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AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)

....onsideration money from defendant No.1 and executed an agreement for sale in favour of, defendant No.2. Abdul Khaleque Dhali appointed defendant No.1 as his constituted Attorney by giving him all the powers of transfer. Abdul Khaleque Dhali applied to the authority twice for permission to transfer t......other..................Petitioners Vs. AKM Mostafa Kamaluddin and others.............Opposite Parties Judgment March 22, 2001. Result: The Rule is made absolute without any order as to costs. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order VII rule 11(c)(d) The v...... application was rejected earlier. Had the learned Assistant Judge rejected the applications for rejection of plaint by giving reasons as to the question of valuation, the impugned order could not be called in question in this Rule. The question of valuation and the court-fee raised by the defendant......e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29. ..

Category: Civil Law | Date: | Hits: 68

Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)

....porary basis in the year 1998 but till today neither of them get license on regular basis. An apprehension that the area under their jurisdiction may be curtailed by the Government in exercise of the power given to the Government under second proviso to section 4 of the Muslim Marriages and Divorces......que J Zinat Ara J Wahiduzzaman (Md.)……………….........Petitioner Vs. Government of Bangladesh & others.............Respondents Judgment May 13, 2003. Cases Referred to- Abdul Ala Moududi Vs. Government of West Pakistan, 17 DLR (SC) 209; Waris Mea Vs. State, 9 DL......or the Petitioner. Zaman Akter Assistant Attorney-General-For the Respondents. Writ Petition Nos. 553 of 2003 with 7936 of 2002. Judgment Md. Hamidul Haque J.- These Rule were issued calling upon the respondents to show cause as to why the second proviso to section 4 of the Muslim M...... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ..

Category: Civil Law | Date: | Hits: 79

Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)

.... making out a case against the accused; they should not be compelled to face the trial which amounts to abuse of the process of the court and the same is also to be prevented by invoking the inherent power under section 561A of the Code of Criminal Procedure. 21. Taking this view into considerati......ate………………………………………………..Opposite Party Judgment November 1, 2004. Lawyers Involved: None appears-For the Petitioners. Md. Afsar Hossain, Assistant Attorney-General-For the Opposite Party. Criminal Miscellaneous Case No. 2123 of 1995. Judgment ......itioners. Md. Afsar Hossain, Assistant Attorney-General-For the Opposite Party. Criminal Miscellaneous Case No. 2123 of 1995. Judgment Farah Mahbub J.- By this Rule the opposite party was called upon to show cause as to why the proceeding in Special Case No. 29 of 1994 arising out of GR ......rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ..

Category: Criminal Law | Date: | Hits: 85

Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)

....time mentioned in Clause (a) of Article 67 of the Constitution. There is nothing in this sub-rule which shows that the Speaker may determine whether a member has vacated his seat or not. Speaker is empowered to inform the House only if he finds that a particular member has vacated his seat, the Secr......n, Umme Kulsum Rekha and MBI Munshi, Advocates ‑ For the Petitioner. M Amirul Islam with Shafique Ahmed & Fazlur Rahman Khan, Advocates ‑ For Respondent No, 3. Zaman Akhtar, Assistant Attorney General ‑ For Respondent Nos.1 and 2. Writ Petition No. 985 of 2002. Judgment Md. ......ates ‑ For Respondent No, 3. Zaman Akhtar, Assistant Attorney General ‑ For Respondent Nos.1 and 2. Writ Petition No. 985 of 2002. Judgment Md. Hamidul Haque J. - This Rule was issued calling upon the respondent Nos, 1‑3 to show cause as to why the respondent No, 3 should not be de......r proper appreciation of the argument of both the parties. "67. (1) A Member of Parliament shall vacate his seat‑ (a) if he fails, within the period of ninety days from the date of the first meeting of Parliament after his election, to make and subscribe the oath or affirmation prescribed f..

