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Estaque Ali Howlader & others Vs. Jahangir Alam Matbar, 1983, 12 CLC (HCD)
....erform as nearly as may be the same duties as are conferred and imposed by the Code on a Court of original jurisdicÂtion in respect of suits instituted therein and, therefore, an appellate Court has power to pass an interlocutory or incidental order tor maintaining the status quo or to preserve the......ion for temporary injuncÂtion of the opposite parties. 2. The opposite parties filed Title Suit No.225 of 1983 for a permanent injunction restraiÂning the defendants-petitioners, from entering into the suit properties by force. Their case, in brief, is that plaintiff No.1 Jahangir Alam Matubbar......tes and perusing the papers I hold that the plainÂtiffs-opposite parties have not made out a prima facie case for an order of temporary injunction. An order for maintenance of status quo is also not called for in the facts and circumstances of the case. Observations in this Judgment are confined to......o sell their entire shares to plaintiff No.1 and his wife plaintiff No.2. The offer was accepted and instruments of transfer of shares were executed by the parÂties. The transfers were approved in a meeting of the Board of Directors held on 11.3.83. The documents of transfers were duly filed with t..Category: Civil Law | Date: | Hits: 147
Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)
....ja, Fatema Begum, Hasan Ali Pathan, Hossain Ali Pathan, Osman Ali Pathan, Abdus Satter Pathan, Moslemuddin Pathan and Mojibur Rahman Pathan appointed Mohammad Jamsher Ali their attorney by registered power of attorney dated 26.2.95. The attorney sold in total sold 10 decimals, .06 from plot No.27 an......¦â€¦â€¦â€¦..Petitioner Vs. AKM Gyasuddin Sarder and others…………………………..Opposite Party Judgment May 03, 2007. Result: The rule is made absolute. Cases Referred to- Md. Siddique and others Vs. Haji Ahmed, PLD 1967 Karachi at 468; PLD 1968, Lahore 367; 57 DLR......a Sultana - For petitioners. Abdul Malek with S.M. Shahjahan - For the Opposite Parties. Civil Revision No. 645 of 1999. Judgment Syed AB Mahmudul Huq J.- This rule was issued on 02.03.99 calling upon the opposite parties No.1-7 to show cause as to why the Judgment and decree dated 18.10......granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534...Category: Procedural Law | Date: | Hits: 97
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ing of Defence of Pakistan Ordinance, 1965 (XXIII of 1965) and Rules framed thereunder. Defence of Pakistan Ordinance and Rules framed thereunder made by Central Government of Pakistan in exercise of powers conferred by section 3 of The Ordinance are reproduction of Defence of India Act and Rules of......sak being dead her heirs: I(i) Sree Narayan Chandra Basak and others………………………Plaintiffs-Petitioners Vs. Government of Bangladesh, represented by the Deputy Commissioner, Collectorate Building, P.S. Kotwali, District-Dhaka and others………………………Defendants-Opposi....... 21. Rule 3 of Order VIII enshrines: It shall not be sufficient for a defendant in his written statement to deny generally the grounds alleged by the plaintiff, but the defendant must deal specifically with each allegation of fact of which he does not admit the truth, except damages. Rule 5 of O......ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ..Category: Procedural Law | Date: | Hits: 108
.... of administrative action or quasi judicial action/proceeding and, as such, there is no dispute about that.
11. Now coming to the present case it is clear that the Customs authority in exercise of power conferred under sub‑section (4) of section 3 of the Excise and Salt Act, 1944 read with sect......
Vs.
Secretary, Ministry of Finance, (Internal Resources Division) and others………….…….Respondents
Judgment
March 20, 1994.
Result:
The Rule is discharged.
Cases Referred to-
46 DLR 282; 21 DLR (SC) 225.
Lawyers Involved:
Shaikh Razzaque Ali, Advocate ‑ For t......oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
......oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
..
