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Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)

....to operation, the said suit was renumbered as Artha Rin Suit No.371 of 2003 before the Artha Rin Adalat No.4, Dhaka (the Adalat, in short). The petitioner had executed a deed of mortgage as well as a power of attorney in favour of the Bank as security of loan of Taka 20,000 only. In the deed of mort......��……………Petitioner Vs. Judge, Artha Rin Adalat and others………………………Respondents Judgment January 9, 2011. Result: The rule is discharged. Cases Referred to- Zahirul Islam Vs. National Bank Ltd, 46 DLR (AD) 191; Gazi M Towfiq Vs. Agrani Bank, 54 DLR (....... Arshad Ullah, Advocate - For the Petitioner. Md. Imam Hasan, Advocate - For the Respondent No.2. Writ Petition No.2617 of 2010. Judgment Zinat Ara J.- In this rule nisi, the petitioner called in question the legality of the judgment and decree dated 17-2-2004 (decree signed on 23-2-20......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ..

Category: Civil Law | Date: | Hits: 269

Anwar Ali Vs. State, 1987, 16 CLC (HCD)

.... schedule were mortgaged. The Managing Director of the said M/S Decent Oil Mills Ltd. executed the credit agreement, D.P. notes agreements creating mortgage and hypothecation, irrecoverable general power of attorney in favour of the bank, mortgaging assets and machineries of the company in lieu of......d in absentia and convicted u/s 16 (3) read with section 16(1)(a) of the Special Powers Act, 1974 by Mr. Afzalul Huq, Special Tribunal, Pabna on 7.2.87 in Special Tribunal case No.27/85 and sentenced to suffer R.I. for 3 years and to pay a fine of Tk. 7,00,000/-, in default, to suffer R.I. for 1 yea......ngladesh Shilpa Bank. The District Judge, Pabna by his order dated 13-5-78 passed ad-interim order of attachment of the machineries of the said Oil Mill. The Court through its officer on 19.5.78 physically attached the machineries and the ad-interim order of attachment was made absolute on 24.2.79. ......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ..

Category: Criminal Law | Date: | Hits: 108

Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)

....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441..........Petitioner Vs. Taherunnessa..........................................Opposite Party Judgment May 12, 1988. Result: Civil Revision No. 561 of 1987 is discharged. Cases Referred to- Ahmedur Rahman Vs. Sk. Mofazzal Hossain, 14 DLR 826; Rafique & others Vs. Siddique and o......nal hearing before the Court of 1st. Munsif, Dhaka on 28.11.84 when the Advocate for the petitioner Dr. Suraiya Hossain filed an application for adjournment. The petitioner lawyer was found absent on call and hence the prayer for adjournment was rejected as being not moved. The parties were directed...... the lease in case of holding over, as under section 116 of the Transfer of Property Act, does not mean a continuation of the terms and conditions of the old lease but a new lease where there is no meeting of minds as to the term and condition on which the lease is to be continued. It is a mere ..

Category: Property Law | Date: | Hits: 88

Soleman & Others Vs. State, 1989, 18 CLC (HCD)

....umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. .........................Appellants Vs. The State…………...........................................Respondent Judgment June 6, 1989. Result: The appeal is allowed. Cases Referred to- Kaiseruddin Sarker Vs. The State; Ismail Sarker Vs. The State, 33 DLR 320; Seraj Ali Vs. The ......is that on Thursday, the 7th June, 1989 at about 5 P.M. accused appellant Soleman and Rangu (since dead) went to the house of informant and asked for her son Akal Miah to come out and hearing the call Akal Miah came out of the house and joined them. At this the informant, mother of Akal Miah a......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ..

Category: Criminal Law | Date: | Hits: 141

Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)

....m the office of Chairman of the Mithapukur Upazila Parishad. It is stated in the petition that the impugned order has been issued on some uncertain, vague, and indefinite allegations of misuse of power and violation of the statutory provision by the Chairman. It is also stated that no proceedi....................Petitioner Vs. The People's Republic of Bangladesh............Respondents Judgment June 26, 1989. Result: The Rule is, accordingly, made absolute. Cases Referred to- 1981 BLD (AD) 196; Hye Bhuiya Vs. Secretary, Ministry of Local Govt. and Rural Developmen......Advocate—For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney General—For the Respondent. Writ Petition No. 67 of 1988. Judgment Habibur Rahman Khan J. - This Rule Nisi was issued calling upon the Respondent to show cause as to why the order dated 17.10.87 issued by the Secretary......ng of the impugned order quoted above it transpires that misuse of power, violation of rules and irregular activities of the Chairman resulting in the abstention of the members from attending the meetings of the Upazila Parishad which is said to have created deadlock in the normal functioning of..

