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Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
.... of the same it appears that the trial Court as well as the lower appellate Court considered the evidence and decreed the suit. 12. It is now a well settled provision of law is that exercising the power conferred under section 115 of the Code of Civil Procedure this Court canÂnot go in to the fa......€¦â€¦â€¦Petitioner Vs. Md. Abdur Rab Khandaker & others………………………Opposite Parties Judgment March 14, 2010. Result: The Rule is made absolute. Cases Referred to- 3 BLD 258; Mamud Raja Bhuiyan Vs. Md. Lal Miah, 40 DLR 271; SN Gupta & Co Vs. Sadananda G...... No one appears - For the Opposite Party. Civil Revision No. 4555 of 1998. Judgment Mamnoon Rahman J.- In an application under section 115(1) of the Code of Civil Procedure, Rule was issued calling upon opposite parties to show cause as to why the judgment and decree dated 2-6-1998 passed ......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....er of Cox's Bazar MuniciÂpality with voter No.221373362050 and being a perÂmanent citizen of Bangladesh has preferred this application in public interest contending, inter alia, that in exercise of power as conferred in section 7 of the “ŕ¦ŕ§‹ŕ¦źŕ¦ľŕ¦° তালিকা আইন, ২০০৯......……Petitioner Vs. Election Commission and others……………………………Respondents Judgment February 15, 2011. Result: Both the Rules are disposed of. Cases Referred to- Abul Kalam Shamsuddin Vs. Anti-Corruption ComÂmission, 14 MLR (AD) 153; Basic Engineering Li......ard together and are being disposed of by this single judgment. 2. In these Rules Nisi issued under Article 102 of the Constitution of the peoples' Republic of Bangladesh the respondents have been called upon to show cause as to why the impugned notification vide memo No. নিকস/পৌর-ŕ...... were examined under random samÂpling and amongst the said numbers 45,859 voters were found as citizen of Myanmar. Accordingly, the said number of voters was excluded from the said list. That in the meeting of District Law and Order Committee of Cox's Bazar district held on 28-11-2010 the issue of ..Category: Election Law | Date: | Hits: 217
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....jection the opposite‑parties raised the question of defect of parties in a most casual manner without making any specific averments in that direction. He further submitted that the court has enough power under Order VI rule 17 of the Code of Civil Procedure to allow any party to alter or amend his......t of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....cept in accordance with the provisions of clauses (3) (4) (5) (6) (7) and (8) of the said Articles. Referring to the preamble and Article 7 of the Constitution Mr. Amir‑ul Islam emphasized that all powers belong to the people and the Constitution is the solemn expression of the will of the people,............................Petitioner Vs. Justice Md. Abdur Rouf & others.........................Respondents Judgment July 27, 1995 Result: The Rule is discharged. Cases Referred to- AIR 1967 (Kerala) 259; 39 DLR (AD) 59; Writ Petition No.37 of 1987 (Not reported); Bangladesh......r is of great public importance involving substantial questions of law as to the interpretation of the Constitution. The learned Additional Attorney-General having already entered appearance on being called upon to assist the Court, for the expeditious disposal of the Rule the personal service of th......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176...Category: Constitutional Law | Date: | Hits: 353
....decision reported in 14 BLD (AD) 196 (Sultana Jute Mills Ltd. and another vs. Agrani Bank and others) wherein it has been held that the Artha Rin Adalat is not a full-fledged Civil Court with all the powers and jurisdiction of a Civil Court. It is a Civil Court of a defined and limited jurisdiction.......€¦â€¦Petitioner
Vs.
Standard Co-operative Credit Society Ltd and another………………Opposite Party
Judgment
May 31, 1998.
Result:
The Rule is made absolute.
Cases Referred to-
Serajuddin Howlader Vs. Pubali Bank Limited, 4 BLT 80; Sonali Bank Vs. Ali Tannery Ltd. and o......with Baktiar Rahman, Advocates - For the Petitioner.
Ozair Faruque, Advocate - For Opposite Party.
Civil Revision No.4438 of 1997.
Judgment
Mahmudul Amin Choudhury J.- This Rule was issued calling upon the plaintiff-opposite party No.1 to show cause why order dated 17-8-97 passed by the l...... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
..