Category: Constitutional Law | Date: | Hits: 242

Hafez (Md.) Bazlur Rahman and others Vs. Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 2004, 33 CLC (HCD)

....ages and Divorces (Registration) Act, 1974 is violation of Articles 27 and 31 of the Constitution of the People's Republic of Bangladesh inasmuch as it gives an arbitrary, unfettered and unreasonable power to the Government to curtail the area of a Nikah Registrar without following any procedure and......inistry of Law, Justice and Parliamentary Affairs and others ......……………......Respondents Judgment January 10, 2004. Result: The Writ Petitions are discharged. Cases Referred to- Dr Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201; Writ Petition No. 553 of 2003 with Writ Petit......vorces Registration Act, 1974 is as follows: "4. Nikah Registrars.- For the purpose of Registration of marriage under this Act, the Government shall grant licenses to such number of persons, to be called Nikah Registrars, as it may deem necessary for such areas as it may specify: Provided tha......2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 444...

Category: Civil Law | Date: | Hits: 70

Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)

....erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ......��……..Respondents Judgment January 7, 2004. Result: The Rule is made absolute. Lawyers Involved: Md. Kamruzzaman, Advocate- For the Petitioner. Abdus Samad Kamal, Assistant Attorney General with Farah Mahboob Assistant Attorney General ‑ For the Respondents. Writ Petiti......h Mahboob Assistant Attorney General ‑ For the Respondents. Writ Petition No. 3397 of 2001. Judgment ABM Khairul Haque J. - This Rule Nisi was issued at the instance of one Md Abdus Salam, calling upon the University of Rajshahi and others to show cause as to why the order of dismissal (A......ommittee was formed vide Memo No, 4/2‑1(97‑98)/2715 Sha:Sha: dated 12‑10‑1998, to enquire into the allegations against the petitioner and, in consideration of the report, the Syndicate in its meeting held on 27/28‑8‑2000, by its resolution No. 127, formed a 5 (five) members enquiry commi..

Category: Employment/Service Law | Date: | Hits: 60

Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)

....ellate Division. We do not find the decision on this point, arrived at by the Election Commission, to be of any malice or mala fide but within jurisdiction. 10. For its supervisory and controlling power, the Election Commission has overall control in election matters and shall be competent to cor......……Petitioner Vs. Chief Election Commissioner and others…………………………Respondents Judgment December 1, 1992. Result: The petition is rejected. Cases Referred to- Sheikh Abdus Sabur Vs. Returning Officer, 41 DLR (AD) 30; Mehinder Singh Gill Vs. Chief Elect...... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ...... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ..

Category: Election Law | Date: | Hits: 153

Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....in functions of the kingdom were fused in the Sovereign. Besides, the King as the Defender of the Faith is the head of the Church of England also with the start of democratic process, by and by, such powers and functions are being exercised by the Ministers of the Sovereign but elected by the people......��……………….Petitioner Vs. Government of Bangladesh and others………………..Respondents Judgment June 13, 2004. Result: The Rule is made absolute. Cases Referred to- Col. Md. Hashmat Ali (Retd) of Bangladesh Army Medical Corps Vs. Bangladesh, 47 DLR (AD) 1; L......ey-General-For the Respondents. Writ Petition No. 3364 of 2003. Judgment ABM Khairul Haque J.- The Rule: This Rule Nisi was issued at the instance of Air Marshal Jamaludd in Ahmed (Retd) calling upon Bangladesh, represented by the Secretary, Ministry of Defence, Government of the People......om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ..

Category: Employment/Service Law | Date: | Hits: 148

Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)

....n by the Generator and Direct Drive. The main generator ceased to function on 15‑9‑1998 and information was made to the respondent by letter dated 16‑9‑1998. The Cold Storage remained without power for over 24 hours. The regular power supply was restored on 16‑9‑1999. Thereafter, when th...... terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......resist the prayer of the petitioner for winding up the company and denying the material allegations, the respondent has stated that the petition has been filed as a pressure tactics to recover the so-called dues which is highly disputed by the respondent Company. It has been stated that the responde......ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ..

Category: Company Law | Date: | Hits: 168

Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)

.... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ......ner Vs. AKM Imam Hossain and others……………………………………………….Opposite Parties Judgment August 4, 1996. Result: The Rule is discharged. Cases Referred to- S Sibtain Fazli Vs. Star Film Distributors and another 14 DLR 307; Shiv Dayal Kapoor and othe...... Courts below have committed an error of law and of fact in passing the decree for recovery of arrear rent. The learned Counsel argued that the Court cannot grant any relief which has not been specifically asked for in the plaint and, as such, this part of the decree is not sustainable in law. In th...... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ..

