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....on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
......n support of his contention, he has cited the decision of Jagannath Vs. State of Orissa AIR 1966 (SC) 1140.
5. The question before us, as to the jurisdicÂtion of the High Court in exercise of its power under writ jurisdiction, is well settled, in that it is to satisfy itself of the validity of t......IR 1954 (SC) 179.
Lawyers Involved:
S.R. Pal, Senior Advocate, with S.S. Halder, Advocate, instructed by Aminul Huq, Advocate on-Record - For the Appellant.
Ahmadur Rahman Khan, Additional Attorney-General, B.B. Roy Chowdhury instructed by B. Hossain, Advocate on Record - For the Respondent...... passed without any applicaÂtion of mind of the detaining authority.
4. Mr. Pal, the learned Counsel appearing on behalf of the detenu has reiterated the grounds on which the leave order has been grantÂed. In support of his contention, he has cited the decision of Jagannath Vs. State of Orissa ..
Category: Criminal Law | Date: | Hits: 103
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......the same was paid before submitting the statement. Consequently, he submitted statement of properties of Tk.1,40,36,461.19 + Tk. 19,49,541= Tk. 1,59,86,002.19 without any basis. 4. By misusing the power and with the aid of appellant No. 1, appellant No.2 illegally acquired a piece of land measuri......l Uddin and another .......................Appellants Vs. The State............................. Respondent Judgment November 8, 2010. Result: The appeal succeeds. Case Referred to- Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir and others, (2010) 62 DLR (AD) 290,......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ..Category: Criminal Law | Date: | Hits: 108
....rbitration clause.
16. Mr. Rafiqul Huq has raised a pertinent question which naturally arises from the leave order. It is, that, the power of the Court under section 34 of the Arbitration Act is a discretionary power and when the two Courts below have concurrently exercised the discretion in a pa......en made within the stipulated time is outside the reach of the arbitration clause.
16. Mr. Rafiqul Huq has raised a pertinent question which naturally arises from the leave order. It is, that, the power of the Court under section 34 of the Arbitration Act is a discretionary power and when the two......…………Appellants
Vs.
M/s. Crete Construction Company Ltd., & another……………Respondents
Judgment
April 27, 1978.
Result:
The appeal is dismissed.
Cases Referred to-
Heyman Vs. Darwins Ltd., 1942 A.C. 337; Gayn Electric Supply Co. Ltd., Vs. State of Bihar, A.......ject matter of the suit arose out of a breach of contract entered into in 1973. The learned Judges were of the view that the Court below was justified in refusing the prayer for stay.
4. Leave was granted to consider whether upon a true construction of the arbitration clause of the termination ag..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
....arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ......im to make a representation against the order. The learned Advocate further submits that in the instant case the learned District Magistrate who made the initial order of detention in exercise of his powers under sub-section (2) of Section 3 of the Special Powers Act did not serve the grounds of deÂ......almonirhat..............Petitioners Vs. District Magistrate & another................Respondents Judgment February 7, 1989. Result: The application is allowed. Cases Referred to- Abdul Latif Mirza, 31 DLR (AD) 1; Iftekhar Ahmed Vs. Government of Bangladesh, BLD (1988) 1......arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ..Category: Criminal Law | Date: | Hits: 66
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......mp; others...................Appellants Vs. Mohd. Mokan & others............................Respondents Judgment March 30, 1988. Result: The appeal be allowed. Cases Referred to- Tofail Ahmed Vs. Ahmed AIR 1938 Nag 177; Gopal Krishna Sil, 34 CLJ 319; Gopal Krishna Sil. ...... Title Suit No. 323 of 1970 in the 1st Court of Sadar Munsif, Sylhet in representative form "for deÂclaring customary right of user of the suit water resÂervoir by easement by long user and by long grants for a period beyond statutory period of limitation and for permanent injunction restraining t..Category: Property Law | Date: | Hits: 58
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
..... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219........ 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219.......minal Revision Case No. 38 of 1986. Judgment AKM Sadeque J.- This Rule obtained under Section 439 and 435 of the Code of Criminal Procedure is directed against the judgment and order purported to have been passed on 31.9.85 by Mr. M.A. Mannan Miah, Magistrate 1st Class, Sadar, Rajshahi discha......essitated, although the petitioner's witnesses were examined and cross examined. He sought to be represented by his Advocate Abul Kalam Azad in the subÂsequent dates. The learned Magistrate far from grantÂing this privilege to the complainant, which was due to him as a public servant under the pro..Category: Criminal Law | Date: | Hits: 70
Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
.... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210.......Ordinance No. I of 1985) asking the petitioner to show cause why the Managing Committee of the samity shall not be dissolved under section 22(4) for mismanagement, misappropriation of money, abuse of power and deÂstruction of financial position of the society and a new Managing Committee shall not ......perative Division, Ministry of Local Government, Dhaka & others........................Respondents Judgment January 25, 1989. Result: The Rule Nisi is made absolute. Cases Referred to- Md. Khair Ahmed Vs. Bangladesh, 40 DLR 353; 31 DLR (AD) 152; Government of the People's Rep...... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210...Category: Civil Law | Date: | Hits: 87
....tioner may avail of any other alternative remedy as advised.
The Rule is, therefore, discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 193.
...... to be of no legal effect.
10. We find that Section 7 of the Ordinance can give the petitioner exactly the remedy which she is praying for here. The Court of Settlement has been given the specific power to exclude the disputed property from the list (a). The petitioner has been given a specific r......Âdesh represented by the SecreÂtary, Ministry of Works, Dhaka & others.......................Respondents
Judgment
February 13, 1989.
Result:
The Rule is discharged.
Case Referred to-
Kohinoor Mercantile Corporation Vs. Hazera Khatun, PLD 1963 238.
Lawyers Involved:
H.R.......tioner may avail of any other alternative remedy as advised.
The Rule is, therefore, discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 193.
..
Category: Property Law | Date: | Hits: 171
Shahabuddin Ahmed Vs. Upazila Election Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ......tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ...... Vs. Upazila Election Officer, Bakerganj & others.................................Oppsite Parties Judgment November 23, 1988. Result: The Rule is made absolute. Cases Referred to- Nakimuddin Sana Vs. Sonaulla Biswas, 5 DLR 89; Karim Gul Vs. Shahzad Gul, PLD 1968 (Peshawa......34, Mr. Hemayetuddin Ahmed, the learned Advocate for the opposite party No.1 and 4 on the other hand submits that in absence of any formal defect there was no scope for the learned Assistant Judge to grant the plaintiffs prayer for permission arid as such it cannot be said that the learned Judge has..Category: Election Law | Date: | Hits: 152
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, DhaÂka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ......unÂless a complaint is made by the judicial officer before whom the false statement is made. But in the matter of defamation the Magistrate on his own authority cannot take any initiative. He has no power to say that a person should be proseÂcuted for defamation because he has made a deÂfamatory ........................Petitioner Vs. Shah Alam & others..............................Opposite Parties Judgment January 23, 1989. Result: The Rule is made absolute. Cases Referred to- Sukra Mahto Vs. Basudeo Kumar Mahto and another, AIR 1971 (SC) 1567; Ayeasha Bi Vs. Pear Khan......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, DhaÂka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ..Category: Criminal Law | Date: | Hits: 77
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
.... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ......spondent No.1, submitted, on the other hand, that this is not a mere question of revocability of the contract which is not to be specifically enforced but it is a question of an arbitrary exercise of power by the Government authority in exercise of the sovereign power of the State in the Ministry of......ailway Division, People's Republic of Bangladesh and others……………Appellants Vs. Md. Ferozur Rahman & ors…………….Respondents Judgment March 20, 1991. Cases Referred to- Dominion of India Vs. RB Sohan Lal, AIR 1950 (East Punjab) 40; MA Naser Vs. Chairman PE Railw...... further submitted that the Court below has not taken into consideration the fact that in view of section 56(f) of the Specific Relief Act read with section 21(f) of the said Act no injunction can be granted in this sort of matter when the matter concerns a licence which is by nature revocable. He h..Category: Civil Law | Date: | Hits: 72
Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ......ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ......itioner. Vs. Upazila Education Officer, Bakerganj & ors.................................Opp. Parties. Judgment Nov 23, 1988. Result: The Rule is made absolute. Cases Referred to- Nakimuddin Sana Vs. Sonaulla Biswas, 5 DLR 89; Karim Gul Vs. Shahzad Gul, PLD 1968 Peshawar,......34. Mr. Hemayetuddin Ahmed, the learned Advocate for the opposite party No.1 and 4 on the other hand submits that in absence of any formal defect there was no scope for the learned Assistant Judge to grant the plaintiffs prayer for permission and as such it cannot be said that the learned Judge has ..Category: Election Law | Date: | Hits: 206
....e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
......that the phrase embodies the cardinal princiÂples of due process as understood in the AmeriÂcan Constitution. Considered in this sense, an action which is mala fide, colorable exercise of statutory powers, action taken upon extraneous or irrelevant considerations, and action taken upon no ground f......
Secretary, Ministry of Home Affairs, Government of Bangladesh & others...............Opposite Parties
Judgment
August 28, 1988.
Result:
The Rule is made absolute.
Cases Referred to-
Abdul Latif Mirza, 31 DLR (AD) 1; Malik Gholam Gilani, 19 DLR (SC) 403; Begum Shorish Kashm......upto 2.7.88 for interrogaÂtion and investigation. The Chief Metropolitan Magistrate rejected the prayer of the detenu for bail on 7.7.88 and 10.7.88. On 6.8.88 the Sessions Judge, Dhaka passed order granting bail to the detenu on furnishing cash security of Tk.50,000/- and further surety of Taka 50..
Category: Criminal Law | Date: | Hits: 108
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
.... for copy is made. Where an appeal is filed without a copy of the judgment appealed against there cannot be any scope for calculating the period of limitation and therefore, Court cannot exercise its discretionary power to condone the delay under section 5 of the Limitation Act. The law of limitatio......erintendent's business to procure and forward a copy applied for and to arrange that this should be done, The District Magistrate who is in overall supervision and control of the jails in exercise of powers under Chapter III, section V of the Jail Code, on the request of the superintendent of jail, ......etitioner Vs. State ........................................... Respondents Judgment June 19, 2004 Result: The appeals are dismissed. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney General ‑ For the State. Jail Appeals No. 1483 of 1992 with 1449, 2230, 2098, 1696, 1302......on. Sections 599, 600, 603, 604 and 605 of the Jail Code are relevant for our consideration, which are reproduced as follows: "599. Every convict desiring to appeal and entitled to do so, shall be granted every reasonable facility for the purpose, and his request shall be promptly attended to, wh..Category: Criminal Law | Date: | Hits: 73
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......ar J Ayub Ali (Md) ... .................Petitioner Vs. Abdul Khaleque.……….........Opposite Parties Judgment July 28, 2004. Result: The Rule is discharged. Cases Referred to- Abdullah‑Al‑Mahmud @ Ripon Vs. State, 6 MLR (AD) 259; Alamgir Hossain (Md) alias Alamgir ......e punishable under the aforesaid section of law to which he pleaded not guilty and claimed to be tried in accordance with law. 4. Subsequent events show that the convict petitioner who was earlier granted bail by the learned Sessions Judge, Chittagong, in Criminal Miscellaneous Case No. 2281 of 1..Category: Criminal Law | Date: | Hits: 87
Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)
