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Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......nting the effective participation in the administration of Government by the people through their elected representative. It also offends against Article 7 of the Constitution which provides that all powers belonged to the people but this system of voting directly prevents the people's representativ......espondent (In all the Writ Petitions). Judgment February 13 and 18, 1992. Result: Writ Petition Nos. 2195 of 1991 and 2213 of 1991 are rejected summarily. Cases Referred to- Anwar Hossain Vs. Bangladesh; Madathil Ahmed Haji Vs. Muthana Kunshiram Kurup and another,......w, by which it must be conferred to permit its exercise. It is not necessary incident to citizenship. The right to vote is not an absolute unqualified right, but is altogether conventional. When once granted, it may be taken away by the exercise of sovereign power." In PR Aiyar's Law Lexicon a..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....ine the title ……………..” 7. From a plain reading of the section, it appears that the word ‘may’ shows that the power or authority under section 23 of the Small Cause Courts Act is discretionary and not obligatory or mandatory. In the case of Mohammad Salim Vs. Mohammad Siddick Ja...... Bhabani Prasad Saha was all along a resident of this country and he was never a resident of India; that the plaintiff never got the suit property by way of exchange and that the papers including the power of attorney in respect of the alleged exchange are forged; that the plaintiff has got no right......MG Jilani…………Petitioner Vs. Md. Wahed Uddin Sardar........... Opposite party Judgment March 16, 1989. Result: The Rule is discharged without any order as to costs. Cases Referred to- Mohammad Salim Vs. Mohammad Siddiq Jamal & others 22 DL...... accordance with law and as such the same do not warrant any interference by this Court. In the result, the Rule is, therefore, discharged without any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This C..Category: Civil Law | Date: | Hits: 140
Mahbubur Rahman Vs. State, 1992, 21 CLC (HCD)
....lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ......, he referred to the case of Bangladesh Vs. Tan Kheng Hock reported in 31 DLR (AD) at page 70, wherein it was, inter alia, observed as follows: "The Code of Criminal Procedure does not give any power to the Magistrate to declare the police report submitted under section 173 of the Code as ille...... Vs. The State ................Opposite Party Judgment February 12, 1992. Result: The revisional application is allowed and the Rule made absolute. Case Referred to- Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD)70. Lawyers Involved: Serajul Huq, A......lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ..Category: Criminal Law | Date: | Hits: 78
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......ed now that to prevent the abuse of the process of the court and to secure the ends of justice a criminal proceeding can be and is required to be quashed and the High Court has got this extraordinary power of dealing with the matter relating to application under section 561A CrPC to quash false and ......hmatullah...................Petitioner Vs. The State .................Respondents Judgment September 24, 1992. Result: The rule is discharged. Cases Referred to- Abdul Kader Chowdhury and others Vs. State, 28 DLR (AD) 38; Abdul Ali and another Vs. Stat......cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519.......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519.................................Petitioners Vs. Nourjan Banu.................................Opposite Party Judgment December 9, 1986. Result: The Rule is made absolute. Cases Referred to- Asia Khatun Vs. Kutu Bewa, 6 DLR page 156; Daibakilal Basak Vs. Iqbal Ahmed, 1965 PLD Dhaka 4...... to be referred as the Act and not section 39 of the Act. The learned Counsel continues to urge with much emphasis that second provision of section 31 of the Act is the appropriate law which, can grant relief to the petitioner inasmuch as true and real intention of the parties have not been refl..Category: Property Law | Date: | Hits: 134
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ...... passed by the Artha Rin Adalat, Kushtia in Artha Rin Suit No.131 of 1993 decreeing the suit without interest pendent lite. 2. The questions arisen for consideration: (i) whether the Court is empowered to refuse interest pendent lite while decreeing the suit. (ii) whether in a suit filed un......……………Plaintiff-Appellant Vs. Mohiuddin Specialised Textile………………Defendant-Respondent Judgment August 18, 2009. Result: The appeal is allowed. Cases Referred to- Sonali Bank Vs. Quaderia Publications and Products Limited, 17 BLT (AD) 148; Sonali Bank Vs. ......…………………………… In the notification issued by the Government for implementation of the recommendation made by the Government there is no legal obligation on the part of the loan granting bank not to initiate the legal proceeding or to institute a suit for realization of the out..Category: Civil Law | Date: | Hits: 141
Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)
....tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338....... the appeal preferred by other co-accused. Be that as it may, the petitioner seeks our inherent jurisdiction for the ends of justice to restore this case. 4. We are not convinced that the inherent power as conceived under section 561A CrPC can be invoked in the facts of this case to meet the ends...... Criminal Appeal No. 774 of 1990. Judgment AM Mahmudur Rahman J.- This is an application under section 561A of the Code of Criminal Procedure. 2. The petitioner was convicted and sentenced to suffer imprisonment for life under sections 302/34 of the Penal Code and for 2 years under sectio......with the appeal and accordingly, the same was dismissed for non-prosecution. It further states that in this petition that other co-accused have preferred appeal in this Division and some of them were granted bail. 3. There are large number of decisions of the superior Court that even a non-appeal..Category: Criminal Law | Date: | Hits: 91
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
....should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......e of the fact that there is provision in the Customs Act, 1969 for preferring appeal against an order like the instant one before the prescribed authority. 8. Section 32 of the Customs Act which empowers the customs Authority to serve notice calling upon an importer to pay the short-levied duty a......1.......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381...Category: Fiscal/Taxation Law | Date: | Hits: 189
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
....First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......he order passed by the learned Munsif in exercise of his inherent jurisdiction. 6. It is now well settled that if there is specific provision provided by law the Court cannot invoke its inherent power under section 151 of the Code of Civil Procedure. Since Order 9, rule 9 of the Code of Civil P......e is also Reported in: 41 DLR (HCD) (1989) 473.......First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473...Category: Limitation Law | Date: | Hits: 275
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......eal through mistake in spite of the fact that the appellant had not made necessary deposit under Section 174(5) of the Bengal Tenancy Act the appeal was incompetent and the appellate Court had no power to condone the delay under Section 5 of the Limitation Act in making the deposit but his Lor......……………….Petitioner Vs. Habibullah Sheikh……………………………Opposite Party Judgment January 11, 1989. Result: The Rule is made absolute without any order as to costs. Cases Referred to- 29 DLR 301; 9 DLR 89; 5 DLR 451; 8 DLR 258; Sasadher Ghose, 53 C......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463...Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......nder:- "36. In the present case under consideration the High Court Division was sitting on appeal over the decree of the learned Sub-ordinate Judge. Even though the High Court Division's appellate power and jurisdiction are regulated by the Code of Civil Procedure and an appeal is a continuation ......ght of basic requirements for living. Death is inevitable but premature death in whatever form is not expected and cannot be consoled. Accidental death also a premature death Government is answerable to all such premature death as Government is to protect the citizen and is responsible for the life ......ded. They are contending that there is no legal evidence worth the name in determining the very basis on which compensation has been assessed. Both the High Court Division and this Division too, upon granting leave, are competent to decide this question, which we have done. We have held that the Hig..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......terest was 16%. As security of the loan, defendant No.2 executed and registered mortgage deed in respect of his owned titled schedule property in favour of the Sonali Bank and executed an irrevocable power of attorney being No.4604 dated 6-1-1988 and also sworned an affidavit that mortgage property ......li Bank Ltd. & others………………Opposite-Parties Judgment May 11, 2010. Result: The rule is made absolute and the Civil Rule No.427 (R)/2006 is made absolute. Cases Referred to- Abdul Jalil Vs. Bangladesh House Building Finance Corporation, 41 DLR (AD) 109; Korea Banglad......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ..Category: Civil Law | Date: | Hits: 156
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......l, Department of Environment is the appropriate and competent authority under the law on the matters relating to environment of surrounding areas of the River. Section 4 of the Ain has conferred wide power upon the respondent No.5 to take all actions as he deems fit and necessary for conservation of......……Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Rule is made absolute in part and the injunction order stands vacated. Cases Referred to- Dr. Mohiuddin Faruque Vs. Bangladesh, 49 DLR (AD) 1; Dr. Mohiuddin Faruque Vs. Bangladesh, 55......sand mixed with stone Mohal known as the Fazilpur sand Mixed with Stone Mohal and his application for lease was under process. His main contention is that the lease of the Fazilpur Sand Quarry can be granted by the appropriate authority in accordance with law. His further contention is that since a ..Category: Environmental Law | Date: | Hits: 1019
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
