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Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
....e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ......e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Appellants Vs. Siddiqur Rahman & others........................Respondents Judgment February 8, 1987. Result: The Appeal is dismissed. Cases Referred to- Damodar Prasad and others Vs. Ram Charan Das and others, 1957 Pat 143; Bengali Coal Company L......e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ..Category: Property Law | Date: | Hits: 109
Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)
....peal find answer in the foregoing discussion. For these reasons, this Rule is made absoÂlute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ......o the District Judge to entertain appeal arising out of election petition. Section 29 is the relÂevant law in this regard. Sub-sections (1) and (2) of section 29 relates to Election Tribunal and its power. Sub-section (3) speaks that the decision of the ElecÂtion Tribunal on a petition is a final.......€¦â€¦â€¦â€¦â€¦â€¦............Petitioner Vs. Sirajul Islam………………………...Opposite Party Judgment April 17, 1989. Result: This Rule is made absoÂlute. Case Referred to- Amelendu Majumder Vs. Selimuzzaman, 7 BLD 114. Lawyers Involved: Salimul Hoque Khan Mil......pealed before the learned District Judge is not an appealable order within the meaning of Order 43, rule 1(w) C.P.C. inasmuch as the order appealed beÂfore the learned District Judge is not an order grantÂing review. 4. Mr. Muhammad Faiz, the learned Advocate opposes this Rule seriously on seve..Category: Election Law | Date: | Hits: 194
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
....deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. .....................Petitioner Vs. Osimuddin & others…………………………....Opposite Parties Judgment February 18, 1988. Result: The Rule is discharged. Cases Referred to- Habibur Rahman Khalifa Vs. Satis Chandra Ghosh, (1977) 29 DLR (H.C) 178; 29 DLR 1789; Hajera ......deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ..Category: Property Law | Date: | Hits: 100
Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)
....as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21.......the Second Commercial Court of Subordinate Judge, Chittagong. On transfer the petitioner filed an appliÂcation to the District Judge to bring the appeal back to his file on the ground that he had no power to transfer an appeal from the decision of the Election Tribunal and it was illegal on his par......r………………………….Petitioner Vs. Abul Kalam Chowdhury & others.......Opposite Parties Judgment February 14, 1989. Result: The Rule is discharged. Cases Referred to- A.K.M. Ruhul Amin Vs. District Judge and others, 38 DLR (AD) 172; Kuldip Singh Vs. The State ......as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21...Category: Election Law | Date: | Hits: 192
Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)
....le is discharged withÂout any order as to costs and the suit is restored to its file and number and the order impugned is afÂfirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ......ismissal of the Misc. Case which was dismissed not for non-appearance of the plaintiff when the case was taken up for hearing but for not depositing the cost within the time allowed by the Court. The power under section 151 of the Code is not a new one, it is inherent in it by virtue of its duty to .............................Petitioners Vs. Abul Kalam & others...........................Opposite Parties Judgment December 5, 1988. Result: The Rule is discharged. Case Referred to- Biswanath Banerjee and others Vs. Amar Nath Mukerjee and others, 1962 Cal. 110. Lawyers In......le is discharged withÂout any order as to costs and the suit is restored to its file and number and the order impugned is afÂfirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ..Category: Criminal Law | Date: | Hits: 85
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....n filÂing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......ided for under sections 87 and 88 of the Code of Criminal Procedure. Thus, even when an accused having absconded and is to be tried and conÂvicted in his absence the court could apply its coerÂcive power for compelling him to attend even by selling his moveable and immovable properties after prope....................................Petitioner Vs. The State....................................Respondent Judgment February 6, 1989. Result: This Rule is made absolute. Case Referred to- Hakim Rai Vs. The State, AIR 1957 (Punjab) 134. Lawyers Involved: Khademul Islam Chowdh......f 1986 but the learned Court refused to admit the appeal on the grounds of limitation. Against that order this revisional application has been moved before this Court and the Rule obtained and he was granted bail. 5. Mr. Khademul Islam Chowdhury, the learned advocate appeared for the petitioner w..Category: Procedural Law | Date: | Hits: 122
....ter by implication without any subÂstance.
There is no merit in this application. AccordingÂly, this application is rejected in limine.
Ed.
This Case is also Reported in: 42 DLR (1990) 13.
......Âerate as a bar to challenge the order of registration of the trade union and issuance of certificate of registration on the grounds as alleged in the present case in a Civil Court. Section 10 (2) empowers the RegisÂtrar himself to cancel the registration already granted by him for the reasons sta......ers
Vs.
TK Oil Refinery and VegetaÂble Products (Pvt.) Ltd. and anÂother...........Opposite Parties
Judgment
March 27, 1989.
Result:
The application is rejected.
Cases Referred to-
30 DLR 219 (6); 40 DLR (AD) 45 (6).
Lawyers Involved:
Nurul Huda, Advocate-For the Peti......thin three months prior to the date of submission of the applicaÂtion to the Labour Court."
