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....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......leassor in a property may be added as Party alongwith a leassor and in a proper case a party can be added even in a proceeding in Revision stage.................................(14)
Cases Referred to-
Parimal Majumder alias Parimal Chandra Majumder Vs. Abdul Sobhan, 39 DLR HCD 352; Subash Chan......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
..
Category: Property Law | Date: | Hits: 82
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....itiation of criminal proceeding in the form of complaint. 15. Section 476 itself does not speak of any finality of the opinion or finding of the Court exercising the jurisdiction thereunder, but empowers the Court to set the law in motion in respect of the offence specified in section 195(1), cla......resent: Sharif Uddin Chaklader J Md. Emdadul Huq J Ruhul Amin………………………..Petitioner Vs. State and another……………………….Opposite Parties Judgment October 30, 2007. Result: The Rule is discharged. Cases Referred to- M. Liaqat Hossain Vs.......eath certificate were filed by the petitioner in the proceeding of Title Suit No.1653 of 1981. But he abstained from tendering these documents in evidence. However the plaintiff (opposite party No.1) called for the death register and got it exhibited as Ext-7 (vide-Annexure-A) wherefrom it was found......akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ..Category: Property Law | Date: | Hits: 122
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......t, 1881 (Act No. XXVI of 1881); section 138 The criminal case should be disposed of with the least possible delay. Even mere pendency of earlier Civil Suit, connected with the matter, is no ground to stay the criminal proceedings initiated subsequently. The Court is to take into consideration all...... No. 2. Criminal Revision No. 637 of 2007. Judgment Khondker Musa Khaled J. - On an application under section 439 read with section 138 of the Code of Criminal Procedure, the Rule was issued calling upon the opposite parties to show cause as to why the impugned order dated 11-4-2007 passed ......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ..Category: Procedural Law | Date: | Hits: 128
....de an Officer on Special Duly (OSD) under notification No. M1/TV-1/2-M-8/2007/298 dated 1-3-2007. After that by impugned order dated 18-3-2007 the petitioner was made retired in purported exercise of powers under section 9(2) of the Public Servants (Retirement) Act, 1974 with retrospective effect fr......Vs.
Bangladesh, represented by the Secretary, Ministry of Information and others…………..Respondents
Judgment
January 21, 2009.
Result:
The Rule is discharged without any order as to cost.
The Constitution of Bangladesh, 1972, Articles 102 and 117
Any violation of terms and...... 1.
Writ Petition No. 4512 of 2007.
Judgment
Md. Ashfaqul Islam J. - In an application under Article 102(2)(a)(ii) of the Constitution this Rule at the instance of the petitioners was issued calling upon the respondents to show cause as to why the impugned order of retirement dated 18-3-200......writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
..
Category: Administrative Law | Date: | Hits: 494
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....er, 1972 cannot be made applicable to the petitioner. The learned Advocate also submits that every City Corporation is an administrative unit under section 3(7) of the Ordinance No. 16 of 2008 having power to impose taxes for local purposes, to prepare its budget and to maintain fund hence, it is ra......nts Judgment December 4, 2008. Result: All the Writ Petitions are discharged. Interpretation of statutes The Court, in all ways, must avoid in giving interpretation which would go to frustrate the legislative intent by adopting any liberal construction of the legislation. The pri......all these Writ Petitions they have been heard together and are being disposed of by this single judgment. 2. In these applications under Article 102 of the Constitution Rules Nisi have been issued calling upon the respondents to show cause as to why the impugned decision taken by the respondent N......applications under Article 102 of the Constitution Rules Nisi have been issued calling upon the respondents to show cause as to why the impugned decision taken by the respondent No. 1 in its 174/2008 meeting and held on 17-11-2008 disqualifying the petitioners and others to contest in the Parliament..Category: Constitutional Law | Date: | Hits: 466
.... costs.
The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 341.
......
Judgment
November 24, 2009.
Result:
The Rules are discharged.
