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State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... of the persons composing that assembly is – First.- To overawe by criminal force. Or show of criminal force, the [Government or legislature], or any public servant in the exercise of the lawful power or such public servant; or Second. – To resist the execution of any law, or of any legal ......t November 23 & 28, 2011. Result: The Death Reference is rejected. The Jail Appeal is dismissed. Criminal Appeal is dismissed. Lawyers Involved: Md. Jahangir Alam , Deputy Attorney General, Md. Ensanuddin Sheikh and Md. Nurul Islam Matubbor, Assistant Attorneys General - Fo......gorous imprisonment for one year more. All the convict-appellants are entitled to get the benefit as provided under Sub-Section (1) of Section 35 A of the Code of Criminal Procedure. The orders granting bail to the convict-appellants by this Court are hereby vacated and they are directed to su..Category: Criminal Law | Date: | Hits: 104
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
.... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ...... judicial principles set aside the ex parte order of dismissal of the suit on assigning cogent reasons and the same has occasioned no failure of justice and, as such, this Court exercising revisional power under section 115(1) of the Code of Civil Procedure cannot interfere with the impugned order. ......er………………………Petitioner Vs. Matilal Dhupi and others.......................Opposite Parties Judgment March 25, 1998. Result: The Rule is discharged. Case Referred to- Rafiqul Islam and another Vs. Abul Kalam and ors, 42 DLR 19. Lawyers Involved: Golam Mo......Rule is discharged without any order as to costs. The impugned order dated 27-5-87 passed by the learned Munsif, Gournadi in Miscellaneous Case No.52 of 1986 is affirmed. The order of stay earlier granted by this Court stands vacated. 9. In view of the fact that this is a very old case, the in..Category: Procedural Law | Date: | Hits: 87
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......frained from making any fresh submission in support of his opposition to the Rule. 4. By order dated 4-5-98 District Magistrate, Chittagong detained the detenu Suranjit Barua (Labu) in exercise of power under section 3(2) of the Special Powers Act, 1974 for 30 days from the date of service of the...... Pranajit Barua…………………Petitioner Vs. State and another……………………Respondents Judgment June 25, 1998. Result: The Rule is made absolute. Cases Referred to- Ranabir Pal Singh Vs. Emperor, AIR 1949 Bombay 161; Md. Anowar Vs. Crown, PLD 1955 Lahore 585......groups at that place. Police made GD Entry No.508 of dated 9-4-98 over the arrest of the said detenue along with others from the said area. In Criminal Misc. Case No.1848 of 98 learned Sessions Judge granted ad interim bail for 2 weeks to the detenu on 27-4-98. But he could not be released as he was..Category: Criminal Law | Date: | Hits: 72
Abdul Momen and others Vs. Dhaka City Corporation & others, 1997, 26 CLC (HCD)
....For the aforesaid reasons, we find no substance in this petition. In the result, this petition is rejected summarily. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 300. ......aken in the public interest. The petitioners who are businessmen have no fundamental right to stop such construction on the plea of business loss. Business is no ground for invoking the extraordinary power under Article 102 of the Constitution. We are afraid that such right can be pleaded for obtain......der Article 102 of the Constitution at the instance of the petitioners. The petitioners are businessmen. They have shops at Aziza Bhaban Market, which is facing the footpath of Hatkhola road adjacent to Hotel Illishiam. The petitioner invested huge amount of money for payment of salami for taking le......For the aforesaid reasons, we find no substance in this petition. In the result, this petition is rejected summarily. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 300. ..Category: Civil Law | Date: | Hits: 117
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......zance and such grounds were not taken by the accused persons in their revisional applications or application for considering additional grounds. He further submitted that requirement of delegation of powers and functions of the SEC by a gazette notification as mentioned in section 28 of the Ordinanc......……………Accused Vs. Security Exchange Commission……………………………Complainant Judgment December 9, 1997. Result: The References are rejected. Cases Referred to- Khoreshed Alam Vs. State, 27 DLR 111; Abdul Ali Vs. State, 30 DLR (SC) 58; Dost Mohammad Vs. ......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ..Category: Business or Commercial Law | Date: | Hits: 219
