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Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
.... and acquiescence and hardly any evidence was led to substantiate the same, there is no scope for the petitioner to agitate these new points for the first time before this Court exercising revisional power. 8. I have gone through the impugned judgments and heard the learned Advocate at length. It......……………………Petitioner Vs. Abdul Khaleque and others……………………Opposite Parties Judgment February 4, 1998. Result: The Rule is discharged. Cases Referred to- Akhlasur Rahman and others Vs. Safurulla and others, 14 BLD (AD) 20; Maulana Abdul Karim Vs. ......urt on assigning cogent and convincing reasons. The learned Advocate appearing for the petitioner has failed to point out any legal infirmity in the Judgment of the learned Court of Appeal below that calls for interference by this Court exercising revisional power under section 115(1) of the Code of......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ..Category: Property Law | Date: | Hits: 91
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
....ved upon the plaintiffs i.e. defendants of Title Suit No.115 of 1974 and that the plaintiffs were not aware of the said decree and the defendants of Title Suit No.115 of 1974 did not appear by filing power or engaging an advocate which are forged and fraudulent. Hence the plaintiff filled the suit......……Petitioners Vs. AKM Abdul Wahed Chowdhury and others…………………………Opposite Parties Judgment March 23, 2011. Result: The Rule is discharged. Case Referred to- Habibur Rahman Vs. Mobarak Ali, 3 MLR 1998 207 = 50 DLR 55. Lawyers Involved: Md. Siraj......the Opposite Parties. Civil Revision No.2744 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule under section 115 of the Code of Civil Procedure at the instance of plaintiffs-petitioners calls in question the Judgment and decree dated 22-1-2007 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. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ..Category: Procedural Law | Date: | Hits: 110
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....hich could be applicable was the residuary Article 181 which provides a limitation of three years for an application, but even that Article will not stand in the way of the exercise of revisional power for these powers can be exercised suo motu. At the same time it should be remembered that the ......………………Petitioner Vs. Sayed Amir Hossain………………………………Opposite Party Judgment May 31, 1983. Result: The rule is made absolute. Cases Referred to- L.R.C. Vs. Duke of Westminster, 36 A.C. at page 1; Muhammad Swaleh and another Vs. Messers Un...... as a disqualification by interpretation would lead to absurdity and impossibility of performance as the Wakf property may be situated at different places of the country and a Mutwalli can not physically be resident at all the places at the same time. This impossibility cannot be the intention of ......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ..Category: Trust/Waqf Law | Date: | Hits: 134
....im under Martial Law Regulations. It is a question of jurisdiction and the entire proceeding being a nullity, the Judgment and order passed by the Martial Law Court need be quashed in exercise of the powers available to this Court under its certiorari jurisdiction.
3. It is the further case of th......oner
Vs.
State, represented by the Deputy Commissioner, Patuakhali and others .............Respondents
Judgment
August 10, 1992.
Result:
The Rule is made absolute.
Cases Referred to-
Anisminic Vs. Foreign Compensation, etc., 1969 All England Law Reports, 208; Arman Vs. Govern......Patuakhali, on the basis of a written complaint by one Fazlur Rahman who complained that he had gone to the accused on 17‑11‑77 requesting him to attend and treat two heads of cattle on a private call at which the accused demanded Taka 300.00 being the price of medicine and for transport cost an......in a paper and it was obviously a trap case done with a mala fide intention. It was done at someone's instance and he made a complain before the Sub‑Divisional Officer when he was in the midst of a meeting and at the Sub‑Divisional Officer's direction the accused was put on trial under the Marti..