Category: Property Law | Date: | Hits: 65

Syed Khalilulla Salik alias Juned Vs. Haji Md. Rahmat Ullah, 1995, 24 CLC (HCD)

....ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ......al Revision No.3149 of 1991 (Dhaka) Judgment Md. Badruzzaman J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite parties to show cause as to why the proceeding of CR Case No.224 of 1988 pending in the Court of Magistrate,...... No.114 of 1988 (Sylhet) Criminal Revision No.3149 of 1991 (Dhaka) Judgment Md. Badruzzaman J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite parties to show cause as to why the proceeding of CR Case No.224 of 1988 p......ue Committee and the accused petitioner was the Secretary of that committee. On 18‑8‑88 at about 8‑00 PM the accused petitioner came to the house of the complainant and on the plea of holding a meeting of the mosque committee on 28‑8‑88 took his signature on a white paper but no meeting wa..

Category: Constitutional Law | Date: | Hits: 169

Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)

....l Huq has given much stress on Article 66(2A) which was amended at different times in order to suit the situation and to and to meet the situation as it was necessary for the persons who were holding power of this country at the relevant time. He further submits that this inclusion and exclusion cla...........................petitioner Vs. Justice Shahabuddin Ahmed and others......................Respondents Judgment August 19, 1996. Result: The Rule is discharged. Cases Referred to- Farid Mia Vs. Md. Amjad, 42 DLR (AD), 13; Wares Miah Vs. The People's Republic of Bangladesh,...... Advocates‑For Respondent No.2 Dr. Kamal Hossain, Rafiq‑ul Huq and Mainul Hosein‑Amicus Curiae. Writ Petition No. 3067 of 1996. Judgment Md. Mozammel Hoque J. - This Rule was issued calling upon the Respondents to show cause as to under what authority of law the declaration of the ...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ..

Category: Constitutional Law | Date: | Hits: 200

Ripon Howlader Vs. State, 2009, 38 CLC (AD)

....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715.......smissed. Lawyers Involved: S.M. Shahjahan, Advocate instructed by Md. Abu Siddique, Advocate-on-Record-For the Petitioner. None Represented-For the Respondent. Criminal Petition for Leave to Appeal No.298 of 2008. (From the judgment and order dated the 20th and 23rd days of March, 200......ing the investigation and accordingly prepared the seizure list of those materials but the prosecution did not produce those seized materials before the pitch and such non-production of these alamats call in question the veracity of the prosecution and such withholding of those materials to be produ......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715...

Category: Criminal Law | Date: | Hits: 81

Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)

.... that the suit land belonged to Bepin Bihari Datta Who transferred the same to Dilip Kumar Roy by way of lease on 13.12.1954 for 20 (twenty) years. Subsequently, Dilip Kumar Roy most illegally gave a power of attorney to one Kawsar Uddin on 17.05.1956 to look after the property. On the basis of the ......Petitioners Vs. Monwarul Alam and others................................Respondents Order May 9, 2011. Result: Leave is granted. Lawyers Involved: B. D. Chakrobarty, Deputy Attorney-General instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Quamrul Haque Si......to get any relief in the suit and as such, the learned Judge of the High Court Division erred in law in affirming the judgment and decree passed by the appellate Court and, therefore, interference is called for with the impugned judgment and order by granting leave by this Court. 11. Mr. Quamrul......rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ..

Category: Property Law | Date: | Hits: 54

Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....he DIT on 3.9.77. On 11.10.1995 the wife of the petitioner transferred the said piece of land to her son and daughter who duly authorised the petitioner to represent their case by executing a general power of attorney on 6.1.96 (Annexure A2, A3 and A4 respectively). It has been alleged by the petiti......rs….................Petitioners Vs. Bangladesh and others…….........................Respondents. Judgment November 15, 2007. Result: The Rule is discharged. Cases Referred to- Sharif Nurul Ambia vs. Deputy Commissioner and others, 58 DLR (AD) 253, M Saleem Ullah, Advoc...... Talukder- For the Respondent nos. 2 & 4. Writ Petition No. 1534 of 1999. Judgment Farah Mahbub J.- In this application under Article 102 of the Constitution a Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned action of RAJUK publishing auction......he southern part of plot nos. 37 and 38 for construction of cinema hall and for which a vacant space was kept for car park in the southern part of plot nos. 34, 35 and 36. Later, RAJUK in its general meeting held on 16.10.1991 revised the said lay out plan and divided the said plot into commercial p..

