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Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....and point out their duty in every particular case that conies before them. Courts of law are essential to act and assume their role as guardians of the rule of law. It is said that source of judicial power is the law but, in reality, the effective exercise of judicial power originates from two sourc...... Sinha J Lt. Col. M. A. Mannan (Retd.)………………Appellant (In both the cases) Vs. Social Investment Bank Ltd. and Others …………Respondent (In Civil Appeal No.48 of 2006) Doctor J. H. Gazi and Others……………………Respondent (In Civil Appeal No.49 of 2006) Judgm......e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518...Category: Civil Law | Date: | Hits: 90
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......Appellate Jurisdiction) Present: Md. Abu Tariq J Md. Abdul Hye J Shahin Alam............Convict-appellant. Vs. The State.....................Respondent Judgment October 11, 2010. Cases Referred to- Gaziour Rahman Vs. The state, 10 B.C.R at page 236. Lawy......rt and other materials on record passed the impugned judgment and order of conviction and sentence. He prays for affirming the impugned judgment and submits that there is no reason or ground that may call for its interference and further prays for dismissal of appeal. 12. We have perused the......ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ..Category: Criminal Law | Date: | Hits: 56
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....ক্ষ কমিশন হইবে।" 15. Indeed, subsection (2) of section 3 of the Act lays down the condition subject to which the ACC has been created and it has been vested with certain powers and discretion. Sub-section (2) of section 3 of the Act guides the exercise of all the powe......nt: Md. Shamsul Huda J Md. Rezaul Hasan J Md. Obaidul Kader ............. Petitioner Vs. The State ..................... Opposite party Judgment: May 11, 2011. Cases Referred to- Rahit Pulp Paper Mills Vs. Collector of Central Excise, AIR 1991 SC 754; Indu Bhushan Chatter......7, Dhaka.) Judgment Md. Rezaul Hasan J.- In this matter, at the instance of the accused-petitioner, a Rule under section 561A of the Code of Criminal Procedure, 1898 (the Code) has been issued calling upon the opposite parties to show cause as to why the proceedings of the Special Case No.04 ......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264...Category: Criminal Law | Date: | Hits: 111
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
.... such the finding and decision in reversing the Judgment and decree of the trial Court calls for no interference by this Court. 13. By now the settled principle of law in exercising the revisional power under Section 115 of the Code of Civil Procedure has been laid down in several judicial pronou......Dabirush Shan J Hemayetuddin and others ......................... Petitioners Vs. Md. Shahjahan Miah and others .............. Opposite Parties Judgment June 3, 2009. Cases Referred to- Golzar AH Pramanik Vs. Soburjan Bewa being dead her heirs Md. Yakub Ali Khan and others, 6 B ......e judgment and decree dated 24.11.2004 passed the Joint District Judge, 1st Court, Barguna in Title Appeal No. 101 of 2003.) Judgment Syed Abu Kowser Md. Dabirush Shan J.- This Rule was issued calling upon the opposite party nos. 1-12 to show cause as to why the judgment and decree dated 24.1......Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242...Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....d against him his been answered by holding that in such a case sanction for prosecution was not necessary." 19. Third point agitated and calls for our consideration relates to the jurisdiction and power of the Special Judge to take cognizance of a case by way of framing charge under section 5(1)(...... Muhammad Abdul Mannan J HM Ershad ................................Petitioner Vs. The State .............................Opposite Party Judgment September 23, 1992. Cases Referred to- Saber Ahmed Vs. Manzur Mia ad others, 35 DLR 213; State Vs. Md. Safikul Islam, 40 DLR 310; 17......e former president of Bangladesh, is directed against the order dated 4.5.92 passed by the Special Judge Dhaka in Special Case No.11 of 1992 under section 242 Cr.P.C. and a Rule was issued on 26.5.92 calling upon the Deputy Commissioner, Dhaka to show cause as to why the impugned order dated 4.5.92 ......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....an then refers us to the case of Altaf Hossain Vs. Abdul Quashem reported in 45 DLR (AD) 53 wherein it has been held, "In our legal system relating to election also the Election Commission's inherent power under the provision of superintendence, control and direction' should be construed to mean pow......l Haque Chowdhury J KM Hasan J Mamtajul Karim……………Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment June 17, 1993. Case Referred to- Aftaf Hossain Vs. Abdul Quashem, 45 DLR (AD) 53; AFM Rashid Vs. The Election Commission and o......n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ..Category: Election Law | Date: | Hits: 122
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
.... 12. Before we take up the question for consideration as to whether the impugned judgment and order of conviction and sentence should be quashed or not, it will be necessary to see the extent of power, scope, principles and categories of cases in which High Court Division may invoke its power a...... The State………………………………………………………….Opposite party (In both cases) Judgment May 26, 2011. Result: The Rules are made absolute. Cases Referred to- Sher Ali (Md.) and others Vs. The State, 46 DLR (AD) (1994)67; Quader Chowdhury Vs. The State......llaneous Case No.10991 of 2010. Criminal Miscellaneous Case No.10714 of 2003. Judgment Md. Nazrul Islam Talukder J.- These two Rules, at the instance of the convict petitioners, were issued calling upon the opposite parties lo show cause as to why the impugned judgment and order of convict......rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ..Category: Criminal Law | Date: | Hits: 86
....of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178.......178.......of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178.......of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178...
