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Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....aled J. - On an application under section 439 read with section 138 of the Code of Criminal Procedure, the Rule was issued calling upon the opposite parties to show cause as to why the impugned order dated 11-4-2007 passed by the learned Additional Metropolitan Sessions Judge, First Court, Chittagon......ntrol of the Garments Factory, which was agreed to be sold by an agreement in between the parties. The said Civil Suit is of such a nature that the present criminal proceeding is not dependent on the decision of that suit and it can be heard and disposed of independently. The proceeding under sectio..Category: Procedural Law | Date: | Hits: 128
....plication under Article 102(2)(a)(ii) of the Constitution this Rule at the instance of the petitioners was issued calling upon the respondents to show cause as to why the impugned order of retirement dated 18-3-2007 giving retrospective effect from 12-3-2007 as evidenced in Annexure-F to the petitio......equent show cause notice are ultra virus of the provisions of law in Act No. XII of 1974.
5. Mr. Chowdhury, on the point of maintainability of the writ petition, made his submissions based on some decisions of our apex Court. He referred to Bangladesh Vs. Shafiuddin Ahmed, 50 DLR (AD) 27; Banglad..
Category: Administrative Law | Date: | Hits: 494
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....diction of a Sub-Registrar, the Sub-Registrar has no jurisdiction to register the document and registration if executed will be fraud. In a case of fraud, the question of limitation will run from the date of knowledge and not from the date of execution of the disputed document………………..(8)......ained the present Rule. 5. Mr. Md. Hasan Ali, the learned Advocate appearing on behalf of the petitioners, submits that the Court of appeal below did not apply judicial mind and arrived at a wrong decision and the judgment and decree passed by it ate neither proper nor in accordance with law. He ..Category: Administrative Law | Date: | Hits: 452
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....Appeal at the instance of Md. Anwar Hossain under section 24 of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter referred to as 'the Ain') is directed against the judgment and order dated 19-7-2001 passed by the learned Judge, Nari-o-Shishu Nirjatan (Daman) Tribunal (hereinafter re...... probative force to testimony which in itself is insufficient to establish or to justify an inference of a particular fact. Suspicion, though a ground for scrutiny, cannot be made the foundation of a decision. The gravest suspicion against an accused will not suffice to convict him of the crime unle..Category: Criminal Law | Date: | Hits: 74
.... application under Article 102(2) (i) (ii) of the Constitution of the People's Republic of Bangladesh was filed by Mr. Abdul Kader Bhuiyan and 17 others challenging a notice of eviction (Annexure-P1) dated 7-2-2008. Challenging similar eviction notices three other writ petitions have been filed, nam......e 1948 Act. It is further stated that the validity of the notices were previously challenged in a number of writ petitions, which have in due course been discharged by the High Court Division and the decisions have been upheld by the Appellate Division. It is further stated that regarding the selfsa..
Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....titution, even though he is an elected representative. Because, at the end the legislature by deleting the provision, Explanation II from Article 12(1) of the PO 155 of 1972 vide gazette notification dated 8-8-2001 excluding "City Corporation" from the expression "statutory public authority" has cle......ng disposed of by this single judgment. 2. In these applications under Article 102 of the Constitution Rules Nisi have been issued calling upon the respondents to show cause as to why the impugned decision taken by the respondent No. 1 in its 174/2008 meeting and held on 17-11-2008 disqualifying ..Category: Constitutional Law | Date: | Hits: 466
....69 of 2009 the Rule Nisi was issued under the following terms:
3. Let a Rule Nisi issue calling upon the respondents to show cause as to why the notification No.বাম/টিও-1/1(19)/2008/07 dated 6.1.2009 permitting respondent No.5 to function or to engage in activities as a trade organiza......held, respondent No.2 under the signature of respondent No.3 issued a letter dated 26.11.2008 to the learned Advocate of respondent No.3 advising that the application was to be resubmitted as per the decision taken at the meeting. One of the decisions was to change the proposed name of the organizat..