....l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......prejudiced at the time of trial of the case. 11. Now in this case admittedly the petitioner is a woman and the wife of the victim Anisur Rahman. It is well settled that this Court has unfettered power in granting bail, but in considering a petition for bail under section 498 Cr.P.C., the guidel......……………...Respondent Judgment May 8, 1988. Result: The Rule is made absolute. Lawyers Involved: MA. Aziz, Advocate. — For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney General— For the State. Criminal Miscellaneous Case No.31 of 1988. Judgment Muhamm.......I.R. but his involvement was subsequently alleged and disclosed in the confessional statements of some co-accused persons and in the statements of witnesses under section 161 Cr.P.C. but he has been granted bail by this Court and as such this petitioner should also be granted bail having stood on s..Category: Criminal Law | Date: | Hits: 105
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....s defendant or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle the questions involved in the suit. This power is discretionary and unless this power is exercised arbitrarily or fancifully it cannot be interfered......e exercise of their jurisdiction and not those which are made in their discretion, unless the discretion is exercised fancifully or arbitrarily. Order 1, rule 10(2) of the Code of Civil Procedure empowers the Court to add parties at any stage of the proceeding either upon or without application, w...... Vs. The U.N.O., Biswanath, District Sylhet & Others...........................Opposite Parties Judgment February 11, 1988. Result: The Rule is made absolute. Cases Referred to- Mst. Jahanara Begum Vs. A.L. Md. Shamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. T......and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 193
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
....me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......at a proceeding under section 145 of the Code does not lie where two parties are in joint possession in dispute and one of them tries to evict the other so as to endanger the public peace. 10. The power in sub-section (4) of section 145 of the Code of Criminal Procedure is an extraordinary power ......a Miah and others…….………Petitioner Vs. Fazar Ali and others………………Opposite Party Judgment February 3, 1988. Result: The Rule is made absolute. Cases Referred to- Syed Zaman Khandakar and others Vs. Zubeda Khatun and others, 25 DLR 317; Malik Mansoor Elahi......me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70...Category: Criminal Law | Date: | Hits: 126
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ...... two expressions 'persona designate' and 'Court'. If the function of the designated person is judicial in character then he is a Court even though he is not described as a Court. The real test is the power and function which the person discharges. Thus if the function is a judicial one then the au......………………..Appellant Vs. The Government of Bangladesh and others..................Opposite Party Judgment April 9, 1989. Result: The Rules are discharged. Cases Referred to- 38 DLR (AD) 172 9; 40 DLR 232 9. Lawyers Involved: Gazi Abdur Rashid, Advocate—For th......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......s no Rule of the Agrani Bank for conducting departmental proceeding prior to 12.9.81 on which date, Agrani Bank Employees Service Regulations was passed. The above Rule was made in pursuance of the power conferred under Article 29 of President's Order 26 of 1972. It is admitted that the Ext. K a......anul Hoque................................Petitioner Vs. General Manager, Agrani Bank.....Opposite Party Judgment March 16, 1989. Result: The Rule is discharged. Cases Referred to- AIR 1980 (SC) 840; 29 DLR 10; 35 DLR 224; 40 DLR (AD) 206=1988 BCR (AD) 79. Lawyers Involv......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ...... of the final report submitted by the police should not be set aside and why the Government in the Ministry of Home Affairs should not be directed to consider whether Government should exercise its power in accordance with law under the proviso to sub-section (7A) of section 167 Cr.P.C. for revi................................Petitioner Vs. The State…………………………………..Opposite Party Judgment March 23, 1989. Result: The Rule is discharged. Cases Referred to- Bhubani Shahu Vs. the King, 76 IA 147; Lutfun Nahar Begum Vs. The State, 27 DLR (AD) 29; Jo......e remand for 5 days. On 15.11.86 the accused petitioner Shah Alam Chowdhury was sent by the Magistrate to jail custody rejecting his prayer for his bail. On 20.11.86 accused Shah Alam Chowdhury was granted bail up to 1.12.86. Thereafter accused Shah Alam Chowdhury continued to remain on bail and o..Category: Criminal Law | Date: | Hits: 127
.....
In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
...... as per Government decision. The said decision was taken by the Government for the greater cause of the nation and to ensure gas supply to the vital industrial units like fertilizer factories and power stations; gas supply was prohibited for the manufacture of common bricks. The petitioner h......nd Distribution Co. Limited, a Public Limited Liability Company & another……………….Respondents
Judgment
February 20, 1989.
Result:
The Rule is discharged.
Cases Referred to-
Radhakrishan Agarwal and others Vs. State of Bihar and others AIR, 1977(SC) 1946; Divisional ...... others Vs. State of Bihar and others, AIR 1977(SC) 1496, it was held that in order to come to a decision if facts were required to be investigated and if those facts were disputed no relief would be granted under the writ jurisdiction. In that case the question of a contractual obligation not ari..
Category: Others | Date: | Hits: 227
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