Principle of Interpretation of Statute
It is the cardinal principle of interpretation that a provision of a statute has to be construed not in isolation but in its proper context. Many things constitute the context of a ......f by this common judgment as they do involve common questions of laws and facts.
2. In Writ Petition No.1669 of 2009 the Rule Nisi was issued under the following terms:
3. Let a Rule Nisi issue calling upon the respondents to show cause as to why the notification No.বাম/টিও-1/1(19)......under the signature of respondent No.3 issued a letter dated 26.11.2008 to the learned Advocate of respondent No.3 advising that the application was to be resubmitted as per the decision taken at the meeting. One of the decisions was to change the proposed name of the organization in accordance with..
Category: Others | Date: | Hits: 107
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......sh Water Development Board................Appellant Vs. MR. Sikder.........................Respondent Judgment March 16, 17, 2003. Result: The Appeals are allowed. Cases Referred to- British Airways PLC Vs. Bangladesh Air Services Pvt. Ltd., 47 DLR 544; National Small Industr......ndant board incurred heavy losses and injury. It was further contended that the defendant Board is not responsible for the damages caused by the devastating cyclone of 24‑4‑91. It has been specifically asserted by the contesting defendants that on getting notice from the plaintiff appointing Mr....... P.W.1. He exhibited 38 documents marked as Exhibits 1‑38. He went on to state that as the claims of the plaintiff were found legitimate, the learned Arbitrator gave his award on 27‑11‑93 after meeting all legal formalities and duly served notice upon the defendants He prays for making the awa..Category: Alternative Dispute Resolution | Date: | Hits: 543
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
.... adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the charge. [Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38]……………………(10) The inherent power under section 561A of the Code of Criminal Procedure can be invoked at any stage of the proÂc......itial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Where the institution and continuation of the proceeding amount to an abuse of the process of the Court. (3) Where there is a legal bar against the initiation or...... No. 20821 of 2009. Judgment Md. Nazrul Islam Talukder J.- This Rule at the instance of the accused-petitioner, was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite-party to show cause as to why proceeding of GR No.129 of 2004 arising out ......s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
....ly enough took the line of argument advanced by Mr. Alimuzzman Chowdhury giving a go-bye to the case of opposite party No.1 who succeeded in both the Courts below. Mr. Halder without surrendering his power has argued the case against the interest of his client. He never spoke a word on the merit of ...... Pochon Rikssi Das……………..Petitioner Vs. Khuku Rani Dasi and others……………Opposite Parties Judgment June 12, 1997. Result: The Rule is discharged. Cases Referred to- Balakrisha Chetty and sons Vs. State of Madras, AIR 1961 (SC) 1152; 14 BLD 450; 14 BLD 413; 4...... the Opposite Parties. SR Paul, Khan Mahbubuddin Ahmed and M. Nurullah, Advocates - Amicus curiae. Civil Revision No.851 of 1991. Judgment Mahmudul Amin Chowdhury J.- This Rule was issued calling upon the opposite party No.1 to show cause why the decree passed in Family Appeal No.1 of 19......dence Act have not been made applicable in the proceeding which indicate the anxiety of the lawmakers to dispose of the Family matters in a congenial atmosphere. There is also provision for pre-trial meeting of the parties which is also meant for solution of the problems amicably. It is also argued ..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....heir declarations are made in extremity, when the maker is at the point of death and when every hope of this world is gone, when every motive to falsehood is silenced and the mind induced by the most powerful consideration to speak the truth. The principle on which the Dying Declarations are admitte......peachable evidence, question of indicting or punishing an accused does not arise, Justice delivery system cannot be carried away by heinous nature of crime or by gruesome manner in which it was found to have been committed. In appreciating the evidence of a prosecution witness the approach must be w......€¦â€¦â€¦â€¦â€¦â€¦.(38) For the purpose of fixing punishment, proportionate to the gravity of generic offence, The Penal Code recognizes three degrees of culpable homicide. The first is what may be called "culpable homicide of the first degree". This is the greatest form of culpable homicide punis......feature of section 34 is the element of "participation in action". The common intention implies acting in concert, existence of a pre-arranged plan and pre-supposes a pre-concert. There must be prior meeting of minds. It is, thus, pellucid that the liability of one person for an offence committed by..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......€¦â€¦â€¦â€¦Petitioner Vs. Secretary, Ministry of Industries and others………………..Respondents Judgment November 19, 2007. Result: The Rule is discharged without any order as to costs. Whether the court can direct implementation of the recommendation made by the Sick Ind......Md. Nesar Ahmed, Advocates — For Respondent No. 6. Writ Petition No. 7301 of 2003. Judgment Zinat Ara J. - On an application under Article 102 of the Constitution this Rule Nisi was issued calling upon the respondents to show cause why the respondents should not be directed to implement t......sick industries and ultimately the said cell constituted a sub-committee by its letter dated 2-8-1992. This sub-committee submitted its final report to the Cell and it was approved by the Cell in its meeting dated 25-8-92. The Ministry of Industries by Gazette Notification dated 22-10-88 gave direct..Category: Constitutional Law | Date: | Hits: 334
