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SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......mately, one Advocate, namely, Mr. Kazi Rabiul Hasan agreed to appear on behalf of the complainant, but he was warned for violation of resolution of the Bar Association and as a result he withdrew his power in this way the complainant could not come out from Custody for five days as the Members of th......pposite parties, namely Mr. Md. Momen Ahmed Chowdhury Mr. Md. Mozammel Hoque Shakhidar, Mr. Md. Shamsul Haque, Mr. Md. Hena Kabir, Mr. Md. Rezaul Karim and Mr. Md. Shafiqul Islam, Advocates, attached to the Joypurhat District Bar Association, were also found guilty of the charge of professional and ......rigorous imprisonment and trial was held in absentia. After hearing about the aforesaid conviction, the complainant voluntarily surrendered before the Magistrate and prayed for bail, but bail was not granted and he was taken into custody. Thereafter he preferred criminal appeal before the Sessions J..Category: Others | Date: | Hits: 139
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
....been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ......ions Judge as contemplated under section 9(2) of the Code of Criminal Procedure. 7. Mr. Khondker, the learned Advocate appearing for the petitioners submits that the learned Sessions Judge has no power or jurisdiction to limit the number of lawyers to be engaged by the accused persons. The learn......e. Lawyers Involved: Khandker Mahbub Hossain with Golam Kibria, Md. Afzal Hossain, Md. Harun‑or‑Rashid and Khurshida Bilkis Banu, Advocates - For the Petitioner. AFM Hasan Arif, Deputy Attorney‑General, with Amirul Kabir Chowdhury, Deputy Attorney‑General, Syed Abu Kowser, Assistant......been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ..Category: Criminal Law | Date: | Hits: 121
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......IX, rule 13 of the Code of Civil Procedure. 7 In the case of M/s. M.M. Ispahani Ltd. Vs. Chairman, 2nd Labour Court, Chittagong and others, 19 DLR 612, it was held that a Labour Court can exercise powers under Order IX of the Code of Civil Procedure. A contrary decision was given by another Div.........................Petitioner Vs. Chairman, 3rd Labour Court and another.....................Respondent Judgment July 20, 1986. Result: The Rule is made absolute. Cases Referred to- Vinayak Shreedhar Kulkarni Vs. Chintaman Vaman Kulkarni AIR 1938 (Bombay) 470; Muhammad Swale......d Advocate for the respondent No.2. By the impugned judgment and order dated 08.07.1985 the respondent No.1 allowed the I.R.O. case ex parte with cost of Tk. 200/- and passed the necessary orders for granting the requisite reliefs to the respondent No.2. Thereafter the petitioner obtained the pres..Category: Procedural Law | Date: | Hits: 180
....gards demolition of the structures raised by the defendants.
The Rule is accordingly disposed of. There shall be no order as to costs.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 8.......uit the real intendment behind this provision seems to be to provide a quick remedy by way of restitution of possession only. Under section 9 of the Specific Relief Act, the Court has therefore, no power to pass a decree for removal or demolition of structures.
7. The view which I have taken fi...... heirs No.1 (a) Harendra Chandra Dey & others ………………………………Opposite Parties
Judgment
September 3, 1986.
Result:
The petitions are disposed of.
Cases Referred to-
Ananta Kumar Sarkar and another Vs. Meghu Kurmi & others, 61 CWN 347; Sana Mia and anothe......gards demolition of the structures raised by the defendants.
The Rule is accordingly disposed of. There shall be no order as to costs.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 8...
Category: Property Law | Date: | Hits: 119
Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)
....howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6.......ng the facts and circumstances of the case in the light of the principles of law indicated above, I am unable to hold that the explanation does not constitute a sufficient case. 9. Moreover, the power that is conferred on the Court before which an application for setting aside abatement is made......................Petitioner Vs. Rup Gazi & others......................................Opposite-Parties Judgment August 25, 1986. Result: The Rule is discharged. Case Referred to- Union of India Vs. Ram Charan, A.I.R. 1964 (S.C.) 215. Lawyers Involved: Md. Abdus Sobh......howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6...Category: Civil Law | Date: | Hits: 121
....eptance of any filing.
In the result, the Rule is made absolute but without any order as to costs.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 1.......nths should be counted in the present case from 15.04.1984 and not from 05.07.1983, as contended by the Registrar.
9. Dr. M. Zahir however has raised a fundamental objection with regard to the power and authority of the Registrar of Joint Stock Companies to withhold acceptance of an annual re......(Special Original Jurisdiction)
Present:
Mustafa Kamal J
AM Mahmudur Rahman J
Bangladesh Chemical Industries Corporation and another...............Petitioner
Vs.
