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Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)
....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......ul Huq with A.K.M. Zahirul Huq, Advocates -For the Opposite Party No.1. Civil Revision No.129 of 1986. Judgment Bimalendu Bikash Roy Chowdhury J.- This rule at the instance of the petitioner calls in question an order dated 27.07.1986 passed by the learned District Judge, Pirojpur in Electi......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. ..Category: Election Law | Date: | Hits: 309
Anwar Ali (Md) Vs. Chairman, Rajdhani UnnaÂyan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)
....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...... 2. The case of the petitioner is that the petitioner, Proprietor of New Lucky Hardware Store has been carrying on business at Municipal Holding No.2, English Road, Roy Shah Bazar Dhaka (hereinafter called the promises). The respondent Nos.6‑14 are the present owners of the premises. The promises......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. ..Category: Property Law | Date: | Hits: 92
Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)
....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......dvocate - For the Petitioner. ABM Nurul Islam with Nowab Ali Molla, Advocate - For the opposite party. Civil Revision No. 887 of 1990. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the order dated 11.4.90 passed by the 1st court of A......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)
....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......ue to the mother of the plaintiff from the defendant and now on a false plea, the aforesaid document is being used as a promissory note against the defendant petitioner and that the stamp of the so‑called promissory note has been purchased in the name of Meherunnessa Begum mother of the plaintiff ......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. ..Category: Procedural Law | Date: | Hits: 125
Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
....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......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. ......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. ..Category: Criminal Law | Date: | Hits: 112
Mohiuddin Ahmed and others Vs. State, 2011, 40 CLC (HCD)
....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......torney-General - For the State. Criminal Revision No.1846 of 1993. Judgment Md. Ashfaqul Islam J.- In an application under section 561A of the Code of Criminal Procedure this Rule was issued calling upon the Deputy CommisÂsioner Bandarban Hill District to show cause as to why the impugned ......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. ..Category: Criminal Law | Date: | Hits: 90
Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
....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......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. ......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. ..Category: Procedural Law | Date: | Hits: 153
....ment of two months' substantive pay in lieu of such notice and the probationer or the employee shall not be entitled to any form of compensation for termination of service."
So this Rule has given power to the authority to terminate the service of any person without assigning any reason. In the i......
High Court Division
(Special Original Jurisdiction)
Present:
Md. Abdul Jalil J
Kazi Ebadul Hoque J
Shamsuddin Ahmed alias Md. Shamsuddin………Petitioner.
Vs.
Managing Director, Bangladesh Mukti Juddha Kallyan Trust and others……..Respondents.
Judgment
August 13, ......petition is declared to have been made without lawful authority. The respondents are directed to reinstate the petitioner in service.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 524.
......petition is declared to have been made without lawful authority. The respondents are directed to reinstate the petitioner in service.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 524.
..
Category: Employment/Service Law | Date: | Hits: 207
Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)
....of Quazie Mahmudar Rahman Vs. Sarat Chandra Dutt reported in 5 CWN 259 it has been held that the time from which leave to appear and defend a suit runs is from service of summons and the Court has no power, after the time fixed by the summons for obtaining leave to appear and defend had expired, to ......Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Md. Badruzzaman J Javed Traders and another…………Petitioners Vs. Premier Soap Factory Ltd. and another..........Opposite Parties Judgment February 16, 1992. Result......of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490.......of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490...Category: Procedural Law | Date: | Hits: 155
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....hip of Pakistan nor has ceased to manage his property nor his whereabouts are unknown to the government. It has been submitted on behalf of petitioner that Court of Settlement does not have any power to release an abandoned property. The Abandoned Buildings (Supplementary Provisions) Ordinance...................Petitioner Vs. Government of Bangladesh.......................Respondents Judgment June 27, 1990. Result: The Rule is discharged. Cases Referred to- Government of Bangladesh Vs. MS Ispahani, 40 DLR (AD) 116; Mukhter Ahmed Vs. Government of......have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484...Category: Property Law | Date: | Hits: 158
....aintiff is entitled to get any relief under the law as provided for?
9. Upon consideration of all the points raised the Munsif came to the finding that the labour Court has been vested with the power to decide the dispute arising in respect of industrial dispute and the dispute as to service c......site Party.