Category: Others | Date: | Hits: 107
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
....he superintendence, direction and control of the commission, prepare for that electoral area in the prescribed manner a draft electoral roll containing the name of every person who, on the qualifying date, (a) is a citizen of Bangladesh; (b) is not less than eighteen years of age; (c) does ......The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ..Category: Constitutional Law | Date: | Hits: 386
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....eals are taken up together for disposal by a single judgment as the matters involved in the 2 appeals are intermingled. 2. First Appeal No.597 of 1999 is directed against the judgment and decree dated 29‑7‑99 passed by the 3rd Court of Subordinate Judge, Dhaka in Title Suit No.284 of 1993 m......tion in the appeal is whether the learned Subordinate Judge was justified in decreeing the suit on the basis of the evidence on record. 12. Findings and Decision In order to arrive at a proper decision in the case, it is necessary and expedient to scrutinise the material evidence on record. ..Category: Alternative Dispute Resolution | Date: | Hits: 543
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
.... No.2 (In Civil Revision No.1800 of 2004). Civil Revision Nos. 1800 and 2738 of 2004. Judgment Mir Hashmat Ali J.- The petitioner in the instant Rule challenged the Judgment and decree dated 18-1-2004 and 25-1-2004 respectively passed by learned Additional District Judge, First Court,......ties and considering the materials on record, the learned Assistant Judge, 2nd Court. Dhaka decreed the suit by his Judgment and decree dated 25-1-1997 and 5-2-1997. 9. Being aggrieved by the said decision, the defendant No.6 Mrs. Monowara Khatun preferred Title Appeal No.46 of 1997 before the Di..Category: Procedural Law | Date: | Hits: 137
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....plication under section 561A of the Code of Criminal Procedure calling upon the opposite-party to show cause as to why proceeding of GR No.129 of 2004 arising out of Lalbagh Police Station Case No.21 dated 24-5-2004 under sections 406/420 of the Penal Code, now pending in the Court of Chief Metropol......ns 406/420 of the Penal Code and, as such, the initiation or continuation of the impugned proceeding is an abuse of process of the Court. The learned Advocate in support of her submission relied on decisions in the cases of Abdul Rouf, 53 DLR 283 and Dewan Obaidur Rahman Vs. State, 19 BLD (AD) 128..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
....rieved by and dissatisfied with the said judgment and decree, the petitioner preferred Family Appeal No.01 of 1989 before the Family Appellate Court and District Judge, Shariatpur who by his judgment dated 16-8-90 affirmed the decree with certain modifications that the defendant petitioner shall pay......Family Courts Ordinance. 7. It appears that the Rule was issued by a Single Bench which on 18-1-1995 referred the matter to the Hon’ble Chief Justice for constituting a Special Bench for a final decision by the High Court Division in the matter of applicability of the Family Courts Ordinance to..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....Dinajpur Kotwali Police Station on 26.11.1991 in respect of the stab incident administered on his son Ajoy Kumar Roy. First Information Report led to registration of Kotwali Police Station Case No.23 dated 26.11.1991. 8. In the First Information Report Informant brought to light version that he b......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....ule Nisi was issued calling upon the respondents to show cause why the respondents should not be directed to implement the recommendation made by the Sick Industries Rehabilitation Cell in its report dated 25-8-1992 (Annexure- 'E'-3 to the writ petition) and rehabilitate the petitioner's sick indust......ণের অনুমোদন। যা পরবর্তীতে ঋণগ্রহীতা ষ্টকদ্বারা পরিপূর্ন করবেন। 5. The aforesaid Board decision was communicated to the writ petitioner by the Bank letter dated 20-7-1993 but petitioner n..Category: Constitutional Law | Date: | Hits: 334
Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)
....gal leg to stand and decision demands overthrow. 10. Resultantly, this Criminal Appeal got merit and it succeeds Criminal Appeal No.3382 of 2003 stands allowed. Judgment of conviction and sentence dated 07-08-2003 recorded by Druto Bichar Tribunal No.2, Dhaka in Druto Bichar Tribunal Case No.17 o......uto Bichar Tribunal in awarding conviction and sentence upon convict-appellant on finding him guilty of the offence punishable under section 19A of the Arms Act cannot have any legal leg to stand and decision demands overthrow. 10. Resultantly, this Criminal Appeal got merit and it succeeds Crimi..Category: Criminal Law | Date: | Hits: 125
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....his Court issued the Rule on the following terms: "Let the records of the case be called for and a Rule issue calling upon the opposite party Nso.1-8 to show cause as to why the judgment and order dated 62.2005 passed in Miscellaneous Appeal No.44 of 2004 passed by the learned Additional District......the Courts below held that the summons and the notices were served upon the defendants and as such, the trial Court as well as the Appellate Court have committed error of law which is an error in the decision occasioning failure of justice. 10. Mr. Faruq also placed annexure-A, the report of the ..Category: Procedural Law | Date: | Hits: 133
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
.... of 1993 Judgment Md. Joynul Abedin J.- This Rule was issued a the instance of the complainant petitioner calling upon the Deputy Commissioner, Bagerhat to show cause why the order Nos.9 and 10 dated 5‑1‑93 passed by the learned Senior Special Judge, Bagerhat in Special Case No.2 of 1...... Vs. Crown reported in 6 DLR 152 involved prosecution of offences under sections 116 and 161 of the Penal Code, and a Division Bench of the High Court of the then East Pakistan relying on a decision of the Privy Council reported in 52 CWN 567 held, that in that case offering of bribe ..Category: Criminal Law | Date: | Hits: 130
....vocates ‑ For the Respondents.
Writ Petition No.1578 of 1994.
Judgment
Mahfuzur Rahman J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 31‑12‑90 issued under the signature of the respondent No.1 and impugned proceeding pursuan......eaded by Apsu a Review Committee was also set up to look into the matter again and the Review Committee looked into the matter and submitted a report without any recommendation to revise the previous decision. It is stated that there was no violation of any Rules or principles of nature justice and ..
Category: Constitutional Law | Date: | Hits: 300
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
.... This Rule was issued at the instance of the informant‑petitioner Bachu Miah calling upon the acquitted accused‑opposite party Nos. 1‑14 and the State to show cause as to why judgment and order dated 10‑9‑86 passed by the learned Sessions Judge, Brahmanbaria in Session Case No.83 of 1985 a......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ..Category: Criminal Law | Date: | Hits: 75
Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)
.... For the Petitioner. Not Represented ‑ For the Respondents. Writ Petition No.1901 of 1997. Judgment Qazi Shafiuddin J.- In this Rule the petitioner has challenged the judgment and order dated 26‑1‑97 passed by the Chairman, 1st Court of Settlement, Dhaka to have been passed without......ner or any person duly authorised on his behalf. The Court of Settlement did not appreciate this aspect of law and committed serious mistake in holding that the property is an abandoned property. The decision of the Court of Settlement is illegal and, as such, is liable to be declared to have been p..Category: Property Law | Date: | Hits: 71
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