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Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)

....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. ......ng aggrieved by the said circular the petitioners who are the Ward Commissioners in the reserve seats of the Corporation, moved this court on 3‑5‑2003 and at their instance a Rule Nisi was issued calling upon Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Developme......��2002, electing one Mayor, thirty one Commissioners from the general seats and ten Commissioners from the reserved female seats (Annexure A). In due course, they took office as such Commissioners. A meeting of the Standing Committee on "Health, Family Planning, Conservancy and Drainage of the Corpo..

Category: Constitutional Law | Date: | Hits: 443

Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)

....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......��………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. ......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)

....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. ...... 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

Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)

....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. ...... 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)

....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......e provisions of the said Acting President's Order No.1 of 1972 in the interest of the Republic and subsequently under President's Order No.16 of 1972. Thus under the said order the properties automatically vested in the Government of Bangladesh and after taking over by the Government the same was tr......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: ..

Category: Property Law | Date: | Hits: 111

Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)

.... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ......lso Reported in: 55 DLR (HCD) (2003) 463. ......etitioner. AKM Nazrul Islam with Abdullah-Al-Mamun, Advocates—For the Respondents. Contempt Petition No. 24 of 2001. Judgment Syed Amirul Islam J.—This Rule was issued calling upon the opposite parties in following terms: "Let a Rule be issued calling upon t...... the Branch Manager, Agrani Bank, Pabna and accordingly, Rule was issued upon them. But BSRS was not a party in the aforesaid Contempt Petition No.99 of 1997 subsequently, the BSRS Board in its 226th meeting held on 27-12-1998 decided to sell the machineries of the plant to the highest tenderer at a..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 417

Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

.... 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,......hearing we have decided to give judgment in this case. The learned Advocates of both sides also agreed that a Single Bench matter can be heard and disposed of by a Division Bench. 2. This Rule, calling in question the legality and propriety of the order dated 20.2.91 passed by the Subordinate ......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)

....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......ral ‑For the Respondent. Writ Petition No. 832 of 1990. Judgment Kazi Ebadul Hoque J. - In this case Rule was issued on 3.5.90 on the following terms: "Let a Rule nisi issue calling upon the respondents to show cause as to why the respondent No.1 should not be directed to o...... 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. ..

Category: Election Law | Date: | Hits: 177

Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)

....oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......�…………………...Appellants Vs. State…………………….Respondent Judgment July 31, 1990. Result: Both the appeals are allowed. Cases Referred to- Hannmart Govind Nargundkar Vs. The State of MP, 1952 SCR 1091; AIR 1952 SCC 343; AIR 1954 ......uld go to the house of P.W.9 to settle a salish in which he is not at all interested. The visit of P.W.9 to that house appears to be improbable as he himself was not a matbar or a headman and was not called upon by anybody for settling such dispute. Moreover, he failed to give essential particulars ...... FIR that getting news from P.W.2 Lutfor, P.W.1 and his uncle Abul Hossain and others started for the police station and met Habibur Rahman P.W.7 and Bazlu Sk. (not examined) who stated to them about meeting with the accused persons who were armed with weapons and were discussing something near at t..

Category: Criminal Law | Date: | Hits: 95

Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....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 Bangladesh, 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......No. 147 of 1991. Judgment Abdul Jalil J. - This rule nisi, at the instance of one Mostafizur Rahman, a relation of the detenu Hussain Mohammad Ershad, former President Bangladesh, was issued calling upon the respondents to show cause why the detenu Hussain Mohammad Ershad, now detained in H......atisfied about the necessity of detention of the detenu. The ground is that on 10.12.90 the detenu in an interview with the BBC correspondent stated that he would start election campaign by holding a meeting of his party on 16.12.90 or on a near about date and he had nothing to repent or explain. It..

Category: Criminal Law | Date: | Hits: 113

Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)

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

Category: Criminal Law | Date: | Hits: 73

Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)

....��, 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......in J.- These 3 Rules arising out of a single Judgment have been heard together and shall be disposed of by this Judgment. 2. The propriety and legality of the impugned Judgment have been seriously called in question by the petitioner as well as by the opposite party. 3. Facts giving rise to th...... 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. ..

Category: Family Law | Date: | Hits: 265

Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)

....d for withdrawal from the suit. The learned Subordinate Judge also took note of this aspect of the whole question and allowed the prayer for withdrawal very rightly. 11. Apart from the controlling power under sub-rule (4) whether the court has any power to impose restriction upon the right of o...............................Petitioners Vs. Government of Bangladesh & Others............Opposite Parties Judgment March 23, 1988. Result: The Rule is disposed of. Case Referred to- Baidyanath Nandi and others Vs. Shumma Sundor Nandi and others, 1943 AIR Cal 427. Lawyers ...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ..

Category: Procedural Law | Date: | Hits: 82

Mahtabuddin Ahmed Vs. The Principal Secretary, President's Secretariat, Dhaka and Others, 1989, 18 CLC (HCD)

....view." 7. At the time of hearing Mr. Shamsul Huq Chowdhury, the learned Advocate appearing on behalf of the petitioner submits that after withdrawal of Martial Law the President can exercise the power which was vested in the CMLA and as such, the President can pass the necessary order for the d......n Ahmed.......................Petitioner Vs. The Principal Secretary, President's Secretariat, Dhaka and Others......Respondents Judgment November 14, 1989. Result: The order passed to review. Lawyers Involved: Shamsul Huq Chowdhury with Mahmudul Islam. Salma Masud Chowd......ocates—For the Petitioner. Md. Delwar Hossain, Assistant Attorney General—For the State. Writ Petition No.1701 of 1988. Judgment Abdul Matin Khan Chowdhury J. - This Rule was issued calling upon the respondents to show cause as to why the direction shall not be issued to them to ......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ..