Category: Property Law | Date: | Hits: 135

Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)

....nal court. 6. Now let me consider the contentions raised by the learned Advocate. From perusal of the impugned order, it appears that the learned Assistant Judge made this order in exercise of his power under section 151 CPC. The learned Assistant Judge while making the order also found that the ......greement executed by Murad Hossain, a partner of the Mitali Shipping Lines and Abu Baker Bhuiyan, the opposite party No.1 on 14.8.87 the vessel was given on a monthly charter with effect from 14.8.87 to the opposite party No.1 for one year. According to the terms of agreement, the opposite party No....... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ...... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ..

Category: Civil Law | Date: | Hits: 97

Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)

....bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......��……………..Appellant Vs. The State....................Respondent Judgment February 12, 1991. Result: The appeal is dismissed with modification of sentence. Cases Referred to- 21 DLR 575; 1968 Pak. SCMR 993; PLD 1976 Kar. 438; 40 DLR 443; PLD 1968 Lah. 49; 38 DLR (AD) ......y met accused Nazimuddin and there they charged him with the allegations of theft of their wrist watch. At this, there was exchange of hot words and altercations started among them. Thereupon, on the call of the accused Nazimuddin, his brother, uncle and others rushed to the place of occurrence and ......bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ..

Category: Criminal Law | Date: | Hits: 73

ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)

....ot sustainable in law. 9. Mr. Shamsul Alam, the learned Deputy Attorney‑General, also submitted quite a lengthy argument. It is his submission that in the instant case accused ASM Abdur Rob is a powerful person as in spite of specific allegation in the FIR and also in die second FIR that two mu.......Opposite Party Judgment August 29, 1991. Result: The Rule is discharged. Lawyers Involved: Sirajul Huq with Ahmed Ali, Advocates ‑ For the Petitioner. M Shamsul Alam, Deputy Attorney‑General with SA Hasan, Assistant Attorney‑General ‑ For the State. Criminal Miscella...... he shall not be so released if there appears reasonable grounds for believing that he has been guilty of an offence punishable with death or transportation for life." 12. A murder if proved would call for a punishment of death or imprisonment for life. In granting bail the court, however, shall ...... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205...

Category: Criminal Law | Date: | Hits: 85

Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)

.... was upheld by the Appellate Division which has been reported in 30 DLR (AD) page 10 1 and in that decision of their Lordships of the Appellate Division confirmed the view taken further held that the power regarding the formation of the opinion cannot be delegated to other Government officials. Thei......ment of Bangladesh, 27 DLR 170 & 30 DLR (AD) 101. Lawyers Involved: Habibul Islam Bhuiyan with MA Wahab Mia & Abul Hashem, Advocates ‑ For the Petitioner. Fakrul Islam, Assistant Attorney‑General and Dr. Delwar Hossain, AAG ‑ For the Respondent No.2. Writ Petition No.276 of......n No.276 of 1987. Judgment Syed Fazle Ahmed J.- At the instance of the petitioner Halima Bibi a Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the Respondents to show cause why the judgment and order dated 9.5.87 passed by the Cou......o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197...

Category: Property Law | Date: | Hits: 64

Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)

....d from office other than in the manner as prescribed under the said Ordinance. In order to politicize as well as to have a party grip over & local administration and in order to exercise those powers through a party oriented man and party oriented bureaucracy the impugned ordinance was pass......), Government of Bangladesh, Bangladesh Secretariat, Dhaka and others……………………..Respondents Judgment December 19, 1991. Result: The Rules are discharged. Cases Referred to- Anwar Hussain Chowdhury Vs. State, 1989 BLD (Spl.) page 1; Kesavananda Vs. State of Kerala, A......ey‑General & Syed Mokaddas Ali, Assistant Attorney‑General - For the Respondents. Writ Petition Nos. 2937, 2944, 2945 and 3002 of 1991. Judgment Md. Abdul Jalil J.- All these Rules call in question that vires of the Local Government (Upazila Parishad and Upazila Administration Re......1982 in the President was satisfied that the circumstances existed which rendered immediate action necessary to make and promulgate the impugned Ordinance. The matter was considered in the Cabinet meeting which took decision for repeal of the Ordinance. The impugned Ordinance is required to be p..

Category: Constitutional Law | Date: | Hits: 461

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