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Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....on unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction: Provided that no Magistrate of the 3rd Class, and no Magistrate of the 2nd class not specially empowered in this behalf by the (Government) shall authorise detention in the custody of the police).......m J Aftabur Rahman……………………Petitioner Vs. State……………………Opposite Party Judgment July 26, 1993. Result: The Rule is made absolute. Cases Referred to- Khondakar Moshtaque Ahmed Vs. Bangladesh, 34 DLR (AD) 222; Mohd. Raft Vs. State, (1969) Pakis......onnection. 8. The Assistant Commissioner of Police (Detective) DAB, however, most illegally took the accused petitioner from Central Jail on remand in, Kotwali PS Case to an unknown place and physically tortured him in an inhuman manner and again sent him to jail custody at 22.45 hours on 23.6.90......asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593...Category: Criminal Law | Date: | Hits: 87
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
....equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ......thens Greece and others………………Petitioners Vs. Grain Bank Ltd……………Opposite Party Judgment November 23, 1992. Result: The rule is made absolute. Cases Referred to- Messers United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipping Line Ltd., 28 DLR 231; U......ely from attachment furnished bank guarantee. 5. Mr. M. Hafizullah, appearing in support of the Rule, vehemently canvassed that although the ad interim order of attachment was non est but the same called for bank guarantee from the petitioners for release of the vessel from the ad interim order o......equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ..Category: Civil Law | Date: | Hits: 75
Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
....ation or to extend it in hard cases relating to application of section 151 CPC. It is submitted that Order 41 rule 19 CPC read with Article 168 Limitation Act are exhaustive and therefore no inherent power remaining with the High Court to allow the appeals which are time barred and to set aside on o......ers…………………….Petitioners Vs. Abdul Majid and others………………….Opposite Parties Judgment January 8, 1992. Result: The Rule is discharged. Cases Referred to- Syed Md. Shah Vs. Abdul Jabbar, Md. Yakub and others, 1943 AIR (Sind) page 132; Haji Golain S......involved: ABM Golam Majid, Advocate ‑ For the Petitioner. Zainul Abedin, Advocate ‑ For Opposite Party No.1. Civil Revision No.1004 of 1989. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the Order No.33 dated 20.4.89 passed by learned Dist......desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ..Category: Procedural Law | Date: | Hits: 74
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
....nstitution, rests on the same footing as other contracts. The parties retain their personal rights against each other as well as against strangers; and, according to the majority of the schools, have power to dissolve the marriage-tie, should circumstances render this desirable. 13. To use the w......….Appellant. Vs. Anowar Hossain…………………………………………………….. Respondent. Judgment July 31, 2011. Result: The Appeal is allowed. Cases Referred to- Asha B.V. Kadir B., (1909) 33 Mad 22, Abdul Kaidr V. Salina, (1886) 8 All. 149(155), Moung Ky......ew that a marriage may be valid even without a ceremony before third parties. The rule is usually stated to be that an agreement to be married henceforth, followed by cohabitation, constitutes the so-called common law marriage. But both on principle and authority, it would seem that the agreement al...... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ..Category: Family Law | Date: | Hits: 318
....
6. Section 4(3) of the Local Government (Union Parishads) Ordinance, 1983 provides as follows:
"Every Union Parishad shall be a body corporate, having perpetual succession and a common seal. With power, subject to the provisions of this Ordinance and the rules, to acquire and hold property both ......
December 19, 1991.
Result
The application is summarily rejected.
Lawyers Involved:
Habibul Islam Bhuiyan with Asaduzzaman, Advocates ‑ For the Petitioner.
AY Salehuzzaman, Deputy Attorney General ‑ For the Respondent No.1.
Writ Petition No. 3096 of 1991.
Judgment
Fazle ......torney General ‑ For the Respondent No.1.
Writ Petition No. 3096 of 1991.
Judgment
Fazle Hussain Mohammad Habibur Rahman J.- The petitioner Md. SM Abdur Rob prays for issuance of Rule Nisi calling upon the respondents to show cause why the impugned Memo No.606/1(9) dated 25.11.91 (Annexur......stry of the Local Government, stating that after being elected as acting Chairman of the Dasuria Union Parishad under section 16(1) of the Local Government (Union Parishads) Ordinance, 1983 the first meeting of the said Union Parishad was held by the said Acting Chairman on 15.1.89. On behalf of the..