Category: Criminal Law | Date: | Hits: 84
Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)
.... DLR 18 wherein it has been held that Family Courts can entertain, try and dispose of any suit relating to or arising out of the five matters including maintenance, but as section 488 CrPC does not empower the Magistrates to entertain, try and dispose of any suit, i.e. any matter of civil nature, po......…………Petitioner Vs. Rashida Begum and another……………………………Opposite Parties Judgment December 12, 1995. Result: The Rule is discharged. Cases Referred to- 42 DLR 450; 47 DLR 18; 1971 SCMR 150; PLD 190 SC 197; PLD 1969 SC 187; 1971 SCMR 150. Lawy......87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ......87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ..Category: Family Law | Date: | Hits: 133
Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....ntary of affidavit the petitioner stated that the aforesaid impugned order was passed by the respondent No.3, the Deputy Commissioner of Custom and Excise and VAT Tejgaon Circle beyond the authorised power as provided under section 40 of the VAT Act. It is stated that the respondent No.3 has onl...... Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Moinul Islam Chowdhury J Signage…………………………Petitioner Vs. Commissioner of Customs and others…………………………..Respondents Judgment June 10, 2010. Result: ...... Md. Moinul Islam Chowdhury J.- The Supplementary Affidavit filed by the petitioner formed part of the main writ petition. 2. At the instance of the writ petitioner the instant Rule was issued calling upon the respondents to show cause as to why the impugned notice of final demand bearing, No...... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby discharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Masum and others Vs. State, 2009, 38 CLC (HCD)
....xhibits I, and III, respectively. During the cross examination, P.W.1 states that আমি জব্দ তালিকা আগেই করেছি and that he was not aware as to whether he had power to investigate into this case or the power to prepare the seizure list. He further stated that......on) Present: AKM Asaduzzaman J Md. Rezaul Hasan J Masum and others…………………………….Appellant Vs. State…………………………….Respondents Judgment October 7, 2009. Result: The appeal is allowed. Lawyers Involved: Nakib Saiful Islam, with......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ..Category: Criminal Law | Date: | Hits: 75
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... the workers safety provisions provided in the National Building Code, 2006. But petitioner No.1 did not get any response from the concerned authority. 10. The Government, in exercise of the power conferred to it by section 18A of the Building Construction Act, 1952, (Act No.II of 1953), on......in J Gobinda Chandra Tagore J Bangladesh Legal Aid and Services Trust (BLAST)………………….Petitioners Vs. Bangladesh and others…………………..Respondents Judgment October 13, 2010. Result: The Rule is made absolute. Lawyers Involved: Tanim Hossain Shawo......ondents. Writ Petition No.718 of 2008. Judgment Gobinda Chandra Tagore J.- This Rule Nisi obtained under Article 102(2)(a)(i) of the Constitution of the People's Republic of Bangladesh calls upon respondent Nos.1, 2 and 4 to 6 to show cause as to why the respondents should not be dire......at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ..Category: Labour and Industrial Law | Date: | Hits: 163
Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)
....akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ......nt and order 7.4.2005 passed by the learned Senior Assistant Judge, Pakundia, Kishoreganj, in Other Class Suit No.15 of 2005 rejecting a prayer for temporary injunction. 2. Facts necessary leading to the disposal of the Rule are that the opposite party No.1 as plaintiff instituted other Class Sui......” 12. The defendant Nos.1-4/6-10 by submitting Written Objection denied the case as made out in the prayer for temporary injunction and at paragraph 13 of the Written Objection they have categorically stated that the plaintiff himself has accepted the managing committee in question and has with......as per law. That committee was duly approved. The plaintiff without getting any prior leave from the Managing committee, got himself admitted in PTI Institute, Kishoregonj in the year 1904. The first meeting of the Managing Committee was held 3.9.2004 and the president of the committee duly put sign..Category: Civil Law | Date: | Hits: 107
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
.... before the trial Court for staying all further proceeding of the instant criminal proceeding as required under section 344 or any other section of the Code of Criminal Procedure. The trial Court has power to postpone and adjourn the proceeding under section 344 or any other section of the Code of......s…………………Petitioner Vs. The State and another…………………………Opposite Parties Judgment July 21, 2010. Result: The rule is made absolute. Cases Referred to- Zakir Hossain and others Vs. The State and another, 43 DLR (AD) (1991) 102; Dhirendra Chakrab......ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ..Category: Criminal Law | Date: | Hits: 54
