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Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)

....the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......g the petitioner were present and in the said meeting the petitioner disclosed that the government of the ruling alliance has to be overthrown and party in opposition should be supported to take over power whereby they will have some privilege for operating their organisation namely, Proshika. It is......ment July 13, 2004. Result: This Rule is made absolute. Lawyers Involved: Dr. Kamal Hossain with M Amir‑ul Islam, Advocates ‑ For the Petitioner. Md. Helaluddin Mollah, Deputy Attorney General with Md. Alamgir Kabir Assistant Attorney General – For the State. Criminal Misc......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ..

Category: Criminal Law | Date: | Hits: 81

Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)

....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......y with regulation 2 which provides for appointment of three classes of employees­- probationer, permanent and temporary. 6. Secondly, appointment of a cleaning contractor amounts to delegation of powers of the Authority to the contractors and, as such, is hit by section 8 of the Civil Aviation A................Petitioners Vs. Chairman, Civil Aviation Authority and another ......................Respondents Judgment June 21, 2003. Result: The Rule is discharged. Cases referred to- Chairman BJMC Vs. Nasir Ahmed Chowdhury and others, 7 BLC (AD) 144; Rabia Bashri, Irena and a......ate expectation. Accordingly, we conclude that there was no illegality on the part of the Authority in issuing the impugned tender notices. In the result, the Rule is discharged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no ord..

Category: Employment/Service Law | Date: | Hits: 125

Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)

....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......n the bank. He told her that he obtained loan in connection with his business of Gold Star Lines and Trans Bangla Shipping Line. He was the sole proprietor of those firms. The Bank obtained a general power of attorney in respect of the loans from her and she executed and registered said power of att......Baraka Bank Bangladesh Ltd ....................Appellant Vs. Rina Alam and another............Respondents Judgment April 12, 2004. Result: The appeal is dismissed. Cases referred to- Ms Sekendar Jute Baling Ltd Vs. Sonali Bank and another, 1998 BLD (AD) 268; Vemlata Reddy Vs.......oans. On 17‑3‑88 the house was not free from liability. Then, Shawkat Ali adjusted entire loan. On 13‑7‑92 he obtained non liability certificates from the defendant bank. Bai-Muajjal facility granted was not proper and he did not enjoy them. He did not request the plaintiff to mortgage the p..

Category: Civil Law | Date: | Hits: 109

Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)

....e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ......order is not only cryptic in nature but it is also a totally non‑speaking one and such an order is never countenanced by law. 4. Appointment of the receiver is not a matter of causal exercise of power by the Court. The Court can appoint a receiver for a disputed property only when the condition......zid Khan and others…………………Appellants Vs. Ali Howlader and others............... Respondents Judgment January 14, 2003. Result: The appeal is allowed. Cases referred to- Nur Mohammad Vs. Jogendra Kumar Dutta and others, 28 DLR 7. Lawyers Involved: Abdul Quq......e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ..

Category: Civil Law | Date: | Hits: 89

Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)

....by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......ে পারিবে; এই আইনে এইরূপ আদেশ দেউলিয়া ঘোষণাদেশ বলিয়া অভিহিত। 30. Section 10 therefore, clearly empowers one or more creditors or a debtor to present a plaint when a debtor commits an act of bankrup......sent: Md. Abdur Rashid J S Rahman Miah J Abdur Rashid Chowdhury...........................Petitioner Vs. Additional District Judge and others……………Respondents Judgment October 20, 2003. Result: The Rule is made absolute. Cases referred to- 42 DLR (AD) 86, Be......e Bankruptcy Court at Dhaka in Bankruptcy Suit No. 27 of 2000 is hereby declared to have been made and/or passed without any lawful authority and of no legal accordingly, is quashed. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Respondent No. 1, the Bankr..