Category: Fiscal/Taxation Law | Date: | Hits: 278
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....ny other law for the time being in force, no Court of Sessions shall take cognizance of any offence as a Court of original jurisdicÂtion unless the accused has been sent to it by a Magistrate duly empowered in that behalf." 8. So far as the Court of sessions is concerned, proceedings must be ini...... 9, 1982. Result: The rule is made absolute. Lawyers Involved: Mujibur Rahman - For the Petitioner. M. Shehabullah - For the Complaint. Opposite Party No.2. AFM Shahid, Assistant Attorney-General - For the State. Criminal Revision No. 40(C) of 1982. Judgment ATM Afzal J.-......pposite Party No.2. AFM Shahid, Assistant Attorney-General - For the State. Criminal Revision No. 40(C) of 1982. Judgment ATM Afzal J.- Accused-petitioner Abdur Razzak obtained this rule calling in quesÂtion two orders. The first one is dated 13.4.82 passed by Additional Sessions Judge......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ..Category: Criminal Law | Date: | Hits: 110
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....er and he was placed under suspension on 10.06.2004 under Regulation-10(1) of the National University Employees (Discipline and Appeal) Statute. The Vice-Chancellor of the National University has got power to place the petitioner under suspension and the petitioner was also asked to show cause on 21......Gazipur represented by the Vice-Chancellor, Gazipur-1706 and others…………………………Respondents Judgment April 18, 2006. Result: The Rule is made absolute. Cases Referred to- Registrar, Supreme Court of Bangladesh Vs. Md. Sofiuddin and another, 6 BLC (AD) 141; Anwarul......swood, Advocate - For the Respondent Nos.1&2. Writ Petition No.2066 of 2005. Judgment ATM Fazle Kabir J.- This Rule Nisi was issued at the instance of sole petitioner Md. Zulfikar Mahmud calling upon the respondents to show cause as to why the order of suspension dated 10.06.2004 as in ......ri Degree College, Rajshahi brought similar allegations of corruption against the petitioner in black and white before the Parliamentary sub-committee under the National University. The proceeding of meeting and report of the sub-committee have been marked as Annexures-2 & 3. The University auth..Category: Employment/Service Law | Date: | Hits: 165
Abdul Gani alias Ganya Vs. State, 2006, 35 CLC (HCD)
....ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ......…………………..Convict Appellant Vs. The State………………………………....Respondent Judgment May 16, 2006. Result: The appeal is dismissed. Cases Referred to- 25 BLD 646; 50 DLR (AD) 24. Lawyers Involved: Md. Shihab Uddin Mahmud - For the Convict......ession of the convict appellant and the co-accused stating that at the moment the convict appellant was hiding in an adjacent house and on seeing this he along with others surrounded the house and on call from him convict appellant Abdul Gani came out and surrendered to them and thereafter the convi......ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ..Category: Criminal Law | Date: | Hits: 102
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
.... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ......e death reference is rejected. The appeal filed by the accused‑appellants Raisuddin, Amanullah, Morshed, Samar, Moula, Shabid, Makbul, Manik, Islam and Ramizuddin, is allowed. Cases Referred to- Muhammad Ilyas and 5 others Vs. State, PLD 190 (SC) 443; Kashmira Singh Vs. State of Madhya P...... The compliance of section 364 CrPC has not been made by the learned Magistrate as such the defect is not curable and by examination of the Magistrate such defect cannot be cured. Therefore, the so‑called confessional statement cannot be admitted or considered by this Court. It is reported in the ...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ..Category: Criminal Law | Date: | Hits: 104
Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
.... Mr. Shah Mohammed Sharif, the learned Counsel appearing on behalf of the opposite party argued with reference to section 529 of the Code of Criminal Procedure that although the Magistrate was not empowered in the insÂtant case to take cognizance of the alleged offence yet as he had done so errone......ved: B.N. Chowdhury with Parimal Chandra Guha and Arun Kumar Bhattacharjee - For the Petitioner. Shah Mohammed Sharif with Nizamul Huq - For Opposite Parties No. 2. Moazzem Hossain, Deputy Attorney General- For the State. Criminal Revision No. 484 of 1981. Judgment Abdur Rahman Ch....... Furthermore, the address of the petitioner has been given at 331, Outer CirÂcular Road, Bara Magbazar, within the Ramna Police Station of the Metropolitan City of Dacca. The petitioner has categorically asserted in this application before the Court without being controverted that he had no connec......ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ..Category: Criminal Law | Date: | Hits: 107
Ferdousy Begum (Doli) Vs. Mahela Khatoon and others, 1996, 25 CLC (HCD)
