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Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....of the petitioner’s application and other relevant papers, by Memo No.620-Justice-72N/27/86 dated 16-11-89 granted permanent licence to the petitioner for holding the office of Nikah Registrar with power to register the marriages and divorces within the area comprising Kalai, Zindapur, Punat, Uday......rliamentary Affairs, Government of the People’s Republic of Bangladesh and others……………Respondents Judgment August 20, 1997. Result: The Rules are discharged. Cases Referred to- Bangladesh Small Industries Corporation Limited Vs. Mokbul Hossain Chowdhury, 29 DLR (SC) 41;......ve been heard together and are disposed of by this judgment as common question of law and similar facts are involved in all the three cases. 2. The Nisi was issued in Writ Petition No.1840 of 1994 calling upon the respondents to show cause as to why the impugned Memo No. 648-Justice-7/2N-98/80 da......on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ..Category: Civil Law | Date: | Hits: 90
Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)
....e prayer for temporary injunction as well as mandatory injunction and, as such, the same is liable to be set aside by this Court. The learned Advocate further submits that the Managing Committee is empowered under Regulation No.18 of the managing committee of the Recognized Non-government Secondary ...... - For the Petitioners. H N Nandi, Advocate - For the Opposite Party. Civil Revision No. 3897 of 1996. Judgment Syed Amirul Islam J.- This Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 13-11-96 passed by the learned Additional District ......olved: Shamsul Huda, Advocate - For the Petitioners. H N Nandi, Advocate - For the Opposite Party. Civil Revision No. 3897 of 1996. Judgment Syed Amirul Islam J.- This Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 13-11-96 passed by ......ith Mr. Abdul Saki Mondal, Chairman of the Sonatala Union Parishad and, as such, charge drawn against her for committing various kinds of misconduct and illegal acts and the Managing Committee in its meeting held on 17-8-96 decided to put her under suspension and three member inquiry committee has b..Category: Employment/Service Law | Date: | Hits: 101
GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)
....6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122.......of the applications has been filed in Admiralty Suit No.33 of 1995 and the other one in Admiralty Suit No.13 of 1996. 3. Both the applications have arisen out of the same incident, have been heard together and shall be disposed of by this judgment. 4. The vessel MV Mauro D'Alesio and the vesse......nd the signal that the vessel was not under command were duly displayed. At that time the vessel Mauro D'Alesio was found about one mile away, approaching to pick up the pilot. The vessel immediately called MVMauro D'Alesio on the VHF channel reporting that MV Hawai Splendour was not under command a......6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122...Category: Admiralty Law or Maritime Law | Date: | Hits: 353
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....ed to notice that although the appeal may be incompetent owing to the wrong person being named as respondent but the Court which deals with it is acting in a proceeding in a suit and as such has full power under section 153 of the Code of Civil Procedure to direct an amendment of the memorandum of a......…….Petitioner Vs. Mutaleb and others…………………………………...Opposite Parties Judgment January 18, 1996. Result: The Rules are made absolute. Cases Referred to- Hali Mandal and another Vs. Khirode Bala Debya, 12 DLR 74; Labbu Ram; Anantalal Daga and othe......, Advocates‑For the Opposite Parties. Civil Revision No.10054 of 1991 with Civil Revision No.10025 of 1991. Judgment MM Ruhul Amin J.- In both the Civil Revisions Rules were issued calling upon the opposite parties to show cause as to why the impugned judgment and order dated 12â€......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118...Category: Procedural Law | Date: | Hits: 70
....ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
......t:
Kazi Ebadul Hoque J
Amirul Kabir Chowdhury J
Masum Ikbal (Md.)……………………………………………………………………………………….Petitioner
Vs.
Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangladesh Engine......95.
Judgment
Kazi Ebadul Hoque J.- This Rule was issued on 12‑9‑95 at the instance of the Petitioner Md. Masum lqbal, a student of Bangladesh University of Engineering and Technology (BUET) calling upon the respondents, Director of Students Welfare and Member‑Secretary, Vice Chancellor a......nce and Discipline of BUET sent a notice to the petitioner informing him that the report of the Chief Invigilator about his adopting unfairness in the examination on 8-8-95 would be considered in the meeting of the Board on 13-8-95 at 3-00 PM in the office room of the Vice Chancellor in a meeting of..