Category: Others | Date: | Hits: 185

Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)

....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ...................Appellants Vs. Nilufar Momtaz and another..................................Respondents Judgment December 13, 2011. Result: The appeal is dismissed. Cases Referred to- Abul Khair Vs. Pubali Bank Ltd. 53 DLR (AD) 62; Kazi Shahjan Vs. Md. Khalilur Rahman Madbar 5...... dated 23-4-2008 passed by the High Court Division, the leave-petitioners moved this Division by filing Civil Petition for Leave to Appeal No.1227 of 2008 and this Division, upon hearing the parties, granted leave on 23-3-2009 resulting in the initiation of Civil Appeal No.192 of 2009. 9. Mr. Raf..

Category: Property Law | Date: | Hits: 81

SAH Monowar Ali and others Vs. Chairman, Bangladesh Jute Mills Corporation and others, 2009, 38 CLC (HCD)

....ration will pay the arrear salary to the employees immediately. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 1. ......he above, it is evident to this Court that the arbitrary decision by respondent No.1 as to effect by respondent No.2 to issue wholesale denomination letters is a clear manifestation of gross abuse of power and is thus without any lawful authority and of no legal effect. The Rule in each of the Writ ...... Vs. Chairman, Bangladesh Jute Mills Corporation and others……………………Contemner-respondent's Judgment April 23, 2009. Result: The Rule is discharged. Cases Referred to- Md. Salimullah Khan Vs. State, 15 DLR (SC) 150; State of Pakistan Vs. Mehrajuddin, 11 DLR (SC......s held as follows: ''It remains to consider the propriety of the proceedings in contempt commenced in two of these cases by the High Court. It is true that the usual method of enforcing a Judgment granting an order of mandamus is by commitment for contempt, but such a mandamus must be of an absol..

Category: Criminal Law | Date: | Hits: 83

Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)

.... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ......ellaneous Appeal No.84 of 1987 dismissing the appeal and modifying the judgment and order dated 31-1-1987 passed in Miscellaneous Case No.597 of 1974 by the Assistant Judge, Additional Court, Kushtia to the effect that appellant No.1 will not get the cost of removing his house from the disputed land...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ..

Category: Property Law | Date: | Hits: 70

Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)

....Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ...... the suit to the date of the decree. The award of interest under this section after the date of filling of the suit is entirely a matter of discretion of Court. This purely is a matter of stat­utory power. In a decree for the payment of money, the Court may pass an order of interest at such rate as......t February 20, 1989. Result: The Rule is discharged. The stay order granted staying the Execution Case is vacated. The Execution Case will proceed in accordance with law. Cases Referred to- AIR 1940 (Ma­dras) 29; AIR 1937 (Madras) 511; AIR 1931 (Madras) 650; 3 BCR 1983 (HCD) 339; M..........................Petitioner Vs. Mahbubul Amin & others..........................Opposite Parties Judgment February 20, 1989. Result: The Rule is discharged. The stay order granted staying the Execution Case is vacated. The Execution Case will proceed in accordance with l..

Category: Procedural Law | Date: | Hits: 74

Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)

....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ...... Court either in Ap­peal or in Revision, but obtained this Rule, which need be discharged. 4. In the instant case the filing lawyer had been Mr. Raushan Ali, Bar-at-Law. He initially obtained the power from both the petitioners and being satisfied signed his name. It is also signed by one Mr. Ab...... Abdus Samad & others.................Petitioners Vs. The State..................Opposite Party Judgment February 15, 1989. Result: The Rule is discharged. Cases Referred to- Chan Shah Vs. The Crown, PLD 1956 (FC) 43; Khalid Saigol Vs. The State, 14 DLR (SC) 321; Kha......ves at the mercy of this Court and will act exactly as may be the order of this Court as to sur­render and if petitioners are to surrender in jail this Court may be pleased to pass such an order and grant them time for such surrender after intimating the jailor of the Dhaka Central Jail to take the..

