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Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
.... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ......investigation or for taking cognizance of the offence under section 25B and 25D of the Special Powers Act against the accused petitioner and the learned Sessions Judge purported to have exercised his power as Special Tribunal, Dinajpur by his order dated 23-1-89 took cognizance of the offence under ......€¦â€¦â€¦â€¦â€¦â€¦..Accused Petitioner Vs. The State……………………...............Opposite Party Judgment June 27, 1989. Result: The Rule is made absolute. Cases Referred to- 29 DLR 428; 30 DLR 125; 31 DLR 242-243; Md. Kalu Bhuiya alias Kalu Vs. Special Tribunal No. I...... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ..Category: Criminal Law | Date: | Hits: 103
Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)
..... The SesÂsions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ...... Criminal Procedure to have a full control and authority over the case to conduct and withdraw the case for securing the ends of crimiÂnal justice. It is needless to say that a very wide and general power has been given to the Public ProsecuÂtor in the matter of conducting criminal cases in a Cour........Opposite Party Judgment June 27, 1989. Result: The Rule is discharged. Lawyers Involved: Humayun Hussain Khan, Advocate—For the Petitioners. A.K.M. Shamsul Karim, Assistant Attorney General with S.B. Barua, Advocate-For the State. Criminal Revision No.16 of 1988. Judgm......s withdrawal of a case on an appliÂcation by the Public Prosecutor with the consent of the Court. This section does not of course speak of any grounds but grounds must be furnished so that the Court granting permission to withdraw can act juÂdicially in granting withdrawal. But in a case of reviÂ..Category: Procedural Law | Date: | Hits: 143
Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
....of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ......-6-2001. It is clearly admitted in the FIR as well as in the charge sheet that previous Government being headed by Madam Khaleda Zia was considering the purchase of Frigate since 1995 before assuming power by the Government headed by the petitioner herein. Then a team visited various countries. It i...... Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment May 18, 2010. Result: The rule is made absolute. Cases Referred to- Mustafa Kamal Vs. Commissioner of Customs, 52 DLR (AD) 1; State Vs. Ch Bhajan Lal, AIR 1992 (......of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ..Category: Criminal Law | Date: | Hits: 106
Dainik Janakantha Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity, 1997, 26 CLC (HCD)
....5, CPC by arguing that no revision should be entertained when a remedy by way of an appeal against the impugned order lies to a Subordinate Court. True, the exercise of the revisional power is purely discretionary and so the existence of another remedy should be taken into account in considering whe......n which no appeal lies thereto ..............” 7. The expression "no appeal lies thereto" means no appeal lies to the High Court Division. Therefore, there is no jurisdiction for restricting the power conferred upon the High Court Division under section 115, CPC by arguing that no revision shou......HCD) (1996) 470. ......nd it inequitable to ask one of the parties to an agreement to perform its obligation without asking the other party to do his obligation. 9. Secondly, the plaintiff by the impugned order has been granted all the reliefs which it has prayed for in the plaint, that is to say, the impugned order ha..Category: Civil Law | Date: | Hits: 169
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ......on 7(1) of the Ordinance, 1961 does not invalided the divorce. 23. In this case the defendant petitioner deposed before the Court concerned and stated that he divorced his wife. So Court has ample power to consider the same according to law. Divorce should be pronounced expressly and should have ......llate Court is upheld with modification. Lawyers Involved: No one appears. Civil Revision No.1293 of 1996. Judgment SM Emdadul J.- The Rule was issued calling upon the opposite parties to show cause as to why the judgment and decree dated 4-11-1995 passed by the Subordinate Judge and ......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ..Category: Family Law | Date: | Hits: 202
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ......hops to the tenants. Moniruddin is the elder brother-in-law (husband's elder brother) of the pre-emptor and Amjad, son of Moniruddin along with his partner Khokan used to deal with electric goods and power loom parts in a shop in the case land by taking the same or rental basis. The pre-emptor and t..............Appellants Vs. Galman Begum and others……………………………………………Respondents Judgment June 15, 2011. Result: The appeal is allowed. Cases Referred to- Abdus Samad Vs. Md. Sohrab Ali, 33 DLR (AD)113; Abdur Rashid Sarker Vs. Dines Chandra Das, 58...... is the appellant who seeks pre-emption of a holding claiming as co-sharÂer transferred by the respondent No.2 in favour of Sultan Uddin Bhuiyan, the predecessor of the respondent Nos.1-3. Leave was granted to consider on two points, namely; the defect of parties and the limitation. 3. Short fac..Category: Property Law | Date: | Hits: 138
Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)
....erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ...... an employee’s other than an officer snail include the Managing Director or any other officer, who, immediately before the coming into force of these ReÂgulations had the authority to exercise the powers mentioned in those sub-regulations. 9. The petitioner at the relevant time was an Assistan......€¦â€¦â€¦â€¦Petitioners Vs. Nazrul Islam Miah……………………………………………Respondent Judgment May 25, 1986. Result: The rule is disÂcharged. Cases Referred to- Abdul Hannan Sikder and others Vs. BanglaÂdesh Bank & others, 31 DLR (AD) 298; Banglades......erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ..Category: Labour and Industrial Law | Date: | Hits: 186
Elahi Bux Vs. State, 1986, 15 CLC (HCD)
....e rendered by him to this Court. This application is, therefore, summarily rejected. Bimalendu Bikash Roy Choudhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 164. ...... the appellant petitioner contended that there is no bar to the applicability of section 5 of the Limitation Act in an appeal filed under section 30 of the Special Powers Act and this Court has ample power to condone the delay if it is satisfied that there is sufficient ground for the delay. In supp...... Court High Court Division (Criminal Appellate Jurisdiction) Present: Daliluddin Ahmed J BB Roy Chowdhury J Elahi Bux…………………………………Convict/Appellant (In Custody) Vs. State……………………………………………Respondent Judgment F......e rendered by him to this Court. This application is, therefore, summarily rejected. Bimalendu Bikash Roy Choudhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 164. ..Category: Limitation Law | Date: | Hits: 222
....d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 158.
......(2) (e), the (Provincial) GovernÂment may frame rules to prescribe the forms of licence for the manufacture, sale and distribuÂtion of drugs, form of application, conditions of licence, authority empowered to issue the same and the fees payable therefore. It is clear, therefore, that under the sai......Court
High Court Division
(Special Original Jurisdiction)
Present:
Mustafa Kamal J
AM Mahmudur Rahman J
Ruhul Amin……………………………………Petitioner
Vs.
Director, Drug AdminisÂtration and Licencing Authority (Drugs), DiÂrectorate of Drug Administration…â......d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 158.
..
Category: Others | Date: | Hits: 184
Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)
....and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ......ent to pass an appropriate order deciding the case on receipt of a complaint under clause (b) of section 25 of the Act, after notice and hearing of the parties. Thus it is clear that Labour Court’s power is not restricted to the grant of relief of reinstatement only. It can pass any order deemed j......vocates - For the Petitioner. Writ Petition No.2607 of 1992. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioner Md. Azizul Huq calling upon the respondents to show cause as to why Judgment and order dated 27‑01‑82 passed by the Labour Court, Khulna in ...... materials on record submitted that Labour Court having found that dismissal of the petitioner was not tenable in law acted illegally in dismissing the case on erroneous view that Labour Court cannot grant the relief of declaration. 3. It appears that the petitioner was appointed as a clerk in 19..Category: Labour and Industrial Law | Date: | Hits: 162
....s rule is discharged withÂout any order as to cost. The stay granted earlier is hereby vacated.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 145.
......contesting parties always till this plea is taken for the first time at the hearing because from annexure 'B', annexed to the affidavit in opposition filed by the respondent No.4 it is seen that this power of recognition under section 2 (E) of the Town Improvement Act had been exercised by the Minis......of Bangladesh as revived, is directed against the Circular No.Sectt 11/M-181/81 (branch) 341/3 dated 25.02.1985 issued by the Ministry of Works, inviting Metropolitan Chamber of Commerce and Industry to send panel of three persons for appointment as a Trustee to the Board of Trustee's, Dhaka Improve...... party who alleges the existence of such a waiver, that the law out of which that right arose dealt only with an individual right, effecting the right of none else in the process. For, if behind that grant of right, even be it individual, some object of public policy is indiÂcated to be achieved by..