Category: Others | Date: | Hits: 175

Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)

....y this Court. Dr. Rafiqur Rahman submits that suo motu Rule as issued is illegal and without jurisdiction as in the face of the acquittal order the same cannot be issued in exercise of the revisional powers of this Court under section 439 of the Code of Criminal Procedure. He further submits that ......site Party Judgment July 10, 1989. Result: The suo motu Rule is discharged. Lawyers Involved: Dr. Rafiqur Rahman, Advocate— For the Petitioner. Md. Moazzem Hussain, Deputy Attorney General— For the State. Criminal Miscellaneous Case No.155 of 1987. Judgment Latif......he Petitioner. Md. Moazzem Hussain, Deputy Attorney General— For the State. Criminal Miscellaneous Case No.155 of 1987. Judgment Latifur Rahman J. - This Rule was issued on 26.10.87 calling upon the Deputy Commissioner, Manikganj and the opposite party No.2 to show cause as to why ......rthwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ..

Category: Criminal Law | Date: | Hits: 101

Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)

....etention by Memo No.6391-Sha-Ma (Nira 1) dated 8.7.89 in which it has been stated that in continuation of the Ministry of Home Affairs's Memo No.2430-Sha-Ma(Nira 1) dated 11.3.89 and in exercise of powers under section 3(3) of the Special Powers Act, 1974 the detenu has been detained with effect f......ted by the Secy., Ministry of Home Affairs and ors………………………………………….Respondents Judgment July 9, 1989. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. Government of Bangladesh and others, 31 DLR (AD) 1; Mrs. Sajeda Parvin ......y, Advocate—For the Petitioner. No one — For the Respondents. Writ Petition No. 416 of 1989. Judgment Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution calls upon the respondents to show cause as to why the detenu Ansarul Huq, son of late Azizul Huq, E......judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ..

Category: Criminal Law | Date: | Hits: 107

Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)

.... held that "If a case does not come under rule 23 or rule 25 of Order XLI of the Code of Civil Procedure or any other provisions of the Code, the Court for ends of justice, can resort to its inherent power under section 151 of the Code. The Code of Civil Procedure in Order XLI provides for remand on......��……………Petitioners Vs. Sahajuddin Mollah and others……………………Opposite Parties Judgment February 12, 1995. Result: The Rule is disposed of. Case Referred to- Tripura Charan Choudhury and other Vs. Girish Chandra Choudhury, 7 DLR 466. Lawyers Involv......the plaintiff petitioners moved this Court and obtained this Rule. 7. Mr. Md. Azizul Hoq, the learned advocate appearing on behalf of the petitioners, submits that the appellate Court have categorically found that the learned Munsif committed an illegality in holding trial of the original suit wh...... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ..

Category: Property Law | Date: | Hits: 96

Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)

....s also highly objectionable. When the applications were filed, the Court was not under the control of any extra‑constitutional force, but it was working under a Constitution which has not given any power or authority to any police officer to move the learned Sessions Judge ought to have been vigil......vision No.1127 of 1994) Khondker Mahbub Hossain, with Abdul Aziz Chowdhury, Advocates‑ For the Opposite Party Nos. 2 and 3 (In Criminal Revision No.1129 of 1994). Md. Abdur Rouf, Assistant Attorney-General - For the State. Criminal Revision No.1127 of 1994 with Criminal Revision No.1129 ......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ..

Category: Criminal Law | Date: | Hits: 99

Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)

....ion 167 as it stood before the amendment of the said section by Act No.42 of 1992 was that Magistrate concerned shall make an order stopping further investigation and releasing the accused person. So power of revival was given to the District Magistrate or Chief Metropolitan Magistrate as the case m......ent November 27, 1995. Result: The Rule is discharged. Lawyers Involved: Kazi Golam mahbub, Abdus Sobhan with Mamnur Rashid, Advocates ‑ For the Petitioner. AS Mamun, Assistant Attorney-General - For the State. Criminal Revision No.3237 of 1991. Judgment Kazi Ebadul Hoq......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148...

Category: Criminal Law | Date: | Hits: 82

Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)

.... without hearing them is wrong on the face of the record itself. Section 151 CPC has been worded as follows: “151. Nothing in this Court shall be deemed to limit or otherwise affect the inherent power of the Court to make such order as may be necessary for the ends of justice or to prevent abus......u Sayeed Ahammed J Abu Sama..............Petitioner Vs. Abu Syed and others...........Opposite Parties Judgment June 25, 1995. Result: The Rule is discharged. Cases Referred to- Tripura Charan Chowdhury and others Vs. Girish Ch. Chowdhury, 7 DLR 466. Lawyers Involved......Ahmed, Advocate ‑ For Petitioner. Md. Abdul Halim with Md. Md. Enamul Huq Advocates - For the opposite party. Civil Revision No.322 of 1993 Judgment Abu Sayeed Ahammed J.- The revision calls in question the propriety of the order dated 2.11.92 passed by the Senior Assistant Judge, Cox......, the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141...