Category: Criminal Law | Date: | Hits: 95

M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)

....cu­ments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......ustoms. He further ad­mitted that he himself detected the gold from a secret pocket at the bottom of the bag and after recovery of the gold the appellant was arrested. He further admit­ted he was empowered under the Customs Act to search and arrest any person. He also admitted that the seizure lis...... M. M. Rafiqul Hyder................................Appellant Vs. The State....................................Respondent Judgment November 10, 1988. Result: Cases Referred to- State Vs. Balshri Das Sutradhar, 13 DLR 289; Kalipada Nandi Vs. The State, AIR 1950 (Cal) 42......cu­ments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ..

Category: Criminal Law | Date: | Hits: 87

Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......Roy who claimed their co‑ownership of the premises. He further submits that the cancellation order in the garb of Rule 22 of the Cinematography Rule is illegal, mala fide and colourable exercise of power. He further submits that no notice of show cause was issued against the petitioner before the ...... Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan with Shahnaz Babli and Bulbul Rabeya Banu, Advocates ‑ For the Petitioner. Md. Golam Mostafa, Assistant Attorney General - For the Opposite Parties. Civil Revision No. 431 of 2003. Judgment Mir Has......nd non‑resident property and the plaintiff possessed the same unlawfully. Thereafter, the plaintiff prayed for lease of the same on 4‑9‑2000 and the defendant No. 1 accepted the said prayer and granted yearly lease for Taka 5,712 per year. Accordingly, the lease money has been deposited on yea..

Category: Property Law | Date: | Hits: 62

Basiran Bewa Vs. State, 2004, 33 CLC (HCD)

....titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ...... the petitioner. He simply directed to reconsider the earlier order of the Magistrate in the light of the observation made by him in his order. He further submits that the learned Sessions Judge is empowered to direct further enquiry when complaint against any accused is dismissed. In the instant ca......sain J AKM Fazlur Rahman J Basiran Bewa ............Petitioner Vs. State………Opposite Party Judgment July 4, 2004. Result: The Rule is made absolute. Cases Referred to- Yusuf Hasan Vs. MA Rezaul Ferdous, 48 DLR (AD) 43; Abdul Matin and others Vs. The State, 42 D......titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ..

Category: Criminal Law | Date: | Hits: 81

Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)

....nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......ments, stock of arms and ammunition and various affairs and also supply those vital material information. After successful conclusion of the liberation war and after actual and physical assumption of power of the Government of this country, the Government of the People’s Republic of Bangladesh bei......e Referred To- Secretary, Ministry of Industries Vs. Saleh Ahnaed and another, BLD 1981 (AD) 91. Lawyers Involved: Azizul Hasan, Advocate - For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney-General - For the Respondents. Writ Petition No.1541 of 1997. Judgment Md. Mozammel ......nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ..

Category: Administrative Law | Date: | Hits: 183

Binode Bihari Ghose Vs. Assistant Custodian, Vested and Non-Resident Property and others, 1998, 27 CLC (HCD)

.... The judgment and the decree passed by the trial Court are upheld. There shall be no order as to costs. Let the LCR be sent down. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 134....... The judgment and the decree passed by the trial Court are upheld. There shall be no order as to costs. Let the LCR be sent down. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 134.......134....... The judgment and the decree passed by the trial Court are upheld. There shall be no order as to costs. Let the LCR be sent down. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 134...

Category: Property Law | Date: | Hits: 56

Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)

.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......sion in the case of Shamsul Huda Vs. Mozammel Huq and others, 27 DLR 256 and the decision in the case of Unimarine SA Panama Vs. Bangladesh, 31 DLR (AD) 112. In Shamsul Huda it has been held that the power conferred under Order 38 rule 5 CPC is extraordinary power whereby a party in the suit may be ...... Ltd…………………Appellant Vs. Islam Steel Mills Ltd. and others……………………Respondents Judgment February 5, 1997. Result: The appeal succeeds. Cases Referred to- Shamsul Huda Vs. Mozammel Huq and others, 27 DLR 256; Unimarine SA Panama Vs. Bangladesh 31 D......cal sum and, as such, the order under appeal cannot be maintained. He next contended that the bills receivable from respondents 6-10 assigned to various banks for collection in consideration of their granting overdraft and credit facilities is not liable to be attached. 6. Mr. Rafique-ul Huq, on ..

