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Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....new Drug Policy. In the petition filed by the Bank before respondent No.1 it was admitted that the project was adversely affected by the new Drug Policy of 1982. 8. Article 32 of the BSB Order empowers the Bank to ask an industrial concern to repay the entire loan in spite of any term stipulate......risdiction) Present: Syed Misbahuddin Hossain J Qazi Shafiuddin J Mannaco Lab. Ltd.......................Petitioner Vs. General Certificate Officer & Bangladesh Shilpa Bank, Taltola, Hill Town Hotel..................................................Respondents Judgment A......For the Petitioner. Syed J.R. Mudassir Hossain, Deputy Attorney General—For the Respondents. Writ Petition No. 4 of 1988. Judgment Syed Misbahuddin Hossain J.- This Rule Nisi was issued calling upon the respondent to show cause why the proceeding in the Certificate Case No.Shilpa-1/86-......for realisation of the amount claimed. 15. Annexure E3 shows that an Assistant General Manager of the Bank filing an application to the respondent No.1 stated that on 8.10.87 the parties had a meeting and the Bank reduced the claim of 102 lakhs to Tk.70 lakhs only for liquidation of the entir..Category: Civil Law | Date: | Hits: 171
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....stion of maintainability of the appeal was not specifically raised in the Appellate Court below, but this being a question of law, can be raised here before this Court. This Court in exercising its power under section 115(1) of the C.P.C. can even suo motu interfere into an illegal order in the ......................Petitioners Vs. Abdul Karim Sheikh & others.........................Opposite Parties Judgment May 31, 1989. Result: The Rule is made absolute. Cases Referred to- 26 DLR(AD)1(8);38 DLR (AD)33(8);22 DLR (SC)102(11);AIR 1957 Cal. 242(11);22 DLR (SC)144(13). ......ing to a decree to be appealable. 8. Mr. Gazi Siddique Ahmed, the learned Advocate appearing for the contesting opposite parties, on the other hand, submits that this point was not raised specifically by the present petitioners as respondents at the time of hearing of the said appeal and as s......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ..Category: Procedural Law | Date: | Hits: 174
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......…………Appellant Vs. State…………………………Opposite Party Judgment June 19, 1994. Result: The appeal is dismissed with modification of sentence. Cases Referred to- Firoza Begum Vs. Harmuz Ali and another, 40 DLR 161; Nurul Islam & others Vs. State, 40 D......es of a case under inquiry or trial in such Court and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial. Neither the accused nor his agent shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ..Category: Criminal Law | Date: | Hits: 135
Abdus Satter Bhuiya Vs. Deputy Commissioner Dhaka & Others, 1988, 17 CLC (HCD)
....tigation, inquiry, trial or other proceedings under this code by or before such Court or officer, such Court may issue summons or such officer a written order, to the persons in whose possession or power such document or thing is believed to be requiring him to attend and produce it, or to produce......ceedings of D.A.B. Non F.I.R. Case No.717 dated 6.8.86 and D.A.B.G.R. No.76 of 1986 under section 175 of the Penal Code. 2. The petitioner's case, in short, is that one Mr. Abdul Khaleque, Inspector, District Anti-Corruption Bureau, Commissioner's Building, Dhaka by his letter dated 21.4.86 u......nd there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summarily. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ......nd there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summarily. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ..Category: Procedural Law | Date: | Hits: 118
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
....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 ......……………..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......r Hashinat Ali, Advocates—For the accused Petitioner. Ekramul Haque, Advocate-For the State. Criminal Revision Case No.35 of 1989. Judgment Habibur Rahman Khan J. - This Rule was issued calling upon the Deputy Commissioner, Dinajpur to show cause as to why the proceedings of Special Tr...... 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
Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....vision, we should consider it with utmost care and caution. The relevant portion of the said decision may be quoted as follows:— "It (meaning P.O.No.129 of 1972) confers upon the Shilpa Bank powers to advance loan and provides the composition, powers and functions of the Bank. It also lay......Ahmed Silk Mills Ltd.......................Petitioner Vs. Bangladesh Shilpa Bank.............Opposite Party Judgment June 29, 1989. Result: The Rule is discharged. Cases Referred to- Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 38 DLR (A.D.) 70. Lawyers Involved: ......at section 10 CPC, is at all attracted. 13. For the reasons stated above, we find that the impugned order suffers from no legal infirmity occasioning any failure of justice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to cost......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ..Category: Civil Law | Date: | Hits: 119
Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)
.... Criminal Procedure to have a full control and authority over the case to conduct and withdraw the case for securing the ends of criminal justice. It is needless to say that a very wide and general power has been given to the Public Prosecutor 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....... The Sessions 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. ....... The Sessions 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. ..Category: Procedural Law | Date: | Hits: 143
Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
....-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 (......riminal Miscellaneous Case No.13163 of 2003. Judgment Md. Shamsul Huda J.- Supplementary affidavits filed before us do form part of the main application. 2. This rule was issued on 6-12-2003 calling upon the opposite party to show cause as to why the proceeding of Special Case No.56 of 2003......igate from Daewoo Corporation of South Korea was taken on the basis of a summary dated 6-8-1996 that contained an objection of the then Finance Secretary, a decision was taken in an inter ministerial meeting held on 31-3-1997 under the Chairmanship of the then Prime Minister to float a second intern..Category: Criminal Law | Date: | Hits: 106
Dainik Janakantha Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity, 1997, 26 CLC (HCD)