Category: Employment/Service Law | Date: | Hits: 62
....used to live with his mother. At the relevant time he earned a lot. There is a provision of Cinema Law that to bring a cinema print through any body without going by himself, it can be done through a power of attorney executed on five taka stamp paper, given by the director of the Cinema Hall to bri......
Bivash Chandra Biswas, Advocate-on-record-For the Petitioner.
Md. Aftab Hossain, Advocate-on-record-For the Respondent No.1.
Not represented- Respondent No.2-3.
Civil Petition for Leave to Appeal No.1055 of 2008.
Judgment
MM Ruhul Amin CJ. - This petition for leave to appeal is d...... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176....... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176...
Category: Property Law | Date: | Hits: 70
Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......gladesh, represented by the Secretary, Ministry of Food and others, 4 MLR (AD)359; M A Gafur and another Vs. Government of Bangladesh 56 DLR (AD) 205. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner (In both cas......of Section 9(2) of the Public Servants (Retirement) Act, 1974 was not based on fact and the reasoning given by the High Court Division in making the Rules absolute in part, quoted hereinabove, do not call for any interference. Thus we do not find any substances in the application. Accordingly bot......e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169...Category: Employment/Service Law | Date: | Hits: 47
....take advantage of those GOMs. which came into existence long subsequently and say that the petitioners have no right of renewal under the said two Government Orders. In that case there was no lack of power of the State Government to keep its promise. That case rests on different contexts and disting......preme Court
High Court Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Mahmudul Amin Choudhury J
National Engineers Ltd.…………Petitioner
Vs.
Director, Military Lands and Cantonment Directorate and others ……..Respondents
Judgment
August ......rest accrued to the petitioner in respect of the land and the lease having had expired on March 31,1983 Respondent 2 had the legal sanction to issue the impugned notices. The respondents also categorically deny the statement of the petitioner that at the time of advertisement the respondents gave an......id not disclose that the lands underneath the factory were lease‑hold property. Rather, it gave an impression that the said lands were absolutely held by M/s Drums Metal Ltd. On August 9, 1976 in a meeting the Ministry of Defence and the Ministry of Industry agreed that out of the total lands in o..
Category: Property Law | Date: | Hits: 92
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....idence on record and are based on correct principle of the appreciation of the evidence. I find no illegality in the impugned judgment to call for any interference by this Court exercising revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. ...... DLR 208; Abul Hossain Vs. Amjad Hossain, 62 DLR (AD) 436; Hridoy Ranjan Day the another Vs. Niranjan Dey and others in 6 MLR (AD) 26=54 DLR (AD) 16. Lawyers Involved: Salma Rahman, Assistant Attorney-General with Towhida Khntun, Assistant Attorney-General-For the Petitioners. Rezina Mahmud......ty. Civil Revision No. 4020 of 2009. Judgment Siddiqur Rahman Miah J.- This Rule under section 11 of the Code of Code of Civil Procedure at the instance of defendants respondents-petitioners calls in question the judgment and decree dated 4-5-2008 passed by the learned District Judge, Brahm......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897...Category: Procedural Law | Date: | Hits: 72
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
....pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......2-2002 passed by the High Court Division in Contempt Petition No.03 of 2001 arising out of Trade Mark Application No.1 of 2001 holding the appellant guilty of the Contempt of Court and sentencing him to pay a fine of Taka 2,000 in default, to suffer simple imprisonment for 15 (fifteen) days. 2.......9 in Class-29 with effect from 12-7-1989 and after initial registration of these marks they were renewed for a further period of 15 years with effect from 12-7-1996. That KAS Dairies Ltd (hereinafter called "the company") also obtained registration of the similar mark from the Trade Mark registry be......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ..Category: Intellectual Property Law | Date: | Hits: 270
.... 6504 of 2009. The learned Advocate drew our attention to the following observations made in that judgment:
“We have examined section 13 of Artha Rin Adalat Ain, 2003. This section has conferred power or jurisdiction upon the Artha Rin Adalat to dispose of the suit without holding trial only wh......……………………………………petitioners
Vs.
The Government of People’s Republic of Bangladesh and others…………Respondents
Judgment
June 1, 2011.
