by misusing his power as director of different Banks and, as such, Bangladesh Bank did not act either in an arbitrar......……….Petitioner Vs. Agrani Bank and others.................................Respondent Judgment April 28, 1999. Result: The Rule is discharged. Cases Referred to- Conforce Ltd. Vs. Titas Gas Transmission and Distribution Ltd., 42 DLR 33; Sharping Matshay......no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350...Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172. ......terated on the first point of leave what was stated above in the leave granting order whereas Mrs. Rabeya Bhuiyan, learned Advocate for the respondents, only maintenance, submitted that the Court has power ex debito granted. justiciae to alter the decree in order to do justice between the parties an......ellip;……… Respondents Judgment December 3, 1998. (i) Muslim Law-Divorce and Maintenance-Meaning of ‘Mataa’ Per A.T.M. Afzal CJ: Mataa is something to which a divorced woman is entitled and which the former husband is under an obligation to pay see......ree of the original court. She did not also prefer any revision. In such circumstances the learned Judges of the High Court Division had no jurisdiction to give her any further relief beyond what was granted by the first two courts below…………………&hellip..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
....out lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 421.
......directed be related to the investigation of any specific case. Section 94 does not confer on a proper construction of the provisions of the Criminal Procedure Code and the Anti Corruption Manual, any power on a police officer to pass an order such as the impugned order to conduct a roving and fishin......
Bureau of Anti-Corruption and Others………...........…Respondents
Judgment
November 15, 1998.
Result:
The Rule is made absolute.
Case Referred to-
Mustafizur Rahman and ors. Vs. DG Anti-Corruption and ors, 49 DLR 599.
Lawyers Involve......out lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 421.
..
Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
.... authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
......or have abdicated and surrendered their responsibility to an entity which has no existence in the Regulation of 1977.
9. Regulation 7 runs as follows:
“7. (1) The Board shall have the power to dissolve a Committee on the grounds of inefficiency, financial irregularity, mismanagement ......the Petitioner.
Md. Nurul Islam, Advocate- For the Respondent.
Writ Petition No. 4005 of 1996.
Judgment
MA Aziz J. - This Rule Nisi was issued calling upon the respondents No. 1-4 to show cause, why the impugned order dated 14-9-96 vide Memo No. বিঅ 230/3204 should not be d...... order as to costs.
The impugned order as contained in Annexure-’J’ is thus declared to have been passed without lawful authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Repor..
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)
....he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150....... Section 151 of the Code of Civil Procedure is no doubt a special preserve of the Court for doing even-handed justice under given circumstances but the Court is not competent to exercise its inherent power in any and every matter which is not sanctioned by law. In the facts and circumstances of the ......ree whereupon Miscellaneous Case No.18 of 1992 was started but the said Miscellaneous Case was ultimately dismissed on contest. Against the aforesaid order of dismissal the defendant opposite parties took an appeal before the District Judge, Jamalpur being Miscellaneous Appeal No.22 of 1993, and the......he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150...Category: Property Law | Date: 12 Jul, 1998 | Hits: 31
Social Marketing Company Vs. Universal Pharmaceuticals Ltd. and another, 1998, 27 CLC (HCD)
....y of the parties except on an extreme urgency. With the above observation and direction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ......y of the parties except on an extreme urgency. With the above observation and direction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ......, 1998. Result: The application is disposed of with the above observation and direction. When any matter is placed before a Court of law for hearing, it is incumbent upon a particular judge to decide the matter in the exercise of his jurisdiction within his competence in accordance with la...... submitted that there was a previous Trade Mark case in respect of the self‑same property between the same parties. Having considered the facts and circumstances of the case the Court below earlier granted injunction in the said Trade Mark case against the opposite parties. Against the said order,..Category: Civil Law | Date: 4 Jun, 1998 | Hits: 106
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