6. It appears that the Registrar himself was satÂisfied with the conditions laid down in section 7 and granted the certificates of registration under section 8 of the Ordinance. Now the question that fal..
Category: Labour and Industrial Law | Date: | Hits: 178
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ......n is whether Labour Court can dismiss a case for default for non‑appearance of the complainant and thereafter vacate such order to decide the matter after hearing the parties. In the absence of any power under the provisions of Order 9 of the Code of Civil Procedure contention of the learned Advoc.........................Petitioner Vs. Chairman, Labour Court and another.........................Respondent Judgment November 14, 1996. Result: The Rule is discharged. Cases Referred to- Pubali Bank Vs. Chalrinan, Labour Court, Dhaka and another, 44 DLR (AD) 40; Chand Miah Talukd......under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ..Category: Labour and Industrial Law | Date: | Hits: 177
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ......heir application to the Mayor on 19‑2-2003. It is further stated that a meeting of the Standing Committee on 'Tax and Licence' was held on 28‑1‑2003 (Annexure F) where a resolution was taken, empowering the Commissioners to issue licences for rickshaws but the said resolution was also taken di......others...............Petitioners Vs. Government of Bangladesh and 3 others.................Respondents Judgment August 16, 2004. Result: The Rule is made absolute. Cases Referred to- Kudrat-e-Elahi Panir Vs. Bangladesh, 44 DLR AD 319 at paras 66 and 72; Indra Sawhney etc Vs. ...... of God and have made their persons lawful unto you by the words of God (The Spirit of Islam, by Syed Ameer Ali PC LLD CIE Edition 2000). 24. These recognition of rights of Muslim women may be all granted in the 21st Century but in the early 7th Century world, this status of women was not even ne..Category: Constitutional Law | Date: | Hits: 443
Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....Banerjee and others, reported in 40 CJL 535 wherein it has been held: “The Court has very wide powers under the Code of Civil Procedure with respect to addition, or transfer of parties. This discretionary power should be exercised in such a way as to achieve the ends of substantial justice.......support of his contention he referred the case of Nirode Chandra Banerjee Vs. Profullla Chandra Banerjee and others, reported in 40 CJL 535 wherein it has been held: “The Court has very wide powers under the Code of Civil Procedure with respect to addition, or transfer of parties. This disc......€¦â€¦â€¦â€¦Petitioners Vs. Rahima Khatun and others………….Opposite Parties Judgment November 12, 1998. Result: The Rule is made absolute without any order as to costs. Cases Referred to- Nirode Chandra Banerjee Vs. Profulla Chandra Banerjee and o......rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ..Category: Civil Law | Date: | Hits: 154
Moktar Ali Bepari Vs. State, 1997, 26 CLC (HCD)
.... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ......t the judgment and order of conviction and sentence passed by the trial Court against them. So, that was an appeal under section 408 of the Code. Now, the question is, whether an appellate Court is empowered to enhance sentence in an appeal preferred by a convict under section 408 of the Code. 5....... No. 222(C)/85 but at the same time enhancing the sentence of the appellants. 2. It appears that the petitioners were convicted under section 379 of the Penal Code by the trial Court and sentenced to pay fine of Taka 3,000.00 each in default to suffer Rigorous Imprisonment for three months each. ...... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ..Category: Criminal Law | Date: | Hits: 96
....citizenship or he owned allegiance to any other country.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 340.......citizenship or he owned allegiance to any other country.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 340.......ul Hasib J
Abdul Qayum ................Petitioner.
Vs.
The Secretary, Ministry of Home Affairs, Government of Bangladesh and others................Respondents
Judgment
October 30, 1991.
Result:
The Rule is made absolute.
Case Referred to-
Mukhta......citizenship or he owned allegiance to any other country.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 340...