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
....- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ......i and another.........................Condemned Prisoner Judgment November 4, 2008. Result: The Death Reference No.28 of 2005 is rejected with modification of sentence. Cases Referred to- Ismail Barker Vs. State, 33 DLR 320. Lawyers Involved: Mrs. Umme Kulsum Begum, Deputy A......mits that all the prosecution witnesses are natural, probable and competent witnesses and there is no internal points of falsehood in their evidence on any point and as such the impugned judgment calls for no interference by this court. 16. Learned Assistant Attorney General for the State cit......ned persons at the instance of the 2nd wife of informant had made pre plan to kill the victim Biplob who is the step son of the 2nd wife of the informant. Accordingly there must have been a prior meeting of minds. For an inference of common intention to be drawn for the purpose of section 34, th..Category: Criminal Law | Date: | Hits: 106
Ejlash Mia Vs. State, 2010, 39 CLC (HCD)
....tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ......osite Party Judgment January 4, 2010. Result: The Rule is disposed of. Lawyers Involved: S. M. Abdur Rouf - For the Accused-Petitioner. Md. Ensan Uddin Sheikh, Assistant Attorney-General, Md. Jahangir Alam and Ms. Beadura Ansari, Assistant Attorney-Generals - For the Stat......e State-Opposite Party No.1. Criminal Miscellaneous Case No.15521 of 2007. Judgment Afzal Hossain Ahmed J.- This Rule, at the instance of the convict -petitioner Ejlash Mia, was issued calling upon the opposite parties to show cause as to why the impugned judgment and order of convi......tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ..Category: Criminal Law | Date: | Hits: 90
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....strict'. 7. By Section 5 read with Section 46(1) of the Government of India Act. 1935. ("the 1935 Act") Bengal was a Governor's province in the Federation of India. Section 91(1) of the 1935 Act empowered the King by Order in Council to declare certain areas as "excluded area" and "partially excl......s) Judgment April 12, 13, 2010. Result: The Rule in Writ Petition No.2669 of 2000 is made absolute in part. The Rule in Writ Petition No.6451 of 2007 is discharged. Cases Referred to- Indra Sawhney Vs. Union of India, AIR 1993(SC) 477; Rangamati Food Products Ltd. Vs. Commissi...... Khagrachari and Bandarban Hill District Local Government Council (Amendment) Acts, 1998 (Acts Nos.9, 10 and 11 of 1998) and the Chittagong. Hill tracts Regional Council Act, 1998 (Act No.12 of 1998) calling upon the Respondents to show cause as to why Sections 3, 4(Ka) and (Kha), 5, 6(Uo), 7 and 11......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ..Category: Constitutional Law | Date: | Hits: 314
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....s that there is no evidence against the petitioner to sustain convict and sentence so awarded upon him. 13. The only question that survives for determination in this rule is whether the inherent power under section 561A of the code of criminal Procedure can be exercised in quashing the impugned......………………….Petitioner Vs. The State……………………………………Opposite Party Judgment November 26, 2008. Result: The rule is discharged. Cases Referred to- Golam Mohammad Vs. Muzammal khan and 4 others, PLD 1967 SC 317; Md. Alam and 3 others Vs. The......l Court is perfectly justified in convicting and sentencing the accused petitioner and the Judgment does not suffer from any non-reading and misreading of evidence and as such the impugned Judgment calls for no interference by this Court. 11. Mr. Shahjahan, the learned Assistant Attorney Gene......le thus fails. In the result the rule is discharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ..Category: Criminal Law | Date: | Hits: 99
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
....e the case again. 9. In fact, the complainant did not challenge the order of the Magistrate to the higher Court. Even he did not file any naraji. So in such a situation learned Magistrate had no power to pass further investigation on the basis of an application filed by one S.I. Nur Mohammad.......……………………Accused-Petitioner Vs. The State……………………….Opposite party Judgment November 22, 2009. Result: The Rule is made absolute. Case Referred to- Shahera Khatun Vs. State, 6 BLC (2001) 604. Lawyers Involved: MM. Nuruzzaman, Advocate ...... the Code of Criminal Procedure for quashment of the proceeding of the Sessions Case No.697 of 2008, now, pending in the Court of learned Joint Sessions Judge 2nd Court, Sylhet. 2. Rule was issued calling upon the opposite party to show cause as to why the proceeding of Session Case No.697 of......, District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ..Category: Criminal Law | Date: | Hits: 84
....Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once.
Ed.
