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Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......blic good and no rejoinder was sent by the complainant to his client to terming the report as incorrect. 5. It appears from the concerned report (Annexure-A) that there are allegation of misuse of power and corruption against the complainant and acquiring properties by him disproportionate to his......hahadat Chowdhury...................Petitioner Vs. Md. Ataur Rahman...................Opposite Party Judgment January 28, 1996. Result: The Rule is made absolute. Cases Referred to- Syed Md. Afzal Hossain Vs. M Selim Idris, 15 BLD 362; Khondaker Abu Talab Vs. State, 19 DLR (......No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ..Category: Criminal Law | Date: | Hits: 125
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......estigation is not concluded within sixty days from the date of receipt of information relating to the commission of the offence or the order of the Magistrate for such investigation, the Magistrate empowered to take cognizance of such offence or making the order for investigation shall make an order......¦.. Opposite Party Judgment April 25, 1999. Result: The Rule is discharged. Lawyers Involved: M Amirul Islam, Advocate — For the Petitioners. Munsurul Haque Choudhury, Deputy Attorney General — For the State. Criminal Miscellaneous Case No. 2220 of 1995. Judgment Md......d as regards investigation, taking of cognizance or obtaining sanction for prosecution and, as such, we find no substance in this Rule. 13. In the result, the Rule is discharged. The order of stay granted earlier stands vacated. The Divisional Special Judge, Khulna is directed to proceed with the..Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......s a freezing plant in Chalna and engaged in the business of processing, storing, freezing and exporting shrimps and prawns to the foreign countries. The freezing plant of the plaintiff runs by public power supply from Power Development Board (PDB). The plaintiff runs the business taking loan from Ja......osts. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......a Marine Products Ltd. Vs. Reliance insurance Ltd. and others, reported in 50 DLR (AD) 100 has held that: “Section 472 of the Insurance Act, 1938 as amended by Ordinance XXV of 1970 provides for granting of interest on claims. This provision, displaces the discretion of the Court conferred by s..Category: Business or Commercial Law | Date: | Hits: 522
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
....uld not be set aside. 2. The only question that survives for determination in this Rule is whether the concurrent decision of the Courts below warrant any interference by this Court in exercise of discretionary Revisional authority under section 115 of the Code of Civil Procedure. 3. For the p......evidences and reiteration of the reasons given by the trial Court are not essential and expression of general agreement with that of the trial Court is sufficient. 13. The scope of the Revisional power under section 115 of the Code of Civil Procedure as it stands now may be seen. The jurisdictio......er section 115 of the Code of Civil Procedure, the propriety of the concurrent decision of the Courts below have been called in question whereupon Rule was issued calling upon the Opposite Party No.1 to show cause as to why the Judgment and decree dated 9-10-97 passed by the learned Subordinate Judg......ther materials on record which he was required to discuss in exercise of appellate authority. But on reading appellate judgment it cannot be said that the same suffers from a patent illegality and flagrant error of law. It is to be kept in view that in case of reversal of judgment of the trial Court..Category: Family Law | Date: | Hits: 211
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....facts and laches Mr. T.H. Khan has subÂmitted by making reference to the case of S.M. Wali Ahmed Chowdhury and another Vs. Mahfuzul Huq Chowdhury and others PLD 1957 Da 209 that specific relief is a discretionary relief and the Court must be satisfied that the persons seeking such relief came befor......ntention and they are guilty of undue laches and as such the learned Subordinate Judge ought to have dismissed the suit. 18. Mr. T.H. Khan has next argued that the learned subordinate Judge had no power to pass a deÂcree like the one he has passed in the present suit in that he can not ask the d.......................Appellants Vs. Md. Shamsuddin Khan & others...................................Respondents Judgment May 2, 1989. Result: The appeal is allowed. Cases Referred to- Sarwar Khan Vs. Gulam Sarwar and others, PLD 1982 AJ & K 126; Ram Singh Kundan Singh and......, and which is not produced or entered acÂcordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit. Provided that the Court shall not grant such leave save in exceptional circumstances." Thus we see that under the amended rule 2 of..Category: Business or Commercial Law | Date: | Hits: 349