Category: Civil Law | Date: | Hits: 162
Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)
....e without lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ......ed Advocate appearing for the respondent No.2, has, on the other hand, contended that under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 the learned Labour Court had ample power to convert the order of dismissal into re‑instatement and the said power of the learned Labo...... from 345PM and an explanation was called for from the respondent No.2 against the charges levelled against him. The Respondent No.2 duly submitted his explanation and an enquiry committee enquired into the charges levelled against him. The Enquiry Committee held the enquiry in his presence during w......e without lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ..Category: Labour and Industrial Law | Date: | Hits: 162
Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)
....ion Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ......g and all other rest allegations are vague and unspecified. He submitted that recounting of ballot papers is not specifically provided under the Election Rules but it can be exercised by the inherent power of the Tribunal, if it is found that there was a prayer made in writing by any party to the pr.........................Petitioner Vs. Md. Mozaffar Hossain and others........................Respondents Judgment November 14, 1994. Result: The Rule is made absolute. Cases Referred to- Nadar Ali Khan Vs. AKM Ahmedullah Chowdhury and others, 39 DLR 193; Abdul Hannan Vs. Election...... aside and the Judgment and order passed by Assistant Judge and Election Tribunal, Chandpar on 31‑5‑93 in Election Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HC..Category: Election Law | Date: | Hits: 273
Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)
....herefore, committed no error in passing the impugned order. The Rule is, accordingly, discharged withÂout any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 140. ......ction petition shall be tried, as nearly as may be, in accordance with the procedure for the trial of a suit under the Code of Civil Procedure, 1908. Under Rule 48 the Tribunal shall exercise all the powers of the Civil Court trying a suit under the Code of Civil Procedure. 10. Rule 49 provides f...........................Petitioner Vs. Selimuzzaman.......................................Opposite Party Judgment September 25, 1986. Result: The Rule is discharged. Case Referred to- Md. Kabir Vs. Momtazuddm, B.C.R. 1985 (HCD) 276. Lawyers Involved: Abdul Quayum, Advoca......This proviÂsion is subject to the rules made in this behalf. Sub-section (2) coupled with rule 45 indicates that on the conclusion of the hearing of an election petition the Tribunal may pass orders granting such relief or reliefs as the petitioner of an election petition is entitled to claim under..Category: Election Law | Date: | Hits: 309
Anwar Ali (Md) Vs. Chairman, Rajdhani UnnaÂyan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)
....uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ......to be obtained for do construction of building where the construction has been made upto 4 feet above plinth level. (2) The Government may, by notification in the Official Gazette, direct that the power of an Authorised Officer under sub‑section (1) shall be exercised by a Committee in such are......‑For the Respondent Nos.1‑2. HR Sharif ‑For the Respondent Nos.6‑14. Writ Petition No. 225 of 1989. Judgment Mainur Reza Chowdhury J.- This Rule Nisi was issued on the respondents to show cause why the notice dated 26.12.88 (Annexure‑F) issued by the Authorised Officer, Rajdhan......ny building is being made or any Link is being excavated or re‑excavated without obtaining the sanction under section 3, or in breach of any of the terms or conditions subject to which sanction was granted under that section, he or it may, by a notice, direct the owner, the occupier and the person..Category: Property Law | Date: | Hits: 92
Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)
....eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508.......ts after consolidation of hearing of the suits. The matter in issue involved in both suits referred above are directly and substantially the same. Section 10 CPC does not intend to take away inherent power of the Court to consolidate in the interest of justice in appropriate cases. In the previously......, Dhaka rejecting the Petition dated 10.4.90 filed under section 151 CPC praying for an analogous trial of both the Title Suit Nos.365 of 1988 and Title Suit No.62 of 1990. 2. Facts giving rise to this Rule may briefly be put thus: Defendant‑petitioner Rezaul Karim Obtained a higher de......eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508...Category: Property Law | Date: | Hits: 112