This Case is also Reported in:49 DLR (HCD) (1997) 396.
......upreme Court
High Court Division
(Special Original Jurisdiction)
Present:
K M Hasan J
Md. Fazlul Haque J
Bangladesh Film Development Corporation, represented by the Managing Director ……………………………….Petitioner
Vs.
Chairman, 1st Labour Court, Dhaka and ......s Involved:
Md. Hannan, Advocate ‑ For the Petitioner.
Chowdhury Sanwar Ali, Advocate ‑ For Respondent No.2.
Writ Petition No.579 of 1995.
Judgment
KM Hasan J.- The Rule was issued calling upon the respondent Nos.1 and 2 to show cause why the impugned Judgment and Order dated 31......Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once.
Ed.
This Case is also Reported in:49 DLR (HCD) (1997) 396.
..
Category: Labour and Industrial Law | Date: | Hits: 265
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
....e was no Union Parishad and as such, there was no Arbitration Council for filing an application for obtaining permission for the second marriage. Another ground is that, the appellate Court was not empowered to award sentence of fine in addition to the sentence of imprisonment. 3. Perused the jud...... J Mizanur Rahman……………………Petitioner Vs. Surma Khatun…………………..Opposite Party Judgment May 18, 1998. Result: The Rule is discharged. Cases Referred to- Farooque Miah Vs. Tahera Begum, 1981 BLD 165; Ayesha Sultana Vs. Md. Shajahan Ali, 38 DLR 140......ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ..Category: Procedural Law | Date: | Hits: 105
Akhter Hossain (Md.) Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....ed the Bill of Entry for clearance of the spare it was presumed that they acted in connivance with the importer in importing the smuggled goods and, hence his license was temporarily suspended in the power conferred under Rule 21 of the customs Agents Licensing Rules, 1986. It is further stated in t...... J Md. Moinul Islam Chowdhury J Akhter Hossain (Md.)…………………………..Petitioner Vs. Bangladesh and others………………………………..Respondents Judgment October 21, 2009. Result: The Rule is made absolute. Lawyers Involved: Manzil Murshid, Adv......he Petitioner. Md. Mostafa Zaman Islam, Deputy Attorney-General - For the Respondent No.1. Writ Petition No.1894 of 2009. Judgment Tariq-ul Hakim J.- Rule Nisi has been issued calling upon the respondents to show cause as to why a direction should not be given upon the resp......roup-2 and Inquiry Officer, Customs House, Dhaka and withdraw the suspension order of license. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 82. ..Category: Fiscal/Taxation Law | Date: | Hits: 166
.... containing the decision/award of the 4th Wage Board constituted by the Government for Newspaper Employees under the Provisions of section 11 of Act 30 of 1974. In the said award, amongst others, the power, function and duties and responsibilities of the Editor of the newspaper have been defined as ......is Case is also Reported in: 50 DLR (HCD) (1998) 606.
......he Respondent No.2.
Writ Petition No.23 of 1994.
Judgment
Md. Abdul Aziz J.- The petitioners, namely The Editor and the Chief Accountant Bangladesh Observer, Dhaka, obtained this Rule calling upon the respondents to show cause as to why the impugned judgment and order dated 6‑10‑......ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 606.
..
Category: Labour and Industrial Law | Date: | Hits: 215
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
.... Artha Rin Adalat Ain, 2003 in favour of the opposite party No.1 for possessing or mortgaging or for selling out the property just to realisation of debt. The bank, (opposite party No.1) being so empowered published auction notice through the daily Inquilab dated 23.5.2005 for selling out the mort............................Petitioners Vs. Al-Arafa Islami Bank Ltd. and others ..................Opposite Parties Judgment May 2011. Result: The Rule is made absolute. Cases Referred to- IFIC Bank Ltd. Vs. Manner Fashions Ware Pvt. Ltd. and others, 12 BLC (HCD) 723; Abdus Sattar ......ur Rahman- For the Petitioner. Muhammad Nazrul Islam with Abdul Baten- For the Opposite Party. Civil Revision No.1848 of 2010. Judgment Shahidul Islam J.- The Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 3......pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ..Category: Civil Law | Date: | Hits: 112
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