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Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....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......ut subsequently the posts were increased to 4149. The writ petitioners after passing the preliminary test were allowed to sit for written test and after being successful in the written test they were called for viva-voce examination. They having been successful in the viva-voce, the PSC after compli......ities in conducting the examination. The first viva-voce examination was conducted by 652 Boards and out of 652 Boards, 150 Boards were constituted with 2 members instead of 3 members. The PSC in its meeting held on 1st July, 2007 considered the request of the Government and decided to cancel the ..Category: Constitutional Law | Date: | Hits: 247
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
.... 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 ......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ..Category: Property Law | Date: | Hits: 101
Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....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...... 1992. Judgment Md. Abdul Jalil J.- This Rule was issued on the application of Bangladesh Hastashilpa Samabaya Federation Ltd. known as ‘KARIKA’ represented by its Chairman, Rowshan Akhtar, calling upon the respondents, namely, Bangladesh, represented by the Secretary, Ministry of Local Go......t any lawful authority and to be of no legal effect. 2. The case of the petitioner is, that it is a registered Central Co‑operative Society and is managed in accordance with its bye‑laws. In a meeting of the Managing Committee of the petitioner dated 16.7.92 the respondent No.5 was co‑opted..Category: Others | Date: | Hits: 136
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......nother ................Appellants Vs. The State …………..Respondent Judgment March 25, 1992. and April 13, 1992. Result: The death penalty is affirmed. Cases Referred to- AIR 1977 (SC) 1116; 126 IC 689; 62 IC 545; PLD 1964 (AC) 813; 31 DLR 312, 16 DLR 598; AIR 197...... At 1‑00/1‑30 PM one man came and told them that in Magbari ditch at Miapur one dead body is found. Thereafter the Chairman along with him went to the place of occurrence and after the Daroga was called by the Chairman the Daroga lifted the dead body from the ditch. The dead body was naked. Afte......be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ..Category: Criminal Law | Date: | Hits: 76
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....ty, although it appears even from the plain reading of the aforesaid law as quoted above that the Court of Settlement ought to have given such decision. The Court of Settlement under the law is not empowered to dismiss the case pending before it for default simpliciter. The law requires that a decis......lding, Segunbagicha, Dhaka and others……….....Respondents Judgment March 30, 1993. Lawyers Involved: Md. Fazlul Karim, Advocate ‑ For the Petitioner. AK Mujibur Rahman, Deputy Attorney General ‑ For the Respondents. Writ Petition No.1418 of 1988. Judgment Mohammad Gh.......7 of the Ordinance No.54 of 1985 by the above petitioner claiming the above property as his own praying for exclusion of the same from the list of abandoned buildings. "No one appears on repeated call when the case was called up for hearing nor any step has been taken on behalf of the petitioner......bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304...Category: Procedural Law | Date: | Hits: 59
....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.......use why the same should not be declared to have been made without lawful authority and to be of no legal effect. In Writ Petition No. 1560 of 1991 petitioner Kabita Rani Hajra obtained the Rule which called upon the respondents to show cause why the impugned order dated 31.12.90 (Annexure E) and the......r means adopted in the degree honours examination of 1997 which was held in 1989 in the Jagannath College, Examination Centre. The Teachers Council of the Jagannath College met in an emergent general meeting on 7.8.90 which was presided over by the Principal of the College, denied all the allegation..
Category: Others | Date: | Hits: 153
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....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......levant time passed order that no fresh report would be necessary and the case could proceed. The learned Counsel submits that the report of the District Judge withholding the service return was practically no service in the eye of law. Therefore, he prayed for rehearing of the revision case for the ......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)
....ি 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, ......f 2002 and 2095 of 2002 are virtually one and the same, they have been heard together and this consolidated judgment disposes of both of them. 2. In both the Writ Petitions, Rules Nisi were issued calling upon the respondents to show cause as to why the orders dated 17-4-2002 passed by the Sessio......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. ..Category: Anti-Corruption Laws | Date: | Hits: 200
Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)
....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....... 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)
....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 ......h statement addressed to the Secretary, Anti Corruption Commission within seven days of that notice. Upon an application by the petitioner under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondents to show cause as to why the order passed by the respondent No.2 vide Me......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...Category: Anti-Corruption Laws | Date: | Hits: 154
....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......989.