Category: Election Law | Date: | Hits: 129
Seing Hia Maung Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
.... noticed in so many cases that without considering any merit of a case on the basis of recommendation of police, detention order is made. A person cannot be detained by such irresponsible exercise of power. The power under section 3(2) of the Special Powers Act as given to the District Magistrate ca......desh and others…….Respondent Judgment March 3, 2000. Result The Rule is made absolute. Lawyers Involved: Murad Raza, Advocate‑For the Petitioner. Zaman Akhter Assistant Attorney‑General‑For the State. Writ Petition No. 1153 of 2003. Judgment Md. Hamidul Haqu...... Murad Raza, Advocate‑For the Petitioner. Zaman Akhter Assistant Attorney‑General‑For the State. Writ Petition No. 1153 of 2003. Judgment Md. Hamidul Haque J.- This Rule was issued calling upon the respondents to show cause as to why the detenu Modhuthara Sim Bhikku now detained i......be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327...Category: Criminal Law | Date: | Hits: 55
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
....m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......Mobarak Ali Gazi (Md.)……........Petitioner Vs. State………………………………..Opposite Party Judgment May 14, 2003. Result Rule is made absolute. Cases Referred to- Viran Wali Vs. State, AIR 1961 J & K 11; Bhagabaticharan Vs. Emperor, AIR 1933 Cal 644; A......m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......k up the investigation and seized the broken lock and other broken materials from the chamber of the Head Mistress. In the meantime on 20‑10‑1996 the Head Mistress along with some teachers held a meeting in her chamber when this convict petitioner admitted that he has stolen the money and he wil..Category: Criminal Law | Date: | Hits: 62
James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)
....er in the facts and circumstances of the case the teamed Tribunal was justified in finding that the executives of the assessee manage the affairs of the Bangladesh business and that full management power has been delegated to them by the head office in UK. 4. Whether in the facts and circumst...... the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ..Category: Fiscal/Taxation Law | Date: | Hits: 120
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....the averment into writ petition that the petitioner filed an application invoking Article 15 of PO 16 of 1972 before the Deputy Commissioner, Chittagong for releasing this property in exercise of his power as 'prescribed authority' constituted under PO 16 of 1972. This averment is in paragraph 5 of ...... Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others……..Respondents. Judgment March 28, 1993. Case Referred to- 43 DLR 139. Lawyers Involved: MI Farooqui with M. Salem Ullah, Advocates ‑ For the Pe......etition under Article 102 of the Constitution the enlistment of certain property being a house situated at holding No. F/K/9, Sher Shah Colony, Nasirabad, PS Panchush, District Chittagong hereinafter called the disputed house, in the 'Ka' list of abandoned properties vide notification in the Banglad......tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ..Category: Property Law | Date: | Hits: 75
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
....ed by that Court he brought the instant suit in a different Court. According to him, this subsequently filed suit is an abuse of the process of the Court and the Court can in exercise of its inherent power reject the plaint on this ground as rule 11 of Order 7 CPC is not exhaustive. Mr. SR Pal, the ......………………Petitioner Vs. Kazi Abdur Rouf, Chairman and others………………………Opposite Parties (Civil Revision No.713 of 1993) Judgment June 27, 1993. Cases Referred to- Narayan Sankar Vs. Secretary of State for India, 30 Bombay 570; Rani Harsamukhi Sinha Vs. Moh...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ......nt Nos. 2 to 18 of any function as office‑bearers of the Central Committee of Bangladesh Pustak Prakashak and Bikreta Samity (Bangladesh Book Publishers and Book Sellers Association) and holding of meetings of the said Committee scheduled on 11.2.1993 and 17.2.1993 by defendant No.9 vide his notic..Category: Civil Law | Date: | Hits: 104
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....ust, 1990 and as per section 12 Rabitat was required to deposit compensation within one year from the date of final decision regarding acquisition. This is the requirement of law and the Court has no power to hold otherwise. In Subash Chandra Das, M.H. Rahaman J. argued: "The provision of section......rs………….Appellants (In Civil Appeal No.60 of 2006) Vs. Rabit-Al-Alam-Al-Islami and others…………….Respondents (In both the appeals) Judgment July 14, 2010. Cases Referred to- Chandavarkar Sita Ratna Rao Vs. Ashalata S. Guram, AIR 1987 SC 117; South India Corpn. (P) Lt...... with regard to the said proceedings after the expiry of one year. He retains no power in the said proceedings. The intention of the legislature is clear that the abatement order will operate automatically without any further order of the Deputy Commissioner concerned. 25. In Shah Wali Vs. Golam ...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ..Category: Property Law | Date: | Hits: 93
Sylhet Moulvi Bazar Motor Malik Group and another Vs. Ataur Rahman and others, 2008, 37 CLC (AD)
.... 7. The learned Counsel appearing for the petitioners submits that the High Court Division has erred in discharging the Rule and affirming the decision of the courts below without comprehending the power of the Courts in a Rent Deposit Case. 8. He further submits that because of the observation......off. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 415. ......ision No.1625 of 2007 pending in the High Court Division. With this observations this petition for leave to appeal is disposed off. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 415. ......ision No.1625 of 2007 pending in the High Court Division. With this observations this petition for leave to appeal is disposed off. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 415. ..Category: Property Law | Date: | Hits: 58