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....age or such other person as aforesaid refusal to sign the acknowledgement, or where the serving officer, after using all due and reasonable diligence cannot find the defendant and there is no agent empowered to accept service of the summons on his behalf, of any other person on whom service can be m......¦â€¦â€¦â€¦â€¦â€¦..Petitioners Vs. Md. Shahid Sarker and others…………………….Opposite Parties Judgment August 7, 2009. Result: The rule is made absolute. Cases Referred to- Santosh Kumar Chakraborty Vs. M.A. Motaleb Hossain and another, 1985 BLD (AD) 59; Keshab Cha...... revisional application under section 115(1) of the Code of Civil Procedure and upon hearing the learned Advocate this Court issued the Rule on the following terms: "Let the records of the case be called for and a Rule issue calling upon the opposite party Nso.1-8 to show cause as to why the judg......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ..Category: Procedural Law | Date: | Hits: 133
....0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
......Md.) Abedullah and others……………………………..Petitioners
Vs.
Controller of Examinations, Dhaka University and others…………………………….Respondents
Judgment
October 26, 1997.
Result:
The Rule is discharged.
Where scope of alternative remedy by way of......tes - For the Petitioners.
Dr. Rafiqur Rahman with Sirajur Rahman, Advocates ‑ For the Respondents.
Writ Petition No.1578 of 1994.
Judgment
Mahfuzur Rahman J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 31‑12‑90 issued un......ld in 1989 at the Jagannath College Examination Centre. The letter annexed hereto as Annexure‑B. The teachers council of the day shift and night shift of Jagannath College, Dhaka met in an emergent meeting on 7‑8‑90 which was presided over by the principal of the college and the Council denied..
Category: Constitutional Law | Date: | Hits: 300
Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)
....ssain after the liberation who then was residing at 101, Hrishikesh Das Road, Dhaka. His father-in‑law Kazi Nooruddin was his lawful attorney to manage all the affairs of the property by registered power of attorney dated 28‑7‑72. The said bharatia Mollah Abdul Majid got the case property enli...... the appropriate authority, namely, the SDO, the Government cannot keep the same on the plea that the same is abandoned property. Once the same is released the title vest in the real owner and the restoration of the same must be made in favour of the real owner or any person duly authorised on his b......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ..Category: Property Law | Date: | Hits: 71
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....ence on record and are based on correct principle of the appreciaÂtion of the evidence. I find no illegality in the impugned Judgment to call for any interference by this Court exercising revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. ......se or these are vitiated by non reading and misreading of the material evidence or mis-construction of any important documents affecting the merit of the suit………………(20) Cases Referred to- Habibur Rahman Vs. Mobarak Ali, 3 MLR 207 = 50 DLR55. Lawyers Involved: Salma Rahman, A......r the Opposite Parties. Civil Revision No.7570 of 1991. Judgment Siddiqur Rahman Mian J.- This Rule under section 115 of the Code of Civil Procedure at the instance of defendant-petiÂtioner calls in question the Judgment and decree dated 10-5-1983 passed by the learned Additional District ......al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ..Category: Procedural Law | Date: | Hits: 111
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ....... Result: Criminal Appeal No.190 of 2005 stands allowed. The Penal Code, 1860 (XLV of 1860); ss. 383, 384, 386, 387 The application of sections 386 and 387 of the Penal Code are confined to cases which remain only upto the stage of 'threat', but once the act of extortion is actually com......ring for the State candidly submits that he finds it difficult to support the impugned Judgment and order of conÂviction and sentence. The learned AAG goes on record to submit that some measures are called for against the concerned Judge for such an utterly calÂlous Judgment, which indicates total......ggestion that the appellant served under him, but was not paid the money that was due to him for his service. He statÂed that the appellant went to him at Barisal and gave him Taka 600 as a gift for meeting his expenses from Barisal to Haluaghat. He further stated that he came to know that the appe..Category: Criminal Law | Date: | Hits: 62
....t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
......di Alterem Partem' is applicable in the administrative as well as in the judicial or quasi-judiÂcial proceedings …………………………(26)
Unless a person holds a right he can not claim to be heard before the same is infringed by any action either judicial or administrative…………...... - For respondent No.3.