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341.......lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341....... Ali and another…………..Petitioners Vs. Monwara Hospital & others..........Opposite Parties Judgment August 21, 1997. Result: The Rule is made absolute. Cases Referred to- 43 DLR (AD) 107; 43 DLR (AD) 160. Lawyers Involved: Sultan Ahmad with Malik Syed Ahmad,......hout any order as to costs. The impugned judgment and order dated 25-2-95 passed by the Additional Subordinate Judge Court, Dhaka in title suit No.62 of 1991 is hereby set aside. The order of stay granted earlier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to..Category: Procedural Law | Date: | Hits: 121
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......rder clearly indicates that by his application dated 12-9-1996 filed before the Court the arbitrator applied for extension of time for filing of the award but there is no provision in the Act which empowers the Court to extend time for filing of the award. Therefore, the dated 22-9-1996 has no legal......¦â€¦Petitioner Vs. Abdul Aziz and others………………………………Opposite Parties Judgment December 6 & 8, 2005. Result: The Rule is made absolute. Cases Referred to- Mac Foy Vs. United Africa Company Limited, (1962) AC 152; 4 BLC (AD) 21; 6 AIR 1970 SC; 28 DL......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...Category: Alternative Dispute Resolution | Date: | Hits: 291
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......r ……................Petitioner Vs. Abdullah and others....………………Respondents Judgment February 17, 1998. Result: The rule is made absolute. Cases Referred to- Abdul Majid and other Vs. Province of East Pakistan & ors, 23 DLR 203; Benzir Ahmed Vs. D......law be created or deemed to have been created, even after acceptance of salami and/or rent from the lessee, till a deed of lease has been executed in favour of the lessee by an authority competent to grant lease of Government Khas land or any other Gazetted Officer duly authorised in this behalf and..Category: Property Law | Date: | Hits: 105
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
.... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426.......epared and found that there are some new constructions and the possession of the property was not taken from the petitioner in accordance with the earlier list. It is stated that the Ministry has got power to pay compensation in accordance with the new list at the prevailing market price and the res......y 19, 1998. Case Referred To- Md. Shoaib Vs. Government of Bangladesh, 27 DLR 315. Lawyers Involved: Mahmudul Islam, Advocate — For the Petitioner. Md. Altaf Hossain Khan, Deputy Attorney General with FKM Ahsan Mahbub, Assistant Attorney-General — For the Respondents. Writ......argaon with Dhaka Municipal Corporation paying rents and taxes to the Municipality for the same. Photo copy of the rent receipts of the Tahsilder in favour of the petitioner and Municipal Tax receipt granted in favour of the petitioner are marked as Annexure-C and C1. 4. In Land Acquisition Case ..Category: Property Law | Date: | Hits: 156
....he trial Court rightly found that the suit was properly constituted and not barred by limitation.
13. Mr. Farooqui has argued that specific performance of contract is an equitable relief, which is discretionary and should not be granted merely because it is lawful to grant and should be refused w......over possession of the suit property without permission of her husband. It is further stated in the written statement that the result of the stroke was loss of speech and consciousness, impairment of power to express himself by speech or writing, which is an effect of brain damage, and now the defen......dul Karim J
Md. Ali Asgar Khan J
Yousuf (Md.)…….......Appellant
Vs.
Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others…………....Respondents
Judgment
October 28, 1997.
Result:
The appeal is dismissed without any order as to costs.