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146.......d- For the petitioner. Abdul Aziz Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent No.1. Not represented- Respondent No.2. Civil Petition for Leave to Appeal No.1211 of 2008. (From the judgment and order dated 28.2.2008 passed by the High Court ......fill up the lacuna. 8. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 ......cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146...Category: Property Law | Date: | Hits: 54
Sonali Bank Ltd. Vs. Md. Nur Habib Bappi and others, 2009, 38 CLC (AD)
....ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ......ted by A.K.M. Shahidul Huq, Advocate-on-Record-For the petitioner. Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 4. Not represented-Respondent Nos.1-3. Civil Petition for Leave to Appeal No. 893 of 2009. (From the judgment and order dated 2.3.2009 passed by the High Court D......ls and perused the evidence on record. 5. We are of the view that the High Court Division on proper consideration of the materials on record made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is als......ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ..Category: Civil Law | Date: | Hits: 89
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
.... such value not exceeding (one lac taka) as may be specified in the notification). (Provided that the (Government) may, by notification in the Official Gazette, delegate to High Court Division its powers under this section)." 12. Under section 19 of the Act an Assistant Judge has pecuniary jur......emo of appeal before this Court on 27.6.91 against the judgment and decree passed the aforesaid Money Suit No.528 of 1991. The Stamp Reporter gave a note dated 20.7.91 and returned the Memo of appeal to Mr. Md. Ozair Farooq, the learned Advocate for the appellant Abul Kalam Azad (defendant No.5). ......ule 22 CPC how far could be applicable in the case of an appeal pending against the judgment and decree passed by an Artha Rin Adalat which is a Special Civil Court. (Artha Rin) Adalat Act has specifically provided for an appeal against the judgment and decree passed by the Artha Rin Adalat in a sui......urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ..Category: Civil Law | Date: | Hits: 96
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....al laws is deprecated. The main thrust is whether if the process of the Court of law constituted under the general law is being abused, a writ of certiorari is maintainable. The High Court Division's power under writ jurisdiction to quash criminal proceedings should be exercised sparingly in rares...... ..................................................Petitioners Vs. Md. Enayetur Rahman and others …….........................Respondents Judgment February 28, 2011. Cases Referred to- State of Goa and others Vs. A.M. Jaffar and sons, (1996) 7 SSC 79; S.S. Jain Samiti Vs. Manag......vision that the materials on record do not disclose any offence against the importer, seller or buyer of the vehicle are based on non-application of judicial mind. What’s more, those findings are uncalled for, since the importer and the seller are not before the High Court Division. In view of the......ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ..Category: Anti-Corruption Laws | Date: | Hits: 214
Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)
.... the year 1987 the Board of Director of the Academy, in its 15th meeting held on 19-12-1987 (Annexure-K), formulated the regulations regarding the service of the employees of the Academy, wherein the power to impose punishment like discharge, force retirement, termination etc. in respect of the Clas......ioner Md. Abdul Majid while posted as Assistant Librarian in the বগুড়া পল্লী উন্নয়ন একাডেমি, a Class II post, was discharged from the service by the Director General of the বগুড়া পল্লী উন্নয়ন একাডেমি Challeng...... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ......er the circular made by the Rural Development and Co-operative Department under Memo No.11/1a-1/73/224 dated 19-6-1973. Subsequently in the year 1987 the Board of Director of the Academy, in its 15th meeting held on 19-12-1987 (Annexure-K), formulated the regulations regarding the service of the emp..Category: Employment/Service Law | Date: | Hits: 64
State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)
....and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166.......…………………….Petitioner Vs. Azharul Islam alias Badal and another………………...Respondents Judgment March 15, 2009. Lawyers Involved: S.M. Abdul Mabin, Deputy Attorney General, instructed by Md. Ibrahim Khalil, Advocate-on-Record-For the Petitioner. Nawab Al......of the view that the High Court division, on due consideration of the materials on record passed the impugned judgment and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 ......and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166...Category: Criminal Law | Date: | Hits: 56
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011)163.......dul Matin J
Qamruzzaman Shah……………………………………..Petitioner
Vs.
Government of the People's Republic of Bangladesh and another…………..Respondents
Judgment
October 20, 2008.
Lawyers Involved:
T.H. Khan, Senior Advocate (with Omar Sadat, Advocate) instr......We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 ...... decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011)163...
Category: Civil Law | Date: | Hits: 77
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....ts are not too satisfactory and also I am annoyed with the conduct of RAJUK, erstwhile DIT but since these appeals are from original decree, section 107 of the Code of Civil Procedure gives mandatory power to determine a case finally, as the Appellate Court, shall have the same powers and shall pe...... Hashem.........................................................Appellant Vs. Shamsul Kabir Humayun Reza and anothers.............Respondents Judgment February 10, 2011. Cases Referred to- Ejhar Miah Vs. Shaher Banu, 2 BLC AD 20=49 DLR (AD) 85; 4 BLC (AD) 191; 39 DLR (AD) 237; AIR ......d in accordance with the provision of the Evidence Act together with passing of consideration money. Learned Advocate on the question of using different stamp papers which does not appear chronologically submits that agreement for sale/bainapatra was written on 5 pages of which one in hundred Taka......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ..Category: Property Law | Date: | Hits: 100
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