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......1969) 21 DLR (SC) and (1973) 25 DLR (SC). 7. It is unfortunate that the High Court Division considered the provision of the Ordinance III of 1959. That Ordinance was provided for the constitution, power and procedure of the Committee appointed to scrutinise the conduct of certain persons. That Or......i J Bangladesh……………………Appellant Vs. Dr. Nasiruddin………………………Respondent Judgment March 21, 1983. Result: The appeal is allowed. Cases Referred to- Amir Hossain's case, PLD 1963 (SC) 185; Zafrul Ahmed’s case, 12 DLR (SC) 921; Murzuqullah, ......d that those are the decisions which rest on the charge of "inefficiency" but in the present case the charge was for 'misconduct'. In this view of the matter the appeal was dismissed. 5. Leave was granted to consider the question whether the Learned Judges of the High Court Division were well fou..Category: Employment/Service Law | Date: | Hits: 196
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......ursuance of the requisition of the Pourashava under Ordinance XXVI of 1970 (Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970 took the action which confers powers upon the authority for recovering the possession of Government and Local Authority and ev......others…………………Appellants Vs. Abdul Latif & others………………………Respondents Judgment February 9, 1983. Result: The appeal is allowed. Cases Referred to- Hasan Ali Vs. Dara Shah, AIR 1936 Nagpur 282; Moazame Shaikh Vs. Annada Prasad, 46 C.W. No.36......ed the decree and allowed the appeal in part modifying to the extent that the plaintiff is entitled to Tk. 50,000/- for damage and Tk. 25,000/- for the loss of his reputation with interest. Leave was granted to the defendants 4 to 7 to consider as to the correctness of the decision of the Courts bel..Category: Property Law | Date: | Hits: 99
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......are taken and accepted as true do not constitute any offence and therefore further continuation of the case is a sheer abuse of the process of the Court, to prevent which is exercising the inherent power of this Court under section 561A of the Code of Criminal Procedure the case should be quashed.......M Fazlur Rahman J ANM Bashirullah J Nasiruddin Ahmed Pintu (Md.)…………………………..Accused-Petitioner Vs. State………………………….Opposite Party Judgment October 28, 2010. Result: The Rule is discharged. Cases Referred to- RS Nayak Vs. AR Autul......al No. 1254 of 2008 before the Appellate Division against the judgment and order dated 18-5-2008 passed by this Court (High Court Division) in Writ Petition No. 8578 of 2007 and accordingly leave was granted and operation of that impugned judgment and order was stayed till disposal of the appeal. ..Category: Criminal Law | Date: | Hits: 230
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ...... the post Quality Controller, that his last monthly salary was Taka 1,38,000/- and his last post was Assistant Quality Assurance Manager, but according to him he had no Administrative and supervisory powers. That on 29-11-2007 forcibly he was made to sign a resignation letter over which he lodged a ......ellip;…………………….Opposite Parties Judgment February 15, 2011. Result: The rule is made absolute. If anybody fails to comply any order passed under the Labour Court then he can only be prosecuted and punished under ......aim for money in his petition of complaint and filed the case before the Labour Court under section 307 of the Labour Act this is absolutely a Civil Claim for money and there is no scope to grant such relief under the said provision of law, accordingly there is no ingredients of section 30..Category: Labour and Industrial Law | Date: | Hits: 201
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......eport's being substance the same, registering the first information report in the instant case and submission of a charge sheet while earlier cases are under investigation is unlawful. The sweeping power of investigation does not warrant subjecting a citizen each time to a separate investigation......ossain and others.......................Accused Petitioners Vs. State......................Opposite Party Judgment May 25, 2010. Result: The rule is made absolute. Cases Referred to- Muslimuddin Vs. State, 38 DLR (AD) 31; Paran Chadra Barai Vs. State, 2 BCR 292, (Para-II); 6 ...... refrained from formally reducing the order into writing in deference to the submission of the learned Attorney-General. After lunch break at 2 O'clock when the Court was about to dictate the order granting Rule Nisi, the Attorney-General, Mr. AJ Mohammad Ali handed over to the Hon'ble Court a fil..Category: Criminal Law | Date: | Hits: 132
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......For the Petitioner. B Hossain, Advocate - For the Respondents. Writ Petition No.760 of 1995. Judgment Syed JR Mudassir Husain J. - This Rule Nishi was issued calling upon the respondents to show cause as to why the impugned order dated 1-4-1995 as contained in Annexure-I to the petition......nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390...Category: Employment/Service Law | Date: | Hits: 184
....hausting the remedy provided for in the Ordinance”.