Cases Referr......ded as a party (Pro-defendant No.2), the suit became barred by limitation. Mr. MI Farooqui further submits that specific performance of contract is an equitable relief, and though it may be lawful to grant it, the Court may refuse to grant this relief in a proper case. The Court below should have co..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......assing the impugned order of transfer of the pending suits under section 24 of the Code of Civil Procedure. He further contended that the submission of Mr. Bosu that the learned District Judge has no power to transfer the suits unÂder section 24 of the Code of Civil Procedure, in view of sections 1......: Muhammad Ansar Ali J Ebadat Ali...................Petitioner Vs. Ismail Hossain Akhond & others.......................Opposite Party Judgment April 27, 1989. Cases Referred to- A.K.M. Ruhul Amin Vs. District Judge and AppelÂlate Election Tribunal, Bhola and ors, 38 DL......s not occasioned any failure of justice. Therefore, it does not call for any interference by this Court. In the result, the Rules are discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Before parting with these cases, I like to keep on recor..Category: Procedural Law | Date: | Hits: 152
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.......r Rule 70 of the Rules which is as follows: "70. Powers of Election Commission to issue orders.- Save as otherwise provided, the Election Commission may issue such inÂstructions and exercise such powers, includÂing the power to review an order passed by any officer under these rules and make su.............Petitioner Vs. Election Commission & others..........................................Respondents Judgment May 2, 1989. Result: The Rule is made absolute. Case Referred to- Kanta Devi and another Vs. State of Rajasthan and others, AIR 1957 Rajasthan 134. Lawyers ......26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486...Category: Election Law | Date: | Hits: 216
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
....t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is sumÂmarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ...... the case. 3. It appears that after the expiry of ninety days from the lodging of First Information Report relatÂing to the commission of the offence the learned Sessions Judge in exercise of his power under secÂtion 167(6) directed further investigation into the ofÂfence upto 9th Feb. 88. It ......Mahmudul Amin Chowdhury J Anwar Hossain Maji (Md.) & others.............Petitioners Vs. The State………………………………………………..Opposite Party Judgment October 26, 1988. Result: The application is sumÂmarily rejected. Lawyers Involved: ABM N......litan Magistrate or the District Magistrate, as the case may be, for revival of the investigation. 6. It further appears that if the Sessions Judge refuses to direct further investigation or after grantÂing the prayer for extension of the period of investiÂgation upto a certain time refuse to g..Category: Procedural Law | Date: | Hits: 127
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......he accused persons out of grudge and enmity; and that P.Ws.1 and 5 are the persons who engineered the false story implicating the accused persons. P.W.5, Chairman of the Union Parishad who was a very powerful man in the locality, stood for the ChairÂmanship of the Union Parishad again and was conÂ......dated 15.7.86 passed by the Sessions Judge, Gazipur in Sessions Case No.167 of 1985 convicting appellant Hafizuddin and another under section 304 Part II of the Penal Code and sentencing each of them to rigorous impriÂsonment for 10 years. 2. The prosecution case, in short, is that on the night ......quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ..Category: Criminal Law | Date: | Hits: 92
Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
....he satisfaction of the Deputy Commissioner, Dinajpur till commenceÂment of the trial of this case before the learned SesÂsions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......ht of the relÂevant provision of law relating to bail-matter in the facts and circumstances of the case and the materials on record. There is no denying of the fact that this Court enjoys unfettered power under section 498 of the Code of Criminal Procedure to-grant or refuse bail to and accused per......us Case No.16 of 1988. Judgment Muhammad Ansar Ali J. - This Rule was issued in an application under section 498 of the Code of Criminal Procedure calling upon the Deputy Commissioner, Dinajpur to show cause why the acÂcused-petitioners should not be enlarged on bail in GR Case No.47 of 1987 ......ed persons in both the cases are on bail except these 4 accused-petitioners and the three others who were abscondÂing. It is further stated that the learned Upazila MagÂistrate, Nawabganj initially granted bail to 6 of the accused persons, thereafter on the prayer of the reÂmaining accused 12 of ..Category: Criminal Law | Date: | Hits: 74
Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)
....n accorÂdance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477....... Thereafter it appears that on 5.6.88 Mr. Delwar Hossain, Additional District Magistrate, Mymensingh passed the following order reviving the invesÂtigation of the said Criminal case exercising his power under section 167(7 A) Cr.P.C. (read with secÂtion 10(2) Cr.P.C.):- “জনাব মŕ§...... Barua, Advocate - For the State. Criminal Revision No. 335 of 1988. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Mymensingh to show cause why the order of Mr. Sirajul Islam, Sessions Judge, Mymensingh passed on 22.9.88 in Cr......n accorÂdance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477...Category: Procedural Law | Date: | Hits: 113
Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)
....tance in this Rule, which is accordingly discharged, withÂout any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474......., a Division Bench of the Nagpur High Court, in a somewhat similar matter, at the relevant portion of the judgment, held thus: "The mere fact that the Civil Station SubÂcommittee acted beyond its power in granting the sanction to the building would not by itself be sufficient to entitle the plai......¦â€¦â€¦â€¦â€¦Petitioners Vs. Geasuddin Ahmed & Others…………………………Opposite Parties Judgment September 1, 1986. Result: The Rule is discharged. Cases Referred to- Attorney-General Vs. Ashbowene RC, (1903) I Chancery 101; Devonport Corporation Vs. Tozer, (......on 1.8.85 vacated the order of status quo with certain direction and observation. Against that order an appeal was preferred before the District Judge with a prayer for temporary injunction which was granted. The matter was eventually heard on 6.8.86 and the learned Subordinate Judge on a finding th..Category: Civil Law | Date: | Hits: 178
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
.... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ......an only sign “Form C” and resign from his post as publisher. Any interested person can, afterwards, file an application to the DM by executing “Form B”, and it is the DM who has the exclusive power and authority to authenticate the Declaration in the applicant’s name. As such, unless “Fo......ress Council of House No.40, Topkhana Road, Segun Bagicha, Dhaka and others…………………Respondents Judgment November 23, 2011. Result: The Rule is discharged. Cases Referred to- R Vs. Legal Aid Committee No.1 ex-parte Rondel, 1967 2 QB 482; Lloyd Vs. Blassey, 1969 2 WLR ......re has to be a vacancy which can occur by operation of law, as envisaged by Section 9(3) i.e. if the newspaper remains in hibernation for either 3 or 6 months, as the case may be, or if the incumbent grantee ceases to be the publisher or printer and then intimates the DM by filling up For C, as is e..Category: Others | Date: | Hits: 171
Parvaj Vs. State, 2012, 41 CLC (HCD)
....surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......petitioner have been proved beyond reasonable doubt. There is no illegality or infirmity in the impugned judgment and order, which calls for any interference by this Court in exercise of its inherent power under section 561A of the Code. He further submits that whatever small discrepancies and omiss......…………………………Opposite Party Judgment May 3, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears - For the Petitioner. Khizir Hayat, Deputy Attorney General with Yousuf Mahmud Morshed, Assistant Attorney General - For the Opposite Party. C......surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 73
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
....missal of the respondent No.2 is modiÂfied to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ......fore inflicting the extreme punÂishment. 6. Mr. Md. Khalilur Rahman, the learned AdÂvocate appearing for the employer-petitioner, subÂmitted that the learned Labour Court acted in excess of its power in reassessing the evidence and in taking evidence to disprove the findings of the domestic tr......: Md. Abdul Jalil J Mahmudur Amin Choudhury J Adamjee Jute Mills Ltd...................Petitioner Vs. The Chairman, Third Labour Court, and another........Respondents Judgment October 24, 1989. Result: The Rule is made absolute. Cases Referred to- Bikash Ranjan Das ......n the case of S.M. Quddus and ors. Vs. Chairman, Labour Court, Chittagong and another reÂported in 33 DLR the Labour Coon conÂverted the punishment of dismissal from service into one of termination granting termination benefit to the worker which was upheld by the High Court DiÂvision as well as ..Category: Labour and Industrial Law | Date: | Hits: 160
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