Idrisur Rahman, Advocate - For respondent No.4.
Writ Petition No. 2645 of 2007.
Judgment
AFM Abdur Rahman J.- This Rule Nisi, issued on 24.04.2005, has called upon the respondents to show cause as to why the Memo No. Bapam/Shah:-Ba/BC/Cell-34/96/47 dat......ement, but neither you responded to my requests nor you advised me to abide by the terms and conditions of the agreement executed on 20/05/1999.
I would, therefore, request you to kindly arrange a meeting so that we may make transaction as per terms and conditions of the agreement dated May 20, 1..
Category: Administrative Law | Date: | Hits: 299
.... for certain period and being in such position, she could appoint her successor but she did not appoint her successor and in that view of the matter, when she left the premises without exercising her power, the office of the Shebait had automatically reverted to the plaintiff who is the only heir of......¦â€¦.Petitioner
Vs.
Biresh Ranjan Dhar and others…………………………….Opposite Parties
Judgment
November 12, 15, 2009.
Result:
The Rule is discharged.
Case Referred to-
Radha Nath Mukherjee Vs. Saktipada Mukherjee, (1936) 58. All.
Lawyers Involved:
Fazlul ......ept with the record.
2. The Rule was issued at the instance of the defendant Sree Sree Moha Parbhu and Sree Sree Gopal Jew Deities represented Sri Anil Chandra Nath Secretary, Executive Committee, calling upon the plaintiff opposite party to show cause as to why the impugned judgment dated 7.8.19......ant No.19 to be kept at his homestead for safety and for regular Sheba-Puja. Hindu people of the locality had met on 23.5.1972 by a previous notice and they formed a working committee and in the said meeting defendant No.17 and 18 were nominated as president and secretary by the working committee an..
Category: Property Law | Date: | Hits: 102
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......o leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......y Alam, Attorney General with Md. Mustofa Zaman Islam Deputy Attorney-General - For the respondent No.1. Writ Petition No. 5127 of 2009. Judgment Tariq ul Hakim J.- Rule Nisi has been issued calling upon the respondents to show cause as to why the action of the respondents in preventing the......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ..Category: Constitutional Law | Date: | Hits: 147
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... that: "Before the Deputy Commissioner acquires the jurisdiction to publish a notice under section 3 an agreement with the non- Government requiring body is a sine qua non for the exercise of such power. It is a condition precedent. It cannot be whittled down by any device." 22. In the above c......s ………………….Respondents Judgment June 12, 2008. Result: The Writ Petition No. 1448 of 2008 is disposed of and Writ Petition No. 3071 of 2008 is discharged without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. I......e shops to the affected shop owners having valid title to the acquired land on priority basis before giving allotment to others. The order of stay passed in Writ Petition No. 1448 of 2008 is hereby recalled and vacated. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..Category: Property Law | Date: | Hits: 79
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