Civil Revision No.258 of 1988 (Comilla).
Civil Revision No.3663 of 1991 (Dhaka).
Judgment
Quazi Shafiuddin J.- This Rule was issued calling upon the opposite party to show cause why the judgment and decree dated 28.4.88 passed by the District Judge, Noakhali in Ti......ssain, Advocate ‑ For the Opposite Party.
Civil Revision No.258 of 1988 (Comilla).
Civil Revision No.3663 of 1991 (Dhaka).
Judgment
Quazi Shafiuddin J.- This Rule was issued calling upon the opposite party to show cause why the judgment and decree dated 28.4.88 passed by th...... of law and thus call for no interference from this Court.
Accordingly, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 406...
Category: Labour and Industrial Law | Date: | Hits: 233
Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ......by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others ………..Respondents Judgment February 17, 1992. Result: The Rule is made absolute. Case Referred to- Syed Mokbul Hossain Vs. Government of Bangladesh & ors. 44 DLR 39. Lawyers Involved: ......an, Deputy Attorney‑General‑For the Respondents. Writ Petition No.2530 of 1991 Judgment Md. Abdul Jalil J.- This Rule was issued on the application of the petitioner Mr. Rafique‑Ul Huq calling upon the respondents, namely, Bangladesh and others to show cause why Memo. No. Cord/1/36/91......passed by observing the procedures laid in Article 7(2)(c) and Article 7(4) of the Bangladesh Passport Order, 1973 and that the passport of the petitioner was impounded in view of his presence in the meeting held on 22.9.89 wherein amongst others it was agreed that Beximco would remit Tk. 82.5 milli..Category: Business or Commercial Law | Date: | Hits: 601
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
....ation with the Supreme Court. In sub‑sections 4 and 5 of section 5 of the said Act there are provisions for the extent of application of the Code of Civil Procedure to the Artha Rin Adalat and it's powers and procedures. In sub‑section 5(Ka) subsequently introduced by an amendment vide Artha Rin......so Reported in: 44 DLR (HCD) (1992) 394. ...... Misc. Appeal in this Court. It was admitted for hearing under Order 41 rule 11 of the Code of Civil Procedure on 20.2.91 by a Division Bench of this Court but the records of the Court below were not called for and the preparation of the paper book in the appeal was dispensed with. We heard this Mis......llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ..Category: Civil Law | Date: | Hits: 169
Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)
....ngly allowed the Misc. case on terms as already stated above. 3. The short point for consideration is whether a Court has jurisdiction to set aside an ex parte decree upon exercise of its inherent power under section 151 C.P.C. if no case can be made out as required under Order 9, rule 13 thereof......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Monohar Ali………………………………..Opposite Party Judgment August 9, 1984. Result: The Rule is made absolute. Cases Referred to- Panjab Ali Vs. Mokarram Hussain 29 DLR (SC) 185; Arjun Singh Vs. Mohiadra Kumar AIR 1964. 993......rcise of any additional jurisdiction under section 151. The subject of remedies which a party may have if the deciÂsion in a suit goes against him on account of his failure to appear has been specifically dealt with by the Code and along with other remedies, a remedy of a summary character has been......r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the imÂpugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ..Category: Procedural Law | Date: | Hits: 127
Dr. Md. Shahjahan, AdvoÂcate Vs. Election Commission and others, 2011, 40 CLC (HCD)
.... manner preÂscribed by law. The Commission has to supervise, control, and direct each and every step of the process to ensure free and fair election and the Commission must be deemed to have all the power and discretion to ensure free and fair election as that is the manifest intendment of the Cons......hahjahan, AdvoÂcate...............Petitioner Vs. Election Commission and others...............Respondents Judgment March 14, 2011. Result: The Rule is discharged. Cases Referred to- AFM Shah Alam Vs. Mujibul Hague, 41 DLR (AD) 68; AKM Mayeedul Islam Vs. Bangladesh Election C......rit Petition No.9875 of 2008. Judgment Md. Ashfaqul Islam J.- The petitioner Dr. Md. Shahjahan is a practicing Advocate of Bangladesh Supreme Court and at his instance this Rule Nisi was issued calling upon the respondent Nos. 1, 6 and 7 to show cause as to why the nomination paper of the resp......g infructuÂous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ..Category: Election Law | Date: | Hits: 231
