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Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
.... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ......5 are as follows: "(1) there shall be a Parliament for Bangladesh (to be known as the House of the Nation) in which subject to the provisions of this Constitution, shall be vested the legislative powers of the Republic: Provided that nothing in this clause shall prevent Parliament from delega......others …………………………Petitioners Vs. The Election Commissioner, Shere Bangla Nagar, Dhaka…………..……………Respondents Judgment April 2, 1991. Cases referred to- Grey Vs. Pearson, (1857) 6 HLC 61,106; Duke of Buccleuch, (1889) 15 PC 86, 96. Lawyers Inv...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......f the Government, was absconding and/or concealing himself so that the said order of detention passed against him cannot be executed, the Government in the Ministry of Home Affairs in exercise of its power under section 7(b) of the Special Powers Act made the following notification on January 23, 19...... Union of India and others Vs. Haji Mastan Mirza, AIR 1984 (SC) 681; Moazzem Hossain Chowdhury Vs. Bangladesh and others, 43 DLR 186; Dr. MO Ghani Vs. ANM Mahmood, PLD 1966 Supreme Court 802; Director of Public Prosecutions Vs. Head (1958), 1 All ER 679 (6861) Sultan Ali Naghiana, AIR 1949 (Lahor...... records of the Special Tribunal Case No.118 of 1991 that the accused petitioner Sardar Amjad Hossain surrendered before the Special Tribunal No.2, Dhaka on 26.5.91 and prayed for bail which was not granted. Before the Special Tribunal Case No.118 of 1991 was stayed on 9th 1une, 1991 by this Court,..Category: Criminal Law | Date: | Hits: 88
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ......n. The original layout plan provided such amenities by earmarking some land as parks, play grounds, community centres, school, mosques etc. Therefore the contention of RAJUK that in exercise of its power under section 40(h) it can change the layout plan converting the open spaces into residential ......ases Referred To- Bangalore Medical Trust Vs. BS Muddappa reported in AIR 1961 (SC) 1902; Giasuddin Vs. Dhaka Municipal Corporation 17 BLD 577= 49 DLR 199. Lawyers Involved: AF Hasan Arif, Attorney General, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Petitioners. (In both the......o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ..Category: Property Law | Date: | Hits: 92
Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)
....it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ...... and others...........Petitioners Vs. Anisur Rahman and another ...............................................Respondents Order March 15, 2011. Lawyers Involved: Mahbubey Alam, Attorney General (Mojibar Rahman Miah, Deputy Attorney General with him) instructed by B. Hossain, Adv......the very date of issuance of their letter there was no existence of the said 1 bigha of land. Because the very lease of M/S. L. Mallik and Company was cancelled through letter dated 01.12.1985 for flagrant violation of the condition of the said lease deed. That had the documents regarding the lease ..Category: Property Law | Date: | Hits: 85
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......d passed by this sole arbitrator is illegal. The learned Advocate has contended that both the Courts below have failed to take into consideration that section 8 of the Arbitration Act, 1940 has given power to the Court to appoint an arbitrator in the circumstances where any appointed arbitrator fail......or the Petitioner. Azizul Hnque, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No.1. Not Represented—For the Respondent No.2-3. Civil Petition for Leave to Appeal No. 1686 of 2009. (From the judgment and order dated 18-5-2009 passed by the High Court......Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ..Category: Alternative Dispute Resolution | Date: | Hits: 182
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......tion did not consider some questions involved in the matter they are unable to agree with the views taken by them, that the PSC was compelled to, follow the direction of the Government which had no power to interfere with the business of the PSC, and that the report of the media could not be the......985) 1 SCC 122; Union of India Vs. Hindustan Development Corporation, AIR 1994 SC 988; Punjab Communications Ltd. V. Union of India, AIR 1999 SC 1801. Lawyers Involved: Murad Reza, Additional Attorney General (with Akram Hossain Chowdhury, Deputy Attorney General), instructed by Mrs. Sufia Kha......t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ..Category: Constitutional Law | Date: | Hits: 247
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....pposite party, on the other hand, submits that for granting temporary injunction the Court need not go into the merits of the case. If there is a prima facie case, it can grant an injunction. It is a discretionary power of the Court and should not be interfered with a revisional application however ...... on the other hand, submits that for granting temporary injunction the Court need not go into the merits of the case. If there is a prima facie case, it can grant an injunction. It is a discretionary power of the Court and should not be interfered with a revisional application however wrongly exerci......, in short are that the plaintiff opposing party instituted Title Suit No. 470 of 1984 against the defendant petitioners for permanent injunction restraining the defendant petitioners from entering into the suit land and from disturbing the plaintiff's peaceful possession of the same. The suit land ...... shares in each plot which are all held in ejmali possession and has since then threatened to disposses the defendant petitioners under the cover of the Court’s order. 4. The learned trial Court granted the temporary injunction by its judgment and order dated 24.4.85 which was subsequently affi..Category: Property Law | Date: | Hits: 101
Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324.......was removed from office in total conformity with the bye‑laws of the petitioner‑federation and rule 42 of the Co‑operative Societies Rules, 1987. He further submitted that the Government has no power to enquire into the dispute about the office of the Chairperson and to pass any ad interim ord.........Respondents. Judgment December 2, 1992. Lawyers Involved: AFM Mesbahuddin, with A Baset Majumder & Md. Mohsen Rashid, Advocates ‑ For the Petitioner. AF Hasan Ariff, Deputy Attorney‑General - For the Respondents 1‑3. Syed Mokaddas Ali, Advocate ‑ For respondent No.5......eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324...Category: Others | Date: | Hits: 136
.... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......n the said examination, the University authority instead of cancelling the results of all the examinees of the said centre under Article 19 of the Conduct of Examination Ordinance, constituted a high powered Inquiry Committee comprising Senior Teachers of the University, members of the Syndicate and......ocate ‑ For the Respondents.
Writ Petition No. 868 of 1991
with
Writ Petition No.1560 of 1991.
Judgment
Quazi Shafiuddin J.- In Writ Petition No.368 of 1991, 40 petitioners joined together and obtained the Rule challenging the validity of the impugned order (Annexure F) dated 31....... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292...
Category: Others | Date: | Hits: 153
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......nt and order passed by the High Court Division on merit. Mr. Foez Siddique referred to the case reported in 39 DLR in support of his contention that a Court will not presume the existence of inherent power to do that for which specific provision has been made in the statute and should not invest its......ccess in the same. 4. Mr. Abdul Huq the learned Counsel appearing for the Petitioner, submits that no notice was ever served upon the plaintiff opposite parties in the revision case. There appears to be simply a report of the District Judge, Kushtia, that oil search of ‘khatapatra’ it appears......de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ..Category: Property Law | Date: | Hits: 90
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......ি দমন কমিশন আইন ২০০৪ read with rule 20 of the দুর্নীতি দমন কমিশন বিধিমালা ২০০৭, the learned Sessions Judge is empowered to accept such applications as are made to him on behalf of the respondent No.1 and accordin......…..Petitioner Vs. Chairman, Anti-Corruption Commission and others..................Respondents Judgment February 25, 2010. Result: The Rules are made absolute. Cases Referred to- Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzzaman, Deputy Director, Bureau of Anti-Corruption, ......with the prior permission in writing of a Sessions judge; and in other cases, with the prior permission in writing of the High Court Division. The respondent No.4 has no jurisdiction under the law to grant permission for seizure of the bank documents and the impugned orders are arbitrary, mala fide ..Category: Anti-Corruption Laws | Date: | Hits: 200
Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)
.... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25.......ying any suit transferred withdrawn under this section from a Court of Small Causes shall, for the purpose of such suit be deemed to be a Court of Small Causes." 13. This section confers a general power to transfer, withdraw and retransfer suits, appeals or other proceedings at any stage on the a......e J Saroj Kumar Sarker and others ......................Petitioners. Vs. Manoj Kumar Sarkar………………………….Opposite Party. Judgment February 5, 2007. Cases Referred to- Ayesha Vs. Daleep A 1961 Raj 186, Geyer Vs. GA 1949 L 34; Rosamma Joseph Vs. PC Sabastian, AI...... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25...Category: Property Law | Date: | Hits: 68
Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20.......the matter of inquiry before the decision to issue the notice is an administrative matter and is not justifiable and that the notice issued by the Deputy Director (DD) was in accordance with law, the power having been delegated to him under the ACC Act and Rules. 6. In reply, the petitioner filed......or the Petitioner. Md. Khurshid Alam Khan, Advocate-For Respondent No. 3. Writ Petition No.189 of 2010. Judgment Md. Imman Ali J. - A notice dated 30-12-2009 was issued by the Deputy Director, Anti-Corruption Commission, Integrated District Office ‘সমন্বিত জেলা ......" under section 561A of the Code, inasmuch as the words "any Court" employed in section561A must be understood to mean a "criminal Court....." 13. We note that, although the Appellate Division has granted leave with regard to the decision in the case of Habibur Rahmqn Molla mentioned above, the l..Category: Anti-Corruption Laws | Date: | Hits: 154
....n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 289.