....ected against any order of the lower Court nonetheless at the moment due to vacation of the Civil Court there being no alternative remedy his client has filed this application to invoke our residuary power under section 151 of the CPC. He contends that this petition is maintainable inasmuch as the C......urt High Court Division (Special Revisional Jurisdiction) Present: AM Mahmudur Rahman J Nurul Islam J Ferdousy Begum (Doli)………………………Petitioner Vs. Mahela Khatoon and others……………………………Opposite Parties Judgment December 10, 1996. ......For the Respondents. Civil Order No. 4474 of 1996. Judgment A M Mahmudur Rahman J.- By this application under Order 39 rule 1 read with section 151 CPC the petitioner seeks issuance of Rule calling upon the opposite party to show cause as to why she shall not be restrained by an order of t......or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ..Category: Civil Law | Date: | Hits: 121
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....iod of long fifteen (15) years to bring out into the open her protest. Record indicates that Criminal Appeal was admitted for hearing on 8‑5‑1991. Learned Counsel Mr. Muhammad Abdul Mutalib filed power on behalf of accused-respondent on 3‑7‑1991. The appeal was made ready for hearing on 18â€......nant-Appellant Vs. AHM Mohsin........................................Accused-Respondent Judgment April 20, 2003. Result: Criminal Appeal No.125 of 1991 is allowed. Cases Referred to- Empress of India Vs. Gayadin, (1881) ILR 4 All 148; Queen-Empress Vs. Robinson, (1804) ILR 16......mperor, AIR 1925 PC 151. 10. In Harbans Singh Vs. State of Punjab, 1962 Supp (1) SCR 104=(AIR 1962 SC 439=1962(1) Cri LJ 479) a four-Judge Bench of Supreme Court of India observed: "What may be called that golden thread running through all these decisions is the rule that in deciding appeals a......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568...Category: Family Law | Date: | Hits: 165
....t any illegality or infirmity in the decision of the High Court Division so as to call for interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 263.
......, 2007.
Result:
The petition is dismissed.
The Government Servants (Discipline and Appeal) Rules, 1985; Rules 10(8)
In a departmental proceeding the role of the Inquiry Committee is only to help the authority in arriving at a correct and impartial finding on the charges levelled against......n proper consideration of the materials on record arrived at a correct decision. The learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT......t any illegality or infirmity in the decision of the High Court Division so as to call for interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 263.
..
Category: Labour and Industrial Law | Date: | Hits: 832
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....Procedure. In this connection the learned Advocate further submits that under this section for prevention of the abuse of the process of Court or for the ends of justice, the Court possesses inherent power to restrain any party from proceeding with the suit or proceeding pending in a different Court......saduzzaman J Sarada Bala Sen............Appellant Vs. Sheikh (Md.) & others............Respondent Judgment April 20, 1995. Result: The appeal is dismissed. Cases Referred to- Firm Ishardes Devi Chand and another Vs. RB Prokash Chand and another, AIR 1969 (SC) 938; Abd......dge after hearing both the sides was pleased to pass the impugned order of injunction against defendant‑appellant for the ends of justice, presumably under section 151 of the CPC, though not specifically mentioned in the order. Mr. Nayeem emphatically contends that the impugned order is not an ord......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239...Category: Civil Law | Date: | Hits: 130
Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)
....0‑6‑93 which in its turn amended SRO dated 18‑6‑92. According to him, statutory duty as shown in the first schedule of the Customs Act is not the effective duty. Government in exercise of its power under section 19 of the Customs Act can allow full or partial exemption of the statutory duty ......03. ......refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ......refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ..Category: Fiscal/Taxation Law | Date: | Hits: 204
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
.... 27.05.1993 for amount of Taka 18 lacs as cash credit (Hypo) with interest of Taka 15% with the expiry date on 30.04.1994 under certain conditions and with the execution of mortgage deed, irrevocable power of attorney and other charge documents. Thereafter before expiry of previous loan facilities o......ant-Petitioner Vs. Saiful Islam……………………………Respondent-Opposite Party Judgment March 12, 2006. Result: The application for amendment is allowed. Case Referred to- Kishandas Vs. Vithoba, (1909) 33 Bom 644. Lawyers Involved: J. K. Paul - For the Appell......defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ..Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....vision, promulgated, in the case British Airways plc. Vs. Bangladesh Air Services Pvt. Ltd. Reported in 48 DLR (HC) 249, Mr. Ahmed submitted that the said decision stands for the proposition that the power of the Arbitration Court under section 8 of the Arbitration Act of 1940 (Act X of 1940), was v......vil) Present: Khademul Islam Chowdhury J AHM Shamsuddin Choudhury J Bangladesh Bank represented by its Governor…………………Petitioner Vs. Md. Kasedul Haque Majumder proprietor……………………Opposite Party Judgment January 12, 2003. Result: The rule is...... of law in passing the impugned order for the reasons that as per clause 28 of the contract document, the matter could not have been referred to the Arbitrator as Article 28 unambiguously and unequivocally stipulated that no dispute should be referred to arbitration proceeding unless the entire work......ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....olument in the service of the Government of Bangladesh but not in the service of the Republic within the meaning of Article 133 of the Constitution. 5. Respondent No.1 entered appearance by filing power and is contesting the matter by filing affidavit in opposition denying material allegations ma......€¦â€¦â€¦Petitioner Vs. Mr. Justice Sultan Hossain Khan and others…………………………Respondents Judgment March 06, 2006. Result: The rule is discharged. Cases Referred to- Abdus Shukur Vs. Rikab Chand, AIR 1958, 52 page 937; Guru Gobinda Basu Vs. Sankari Proshad Gh......Attorney-General with Md. Abdus Samad Kamal Assistant Attorney-General, Zafar Imam - For the Respondent No.2. Writ Petition No.1493 of 2005. Judgment Md. Abdul Matin J.- This rule was issued calling upon the respondents to show cause as to why the holding of the office of the Chairman "Durn......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ..Category: Constitutional Law | Date: | Hits: 228
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....s reported in the dailies. The petitioner has asserted to have been recommended to have the charge of Director (Planning), but according to the Rules of Business, a Director of a Corporation is not empowered to recommend any General Manager to have the charge of a Director, because the post of Direc...... No.242 of 2009) Md. Ahsanullah.................................Respondent (In Civil Appeal No.243 of 2009) Judgment July 10, 2012. Result: The appeals are dismissed. Cases Referred to- Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan, 43 DLR (AD) 154; Workers of Bata ......and the same could not be questioned by any employee like the petitioner irrespective of his self-declared position as president of the Union and since no valid committee of the Union existed, the so-called resolution taken, if any, had no basis and even if there was any elected committee of the Uni......r places between 22.01.2006 to 07.02.2006 and most of the employees were stand released. All orders of transfer were harassing; the executive committee of the Karmachari Union of the Corporation in a meeting held on 23.02.2006 took a resolution demanding stoppage of the unnecessary transfer and hara..Category: Employment/Service Law | Date: | Hits: 156
Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)
....resaid 3 minor children. By giving those 3 children to the custody of the mother‑petitioner they are deemed to set them at liberty from unlawful custody of the respondents in exercise of the Courts power under writ jurisdiction. 10. Next question left for us regarding the custody of the minor c......is Judgment. All the four Rules arise under Article 102(2)(b)(i) of the Constitution in the nature of Habeas Corpus alleging kidnapping and detention of 4 minor children of the petitioner from her custody by her husband respondent No.1. 2. The facts stated in all the 4 petitions are, that the pet......erica. Respondent No.1 again came back to Bangladesh in September, 1994 and during his stay in Bangladesh observing some changes in the living style of the petitioner the father of the petitioner was called at the house at Uttara and disclosed the same to him. At this the petitioner became very much......lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460...Category: Family Law | Date: | Hits: 166
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
....on will not vitiate the trial unless the accused has been misled by such error or omission occasioning failure of justice. Similarly, efforts were made under section 232 CrPC where in exercise of the power the appellate Court or the High Court Division if be of opinion that a person who had been mis......ir Husain J Abdur Razzaque @ Geda…………........Appellant Vs. State....................Respondent Judgment August 31, 1995. Result: The appeal is allowed. Cases Referred to- 5 CWN 866; Joynal Abedin Vs. State, 37 DLR (AD) 113. Lawyers Involved: Abdul Quaium Cho......fending himself or themselves. In fact, trial was over and they were also examined under section 342 CrPC and in fact, no opportunity was given by the learned Judge to the accused‑appellant to re‑call the witnesses and to interrogate them on the subject prejudicing their interest. In such a situ......enable the accused to concentrate his attention in the case i.e. he has to meet the charge. If particulars of the offence is not brought on charge the accused is deprived of getting an opportunity of meeting the same. The Privy Council in 5 CWN 866 has defined charge as a precise formulation of the ..Category: Criminal Law | Date: | Hits: 144
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