12. That aforesaid view taken by the High Court Division generally speaking, is well in accord with the settle principle governing exercise of discretionary jurisdiction under Article 102 of the constitution when the law itself provides for a ......en stated therein that in pursuance of a notice in any form issued thereunder at any time before 30th October, 1988 the Government may take over possession of any abandoned property or building. This power of issuing this type of notice in any form gives arbitrary power to the Government and hence i......
The Rule in Writ Petition No.4893 of 1996 is discharged.
The Rule in Writ Petition No.79 of 1997 is discharged.
The Rule in Writ Petition No.1472 of 1996 is made absolute.
Cases Referred to-
Government of Bangladesh Vs. Dr. Nurul Islam, 33 DLR (AD) 201; Jibendra Kishore Acharyya Chow......ent transfer by Abdus Salam in favour of Golam Haider and his wife Momtaj Begum on 30-5-83 are also false, forged, fraudulent, without consideration. It is further submitted that Sk. Jalil was an immigrant and the case plot was allotted to him for his rehabilitation and during liberation war and aft..
Category: Property Law | Date: | Hits: 150
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
....Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......nment has withdrawn the case in respect of the said two accused persons, vide Memo No.3497(2) Judl. dated 10.12.80. The complainant Mahmuda Begum opposed the prayer. One Hemayet Hossain appeared by a power and filed an affidavit against the withdrawal petition filed by the learned Public Prosecutor.......iur Rahman Motiur Rahman @ Motiur Rahman...................Appellant Vs. State...................Respondent Judgment May 8, 1983. Result: The appeal is dismissed. Cases Referred to- Bakshu Mea Vs. Bangladesh, 30 DLR (AD) 228; Sikandar Ali Vs. State, 31 DLR (AD) 134. Lawye......ppellant thereafter moved the High Court Division, Jessore Bench, who refused to interfere with the decision of the learned Sessions Judge. The appellant then moved this Court for leave and leave was granted to consider whether the learned Sessions Judge was competent to question propriety of the Go..Category: Criminal Law | Date: | Hits: 82
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324....... Section 94 says that the Officer and employee of the Local Parishad shall be deemed to be public servant within the meaning of section 21 of the Penal Code. Section 90 deals with the delegation of powers. Section 46 deals with Local Parishad Service. Section 47 provides that the specified autho...... A.S.S. Mohammad Ali…………………Appellant Vs. The State and another……………………Respondent Judgment May 4, 1983. Result: The appeal is allowed. Case Referred to- Mahboob Ahmed Vs. The State, PLD 1963 (WP) Karachi 692. Lawyers Involved: Fazlul Karim,......d against the judgment and order of the High Court Division in Criminal Revision No.444 of 1980 refusing to quash the proceeding pending in the Court of Senior Special Judge, Bogra. 2. Leave was granted to consider the question whether the accused being a public servant prior sanction for his..Category: Criminal Law | Date: | Hits: 81
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
.... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ......………Appellants Vs. Sasanka Moban Das Karmakar & others………………………Respondents Judgment December 12, 1982. Result: The appeal is dismissed. Cases Referred to- Munnalal Vs. Mst. Kashibai, AIR 1947 PC 15; Harmes Vs. Hinkson, (1945) 50 CWN 895; G. Thataia...... Judgment Fazle Munim CJ.- This appeal arises from First Appeal (Probate) No.20 of 1975. Plaintiff respondent filed Civil Suit No.1 of 1972 in the Court of the District Judge, Chittagong for granting him Letters of Administration in respect of the estate of Pitambar Karmakar with a copy of ..Category: Property Law | Date: | Hits: 80
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
.... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310.......t invent jurisdiction or confer a jurisdiction which is not given expressly. The learned Single Judge missed this very point that revisional jurisdiction under section 25 S.C.C. Act does not confer power of revision of an order under section 28A. It must be remembered that the Small Cause Courts...... Khalek Mia……………………Appellant Vs. Maya Debi & others……………………Respondents Judgment April 11, 1983. Result: The appeal is allowed. Cases Referred to- Kesho Vs. Goyal and Company, AIR 1938 Lahore 95; R. Vs. Judge of Essax County Court, (1887) 1......e heirs of Rajani Kanta namely, Monoranjan Singha, Atomba Singha and Maya Debi left for India and the share of these persons have become enemy property and vested in the Government and the Government granted settlement of two-fifth share of the suit premises in V.P. Case No.6176 and he paid rent t..Category: Property Law | Date: | Hits: 113
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......uires determination on evidence and hence outside the scope of Order 8, rule 6(1) of the Code of Civil Procedure. It is also submitted that the impugned judgment and order is a colourable exercise of power of the respondent No. 6 conferred by the said Act and having not been made in accordance with ......………..Petitioner Vs. Sultana Jute Mills Limited and others…………………….Respondents Judgment December 1, 1993. Result: The Rule is made absolute. Cases Referred to- Ruhul Amin Vs. District Judge, 38 DLR (AD) 172; Begum Lutfunnessa Vs. the People's Republic o...... 20,22,81,000.00 by way of set‑off against the claim of the petitioner alleging that the respondents suffered damages and loss for the said amount on account of willful refusal of the petitioner to grant further loan by extending limit already sanctioned at a time when the respondents were in furt..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......ght of exemption which the petitioners are entitled in accordance with law, as such, the same are illegal and without lawful authority. It is further argued by the learned Advocate that delegation of power under section 3(4) or the Act to the Board to levy duty and to vary the levy which is an essen......5 of 1989) Vs. Bangladesh and others .............................Respondents (In all writ petitions) Judgment August 2, 1994. Result: The Rules are made absolute. Cases Referred to- Zaibtun Textile Mills Ltd. Karachi and others Vs. Central Board of Revenue and others, PLD 19......lthough power has been given to the Standing Tribunal constituted under section 3(6) to confirm, reduce or increase the capacity but they failed in their duty in simply saying that the same cannot be granted as the Rules do not provide for such relief. Sub‑section (5) of section 3 reads as follows..Category: Fiscal/Taxation Law | Date: | Hits: 199
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......ient cause order stay of execution of such decree. The expression "stay of proceedings" does not mean stay of proceedings in the Court itself. Order 41 rule 5 of the Code gives an appellate Court the power to order stay of proceedings under any decree or order from which an appeal has been filed. Wh......…Petitioner Vs. Executive Engineer, Facilities Department, and others………………Opposite Parties Judgment March 13, 1997. Result: The Rule is discharged. Cases Referred to- 38 DLR (AD) 70; 40 DLR 496; 44 DLR (AD) 144; 31 DLR (AD) 319; 35 DLR 25; AIR 1933 (Bom) 118; ......e, Noakhali, which was registered as Miscellaneous Appeal No.53 of 1996 and on an application of the defendant opposite parties stayed the operation of the order dated 23‑11‑96 of the trial Court granting status quo prohibiting construction in the suit land till the disposal of the suit. Being a..Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......in Adalat Ain provides that in giving instalments to the judgment-debtor exceeding one year the Court is to obtain consent of the decree-holder. Thus it is clear that the Artha Rin Adalat has limited power in giving instalments to the judgment-debtor to satisfy the decree. Thus if we read sections 5...... Belayet Hossain…………………Petitioner Vs. Bank Indosuez…………………Opposite Party Judgment January 19, 1998. Result: The Rule is discharged. Cases Referred to- Sultana Jute Mills Ltd. and ors Vs. Agrani Bank and others, 14 BLD (AD) (1994) 195; 46 DLR (A......il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ..Category: Civil Law | Date: | Hits: 121
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