......d with the additional designation of Settlement Officer and he by the impugned order dated 18.1.89 (which is at annexure ‘O’ to the supplementary affidavit filed by the petitioner) exercising his power under rule 42 of the Tenancy Rules, 1955, cancelled the portion of the proceeding referred to ......ivision
(Special Original Jurisdiction)
Present:
Naimuddin Ahmed J
Mohammad Gholam Rabbani J
Capital Co‑operative Housing Society Ltd.......................Petitioner
Vs.
Director, Land Records and Survey, Government of Bangladesh and others..............Respondents
Judgme......n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 289.
..
Category: Property Law | Date: | Hits: 125
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ......7 and in the Bangladesh Gazette dated 24.6.87. Thereafter, the Bangladesh Shilpa Rin Sangstha (BSRS) made its appearance through its learned Advocate Mr. T. Islam on 8.3.89 and Rupali Bank also filed power on 14.11.89 claiming themselves as creditors of the said Company. On 9th August, 1990 after he......ration……………….Petitioner Vs. Ashraf Jute Mills Ltd………………..Respondents Judgment August 28, 1991. Result: The Rule is made absolute Cases Referred to- 43 company cases 350; 21 company cases 251; 35 company cases (SC) 755; 42 Company Cases 26; ......after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ..Category: Company Law | Date: | Hits: 193
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......t prima facie case, unless, it could be shown that the charge‑sheet on its face, even if believed, did not disclose any offence." Keeping in view the above principles in the matter of exercising power under section 561 A CrPC let us now consider the above submissions of the learned Advocate for......ad Ansar Ali J.- This rule at the instance of the accused petitioner arises out of an application under section 561A of the Code of Criminal Procedure calling upon the Deputy Commissioner, Munshiganj to show cause as to why the proceeding in GR Case No.180/83 of the Court of the Magistrate, 1st Clas......ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263...Category: Criminal Law | Date: | Hits: 88
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
....4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ......pplying water as a commercial preposition that the items become public utility services and protection is given by the law so that community at large is not deprived from the utility services and the power to the Government had been given to prohibit strike or lockout because the Government exists f...........................................Petitioner Vs. Kumudini Hospital Karmachari Union & others....................Respondents (In Writ Petition No. 625 of 1974). Cholera Research Laboratory ......................Petitioner Vs. First Labour Court & others..........................4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ..Category: Labour and Industrial Law | Date: | Hits: 123
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
.... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646.......the person dealing with a thing exclusively constitutes possession. Where a person has in his own right and not merely as to be able to exclude others from it and has the intention of exercising that power of exclusion, he can be said to be in possession of it. 24. Possession implies a) Some a......arker J Badsha (Md.) Miah and others........................Appellants Vs. Soleman Nessa Bibi and others......................Respondents. Judgment December 11, 1988. Cases Referred to- 15 DLR (SC) 181; 16 DLR 637; 22 DLR (SC) 86; 34 DLR (AD) 29; 15 DLR at page 188; 21 DLR (SC)......ndlords. Sattyendra Nath never possessed the suit land. Ramani Sundari Dasi realised rent from Sauraben Nessa (proforma defendant No. 6) with respect to half of the land of the jama of Taka 45.00 and granted her rent receipt. The plaintiffs did not acquire any title in the suit lands of the above ja..Category: Property Law | Date: | Hits: 70
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......ruzzaman J Hameeda Banu........................................Appellant Vs. AFM Naziruddin.......................................Respondent. Judgment August 8, 1990. Cases Referred to- KK Das Vs. Amina Khatun Bibi, AIR 1940 (Cal) 356=44 CWN 247; Ramratan Vs. Shiodattarai, AIR ......ortgage of the suit land already given by her in favour of the Shilpa Bank. Mr. Khandker Mahbubuddin Ahmed, the learned Advocate, on the other hand, has submitted that Ext. 1 is nothing but a licence granted by the appellant to the respondent and the respondent acting under the licence has construct..Category: Property Law | Date: | Hits: 110
....nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
......nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
......................................................Petitioner
Vs.
Continental Grain Company (Canada) Ltd. and others............... Opposite Parties.
Judgment
July 24, 1990.
Case Referred to-
PLD 1964 (SC) 222.
Lawyers Involved:
Mustafa Niaz Mohammad, Advocate ‑For the Petiti......nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
..
Category: Admiralty Law or Maritime Law | Date: | Hits: 186
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