Category: Civil Law | Date: | Hits: 85
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....t was directed in this summons that the accused petitioner was to appear either in person or through the lawyer before the learned magistrate on 5-9-1993. Thereafter, the petitioner as alleged duly empowered an Advocate of the High Court Division of the Supreme Court of Bangladesh to go to Gopalgonj......¦â€¦â€¦â€¦â€¦..Petitioner Vs State and another……………………………………Opposite Parties Judgment August 1, 1994. Result: The Rule is disposed of. Cases Referred to- Dr. Muzzammel Huq Chowdhury Vs. Chief Martial Law Adminstrator and others, 32 DLR (AD) 100; E......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ..Category: Criminal Law | Date: | Hits: 70
Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)
....m the reading of the FIR we find that the name of the petitioner No.3 does not appear therein. Now the law is settled by several judicial pronouncements of this Court that in exercise of its inherent power under section 561A of the Code this Court can interfere when the complaints do not constitute ...... State……………………………………………………………………………Opposite Party Judgment January 29, 1996. Result: The Rule in made absolute. Case Referred to- Abut Basher Vs. State 47 DLR 521. Lawyers Involved: Md. Delear Hossain, Advocate-For th......in, Advocate-For the Petitioners. Syed Abu Kowsar, Assistant Attorney-General-For the State. Criminal Miscellaneous Case No. 845 of 1995. Judgment Mahfuzur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause why the proceeding being Special Case No.1......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ..Category: Criminal Law | Date: | Hits: 105
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....he owner of the other property and the other three brothers became owners of the suit property. The 3 brothers subsequently exchanged their property with one Abdus Sattar and others by way of general power of attorney executed on 17‑4‑64 which was regularised by way of a registered deed of excha......……………….Petitioner Vs. Arif Ahmed…………………………………………Opposite Party Judgment June 22, 1994 Result: The rule is discharged. Cases Referred to- Mohammad Salim Vs. Md. Siddick Jamal and others 22 DLR 841; Ahmed Shan Khan Vs. Abdul Barkat;......e Party. Civil Revision No. 1420 of 1992. Judgment Md. Sirajul Islam J. - This Rule at the instance of the defendantÂ-petitioner under section 25 of the Small Cause Courts Act was issued calling upon the plaintiff-opposite party to show cause as to why the judgment and order dated 19‑......order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89...Category: Property Law | Date: | Hits: 59
Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)
.... 1973 since reported in (1979) 31 DLR 169 had considered the aforesaid decision in 26 DLR 491 and the majority view is that decision was not the correct law and further held that in case of emergency power has been conÂferred upon the Magistrate to attach the disÂputed properties and appoint recei......rul Haider Chowdhury J Md. Shamsul Alam…………………Petitioner Vs. Kanak Chandra Shome and another……………………Respondents Judgment June 14, 1978. Cases Referred to- Fazlul Karim Vs. Abdus Sobhan, 26 DLR 291; (1979) 31 DLR 169; 26 DLR 491. Lawyers Involved...... No exception can therefore, be taken. The learned Magistrate had directed that the proceedings will continue and that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) ......nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150...Category: Criminal Law | Date: | Hits: 69
....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......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.
......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.
..
Category: Criminal Law | Date: | Hits: 103
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....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,......d movable properties of Tk.8,48,25,503/- in his name, that is, in total movable and immovable properties of Tk. 10,67,81,643.75, but he did not describe the assets and assess the value thereof specifically and properly. Though he had an outstanding amount of Tk. 1,77,376.81 from the accounts of East......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
....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....... the legal proceedings which are sought to be stayed must relate a dispute which the parties have agreed to refer to arbitration. Of the conditions set out in section 34 of the Act, the question that calls our attention is the fourth condition, namely, whether the suit is in respect of a dispute agr...... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
....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......h has been filed by one Mosammat Siria Begum seeking an orÂder for the release of her husband Md. Ofazuddin DeÂwan from detention. 2. On the application of the petitioner a Rule Nisi was issued calling upon the respondents to show cause why the detenu Md. Ofazuddin Dewan of Goshala Bazar (Tuma......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
Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....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......l - For the Respondent No.1. Writ Petition No. 293 of 1986. Judgment Mustafa Kamal J.- This Rule Nisi obÂtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the reÂspondents to show cause why the impugned order beÂing Memo. No. Sec. 1/18-56/86/...... Tk. 51,300/- as share money. The samity has constructed shops, buildings, roads and approaches to a market. The petitioner was elected as the Chairman of the Managing Committee in the annual general meeting held on 6.4.84 consisting of 18 members. The next annual general meeting of the samity was h..Category: Civil Law | Date: | Hits: 87
.... 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.......cate - For the ReÂspondents.
Writ Petition No. 316 of 1986.
Judgment
Mustafa Kamal J.- This Rule Nisi obÂtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the reÂspondents to show cause as to why the impugned notification dated 28.4.86 (Annexu......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
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....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...... No.1 and others being Case No. 454A-1/80 on 23.6.80. Learned Chief Metropolitan Magistrate did not admit the petition nor examined the petitioner, it is alleged, as "required under law but illegally called for the records of the case filed by the caretaker under section 107 of the Code of Criminal ......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
Abdul Majid Molla Vs. The Election Commission, Dhaka & others, 1989, 18 CLC (HCD)
....t any order as to costs. This judgment, however, will not prejudice the rights and remedies of the respondents in any other forum. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 178. ...... Mustafa Kamal J.- This Rule Nisi, at the instance of the petitioner, a contestant in the election of Chairman of Chouhat Union Parishad, Upazila Dhamrai, District Dhaka calls upon the reÂspondents to show cause why the impugned order (Annexure B) contained in a memo dated 2.4.88 purÂportedly pas......No. 33 of 1988. Judgment Mustafa Kamal J.- This Rule Nisi, at the instance of the petitioner, a contestant in the election of Chairman of Chouhat Union Parishad, Upazila Dhamrai, District Dhaka calls upon the reÂspondents to show cause why the impugned order (Annexure B) contained in a memo d......t any order as to costs. This judgment, however, will not prejudice the rights and remedies of the respondents in any other forum. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 178. ..Category: Election Law | Date: | Hits: 167
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
....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......tiaq Ahmed, the learned Counsel appearing for the plaintiff‑respondent 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...... 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. ..Category: Civil Law | Date: | Hits: 72
....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......Hussain Mohammad Habibur Rahman J.- This Rule was issued on 8.8.88 under section 491 of the Code of Criminal Procedure at the instance of the petitioner Dr. Md. Habibullah (next friend of the detenu) calling upon the Secretary, Ministry of Home Affairs and 4 others to show cause why the detenu Phili......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.
..
Category: Criminal Law | Date: | Hits: 108
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....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......dismisses the appeal summarily, it shall read the copy of the judgment and then, if there is no sufficient ground for interfering, it may dismiss it. If a convict prefers an appeal, it is not automatically admitted in the manner of an appeal preferred against a decree under section 96 of the Code of......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495...Category: Criminal Law | Date: | Hits: 73
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