....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. ......e of section 115, CPC conferring on the High Court Division the jurisdiction to reverse an order passed by the subordinate Courts. The said sentence runs as follows: “The High Court Division may call for the record of any case which has been decided by any Court subordinate to the High Court Di......e impugned order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.118 of 1996 is set aside Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 470. ..Category: Civil Law | Date: | Hits: 169
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....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 ......ment and decree passed by the appellate 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 pa......'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
Eliadah McCord Vs. State, 1995, 24 CLC (HCD)
....icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495....... is allowed in part. Lawyers Involved: Obaidur Rahman Mostafa with Farid Ahmed, Syed Khalequzzaman, Bahreen Khan and Rezeen Taheer, Advocates ‑ For the Appellant. M. Shamsul Alam, Deputy Attorney General ‑ For the State. Criminal Miscellaneous Case No.2085 of 1995. Criminal Appeal......section 19(1) of the Narcotics Control Act, 1990. 9. Mr. Mostafa submits, the facts and circumstances of the case go to show that even if she carried the four packets of white powder, she might be called or treated as best as an abettor or helper under section 25 of the Act and not the actual car......icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495...Category: Criminal Law | Date: | Hits: 162
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....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......e appellant Court and did not assign any reason as to the correctness of the findings arrived at by it. 10. Learned counsel for the pre-emptor argued that this point having not been specifically raised in the trial Court, the appellate Court was not justified in deciding the point. There ...... husband being a Government Servant, she used to stay with her husband at different places and so she could not visit her paternal home regularly. On her request her brother, the vendor, arranged a meeting for amicable partition of the joint property and in the said meeting, the vendor disclosed..Category: Property Law | Date: | Hits: 138
Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)
.... 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 Regulations had the authority to exercise the powers mentioned in those sub-regulations. 9. The petitioner at the relevant time was an Assistan......………Petitioners Vs. Nazrul Islam Miah……………………………………………Respondent Judgment May 25, 1986. Result: The rule is discharged. Cases Referred to- Abdul Hannan Sikder and others Vs. Bangladesh Bank & others, 31 DLR (AD) 298; Banglades...... their services were terminated under the instruction of the higher authority. The termination order being termination simplicities and not a punitive one, the impugned order of termination cannot be called in question in the Civil Court. It was his farther contention that as the plaintiffs did not ......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)
.... 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...... 22 are applicable in special law unless these are specially excluded by the special law and other provisions including section 5 of the Limitation Act are not applicable unless those are made specifically applicable by the special law. This view finds support from a number of decisions of Indo-Paki......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
....(2) (e), the (Provincial) Government may frame rules to prescribe the forms of licence for the manufacture, sale and distribution 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 Administration and Licencing Authority (Drugs), Directorate of Drug Administration…...... 102 (2) of the suspended Constitution of the People's Republic of Bangladesh as restored under the Constitution (Partial Revival) (Second) Order, 1985 read with the Proclamation Order No.1 of 1985 calling upon the respondents to show cause as to why the impugned order of cancellation of licence......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
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
.... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ......90 and 1373 of 1990 are allowed. Jail Appeal Nos.959 of 1990, 960 of 1990, 965 of 1990, 964 of 1990, 962 of 1990, 1374 of 1990, 1371 of 1990 and 1370 of 1990 are dismissed. Cases Referred to- Akhter Hossain and other Vs. State, 44 DLR 83; Ram Chandra and another Vs. State of Uttar ......nsideration of the above, we find that the victims Biraja Rani Debriath and her 5 children namely, Niyatibala, Pranatibala, Subhash, Suman, and Sujan were murdered. 22. The material issue which called for determination in this case is whether the accused‑convicts, in furtherance of their com......l Code was not applicable in the cases of accused Tajul Islam and 8 others who were sentenced to death. This amply demonstrates that the learned Additional Sessions Judge has failed to understand the meeting of the provision of section 34 of the Penal Code which reads thus: "When a criminal ac..Category: Criminal Law | Date: | Hits: 139
Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)
....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 ......uq and Adilur Rahman Khan, Advocates - 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......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. ..Category: Labour and Industrial Law | Date: | Hits: 162
....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...... and on 01.07.1985 that petition was moved along with the supplementary affidavit but the Court was pleased to issue a Rule as aforesaid to the effect as to why the impugned Circular dated 25.02.1985 calling for three names of nominees be not declared to have been done without lawful authority a......s rule is discharged without 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.
..
Category: Civil Law | Date: | Hits: 162
Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)
....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......t Naimuddin Ahmed J.- By the application under Article 102 of the Constitution an order dated 4‑11‑91 passed by the Chairman, Labour Court, Chittagong in complaint Case No.182 of 1986 has been called in question. 2. The respondent No.2 of this writ petition named Nurul Haque was a worker d......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)
....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...... double seal on any ballot papers. In Ext. 'Ka' it was a prayer for re‑counting 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 Tribuna......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. ..Category: Election Law | Date: | Hits: 273
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