Category: Procedural Law | Date: | Hits: 118

Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

....ittee took charge and started functioning on and from 9‑7‑2003 and amended the Constitution without any authority and without 2/3rd majority of the members of the Samity. He also contended that a discretionary interim relief granted by the lower Court subject to final order passed in the suit on......e petitioners were informed the details of the judgment by the trial Court on 2‑9‑2003 after the Court received the judgment on 27‑8‑2003. The above order of the High Court Division clearly empowered the ad-hoc Committee formed under the provision of Article 109 of the Constitution of the Sa..............................Petitioners Vs. Khatibuddin Ahmed and others......................Respondents Judgment January 18, 2004. Result: The Rule is made absolute. Cases Referred to- Safaruddin and others Vs. Fazlul Haque, 49 DLR (AD) 151; National Bank of India Vs. Yakub Mia......remove the Chief Election Commissioner. The learned Additional District Judge heard the said application under Order XXXIX, rules 1 and 2 on transfer and passed the impugned order dated 2‑10‑03 , granting temporary injunction against the defendants ­respondents restraining them not to hold elec..

Category: Civil Law | Date: | Hits: 74

Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)

....he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ...... Court may, in its discretion, hold a preliminary enquiry before lodging any complaint to the Magistrate only when it thinks it necessary but such an enquiry is never obligatory. The Court has enough power to lodge such a complaint without holding any enquiry at all when from the proved facts the Co......ated 10‑1‑2001 passed in had done works beyond the tender, which the Miscellaneous Case No. 1 of 1999 sending a defendants received and enjoyed. Not only that the complaint against the petitioner to the Criminal defendants already transferred the building may be Court concerned with the land at ......rged without any order as to cost and the impugned order dated 10‑1‑2001 passed by the learned Artha Rin Adalat, Naogaon in Miscellaneous Case No. I of 1999 is affirmed. The order of stay earlier granted by this Court stands vacated. Communicate the order at once to the learned Artha Rin Adal..

Category: Criminal Law | Date: | Hits: 82

Government of Bangladesh Vs. Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others, 2010, 39 CLC (HCD)

....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 49.......at any point of time the title of the plaintiffs was lost. 23. Mr. Goutam Kumar Roy, the learned Deputy Attorney General further relying on the decision reported in 4 BLD (AD) 199 submits that the power of attorney dated 3.8.89 (Ext.4) was not proved as per the provision of section 67 of the Evid......Opposite parties. Judgment August 19, 2010. Result: The Rule is discharged. Cases Referred To- Nur Mohammed & others Vs. Moulvi Mainuddin Ahmed and others, 6 BLD (AD) 342; Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka Vs. Abdul Majid Howlader and others, 24 BL......er, Revenue and Asstt. Custodian Vested Property, Chandpur Vs Tafurnessa, wife of Ali Ahmed Mia and others reported in 41 DLR (AD) 124 it has been held as follows: "But a remand order is not to be granted as a matter of routine. Section 29 All 184 P.C. and 17 All 112 P.C. Mr. Moksudur Rahman foun..

Category: Property Law | Date: | Hits: 64

Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)

....inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ......Bureau of Anti‑Corruption lodged a first information report against the petitioners and others alleging, inter alia, that the petitioner and others in collusion with each other by misusing official power caused a financial loss of Taka 1.10 crore to Bangladesh Muktijuddah Kallyan Trust by selling ......…...Opposite Parties Judgment January 5, 2003. Result: The Rule is discharged. Lawyers Involved: AKM Ali, Advocate—For the Petitioners. ABM Waliur Rahman Khan, Assistant Attorney-­General—For the State. Criminal Miscellaneous Case No. 709 of 2003 with Crimina......pal offenders are the questions involved which can only be decided on taking evidences. Therefore, we are not inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (20..

Category: Criminal Law | Date: | Hits: 93