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ......pecial circumstance as distinguished from sufficient cause in Order 9 rule 13 has been given. In the said decision in paragraph 9 it has been held as follows: "Under rule 13 of Or. 9 the Court has power to set aside the ex parte decree if the defendant succeeds in satisfying the Court that he was......um………………………Petitioner Vs. Ali Ahmed Patwari………………………Opposite Party Judgment April 24, 1995. Result: The Rule is made absolute. Cases Referred to- Kokarmal Gurudayal Vs. Sagarmal Bengani, AIR 1972 (Calcutta) 430; Mohan Lal Vs. Om Prakash, A......ut a plausible defence in his said application. Therefore his submission is that the learned District Judge rightly allowed the application under Order 37 rule 4 and set aside the ex prate decree and granted leave to the defendant to appear and contest the suit by filing written statement. The learn..Category: Procedural Law | Date: | Hits: 125
Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
....ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ......riably permission for investigation into a non‑cognizable offence is to be sought by the informant. Provisions of sub‑section (2) has been couched in a negative form to emphasize the limit of the power of a police officer in respect of investigation into a non‑cognizable offence like a cogniza......€¦â€¦â€¦Opposite Party Judgment February 1, 1996. Result: The Rule is discharged. Lawyers Involved: Amjad Hossain, Advocate ‑ For the Petitioner. Abdus Salam Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.788 of 1991. Judgment Kazi Ebadul Ho...... basis of the information supplied by the opposite party No.1 on 29.10.90 police made a GD entry. Thereafter sought permission from the Upazila Magistrate on that very date but the learned Magistrate granted permission on 30.10.90. Thereafter on the very same, date i.e. on 30.10.90 at about 12‑30 ..Category: Criminal Law | Date: | Hits: 112
Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......ing Director and not more than five other directors. Besides, the Corporation may appoint a standing comÂmittee of experts to be called the Technical Advisory Committee. Article 20 of PO 7 of 1973 empowers the Corporation to grant loan to borrowers. Article 21(1) speaks condition for granting loan ......gum Shirin Akhtar.................Petitioner Vs. Bangladesh House Building Finance Corporation and others...............Opposite Party Judgment June 7, 2010. Result: Cases Referred to- Bangladesh House Building Finance Corporation Vs. Jahan Ara Akhter, 49 DLR (AD) 80; 47 DLR 15......than five other directors. Besides, the Corporation may appoint a standing comÂmittee of experts to be called the Technical Advisory Committee. Article 20 of PO 7 of 1973 empowers the Corporation to grant loan to borrowers. Article 21(1) speaks condition for granting loan as no loan can be sanction..Category: Civil Law | Date: | Hits: 198
Mohiuddin Ahmed and others Vs. State, 2011, 40 CLC (HCD)
....ated 2-11-1993 under the section 506 of the Penal Code and the proceeding in the said case is hereby quashed. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 564. ......case. 10. Section 155(2) of the Code of Criminal Procedure States:— "No police officer shall investigate a non cognizable case without the order of a Magistrate of the 1st or 2nd class having power to try such case or send the same for trial." 11. The police having not done so, the subseÂ......d. Ashfaqul Islam J Md. Abu Zafor Siddique J Mohiuddin Ahmed and others…………………Accused-Petitioner Vs. State……………………Complainant-Opposite Party Judgment October 5, 2011. Result: The Rule is made absolute. Lawyers Involved: Sk Md. Sirajul Islam......on 561A of the Code of Criminal Procedure and obtained the present Rule and Stay. 5. Mr. Sk Md. Sirajul Islam the learned AdvoÂcate appearing on behalf of the petitioners mainly argued that in flagrant violation of mandatory proviÂsion of section 155(2) of the Code of Criminal Procedure. The po..Category: Criminal Law | Date: | Hits: 90
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