Category: Employment/Service Law | Date: | Hits: 209

Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)

.... IX rule 9 of the Code dismissed for non payment of cost within the time specified, can be set aside and the Original Suit restored on acceptance of subsequent deposit of the said cost in exercise of power under section 151 of the Code. 8. As for myself, I have gone through the contents of the ap........Petitioners Vs. Saonatun Bewa .............................................................Opposite Party Judgment June 25, 2002. Result: The rule is discharged. Case Referred to- Rafiqul Islam and another Vs. Abul Kalam and others, 42 DLR 19. Lawyers Involved: Akra......9‑10‑95, resulting in failure of justice. 6. No one appears for the plaintiffs-opposite parties. 7. In view of the contentions of the learned Advocate for the petitioners, the question that calls for determination is, whether an application under Order IX rule 9 of the Code dismissed for n......nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ..

Category: Procedural Law | Date: | Hits: 94

Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ner's return in the manner to be determined by the board and refer the returns to the Deputy Commissioner of Taxes for the purpose of audit under sub-section (3) of section 82BB, no authority has the power to initiate any proceeding under the provision of section 82BB (3) or any other provisions of ......another…………………Petitioners Vs. Bangladesh and others…………………Respondents Judgment January 27, 2011. Result: The Rules are made absolute. Cases Referred to- 6 ITR 51; 44 ITR 726; 111 ITR 650. Lawyers Involved: Mosharraf Hossain with Bazlur Ra......hearing and disposed of by a single judgment as there involved a common question of law and fact. 2. In all the petitions, notice under section 93 of the Income Tax Ordinance, 1984 (herein after called Ordinance) issued by the respondents Income Tax Authority is under challenge. 3. In Writ P......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ..

Category: Fiscal/Taxation Law | Date: | Hits: 167

Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)

.... an impecunious great grand‑daughter of Dewan Hason Raja genuinely felt aggrieved by the filming of the great saint as a sensual, hot‑headed and hot-blooded Zamindar who having had vast wealth, power and influence gave vent to his relentless and unrestricted passion and lust for women and unbo...... Sigma Huda, Advocate—For Respondent No.3. Writ Petition No.7677 of 2002. Judgment MA Aziz J.- This Rule was issued calling upon respondent No.1 only i.e. the Chairman, Film Censor Board, to show cause, why the certificate issued by him for release/exhibition of the film ‘Hason Raja’......awyers Involved: Shorful Islam Khan, Advocate—For the Petitioner. Sigma Huda, Advocate—For Respondent No.3. Writ Petition No.7677 of 2002. Judgment MA Aziz J.- This Rule was issued calling upon respondent No.1 only i.e. the Chairman, Film Censor Board, to show cause, why the certi......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445...

Category: Civil Law | Date: | Hits: 210

Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)

....Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ......te - For the Petitioner. None Appears - For the Opposite Parties. Civil Revision No. 5405 of 2004. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the oppositeparties to show cause as to why the impugned Judgmentand decree dated 25-8-2004 passed by thelearned Senior ......ved: MA Kashem Bhuiyan, Advocate - For the Petitioner. None Appears - For the Opposite Parties. Civil Revision No. 5405 of 2004. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the oppositeparties to show cause as to why the impugned Judgmentand decree dated 25-8-......Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ..

Category: Property Law | Date: | Hits: 121

Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)

.... Prevention of Corruption Act, 1947 and since the offence described in the above provisions of law does not disclose, the question of abatement is not affected. 15. As regards the jurisdiction and power of this Court and section 561A of the Code of Criminal Procedure to quash the proceeding, the ......�………………Opposite Parties Judgment March 24, 2010. Result: The rule is made absolute. A Court of law cannot proceed judicially on a bare statement made by such police officer to the effect that a prima facie case under certain penal provision has been proved against the accu......ellaneous Case No. 5485 of 2003. Judgment Md. Shamsul Huda J.- This rule was issued on anapplication under section 561A of the Code ofCriminal Procedure being preferred by the accusedpetitioner calling upon the Deputy Commissioner,Dhaka show cause as to why the proceedings ofSpecial Case No.2 ......before the Works Minister on 15-5-2000. The Works Minister asked the Secretary to take necessary action, whereupon on 5-6-2000 RAJUK was directed to allot a plot to her in Banani RAJUK in its 11/2000 meeting allotted her plot as per rule 13(a) of the Allotment Rules being Plot No.2, Road No.28, Bana..

Category: Criminal Law | Date: | Hits: 137

Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)

.... behind wife namely, Shurashi Bala, Nreependra Nath Shaha and Sree Subal Chandra Shaha and the properties of late Gour Gobinda Shaha were given to his wife Shurashi Bala as life estate. So she had no power to transfer the said land nor to making will and the property as claimed as owner by the oppos......��……………Petitioners Vs. Haripada Saha & another……………………..Opposite Parties Judgment August 5, 2009. Result: The rule is made absolute. Cases Referred to- Md. Sekandar Ali Shaikh Vs. Dilip Kumar, 3 MLR (AD) 69; Abid Ali Vs. Maleka Khatoon, 37 DLR 1......tatements by the opposite party are quite false and the plea was taken by the opposite party only for the purpose of the suit, and suit was not at all maintainable and the said statements was categorically denied by the petitioners. He again submitted that the petitioners were the cousins (maternal ......e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ..

Category: Property Law | Date: | Hits: 83

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