....e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281.......ll not in any way entitle the said Court to disregard the spirit of section 526 of the Code. Learned Assistant Attorney General shows from the said Ain that the presiding officer of the Court had the power to grant 3 days' time to the party in such regard to bring stay order from Superior Court, but....... Opposite Party Judgment January 13, 2004. Result: The Rule is made absolute. Lawyers Involved: Rana Kawser, Advocate ‑ For the Petitioner. ABM Waliur Rahman Khan, Assistant Attorney General with Shamima Ara Dura, Assistant Attorney General ‑ For the Opposite Party. Cr......He, of course, submits that upon information to the Court that the accused will move an application under section 526 of the Code before the High Court Division, Court below should have in normal way granted adjournment to facilitate the party concerned move such petition. He contends that rejection..Category: Criminal Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......s, 1973 were framed by the Inspector General of Registration, Bangladesh under section 69 of the Registration Act, 1908; the said section vested the Inspector General of Registration with the general power of superintendence over all registration officers and to make rules consistent with the Act on......For the petitioner. Md Salahuddin, Advocate ‑ For the opposite party. Civil Revision No. 3537 of 1995 Judgment MA Wahhab Miah J. - This Rule was issued calling upon opposite party No. 1 to show cause as to why the judgment and decree dated 10‑08‑94 passed by the Subordinate Judge, ......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ..Category: Property Law | Date: | Hits: 80
Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
....ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ......lls for Court's scrutiny, but the learned Advocate could not point out in this case where the authority did not apply their mind, rather in the said cited decision it has been held that the employers power to discharge an employee from service cannot be questioned. He also cited the case of Banglade......in............... Petitioner Vs. Mir Kashem Bahumukhi High School and others...............Opposite Parties Judgment March 15, 2004 Result: The Rule is discharged. Cases Referred to- SE Kabir Vs. Spencer & Co, (Pak) Ltd and others, 21 DLR 581; Abdul Majid Vs. Bata Shoe Co......with Babu Anil Chakraborty on 23‑07‑1996. Earlier, he took away the wood, tin and fencing of the school for which previously there was proceeding against him and he begged mercy and the authority granted him pardon. Due to his misconduct an inquiry committee was formed to inquire into the allega..Category: Employment/Service Law | Date: | Hits: 96
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
....rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......editiously. Similarly, Mr. Khan Saifur Rahman, on behalf of defendant-respondent No. 2, submitted that the plaintiff received Taka 69,45,548 in excess. 17. He submitted that the Court was not empowered to grant a mandatory injunction for payment of money. In support, he cited Water Development......J MR Trading Co……………Appellant Vs. Superintendent Engineer and others……………Respondents Judgment June 29, 2004 Result: The appeal is dismissed. Cases Referred to- Water Development Board Vs. Shamsul Huq, 51 DLR (AD) 169; Aftabuddin Vs. Mahfuzus Sobhan and ...... plaintiff came to Taka 20,22,35,625.10 and the plaintiff received Taka 17,35,48,284. The plaintiff was therefore entitled to Taka 2,86,87,341. He submitted that unless a mandatory injunction be granted directing the defendants to pay said amount of Taka 2,86,87,341 the plaintiff would be ruine..Category: Civil Law | Date: | Hits: 73
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......Advocates of both the parties it is necessary to quote the relevant provisions of the Hindu Law, namely, sections 181A and 181B. "181. Alienations by widow.‑ A widow or other limited heir has no power to alienate the estate inherited by her from the deceased owner except for the following purpo......rooqui with AM Ruhul Quddus, Advocates - For the Opposite Parties. Civil Revision No. 2608 of 1991. Judgment MA Wahhab Miah J. -This Rule was issued calling upon opposite parties Nos. 1‑3 to show cause as to why the judgment and decree dated 26‑5‑1991 passed by the Subordinate Judge,......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468...Category: Property Law | Date: | Hits: 65
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