Category: Immigration and Citizenship Law | Date: | Hits: 178
Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)
.... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ......and minor punishment. For misconduct the said Rules provide for major punishment. For misconduct an employee of the Government may be dismissed or removed from the service. Section 4 of the Act gives power to the Government to make rules. The Government Servants (Efficiency and Discipline) Rules wer......8 of 1987 are discharged. Lawyers Involved: TH Khan with MI Farooqui and Saleemullah, Advocates‑ For the Petitioner (In Civil Revision No. 678 of 1987). Sayed JR Mudassir Hossain, Deputy Attorney General ‑ For the Opposite Party (In Civil Revision No. 678 of 1987). Mustafa Niaz Muham...... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ..Category: Others | Date: | Hits: 226
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......ongly, because admittedly the suit property was taken over under Acting President's Order No.IM-35/71-13 dated 26.12.71 published in the Bangladesh Gazette on 3.1.72 and the said order gave a blanket power to the Government to take over the management of commercial and industrial concerns whose owne......ng dead his heirs: Mr. Nagar Mohiuddin and others………………………..Respondents (In both the appeals) Judgment May 25, 2004. Result: The appeals are dismissed. Cases Referred to- Bangladesh Vs. Dhaka Steel Works Limited, 45 DLR (AD) 69; People's Republic of Bangladesh and......the said scheduled property with the building was never declared as abandoned property by the Government as informed by a letter dated 15.12.81; that in the meantime the plaintiff respondent No.1 was granted citizenship certificate by the Government of Bangladesh on 7.4.78 and he also obtained citiz..Category: Property Law | Date: | Hits: 111
Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....onal evidence is for a substantial cause and will, in our opinion, result in complete justice. In a case reported in AIR 1954 Mad. 848, it has been held that the power to allow additional evidence is discretionary and although a Court is required to record reasons, even if the reasons are not record...... evidence is director allowed to be taken, the appellate Court shall specify the points to which the evidence is to be confined, and record on its proceedings the points so specified." 11. This power to take additional evidence has also been provided in section 107(1(d) of the Code of Civil Pr...... Vs. Government of the People's Republic of Bangladesh and others.........Opposite Parties Judgment July 3, 1991. Result: The Rule is discharged. Cases Referred to- AIR 1959 Bom. 300; AIR 1938 Mad. 372; AIR 1946 Mad. 168; AIR 1931 PC 143; 7 DLR PC page 1,......the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308...Category: Procedural Law | Date: | Hits: 113
Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)
.... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ......he Chief Election Commissioner, reported in AIR 1978 (SC) 851, the case of Akbar Ali Vs. Raziur Rahman, reported in 18 DLR (SC) 426. He submitted that the Election Commission has been vested with the power to organize, hold and conduct the election of Chairman in accordance with the law and rules an......Petitioner Vs. The Election Commission and others .....................Respondents Judgment May 24, 1990. Result: The the Rule is discharged. Cases Referred to- AC Joshep Vs. Seevan Pillai, AIR 1984 (SC) 925; Mohindar Singh Gill and another Vs. The Ch......e when result of the election has already been published in the Official Gazette and the respondent No.2 has acquired a vested right. In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Re..Category: Election Law | Date: | Hits: 177
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....and the affidavitÂ-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......ted by them under the Constitution and accordingly the Vice President Moudud Ahmed resigned and the caretaker Government was appointed by the detenu and he resigned himself on 6.12.90 and handed over power to the present Caretaker 'Government for conducting parliamentary election under the Constitut......public of BanglaÂdesh, Secretariat Building, Dhaka and others ……….Respondents. Judgment March 20, 1991. December 9, 1991. Result: The Rule is discharged. Cases Referred to- Mohd. Subrati Vs. State of WB, 1973 SC 207 (211); Jon Martin Vs. State, AIR 1975 (SC) 775K......and the affidavitÂ-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...Category: Criminal Law | Date: | Hits: 113
Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)
....nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......iah by order No.24 dated 17.9.89 set aside the order acquitting the accused petitioner and fixed the case for fresh trial. 5. A judicial officer of the rank of a Court Subordinate Judge exercising power of Sessions acted in such a negligent manner that speaks volumes about his efficiency. As a ju.....................Opposite Party Judgment November 29, 1995. Result: The Rule is made absolute. Lawyers Involved: None Appears – For the Petitioner. Abdus Salam Mamun, Assistant Attorney‑General ‑ For the State. Criminal Revision No. 839 of 1990. Judgment Kazi Ebadul......e witnesses. 3. It appears from the lower Court's record that petitioner was arrested on 16.9.89 on the allegation of retaining 9 pieces of smuggled Indian cotton series in his cloth shop, he was granted bail by the Special Tribunal on 30.12.87, charge was framed against the petitioner on 19.12...Category: Criminal Law | Date: | Hits: 73
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
.... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......€™, The question of the form in which the order should be made by the Courts is not one of the substance and is not, in any case, of any particular importance, in the instant case, as the Courts have power by their own authority, to dissolve a marriage on the grounds stated in Section 2 of the Disso...... August 1, 1995. Result: The Rules in respect of Civil Revision Nos. 3451 and 3474 of 1992 are made absolute. The Rule in Civil Revision No. 604 of 1993 is discharged. Cases Referred to- PLD 1967 (Sc) 97; PLD 1959 (WP) Lahore 93; 17 DLR 687; 32 DLR 94; Mst. Khurshid Bibi Vs. Babo......t Osman companion of the Holy Prophet. This is the case of Rabi, daughter of Maooz. She approached him for separation from her husband Hazrat Usman ordered her husband to take all that she had and to grant her a divorce." "If in each of these cases, the Holy Prophet and the Caliphs, in ordering d..Category: Family Law | Date: | Hits: 265
....e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imÂprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imÂprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
......ch)
(Special Original Jurisdiction)
Present:
Mustafa Kamal J
Md. Mozammel Hoque J
Tahera Nargis Syed……………………………Petitioner
Vs.
Shamsur Rahman, Deputy InÂspector General of Prisons, Dhaka Central Jail…………………………Contemner
Judgment
May......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imÂprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
..
Category: Criminal Law | Date: | Hits: 124
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