Registrar, Joint Stock Companies and another...............................Respondent
Judgment
July 8, 1986.
......(three) months from the date of drawing up of the Court's Order. The Order was drawn up on or about 29.02.1984 and the first and second annual general meetings were held on 15.04.1984 within the time granted by the High Court Division.
3. Thereafter the petitioner No.2 held its 3rd and 4th annual..
Category: Company Law | Date: | Hits: 306
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......210/- The impugned order dated 1.12.1992 was passed on the strength of amended Regulation No.11 which came in to force on February 5, 1995. The SRO by which amendment was made was made in exercise of power conferred upon the Board of Directors Of the Biman under section 30 of the Bangladesh Biman Co..........petitioner Vs. Bangladesh Biman Corporation and another...……………….Respondents Judgment July 19 & 20, 1995. Result: The Rule is made absolute. Cases Referred to- Secretary of the Air Craft Engineers of Bangladesh and another Vs. Registrar of Trade unions ......n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132...Category: Employment/Service Law | Date: | Hits: 361
.... at Annexure‑D (2) to the writ petition.
In the circumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121.......he petitioner was serving, was required to send the Proposal to the Appeal and Arbitration Committee and ultimately to the Board for approval and after receiving the approval of the said Board, was empowered to pass the order of dismissal, but in the instant case no such proposal for dismissing the ...... - For the Respondent No.3.
Writ Petition No.196 of 1986.
Judgment
Naimuddin Ahmed J.- By this application under article 102 of the Constitution the dismissal of the petitioner who happened to be a Professor of Political Science in a college named Kapilmuni College in the District of Khuln......ecision of the Board communicated to the learned Advocate vide the letter as at Annexure‑F to the writ petition as being without lawful authority inasmuch as the order of dismissal was passed in flagrant violation of Regulation 12 of the Regulations, 1979.
10. The order of dismissal of the pe..
Category: Employment/Service Law | Date: | Hits: 226
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108....... installment without interest on the basis of the summaries. The informant upon such fact stated that the petitioner including other co‑accused collaborated with each other and by misusing official power deprived the then DIT of sum of Taka 134043639.97 which might have been misappropriated for ma......hman J Moudud Ahmed........................Petitioner Vs. State ..........................Opposite‑Party Judgment May 9, 1995. Result: The Rule is discharged. Cases Referred to- Jyoti Prokash Mitter Vs. Hon’ble Mr. Justice HK Bose, the Chief Justice the High Court, Ca...... Plot has no basis. It is further stated that on the face of the FIR, the charge sheet and the statement recorded under section 161 CrPC the petitioner had nothing to do for fixation of the price and granting exemption of interest in that he had no such authority to do so. It is further stated that ..Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......Petitioners Vs. Radhakanta Sarkar and others .....................Opposite Parties. Judgment July 29, 1992. Result: The Rule is made absolute. Cases Referred to- Abdul Hai Khan & others Vs. State, BLD 1988 (AD) 195; Nur Mohammad Vs. Kalimuddin Ahme......e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533...Category: Criminal Law | Date: | Hits: 142
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......:- "Whether an Assistant Sessions Judge deemed to be appointed as an Additional Sessions Judge under the proviso to sub-section (3) of section 9 of the Code of Criminal Procedure has the limited power to pass higher sentences except the sentence of death in those Sessions cases which were not h......…………….Petitioner Vs. Bahar Uddin & others.....................................Respondents Judgment March 22, 1989. Result: The Rule is made absolute. Cases Referred to- Md. Mustafa Mondal Vs. The State, 35 DLR 362; Nazir Ahmed & others Vs. Yonus Miah & ......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ..Category: Criminal Law | Date: | Hits: 158
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
.... contention to which I shall revert shortly. 5. It is a settled law that an amendment which changes the nature and character of the suit can not be allowed. The power of the Court under rule 17 is discretionary one and is to be judicially exercised on consideration of peculiar facts and circumsta......ed number of decisions in aid of his contention to which I shall revert shortly. 5. It is a settled law that an amendment which changes the nature and character of the suit can not be allowed. The power of the Court under rule 17 is discretionary one and is to be judicially exercised on considera..........................Petitioners Vs. Abdul Malek & others..............................Opposite Party Judgment January 11, 1989. Result: The Rule is discharged. Cases Referred to- Md. Fakirullah Mia Mutwalli Vs. Bimalendra Nath Maitra, 12 DLR 704; 12 DLR 704; Md. Salih Sa......e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ..Category: Procedural Law | Date: | Hits: 133
Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)
.... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ......onal jurisdiction of this court as he had alternative forum. It is to be mentioned that the petitioner could raise all these objections in the appeal and normally when an appeal lies the revisional power is seldom exercised. But in the instant case the cognizance was taken and trial was held witho................................Petitioner Vs. State…………………………..............Opposite Party Judgment March 7, 1988. Result: The Rule is made absolute. Cases Referred to- Sakyapada Barua & ors. Vs. The State and others, 38 DLR 86; Kazi Md. Wahidun Nabi Vs. Abd...... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ..Category: Criminal Law | Date: | Hits: 120
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......at every election shall be tried as nearly as may be in accordance with the procedure for the trial of suits under the Code of Civil Procedure. Rule 48 provides that the Tribunal shall have all the powers of a Civil Court trying a suit under the Code of Civil Procedure and shall be deemed to be ......D) (1989) 379. ......ther hand, has contended that by the impugned amendment the nature and character of the election petition has not been changed but only the relief sought for was amended inasmuch as any relief can be granted which emanates from the pleadings and evidence led in the case. The learned Advocate further..Category: Election Law | Date: | Hits: 252
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......brought home by the prosecution, the accused appellant cannot be convicted u/s. 302 or that at the appellate stage no alteration of charge is permissible under law. 16. Section 423(1)(b) Cr.P.C. empowers the Court to (1) reverse the finding and sentence and acquit or discharge the accused or orde......Vs. State........................Respondents Judgment April 2, 1989. Result: The order of conviction and sentence of appellant is set aside and the appeal is allowed. Cases Referred to- Suraj Pal Vs. State of Uttar Pradesh, AIR 1955 (SC) 419; Md. Anwar and another Vs. The State......Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......of May, 1985 when to their surprise they came to know that the Ministry of Land Administration and Land Reforms has since reversed the order of the Board of Land Administration exercising appellate powers under section 147 of the Act in a mutation proceeding under section 143 of the Act, allowin......). Judgment April 6, 1989. Result: The Rule Nisi in Writ Petition No. 425 of 1985 is made absolute. The Rule Nisi in Writ Petition No.1634 of 1988 is made absolute. Case Referred to- Bangladesh and others Vs. Marium Khatun and others, Civil Appeal No.8 of 1972. Lawyers Inv......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356....... the Corporation is that the petitioners are trespassers and the impugned notices were rightly served. The Municipal Corporation is obviously harboring under an impression that it has the requisite power and authority to evict trespassers. It has no such power. If it has to evict any trespasser ...... All the Rules Nisi are made absolute. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam for Abdus Sobhan, Advocate - For the Petitioners (In all the Writ Petitions). M. Nurullah, Attorney-General with A.F. Hasan Arif and M. Safiullah - For the Respondent No.2 (In all the Writ Peti......ws:- "115. Encroachments.- (1) No person shall make an encroachment, movable or immovable, on, over or under a street or a drain or any land, house-gully or building or park except under a licence granted by the Corporation and to the extent permitted by the licence. (2) The Corporation may ..Category: Property Law | Date: | Hits: 145
....nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
......nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
...... declaration that the treating of the suit property as vested and non-resident property is illegal and without jurisdiction. It is the case of the plaintiff that the suit property originally belonged to Kailash Chandra Das, Nitta Nanda Das and Radhakanta Das and their names were duly recorded in CS ......nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
..
Category: Property Law | Date: | Hits: 134
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
.... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ...... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ......d his heir Sudhir Chandra Das...............Petitioner Vs. Hazera Khatun................Opposite Party Judgment January 12, 1994. Result: The Rule is made absolute. Case Referred to- Sir Hari Sankar Pal and another Vs. Anath Nath Mitter and others, 1949 (FC) 106. Lawyers I......appealing assignees after passing the decree filed an application under Order 41, rule 33 CPC for modification of the decree seeking for proportionate decree in their favour. The Calcutta High, Court granted modification allowing decree in favour of the non‑appealing assignees. Against such order ..Category: Civil Law | Date: | Hits: 157
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......avits for apology and mercy filed by the contemners. 4. However, I propose to take up first the case of contemner No.1 Mr. Ashok K Karmaker. The article covering 6 columns is on the ability of the power and ability of the Judges of the High Court Division to issue Rule and the order passed in exe......Petitioners Vs. Ashok Kumar Karmaker and others..............Respondents Judgment June 29, 1995. Result: The proceeding for contempt is dropped against Contemners. Cases Referred to- Quintin Hogg Case, (1958) 2 WLR 1206; Special Reference No.1 of 1964, 1965 (SC) 745; Sir Edwa......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ..Category: Criminal Law | Date: | Hits: 149
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