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....ry any offence punishable under section 138. Here the word shall has been used which indicate the mandaÂtory provision that after amendment of 9-2-2006, no Court other than the Court of Sessions has power and jurisdiction to try such cases and there is no ambiguity in clause (c) of section 141. Aft......…………………………Petitioner Vs. State and another……………………..Opposite parties Judgment August 18, 2009. Result: The Rule is discharged. Cases Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Ali Akkas Vs. Enayet Hossain, 17...... without jurisdiction and liable to be quashed. 10. Mr. Nizamul Haque Nizam, the learned Assistant Attorney General for the state, on the other hand, submits that the opposite party No.2 categorÂically described the very arising out of cause of action having no ambiguity in it and therefore ther......etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531...Category: Criminal Law | Date: | Hits: 103
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
....s entitled to call for the additional evidence if it feels that the additional evidence will expand or clear up the evidence already produced. The overÂriding consideration for him, while exercising power under section 540 CrPC is the interest of jusÂtice. 15. Now let us see whether the accused......Bhuiyan and another……………………Petitioners Vs. State……………………Opposite Party Judgment March 24, 2009. Result: The Rule is made absolute. Case Referred to- Shahinur Alam Vs. State, 56 DLR 10. Lawyers Involved: Obaidul Hasan Shaheen with Bakir ......rney General - For the State. Criminal Revision No.1414 of 2007. Judgment Siddiqur Rahman Miah J.- On an application under section 439 of the Code of Criminal Procedure, this Rule was issued calling upon the opposite party, state to show cause as to why order dated 28-8-2007 passed by the l......in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524...Category: Procedural Law | Date: | Hits: 129
Manoo Meah Vs. Sultan Ahmed Khan, 1984, 13 CLC (HCD)
.... appellant when the appeal is called on for hearing, It seems evident that sub-rule (1) of rule 17 does not authoÂrise the Court to go into the merits of the appeal and to give decision on merits. A power to go into the merits of the case would neceÂssarily include a power either to allow the appe......Meah…………………………Petitioner Vs. Sultan Ahmed Khan……………………Opposite Party Judgment April 19, 1984. Result: The Rule is discharged. Cases Referred to- Taher Sheikh Chowkidar and others Vs. Otaruddi Howlader and others, AIR 1929 Cal. 475; Digend......he appeal was fixed for hearing on 21.08.1981. On that day Mr. Md. Khairul Islam, the learned Advocate for the defendant No.1 appellant before the Appellate Court could not appear when the appeal was called for hearing. He was engaged in anoÂther Court and he sent his junior to obtain a pass over t......out so as to attract the revisional jurisÂdiction of this Court. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 119...Category: Procedural Law | Date: | Hits: 116
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....Halima Khatun, wife of petitioner's brother, filed a suit in the year 1980 in the Court of the Subordinate Judge, Jessore on the allegation that petitioner Mst. Saleha Khatun on 22.11.1952 executed a power of attorney in favour of one Moniruzzaman Khan and divested herself of the right, title and in......ed in: 39 DLR (HCD) (1987) 109.......4.01.1983 when she filed anÂother application for sending the alleged signature of the executor for expert opinion the prayer was rejected. On 24.01.1983 the petitioner filed another application for calling for the alleged unregistered bainanama. The said was also rejected on 30.01.1983 the case wa......ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109...Category: Criminal Law | Date: | Hits: 117
Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)
....eto. 4. To take up the question of rectification of the drawn up order on the judgment dated 27.01.1986, the contention of the judgment-debtor No.1 is that it is the judgment-debtor No.1 who filed power and entered appearance and contested the suit on us own behalf and on behalf of the ship as de......s-For the Opposite parties. Admiralty Suit No. 30 of 1984. Judgment Mustafa Kamal J.- This is an application praying for an order of attachment and sale of the properties of the judgment-debtors as mentioned in Annexure-A and for realisation of US$12,70,984,70 with interest and costs till ...... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105....... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105...Category: Admiralty Law or Maritime Law | Date: | Hits: 360
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