Category: Civil Law | Date: | Hits: 135
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......terest of the defendants; there was no thumb impression of Cherag Ali in the kabala; Salamatullah did not acquire any right, title and interest through the disputed kabala. The plaintiffs having come to know about the said kabala on 18-5-91 instituted the suit on 01-8-91. 3. Defendant Nos.1, 2, 5......, Advocates - For the Petitioner. Md. Ozair Farooq, Advocate - For the Opposite Party No.5. Civil Revision No.3460 of 1995. Judgment MA Aziz J.- The Rule at the instance of the defendants calls in question the judgment decree dated 17-7–95 allowing Title Appeal No.88 of 1993 by the lea......ence there may be and to examine it giving of course due weight to any circumstance attending its production that might render its loss more credible, and giving the other party a fair opportunity of meeting it, and no Court has the right to reject evidence tendered at any stage of the trial before ..Category: Procedural Law | Date: | Hits: 103
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
....uiry has been conducted by the Magistrate before taking cognizance. The learned Assistant Attorney-General submits that no preliminary inquiry in this matter is necessary as the Magistrate has been empowered under section 190 of the Code of Criminal Procedure to take cognizance of any offence as has...... Rahman and 2 others…………………….Petitioners Vs. State……………………..Opposite Party Judgment July 25, 1995. Result: The Rule is discharged. Cases Referred to- Abdul Wadud Khandaker Vs. State, 16 DLR 255; Abdur Rashid Vs. State, 43 DLR 279; Qazi Fazlull......, Advocates - For the Petitioners. Md. Abdur Rouf, Assistant Attorney-General - For the State. Criminal Revision No.1592 of 1994. Judgment Mahmudul Amin Choudhury J.- This Rule was issued calling upon the Deputy Commissioner, Sunamganj to show cause why the order dated 4-10-94 passed by ......plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ..Category: Criminal Law | Date: | Hits: 102
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... the following passages from International Law in Contemporary Perspective written by Myres Dougal W Michael Reisman from the case of Ramos Vs. Diaz 1498 of the treatise: “The right of a foreign power to demand the extradition of one accused of crime and the correlative duty to surrender him ex......tary-General of Bangladesh Human Rights Commission, seeks from us issuance of a Rule on the Government of the People’s Republic of Bangladesh and other Government functionaries viz, the respondents to show cause as to why handing over of Anup Chetia alias Golap Barua to Indian Government should no......ling for right to self-determination of the Assamese people since 1979. The petitioner concerned with the arrest of Anup Chetia, the secretary-general of the United Liberation Front of Assam, briefly called ULFA, by the Bangladesh Government on 21-12-1997 and with the issue of his extradition to In...... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ..Category: Constitutional Law | Date: | Hits: 421
....Court has examined the evidence on record and has, after such examination come to the conclusion that the evidence as it stands is inherently defective. Until this is done, the appellate Court has no power to take additional evidence, nor even if the evidence offered be the evidence of new matter di......pellant
Vs.
Abdur Rahman Bhuiyan alias Zinnat Ali Bhuiyan & others…………………Respondents
Judgment
February 23, 1998.
Result:
The appeal is dismissed.
Cases Referred to-
Hajee Majar Ullah Sowdagar Vs. Mvi Nurul Haque & ors, 23 DLR 68; Sree Jitendra Nath Howla......ondent is a minor they have defended him by creating a kabala showing this petitioner as major. This petition of complaint has been marked as Ext. 3 before the trial Court wherein it has been categorically stated that the complainant on taking copy of the plaint and written statement of SCC Suit No.......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
..
Category: Property Law | Date: | Hits: 113
....be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
......he People's Republic of Bangladesh and others………………………………………………Respondent
Judgment
November 11, 1996.
Result:
The Rule is discharged.
Cases Referred to-
Kazi Abdul Wahab Vs. The Government of Bangladesh, 31 DLR 332; Talekhal Progressive Fishermen......l Islam, Advocate-For the Petitioner.
Shahabuddin Ahmad, Deputy Attorney-General-For the Respondents.
Writ Petition No.2773 of 1996.