Cases Referred to-
Md. Arfan Uddin Akand with Mr. Kamal Uddin Akand Vs. Joint District Judge and Arth......sp;
Md. Abu Zafor Siddique J. - On an application filed under Article 102(2) (a) (ii) of the Constitution a Rule Nisi was issued in the following terms:
“Let a Rule Nisi be issued calling upon the respondents to show cause as to why the Order No.55 dated 22.06.2010 passed by the ......ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ......………………….Appellant Vs. The State…………………………………………………………………..Respondent Judgment November 12, 2009. Cases Referred to- Shibu Pada Acharjee Vs. State 56 DLR (HC), 285;State Vs. Moslem 55 DLR, 116; Salauddin Vs. th......sbelieve P.W 17. He further submits that judicial confessional statement, made by Ashraf Ali, is corroborated by his extra judicial confession and P.Ws. 4, 7, 8, 12 and 16 in their deposition categorically stated about the substantiality of the extra judicial confession made by Ashraf Ali. He furthe...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521....... AKM Sadeque J Mahfuzur Rahman J Subodh Ranjan and others……….. Accused Appellants Vs. State .......................... Respondent Judgment June 24, 1993. Cases Referred to- Niamat (a) Chacha Katta Vs. Summary Military Court No.2 and another, 1979 PLD (Lahore) 279; P......P.W.13 went away with his force along with the accused persons and the seized articles. 22. In cross‑examination he stated that before entering 'Lutfa House' none of the respectable persons were called and did not search the bodies of the search party. He also stated that the seizure list could......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521...Category: Criminal Law | Date: | Hits: 75
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....Court has rightly rejected the application. 13. In the case of Md. Shamsul Huda Vs. Mozammel Hoque, reported in 26 DLR 319 wherein a Division Bench of this Court has held: "Order 11, rule 21 empowers a Court to strike out the written statement of a defendant and to place him in the same posit......risdiction) Present: Mahfuzur Rahman J Ansar Ali……………….Petitioner Vs. Yeasin Mea and others……………..Opposite Parties Judgment July 27, 1993. Case Referred to- Md. Shamsul Huda Vs. Mozammel Hoque, 26 DLR 319. Lawyers Involved: Khondker Saiful Hoqu......14. On perusal of the record I find that as after framing of issues no interrogatories was prayed for by the plaintiff within the specified time though the defect of parties have been asserted specifically in the written statement long back and that as no order was passed directing the defendants to......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517...Category: Procedural Law | Date: | Hits: 68
....o the granting of the letter of administration under sections 10 and 11 of the Administrator General's Act, 1913 and on 10.6.87 the District Judge, Manikganj granted the letter of administration with power "to sell the ruined and dilapidated building and old furniture and fixtures of the said charit......
High Court Division
(Civil Appellate Jurisdiction)
Present:
Mainur Reza Chowdhury J
Hemendra Lal Homoeopathic Databya Chikitshalay and another………Appellants
Vs.
The Administrator General and Official Trustee...................Respondent
Judgment
January 16, 1991.
La......in‑interest of the trust and that the trust property under the management of Upazila Revenue Officer, Saturia was on temporary basis, without making the appellant No.2 a party although he was physically present in Bangladesh and functioning as a trustee. The said application under section 59 of t...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
..
Category: Trust/Waqf Law | Date: | Hits: 183
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....2 are the daughters of the plaintiff. Their husbands are clever men. The defendant Nos.1 and 2 made attempts several times to grab the property of the plaintiff fraudulently. The plaintiff executed a power of attorney on 31.08.2004 in favour of defendant No. 4. On the basis of that power of attorney......ossain J Abdur Rahim…………………………………………Petitioner Vs. Momotaz Begum and others……………....Opposite parties Judgment July 27, 2011. Cases Referred to- Nizamuddowla Vs. Nurul Islam and ors. 22 DLR 277; Ramizuddin Miah Vs. Jarimunnessa and o......ioner. Khayer Ejaj Masud, with Sarder Abul Hossain, Advocates-For opposite party Nos. 1-6. Civil Revision No. 485 of 2010. Judgment Hasan Foez Siddique J.- This rule was issued calling upon the opposite parties to show cause as to why the impugned order dated 17.01.2010 passed......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ..Category: Limitation Law | Date: | Hits: 219
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....fore the original 2nd proviso and as a result, the 2nd proviso was relegated to the 3rd proviso. The 1st proviso, in essence, provides that where there is a higher administrative authority having the power to set aside, vary or modify an order, decision or action to be challenged before the Administ......………………………………………………….Petitioner Vs. Government of Bangladesh and others…………………..Respondents Judgment August 25, 2011. Cases Referred to- Canada Sugar Refining Co V.R (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006. ......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ..Category: Administrative Law | Date: | Hits: 196
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