Judgment
Mohammad Gholam Rabbani J.- This application under Article 102 of the Constitution by the petitioner, the Capital Co‑operative Housing Society Ltd., represented by its Chairman, calls in question two judgments and orders as at Annexures O and N of the two Revenue Officers, resp......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)
....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; ......d with section 168 of the Companies Act are not attracted and as such I do not find any substance in the contention of Mr. Khandker. 8. In the present case whether the proceeding taken by BSRS is called other legal proceeding as contemplated under section 171 of the Companies Act is not a pertin......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
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267....... 1985 (Lah) 33; 1969 SUR 454, 1977. Lawyers Involved: Serajul Huq Advocate, with Mansurul Hoque Chowdhury Advocate, and ABM Gholam Mazid, Advocate ‑ For the Appellants. AFM Shahid Deputy Attorney‑General, with AQ Rashid Ahmed, Advocate ‑ For the State. Death Reference No.1 of 1989 ......editation, no pre‑plan or concerted action. The occurrence is nothing but an outcome of a sudden flash of rage, committed in the heat of passion and as such conviction under sections 302/149 is not called for. Mr. Huq also argues that the prosecution is also guilty of suppression of material facts......as the circumstantial evidence including the conduct of the parties who constitute such unlawful assembly. There must be some element present for immediately carrying into effect the common object. A meeting for deliberation only and to arrange plans for future action to be taken individually and no..Category: Criminal Law | Date: | Hits: 111
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....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......nal Revision No.80 of 1985. Judgment Muhammad 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 N......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)
....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..........................ablishment' and there must be workmen employed for the purpose of carrying on any 'industry'. Now what does 'industry' means. Clause‑XIV provides, 'industry' means any business, trade, manufacture, calling, services, employment or occupation. It will be noticed at once that this expression 'indust......d "Industry" and the original definition contains both the expression 'mean' and 'include' thereby introduced, the relationship of both the employer and the employee making the industry itself at the meeting ground or to put it in the language of the Indian Supreme Court 'masus'. The original Act un..Category: Labour and Industrial Law | Date: | Hits: 123
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
....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)......s in favour of the landlords i.e. land of the original holding of Taka 50.00 or Taka 45.00 came to the khas possession of the Chatterjee landlords. Whether they possessed the land by cultivation physically or not as soon as the holding was surrendered, the possession of the land in law reverted to t...... 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...Category: Property Law | Date: | Hits: 70
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
.... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644.......ent and order dated 31.5.83 passed by the learned Munsif, 2nd Court, Serajganj in Miscellaneous Case No. 110 of 1977 under section 96 of the State Acquisition and Tenancy Act. 2. Facts giving rise to this Rule may briefly be state thus: Pre‑emptor‑opposite party No.1 instituted Miscellaneo......rs Involved: M A Mazid, Advocate ‑ For the Petitioner. S M Amin Azaher, Advocate ‑ For the Opposite Parties. Civil Revision No. 11 of 1985. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the judgment and order dated 29.11.84 passed by the ...... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644...Category: Property Law | Date: | Hits: 68
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. ......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 ......upon the immovable property of the grantor, something which would in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a licence". According to Mr. Ahmed, by Ext. 1 the appellant granted a licence to the respo......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. ..Category: Property Law | Date: | Hits: 110
Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
....rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599.......badul Hoque J Abdur Rahman......................................Petitioner Vs. Shahanara Begum.................................Opposite Party. Judgment August 8, 1990. Case Referred to- Suratannessa Vs. Md. Naimuddin, 18 DLR 37. Lawyers Involved: Nurul Islam Chowdhury, Ad...... written statement and filed written statement on 18.11.86 and thereafter 3.1.87 was fixed for pre‑trial hearing under section 10 of the Ordinance and on that date the defendant was found absent on call and 5.1.87 was fixed for ex parte disposal of the suit. The said order was however vacated on t......rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599...Category: Civil Law | Date: | Hits: 106
Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ...... Abul (Md.) Kashem & others.........................Petitioner Vs. Ashrafuzzaman...........................................Opposite Party. Judgment July 30, 1990. Cases Referred to- Keramat Ali Bepari Vs. Province of East Pakistan, 22 DLR 646; Syed Ahmed Vs. Keshab Chandro ......he valuation given by the plaintiffs in the plaint computing the valuation on the consideration of the kabalas was rejected holding the valuation to be correct. In that case it was held no enquiry is called for to determine the correct valuation as per provision of section 8 C of the Court Fees Act ......of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ..Category: Civil Law | Date: | Hits: 94
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