Judgment
Md. Mozammel Hoque J. - This Rule was issued calling upon the respondents to show cause as to why relieving of the petitioner from the responsibi......be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....hman, brought Khondaker Moshtaque Ahmed, one of the Cabinet Members of President Shaikh Mujibur Rahman, and put him in the office of the President of Bangladesh. Khondaker Moshtaque Ahmed assumed the power of the Government as President on 15‑8‑75 and proclaimed Martial Law on 20th August, 1975,.....................................Respondents (In Writ Petition No. 5313 of 1996) Judgment January 28, 1997. Result: The Rules issued in two Writ Petitions are discharged. Cases Referred to- State Vs. Dosso, 11 DLR (SC) 1; TB Co-operative Society Vs. Chief Commissioner of Monipur, AI...... and 5313 of 1996 the constitutional validity of the Indemnity (Repeal) Act, 1996, has been challenged, the same were heard together and are being disposed of by one judgment. 2. Rules were issued calling upon the respondents to show cause as to why the Indemnity (Repeal) Act, 1996, should not be......d it was passed against all human rights and provisions of the Constitution. He submits that Bangladesh Bar Council Lawyers' Conference was held on 2-4‑1989 and it was presided over by him. In that meeting a resolution was taken condemning the killing of the then President Shaikh Mujibur Rahman an..Category: Criminal Law | Date: | Hits: 202
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....is not genuine. 10. From the contents of the provisions of Rule 15 of Rules 1983 as quoted above the Returning Officer at the time of scrutiny under Rule 15 of the Rules 1983, has not given any power to reject the nomination papers filed by the candidate because of variation of voter number o............Petitioner Vs. Election Commissioner and others.....................................Respondents Judgment February 8, 2003. Result: The Rule is made absolute. Cases Referred to- AFM Shah Alam Vs. Mujibul Huq, 41 DLR (AD) 68; Rafiqul Alam Vs. Mustafa Kamal, 42 DLR (AD) ......r Respondent Nos. 4 & 5. Mahabubur Rahman with Saiful Alam Mahmud, Advocates—For Respondent No.6. Writ Petition No.1031 of 2003. Judgment Md. Tafazzul Islam J.- This Rule was issued calling upon the respondent to show cause as to why the order dated 5‑1‑2003 passed by the resp...... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420...Category: Election Law | Date: | Hits: 211
....uit and consequently, the learned Subordinate Judge and 2nd Artha Rin Adalat committed no error of law occasioning failure of justice so as to justify interference by this court exercising revisional power under section 115(1) of the Code of Civil Procedure.
10. The learned Advocate for the petit......¦.…..Petitioner
Vs.
Chittagong Steel Mills Limited and another....................Opposite Parties
Judgment
November 27, 2002.
Result:
The Rule is made absolute.
Cases Referred to-
Musammat Umme Kulsum Vs. Shamiyan Rahim and others, 1998 BLD (AD) 13; Hasina Khatoon and anot......90 (previously) Other Class Suit No.24 of 1989 and the plaint of Money Suit No.35 of 1989, renumbered as Money Suit No.31 of 1990 pending between the contending parties.
11. The moot question that calls for our determination in the case is, whether the learned Subordinate Judge and 2nd Artha Rin ......the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417...
Category: Civil Law | Date: | Hits: 101
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....d cannot be partially benami partially shwaÂnami.' 17. The learned appellate Court did not commit any error of law and its judgment does not call for any interference by this court exercising the power vested under section 115 of the Code of Civil Procedure. 18. Accordingly, the Rule is disch......€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Md. Majibullah…………………………………….Opposite Party Judgment July 16, 2002. Result: The Rule is discharged. Cases Referred to- Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; J......to prove the ingredients of a benami transaction. A deed cannot be partially benami partially shwaÂnami.' 17. The learned appellate Court did not commit any error of law and its judgment does not call for any interference by this court exercising the power vested under section 115 of the Code of......The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ..Category: Property Law | Date: | Hits: 103
....h are as follows: Dispute related to an assessment of customs duty on some betel nuts imported by the plaintiff-respondents from Java to British India in 1932. Section 182 of the Sea Customs Act gave power to Customs Officers "to confiscate, to increase the rate of duty or to penalise" in respect of......a Market Baboshahi BahuÂmukhi Samabaya Samity Limited..............................................Opposite Party
Judgment
July 6, 2000.
Result:
The Rule is discharged.
Cases Referred to-
Secretary of State represented by the Collector of South Acrot Vs. Mask & Co., 44 CWN 709...... VII rule 11 (d) of the Code of Civil Procedure.
2. The opposite parties in the instant revision case being the Secretary of Mohammadia Market Baboshahi Bahumukhi Samobaya Samity Ltd. (hereinafter called the Society) instituted Title Suit No.238/99 in the 1st Court of Assistant Judge, Dhaka again......as held on 12‑12-Â1994 and the plaintiff was defeated in the said election. The tenure of the committee dated 12‑12-Â1994 was valid till 14‑12‑1997 and that committee took a decision in the meeting held on 13‑9‑1997 to hold the election of its next executive committee and fixed 13‑12..