Category: Procedural Law | Date: | Hits: 124

Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....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,...... Azad and 6 other Members of the Parliament namely, Suranjit Sen Gupta MP, Tofael Ahmed MP, Mrs. Matia Choudhury MP, Rahmat Ali MP, Md. Nasim MP and Prof. Abdul Hafiz MP prayed for issuance of a Rule calling upon the respondents to show cause as to why the impugned legislation namely, the President'......litical party arises, the Speaker shall within seven days of being informed of it, in writing by a person claiming the leadership of the majority of the members of that party in parliament, convene a meeting of all members of Parliament of that party in accordance with the Rules of procedure of Parl..

Category: Constitutional Law | Date: | Hits: 414

MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)

.... 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......iled a copy of the notice and the postal receipt of the same as Exhibits 1‑2. In this connection, the postal peon has also been examined by the plaintiff‑opposite‑party as P.W.2 who has categorically stated that he served the notice upon the defendant‑petitioner who received the same by putt......ut 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 Case is also Reported in: 44 DLR (HCD) (1992) 348. ..

Category: Civil Law | Date: | Hits: 140

Mahbubur Rahman Vs. State, 1992, 21 CLC (HCD)

...., 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. ......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

SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)

.... Management for unfair labour practices, the respondent No.4 Union, had no other alternative but to bring the whole matter to the notice of the Minister‑in‑charge of the Ministry of Labour and Manpower by its letter dated 3.5.90 and the Minister directed the Director of Labour to hold a proper e......n (Special Original Jurisdiction) Present: Md. Abdul Jalil J Md. Badiuzzaman J SM Shafiul Azam and others………………………Petitioners Vs. The Director of Labour and others…………………………Respondents Judgment June 11, 1991......Petition No.1781 of 1990. Judgment Md. Badruzzaman J.- On an application under Article 102 of the Constitution of the People’s Republic of Bangladesh, a Rule Nisi was issued on 15.8.90 calling upon the respondents to show cam as to why the impugned order dated 16.6.90 as contained in ...... Bank Ltd., a banking company, incorporated as a public limited company under the Companies Act, 1913 and the petitioner No.2 is the Managing Director of the said bank. The Chairman presides over all meetings of the Board of the Directors and performs all functions as envisaged under Articles 114 to..

Category: Labour and Industrial Law | Date: | Hits: 176

M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)

....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......pplication under section 561A of the Code of Criminal Procedure moved at the instance of the accused petitioner, the former Chairman of DIT (now RAJUK) which a Rule was issued by this court on 24.592 calling upon the Deputy Commissioner, Dhaka to show cause as to why the impuged proceedings of Speci......t No.49 was Tk.1.93.550,000‑00 per katha and Shukur Pradhan was the bidder. The bid for plot No.49A was for Tk.1,92,000.00 per katha and the bidder was Golam Kibria. 11. It was decided in the meeting held on 17.11.85 that DIT will construct its own building as the highest bid money was consi..

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.................................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......ajjad Ali Chowdhury Advocates - For the Petitioners. Md. Ansar Ali, Advocate - For the Opposite Party. Civil Revision Case No.122 of 1982. Judgment Syed Fazle Ahmed J.- This Rule seeks to call in question the legality and propriety of the judgment and decree dated 21.6.82 passed by the l......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...

Category: Property Law | Date: | Hits: 134

Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)

.... 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. ...... the filing of the suit to the date of Judgment, the High Court Division held that as the award to interest fell within the discretion of the Court which was duly exercised by it, no interference was called for. The order of interest at the rate of 12% during the pendency of the suit and until reali......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. ..

Category: Civil Law | Date: | Hits: 141

Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)

.... 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......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.......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...

Category: Criminal Law | Date: | Hits: 91

Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)

....e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ...... Abdul Quayuam Khan……………Petitioner Vs. Abu Yusuf Mridha………………Opposite Party Judgment November 20, 1997. Result: The Rule is discharged without any order as to costs. Case Referred to- Asadunnessa and others Vs. Kamruzzaman and others, 26 DLR 363. ......nd, as such, I do not find any reason to differ with such concurrent finding of fact. 10. Regarding objection as to the bar of limitation in filing the suit, it appears that the plaintiffs categorically asserted in their plaint and in evidence that they demanded the defendants to execute and regi......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ..

Category: Procedural Law | Date: | Hits: 129

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