Category: Procedural Law | Date: | Hits: 124
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....o property, trade, etc. He has cited a decision as reported in AIR 1996 SC 11 Tata Callular Vs. Union of India, in which requirements of tender, principle of judicial review applicable to contractual power exercisable by government were discussed and was held that terms of the invitation to tender c..............................Petitioner Vs. Bangladesh and others…………….……………..Respondents Judgment January 25, 2003. Result: The Rule is discharged. Cases Referred to- AIR 1996 SC 11 Tata Callular Vs. Union of India; Ekushey Television Ltd. and others Vs. Dr. C......r Respondent No.7. Md. Zaman Akhter, Assistant Attorney‑General—For Respondent Nos. 3‑5. Writ Petition No. 7370 of 2002. Judgment Salma Masud Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the contract to supply and incorporate a Conver......e and no papers relating to the deliberation of the Committee for such change were filed before the court in that case, but in the instant case relevant papers were filed including the minutes of the meeting and the deliberations of the Board of Directors to show that nothing was nonÂtransparent ab..Category: Others | Date: | Hits: 174
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
....zed the goods on 24-1-2007 whereas preÂpared the seizure list on 31-7-2007 without followÂing the provision of any law and, as such, the impugned seizure is not a seizure which is clear misÂuse of power of the executive authority which canÂnot be sustained in the eye of law and should be declare......ent August 10, 2010. Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan with Mohammad Hossain, Advocates - For the Petitioner. SM Moniruzzaman, Assistant Attorney-General - For the Respondents. Writ Petition No. 8954 of 2007. Judgment SM Emdadul H......Procedure is the procedure for search and making seizure. Section 103 is reproduced as below: 103. (1) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more respectable inhabitants of the locality in which the place to be searched is s...... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ..Category: Criminal Law | Date: | Hits: 94
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
.... Code of Civil Procedure is not amenable to writ jurisdiction and the same can, in an appropriate case, be dealt with by a civil Court". It has further been held that "the order passed in exercise of power under the Code of Civil Procedure cannot be chalÂlenged under Article 102(2) of the Constitut......¦â€¦â€¦â€¦â€¦Petitioner Vs. Sonali Bank Limited and others………………………Opposite-Parties Judgment August 19, 2010. Result: The Rule is made absolute. Cases Referred to- 15 MLR (AD) 20; 15 BLT (AD) 237; 15 BLT at page 425. Lawyers Involved: SB Bhandari with......hamsun Nahar, Advocates - For the Opposite-Party No.1. Md. Hefzul Bari, Advocate - For the Opposite-Party No.2. Civil Revision No.185 of 2010. Judgment Abdul Awal J.- This Rule was issued calling upon the opposite parties to show cause as to why the impugned order dated 9-11-2009 passed ......1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ..Category: Civil Law | Date: | Hits: 229
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....e investigation. In support of his contention he cited the case of Bangladesh Vs. Tan Kheng Hock reported in 31 DLR (AD) 69. In that case it was held that there is no provision in the Code conferring power upon the High Court to interfere in a case at investigation stage. High Court's power of super......r Vs. State………………………………………………………………………..Respondents Judgment January 6, 2003. Result: The Rule is discharged. Cases Referred to- Md. Golam Mortuza Vs. State, 28 DLR 115; Ali Akkas Vs. Enayet Hossain and others, 1997 BLD (A......Md. Abdur Rouf Deputy Attorney-General with Md. Shamsul Hoque, Assistant Attorney-General—For the State. Criminal Revision No. 738 of 1999. Judgment MM Ruhul Amin J.—This Rule was issued calling upon the Deputy Commissioner, Sylhet to show cause as to why the impugned proceeding of GR C......the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ..Category: Criminal Law | Date: | Hits: 86
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....as the Act) has no guidelines for its appreciation and violates the principles of Natural Justice; the authority has issued the impugned order compulsorily retiring the petitioner by exercising their power under the said statute in a capricious and discriminatory manner which is a clear case of "fra......ury……………………Petitioner Vs. Bangladesh and others……………………Respondents Judgment February 10, 2010. Result: The Rule is made absolute. Cases Referred to- Mamun-ur-Rashid Vs. the Government of Bangladesh, 57 DLR 100; Bangladesh Biman Corporation Vs......ocate - For the Respondent No.1. Akter Imam with Sajeda Farisa Kabir, Advocates - For the Respondent No.3. Writ Petition No. 4579 of 2009. Judgment Tariq-ul-Hakim J.- Rule Nisi was issued callÂing upon the respondents to show cause as to why the impugned order (Annexure A) issued by the......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ..Category: Employment/Service Law | Date: | Hits: 157
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